city ordinances – chapter 11

SEC. 11.01. APPLICATION

SEC. 11.01. APPLICATION.

Subd. 1. Intent and Purpose.  The intent of this Chapter is to protect the public health, safety and general welfare of the City and its people through the establishment of minimum regulations in regard to location, erection, construction, alteration and use of structures and land.  Such regulations are established to protect such use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right‑of‑way; to prevent overcrowding of land and undue concentration of structures by regulating land, building, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this Chapter, to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties of the City staff, the Board of Adjustment and Appeals, the Planning Commission, and the Council in relation to this Chapter.

Subd. 2. Relation to Comprehensive Municipal Plan. It is the policy of the City that the enforcement, amendment, and administration of this Chapter be accomplished with due consideration of the recommendations contained in the Comprehensive Plan as developed and amended from time to time by the Planning Commission and the Council. The Council recognizes the Comprehensive Plan as the policy for regulating land use and development in accordance with the policies and purposes herein set forth. When a policy or recommendation of the Comprehensive Plan is determined to be in conflict with a regulation in this Chapter, the regulation in this Chapter shall prevail.

Subd. 3. Standard Requirement.  Where the conditions imposed by any provision of this Chapter are either more or less restrictive than comparable conditions imposed by other City Code provision, rule or regulation of the City, this Chapter, rule or regulation which imposes the more restrictive condition, standard, or requirement shall prevail.

Subd. 4. In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.  The Council may impose more extensive or rigorous standards where the Council determines that such standards are necessary to protect the public health, safety, or welfare and promote the intent of this Chapter.

Subd. 5. It is unlawful for any person to erect, convert, enlarge, reconstruct or alter any structure, or to use any structure or land for any purpose or in any manner which is not in conformity with the provisions of this Chapter.

Subd. 6. Except as herein provided, it is unlawful for any person to hereafter use or occupy any building, structure or premises that does not conform to the requirements of this Chapter, and no building permit shall be granted unless in conformance with this Chapter.

Subd. 7. Uses Not Provided for Within Zoning Districts. Whenever in any zoning district a use is neither specifically permitted or otherwise allowed, the use shall be considered prohibited.  In such cases the Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is substantively similar to another use that is an allowed use.  In such case, the Council shall pass a resolution making a finding that the proposed use is to be considered as a listed allowed use, and said proposed use shall be regulated just as the listed use.  The Council, Planning Commission or property owner, upon receipt of the staff study, may, if appropriate, initiate an amendment to this Chapter to provide for the particular use under consideration or shall find that the use is not compatible for development within the City.

Subd. 8. Authority. This Chapter is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, Sections 462.351 to 462.365.

SEC. 11.02. RULE AND DEFINITIONS

SEC. 11.02. RULE AND DEFINITIONS.

Subd. 1.  Rule.  All measured distances expressed in feet shall be the nearest tenth of a foot.

Subd. 2.  Definitions.  The following words and terms, wherever they occur in this Chapter, shall be interpreted as herein defined:

A. 1. “Abutting” ‑ Making contact with another parcel and sharing one of more common points, or separated only by public thoroughfare, railroad, public utility right‑of‑way or navigable waters.

  1. “Accessory Building or Use” ‑ A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary, incidental to, and supportive of the conduct of the principal use of such building. An accessory building or use shall be lesser in extent, size, and/or area to that of the principal building or use.
  1. “Addition” ‑ A physical enlargement of an existing structure.
  1. “Adult Uses” ‑ Adult uses include adult bookstores, adult motion picture theatres, adult motion picture sales/rental, adult mini‑motion picture theatres, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public.  Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included.

(a) “Specified Anatomical Areas”:

(1) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and,

(2)  Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(b) “Specified Sexual Activities”:

(1)  Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral‑anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually‑oriented acts or conduct:  anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or,

(2)  Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or,

(3)  Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or,

(4)  Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or,

(5)  Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or,

(6)  Erotic or lewd touching, fondling or other sexually‑ oriented contact with an animal by a human being; or,

(7)  Human excretion, urination, menstruation, vaginal or anal irrigation.

(c)  “Adult Uses ‑ Accessory” ‑ The offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment.  Examples of such items include the sale of adult magazines, the sale or rental of adult motion pictures, the sale of adult novelties, and the like.

(d)  “Adult Uses ‑ Principal” ‑ The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establish­ment and include but are not limited to the following:

(1)  Adult Use ‑ Body Painting Studio.  An establishment or business which provides the service of applying paint or other substance, whether transparent or non‑transparent, to or on the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas”.

(2)  Adult Use ‑ Bookstore.  A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture films if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.

(3)  Adult Use ‑ Cabaret.  A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”.

(4)  Adult Use ‑ Companionship Establishment.  A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

(5)  Adult Use ‑ Conversation/Rap Parlor.  A conversation/ rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

(6)  Adult Use ‑ Health/Sport Club.  A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

(7)  Adult Use ‑ Hotel or Motel.  Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”.

(8)  Adult Use ‑ Massage Parlor, Health Club.  A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

(9)  Adult Use ‑ Mini‑Motion Picture Theatre.  A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

(10)  Adult Use ‑ Modeling Studio.  An establish­ment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in “specified sexual activities” or display “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

(11)  Adult Use ‑ Motion Picture Arcade.  Any place to which the public is permitted or invited wherein coin or slug‑operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image‑producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.

(12)  Adult Use ‑ Motion Picture Theatre.  A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

(13)  Adult Use ‑ Novelty Business.  A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

(14)  Adult Use ‑ Sauna.  A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

(15)  Adult Use ‑ Steam Room/Bathhouse Facility.  A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

  1. “Agriculture Uses” ‑ Those uses commonly associated with the growing of produce on farms. These include:  field crop farming; pasture for hay; fruit growing; tree, plant, shrub, or flower nursery without buildings; truck gardening; roadside stand for sale in season of products grown on premises; and livestock raising and feeding, but not including fur farms, commercial animal feed lots, and kennels.
  1. “Airport” ‑ The Buffalo Municipal Airport.
  1. “Alley” ‑ A public or private right‑of‑way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.
  1. “Animals”
  • “Domestic Animals” ‑ For purposes of this Chapter, a domestic animal shall be defined as house pets such as dogs, cats, and birds, or other common pets kept in small containments which can be contained within a principal structure throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a building permit from the City. In addition, it includes birds and rabbits normally sheltered outside the home.
  • “Farm Animals” ‑ Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as farm animals in the State of Minnesota.
  • “Wild or Exotic Animals” – Any animal not included in the definitions for Domestic Animals or Farm Animals, whether such animal is commonly found in the wild or in domesticated conditions. Such animals are not permitted within the City limits except for temporary display under permit by the Council as provided for in Chapter 10.07.
  1. Antenna, Cellular Telephone – A device consisting of a metal, carbon fiber, or other electromagnetically conductive rods or elements, usually arranged on an antenna support structure, and used for the transmission and reception of radio waves in wireless telephone communications.
  1. Antenna, Public Utility Microwave. A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, but not including the supporting structure thereof.
  1. Antenna, Radio and Television, Broadcast Transmitting. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and but not including the support structure thereof.
  1. Antenna, Radio and Television Receiving. A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, but not including the supporting structure thereof.
  1. Antenna, Satellite Dish. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses.  This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas.
  1. Antenna, Short-Wave Radio Transmitting and Receiving. A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, but not including the supporting structure thereof.
  1. Antenna Support Structure. Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
  1. “Apartment” ‑ A dwelling unit, usually for rental, consisting of a room or suite of rooms which is designed for, intended for, or occupied as a residence by a single family or an individual, and is equipped with common cooking facilities.
  1. “Aquifer Recharge Areas” ‑ All land surface areas which by nature of their surface and/or subsurface soil characteristics are determined to contribute to the replenishment of subsurface water supplies.
  1. “Artificial Obstruction” ‑ Any obstruction which is not a natural obstruction (See obstruction).
  1. “Automobile Repair, Auto Body” ‑ Collision service, including body frame or fender straightening or repair; overall painting or paint job; and vehicle steam cleaning.
  1. “Automobile Repair, Major” ‑ General repair, rebuilding or reconditioning engines, motor vehicles or trailers; vehicle steam cleaning.
  1. “Automobile Repair, Minor” – Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding twelve thousand (12,000) pounds gross weight, but not including any operation specified under “Automobile Repair, Major”.
  1. “Automobile Wrecking or Junk Yard” – Any place where two or more vehicles not in running condition and/or not licensed, or parts thereof, are stored in the open and are not being restored to operation or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any commercial salvaging and scavenging of any other goods, articles or merchandise.

B. 1. “Basement” – That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling (See “Story”).  See Figure 11.02.B.1 as follows: b1-basement

  1. “Bay” – Cantilevered area of a room.
  1. “Bluff” – A topographic feature such as a hill, cliff, or embankment having all of the following characteristics:

(a)  Part or all of the feature is located in a shoreland area.

(b)  The slope rises at least twenty-five (25) feet above the ordinary high water level of the waterbody.

(c)  The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more above the ordinary high water level averages thirty (30) percent or greater.

(d)  The slope must drain toward the waterbody.

An area with an average slope of less than 18 percent over a distance for fifty (50) feet or more shall not be considered part of the bluff.

  1. “Bluff Impact Zone” – A bluff and land located within twenty (20) feet from the top of a bluff.
  1. “Boarding House” ‑ A residential building other than a hotel where, for compensation, lodging and meals are provided to three or more persons, not of the principal family therein.
  1. “Boathouse” ‑ A structure used solely for the storage of boats or boating equipment.
  1. “Buildable Area” ‑ The portion of a lot remaining after required setbacks and yards have been provided but excluding wetlands and floodplains.
  1. “Building” ‑ Any structure used or intended for supporting or sheltering of any use or occupancy.
  1. “Building Height” ‑ A distance to be measured from the mean ground level to the top of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deck line of a mansard roof, to the uppermost point on all other roof types. See Figure 11.02.B.9 as follows: 9-buildign-height
  1. “Building Line” ‑ A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
  1.   “Business” ‑ Any establishment, occupation, employ­ment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.

C. 1. “Carport” ‑ A canopy constructed of metal or other materials supported by posts either ornamental or solid and completely open on one or more sides.  A carport shall be treated as an accessory building for purposes of this Chapter.

  1. “Cellar” ‑ That portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. See “Basement”.
  1. “Channel” ‑ A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
  1. “Church” ‑ A building, together with its accessory buildings and use; where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
  1. “Clear Cutting” ‑ The removal of an entire stand of trees.
  1. “Club or Lodge” ‑ A club or lodge is an association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests.
  1. “Commercial Planned Unit Development” ‑ In a Shoreland District, uses that provide transient, short‑term lodging spaces, rooms, or parcels and their operations are essentially service‑oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service‑oriented activities are commercial planned unit developments.
  1. “Commercial Recreation” ‑ Bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dance hall, skating, trampoline, tavern, theatre, firearms range, boat rental, amusement rides, campgrounds, park and similar uses.
  1. “Commissioner” ‑ The Commissioner of the Department of Natural Resources.
  1. “Conditional Use” ‑ A use, which because of special problems of control the use presents, requires reason­able, but special, unusual and extraordinary limitations peculiar to the use and/or location of such use, for the protection of the public welfare, or its potential impacts on public services, and the integrity of the Comprehensive Plan.
  1. “Conditional Use Permit” ‑ A permit issued by the Council in accordance with procedures specified in this Chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.
  1. “Condominium” ‑ A development containing individually owned dwelling units or commercial units, and jointly owned and shared areas and facilities under common management, which dwelling or development is subject to the provisions of the Minnesota Condominium Law, Minnesota Statutes.
  1. “Convenience Food Establishment” ‑ An establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.
  1. “Cooperative (Housing)” ‑ A multiple family dwelling owned and maintained by the residents and subject to the provisions of 26 USC 216, Subd. (b)(1) as may be amended. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
  1. “Comprehensive Plan” ‑ A compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the City and includes but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution.  The Comprehensive Plan represents the Planning Commission’s recommendations for the future development of the City, as approved by the Council.
  1. “Court” ‑ An unoccupied open space other than a yard which is bounded on two or more sides by the walls of the buildings.
  1. “Crowding Potential” ‑ The ratio of total acreage to shore miles.

D. 1. “Day Care Facility” ‑ Any State licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than twenty‑four hours per day.  Day care facilities include, but are not limited to:  family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs, and day services, as defined in Minnesota Statutes, Section 245A.02.

  1. “Deck” ‑ A horizontal, unenclosed platform built up above natural grade, but which is not a “patio, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three (3) feet above ground.
  1. “Department Store” ‑ A business which is conducted under a single owner’s name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished.
  1. “Deposition” ‑ Any rock, soil, gravel, sand or other material deposited naturally or by man into a waterbody, watercourse, floodplains or wetlands.
  1. “District” ‑ A section or sections of the City for which the regulations and provisions governing the use of buildings and land are uniform for each class of use permitted therein.
  1. “Diversion” ‑ A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.
  1. “Dog Kennel, Commercial” ‑ Any place which is not a “Dog Kennel, Residential”, where three or more dogs over three months of age are boarded, bred and/or offered for sale, except a veterinary clinic.
  1. “Dog Kennel, Residential” ‑ Any residential dwelling unit where three or more dogs over three months of age are kept as domestic pets, and which is in compliance with Section 10.04 of the City Code.
  1. “Draining” ‑ The removal of surface water or groundwater from land.
  1. “Dredging” ‑ To enlarge or clean‑out a waterbody, watercourse or wetland.
  1. “Drive-Through Window” – A portion of a commercial establishment which accommodates service to the patron’s automobile from which the occupants may receive a service or in which products purchased from the establishment may be received for use or consumption off-site.
  1. “Duplex, Triplex and Quad” ‑ A dwelling structure on a single lot, having two, three, and four units respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
  1. “Dwelling” ‑ A building or portion thereof, designated exclusively for residential occupancy, including one family, two family, and multiple family dwellings, but not including hotels, motels, boarding houses, mobile homes or trailers.
  1. “Dwelling, Multiple (Apartment)” ‑ A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits.
  1. “Dwelling, Single Family” ‑ A dwelling unit designed exclusively for occupancy by one family.

(a)  Attached ‑ A dwelling which is joined to another at one or more sides by a common wall, or connected vertically with a common ceiling and floor.

(b)  Detached ‑ A dwelling unit not attached to another dwelling or structure.

  1. “Dwelling, Two Family” ‑ A dwelling designed exclusively for occupancy by two families living independently of each other.

(a)  Double Bungalow ‑ A two family dwelling with two units side‑by‑side.

(b)  Duplex ‑ A two family dwelling with one unit above the other.

  1. “Dwelling Unit” ‑ A residential building or portion thereof intended for occupancy by one family, and which includes spaces for sleeping, cooking and sanitation which are available only to occupants of the dwelling unit, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes or trailers.

E. 1. “Elderly Senior Citizen Housing” ‑ A public agency owned or controlled, or legally restricted multiple dwelling building with open occupancy limited to persons over fifty five (55) years of age.

  1. “Efficiency Apartment” ‑ A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets or dining alcove.
  1. “Elevator Penthouse” ‑ An enclosure located on the top of a building which houses the working mechanisms of an elevator.
  1. Essential Services” – The erection, construction, alteration or maintenance by public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication, water or sewer transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Transmission reception support structures and antennas shall not be considered an essential service.
  1. “Equal Degree of Encroachment” ‑ A method of determining the location of encroachment lines so that floodplain land on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach.
  1. “Exterior Storage” ‑ The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed within a building.

F. 1. “Family” ‑ A person living alone or any of the following groups, provided that the members of the group live together as a single housekeeping unit and do not exceed the maximum occupancy limits of the applicable building code:

(a) An individual plus one (1) or more persons related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship, including foster children and bona fide domestic servants employed on a full-time basis by the family in the dwelling unit; or

(b) Two unrelated people and any children related to either of them; or

(c) One (1) or more persons occupying a premises, subject to a limit of not more than three (3) unrelated persons eighteen (18) years of age or older. The definition of family is established for the purpose of preserving the character of residential neighborhoods by controlling population density, noise, disturbance and traffic congestion and shall not be applied so as to prevent the City from making reasonable accommodation where the City determines it necessary under applicable federal fair housing laws.

(d) Group residential facilities meeting the definition of this code, when properly licensed by the Minnesota Department of Human Services or the Minnesota Department of Corrections under MN Stat. 245A.11 and 241.021, or such facilities that are registered with the State of Minnesota, pursuant to MN Stat. 144D, as may be amended.

  1. “Farm” ‑ A tract of land of ten (10) or more acres in size usually with a house and barn plus other buildings on which crops and often livestock are raised.
  1. “Farm, Hobby” ‑ A tract of land generally consisting of ten (10) or less acres in size with a house and accessory buildings on which crops and often livestock are raised but not as a principal source of income. A hobby farm shall not qualify for exemptions provided in this Chapter for farms.
  1. “Farming” ‑ Process of operating a farm for the growing and harvesting of crops which shall include those necessary accessory buildings, related to operating the farm, and the keeping of common domestic farm animals.
  1. “Fence” ‑ A fence is defined for the purpose of this Chapter as any partition, structure, wall or gate erected as a dividing mark, barrier or enclosure.

(a)  Fence, Boundary Line ‑ All fences located within five (5) feet of a property line.

(b)  Fence, Interior Yard ‑ All fences located five (5) beyond a property line.

  1. “Filling” ‑ The act of depositing any rock, soil, gravel, sand or other material so as to fill a waterbody, watercourse or wetland.
  1. “Flood” ‑ A temporary rise in a stream flow or stage which results in inundation of the areas adjacent to the channel.
  1. “Flood Frequency” ‑ The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded. By strict definition, such estimates are designated “exceedance frequency”, but in practice the term “frequency” is used.  The frequency of a particular stage or discharge is usually expressed as having a probability of occurring once within a specific number of years.
  1. “Flood Fringe” ‑ That portion of the floodplain outside of the floodway.
  1. “Floodplain” ‑ The channel or beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodplain areas within the City shall encompass all areas designated as Zone A on the Flood Insurance Rate Map.
  1. “Flood Profile” ‑ A graph or a longitudinal plot of water surface elevation of a flood event along a reach of a stream or river.
  1. “Floodway” ‑ The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
  1. “Floor Area” ‑ The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, the floor area shall not include:  basement or cellar floor area other than area devoted to retailing activities, the production or processing of goods, or to business or professional offices.  The floor area of a residence shall not include the cellar area.
  1. “Forest Land Conversion” ‑ The clear cutting of forested lands to prepare for a new land use other than re‑establishment of a subsequent forest stand.

G. 1. “Garage, Private” ‑ An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles and trucks not exceeding 12,000 pounds gross weight, of the family or families resident upon the premises, and in which no business service or industry is carried on.

  1. “Garage, Public” ‑ A building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use.
  1. “Grade (Adjacent Ground Elevation)” ‑ The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.
  1. “Grading” ‑ Changing the natural or existing topography of land.
  1. “Group Care Facility” ‑ Any State licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with a twenty‑four (24) hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person’s own home. Group care facilities include, but are not limited to:  State institutions under the control of the Commissioner of Public Welfare, domestic abuse shelters, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children, as defined by Minnesota Statutes, Section 245A, but not those facilities housing a family as defined in this Chapter.

H. 1. “Height of Building” ‑ The vertical distance between the average elevation between the highest and lowest ground levels at the perimeter of a building, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.  See Figure 11.02.H.1 below: h1-height-of-building

  1. “Home Occupation” ‑ Any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises or neighborhood in which it is located.
  1. “Hotel” ‑ Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six or more guest rooms, used, designated or intended to be used, let or hired out to be occupied, or which are occupied by six or more individuals for compensation, whether the compensation be paid directly or indirectly.

I. 1. “Impervious Surface” ‑ An artificial or natural surface through which water, air or roots cannot penetrate.  Any impervious material with a horizontal measurement of one (1) foot or more in any dimension shall be included in the calculation of impervious surface.  Elevated structures which allow drainage through to pervious surfaces directly below, such as decks, shall not be included in the calculation of impervious surface.  The use of pervious pavement materials when installed to allow the percolation of drainage into the soil shall not be included in the calculation of impervious surface.

  1. “Intensive Vegetation Clearing” ‑ The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
  1. “Interlock” ‑ This is the painted line or barrier in a parking lot that separates two facing rows of parking from one another.
  1. “Interim Use” – A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow it.
  1. “Intermittent” ‑ A stream or portion of a stream that flows only in direct response to precipitation.

J. 1. “Junk Yard” ‑ An open area where waste, used, or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, appliances, furniture, rags, rubber, tires and bottles.  A junk yard includes an auto wrecking yard, but does not include uses established entirely within closed buildings.

K.  Reserved

L. 1. “Land Reclamation” ‑ The process of the re‑establishment of, acceptable topography (i.e. slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land.

  1. “Lodging House” ‑ A building other than a hotel, where for compensation for definite periods, lodging is provided for three or more persons not of the principal family, but not including a building providing this service for more than ten persons.
  1. “Lot (of Record)” ‑ A parcel of land, whether subdivided and/or otherwise legally described and recorded prior to the effective date of this Chapter, or approved by the City as a lot subsequent to such date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this Chapter and having its principal frontage upon an improved public street.
  1. “Lot” ‑ Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this zoning regulation, having not less than the minimum area required by this Chapter for a building site in the district in which such lot is situated and having its principal frontage on an improved public street.
  1. “Lot Area” ‑ The area of a horizontal plane within the lot lines.
  1. “Lot, Base” ‑ Lots meeting all the specifications in the zoning district prior to being subdivided into a two family dwelling or quadraminium subdivision.
  1. “Lot, Corner” ‑ A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty-five (135) degrees or less.
  1. “Lot, Depth” ‑ The shortest horizontal distance between the front lot line and the rear lot line measured from a ninety (90) degree angle from the street right‑of‑way within the lot boundaries. See Figure 11.02.L.8 as follows: 8-lot-depth
  1. “Lot, Frontage” ‑ The front of a lot shall be, for purposes of complying with this Chapter, that boundary abutting a public right‑of‑way which meets the minimum width of the applicable zoning district, but which has the least width if the lot has more than one frontage. See Figure 11.02.L.9 as follows: 9-lot-frontage

 

  1. “Lot, Interior” ‑ A lot, other than corner lot, including through lots.
  1. “Lot, Line” ‑ A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the easement or property line marking the street or alley right‑of‑way.
  1. “Lot, Through” ‑ A lot fronting on two generally parallel streets.
  1. “Lot, Unit” ‑ Lots created from the subdivisions of a two family dwelling, townhouse, or quadraminium having different minimum lot size requirements than the conventional base lots within the zoning district.
  1. “Lot, Width” ‑ The minimum horizontal distance between the side lot lines measured at right angles to the lot depth, at the front building setback line, and also at the shoreline setback line, if applicable. See Figure 11.02.L.14 as follows: 14-lot-width

 

M. 1. “Medical and Dental Clinic” ‑ A structure intended for providing medical and dental examinations and service available to the public.  This service is provided without overnight care available.

  1. “Minerals” ‑ Soil, clay, stone, sand and gravel and other similar solid material or substance to be mined from natural deposits.
  1. “Mining” ‑ All or any part of the process involved in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits thereby exposed.
  1. “Mobile (Manufactured) Home” ‑ Any single family dwelling transportable in one or more sections, which in the traveling mode is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis, with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and complies with Minnesota Statutes, Chapter 327.31, as may be amended.
  1. “Model Home” ‑ A home which is similar to others in a development and which is open to public inspection for the purpose of selling said other homes.
  1. “Motel/Motor Hotel” ‑ A building or group of detached, semi‑detached or attached buildings containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.
  1. “Motor Fuel Station” ‑ A place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and not including minor accessories and services for automobiles, but not including automobile major repairs and rebuilding.
  1. “Motor Freight Terminal (Truck Terminal)” ‑ A building in which freight brought by motor truck is assembled and sorted for routing in intra‑state and interstate shipment.

N. 1. “Natural Drainage System” ‑ All land surface areas which by nature of their contour configuration, collect, store and channel surface water runoff.

  1. “Natural Obstruction” ‑ Means any rock, tree, gravel or analogous natural matter that is an obstruction and has been located within a waterbody, watercourse or wetland by a non‑human cause.
  1. “Non‑Conforming Building, Structure or Use” ‑ A building, structure or use which does not conform with the district regulations and development standards in which it is situated.
  1. “Non-Conformity, Legal” – A non-conforming building, structure, or use which was legally established under the applicable rules and regulations in effect at the time that the building, structure or use was established.
  1. “Normal High Water Mark” ‑ A continuous mark of reference at an elevation where land and water meet for some period of record; is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
  1. “Nursing Home (Rest Home)” ‑ A building having accommodations where care is provided for two or more invalids, infirmed, aged, convalescent or physically disabled persons, as defined by MN Stat. Chapter 144A, that are not of the immediate family; but not including hospitals, clinics, sanitariums or similar institutions.

O. 1. “Obstruction (Floodplain)” ‑ Any storage of material or equipment, any dam, wall, wharf, embankment, levee, road, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, deposit, clearing of trees or vegetation, structure or matter in, along, across, or projecting, in whole or in part, into any floodplain.

  1. “Off‑Street Loading Space” ‑ A space accessible from the street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials.
  1. “Open Sales Lot” ‑ Any open land used or occupied for the purpose of buying, selling and/or renting merchandise and for the storing of same prior to sale.
  1. “Ordinary High Water Level” ‑ The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel.  For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.
  1. “Out‑Patient Care” ‑ Medical examination or service available to the public in a clinic or hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital.
  1. “Overburden” ‑ The earth, rock and other materials that lie above a natural deposit of mineral.

P. 1. “Parking Ramp” ‑ An accessory structure designed and used for the storage of motor vehicles at, below, and/or above grade.

  1. “Parking Space” ‑ An area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one passenger vehicle, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.
  1. “Permitted Use” ‑ A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.
  1. “Planned Unit Development” ‑ A type of development characterized by a unified site design for a number of commercial uses, dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time‑share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.  A Planned Unit Development may be established as a zoning district by ordinance, or as a special zoning approval, such as Conditional Use Permit, by Council resolution.
  1. “Principal Use” ‑ The main use of land or buildings as distinguished from subordinate or accessory uses. A “principal use” may be either permitted or conditional.
  1. “Public Uses” ‑ Uses owned or operated by municipal, school districts, county, state, or other governmental units.
  1. “Public Waters” ‑ Any waters as defined by Minnesota Statutes, Section 103G.005, Subd. 15.

Q. 1. “Quadraminium” ‑ A single structure which contains four separately owned dwelling units, all of which have individually separate entrances from the exterior of the structure.

R. 1. “Recreation, Field or Building” ‑ An area of land, water, or any building in which amusement, recreation or athletic sports are provided for public or semi‑public use, whether temporary or permanent, except a theatre, whether provision is made for the accommodation of an assembly or not.  A golf course, arena, baseball park, stadium, circus or gymnasium is a recreation field or building for the purpose of this Chapter.

  1. “Recreational Vehicle” ‑ A motor home, travel trailer, boat, snowmobile, dirt bike, or other such mobile equipment including the trailer on which a recreational vehicle is kept and transported, which is intended for leisure time, recreational purposes.
  1. “Regional Flood” ‑ A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100‑year reoccurrence interval. Regional flood is synonymous with the term “base flood” used in the Flood Insurance Study.
  1. “Regulatory Flood Protection Elevation” ‑ A point not less than one (1) foot above the elevation of the floodplain, plus any increase in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this Chapter are required to be elevated or floodproofed.
  1. “Restaurant” ‑ An establishment which serves food in or on non‑disposable dishes to be consumed primarily while seated at tables or booths within the building.
  1. “Roof Line” ‑ Is defined as the top of the coping; or, when the building has a pitched roof, as the intersection of the outside wall with the roof.

S.1. “Satellite Dish” ‑ Shall mean a combination of:

(a) antenna or dish antenna whose purpose is to receive a communication or other signals from orbiting satellites and other extra‑ terrestrial sources;

(b) a low‑noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and

(c) a coaxial cable whose purpose is to carry the signals into the interior of the building.

  1. “Satellite Dish Height” ‑ Shall mean the height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to the bottom of the base which supports the antenna.
  1. “Semi‑Public Use” ‑ The use of land by a private, non‑profit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
  1. “Sensitive Resource Management” ‑ The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
  1. “Setback” ‑ The minimum horizontal distance between a building or sewage treatment system and lot line. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided hereinafter.
  1. “Sewage Treatment System” ‑ A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Chapter 7080.
  1. “Sewer System” ‑ Pipelines or conduits, pumping stations, and force main, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
  1. “Shopping Center” ‑ An integrated grouping of commercial stores, under single ownership or control.
  1. “Shore Impact Zone” ‑ Land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty (50) percent of the structure setback.
  1. “Shoreland” ‑ Land located within the following distances from public water: one thousand (1,000) feet from the ordinary high water level of a lake, pond, or flowage; and three hundred (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.
  1. “Shoreland Dwelling Unit Within the Shoreland Area” ‑ Any structure or portion of a structure, or other shelter designed as short or long term living quarters for one or more persons, including rental or time share accommodations such as motel, hotel, and resort rooms and cabins.
  1. “Shoreland Residential Planned Unit Development” ‑ A use in a Shoreland district where the nature of residency is non‑transient and the major or primary focus of the development is not service‑oriented. For example, residential apartments, manufactured home parks, time‑share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments.
  1. “Sign” ‑ The use of any words, numerals, figures, devices, or trademarks by which anything is made known such as are used to show an individual, firm, profession, or business, and are visible to the general public.
  1. “Significant Historic Site” ‑ Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. An historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State archaeologist or the Director of the Minnesota Historical Society.  All unplatted cemeteries are automatically considered to be significant historic sites.
  1. “Slope” ‑ The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees or as a ratio.
  1. “Steep Slope” ‑ Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available County soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of these regulations. Where specific information is not available, steep slopes are lands having average slopes over twelve (l2) percent, as measured over horizontal distances of fifty (50) feet or more, that are not bluffs.
  1. “Story” ‑ The three-dimensional area of a building including space from the upper surface of a floor and upper surface of floor next above, except that the topmost story shall be that portion of a building, between the upper surface of the topmost floor and the ceiling above. If the finished floor level within a basement or cellar, or unused underfloor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement, cellar, or unused under‑floor space shall be considered a story. See Figure 11.02.S.17 as follows:

17-story

  1. “Street Frontage” ‑ The proximity of a parcel of land to one or more streets. An interior lot has one street frontage and a corner lot has two frontages.
  1. Structure, Public.  An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which is owned, or rented and operated by a federal, state, or local government agency.
  1. “Structure” ‑ Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character.
  1. “Surface Water‑Oriented Commercial Use” ‑ The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

T. 1. “Toe of the Bluff” ‑ The lower point of a fifty (50) foot segment with an average slope exceeding eighteen (18) percent.

  1. “Top of the Bluff” ‑ The higher point of a fifty (50) foot segment with an average slope exceeding eighteen (18) percent.
  1. “Townhouses” ‑ Structure housing three or more dwelling units contiguous to each other only by the sharing of one common wall, such structures to be of the town or row houses type as contrasted to multiple apartment structures. No single structure shall contain in excess of eight dwelling units and each dwelling unit shall have separate and individual front and rear entrances.

U. 1. “Use” ‑ The purpose or activity for which the land or building thereof is designated, arranged, or intended or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of this Chapter.

  1. “Usable Open Space” ‑ A required ground area or terrace area on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose.  Roofs, driveways and parking areas shall not constitute usable open space.

V. 1. “Variance” ‑ The waiving by Board action of the literal provisions of this Chapter in instances where their strict enforcement would cause practical difficulties in putting the property to a reasonable use because of physical circumstances unique to the individual property under consideration.

  1. “Vegetation” ‑ The sum total of plant life in some area; or a plant community with distinguishable characteristics.

W.1. “Waterbody” ‑ A body of water (lake, pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water and surrounded by land.

  1. “Watercourse” ‑ A channel or depression through which water flows, such as rivers, streams, or creeks, and may flow year‑around or intermittently.
  1. “Watershed” ‑ The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
  1. “Wetlands” ‑ Any area which meets the conditions and characteristics of MN Stat Chapter 103G et seq.
  1. “Wind Energy Conservation System (WECS)” ‑ Any device that is designed to convert wind power to another form of energy such as electricity or heat (also referred to by such common names as wind charger, wind turbine, and windmill).

X. Reserved.

Y. 1. “Yard” ‑ An open space on the lot which is unoccupied by any building or structure and unobstructed from its lowest level to the sky.

  1. “Yard, Front” ‑ That area extending along the full length of a lot between side lot lines from that portion of the lot bordering the public right of way to the front building line. In the case of a lot abutting one or more roads such as a corner lot or through lot, all yards fronting on a public street shall be treated as front yards for the purpose of applying zoning regulations, unless otherwise specified in this Chapter.  See Figure 11.02.Y.2 as follows:
  1. “Yard, Rear” ‑ A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. See Figure 11.02.Y.2 as follows: 3-yard-rear
  1. “Yard, Required” ‑ That distance specified in the yard requirements pertaining to setbacks. Setbacks and required yards are used interchangeably.
  1. “Yard, Side” ‑ A yard between the side line of the lot and the nearest line of the principal building and extending between the front line of the building and the rear yard. See Figure 11.02.Y.2 as follows:

Z. Reserved.

SEC. 11.06. ADMINISTRATION; AMENDMENTS

SEC. 11.06. ADMINISTRATION; AMENDMENTS.

Subd. 1. Procedure.

A. Filing. Request for amendments to the zoning ordinance or zoning map shall be filed with the Zoning Administrator on an official application form.  Such application shall be accompanied by a fee as provided by Ordinance.  Such application shall also be accompanied by five (5) copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a list of property owners located within three hundred fifty (350) feet of the subject property obtained from and certified by a County or City official.  The City may, at its discretion, provide this list.  The request for amendment shall be placed on the agenda of the first possible Planning Commission meeting occurring after ten (10) days following the date of submission and public hearing publication.  The request shall be considered as being officially submitted when all the information requirements are complied with.

B. Hearing. Upon receipt of said application, the City Clerk shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the Council.  Notice of said hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten (10) days prior to the hearing and written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty (350) feet of the boundary of the property in question or as required by State Statute.  Notice will not be mailed for amendments to the text of the zoning ordinance, and the City may choose not to mail notice for amendments to zoning map when the proposed amendment affects an area of more than five (5) acres.  Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth in this Chapter.

C. Technical Analysis. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action of the Council.

D. Evaluation Criteria. The Planning Commission shall consider possible adverse effects of the proposed amendment.  Its judgment shall be based upon (but not limited to) the following factors:

1. The proposed action has been considered in relation to the specific policies and provi­sions of and has been found to be consistent with the official Comprehensive Plan.

2.The proposed use is or will be compatible with present and future land uses of the area.

3. The proposed use conforms with all performance standards contained herein.

4. The proposed use will not tend to or actually depreciate the property values in the area in which it is proposed.

5. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity.

6. Traffic generation by the proposed use within the capabilities of streets serving the property.

E. Additional Information. The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent Sections of this Chapter.

F. Public Hearing Attendance. The applicant or representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed request.

G. Planning Commission Recommendation. The Planning Commission may recommend approval or denial of the request.  Such recommendation shall be accompanied by the report and recommendation of the City staff.  In the event the Planning Commission cannot agree on a recommendation, the Commission may choose to pass the item on to the Council with no recommendation.

H. Council Referral. The Council shall not act upon an amendment until it has received a report and recommendation from the Planning Commission and the City staff or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered, whichever comes first.  However, the Council may take up consideration of the application without Planning Commission action if the Statutory period for a decision as specified in MN Stat Chapter 15.99 will expire prior to the opportunity for further review.

I. Council Review Schedule.

Upon receiving the report and recommendation of the Planning Commission and the City staff, the Council shall place the report and recommendation on the agenda for the next regular meeting.  Such reports and recommendations shall be entered in and made part of the permanent written record of the Council meeting.

J. Council Public Hearing. Upon receiving the report and recommendation of the Planning Commission and the City staff, the Council shall have the option to set and hold a public hearing if deemed necessary.

K. Planning Commission Reconsideration. If, upon receiving said reports and recommendations of the Planning Commission and City staff, the Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the Council will differ from that of the Planning Commission, the Council may, before taking final action, refer the matter back to the Planning Commission for further consideration.  The Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral.  This procedure shall be followed only one time on a singular action.

L. Council Approval. Approval of a proposed amendment to the zoning map when such amendment has the effect of rezoning property from a residential district to a commercial or industrial district shall require passage by a four‑fifths (4/5) vote of the entire Council.  For all other amendments, whether to the zoning map or zoning ordinance text, approval shall require a simple majority of Council.

M. Ordinance Processing.  The amendment shall not become effective until such time as the Council approves an ordinance reflecting said amendment and after said ordinance is published in the official newspaper.

N. Reconsideration. Whenever an application for an amendment has been considered and denied by the Council, a similar application for the amendment affecting substantially the same property shall not be considered again by the Planning Commission or Council for at least six (6) months from the date of its denial; unless a decision to reconsider such matter is made by not less than four‑fifths (4/5) vote of the full Council.

Subd. 2. Amendments; Initiation.  The Council or Planning Commission may, upon their own motion initiate a request to amend the text or the district boundaries of this Chapter.  Any person, owning real estate within the City may initiate a request to amend the district boundaries or text of this Chapter so as to affect the said real estate.

Subd. 3. Appeal. All decisions by the Council involving amendments shall be final except that an aggrieved person or persons shall have the right to appeal within thirty (30) days of the decision to the Wright County District Court.

 

 

SEC. ll.07. ADMINISTRATION; CONDITIONAL USE PERMITS

SEC. ll.07. ADMINISTRATION; CONDITIONAL USE PERMITS.

Subd. l. Purpose. The purpose of a conditional use permit is to provide the City with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety.  In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of the adjoining land or buildings, the effect upon traffic into or from the premises, or on any adjoining roads, and all other or further factors as the City shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety.

Subd. 2. Procedure.

A. Filing.

Request for conditional use permits, as provided within this Chapter, shall be filed with the Zoning Administrator on an official application form.  Such application shall be accompanied by a fee as provided for by ordinance.  Such application shall also be accompanied by five (5) copies of detailed written and graphic materials fully explaining the proposed change, development or use and a list of property owners located within three hundred fifty (350) feet of the subject property obtained from and certified by a County or City Officer. The City may, at its discretion, provide this list.  The request for conditional use permit shall be placed on the agenda of the first possible Planning Commission meeting occurring after ten (10) days from the date of submission and publication for public hearing.  The request shall be considered as being officially submitted when all the information requirements are complied with.

B. Public Hearing. Upon receipt of said application, the City Clerk shall set a public hearing following proper hearing notification.  The Planning Commission shall conduct the hearing, and report its findings and make recommendations to the Council. Notice of said hearing shall consist of a legal property description, description of request and street address of property location, and be published in the official newspaper at least ten (10) days prior to the hearing and written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred feet (350) feet of the boundary of the property in question.  Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Chapter.

C. Technical Analysis. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Council.

D. Evaluation Criteria.  The Planning Commission shall consider possible adverse effects of the proposed conditional use.  Its judgment shall be based upon (but not limited to) the following factors:

1. The proposed action has been considered in relation to the specific policies and provi­sions of and has been found to be consistent with the official Comprehensive Land Use Plan.

2. The proposed use is or will be compatible with present and future land uses of the area.

3. The proposed use conforms with all performance standards contained herein.

4. The proposed use will not tend to or actually depreciate the area in which it is proposed.

5. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity.

6. Traffic generation by the proposed use within the capabilities of streets serving the property.

E. Additional Information. The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent Sections of this Chapter.

F. Public Hearing Attendance. The applicant or representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed request.

G. Planning Commission Recommendation.  Upon making a recommendation, the Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of this Chapter.  Such recommendation shall be in writing and accompanied by the report and recommendation of the City staff.  In the event the Planning Commission cannot agree on a recommendation, the Commission may choose to pass the item on to the Council with no recommendation.

H. Council Referral. The Council shall not grant a conditional use permit until it has received a report and recommendation from the Planning Commission and the City staff or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered, whichever comes first.  However, the Council may take up consideration of the application without Planning Commission action if the Statutory period for a decision as specified in MN Stat Chapter 15.99 will expire prior to the opportunity for further review.

I. Council Review Schedule.  Upon receiving the report and recommendation of the Planning Commission and the City staff, the Council shall place the report and recommendation on the agenda for the next regular meeting.  Such reports and recommendations shall be entered in and made part of the permanent written record of the Council meeting.

J. Council Public Hearing. Upon receiving the report and recommendation of the Planning Commission and the City staff, the Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the public health, safety and welfare.

K. Planning Commission Reconsideration. If, upon receiving said reports and recommendations of the Planning Commission and City staff, the Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the Council will differ from that of the Planning Commission, the Council may, before taking final action, refer the matter back to the Planning Commission for further consideration.  The Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral.  This procedure shall be followed only one time on a singular action.

L. Council Approval. Approval of a request shall require passage by a simple majority vote of the full Council.

M. Reconsideration.  Whenever an application for a conditional use permit has been considered and denied by the Council, a similar application for the conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or Council for at least six (6) months from the date of its denial; unless a decision to reconsider such matter is made by not less than four‑fifths (4/5) vote of the full Council.

Subd. 3. Information Requirement. The information required for all conditional use permit applications generally consists of the following items, and shall be submitted when requested by the City:

A. Site Development Plan.

1. Location of all buildings on lots including both existing and proposed structures.

2. Location of all adjacent buildings located within 350 feet of the exterior boundaries of the property in question.

3. Location and number of existing and proposed parking spaces.

4. Vehicular circulation.

5. Architectural elevations (type and materials used in all external surface).

6. Location and type of all proposed lights.

7. Curb cuts, driveways, number of parking spaces.

B. Dimension Plan.

1. Lot dimensions and area.

2. Dimensions of proposed and existing structures.

3. “Typical” floor plan and “typical” room plan.

4. Setbacks of all buildings located on property in question.

5. Proposed setbacks.

6. Sanitary sewer and water plan with estimated use per day.

C. Grading Plan.

1. Existing contour.

2. Proposed grading elevations.

3. Drainage configuration, including existing and proposed impervious surfaces.

4. Storm sewer catch basins and invert elevations.

5. Spot elevations.

6. Proposed road profile.

D. Landscape Plan.

1. Location of all existing trees, type, diameter, crown cover, and which trees will be removed.

2. Location, type and diameter of all proposed plantings.

3. Location and material used of all screening devices.

E. Legal description of property under consideration.

F. Proof of ownership of the land for which a conditional use permit is requested.

 

Subd. 4. Lapse of Conditional Use Permit by Non-Use. Whenever within one (1) year after granting a conditional use permit, the use as permitted by the permit shall not have been completed or utilized, then such permit shall become null and void unless a petition for an extension of time in which to complete or utilize the use that has been granted by the Council.  Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original conditional use permit.  There shall be no charge for the filing of such petition.  The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit.  Such petition shall be presented to the Planning Commission for a recommendation and to the Council for a decision.

Subd. 5. Performance Bond.

A. Except in the case of non‑income producing residential property, upon approval of a conditional use permit the City shall be provided where deemed necessary by the Council with a surety bond, cash escrow, certificate of deposit, securities, or cash deposit, letter of credit, or other security acceptable to the City, prior to the issuing of building permits or initiation of work on the proposed improvements or development.  Said security shall be non‑cancellable and shall guarantee conformance and compliance with the conditions of the conditional use permit and City Code provisions.

B. The security shall be in the amount equal to one hundred twenty‑five (125) percent of the City Engineer’s or Building Official’s estimated costs of labor and materials for the proposed improvements or development.  Said project can be handled in stages upon the discretion of the City Engineer and Building Official.

C. The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and City Code provisions has been issued by the Building Official.

D. Failure to comply with the conditions of the conditional use permit or City Code provisions shall result in forfeiture of the security.

E. Whenever a performance guarantee is imposed by the City, the applicant shall be required to enter into a performance agreement with the City.  This agreement is to provide authorization to the City to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the permit.  Said agreement shall hold harmless the City for completion of the work and address other matters as may be determined by the City Attorney.

Subd. 6. Appeal. All decisions by the Council involving a conditional use permit request shall be final except that an aggrieved person or persons shall have the right to file an appeal within thirty (30) days of the decision with the Wright County District Court.

 

 

SEC. 11.08. ADMINISTRATION; VARIANCES

SEC. 11.08. ADMINISTRATION; VARIANCES.

Subd. 1. General Provisions and Standards.

A. Purpose. The purpose of this Section is to provide for variances from the literal provisions of this Chapter in instances where their strict enforcement would cause practical difficulties in putting the property to a reasonable use because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Chapter.  The City Council will sit as the Board of Adjustments and Appeals in making decisions of approval or denial of variance applications.

B. Review Criteria. Conditions governing consideration of variance requests:

1. In considering all requests for a variance and in taking subsequent action, the City staff, the Planning Commission and the Council shall make a finding of fact that the proposed action will not:

(a) Impair an adequate supply of light and air to adjacent property.

(b) Unreasonably increase the congestion in the public street.

(c) Increase the danger of fire or endanger the public safety.

(d) Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Chapter.

(e) Violate the intent and purpose of the Comprehensive Plan.

(f) Violate any of the terms or conditions of Item 2 of this Subparagraph B.

2. A variance from the terms of this Chapter shall not be granted unless it can be demonstrated that:

(a) Practical difficulties in putting the property to a reasonable use will result if the variance is denied due to the existence of special conditions and circumstances in putting the property to a reasonable use which are peculiar to the land, structure or building involved.

(1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property.

(2) Practical difficulties caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Chapter.

(3) Special conditions and circumstances causing practical difficulties shall not be a result of lot size or building location when the lot qualifies as a buildable parcel.

(b) Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter, or deny the applicant of the ability to put the property in question to a reasonable use.

(c) The special conditions and circumstances causing the practical difficulties do not result from the actions of the applicant.

(d) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same district.

(e) The request is not a use variance.

(f) Variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant and to provide for a reasonable use of the property.

3. Application for a variance shall set forth reasons that the variance is justified in order to make reasonable use of the land, structure or building.

4. Should the Council find that the conditions outlined heretofore apply to the proposed lot or parcel, the Council may grant a variance from the strict application of this Chapter so as to relieve such difficulties to the degree considered reasonable, provided such relief may be granted without impairing the intent of this Chapter.  The Planning Commission, based upon a report and recommendation by the City staff, shall have the power to advise and recommend such conditions related to the variance regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in the interest of the intent and purpose of this Chapter.

Subd. 2. Procedures.

A. Major Variances.

1. Processing. The purpose of this Section is to provide for an expeditious method of processing minor variance requests.

(a) Requests for a variance or appeal shall be filed with the Zoning Administrator on an official application form.  Such application shall be accompanied by a fee as established by ordinance.  Such application shall also be accompanied by five (5) copies of detailed written and graphic materials necessary for the explanation of the request, and a list of property owners located within 350 feet of the subject property obtained from and certified by an officer of the County or City.

(b) The Planning Commission shall conduct the hearing following proper notification and report its findings and make recommendations to the Council.  Notice of said hearing shall consist of a legal property description, description of request and street address of property location, and be published in the official newspaper at least ten (10) days prior to the hearing and written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty (350) feet of the boundary of the property in question.

(c)  Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter.

(d)  The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Council.

(e)  The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent Sections of this Chapter.

(f)  The applicant or representa­tive thereof shall appear before the Planning Commission to answer questions concerning the proposed variance.

(g)  The Planning Commission shall make findings of fact and recommend approval or denial of the request.  The Planning Commission shall reach a decision within sixty (60) days after the first regular meeting at which the variance request was considered by the Commission.  The Commission’s recommendation and the City staff’s report shall be presented to the Council. However, the Council may take up consideration of the application without Planning Commission action if the Statutory period for a decision as specified in MN Stat Chapter 15.99 will expire prior to the opportunity for further review.

(h)  The Council shall make finding of fact and approve or deny a request for variance within thirty (30) days after the close of the public hearing on the request.

(i)  A variance of this Chapter shall be by simple majority vote of the full Council, sitting as the Board of Adjustment and Appeals.

(j)  All decisions by the Council involving a variance request shall be final except that an aggrieved person or persons shall have the right to appeal within thirty (30) days of the decision to the Wright County District Court.

Subd. 2.  Lapse of Variance.  If within one (1) year after granting a variance the use as permitted by the variance shall not have been completed or utilized, then such a variance shall become null and void unless a petition for an extension of time in which to complete or utilize the use has been granted by the Council.  Such extension shall be requested in writing and filed with the Zoning Adminis­trator at least thirty (30) days before the expiration of the original variance or appeal.  There shall be no charge for the filing of such petition.  The request for extension shall state facts showing a good faith attempt to complete or use the use permitted in the variance or appeal.  Such petition shall be presented to the Council for decision.

Subd. 3.  Performance Bond.

A.  Upon approval of a variance, the City shall be provided, where deemed necessary by the City, with a surety bond, cash escrow, certificate of deposit, securi­ties, cash deposit, letter of credit, or other security acceptable to the City, prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall guarantee conformance and compliance with the conditions of the variance and City Code provisions.

B. The security shall be in the amount equal to one hundred twenty‑five (125) percent of the City Engineer’s or Building Official’s estimated costs of labor and materials for the proposed improvements or development.

C. The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance and City Code provisions has been issued by the Building Official.

D. Failure to comply with the conditions of the variance or appeal and City Code provisions shall result in forfeiture of the security.

E. Whenever a performance guarantee is imposed by the City, the applicant shall be required to enter into a performance agreement with the City. This agreement is to provide authorization to the City to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the permit.  Said agreement shall hold harmless the City for completion of the work and address other matters as may be determined by the City Attorney.

SEC. 11.09. ADMINISTRATION; APPEALS

SEC. 11.09. ADMINISTRATION; APPEALS.

Subd. 1. Board Designation. The Council shall serve as the Board of Adjustment and Appeals.

Subd. 2. Approval. A majority vote of four‑fifths (4/5) of the full Board of Adjustments and Appeals shall be required to reverse any decision of an administrative officer in the interpretation of this Chapter.

Subd. 3. Filing. An appeal from the ruling of an administrative officer of the City made by the proper owner or his agent within thirty (30) days after the making of the order appealed from.

Subd. 4. Procedure. The procedure for making such an appeal shall be as follows:

A. The property owner or his agent shall file with the Zoning Administrator a notice of appeal stating the specific grounds upon which the appeal is made.

B. The Board of Adjustment and Appeals shall make its decision by resolution within sixty (60) days and a copy of the resolution shall be mailed to the applicant by the Zoning Administrator.

Subd. 5. Appeal. All decisions by the Board of Adjustments and Appeals shall be final except that an aggrieved person or persons shall have the right to appeal within thirty (30) days of the decision with the Wright County District Court.

SEC. 11.10. ADMINISTRATION; PLANNED UNIT DEVELOPMENT

SEC. 11.10. ADMINISTRATION; PLANNED UNIT DEVELOPMENT.

Subd. 1. Purpose. This Section is established to provide comprehensive procedures and standards designed to allow greater flexibility in the development of neighborhoods or areas by incorporating a mixture of densities/intensities, or use types when applied to a PUD district.  The PUD process, by allowing variation from the strict provisions of this Chapter related to setbacks, height, lot area, width and depth, yards, etc., is intended to encourage:

A. Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and siting of structures and by the conservation and more efficient use of land in such developments.

B. Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects.

C. More convenience in location and design of development and service facilities.

D. The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion.

E. A creative use of land and related physical development which allows a phased and orderly transition of land from rural to urban uses.

F. An efficient use of land resulting in smaller networks of utilities and streets thereby lower development costs and public investments.

G. A development pattern in harmony with the objectives of the Comprehensive Plan.  (PUD is not intended as a means to vary applicable planning and zoning principles).

H. A more desirable and creative environment than might be possible through the strict application on zoning and subdivisions regulations of the City.

Subd. 2. General Requirements and Standards.

A. Ownership. An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project.  The application and all submissions must be directed to the development of the property as a unified whole.  In the case of multiple ownership, the approved final plan shall be binding on all owners.

B. Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan.

C. Sanitary Sewer Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Sewer Plan.

D. Common Open Space. Common open space at least sufficient to meet the minimum requirements established in the Comprehensive Plan and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD development.

E. Operating and Maintenance Requirements for PUD Common Open Space/Facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a pre‑determined reasonable standard.  Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following, as approved by the Council:

1. Dedicated to public, where a community‑wide use is anticipated and the Council agrees to accept the dedication.

2. Landlord control, where only use by tenants is anticipated.

3. Property Owners Association, provided all of the following conditions are met:

(a) Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, townhouse, apartment or common area, a declaration of covenants, conditions and restrictions in accordance with Minnesota law, shall be filed with the City, said filing with the City to be made prior to the filings of said declaration or document or floor plans with the recording officers of Wright County, Minnesota.

(b) The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject said properties to the terms of said declaration.

(c) The declaration of covenants, conditions and restrictions shall provide that an owner’s association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs.  This declaration shall be subject to the review and approval of the City Attorney.  The intent of this requirement is to protect the property values of the individual owner through establishing private control.

(d) The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City or fails to pay taxes or assessments on properties as they become due and in the event the City incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the City shall have the right to assess each property its prorata share of said expenses.  Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made.

(e) Membership must be mandatory for each owner and any successive buyer.

(f) The open space restrictions must be permanent and not for a given period of years.

(g) The Association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it.

(h) Property owners must pay their prorata share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes.

(i) The Association must be able to adjust the assessment to meet changed needs.

(j) The by‑laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the Council prior to the approval of the final PUD plan.

F. Staging of Public and Common Open Space. When a PUD provides for common or public open space, and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.

G. Density. The maximum allowable density variation in a PUD shall be determined by standards negotiated and agreed upon between the applicant and the City.  In all cases the negotiated standards shall be consistent with the development policies as contained in the Comprehensive Plan.  Whenever a PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds one hundred twenty‑five (125) percent of the proposed residential density of the entire PUD.

H. Utilities. In any PUD, all utilities, including telephone, electricity, gas, cable television, and any other similar utility, shall be installed underground.

I. Utility Connections.

1. Water Connections. Where more than one property is served from the same service line, individual unit shut off valves shall be provided as required by the City Engineer.

2. Sewer Connections. Where more than one unit is served by a sanitary sewer lateral, provision must be made for a manholes and any other requirements of the City Engineer to allow adequate cleaning and maintenance of the lateral.  All maintenance and cleaning shall be the responsibility of the property owners association or owner.

J. Roadways. All public streets shall conform to the design standards contained in the Subdivision Chapter of the City Code, unless otherwise approved by the Council.  Private streets, if utilized, shall be no less than twenty-eight (28) feet in width, measured from back of curb.

K. Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the Council, which shall include a detailed planting list with sizes and species indicated as part of the final plan.  In assessing the landscaping plan, the Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.

L. Urban/Rural Servicing Requirements. All development will be carefully phased so as to ensure that all developable land will be accorded a present vested right to develop at such time as services and facilities are available.  Lands which have the necessary available municipal facilities and services will be granted approval in accordance with existing City Code provisions and development techniques.  Lands which lack the available public facilities and services may be granted approval for development, provided that all applicable provisions of this Chapter, the City Code, and State Regulations are complied with.

M. Setbacks.

1. The front and side yard restrictions of the periphery of the Planned Unit Development site at a minimum shall be the same as imposed in the respective districts.

2. No building shall be located less than fifteen (15) feet from the back of the curb line along those roadways which are part of the internal street pattern.

3. No building within the project shall be nearer to another building than one‑half (1/2) the sum of the building heights of the two buildings.

4. Setbacks from private streets shall be no less than twenty eight (28) feet from face of garage to edge of pavement.

Subd. 3. Submission Requirements. Five (5) copies of the following exhibits, analysis and plans shall be submitted to the Planning Commission and Council during the PUD process, at the times specified in Subdivision 4 of this Section.

A. General Concept Stage.

1. General Information:

(a) The landowner’s name and address and his interest in the subject property.

(b) The applicant’s name and address if different from the landowner.

(c) The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor.

(d) Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up‑to‑date certified abstract of title or registered property report, and such other evidences as the City Attorney may be required to show the status of title or control of the subject property.

2. Present Status:

(a) The address and legal description of the subject property.

(b) The existing zoning classification and present use of the subject property and all lands within one thousand (l,000) feet of the subject property.

(c) A map depicting the existing development of the subject property and all land within one thousand (1,000) feet thereof and indicating the location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 100 feet of the subject property.

3. A written statement generally describing the proposed PUD and the market which it is intended to serve and its demand showing its relationship to the Comprehensive Plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the City.

4. Site Conditions. Graphic reproductions of the existing site conditions at a scale of one hundred (100) feet.

(a) Contours – minimum two (2) foot intervals.

(b) Location, type and extent of tree cover.

(c) Slope analysis.

(d) Location and extent of water bodies, wetlands and streams and floodplains within three hundred (300) feet of the subject property.

(e) Significant rock outcroppings.

(f) Existing drainage patterns.

(g) Vistas and significant views.

(h) Soil conditions as they affect development.

All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference.

5. Schematic drawing of the proposed development concept including but not limited to the general location of major circulation elements, public and common open space, residential and other land uses.

6. A statement of the estimated total number of dwelling units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following:

(a) Area devoted to residential uses.

(b) Area devoted to residential use by building type.

(c) Area devoted to common open space.

(d) Area devoted to public open space.

(e) Approximate area devoted to streets.

(f) Approximate area devoted to, and number of, off-street parking and loading spaces and related access.

(g) Approximate area and floor area, devoted to commercial uses.

(h) Approximate area and floor area, devoted to industrial or office use.

7. When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage.

8. When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities.

9. General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.

10. Schematic utilities plans indicating placement of water, sanitary and storm sewers.

11. The Planning Commission may excuse an applicant from submitting any specific item of information or document required in this stage, which it finds to be unnecessary to the consideration of the specific proposal for PUD approval.

12. The Planning Commission may require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD or any aspect or stage thereof.

B. Development Stage. Development stage submissions should depict and outline the proposed implementations of the general concept stage for the PUD.  Information from the general concept stage may be included for background and to provide a basis for the submitted plan.  The development stage submissions shall include but not be limited to:

1. Zoning classification required for development stage submission and any other public decisions necessary for implementation of the proposed plan.

2. Five (5) sets of preliminary plans, drawn to a scale of not less than one (1) inch equals one hundred (100) feet (or scale requested by the Administrator containing at least the following information:

(a) Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in the County where the subject property is situated).

(b) Property boundary lines and dimensions of the property and any significant topographical or physical features of the property.

(c) The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area, of proposed buildings, and existing buildings which will remain, if any.

(d) Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements.

(e) Location, designation and total area of all common open space.

(f) Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities.

(g) Proposed lots and blocks, if any, and numbering system.

(h) The location, use and size of structures and other land uses on adjacent properties.

(i) Detailed sketches and provisions of proposed landscaping.

(j)  General grading and drainage plans for the developed PUD.

(k) Any other information that may have been required by the Planning Commission or Council in conjunction with the approval of the general concept plan.

3. An accurate legal description of the entire area within the PUD for which final development plan approval is sought, together with a Certificate of Survey prepared by a Registered Land Surveyor.

4. A tabulation indicating the number of residential dwelling units and expected population.

5. A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity (e.g., drug store, dry cleaning, supermarket).

6. Preliminary architectural “typical” plans indicating use, floor plan, elevations and exterior wall finishes of proposed building, including mobile homes.

7. A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights‑of‑way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structure, including mobile homes and uses.

8. Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation.  The plan should clearly reflect the site treatment and its conformance with the approved concept plan.

9.  A preliminary plat prepared in accordance with the Subdivision Chapter of the City Code.

10. A Soil Erosion Control plan acceptable to watershed districts, Department of Natural Resources, Soil Conservation Service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures.

11. A statement summarizing all changes which have been made in any document, plan data or information previously submitted, together with revised copies of any such document, plan or data.

12. Such other and further information as the Planning Commission, Administrator or Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof.

13. The Planning Commission may excuse an applicant from submitting any specific item of information or document required in this Section it finds to be unnecessary to the consideration of the specific proposal for PUD approval.

C. Final Plan Stage. After approval of a general concept plan for the PUD and approval of a development stage plan for a section of the proposed PUD the applicant will submit the following material for review by the City staff prior to issuance of a building permit.

1. Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.

2. All certificates, seals and signatures required for the dedication of land and recordation of documents.

3. Final architectural working drawings of all structures.

4. A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a Community/Developer Agreement for the installation of such improvements and financial guarantees for the completion of such improvements.

5. Any other plan, agreements, or specifications necessary for the City staff to review the proposed construction.  All work must be in conformance with the Minnesota State Uniform Building Code.

Subd. 4. Procedure for Processing a Planned Unit Development.

A. Application Conference. Upon filing of an application for PUD, the applicant of the proposed PUD is encouraged to arrange for and attend a conference with the Zoning Administrator.  The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of his proposal for the area for which it is proposed and its conformity to the provisions of this Chapter before incurring substantial expense in the preparation of plans, surveys and other data.

B. General Concept Plan.

1. Purpose. The General Concept Plan provides an opportunity for the applicant to submit a plan to the City showing his basic intent and the general nature of the entire development without incurring substantial cost.  The following elements of the proposed general concept plan represents the immediately significant elements for City review and comment.

(a) Overall maximum PUD density range.

(b) General location of major streets and pedestrian ways.

(c) General location and extent of public and common open space.

(d) General location of residential and non-residential land uses with approximate type and intensities of development.

(e) Staging and time schedule of development.

(f) Other special criteria for development.

2. Schedule.

(a) Developer meets with the Zoning Administrator to discuss the proposed developments.

(b) The applicant shall file a request for a concept review, together with all supporting data and filing fee as established by ordinance.

(c) Within thirty (30) days after verification by the staff that the required plan and supporting data is adequate, the Planning Commission shall hold a public review of the concept.

(d) The Zoning Administrator, upon verification of said application, shall instruct the City Clerk to set the concept review for the next regular meeting of the Planning Commission.  The Planning Commission shall conduct the review, and report its findings and make comments on the proposal to the Council.  The Planning Commission’s comments shall identify potential issues and elements of the proposal in relation to policies of the Comprehensive Plan for development of the area in question.

(e) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation on the action to the Council.  Additionally, when appropriate as determined by the Zoning Administrator, the request shall be provided to the Park and Recreation Committee for their review and comment.

(f) The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent Sections of this Chapter.

(g) The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed development.

(h) Within sixty (60) days of the Planning Commission’s concept review meeting, or such further time as may be agreed to by the applicant, the Planning Commission shall itself review said reports and plans and submit its written report and comments to the Council and applicant.  Such report shall contain the findings of the Planning Commission with respect to the General Concept Plan.

(i) Within thirty (30) days of receipt of the report and comments from the Planning Commission, the Council shall review the concept plan and provide comment to the proposer as to issues and elements to be addressed if the proposer chooses to proceed to Development Stage PUD.

3. Optional Submission of Development Stage Plan. In cases of single stage PUDs or where the applicant wishes to begin the first stage of a multiple stage PUD immediately, the developer may initially submit Development Stage Plans for the proposed PUD.  In such case, the Planning Commission and Council shall consider such plans, grant or deny Development Stage Plan approval in accordance with the provisions of this Subdivision.

4. Effect of Concept Review. The comments provided by the Planning Commission and Council as to the proposed Concept Plan are intended to assist the developer in preparing subsequent plans, but shall not imply any approval or assurance of action on subsequent Development Stage or Final Stage PUD plans.

C. Development Stage.

1. Purpose. The purpose of the Development Stage Plan is to provide a specific and particular plan upon which the Planning Commission will base its recommendation to the Council and with which substantial compliance is necessary for the preparation of the Final Plan.

2. Submission of Development Stage. The applicant shall file with the Zoning Administrator a Development Stage Plan consisting of the information and submissions required by Subdivision 3, Subparagraph B of this Section for the entire PUD or for one or more stages thereof in accordance with a staging plan approved as part of the Concept Plan.  The Development Stage Plan shall refine, implement and be in substantial conformity with the comments provided as a part of the Concept Plan review.

3. Review and Action by City Staff and Planning Commission. Immediately upon receipt of a completed Development Stage Plan, the Administrator shall refer such plan to the following City staff and/or official bodies for the indicated action:

(a) The City Attorney for legal review of all documents.

(b) The City Engineer for review of all engineering data and the City/Developer Agreement.

(c) The Building Official for review of all building plans.

(d) The Zoning Administrator for review of all plans for compliance with the intent, purpose and requirements of this Chapter and conformity with the General Concept Plan and Comprehensive Plan.

(e) The Planning Commission for review and recommendation to the Council.

(f) When appropriate, as determined by the Zoning Administrator the request shall be referred to the Park and Recreation Committee for review and recommendations.

(g) When appropriate, as determined by the Zoning Administrator to other special review agencies such as the Watershed Districts, Soil Conservation Services, Highway Departments or other affected agencies.

(h) All staff designated in Items (a) through (d) hereof shall submit their reports in writing to the Planning Commission and applicant.

4. Schedule.

(a) Developer meets with the Zoning Administrator and City staff to discuss specific development plans.

(b) The applicant shall file the Development Stage application together with all supporting data and filing fee as established by ordinance.

(c) A technical staff report shall be prepared on the proposed development, and distributed to the Planning Commission and the applicant prior to the meeting.

(d) The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed development.

(e) Planning Commission will make a recommendation to the Council on the Development Stage Plan.

(f) Council reviews all recommendations and approves/denies the plan.

(g) The Zoning Administrator shall instruct the City Attorney to draw up a PUD Agreement which stipulates the specific terms and conditions approved by the Council and accepted by the applicant.  This Agreement shall be signed by the Mayor, City Administrator and the applicant within thirty (30) days of Council approval of the Development Stage Plan.  Where the Development Stage Plan is to be resubmitted or denied approval, the Council action shall be by written report setting forth the reasons for its action.

5. Limitation on Development Stage Plan Approval. Unless a Final Plan covering the area designated in the Development Stage Plan as the first stage of the PUD has been filed within six (6) months from the date Council grants Development Stage Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this Chapter and/or an approved Development Stage Plan, the approval shall expire.  Upon application by the applicant, the Council at its discretion may extend for not more than six (6) months, the filing deadline for any Final Plan when, for good cause shown, such extension is necessary.  In any case where Development Plan approval expires, the Council shall forthwith adopt a resolution repealing the Development Stage Plan approval for that portion of the PUD that has received Final Plan approval and re‑establishing the zoning and other City Code provisions that would otherwise be applicable.

6. Site Improvements. At any time following the approval of a Development Stage Plan by the Council, the applicant may, pursuant to the applicable City Code provisions apply for, and the City Engineer may issue, grading permits for the area within the PUD for which Development Stage Plan approval has been given.

D. Final Plan.

1. Purpose. The Final Plan is to serve as a complete, thorough and permanent public record of the PUD and the manner in which it is to be developed.  It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process.  It shall serve in conjunction with other City Code provisions as the land use regulation applicable to the PUD.  The Final Plan is intended only to add detail to, and to put in final form, the information contained in the Development Stage Plan and shall conform to the Development Stage Plan in all respects.

2. Schedule.

(a) Upon approval of the Development Stage Plan, and within the time established in Item 5 of Subparagraph C of this Subdivision, the applicant shall file with the Zoning Administrator a Final Plan consisting of the information and submissions required in Subdivision 3, Subparagraph C of this Section for the entire PUD or for one or more stages.  This plan will be reviewed and approved or denied by City staff, unless otherwise specified by the Council.

(b) Within thirty (30) days of its approval, the applicant shall cause the Final Plan, or such portions thereof as are appropriate, to be recorded with the County Recorder or Registrar of Titles.  The applicant shall provide the City with a signed copy verifying County recording within forty (40) days of the date of approval.

3. Building and Other Permits. Except as otherwise expressly provided herein, upon receiving notice from the Zoning Administrator that the approved Final Plan has been recorded and upon application of the applicant pursuant to the applicable City Code provisions, all appropriate officials of the City may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Plan provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and City Code provisions in which are applicable to the permit sought, have been satisfied.

4. Limitation on Final Plan Approval. Within one (1) year after the approval of a Final Plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan.  Failure to commence construction within such period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD permit and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of this Chapter, and other City Code provisions, applicable in the district in which it is located.  In such case, the Council shall forthwith adopt an ordinance repealing the PUD permit and all PUD approvals and re‑establishing the zoning and other City Code provisions that would otherwise be applicable.  The time limit established by this Item 4 may, at the discretion of the Council, be extended for not more than one year.

5. Inspections During Development.

(a) Compliance With Overall Plan. Following Final Plan approval of a PUD, or a stage thereof, the Zoning Administrator shall, at least annually until the completion of the development, review all permits issued and construction undertaken and compare actual development with the approved development schedule.

(b) If the Zoning Administrator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the PUD plans as finally approved, he shall immediately notify the Council.  Within thirty (30) days of such notice, the Council shall either by ordinance revoke the PUD permit, and the land shall thereafter be governed by the regulations applicable in the district in which it is located; or shall take such steps as it shall deem necessary to compel compliance with the Final Plans as approved; or shall require the landowner or applicant to seek an amendment of the Final Plan.

SEC. 11.11. ADMINISTRATION; CERTIFICATE OF OCCUPANCY

SEC. 11.11. ADMINISTRATION; CERTIFICATE OF OCCUPANCY.

Subd. 1. Except for farm buildings, no building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Official stating that the building or structure complies with all of the provisions of this Chapter and applicable State Building Code sections.

Subd. 2. Application. Said certificate shall be applied for coincident with the application for a building permit, conditional use permit, and/or variance and shall be issued within ten (10) days after the Building Official shall have found the building or structure satisfactory and given final inspection.  Said application shall be accompanied by a fee as established by ordinance.

 

SEC. 11.12. ADMINISTRATION; INTERIM USE

SEC. 11.12. ADMINISTRATION; INTERIM USE.

Subd. 1. Purpose and Intent. The purpose and intent of allowing interim uses is:

A. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.

B. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.

C. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with their Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

Subd. 2. Procedure.

A. Existing Uses:  Uses defined as interim uses which presently exist as a legal use or a legal non-conforming use within a respective zoning district shall be considered approved and shall be treated as allowed uses.

B. New Uses:  Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by Section 11.07 of this Chapter.

1. The City, an interim use applicant and the property owner shall, in addition to the above procedures, enter into a development contract specifying the date of, or conditions leading to, termination of the interim use.

 

Subd. 3. General Standards. An interim use shall comply with the following:

A. Existing Uses:  Shall be in conformance with zoning and building standards in effect at the time of initial construction and development and shall continue to be governed by such regulations in the future.

B. New Uses:

1. Meets the standards of a conditional use permit set forth in Section 11.07, Subd. 2.D of this Chapter.

2. Conforms to the applicable performance standards of this Chapter.

3. The use is allowed as an interim use in the respective zoning district.

4. The date or event that will terminate the use can be identified with certainty.

5. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future.

6. The City Council may impose additional limitations or requirements as it deems necessary to maintain compatibility and protect the health, safety and general welfare of the public.

7. The user agrees to any conditions that the City Council deems appropriate for permission of the use.

 

Subd. 4 Termination. An interim use shall terminate on the happening of any of the following events, whichever first occurs:

A. The date or occurrence of the termination event stated in the permit.

B. Upon violation of conditions under which the permit was issued.

C. Upon change in the City zoning regulations which renders the use non-conforming.

D. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.

 

SEC. 11.16. NON-CONFORMING BUILDINGS, STRUCTURES AND USES.

SEC. 11.16. NON-CONFORMING BUILDINGS, STRUCTURES AND USES.

Subd. 1. Purpose. It is the purpose of this Section to provide for the regulation of non‑conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non‑conforming buildings, structures and uses will be operated and maintained.  This Chapter establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district.  It is necessary and consistent with the establishment of these districts that non‑conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this Section that all non‑conforming uses shall be eventually brought into conformity.

Subd. 2. Provisions.

A. Any non‑conforming structure or use lawfully existing upon the effective date of this Chapter shall not be intensified, enlarged or reconstructed, but may be continued at the size and in the manner of operation and intensity existing upon such date except as hereinafter specified or subsequently amended.

B. Any proposed structure which will, under this Chapter, become non‑conforming but for which a building permit has been lawfully granted prior to the effective date of this Chapter may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of this Chapter, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years.  Such structure and use shall thereafter be a legally non‑conforming structure and use.

C. Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless specifically allowed by this Section. However, if either of the following conditions apply, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.  The Council may, if specified in this Section, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety.

(1) The nonconformity or occupancy is discontinued for a period of more than one (1) year; or

(2) The nonconformity is destroyed by fire or other peril by more than fifty (50) percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, the Council may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than fifty (50) percent of the required setback from the water is destroyed by fire or other peril to greater than fifty (50) percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.

D. Alterations may be made to a building containing lawful non‑conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or size or volume of the building.

E. Non‑conforming, single family dwelling units may be expanded to improve livability as a conditional use as regulated by Section 11.07 of this Chapter, provided that the non‑conformity is not increased.

F. Nothing in this Chapter shall prevent the reconstruction of a structure in safe condition when said structure is declared unsafe by the Building Official providing the repairs are made in a manner consistent with the requirements of this Section.

G. No non‑conforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted on the effective date of this Chapter unless such movement shall bring the non‑conformance into substantially closer compliance with the requirements of this Chapter.

H. When any lawful non‑conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non‑conforming use.

I. A lawful non‑conforming use of a structure or parcel of land may be changed to lessen the non‑conformity of use.  Once a non‑conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non‑conformity.

J. Non‑conforming, non‑income producing residential units may be expanded to improve livability as a conditional use permit, provided that the non‑conformity of the structure will not be increased.

K. Whenever a lawful non‑conforming use of a structure or land is discontinued for a period of one (1) year, any future use of said structure or land shall be made to conform with the provisions of this Chapter.

L. Nonconformities in floodplains shall be required to comply with regulations necessary to provide safe use and access, and the City shall enforce requirements to ensure the City’s continued qualifications for enrollment in the National Flood Insurance Program.

SEC. 11.17. GENERAL BUILDING AND PERFORMANCE REQUIREMENTS.

SECTION 11.17. GENERAL BUILDING AND PERFORMANCE REQUIREMENTS.

Subd. 1. Purpose. The purpose of this Section is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the City.

Subd. 2. Building Use Restriction.

A. No garage, tent, accessory building or motor home shall at any time be used as living quarters, temporarily or permanently.

B. Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling. Energy conserving designs in housing are not prohibited by this provision of this Chapter, provided that a conditional use permit is approved by the Council and the structure complies with standards imposed by the State and the Uniform Building Code.

C. Tents, play houses or similar structures may be used for play or recreational purposes on a temporary basis when accessory to residential dwellings.

D. No tent, canvas hoop structure, or any other structure not meeting the building code, and/or not complying with the buildings materials requirements of this Chapter, shall be used for any principal or accessory use, unless specifically provided for by this Chapter.

E. Pursuant to the allowances in MN Stat Chapter 462.3593, the City of Buffalo opts out of the provisions of said statute, hereby prohibiting the use of temporary health care dwellings as otherwise authorized. Any accessory dwelling, whether consistent with said statute, or otherwise, shall meet applicable requirements of Buffalo City Code.

Subd. 3. Platted and Unplatted Property.

A. Any person desiring to improve property shall submit to the Building Official a Certificate of Survey of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to insure conformance to City Code provisions.

B. All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City.

C. Except in the case of properties in Shoreland or Floodplain Districts and except where sanitary sewer has not previously been provided to the lot, a lot of record existing upon the effective date of this Chapter in a Residence District, which does not meet the requirements of this Chapter as to area or width may be utilized for single family detached dwelling purposes provided the measurements of such area or width are at least sixty (60) percent of the requirements of this Chapter. This Section is not intended to allow reduction in setbacks and required yards.

D. Except in the case of planned unit developments as provided for in Section 11.10 of this Chapter, not more than one principal building shall be located on a lot. The words “principal building” shall be given their common, ordinary meaning as defined in Section 11.02 of this Chapter, in case of doubt or on any questions or interpretation the decision of the Zoning Administrator shall be final, subject to the right to appeal in accordance with the terms and procedures specified in this Chapter.

E. On a through lot (a lot fronting on two generally parallel streets), both street lines shall be front lot lines for applying the yard and parking setback regulations of this Chapter, unless otherwise specifically provided for in this Chapter.

Subd. 4. Accessory Buildings and Structures.

A. Farm buildings are exempt from the requirements of this subdivision.

B. The total floor area for a detached accessory building and attached garage shall not exceed one thousand two hundred (1,200) square feet on a single family residential lot except by conditional use permit.

C. A garage shall be considered an integral part of the principal building if it is attached to the principal building or is connected to it by a covered passageway. For the purposes of measuring allowable garage space, no Conditional Use Permit for accessory garage size shall be granted that results in the total garage footprint area exceeding the footprint size of the principal residence building. When attached living space is built over attached garage space, living space shall be counted toward the principal residence footprint area, and the garage space shall be counted toward the accessory garage space allowance.

D. Accessory buildings may encroach into the required side and rear yard setbacks applicable to principal buildings, except, however, that no such encroachment may occur on required side yard setbacks abutting street in the case of a corner lot. For detached accessory buildings, the following standards shall apply: See Figure 11.17.4.D below:

1. The accessory building or structure shall not exceed twenty five(25) percent of the rear yard.

2. With the exception of swimming pools, all other accessory buildings and structures in the A-1, R-R and R-1 Districts shall be set back from all adjoining lots a distance equivalent to the height of the accessory building and shall be located at least ten (10) feet away from any other building or structure on the same lot.

3. Swimming pools in the A-1, R-R, and R-1 Districts shall not be located within five (5) feet of any principal structure, frost footing or side or rear yard lot line.

4. In all districts other than A 1, R R and R 1, accessory buildings and structures shall be set back from all adjoining lots a distance equivalent to five (5) feet. Accessory buildings and structures shall be located ten (10) feet away from any other building or structure on the same lot.

5. No accessory building or structure shall be located within a utility easement.

6. Garages having direct access onto an alley shall be set back twenty (20) feet.

6E. Except as expressly permitted by conditional use permit, accessory buildings shall comply with the following height limitations:

1.

Zoning
District
Maximum Height
A-1 20 feet
R-R 20 feet
R-1 20 feet
R-2 15 feet
R-3 15feet
R-4 *10 feet
R-5 15 feet
R-6 15 feet
R-7 15 feet
*R-4 Except garages which shall not exceed 15 feet

2. Accessory buildings in all other zoning districts shall be limited to twenty (20) feet.

F. The same or similar quality exterior building material shall be used in the accessory building and in the principal building. All accessory buildings shall also be compatible with the principal building on the lot. “Compatible” means that the exterior appearance of the accessory building is not at variance with the principal building from an aesthetic and architectural standpoint as to cause: (1) a difference to a degree to cause incongruity as determined by an Architectural Review Board; or (2) a depreciation of neighborhood or adjacent property values.

G. Conditional Use Permits. The height and area limits for accessory buildings may not exceed that allowed in Subparagraphs C, D and E of this Subdivision, except by a conditional use permit. In addition, no permit shall be issued for the construction of more than one accessory building per lot in residential zones except by conditional use permit. Application for a conditional use permit under this Subparagraph shall be regulated by Section 11.07 of this Chapter. Such a conditional use permit may be granted, provided that:

1. There is a demonstrated need and potential for continued use of the structure for the purpose stated.

2. No commercial or home occupation activities are conducted on the property.

3. The building has an evident re use or function related to a single family residential environment in urban service areas or hobby farm environment in non urban service areas of the City.

4. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare.

5. The provisions of Section 11.07, Subdivision 2.D of this Chapter shall be considered and a determination made that the proposed activity is in compliance with such criteria.

H. Outlots. Temporary/seasonal docks shall be allowed upon designated outlots provided that:

1. The outlot is owned by owners of a conforming parcel within the Shoreland/Floodplain District.

2. Only one dock, which may accommodate the storage of two (2) watercraft, is permitted per seventy five (75) feet of lakeshore.

Subd. 5. Drainage Plans.

A. No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of minerals on adjacent properties. Such runoff shall be properly channeled into a storm drain, water course, ponding area, or other public facilities subject to the review and approval of the City Engineer.

B. In the case of all residential subdivisions, multiple family, business and industrial developments, the drainage plans shall be submitted to the City Engineer for his review and the final drainage plan shall be subject to his written approval. In the case of such uses, no modification in grade and drainage flow through fill, erection of retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the City Engineer.

C. Except for written authorization of the Zoning Administrator, the top of the foundation and garage floor of all structures shall be one (1) foot above the grade of the crown of the street.

Subd. 6. Fences. Fences shall be permitted in all yards subject to the following:

A. Permit Required. It is unlawful for any person, except on a farm and related to farming, to hereafter construct or cause to be constructed or erected within the City, any fence without first making an application for and securing a building permit.

B. Locations. All fences shall be located entirely upon the private property of the person constructing, or causing the construction, of such fence and shall be set back two (2) feet from all lot lines unless the owner of the property adjoining agrees, in writing, that such fence may be erected on the division line of the respective properties. The Building Official may require the owner of the property upon which a fence now exists, or may require any applicant for a fence permit to establish the boundary lines of his property by a survey thereof to be made by any registered land surveyor, or other appropriate and effective means.

C. Construction and Maintenance. Every fence shall be constructed in a substantial, workman like manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be constructed in such a way that the more finished side, in the judgement of the Building Official, shall face out, away from the property on which it is located and toward neighboring property or public spaces. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Disrepair shall include, but not be limited to, conditions such as broken or rotted boards or fence portions, posts more than ten (10) percent out of true vertical alignment, peeling paint, or other similar conditions. Any such fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the Zoning Administrator shall commence proper proceedings for the abatement thereof. Link fences, wherever permitted shall be constructed in such a manner, that no barbed ends shall be at the top. Electric fences shall only be permitted in the “A 1″ and “R A” District when related to farming, and on farms in other districts when related to farming, but not as boundary fences. Barbed wire fences shall only be permitted on farms except as hereinafter provided.

D. Solid walls eight (8) feet in height may be constructed and maintained only in the buildable area of a lot only by a conditional use permit.

E. On corner lots, no fence or screen shall be permitted within the triangular area defined as beginning at the intersection of the property line and/or right of line of two (2) intersecting streets, thence thirty (30) feet from the point of beginning on the other property or right of way line, thence to the point of beginning, unless the fence or screening is at least seventy five (75) percent open or less than thirty (30) inches in height above the centerline of the adjoining streets. See Figure 11.17.6.E. as follows:

EF. Residential Fencing and Screening.

1. Except as provided herein, fences shall be at least five (5) percent open for passage of air and light.

2. Except as provided herein, fences outside the buildable area of a lot may not exceed six (6) feet in height.

3. Except as provided herein, fences within the buildable area of a lot or in the case of the rear lot line at least ten (10) feet from the rear lot line, may not exceed eight (8) feet in height.

4. Fences extending across front yards shall not exceed forty-eight (48) inches in height and shall be at least seventy five (75) percent open space for passage of air and light, except that fences which abut public rights-of-way which are designated and constructed as alleys shall not exceed six (6) feet in height, shall be at least five (5) percent open for passage of air and light, and shall be set back from the alley right-of-way a minimum of five (5) feet. All such fences shall conform to Subdivision 8 of this Section. See Figure 11.17.F.6 below:

5. Except as permitted by Subd. 6.F.6 of this Section, yard requirements of through lots defined in Section 11.17, Subd. 3.E also apply to fence requirements, and yards on both streets shall be front yards. See Figure 11.17.F.6 below:

6. On lots where a collector or arterial street abuts their side or rear property line, fences shall be set back from the collector street right of way a minimum of twenty (20) feet and shall not exceed six (6) feet in height. All such fences located on corner lots shall conform to Subd. 6.E of this Section. See Figure 11.17.F.6 below:

(a) Fences in the rear yards of such lots which are less than twenty (20) feet from the right of way shall conform to all other requirements of this Section for fences in front yards.

6aG. Swimming Pool Protection.

1. A permit shall be required for swimming pools constructed below ground level considered to be of permanent construction with a capacity of five thousand (5,000) gallons and/or three (3) feet or more of depth. Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:

(a) The proposed location and its relationship to the other principal buildings on the lot.

(b) The size of the pool.

(c) Fencing and other fixtures existing on the lot, including utility location and trees.

(d) The location, size and types of equipment to be used in connection with the pool, including but not limited to filter unit, pump fencing and the pool itself.

(e) That the requirements contained in Item 2 below will be satisfied.

2. All below ground and above ground pools for which a permit is required and granted shall be provided with safety fencing to prevent uncontrolled access meeting the following standards:

(a) All safety fencing shall be a minimum of four (4) feet in height and be constructed as to completely enclose the pool.

(b) All gates shall be equipped with self-closing, self-latching gates capable of being locked. The latches shall be placed at least three (3) feet above ground.

(c) There shall be no opening in the fence greater than four (4) inches.

(d) There shall be no opening below the fence greater than two (2) inches.

(e) The fence shall be constructed of non-corrosive materials.

(f) The fence shall not be of a readily climbable design, including:

i. No footholds or handholds.
ii. Chain-link fencing shall not exceed 1 1/2″ mesh.

(g) Below-ground pools with an ASTM standard certified pool cover do not require fencing.

3. An above ground swimming pool with sidewalls that are at least four (4) feet high does not require enclosure by a separate fence as long as the pool has a removable or lock-up ladder, gate, or other access entry point. This ladder or access shall be secured or removed to prevent access when the facility is not in use or unattended.

H. Business and Industrial Fencing.

1. Business and industrial fences may be erected up to eight (8) feet in height. Fences in excess of eight feet shall require a conditional use permit.

2. Business and industrial fences with barbed wire security arms shall be erected a minimum of six (6) feet in height (measured without the security arm). The security arm shall be angled in such a manner that it extends only over the property of the permit holder and does not endanger the public.

I. Special Purpose Fences. Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by issuance of a conditional use permit review by the Planning Commission and approved by the Council. Findings shall be made that the fence is necessary to protect, buffer or improve the premises for which the fence is intended, and that there are special conditions present that distinguish the need for a fence that is not consistent with the generally applicable regulations.

Subd. 7. Required Fencing, Screening and Landscaping.

A. Fencing and Screening. Where any business or industrial use (i.e., structure, parking or storage) abuts property zoned for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as defined by this Chapter). All fencing and screening specifically required by this Chapter shall be subject to Subdivision 8 of this Section and shall consist of either a fence or a green belt planting strip as provided for below.

1. A green belt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide complete visual screening to a minimum height of six (6) feet. Earth mounding or berms may be used but shall not be used to achieve more than three (3) feet of the required screen. The planting plan and type of plantings shall require the approval of the Council.

2. A required screening fence shall be constructed of masonry, brick, wood or metal. Such fence shall provide a solid screening effect six (6) feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the Council. Fences in excess of six (6) feet in height shall require approval of the Zoning Administrator and the Building Official.

B. Landscaping; General Residential. The lot area remaining after providing for off street parking, off street loading, sidewalks, driveways, building site and/or other requirements shall be landscaped using ornamental grass, shrubs, trees or other acceptable vegeta¬tion or treatment generally used in landscaping within one (1) year following the date of building occupancy. Fences or trees placed upon utility easements are subject to removal if required for the maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall not exceed twenty (20) feet in height. (The planting of large trees is not recommended under overhead wires).

C. Landscaping; New Residential Subdivision, Semi Public and All Income Producing Property Uses. (Excluding residential structures containing less than four dwelling units). Prior to approval of a building permit, all above referenced uses shall be subject to mandatory landscape plan and specification requirements. Said land¬scape plan should be developed with an emphasis upon the following areas: (1) the boundary or perimeter of the proposed site at points adjoining other property and the immediate perimeter of the structure; (2) all landscaping incorporated in said plan shall conform to the following standards and criteria:

1. All plants must at least equal the following minimum size:

Potted/Bare Root Balled & Burlapped
Shade Trees* 2 inch diameter 2 inch diameter
Half Trees (Flowering Crabs, Russian Olive, Hawthorn, etc.) 6-7 feet 1½ inch diameter
Evergreen Trees —— 3-4 feet
Tall Shrubs & Hedge
Materials (Evergreen or Deciduous)
3-4 feet 3-4 feet
Low Shrubs:
Deciduous
Evergreen
Spreading Evergreen
18-24 inch
18-24 inch potted
18-24 inch potted
24-30 inch
24-30 inch
18-24 inch
* Type and mode are dependent upon time of planting season, availability, and site conditions (soils, climate, ground water, manmade irrigation, grading, etc.)

2. Spacing.

(a) Plant material centers shall not be located closer than three (3) feet from the fence line or property line and shall not be planted to conflict with public plantings based on the judgment of the City staff.

(b) Where plant materials intended to provide screening are planted in two (2) or more rows, plantings shall be staggered in rows unless otherwise approved by the City staff.

(c) Deciduous trees shall be planted not more than forty (40) feet apart.

(d) Where massing of plants or screening is intended, large deciduous shrubs shall not be planted more than four (4) feet on center, and/or, evergreen shrubs shall not be planted more than three (3) feet on center.

3. Types of New Trees. Plantings, suitable trees include:

• Oak – Quercus (Varieties)
• Norway Maple (and Schwedler, Emerald Queen, etc.) – Acer platanoides (and Varieties)
• Sugar Maple – Acer saccharum
• Hackberry – Celtis accidentalis
• Birch – Betula (Varieties)
• Honeylocust (Imperial, Majestic Skyline, Sunburst & Thornless) – Gleditsia Triacanthos)
• Linden Varieties – Tilia Varieties
• Ginkgo – Ginkgo biloba (male tree only)
• Kentucky Coffee Tree – Gymnocladus dioicus

Other species may be acceptable as approved by the Zoning
Administrator.

4. Design.

(a) The landscape plan must show some form of designed site amenities, (i.e., composition of plant materials, and/or creative grading, decorative lighting, exterior sculpture, etc., which are largely intended for aesthetic purposes).

(b) All areas within the property lines (or beyond, if site grading extends beyond) shall be treated. All exterior areas not paved or designated as roads, parking or storage, must be planted into ornamental vegetation (lawns, ground covers or shrubs) unless otherwise approved by the Zoning Administrator.

(c) Turf slopes in excess of 3:1 are prohibited.

(d) All ground areas under the building roof overhang must be treated with a decorative mulch and/or foundation planting.

(e) All buildings must have an exterior water spigot to insure that landscape maintenance can be accomplished. In addition, all multi-family, commercial, institutional, and industrial developments shall utilize in-ground irrigation for all landscaped areas, unless specifically approved by the Zoning Administrator based on a demonstration that the design and materials used will not need regular irrigation.

(f) Quantities. Minimum landscape quantities shall be listed in the individual zoning districts.

5. Landscape Guarantee. All new plants shall be guaranteed for two (2) full years from the time planting has been completed. All plants shall be alive and in satisfactory growth at the end of the guarantee period or be replaced.

6. Existing Trees. With respect to existing trees in new developments, all trees on the site are to be saved which do not have to be removed for street, buildings, utilities, drainage or active recreational purposes. Trees over six (6) inches in diameter that are to remain, are to be marked with a red band, and to be protected with snow fences or other suitable enclosure, prior to any excavation. The City may further require that the developer retain a professional forester to prepare a forest inventory and management plan for the development, in order to control and abate any existing or potential shade tree disease.

7. Tree Replacement. When more than fifty (50) percent of the existing tree crown cover is proposed to be removed to accommodate development, the owner and/or developer shall be required to prepare a tree replacement plan. Such plan shall provide that replacement trees are to be planted at a rate of one (1) caliper inch of planting for each one (1) caliper inch of tree removal, up to a maximum required replacement planting of forty (40) caliper inches per acre of planting for all trees removed above the fifty (50) percent removal threshold. The tree crown cover shall be measured by the Zoning Administrator utilizing the maximum tree crown cover shown by aerial photography at any time in the last five (5) years.

D. Mechanical Equipment. All mechanical equipment such as air conditioning units, etc., erected on the roof of any structure, shall be screened so as not to be visible from the property line when abutting neighboring private property, or from the center line of any abutting public street.

Subd. 8. Traffic Visibility. On corner lots in all districts, no structure or planting in excess of thirty (30) inches above the street center line grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected property lines of two intersecting streets, thence thirty (30) feet from the point of beginning on the other property line, thence to the point of beginning.

Subd. 9. Glare. Any lighting used to illuminate an off street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare light sources shall not be permitted in view of adjacent property or public right of way. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the right of way line of said street. Any light or combination of lights which cast light on neighboring commercial or industrial property shall not exceed one (1) foot candle (meter reading) as measured at the property line. Any light of combination of lights adjacent to neighboring residential or property other than commercial or industrial shall be designed to have a zero (0) foot candle meter reading at the property line.

Subd. 10. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Ambient Air Quality Standards, Minnesota Rules, Chapter 7009, as amended. Outdoor wood-burning furnaces shall not be allowed within the City limits. The burning of combustible materials outside of the principal building shall only be allowed in accordance with the recreational fires requirements of the City Code.

Subd. 11. Dust and Other Particulated Matter. The emission of dust, fly ash or other particulated matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Ambient Air Quality Standards, Minnesota Rules, Chapter 7009, as amended.

Subd. 12. Odors. The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Ambient Air Quality Standards, Minnesota Rules, Chapter 7009, as amended.

Subd. 13. Noise. Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Noise Pollution Control Standards, Minnesota Rules, Chapter 7030, as amended.

Subd. 14. Refuse.

A. Removal.

1. Passenger automobiles and trucks not currently licensed by the State, or which are because of mechanical deficiency incapable of movement under their own power, parked or stored outside for a period in excess of thirty (30) days, and all materials stored outside in violation of City Code provisions are considered refuse or junk and shall be disposed of.

2. Any accumulation of refuse on any premises not stored in containers which comply with City Code provisions, or any accumulation of refuse on any premises which has remained thereon for more than one week is hereby declared to be a nuisance and may be abated by order of the Health Officer, as provided by Minnesota Statutes, Chapter 145A as may be amended, and the cost of abatement may be assessed on the property where the nuisance was found, as provided by law.

3. Waste resulting from the handling, storage, sale, preparation, cooking and serving of foods with insufficient liquid content to be free flowing is called garbage. The storage and removal of this refuse must meet the provisions of the City Code.

B. Location and Screening.

1. All refuse and refuse handling equipment including, but not limited to charitable donation boxes, garbage cans and dumpsters shall be stored within the principal structure, within an accessory building, or totally screened from eye level view for all uses, except for the following:

(a) detached single family residences;
(b) double bungalows and duplexes;
(c) all other residential structures with four dwelling units or less.

2. Screening shall be at least six (6) feet in height and provide a minimum opaqueness of eighty (80) percent at the time of construction or planting. Accessory structures shall comply with minimum setback requirements, and shall be constructed of materials similar to those of the principal building. Attached trash enclosed are preferred, and no trash handling areas shall be permitted where they would be visually prominent or obstruct traffic visibility. All dumpsters and trash handling equipment shall be kept in a good state of repair with tight fitting lids to prevent spilling of debris.

3. For public health purposes, uses existing on the effective date of this Chapter shall come into compliance at the time of the grant of any building permit or zoning permit on the property.

Subd. 15. Outside Storage. Residential, Commercial and Industrial Uses.

A. All outside storage of materials and equipment for residential uses (excluding farms) shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following:

1. Clothes line pole and wire.

2. Not more than two (2) recreational vehicles and equipment.

3. Construction and landscaping material currently being used on the premises.

4. On and off street parking of currently registered and operable passenger vehicles and trucks not exceeding a gross weight of twelve thousand (12,000) pounds.

5. Lawn furniture or furniture used and constructed explicitly for outdoor use.

6. Rear or side yard exterior storage of firewood for the purpose of consumption only by the person or persons on whose property it is stored.

B. Only when specifically allowed by district use provisions, outside storage of equipment, materials and inventory as a principal or accessory use for commercial and industrial uses shall require a conditional use permit subject to the provisions of Section 11.07 of this Chapter and all non residential outside storage shall conform to the following conditions in addition to all conditions imposed by the applicable zoning district:

1. The area occupied is not within a required front or required side yard.

2. The storage area is totally fenced, fully screened and landscaped according to a plan approved by the Zoning Administrator and a landscape guarantee as determined by the Zoning Administrator is provided.

3. If abutting an R District or use, screening and landscaping is provided according to a plan approved by the Zoning Administrator.

4. The storage area is grassed or hard surfaced to control dust. Should a grassed surface prove to be unmaintainable, the City shall require that a hard surface be installed within three months of formal written notice to the property owner.

5. 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 Subdivision 9 of this Section.

6. The storage area does not encroach upon required parking space, required loading space, or snow storage area as required by this Chapter.

7. A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the City Engineer.

8. A site plan documenting the location of the storage operation shall be submitted and shall be subject to the approval of the City Fire Chief.

9. The storage area shall, at all times, be kept in a neat and orderly condition to ensure the health and safety of employees, visitors, and emergency services personnel.

C. Temporary Transient Produce Stands/ Operations. Produce stands are structures for the display and sale of locally grown agricultural products. All produce stands shall be required to obtain a temporary permit, the cost of which shall be set by resolution. The Zoning Administrator shall have the authority to issue said permit to operations located in “B”, Business Districts, provided the produce stand conforms to the following criteria:

1. Such structures shall not exceed two hundred fifty (250) square feet in floor area and shall have no space for customers within the structure.

2. Structures shall be located so as to provide safe ingress and egress from public roads.

3. Each stand will be permitted no more than two (2) signs, one flat wall sign not to exceed sixteen (16) square feet, and one freestanding sign not to exceed thirty-two (32) square feet in area. All signs must be no closer than five (5) feet to any property line.

4. All stands and related structures shall be considered seasonal or temporary in nature, and shall be removed at the end of the produce season consistent with the requirements and conditions of the stand’s temporary permit, the date to be specified in the permit.

5. All applications for permits must be accompanied by a site plan showing the proposed location of the stand, parking areas, entrances to property from adjacent route(s) and proposed sign location(s).

6. All such produce stands shall be operated in accordance with any conditions set forth in the permit, as well as all applicable State and/or local health regulations.

7. Written consent of property owner must accompany permit application.

8. Produce stands shall not be allowed on public property.

9. Violation of any of these regulations, or other conditions of the permit, shall constitute cause for immediate revocation of the permit, and removal of the structure per conditions set forth herein.

10. In the event a structure used as a produce stand is not removed by the end of the produce season, per the date specified in the permit, the structure may be removed at the direction of the Zoning Administrator, after seven (7) days’ notice to the land owner. The expenses of such removal shall be the responsibility of the land owner.

Subd. 16. Sewage Disposal.

A. Once available, all property, other than existing single family dwellings, which are developed and utilizing on site sewage disposal systems shall be connected to the public sanitary system within two years. “Available” shall mean public sanitary sewer mains are installed where such utility is within three hundred (300) feet of the property in question. For existing single family dwellings, connection shall be required within ten (10) years when the property is served by an on-site sewage disposal system which has been certified as fully compliant with current regulations, and which remains in compliance. However, no new on-site sewage disposal systems shall be installed or reconstructed for any property when public sanitary sewer is “available”.

B. The installation of on site sewage treatment systems shall be in conformance with the provisions of the State Uniform Building Code, and shall only be permitted where sanitary sewer is not available.

Subd. 17. Waste Material. Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system or any public water body, but shall be disposed of in a manner approved by the Minnesota State Fire Marshal, the Pollution Control Agency, and the Department of Natural Resources.

Subd. 18. Bulk Storage (Liquid).

A. All uses associated with the bulk storage (liquid) dispensing of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with the requirements of the Minnesota State Fire Marshal’s, Minnesota Department of Agriculture Offices, Minnesota Pollution Control Agency and have documents from those offices stating the use is in compliance and also in conformance with each of the following:

1. That the bulk storage/dispensing of fuel shall be required to meet each of the following requirements, and shall be installed only in those districts which specifically allow the use:

(a) That the use is an accessory use to a permitted or conditional principal use in that district for which it is located and subject to all applicable zoning district requirements.

(b) That the provisions of Section 11.07, Subd. 2, are considered satisfactorily met.

(c) That any pollution or damage caused by the tank is the responsibility of the property owner on which the tank is located.

(d) Lightning Protection. Each tank shall be protected against natural lightning strikes in conformance with the National Electrical Code as adopted by the City.

(e) Compliance with National Electrical Code. Storage tanks, electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the City.

(f) A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the City Engineer.

2. The below ground storage of fuel as an accessory use shall be prohibited in all districts except may be allowed by conditional use permit in the B 3, B 4, B 5, B C, I 1, I 2, and I 4 Districts, provided each of the following criteria are met:

(a) That all requirements as outlined in this Subparagraph A are complied with.

3. The above ground storage/dispensing of fuel facilities shall be prohibited in all districts except in the A 1 District by conditional use and limited to one tank per property, provided each of the following criteria are met:

(a) That all requirements as outlined in this Subparagraph A are complied with.

(b) That the use is only for vehicles associated with the principal use and shall not be used for commercial retail sales.

(c) That the use shall be setback from all property lines in compliance with the district provisions for which it is located in and that the area is not within a required front or required side yard.

(d) That the use shall not be located closer than 250 feet from a residentially used property.

(e) That the area shall be improved with containment and spillage control as required by the Fire Chief and any applicable laws.

(f) 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 properties and shall be in compliance with Subd. 9 of this Section.

(g) The storage area does not encroach upon required parking space.

(h) That the storage areas shall be totally fenced, fully screened and landscaped according to a plan approved by the Zoning Administrator.

B. Farm operations as defined in this Chapter are exempt from the provisions of this Section.

Subd. 19. Radiation Emission. All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency.

Subd. 20. Electrical Emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.

Subd. 21. Bus Shelter and Bus Benches. The erection or placement of bus shelters and covered bus benches in the public right of way shall require a permit from the Zoning Administrator. Such placements shall contain no advertising, but may include a plaque with the name of the donor up to one-half (1/2) of one square foot in area mounted on the structure.

SEC. 11.18. GENERAL YARD, LOT AREA AND BUILDING REGULATIONS.

SEC. 11.18.  GENERAL YARD, LOT AREA AND BUILDING REGULATIONS.

Subd. 1.  Purpose.  This Section identifies yard, lot area, building size, building type, and height requirements in each zoning district.

Subd. 2.  Usable Open Space.  Each multiple family dwelling site shall contain at least five hundred (500) square feet of usable space as defined in Section 11.02 of this Chapter for each dwelling unit contained thereof.

Subd. 3.  Height. The building height requirements in subp. 3.A through 3.C. of this Subdivision shall apply to residential, business and industrial districts, as shown in Figure 11.18.3, as follows:

Districts Height Maximum Exceptions
A-1, R-R, R-A, R-1, R-2, R-3, R-4, R-MH, B-2 25 feet or 2.5 stories, whichever comes first School buildings reach up to 60 ft
R-5, R-6, R-7, R-B, B-3, B-4, B-5, B-W, I-I 35 feet or 3 stories, whichever comes first None
I-2 45 feet or 4 stories, whichever comes first None

Sub3A.  Except for farm buildings and school buildings, no structure in the “A‑1”, “R‑R”, “R-A”, “R-1”, “R‑2”, “R‑3”, “R‑4”, “R‑MH”, and “B‑2” Districts shall exceed two and one‑half stories or twenty‑five (25) feet, whichever is least.  In these Districts, school buildings may not exceed sixty (60) feet in height.

B. No structure shall exceed three (3) stories or thirty‑five (35) feet, whichever is least, in the “R‑5”, “R‑6”, “R‑7”, “R‑B”, “B‑3”, “B‑4”, “B‑5”, “B‑W” or “I‑1” Districts.

C. No structure shall exceed four (4) stories or forty‑five (45) feet in the “I‑2” District.

D.  Building heights in excess of these above noted standards may be permitted through a conditional use permit provided that:

1.  The site is capable of accommodating the increased intensity of use.

2.  The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets.

3.   Public utilities and services are adequate.

4.  For each additional story over three (3) stories or for each additional ten (10) feet above forty (40) feet, front and side yard setback requirements shall be increased by five (5) percent.

5.   The increased height is not in conflict with airport zoning regulations.

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

E.  The building height limits established herein for districts shall not apply to the following:

1.   Belfries.

2.   Chimneys or flues.

3.   Church spires.

4.   Cooling towers.

5.   Cupolas and domes which do not contain usable space.

6.   Elevator penthouses.

7.   Flag poles.

8.   Monuments.

9.   Parapet walls extending not more than three (3) feet above the limiting height of the building.

10.   Poles, towers and other structures for essential services.

11.   Necessary mechanical and electrical appurtenances.

12.   Farming buildings.

13.   Wind energy conversion system towers as regulated by Section 11.31 of this Chapter.

F. No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than twenty‑five (25) percent of the area of such roof nor exceed ten (10) feet in height above the structure on which it is mounted unless otherwise allowed by this Chapter.

Subd. 4.  Building Type and Construction.

A. No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish such as corten steel shall be permitted in any zoning district, except in association with farming activities.

B.  Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to insure that they will not adversely impact the property values of the abutting properties or adversely impact the public health, safety, and general welfare.

C.  Exterior building finishes shall consist of materials comparable in grade and quality to the following:

1.  Brick.

2.  Natural stone.

3.  Decorative concrete block.

4.  Cast in place concrete or precast concrete panels.

5.  Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, cypress.

6.  Curtain wall panels of steel, fiberglass and aluminum (nonstructural, non-load bearing), provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design.

7.  Glass curtain wall panels.

8.  Stucco or similar finish, such as Exterior Insulated Finish System (EIFS).

D.  “B” Business Districts. In all the “B”, Business Zoning Districts of the City, any exposed metal or fiberglass finish on all buildings shall be limited to no more than twenty five (25) percent of any individual wall if it is coordinated into the architectural design. Masonry (brick, stone, or decorative concrete), glass, stucco, or composite stucco material such as “EFIS”, shall comprise no less than seventy-five (75) percent of each wall of the building.  Any roof that that is less than 4:12 slope must include a parapet wall screening the slope from view of any neighboring property or public right of way.  A developer may request a review of alternative materials or design by seeking comment from the Planning Commission at a public hearing, and approval by the City Council, following the process for a Conditional Use as regulated by Section 11.07 of this Chapter. Such alternative shall demonstrate distinctive architectural design and be consistent with, or exceed, the quality of other conforming buildings in the area.

E.  “I” Industrial Districts.

1.  In the “I” Districts, 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 concrete panels on all wall surfaces.  The required wall surface treatment may allow a maximum of fifty (50) percent of the metal or fiberglass wall to remain exposed if it is coordinated into the architectural design.

2.  The City may grant a deferment to a developer of industrial metal buildings or building additions from the exterior wall design requirements of Item 1 of this Subparagraph E, when the building or building addition will be constructed in more than one phase.

(a)  The deferment shall be until the second construction phase is completed or five (5) years, whichever is less.

(b)  The developer shall provide the City with an irrevocable letter of credit for an amount one and one‑half (1.5) the estimated cost of the required exterior wall treatment.  The bank and letter of credit shall be subject to the approval of the City Attorney.  The letter of credit shall secure compliance with this Section of the Zoning Chapter.

3.  The City may grant an exemption to Item 1 of this Subparagraph E, when it is determined that the building character of an area would be more appropriately served by a different standard.  Such a determination shall be based upon the following considerations:

(a)  The established character of existing buildings in the immediate area.

(b)  The Planning Commission reviews the proposal at a public hearing, and City Council considers the item according to the process for Conditional Uses in Section 11.07 of this Chapter.

Subd. 5.  Yards. No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this Chapter, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced.  No required open space provided about any building or structure shall be included as a part of any open space required for another structure.

A.  The following shall not be considered as encroachments on yard setback requirements:

1.  Chimneys, flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like provided they do not project more than two (2) feet into a yard.

2.  In front and side yards:

(a) Terraces, steps, uncovered porches or patios, stoops, or similar features provided they do not extend above the height of the ground floor level of the principal structure nor more than one (1) foot above the natural grade, whichever is less, nor to a distance less than two (2) feet from any lot line.

(b) A vestibule for weather protection for an exterior entrance, provided such vestibule extends no more than five (5) feet into the setback area, covers no more than forty (40) square feet of encroachment, and is not closer than three (3) feet from any lot line.  Such vestibule shall not be considered when calculating setback averaging in Subd. 5.B. of this Section.

3.  In rear yards:  recreational and laundry drying equipment, arbors, and trellises, balconies, breezeways, open porches and decks, detached outdoor living rooms such as gazebos, garages, and air conditioning or heating equipment, provided they are at a distance of at least five (5) feet from the rear or side lot line.

4.  A cantilevered extension may extend from the principal building into the required front, side, or rear yard up to a maximum encroachment of two (2) feet and a maximum exterior area of twenty (20) feet, for the purpose of permitting such features as bay windows or other similar building features.  Said encroachment shall be cantilevered, and shall not have footings or foundation supporting the encroachment within the required setback area.

B.  Where adjacent structures have front yard setbacks different from those required, the minimum front yard setback shall be the average setback of such adjacent structures.  If only one adjacent lot is occupied by a structure, the minimum front yard shall be the average of the required setbacks and the setback of such adjacent structure.  In no case shall the setback requirement exceed the minimum established for the respective zoning district.  See Figure 11.18.5.B as follows:

B C.    Wetland Buffer Zone. Except for fences and recreational equipment, no building, structure, paved surface, or use shall be located within a buffer zone around any wetland.  Said buffer zone shall be equal to the building setback as required by the zoning district and yard area in which the wetland is located, however, in no case shall the buffer zone be reduced to a distance of less than twenty (20) feet.  Said buffer zone shall be left in its natural vegetative state where practicable.  If disturbed, the buffer zone shall be replanted with natural vegetation, or landscaped with ornamental trees, shrubs, and/or grass.

Subd. 6.  Minimum Floor Area Per Dwelling Unit.

A.  Single Family Dwelling Units.  EExcept as otherwise specified in the zoning district provisions, single family homes as classified below shall have the following minimum floor areas per unit.

Two Bedroom               960 square feet above grade

Three Bedroom            1040 square feet above grade

 

B.  Multiple Dwelling Units.  Except for elderly housing, living units classified as multiple dwelling shall have the following minimum floor areas per unit:

Efficiency Units             500 square feet

One Bedroom Units            700 square feet

Two Bedroom Units            800 square feet

More than two bedroom units       An additional 80 square feet for each additional bedroom.

 

C.  Elderly (Senior Citizen) Housing.  Living units classified as elderly (senior citizen) housing units shall have the following minimum floor areas per unit:

Efficiency Units             440 square feet

One Bedroom                  520 square feet

 

D.  Double Bungalows, Quadraminiums and Townhouses.  Except as otherwise specified in the zoning district provisions, double bungalows, quadraminiums and townhouses, as classified below, shall have the minimum floor area per one bedroom unit:

Double Bungalow-       650 square feet first floor above grade, plus 100 additional square feet for each additional bedroom.

Quadraminiums and Townhouses-          600 square feet first floor above grade, plus 100 additional square feet for each additional bedroom.

 

Subd. 7.  Efficiency Apartments.  Except for elderly (senior citizen) housing, the number of efficiency apartments in a multiple dwelling shall not exceed twenty‑five (25) percent of the total number of apartments.  In the case of elderly (senior citizen) housing, efficiency apartments shall not exceed thirty (30) percent of the total number of apartments.

Subd. 8.  Minimum Floor Area; Commercial and Industrial Structures. Commercial and industrial buildings (principal structure) which are to be less than one thousand (1,000) square feet of floor area may only be allowed upon approval of a conditional use permit as provided for in Section 11.07 of this Chapter.

Subd. 9.  Minimum Lot Area Per Unit.  The lot area per unit requirement for two family, townhouses, apartments and planned unit developments shall be calculated on the basis of the total area in the project and as controlled by an individual and joint ownership.

One Family            (as specified in zoning district provisions)

Two Family             7,500 square feet

Townhouse andQuadraminium          5,000 square feet

Multiple Family        2,500 square feet

Elderly Housing          500 square feet

 

Subd. 10.  Townhouse, Quadraminium, Apartments.

A.  No single townhouse structure shall contain more than eight (8) dwelling units.

B.  Minimum unit lot frontage for townhouses shall be not less than twenty-eight (28) feet.

C.  Townhouses, quadraminiums and multiple family units intended for owner occupancy shall be subdivided on an individual unit basis according to the provisions of Section 11.10, Subdivision 2 of this Chapter or under Minnesota Condominium Act, Chapter 515 et seq.

Subd. 11.  Subdivision of Two Family or Quadraminium Lots.  The subdivision of base lots containing two family dwellings or quadraminiums to permit individual private ownership of a single dwelling within such a structure is acceptable upon the approval by the Council.  Approval of a subdivision request is contingent on the following requirements:

A.  Prior to a two family dwelling or quadraminium subdivision, the base lot must meet all the requirements of the zoning district.

B.  The following are minimum unit lot requirements for two family and quadraminium subdivisions where the City sewer or water systems are available:

  1. Lot Area Per Dwelling Unit:

(a)   Two Family Dwelling:  7,500 square feet

(b)   Quadraminium:  5,000 square feet

  1. Lot Width: Fifty (50) feet.
  1. Setbacks:

    (a)   Front Yard:  Thirty (30) feet.

(b)   Rear Yard:  Thirty (30) feet.

(c)   Side Yard Adjacent to Another Lot:  Ten (10) feet**.

(d)   Side Yard Adjacent to Street:  Twenty (20) feet.

** Side yard setback is not applicable where structure has a shared wall(s) as in the case of two family dwellings and quadraminiums.

C.  There shall be no more than one principal structure on a base lot in all residential districts.  The principal structure on unit lot created in a two family or quadraminium subdivision will be the portion of the attached dwelling existing or constructed on the platted unit lots.

D.  Permitted accessory uses as defined by the zoning districts are acceptable provided they meet all the zoning requirements.

E.  A property maintenance agreement must be arranged by the applicant and submitted to the City Attorney for his review and subject to approval.  The agreement shall ensure the maintenance and upkeep of the structure and the lots to meet minimum City standards.  The agreement is to be filed with the Wright County Recorder’s office as a deed restriction against the title of each unit lot.

F.  Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the City Engineer.

G.  The subdivision is to be platted and recorded in conformance to requirements of the Subdivision Chapter of the City Code.

Subd. 12.  Minimum Lot Area, Unsewered Lots.  Lot sizes where public sewer is not available shall conform to the minimum requirements set forth below.

A.  The minimum single family lot size is five (5) acres unless otherwise specified in the zoning district.  This minimum lot size shall not apply to smaller separate parcels of record in separate ownership lawfully existing prior to January 1, 1985, provided that it can be demonstrated by means satisfactory to the City that the smaller parcels will not result in groundwater, soil or other contamination which may endanger the public health.

B.  Apartments and multiple family dwellings are not allowable uses.

C.  Subject to other provisions of this Chapter, other uses may be permitted by conditional use permit when such use is allowed in the applicable zoning district.  The minimum lot size for each principal use is five (5) acres.  A conditional use permit shall not be granted unless it can be demonstrated by means satisfactory to the City that the use:

1.  Will not result in groundwater, soil or other contamination which may endanger the public health.

2.  Will not increase future City utility service demands and expense.

3.  Will not jeopardize public safety and general welfare.

4. No public sanitary sewer system is available to the property, and is not planned to be available within the next twelve (12) months.

Subd. 13.  Single Family Dwellings.  All single family detached homes except in the “R-MH” District shall:

A.  Be constructed upon a continuous perimeter foundation that meets the requirements of the State Uniform Building Code.

B.  Not be less than thirty (30) feet in length and not less than twenty‑two (22) feet in width over that entire minimum length.  Width measurements shall not take account of overhang and other projections beyond the principal walls.  Dwellings shall also meet the minimum floor area requirements as set out in this Chapter.

C.  Have an earth covered, composition, shingled or tiled roof, or utilize another roof material and design approved for residential uses as determined by the zoning administrator.

D.  Receive a building permit.  The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used.  The exterior architectural design of a proposed dwelling may not be so at variance with, nor so similar to, the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor so at variance with the character of the surrounding neighborhood as to cause a significant depreciation in the property values of the neighborhood or adversely affect the public health, safety or general welfare.

E.  Meet the requirements of the State Uniform Building Code or the applicable Manufactured Housing Code.

Subd. 14.  Building Relocation.

A.  The relocation of any building or structure on a lot or onto another lot within the City shall be subject to review and approval through a conditional use permit.

B.  Upon relocation, the building shall comply with the applicable requirements of the State Uniform Building Code.

C.  The proposed relocated building shall comply with the character of the neighborhood in which it is being relocated as determined by an Architectural Review Board.

D.  The relocated use will not result in a depreciation of neighborhood or adjacent property values.

E. An applicant for a building relocation conditional use permit shall provide a proposed route and time for the moving operation.

F. An applicant for a building relocation conditional use permit shall coordinate with the building inspector to verify building code compliance requirements prior to the relocation.

 

 

SEC. 11.19. OFF-STREET PARKING REQUIREMENTS

SEC. 11.19. OFF-STREET PARKING REQUIREMENTS.

Subd. 1. Purpose. The regulation of off‑street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right‑of‑way and to promote the safety and general welfare of the public, by establishing minimum requirements for off‑street parking of motor vehicles in accordance with the utilization of various parcels of land or structures.

Subd. 2. Application of Off-Street Parking Regulations. The regulations and requirements set forth herein shall apply to all off‑street parking facilities in all of the zoning districts of the City.

Subd. 3. Site Plan Drawing Necessary. All applications for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off‑ street parking and loading spaces in compliance with the requirements set forth in this Section.  All site plans for single family homes must provide for location and construction of a two stall garage.  As noted elsewhere in this Chapter, garage location that will accommodate a three stall garage is encouraged on single family parcels. See Figure 11.19.3 as follows:

sub3 - siteSubd. 4. General Provisions.

A. Floor Area. The term “floor area” for the purpose of calculating the number of off‑street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, minus ten (10) percent, except as may hereinafter be provided or modified.  In the alternative, the parking demand may be calculated based on the net usable space without a ten (10) percent reduction, excluding mechanical rooms, stairwells, and restrooms.  The City may apply whichever calculation appears to be most applicable to the use and building in question.

B. Reduction of Existing Off-Street Parking Space or Lot Area.  Off‑street parking spaces and loading spaces or lot area existing upon the effective date of this Chapter shall not be reduced in number or size unless said number or size exceeds the requirements set forth herein for a similar new use.

C. Non-Conforming Structures. Should a non‑conforming structure or use be damaged or destroyed by fire, it may be re‑established if elsewhere permitted in these zoning regulations, except that in doing so, any off‑street parking or loading space which existed before shall be retained.

D. Change of Use or Occupancy of Land. No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations.

E. Change of Use or Occupancy of Buildings. Any change of use or occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations.

F. On and off‑street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles; no more than one (1) truck not to exceed gross capacity of twelve thousand (12,000) pounds; and recreational vehicles and related trailers on which such vehicles are kept.  Under no circumstances shall outdoor parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishments, except that a resident of the property may park one (1) company vehicle in a legal parking space that is in compliance with the requirements of this paragraph, and which the resident utilizes as a personal vehicle.

G. Calculating Space.

1. When determining the number of off‑street parking spaces results in a fraction, each fraction of one‑half (1/2) or more shall constitute another space.

2. In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty‑two (22) inches of such seating facilities shall be counted as one seat for the purpose of determining requirements.

3. Except as provided for under joint parking and shopping centers, should a structure contain two or more types of use, each use shall be calculated separately for determining the total off‑street parking spaces required.

H. Stall, Aisle and Driveway Design.

1. Parking Space Size. Except for handicapped parking spaces, each parking space shall be not less than eight and one‑half (8‑1/2) feet wide and twenty (20) feet in length exclusive of access aisles, and each space shall be served adequately by access aisles.

2. Within Structures. The off‑street parking requirements may be furnished by providing a space so designed within the principal building or one structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off‑street parking provisions of this Chapter.

(a) Garages shall be constructed to be no less than twenty-one (21) feet in interior width, and no less than four hundred fifty (450) square feet of interior floor area.

(b) Single Family, two family, townhouse, and quadraminium dwellings shall be constructed with at least two (2) garage spaces.

3. Except in the case of single, two family, townhouse and quadraminium dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley.  Except in the case of single, two family, townhouse and quadraminium dwellings, parking area design which requires backing into the public street is prohibited.

4. The required parking spaces serving single family dwellings in the “R‑2” and “R-3” Districts may be designed for parking not more than two (2) vehicles in a tandem arrangement for each dwelling unit in order to comply with the requirements of this Chapter.

5. No curb cut access shall be located less than forty (40) feet from the intersection of two (2) or more street rights‑of‑way.  This distance shall be measured from the intersection of lot lines.

6. Except in the case of single family, two family, townhouse and quadraminium dwellings, parking areas and their aisles shall be developed in compliance with the standards on the Parking Lot Dimensions Table.

7. No curb cut access shall exceed twenty‑four (24) feet in width unless approved by the City Engineer.

8. Except with special approval from the Zoning Administrator, curb cut openings shall be a minimum of five (5) feet from the side yard property line in all districts.

9. Driveway access curb openings on a public street except for single, two family, quadraminium and townhouse dwellings shall not be located less than forty (40) feet from one another.

10. The grade elevation of any parking or driveway area shall not exceed ten (10) percent.

11. Each property shall be allowed one curb cut access for each one hundred twenty-five (125) feet of street frontage.  All property shall be entitled to at least one curb cut.  Single family uses shall be limited to one curb cut access per property unless a conditional use permit is reviewed by the Planning Commission and approved by the Council.

12. Surfacing. All areas intended to be utilized for parking space and driveways shall be surfaced with asphalt or concrete.  Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the City Engineer for his review and the final drainage plan shall be subject to his written approval.

13. Striping. Except for single, two family, townhouse and quadraminiums, all parking stalls shall be marked with white or yellow painted lines not less than four (4) inches wide.

14. Lighting. Any lighting used to illuminate an off‑street parking area shall be so arranged as to be in compliance with Section 11.17, Subdivision 9 of this Chapter.

15. Curbing and Landscaping. Except for single, two family, townhouse and quadraminiums, all open, off‑street parking shall have a perimeter curb barrier around the entire parking lot and circulation area; said curb barrier shall not be closer than five (5) feet to any lot line.  Grass, plantings or screening shall be provided in all areas bordering the parking area.

16. Required Screening. All open, non‑residential, off‑street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with Section 11.17, Subdivisions 7 and 8 of this Chapter.

17. Adequate space for snow storage shall be provided on the site so as not to reduce the required minimum number of parking spaces.

Subd. 5. Maintenance. It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required fences.

Subd. 6. Location. All accessory off‑street parking facilities as required by this Chapter shall be located and restricted as follows:

A. Required accessory off‑street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of Subdivisions 10 and 11 of this Section.

B. Except for single, two family, townhouse and quadraminium dwellings, head‑in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited.

C. There shall be no off‑street parking within fifteen (15) feet of any street surface.

D. The boulevard portion of the street right‑of‑way shall not be used for parking.

E. Setback Area. Except as provided in Subd. 6.F. of this Section required accessory off‑street parking shall not be provided in required front yards or in required side yards in the case of a corner lot, in A‑1, R‑1, R‑2, R‑3 and R‑4 Districts.

F. In the case of single family, two family, townhouse and quadraminium dwellings, parking shall be prohibited in any portion of the required front yard except designated driveways leading directly into a garage, or one open, surfaced space located on the side of a driveway, away from the principal use.  Said extra space shall be surfaced with concrete or bituminous material.

Subd. 7. Use of Required Area. Required acces­sory off‑street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles as regulated by Section 11.17, Subdivision 15 of this Chapter, and/or storage of snow.

Subd. 8. Handicapped Parking Spaces. Except for parking areas with direct access to a street, at least one (1) handicapped parking space shall be provided for each development with a parking area of up to twenty-five (25) spaces.  Additional space shall be provided in accordance with the ADA Standards for Accessible Design.  Handicapped spaces shall be at minimum eight (8) feet by twenty (20) feet, adjacent to an access place at least eight (8) feet by twenty (20) feet, and shall be located so as to provide convenient, priority access to the principal use.

Subd. 9. Number of Spaces Required. The following minimum number of off‑street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth:

A. Single Family, Two Family, Townhouse and Quadraminium Units. Two spaces per unit, except that this requirement may be increased by the Council to an appropriate level in those instances where occupancy and resulting demand is expected to exceed the two space minimum.

B. Boarding House. At minimum two (2) spaces plus at least one (1) parking space for each person for whom accommodations are provided for sleeping.

C. Multiple Family Dwellings. At least two (2) rent free spaces per unit.

D. Motels, Motor Hotels, Hotels. One (1) space per each rental unit plus one (1) space for each ten (10) units and one (1) space for each employee on any shift.

E. School, Elementary and Junior High. At least one parking space for each classroom plus one additional space for each fifty student capacity.

F. School, High School Through College and Private and Day or Church Schools. At least one (1) parking space for each three (3) students based on design capacity plus one (1) for each classroom.

G. Church, Theatre, Auditorium. At least one (1) parking space for each two and one-half (2.5) seats based on the design capacity of the main assembly hall.  Facilities as may be provided in conjunction with such buildings or uses may be subject to additional requirements which are imposed by this Chapter.

H. Private Athletic Stadiums. At least one (1) parking space for each eight (8) seats of design capacity.

I. Community Centers, Health Studios, Libraries, Private Clubs, Lodges, Museums, Art Galleries. Ten (10) spaces plus one (1) for each one hundred fifty (150) square feet in excess of two thousand (2,000) square feet of floor area in the principal structure.

J. Sanitariums, Convalescent Home, Rest Home, Nursing Home or Day Nurseries. Four (4) spaces plus one (1) for each three (3) beds for which accommodations are offered.

K. Elderly (Senior Citizen) Housing. Reservation of area equal to one (1) parking space per unit.  Initial development is, however, required of only one‑half (1/2) space per unit and said number of spaces can continue until such time as the Council considers a need for additional parking spaces has been demonstrated.

L. Drive-In Establishment and Convenience Food. At least one (1) parking space for each thirty-five (35) square feet of gross floor area of service and dining area, but not less than fifteen (15) spaces.  Two (2) additional parking spaces shall be added for drive-through services facilities and one (1) space for each eighty (80) square feet of kitchen/storage area.  Drive-through lanes shall include at least eight (8) spaces that do not conflict with other parking or circulation, separate from the general parking requirements listed above.

M. Office Buildings, Animal Hospitals, Professional Offices and Medical Clinics. Three (3) spaces plus at least one (1) space for each two hundred (200) square feet of floor area.

N. Bowling Alley. At least five (5) parking spaces for each lane, plus additional spaces as may be required herein for related uses contained within the principal structure.

O. Motor Fuel Station. At least four (4) off‑street parking spaces plus two (2) off‑street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable Sections of this Chapter.

P. Retail Store and Service Establishment. At least one (1) off‑street parking space for each two hundred fifty (250) square feet of floor area.

Q. Retail Sales and Service Business With Fifty Percent or More of Gross Floor Area Devoted to Storage, Warehouses and/or Industry. At least eight (8) spaces or one (1) space for each two hundred fifty (250) square feet devoted to public sales or service (whichever is greater) plus one (1) space for each five hundred (500) square feet of storage area.

R. Restaurants, Cafes, Private Clubs Serving Food and/or Drinks, Bars, On-Sale Nightclubs. At least one (1) space for each forty (40) square feet of gross floor area of dining and bar area and one space for each eighty (80) square feet of kitchen area.

S. Undertaking Establishments. At least one (1) space for each sixty (60) square feet of public gathering space, plus one (1) parking space for each funeral vehicle maintained on the premises.  Aisle space shall also be provided off the street for making up a funeral procession.

T. Auto Repair, Major Bus Terminal, Taxi Terminal, Boats and Marine Sales and Repair, Bottling Company, Shop for a Trade Employing Six or Less People, Garden Supply Store, Building Material Sales in Structure. Eight (8) off‑street parking spaces, plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1,000) square feet.

U. Private Skating Rink, Dance Hall or Public Auction House. Twenty (20) off‑street parking spaces, plus one (1) additional off‑street parking space for each two hundred (200) square feet of floor space over two thousand (2,000) square feet.

V. Golf Driving Range, Miniature Golf, Archery Range. Ten (10) off‑street parking spaces, plus one (1) for each one hundred (100) square feet of floor space.

W. Manufacturing, Fabricating or Processing of a Product or Material. One (1) space for each three hundred fifty (350) square feet of floor area, plus one (1) space for each company owned truck (if not stored inside principal building).

X. Warehousing, Storage or Handling of Bulk Goods. That space which is solely used as office shall comply with the office use requirements and one (1) space per each seven hundred fifty (750) square feet of floor area and one (1) space for each company owned truck (if not stored inside principal building).

Y. Car Wash. (In addition to required magazining or stacking space).

1. Automatic Drive Through, Services. A minimum of ten (10) spaces.

2. Self-Service. A minimum of two (2) spaces.

3. Motor Fuel Station Car Wash. Zero in addition to that required for the station, however, at least six (6) spaces in the stacking lane shall be provided where the stacking lane will not interfere with other parking or circulation.

Z. Shopping Centers and Retailers With More Than Fifty Thousand (50,000) Square Feet of Floor Area.  Five and one‑half (5.5) spaces per each one thousand (1,000) square feet of gross leasable floor area (exclusive of common areas).

AA. Private Racketball, Handball and Tennis Courts. Not less than six (6) spaces per each court.

BB. Nursery and Landscaping Operations With On Site Growing Fields. One (1) space for each two hundred (200) square feet of floor area and one (1) space for each five hundred (500) square feet of indoor storage space and one (1) space for each three thousand (3,000) square feet of outdoor sales/display area and one (1) space for each fifteen thousand (15,000) square feet of growing field area.

CC. Other Uses. Other uses not specifically mentioned herein or unique cases shall be determined on an individual basis by the Council. Factors to be considered in such determination shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles.

DD. Space Reductions. Subject to the review and processing of a conditional use permit as regulated by Section 11.07 of this Chapter, the City may reduce the number of required off street parking spaces when the use can demonstrate in documented form a need which is less than required. In such situations, the City may require land to be reserved for parking development should use or needs change.

EE. Within the B 5 Zoning District, the City may approve development and uses which do not comply with the required number of parking spaces as a conditional use permit, provided that:

1. A Development Agreement running with the land is completed in which it is agreed that the property in question is financially responsible for its proportionate share of the City sponsored and provided parking space construction, maintenance, and parking site acquisition for on street, lot and/or ramp parking at a maximum cost as determined from time to time by the City Engineer and/or City Planner, and for a maximum period of time as established from time to time, by the Council. Said responsibility shall be determined on the basis of the property’s parking space shortage based upon City Code requirements, in relationship to the total parking space shortage, as defined by this Subdivision 9, for a defined service and benefit area. The “service and benefit area” shall include all properties which benefit from the available public parking serving a particular retail, office, institutional, public and semi public, and commercial neighborhood or district. The Council may exempt a development from this requirement during the period of the Agreement, or may refund monies paid pursuant to said Agreement if other means of financing are available and utilized by the City, at its sole option and election, in providing the required parking.

2. The amount of parking to be provided by the Developer on the property in question is the maximum amount possible, taking into account the use and design objectives of the B 5 District as outlined by this Chapter and the Comprehensive Plan, as determined by the City Engineer.

3. The parking shortages created by the development are not premature or in excess of the supply which can be provided by the City through a public parking system on a short and/or long term basis.

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

Subd. 10. Joint Facilities. The Council may, after receiving a report and recommendations from the Planning Commission, approve a conditional use permit for one or more businesses to provide the required off‑street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately.  When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist.

A. Up to fifty (50) percent of the parking facilities required for a theatre, bowling alley, dance hall, bar or restaurant may be supplied by the off‑street parking facilities provided by types of uses specified as primarily daytime uses in Item 4 below.

B. Up to fifty (50) percent of the off‑street parking facilities required for any use specified under Item 4 below as primarily daytime uses may be supplied by the parking facilities provided by the following night time or Sunday uses:  auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theatres, bars, apartments or restaurants.

C. Up to eighty (80) percent of the parking facilities required by this Section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off‑street parking facilities provided by uses specified in Subparagraph D. below as primarily daytime uses.

D. For the purpose of this Section, the following uses are considered as primarily daytime uses:  banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses.

E. Conditions Required for Joint Use:

1.  The building or use for which application is being made to utilize the off‑street parking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities.

2. The application shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses (for which joint use of off‑street parking facilities is proposed).

3. A properly drawn legal instrument, executed by the parties concerned for joint use of off‑street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Clerk and recorded with the Wright County Recorder.

Subd. 11. Off-Site Parking.

A. Any off‑site parking which is used to meet the requirements of this Chapter shall be a conditional use as regulated by Section 11.07 of this Chapter and shall be subject to the conditions listed below.

B. Off‑site parking shall be developed and maintained in compliance with all requirements and standards of this Chapter.

C. Reasonable access from off‑site parking facilities to the use being served shall be provided.

D. Except as provided below, the site used for meeting the off‑site parking requirements of this Chapter shall be under the same ownership as the principal use being served or under public ownership.

E. Off‑site parking for multiple family dwellings shall not be located more than one hundred (100) feet from any normally used entrance of the principal use served.

F. Except as provided below, off‑site parking for non‑residential uses shall not be located more than five hundred (500) feet from the main public entrance of the principal use being served.

G. Any use which depends upon off‑site parking to meet the requirements of this Chapter shall maintain ownership and parking utilization of the off‑site location until such time as on‑site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking.

H. Compliance with off‑street parking requirements provided through leased off‑street parking may be approved by the Council, subject to the following additional conditions:

1. The lease shall specify the total number and location of parking spaces under contract and this number, when added to any on‑site parking required, must be equal to the total number of parking spaces required.

2. The lease instrument shall legally bind all parties to the lease and provide for amendment or cancellation only upon written approval from the City.

3. The lease agreement shall incorpo­rate a release of liability and any other provisions, as recommended by the City Attorney that are deemed necessary to ensure compliance with the intent of this Chapter.

 

 

SEC. 11.20. OFF-STREET LOADING.

SEC. 11.20. OFF-STREET LOADING.

Subd. 1. Purpose.

The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right‑of‑way so as to promote the safety and general welfare of the public, by establishing minimum requirements for off‑street loading and unloading from motor vehicles in accordance with the specific and appropriate utilization of various parcels of land or structures.

Subd. 2. Location.

A. Off-Street. All required loading berths shall be off‑street and located on the same lot as the building or use to be served.

B. Distance From Intersection. All loading berth curb cuts shall be located at a minimum fifty (50) feet from the intersection of two (2) or more street rights‑of‑way.  This distance shall be measured from the property line.

C. Distance From Residential Use. No loading berth shall be located closer than one hundred (100) feet from a residential district unless within a structure.

D. Prohibited in Front Yards. Loading berths shall not occupy the required front yard setbacks.

E. Conditional Use Permit Required. A conditional use permit shall be required for new loading berths added to an existing structure, where the loading berth is located at the front or at the side of the building on a corner lot.

1. Pedestrians. Loading berths shall not conflict with pedestrian movement.

2. Visibility. Loading berths shall not obstruct the view of the public right‑of‑way from off‑street parking access.

3. General Compliance. Loading berths shall comply with all other requirements of this Section.

F. Traffic Interference. Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic.

Subd. 3. Surfacing. All loading berths and accessways shall be improved with not less than six (6) inch class five (5) base and two (2) inch bituminous surfacing to control the dust and drainage according to a plan submitted to and subject to the approval of the City Engineer.

Subd. 4. Accessory Use; Parking and Storage. Any space allocated as a required loading berth or access drive so as to comply with the terms of these zoning regulations shall not be used for the storage of goods, inoperable vehicles or snow and shall not be included as part of the space requirements to meet the off‑street parking requirements.

Subd. 5. Screening. Except in the case of multiple dwellings, all loading areas shall be screened and landscaped from abutting and surrounding residential uses in compliance with Section 11.17, Subdivision 7 of this Chapter.

Subd. 6. Size.

A. Non-Residential Developments. Unless otherwise specified in these zoning regulations, the first loading berth shall be not less than seventy (70) feet in length and additional berths required shall be not less than thirty (30) feet in length and all loading berths shall be not less than ten (10) feet in width and fourteen (14) feet in height, exclusive of aisle and maneuvering space.

B. Multiple Family Dwellings. The size and location of the required loading berth shall be subject to the review and approval of the City Engineer and the City Planner.

Subd. 7. Number of Loading Berths Required. The number of required off‑street loading berths shall be as follows:

A. Commercial or Industrial Uses.  Except within the B‑5 District, all buildings shall have at least one (1) off‑street loading berth.

B. Multiple Family Dwellings. One (1) off‑street loading berth shall be provided for each principal dwelling structure in excess of four (4) units.

C. Any Use. In the case of any development, including single family detached dwellings, the Council shall have the right to require an off‑street loading facility which meets the demand of the activity generated by the respective use.  Commercial properties may provide loading spaces within the parking and circulation area of the property when the property owner or tenant can show that loading activities occur off-hours.

 

SEC. 11.21. SITE/BUILDING PLAN REVIEW.

SEC. 11.21. SITE/BUILDING PLAN REVIEW.

Subd. 1. Purpose. The purpose of this Section is to establish a formal plan review procedure and provide regulations pertaining to the enforcement of site design and construction standards as agreed to by the contractor through his officially submitted plan documents.

Subd. 2. Plan Required. In addition to other plan requirements outlined in this Chapter, site and construction plans will be required and shall be submitted to and approved by the Building Official prior to the issuance of any building permit.

Subd. 3. Council Action Not Required.

A. When the development of land is proposed for a lot of record, and the Zoning Administrator determines that the proposal meets all applicable zoning requirements, no formal review of the plans shall be required by the Planning Commission or City Council.  The Zoning Administrator shall report regularly to the Commission and Council as to building activity.  Building and site plans for multiple family, commercial or industrial construction shall be subject to review by the Planning Commission and approval by the Council when any zoning permit or subdivision application is necessary for complete processing under the requirements of this Chapter or the City’s Subdivision Regulations, Chapter 12.

B. In all cases where developments are proposed for locations adjacent to State Trunk Highways 55 and 25, a site plan for such proposed development shall be provided for review by the Planning Commission and the Council for informational purposes.  Property developers are encouraged to introduce their projects to the Planning Commission and City Council when available.

Subd. 4. Plan Agreements. All site and construction plans officially submitted to the City shall be treated as a formal agreement between the building contractor and the City.  Once approved, no changes, modifications or alterations shall be made to any plan detail, standard or specifications without prior submission of a plan modification request to the Building Official for his review and approval.

Subd. 5. Enforcement. The Building Official shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this Section has been officially documented by the Building Official.

 

 

 

SEC. 11.22. HOME OCCUPATIONS.

SEC. 11.22. HOME OCCUPATIONS.

Subd. 1. Purpose. The purpose of this Section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood.  In addition, this Section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily “more sensitive” home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process.

Subd. 2. Application. Subject to the non‑conforming use provision of this Section, all occupations conducted in the home shall comply with the provisions of this Section.  This Section shall not be construed, however, to apply to home occupations accessory to farming.

Subd. 3. Procedures and Permits.

A. Permitted Home Occupation. A permitted home occupation is a business which is conducted in the principal residential dwelling by a resident of the dwelling.  The intent of this Section is to ensure that such business activities have no noticeable impact on the residential character of the surrounding neighborhood.  No permit shall be necessary to conduct a permitted home occupation in a zoning district in which it is allowed.  If the business activity occurs at such a level that it is observable to the neighborhood, the resident shall be required to terminate the business, or seek approval of a “Special Home Occupation Permit”.

B. Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this Section shall require a “special home occupation permit” which shall be applied for, reviewed and disposed of in accordance with the provisions of Section 11.12 of this Chapter as an Interim Use Permit.

C. Declaration of Conditions. The Planning Commission and the Council may impose such conditions of the granting of a “special home occupation permit” as may be necessary to carry out the purpose and provisions of this Section.

D. Effect of Permit. A “special home occupation permit” may be issued for a period of one (1) year after which the permit may be reissued for periods of up to three (3) years each.  Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation permit.

E. Transferability. Permits shall not run with the land and shall not be transferable.

F. Lapse of Special Home Occupation Permit by Non-Use. Whenever within one (1) year after granting a permit, the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Council.  Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit.  There shall be no charge for the filing of such petition.  The request for extension shall state facts showing a good faith attempt to initiate the use.  Such petition shall be presented to the Planning Commission for a recommendation and to the Council for a decision.  Whenever a special home occupation ceases operation for at least one (1) year, the Interim Use Permit issued for such special home occupation shall be terminated.  Any further operation of the special home occupation shall require application for a new special home occupation permit according to the terms and requirements of this Section.

G. Reconsideration. Whenever an application for a permit has been considered and denied by the Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or Council for at least six (6) months from the date of its denial unless a decision to reconsider such matter is made by not less than four‑fifths (4/5) vote of the full Council.

H. Renewal of Permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit.  In applying for and accepting a permit, the permit holder agrees that his monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment.  Each application for the renewal of a permit will be reviewed without taking into consideration that a previous permit has been granted.  The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit.

Subd. 4. Requirement; General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions.

A. General Provisions.

1. No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

2. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

3. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

4. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.

5. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.

6. The home occupation shall meet all applicable fire and building codes.

7. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception signs commonly allowed on property in the zoning district.

8. All home occupations shall comply with the provisions of the City Code.

9. No home occupation shall be conducted in such a way that between the hours of 10:00 P.M. and 7:00 A.M. the business would require any on‑street parking.

B. Requirements; Permitted Home Occupations.

1. No person other than those who customarily reside on the premises shall be employed.

2. All permitted home occupations shall be conducted entirely within the principal building and may not be conducted in accessory building.

3. Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than fifteen (15) feet from the curb line or edge of paved surface.

4. Permitted home occupations include and are limited to:  art studio, dressmaking, secretarial services, family day care, foster care, professional offices and teaching with musical, dancing and other instructions which consist of no more than one pupil at a time and similar uses.

5. The home occupation shall not involve any of the following:  repair service or manufacturing which requires equipment other than found in a dwelling; teaching which customarily consists of more than one pupil at a time; over‑the‑counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet, or any retail sales that involves the customer coming to the place of business.

C. Requirements; Special Home Occupation.

1. No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non‑resident assistance of no more than one such employee, and that this exception would not compromise the intent of this Chapter.

2. Examples of special home occupations include:  barber and beauty services, day care‑group nursery for children in numbers exceeding the allowances of MN Stat 462.357 Subd. 7. and 8., photography studio, group lessons, small appliances and small engine repair and the like.

3. The home occupation may involve any of the following:  stock‑in‑trade incidental to the performance of the service, repair service or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one (1) pupil at a time, but not to exceed four (4) pupils at any one time.

4. Special home occupations shall not be allowed to accommodate their parking demand through utilization of on‑street parking.

Subd. 5. Inspection.  The City hereby reserves the right to inspect the premises in which a home occupation is being conducted to ensure compliance with the provisions of this Section or any conditions additionally imposed.

SEC. 11.23. DAY CARE NURSERY FACILITIES.

SEC. 11.23. DAY CARE NURSERY FACILITIES.

Subd. 1. Purpose. The regulation of day care nursery facilities in these zoning regulations is to establish standards and procedures by which day care facilities can be conducted within the City without jeopardizing the health, safety and general welfare of the day care participants and/or the surrounding neighborhood.  This Section establishes the City’s minimum requirements for the establishment of a day care facility which are not defined as permitted uses by State Statute or which are operated in uses other than single family homes. Day care facilities other than those defined permitted uses by State Statutes which operate in a single family dwelling as an accessory use shall be subject to Section 11.22 of this Chapter and processed as a home occupation.

Subd. 2. Application. Day care nursery facilities serving twelve (12) or fewer persons shall be permitted uses in single‑family residential zones; day care facilities serving thirteen (13) through sixteen (16) persons shall be permitted uses in multi‑family residential zones; and day care nursery facilities shall be considered a conditional use within all other zoning districts and shall be subject to the regulations and requirements of Section 11.07 of this Chapter.  In addition to the City regulations, all day care facility operations shall comply with the minimum requirements of the Minnesota Rules Chapter 9502 et seq, as may be amended.  Day care facilities, located in residential zones may also be conditioned by the City using a conditional use permit in accordance with Minnesota State Statutes, Section 462.357 Subd. 7. and 8.

Subd. 3. Declaration of Conditions. The Planning Commission and Council may impose such conditions on the granting of a day care facility conditional use permit as may be necessary to carry out the purpose and provisions of this Section.

Subd. 4. Site Plan Drawing Necessary. All applications for a day care facility conditional use permit shall be accompanied by a site plan drawn to scale and dimensioned, displaying the information required by Section 11.07 of this Chapter.

Subd. 5. General Provisions. Day care facilities shall be allowed as a principal or as an accessory use, provided that the day care facilities meet all the applicable provisions of this Section.

A. Lot Requirements and Setbacks; Principal Use.  The proposed site for a day care facility as a principal use shall have a minimum lot area of one (1) acre and a minimum lot width of one hundred (100) feet.  The day care facility shall meet the setback requirements of the respective zoning district.

B. Lot Requirements and Setbacks; Accessory Use. The site of the proposed day care facility as an accessory use shall meet all area and setback provisions of the respective zoning district in which the facility is to be located.

C. Sewer and Water. All day care facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility.

D. Screening. Where the day care facility is in or abuts any commercial or industrial use or zoned property, the day care facility shall provide screening along the shared boundary of the two uses.  All of the required fencing and screening shall comply with the fencing and screening requirements of Section 11.17, Subdivisions 6 and 7 of this Chapter.

E. Parking.

1. There shall be adequate off‑street parking which shall be located separately from any outdoor play area and shall be in compliance with Section 11.19 of this Chapter.  Parking areas shall be screened from view of surrounding and abutting residential uses in compliance with Section 11.17, Subdivision 7 of this Chapter.

2. When a day care facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off‑street parking spaces required.

F. Loading. One off‑street parking space in compliance with Section 11.20 of this Chapter shall be provided.

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

H. Day Care Facility. The building plans for the construction or alteration of a structure that shall be used as a day care facility shall be submitted to the City for review by the Building Official to insure the structure is in compliance with the State Building Code.  The facility shall meet the following conditions:

1. 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 of property values or constituting a blighting influence within a reasonable distance of the lot.

2. When the day care facility is an accessory use within a building, other than a single family dwelling, it shall be located in a portion of the building separated from the other uses located within the structure.

3. An accessory use day care facility shall be adequately soundproofed to remove extraneous noise that would interfere with the day care operation and would affect the health, safety and welfare of the day care participants.

4. Internal and external site land use compatibility and sufficient peripheral area protections shall be provided by the day care facility.

 

Subd. 6.  All day care facilities, whether principal or accessory uses, shall be licensed under the terms of Minnesota Rules Chapter 9502 et seq, and shall at all times comply with the terms of such licensure, in addition to these zoning regulations, and shall be able to provide evidence of current licensure in order to protect public health, safety, and welfare.

Subd. 7. Inspection. At any and all reasonable hours, with or without notice, the City hereby reserves the right upon issuing any day care facility conditional use permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed.

 

 

 

 

 

SEC. 11.24. LAND FILLING OPERATIONS.

SEC. 11.24. LAND FILLING OPERATIONS.

Subd. 1. Permit Required. Any person who proposes to add land fill in excess of fifty (50) cubic yards to any property within the City limits, shall apply to the City for a Land Fill Permit.

Subd. 2. Application and Required Information.

A. Any person desiring a permit hereunder shall present an application on such forms as shall be provided by the Zoning Administrator requiring the following information:

1. The name and address of the applicant;

2. The name and address of the owner of the land;

3. The address and legal description of the land involved;

4. The purpose of the land fill;

5. A description of the source, type, and amount of fill material to be placed upon the premises;

6. The highway, street or streets, or other public ways in the City upon and along which any material is to be hauled or carried;

7. An estimate of the time required to complete the land fill;

8. A site plan showing present topography and also including boundary lines for all properties, water courses, wetlands and other significant features within three hundred fifty (350) feet;

9. A site plan showing the proposed finished grade and landscape plan.  Erosion control measures shall be provided on such plan.  Final grade shall not adversely affect the surrounding land or the development of the site on which the land fill is being conducted.  Top soil shall be of a quality capable of establishing normal vegetative growth;

10. A security statement demonstrating the proposed activity will in no way jeopardize the public health, safety and welfare or is appropriately fenced to provide adequate protection;

11. A statement that the applicant will comply with all conditions prescribed by the City or its officers or agents.

B. The application shall be considered as being officially submitted when all the information requirements are complied with.  A fee for such application shall be paid to the City at the time the application is submitted in accordance with the fee schedule adopted by ordinance.

Subd. 3. Technical Reports.

A. The Zoning Administrator shall process all land fill permit applications.  Such applications for less than one hundred (100) cubic yards shall be forwarded to the Building Official.

B. Such applications for one hundred (100) cubic yards or more shall be forwarded to the City Engineer and Building Official.  Where watersheds and shore­line are in question, other affected agencies shall also be contacted.  These technical advisors shall be instructed by the Zoning Administrator to prepare reports for the Council.

C. Filing fees in excess of the actual incurred expenses shall be refunded to the applicant.  When the expenses incurred in the review of the application exceed the fee, such excess expenses shall be billed to the applicant.

Subd. 4. Issuance of Permit.

A. The Building Official shall determine as to whether, and when, and under what conditions a land fill permit for less than one hundred (100) cubic yards shall be issued.

B. Upon receiving information and reports from the Zoning Administrator and the City Engineer, the Council shall make its determination as to whether, and when, and under what conditions such permit for a land fill one hundred (100) cubic yards or more is to be issued to the applicant by the Zoning Administrator.

Subd. 5. Conditions of Operation.

A. Under no circumstances shall any such land fill operation be conducted or permitted if the contents of the land fill or any part thereof shall consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, decayed material, filth, sewage or similar septic or biologically dangerous material, or any other material deemed to be unsuitable by the City authorities.

B. Unless extended by conditional use permit, the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M., Monday through Friday.

Subd. 6. Bonding. The Building Official or the Council may require either the applicant or the owner or user of the property on which the land fill is occurring to post a bond in such form and sum as the Building Official shall determine, with sufficient surety provided to the City, conditioned to pay to the City the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel in transporting fill material, the amount of such cost and expense to be determined by the City Engineer; and conditioned further to comply with all requirements of this Chapter, and the particular permit, and to pay any expense the City may incur by reason of doing anything required to be done by any applicant to whom a permit is issued.

Subd. 7. Failure to Comply. The Council may, for failure of any person to comply with any requirement made of him in writing under the provisions of such permit, as promptly as same can reasonably be done, proceed to cause said requirement to be complied with, and the cost of such work shall be taxed against the property whereon the land fill is located, or the City may at its option proceed to collect such costs by an action against the person to whom such permit has been issued, and his superiors if a bond exists.  In the event that land filling operations requiring a permit are commenced prior to City review and approval, the City may require work stopped and all necessary applications filed and processed.  Application fees shall be double the normal charge.

Subd. 8. Completion of Operation.

A. All land fill operations shall be completed within ninety (90) days of the issuance of the permit.  Upon completion the permit holder shall notify the Building Official in writing of the date of completion.  If additional time beyond the ninety days is needed for completion, the permit holder may apply to the City and upon a satisfactory showing of need, the Council may grant an extension of time.  If such extension is granted, it shall be for a definite period and the Zoning Administrator shall issue an extension permit.  Extensions shall not be granted in cases where the permit holder fails to show that good faith efforts were made to complete the land fill operation within ninety days and that failure to complete the operation was due to circumstances beyond the permit holder’s control, such as shortage of fill material, teamster’s strike, unusually inclement weather, illness or other such valid and reasonable excuse for non-completion.  In the event a request for an extension is denied, the permit holder shall be allowed a reasonable time to comply with the other provisions of this Section relating to grading, leveling and seeding or sodding.  What constitutes such “reasonable time” shall be determined by the City Engineer after inspecting the premises.

B. At the completion of a land fill operation, the premises shall be graded, leveled, and seeded or sodded with grass.  The grade shall be such elevation with reference to any abutting street or public way as the City Engineer shall prescribe in the permit.  The site shall also conform to such prerequisites as the City Engineer may determine with reference to storm water drainage runoff and storm water passage or flowage so that the land fill cannot become a source of, or an aggravation to, storm water drainage conditions in the area.  The City Engineer shall inspect the project following completion to determine if the applicant has complied with the conditions required of him.  Failure of such compliance shall result in the withholding of any building permits for the site and notice of such withholding shall be filed in the office of the County Recorder for the purpose of putting subsequent purchasers on notice.

Subd. 9. Landfills in Progress. All land fill operations for which a permit has previously been issued shall terminate such operations on the date specified by the permit.

 

 

 

SEC. 11.25. LAND EXCAVATION.

SEC. 11.25. LAND EXCAVATION.

Subd. 1. Permit Required. The extraction of sand, gravel, black dirt or other natural material from the land by a person in the amount of seventy‑five (75) cubic yards or more shall be termed land excavation and shall require a permit.

Subd. 2. Exceptions. It is intended hereunder to cover the removal of natural materials from lands including such activity when carried on as a business, but shall not apply to basement excavation or other excavation which is already covered by the Building Code or other such regulations of the City.

Subd. 3. Application for Permit.

A. Any person desiring a permit hereunder shall present an application on such form as shall be provided by the Zoning Administrator requiring the following information:

1. The name and address of the applicant;

2. The name and address of the owner of the land;

3. The address and legal description of the land involved;

4. The purpose of the excavation;

5. A description of the type and amount of material to be excavated from the premises;

6. The highway, street or streets, or other public ways in the City upon and along which any material is to be hauled or carried;

7. An estimate of the time required to complete the excavation;

8. A site plan showing present topography and also including boundary lines for all properties, water courses, wetlands and other significant features within three hundred fifty (350) feet;

9. A site plan showing the proposed finished grade and landscape plan.  Erosion control measures shall be provided on such plan.  Final grade shall not adversely affect the surrounding land or the development of the site on which the excavation is being conducted.  Top soil shall be of a quality capable of establishing normal vegetative growth;

10. A security statement demonstrating the proposed activity will in no way jeopardize the public health, safety and welfare or is appropriately fenced to provide adequate protection;

11. A statement that the applicant will comply with all conditions prescribed by the City or its officers or agents.

B. The application shall be considered as being officially submitted when all the information requirements are complied with.  A fee for such application shall be paid to the City at the time the application is submitted in accordance with the fee schedule adopted by ordinance.

Subd. 4. Technical Reports. The Zoning Adminis­trator shall immediately upon receipt of such application forward a copy thereof to the City Engineer and Building Official.  Where watersheds and shoreline are in question, other affected agencies shall also be contacted.  These technical advisors shall be instructed by the Zoning Administrator to prepare reports for the Council.

Subd. 5. Issuance of Permit. Upon receiving information and reports from the Zoning Administrator, Building Official and City Engineer, the Council shall make its determination as to whether, and when, and under what conditions such permit for an excavation is to be issued to the applicant by the Zoning Administrator.

Subd. 6. Conditions of Permit.

A. The Council, as a prerequisite to the granting of a permit, or after a permit has been granted, may require the applicant to whom such permit is issued, or the owner or user of the property on which the excavation is located to:

1. Properly fence the excavation;

2. Slope the banks, and otherwise properly guard and keep the excavation in such condition as not to be dangerous from caving or sliding banks;

3. Properly drain, fill in or level the excavation, after it has been created, so as to make the same safe and healthful as the Council shall determine;

4. Keep the excavation within the limits for which the particular permit is granted; and,

5. Remove excavated  material from the excavation, away from the premises, upon and along such highways, streets or other public ways as the Council shall order and direct.

B. Hours of Operation. Unless extended by conditional use permit, the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M., Monday through Friday.

Subd. 7. Bonding. The Council may require either the applicant or the owner or user of the property on which the excavation is occurring to post a bond in such form and sum as the Council shall determine, with sufficient surety provided to the City, conditioned to pay to the City the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel in transporting excavated material, the amount of such cost and expense to be determined by the City Engineer; and conditioned further to comply with all requirements of this Chapter, and the particular permit, and to pay any expense the City may incur by reason of doing anything required to be done by any applicant to whom a permit is issued.

Subd. 8. Failure to Comply. The Council may, for failure of any person to comply with any requirement made of him in writing under the provisions of such permit, as promptly as same can reasonably be done, proceed to cause said requirement to be complied with, and the cost of such work shall be taxed against the property whereon the land fill is located, or the City may, at its option, proceed to collect such costs by an action against the person to whom such permit has been issued, and his superiors if a bond exists.

Subd. 9. Completion of Operation.

A. All excavation operations shall be completed within ninety (90) days of the issuance of the permit.  Upon completion the permit holder shall notify the Building Official in writing of the date of completion.  If additional time beyond the ninety days is needed for comple­tion, the permit holder may apply to the City and upon a satisfactory showing of need, the Council may grant an extension of time.  If such extension is granted, it shall be for a definite period and the Building Official shall issue an extension permit.  Extensions shall not be granted in cases where the permit holder fails to show that good faith efforts were made to complete the excavation operation within ninety days and that failure to complete the opera­tion was due to circumstances beyond the permit holder’s control, such as teamster’s strike, unusually inclement weather, illness or other such valid and reasonable excuse for non-completion.  In the event a request for an extension is denied, the permit holder shall be allowed a reasonable time to comply with the other provisions of this Section relating to grading, leveling and seeding or sodding.  What constitutes such “reasonable time” shall be determined by the City Engineer after inspecting the premises.

B. At the completion of an excavation, the premises shall be graded, leveled, and seeded or sodded with grass.  The grade shall be such elevation with reference to any abutting street or public way as the City Engineer shall prescribe in the permit.  The site shall also conform to such prerequisites as the City Engineer may determine with reference to storm water drainage runoff and storm water passage or flowage so that the excavation cannot become a source of, or an aggravation to, storm water drainage conditions in the area.  The City Engineer shall inspect the project following completion to determine if the applicant has complied with the conditions imposed as part of the permit.

 

 

 

 

SEC. 11.26. SIGNS.

SEC. 11.26. SIGNS. All signs shall be erected in conformance with the provisions of the City Code relating to signs.

 

 

 

 

SEC. 11.27. AIRPORT ZONING

SEC. 11.27. AIRPORT ZONING. Airport development and operation as well as applicable surrounding and adjacent development and use shall be regulated subject to Minnesota Statutes, Chapter 360, as may be amended.

 

 

 

 

SEC. 11.28. ESSENTIAL SERVICES.

SEC. 11.28. ESSENTIAL SERVICES.

Subd. 1. Purpose. The purpose of this Section is to provide for the installation of essential services such as telephone lines, pipelines, electric transmission lines and substations in such a manner that the health, safety and welfare of the City will not be adversely affected.  Essential services should also be installed in cognizance of existing and projected demands for such services.

Subd. 2. All underground telephone lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines and substations less than 33 KV, when installed in any public right‑of‑way in any zoning district, shall require a special permit approved by the City Engineer.

Subd. 3. All underground telephone lines, pipelines for local distribution, underground transmission lines, and overhead electric transmission lines less than 33 KV, which are intended to serve more than one parcel and are proposed to be installed at locations other than in public right‑of‑way, shall require a special permit issued by the City after approval by the City Engineer.  Approval by the City Engineer shall be based upon the information furnished in the following procedural requirements:

A. Prior to the installation of any of the previous essential services, the owner of such service shall file with the Zoning Administrator, all maps and other pertinent information as deemed necessary for the City Engineer to review the proposed project.

B. The Zoning Administrator shall transmit the map and accompanying information to the City Engineer for his review and approval regarding the project’s relationship to the Comprehensive Plan and parts thereof and/or City Code provisions.

C. The City Engineer shall report in writing to the Zoning Administrator his finding as to the compliance of the proposed project with the Comprehensive Plan and City Code provisions.

D. In considering applications for the placement of essential services, as regulated in this Section, the aforesaid City staff shall consider the effect of the proposed project upon the health, safety and general welfare of the City, as existing and as anticipated; and the effect of the proposed project upon the Comprehensive Plan.

E. Upon receiving the approval of the City Engineer, the Zoning Administrator shall issue a special permit for the installation and operation of the applicant’s essential services.  If the Engineer’s report recommends the denial of said permit causing the Zoning Administrator to deny its issuance, the applicant may appeal said decision to the Board of Appeals and Adjustments under the rules and procedures as set forth in Section 11.09 of this Chapter.

Subd. 4. All transmission pipelines (i.e., pipe‑lines not required for local distributing network), and overhead transmission and substation lines in excess of 33 KV shall be a conditional use in all districts subject to the following procedural requirements:

A. Prior to the installation of any of the previous essential services, the owner of such service shall file with the Zoning Administrator, all maps and other pertinent information as deemed necessary for the Planning Commission to review the proposed project.

B. The Zoning Administrator shall transmit the map and accompanying information to the Planning Commission for its review and recommendations regarding the project’s relationship to the Comprehensive Plan and parts thereof.

C. The Planning Commission shall hold the necessary public hearings as prescribed by this Chapter for conditional uses.

D. The Planning Commission shall report in writing to the Council its findings as to compliance of the proposed project with the Comprehensive Plan.

E. In considering the applications for the placement of essential services, as regulated by this Section, the Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed project upon the health, safety and general welfare of the City, existing and anticipated; and the effect of the proposed project upon the Comprehensive Plan.

 

 

 

SEC. 11.29. MODEL HOMES.

SEC. 11.29. MODEL HOMES.

Subd. 1. Purpose. The purpose of this Section is to provide for the erection of model homes in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance.  As model homes represent a unique temporary commercial use, special consideration must be given to the peculiar problems associated with them and special standards must be applied to insure reasonable compatibility with their surrounding environment.

Subd. 2. Procedure. The erection of a model home(s) shall require approval of the Council.

Subd. 3. Special Requirements.

A. Temporary parking facilities equal to four spaces per model home dwelling unit shall be provided.  The overall design, drainage, and surfacing of the temporary parking facility shall be subject to the approval of the City Engineer.

B. Access from a temporary parking facility onto a local, residential street shall be discouraged.  Where this requirement is physically impracticable, access shall be directed away from residential neighborhoods to the greatest extent possible.

C. No model home shall incorporate outside lighting which creates a nuisance due to glare or intensity, as provided for in Section 11.17, Subdivision 9 of this Chapter.

D. All model home signage shall comply with the sign regulations as contained in the provisions of the City Code relating to signs.

E. All criteria for conditional use consideration but not procedural requirements as contained in Section 11.07, Subdivision 2, Subparagraph D of this Chapter shall be considered and satisfactorily met.

 

 

 

 

 

SEC. 11.30. ANIMALS.

SEC. 11.30. ANIMALS.

Subd. 1. Keeping Animals. The following animals may be kept in the City.

A. Domestic animals are an allowed use in all zoning districts.

B. Horses are an allowed use in all zoning districts provided:

1. The minimum lot size is two and one‑half (2‑1/2) acres.

2. The number of horses does not exceed one per acre unless a higher number is granted by the issuance of a conditional use permit.

C. Farm animals are an allowed use on all farm property.  Farm animals may not be confined in a pen, feedlot or building within one hundred (100) feet of any residential dwelling not owned or leased by the farmer.

D. Animals being kept as part of the Minnesota Zoological Gardens, St. Paul Como Zoo, or similar institutional docent programs are an allowed use in all zoning districts.  Before such animals are allowed, however, the participant in the program must notify the City Administrator in writing of their participation in the program and identify the animal being kept.

E. With the exception of animals allowed by Subparagraphs A, B, C and D above, no other animals are allowed except by conditional use permit.

F. Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located.

G. Animals may not be kept if they cause a nuisance or endanger the health or safety of the community.

Subd. 2. Care of Animals. Animals kept within any zoning district shall be subject to the following requirements:

A. The size, number, species, facilities for and location of animals kept shall be maintained so as not to constitute a danger or nuisance by means of odor, noise or otherwise.

B. The person caring for any animal(s) shall be of sufficient age, knowledge and experience to adequately and safely care for and control the animal(s).

C. Facilities for housing animal(s) shall be:

1. Constructed of such material as is appropriate for the animal(s) involved.

2. Maintained in good repair.

3. Controlled as to temperature, venti­lated and lighted compatible with the health and comfort of the animal(s).

4. Of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement.  Inadequate space may be indicated by evidence of malnutrition, poor condition of debility, stress or abnormal behavior patterns.

5. Cleaned as often as necessary to prevent contamination of the animal(s) contained therein and to minimize disease hazards and reduce odors.

D. Animals shall be provided wholesome, palatable food and water free from contamination and of sufficient quantity and nutritive value to maintain all animals in good health.

E. Animals kept in pet shops or kennels shall be kept in accordance with regulations for pet shops and kennels in addition to the regulations provided by this Chapter.

 

 

 

 

SEC. 11.31. WIND ENERGY CONVERSION SYSTEMS (WECS).

SEC. 11.31. WIND ENERGY CONVERSION SYSTEMS (WECS).

Subd. 1. Purpose. The purpose of this Section is to establish standards and procedures by which the installation and operation of WECS shall be governed within the City.

Subd. 2. Application. Wind conversion systems may be allowed as a conditional use within any zoning district of the City, subject to the regulations and requirements of this Section, provided the property upon which the system is to be located is zoned agricultural, commercial or industrial or is constructed and maintained on any parcel of land of at least two and one‑half (2.5) acres in size, and the WECS shall be no less than one thousand (1,000) feet from any residential use.

Subd. 3. Declaration of Conditions. The Planning Commission may recommend and the Council may impose such conditions on the granting of WECS conditional use permit as may be necessary to carry out the purpose and provisions of this Section.

Subd. 4. Site Plan Drawing. All applications for WECS conditional use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the following information:

A. Lot lines and dimensions.

B. Location and height of all buildings, structures, above ground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors.

C. Locations and height of all adjacent buildings, structures, above ground utilities and trees located within three hundred fifty (350) feet of the exterior boundaries of the property in question.

D. Existing and proposed setbacks of all structures located on the property in question.

E. Sketch elevation of the premises accurately depicting the proposed WECS and its relationship to structures on adjacent lots.

Subd. 5. Compliance with State Building Code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering data and calculations to demonstrate compliance with the structural design provisions of the State Building Code.  Drawings and engineering calculations shall be certified by a registered engineer.

Subd. 6. Compliance with National Electrical Code. WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the City.

Subd. 7. Manufacturer Warranty. Applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within the City.  The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions.

Subd. 8. Design Standards.

A. Height. The permitted maximum height of a WECS shall be determined in one of two ways.  In determining the height of the WECS, the total height of the system shall be included.  System height shall be measured from the base of the tower to the highest possible extension of the rotor.

1. A ratio of one (1) foot to one (1) foot between the distance of the closest property line to the base of the WECS to the height of the system.

2. A maximum system height of one hundred seventy-five (175) feet.

3. The shortest height of the two above mentioned methods shall be used in determining the maximum allowable height of a WECS system.  The height of a WECS must also comply with FAA Regulation Part 77 “Objects Affecting Navigable Air Space” and/or MnDOT Rule 14, MCAR 1.3015 “Criteria for Determining Obstruction to Air Navigation”.

B. Setbacks. No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback.  WECS towers shall be setback from the closest property line one (1) foot for every one (1) foot of system height.  WECS shall not be located within thirty (30) feet of an above ground utility line.

C. Rotor Size. All WECS rotors shall not have rotor diameters greater than twenty‑six (26) feet.

D. Rotor Clearance. Blade‑arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any structure or tree within a two hundred (200) foot radius.

E. Rotor Safety. Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (forty [40] MPH or greater).

F. Lightning Protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City.

G. Tower Access. TTo prevent unauthorized climbing, WECS towers must comply with one of the following provisions:

1. Tower climbing apparatus shall not be located within twelve (12) feet of the ground.

2. A locked anti-climb device shall be installed on the tower.

3. Tower capable of being climbed shall be enclosed by a locked, protective fence at least six (6) feet high.

H. Signs. WECS shall have one sign, not to exceed two (2) square feet posted at the base of the tower and said sign shall contain the following information:

1. Warning high voltage.

2. Manufacturer’s name.

3. Emergency phone number.

4. Emergency shutdown procedures.

I. Lighting. WECS shall not have affixed or attached any lights, reflectors, flashers or any other illumination, except for illumination devices required by FAA Regulations Part 77 “Objects Affecting Navigable Air Space” and FAA Advisory Circular 70/7460‑1F, September 1978 “Obstruction Marking and Lighting”.

J. Electromagnetic Interference. WECS shall be designed and constructed so as not to cause radio and television interference.

K. Noise Emissions. Noises emanating from the operation of WECS shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NPC 1 and 2, as amended.

L. Utility Company Interconnection. No WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it.  The interconnection of the WECS with the utility company shall adhere to the National Electrical Code as adopted by the City.

Subd. 9. Ornamental Wind Devices. Ornamental wind devices that are not a WECS shall be exempt from the provisions of this Section and shall conform to other applicable provisions of this Chapter.

Subd. 10. Inspection. The City hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located.  If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.

Subd. 11. Abandonment. Any WECS or tower which is not used for six (6) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.

 

SEC. 11.32. COMMUNICATION RECEPTION/TRANSMISSION DEVICES.

SEC. 11.32.  COMMUNICATION RECEPTION/TRANSMISSION DEVICES. 

Subd. 1.    Purpose.   It is the purpose of this Chapter to provide for and regulate communications reception/transmission devices in the City of Buffalo.  Where this section refers to cellular telephone antennas, it shall also apply to other wireless service antennas.

Subd. 2. General Standards. The following standards shall apply to all cellular telephone, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short-wave radio transmitting and receiving antenna.

A. All obsolete and unused antenna shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator.

B. All antenna shall be in compliance with all City building and electrical code requirements and as applicable shall require related permits.

C. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer’s specifications and as may be necessary, as determined by the Zoning Administrator, shall be verified and approved by a professional engineer.

D. When applicable, written authorization for antenna erection shall be provided by the property owner.

E. No advertising message shall be affixed to the antenna structure.

F. The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by an electrical engineer or other appropriate professional.

G. Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public’s health and safety.

H. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses.

I. If a new antenna support structure is to be constructed, it shall be designed so as to accommodate other users including but
not limited to other cellular communication companies, local police, fire and ambulance companies.

J. Antenna support structures under two hundred (200) feet in height shall be painted silver or have a galvanized finish to reduce visual impact.

K. Except as may be applicable in cases where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service are exempt from sub-paragraphs (c), (f), and (i) above, and must comply with sub-paragraph (l) below.

L. Amateur radio support structures (towers) must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturers specifications.

Subd. 3. Accessory and Secondary Use Antennas. The following standards shall apply to all accessory and secondary use antennas including radio and television receiving antennas, satellite dishes, TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers.

A. Accessory or secondary use antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, and shall be set back a minimum of three (3) feet from all lot lines.

B. Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of one (1) foot from all lot lines.

C. Accessory or secondary use antennas and necessary support structures, monopoles or towers may extend a maximum of fifteen (15) feet above the normal height restriction for the affected zoning district, except support structures and antennas used in the amateur radio service may extend a maximum of two (2) times the normal height restriction for the affected zoning district.

D. The installation of more than one (1) support structure per property shall require the approval of a conditional use permit.

Subd. 4. Cellular Telephone Antennas (and other wireless service antennas).

A. Residential District Standards.

1. Antennas located upon public structures: Cellular telephone antenna located upon public structures shall require the processing of an administrative permit and shall comply with the following standards:

(a) The applicant shall demonstrate by providing a coverage/ interference analysis and capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

(b) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

(c) An administrative permit is issued in compliance with the procedures established by the City Council.

2. Antennas not located upon a public structure: Cellular telephone antenna not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards:

(a) The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

(b) The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen (15) feet above the structural height of the structure to which they are attached.

(c) If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole provided that:

i. The pole not exceed seventy-five (75) feet in height.

ii. The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

(d) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

(e) Unless the antenna is mounted on an existing structure, at the discretion of the City, a security fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure.

(f) The conditional use permit provisions of Section 11.07 of this Chapter are considered and determined to be satisfied.

B. Business District Standards:

1. Antennas Located Upon A Public Structure. Cellular telephone antenna located upon a public structure shall comply with the following standards.

(a) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

(b) An administrative permit is issued in compliance with the procedures established by the City Council.

2. Antennas Not Located Upon A Public Structure. Cellular telephone antennas not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards:

(a) The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

(b) The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen (15) feet above the structural height of the structure to which they are attached.

(c) If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole provided that:

i. The pole not exceed seventy-five (75) feet in height.

ii. The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

(d) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

(e) Unless the antenna is mounted on an existing structure, at the discretion of the City, a security fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure.

(f) The conditional use permit provisions of Section 11.07 of this Chapter are considered and determined to be satisfied.

C. Industrial District Standards.

1. Antennas Located Upon A Public Structure. Cellular telephone antennas located upon a public structure shall require the processing of an administrative permit and shall comply with the following standards:

(a) An administrative permit is issued in compliance with the procedures established by the City Council.

2. Antennas Not Located Upon A Public Structure. Cellular telephone antennas not located upon a public structure shall
require the processing of an administrative permit and shall comply with the following standards:

(a) The antennas shall be located upon a structure if possible.

(b) If no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a supporting pole or tower not exceeding one hundred fifty (150) feet in height. Such pole or tower shall be located on a parcel having a dimension equal to the height of the pole or tower measured between the base of the pole or tower located nearest the property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of the pole or tower will occur within a lesser distance under all foreseeable circumstances.

(c) An administrative permit is issued in compliance with the procedures established by the City Council.

Subd. 5. Satellite Dishes.

A. Residential District Standards. Single satellite dish TVROs greater than one (1) meter in diameter may be allowed as a conditional use within the residential zoning districts of the City and shall comply with the following standards:

1. All accessory and secondary use provisions of this Chapter are satisfactorily met.

2. The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction-free receive window can be maintained within the limits of the property ownership.

3. Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window.

4. The satellite dish antenna is not greater than three (3) meters in diameter.

5. The conditional use permit provisions of Section 11.07 of this Chapter are considered and determined to be satisfied.

B. Business District Standards. Satellite dish antennas within the business zoning districts of the City shall be limited to those listed as permitted accessory and secondary uses in the applicable zoning district subject to the provisions of this Chapter.

C. Industrial District Standards. Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters may be allowed as a conditional use within the I-1, I-2, and I-4 Districts of the City and shall comply with the following standards:

1. All accessory and secondary use provisions of Section 10, Subd. F.3. of this Chapter are satisfactorily met.

2. The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free transmit-receive window or windows can be maintained within the limits of the property ownership.

3. Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window.

4. The conditional use permit provisions of Section 11.07 of this Chapter are considered and determined to be satisfied.

Subd. 6. Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas. Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards:

A. Such antenna shall be considered an allowed conditional use within the I-1, Planned Industrial District of the City and shall be subject to the regulations and requirements of Section 11.07 of this Chapter.

B. The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances.

C. Unless the antenna is mounted on an existing structure, at the discretion of the City, a fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure and other equipment.

SEC. 11.33. ADULT DAY CARE FACILITIES.

SEC. 11.33. ADULT DAY CARE FACILITIES.

Subd. 1. Purpose. The regulation of adult day care facilities in these zoning regulations is to establish standards and procedures by which adult day care facilities can be conducted within the City to provide a program of services to functionally impaired adults, age 18 or older, for a period of less than 24 hours per day.  Adult day care is intended to maintain and care for functionally impaired adults in the community and to prevent or delay institutionalization.  This Section establishes the City’s minimum requirements for the establishment and operation of adult day care facilities which are not defined as permitted uses by Minnesota State Regulations or Minnesota State Statutes.

Subd. 2. Application. Except for those facilities exempted in MN Stat 462.357 Subd. 7. and 8., adult day care facilities shall be considered a conditional use within all residential and commercial zoning districts of the City and shall be subject to the regulations and requirements of Section 11.07 of this Chapter.  In addition to the City regulation, all adult day care facility operations shall comply with the minimum requirements of the Minnesota Department of Welfare regulations, as may be amended.

Subd. 3. Declaration of Conditions. The Planning Commission and the Council may impose such conditions on the granting of an adult day care facility conditional use permit as may be necessary to carry out the purpose and provisions of this Section.

Subd. 4. Site Plan Drawing Necessary. All applications for an adult day care facility conditional use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the information required by Section 11.07 of this Chapter.

Subd. 5. General Provisions. Adult day care facilities shall be allowed as a principal or as an accessory use, provided that the adult day care facilities meet the applicable provisions of this Section.

A. Lot Requirements and Setbacks. The site and structure utilized for adult day care service, whether as a principal or accessory use shall meet all area and setback requirements of the respective zoning district in which the facility is to be located.  For the purpose of parking, loading, outdoor recreation and adjoining property protection, the City shall have the right to increase lot area and setback requirements as may be deemed appropriate.

B. Sewer and Water Service.  All adult day care facilities shall be serviced by public sanitary sewer and water.

C. Screening. Where the adult day care facility is in or abuts any commercial use or zoned property, the adult day care facility shall provide screening along the shared boundary of the two uses.  All of the required fencing and screening shall comply with the fencing and screening requirements in Section 11.17, Subdivisions 6 and 7 of this Chapter.  In all cases, the City shall have the right to require an adult day care facility, whether a principal or accessory use, to buffer and screen the site from adjoining uses.

D. Parking.

1. There shall be adequate off‑street parking which shall be located separately from any outdoor open area and shall be in compliance with Section 11.19 of this Chapter.  Parking areas shall be screened from view of surrounding and abutting residential uses in compliance with Section 11.17, Subd. 7 of this Chapter.

2. When an adult day care facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off‑street parking spaces required.

3. The Council may exempt an adult day care facility from meeting the total parking requirement, specified by this Chapter, where it is demonstrated that such use and demand will be less than that required and/or where the facility provides pick‑up and delivery service.  In such cases, however, the City retains the right to require additional parking be constructed should demand warrant or to require a reduction of service provided.

E. Loading. One (1) off‑street loading space in compliance with Section 11.20 of this Chapter or as specially approved by the Council, shall be provided.

F. Signage. All signing and informational or visual communication devices shall be in compliance with Section 11.26 of this Chapter.

G. Adult Day Care Facility. The building plans for the construction or alteration of a structure that shall be used as an adult day care facility shall be submitted to the City for review by the Building Official to ensure the structure is in compliance with the State Building Code and the State Fire Marshal’s Office to ensure the structure is in compliance with the Minnesota Uniform Fire Code.  All occupancy code, service and program, and safety requirements of Minnesota State Statutes and Minnesota State Regulations shall apply, as may be amended.  In addition, the facility shall meet the following conditions:

1.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 of property values or constitute a blighting influence within a reasonable distance of the lot.

2. Internal and external site land use compatibility and sufficient peripheral area protections shall be provided as required by the Council by the adult day care facility.

Subd. 6. Inspection. At any and all reasonable hours, with or without notice, the City hereby reserves the right, upon issuing any adult day care facility conditional use permit, to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this Section or any conditions additionally imposed.

SEC. 11.34. ADULT USES.

SEC. 11.34. ADULT USES.

Subd. 1. Purpose. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks.  Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas.  The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses.  Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.

Subd. 2. General. Adult uses as defined in this Chapter shall be subject to the following general provisions:

A. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not permitted and are prohibited.

B. Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.

C. Adult uses, either principal or accessory, shall be prohibited from locating in any place which is also used to dispense or consume alcoholic beverages.

D. An adult use which does not qualify as an accessory use shall be classified as an adult use‑principal.

Subd. 3. Adult Uses – Principal.

A. Adult use‑principal, shall be located at least five hundred (500) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use‑principal, is located to the property line of:

1. Residentially zoned property.

2. A licensed day care center.

3. A public or private education facility classified as an elementary, junior high or senior high.

4. A public library.

5. A public park.

6. Another adult use-principal.

7. An on-sale liquor establishment.

B. Adult use‑principal shall be located at least five hundred (500) radial feet as measured from one another.

C. Adult use‑principal activities, as defined by this Chapter, shall be classified as one use.  No two adult uses‑principal shall be located in the same building or upon the same property and each use shall be subject to Subd. 2, Subparagraphs B and C, above.

D. Adult use‑principal shall adhere to the following signing regulations:

1. Sign messages shall be generic in nature and shall only identify the type of business which is being conducted; and,

2. Shall not contain material classified as advertising; and,

3. Shall comply with the requirements of size and number for the district in which they are located.

E. Adult use‑principal activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are permitted.

Subd. 4. Adult Uses – Accessory.

A. Adult use-accessory shall:

1. Comprise no more than ten (10) percent of the floor area of the establishment in which it is located.

2. Comprise no more than twenty (20) percent of the gross receipts of the entire business operation.

3. Not involve or include any activity except the sale or rental of merchandise.

B. Adult use‑accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:

1. Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.

2. Magazines. Publications classified or qualifying as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

3. Other Use. Adult uses‑accessory not specifically cited shall comply with the intent of this Section subject to the approval of the Zoning Administrator.

C. Adult use‑accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.

D. Adult use‑accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are permitted.

SEC. 11.35. RENTAL HOUSING LICENSING

SEC. 11.35. RENTAL HOUSING LICENSING

Subd. 1. Purpose. The purpose of this Chapter to assure that rental housing in the City’s residential zoning districts is decent, safe and sanitary and is operated and maintained in accordance with the City’s regulations.  Rental housing in any of the City’s zoning districts require a license from the City.  The implementation of a rental licensing program in the various zoning districts is a mechanism to ensure that rental housing will not become a nuisance to the neighborhood; will not foster blight and deterioration; and/or will not create a disincentive to reinvestment in the community. The operation of rental housing entails certain responsibilities. Owners of rental housing are responsible to take the reasonable necessary steps to ensure that the citizens who occupy rental housing units may pursue the quiet enjoyment of the normal activities of life in the surrounding area that are: safe, secure, and sanitary; free from crimes and criminal activity, noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children.

Subd. 2. Definitions. For the purpose of this Chapter, the following terms shall be defined as set forth below.

A. Dwelling. A building or one or more portions thereof occupied or intended to be occupied for residential purposes; but not including rooms in motels, hotels, nursing homes, boarding houses, tents, and recreational vehicles.

B. Dwelling Unit. A residential accommodation located within a dwelling that includes permanently installed cooking, sleeping, and sanitation facilities, designed or intended for use as living quarters for a tenant.

C. Occupant. A person who lives or sleeps in a dwelling unit.

D. Owner. A person who is the recorded owner, including a contract for deed vendee, of the dwelling unit.

E. Rent. To permit occupancy of a dwelling unit by a person other than the legal owner thereof, pursuant to a written or unwritten agreement, whether or not a fee is required by the agreement.

F. Rental Dwelling. A dwelling unit that has been rented

G. Tenant. A person who occupies a rental dwelling.

Subd. 3. General Licensing Provisions.

A. License Required. No person shall rent a dwelling unit in any zoning districts to another for occupancy unless the City has issued a rental license for the dwelling unit.

B. License Application. The Owner of a dwelling unit may submit an application for a rental license on forms provided by the City Administrator or official designee. A person who has been issued a rental license shall give notice, in writing, to the City Administrator, within five (5) business days of any change in the information contained on the license application.

C. License Fees. Licensing fees shall be prescribed, from time to time, by ordinance, and maintained on file in the office of the City Administrator. The required fees shall be submitted along with the application for a new or renewal license. Applications for a renewal license submitted after the license term expiration are subject to a penalty fee.

D. License Terms. All dwelling unit rental licenses shall expire on December 31st of each year except as otherwise provided herein or in cases of suspension or revocation.

E. License Issuance. The City shall issue a dwelling unit rental license if real estate taxes and municipal utility bills for the dwelling unit have been paid, and the City has no record of unresolved complaints regarding the property subject to the rental license.

F. Renewal of License. A Licensee may continue to rent a dwelling unit after the expiration date of the rental license provided that the Owner has filed with the City Administrator, on or before the expiration date, the appropriate renewal license application and license fee, and provided that the City has no record of unresolved complaints regarding the property subject to the rental license.

G. Transfer of License. A rental license shall not be transferable to another person or to another dwelling unit.

Subd. 4. Conditions of License. Dwelling unit rental licenses shall be issued subject to the following conditions:

A. Tenant Register. The Owner shall keep or cause to be kept, a current register of occupancy for each dwelling unit which shall be made available for viewing or copying by the City Administrator as requested. Said register shall provide, at a minimum, the following information:

1. Address of dwelling unit

2. Number of Bedrooms in dwelling unit

3. Number of adults and children (under eighteen [18] years

4. Owner’s Name

5. Owner’s Address

6. Owner’s Phone Number

B. Conduct on License Premises.

1. Disorderly Conduct. It is the responsibility of the Owner to see that persons occupying the licensed premises conduct themselves in such a manner so as not to cause the premises to be disorderly or constitute a nuisance.

Subd. 5. Enforcement. The application for a dwelling unit rental license will be reviewed by the City Administrator or official designee. The City Administrator or official designee may conduct inspections of the rental dwelling units to determine the compliance with the applicable provisions of the Municipal Code.

A. License Suspension or Revocation, or Refusal to Renew. A dwelling unit rental license is subject to suspension or revocation by the City Council, or the City may refuse to renew a license that expires, for the reasons specified herein. Prior to suspension, revocation, the Owner shall be notified in writing at least five (5) days prior to the City Council’s consideration of such action. Notice shall be sufficient if mailed by U.S. mail, postage paid, to the last address the Owner has provided to the City in conjunction with the rental license.  The Owner may appear before the City Council to offer evidence to contest the proposed suspension or revocation.  In the event that a dwelling unit rental license is suspended or revoked by the City Council, or a renewal application is denied, it shall be unlawful for the Owner to thereafter permit any new occupancies for vacant, or thereafter vacated dwelling units, until the dwelling unit rental license has been reissued. Issuance of a new dwelling unit rental license shall be made in the manner provided for obtaining an initial license. A dwelling unit rental license may be suspended or revoked, or renewal may be refused, for any of the following reasons:

  1. Failure of Owner or its Agent to operate or maintain the dwelling unit in compliance with the provisions of the City’s regulations.
  1. The activities of the Owner or tenants of the rental unit create or have created a danger to the public health, safety or welfare.
  1. The Owner or tenants of the rental unit occupy and/or operate the unit in a manner that permits conditions that injure, annoy, or endanger the safety, health, morals, comfort and repose of any member of the public.

Subd. 6. Liability. Neither the City nor its employees or agents shall be deemed liable for damages to a third person or property by reason of this Chapter.

SEC. 11.40. GENERAL ZONING DISTRICT PROVISIONS.

SEC. 11.40. GENERAL ZONING DISTRICT PROVISIONS.

Subd. 1. Establishment of Districts. The following zoning classifications are hereby established within the City.

A. Residential Districts.

1. “A 1” Agricultural District.
2. “R R” Rural Residential District.
3. “R 1” Residential Single Family Suburban District.
4. “R 2” Residential Single Family Urban District.
5. “R 3” Traditional Residential Single and Two Family District.
6. “R 4” Residential Townhouse, Quadraminium and Low Density Multiple Family District.
7. “R 5” Suburban Residential Multiple Family District.
8. “R 6” Downtown Residential High Density Multiple Family District.
9. “R 7” Residential Special Purpose, High Density Zoning District.
10. “R MH” Residential Manufactured Housing District.
11. “R B” Residential Business Transitional District.
12. “R A” Rural Residential Transition District.

B. Business Districts.

1. “B 2” Highway Commercial District.
2. “B 3” General Business District.
3. “B 4” Health Care Facilities District.
4. “B 5” Central Business District.
5. “B W” Business Warehousing District.
6. “BC” Business Campus District.

C. Industrial Districts.

1. “I 1” Light Industrial District.
2. “I 2” Heavy Industrial District.
3. “I 4” Airport Industrial District.

D. Special Districts.

1. “PUD” Planned Unit Development District.
2. “S” Shoreland Management Overlay District.
3. “F” Floodplain Management Overlay District.

Subd. 2. Zoning District Boundaries. Zoning district boundary lines of this Chapter generally follow lot lines, railroad right of way lines, the center of water courses or the corporate limit lines, all as they exist upon the effective date of this Chapter.

A. Appeals concerning the exact location of a zoning district boundary line shall be heard by the Council serving as the Board of Adjustment and Appeals.

B. When any street, alley or public right of way vacated by official action of the City, the zoning district abutting the center line of said alley or other public right of way shall not be affected by such proceeding.

Subd. 3. Map. The location and boundaries of the districts established by this text are hereby set forth on the Zoning Map entitled “Zoning Map of Buffalo”. Said map shall be on file with the City Clerk, and hereinafter referred to as the “Zoning Map”. Which map and all the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this Chapter by reference.

Subd. 4. Annexed Territory. Annexed territory shall be in the “A 1” District, unless special action is taken to place it in another district.

SEC. 11.41. "A-1" AGRICULTURAL DISTRICT.

SEC. 11.41. “A-1” AGRICULTURAL DISTRICT.

Subd. 1. Purpose. The “A‑1” Agricultural District is intended to provide a district which will allow suitable areas of the City to be retained and utilized for low density residential, open space and/or agricultural uses, prevent rapid urbanization and provide economy in public expenditures for public utilities and service.

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

A. Farming and agricultural related buildings and structures subject to Minnesota Pollution Control Standards, but not including commercial feed lots or other commercial operations.

B. Public parks, playgrounds, recreational areas, wildlife areas and game refuges.

C. Nurseries, greenhouses, tree farms, and landscape material operations (not including retail sales).

D. Single family dwellings.

E. Essential services.

F. Stands for the sale of agricultural products, provided said products are primarily raised on the premises.

G. Airports and directly related facilities.

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

A. Operation and storage of such vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in this district.

B. The boarding or renting of rooms to not more than two (2) persons.

C. Living quarters of persons employed on the premises.

D. Home occupations.

E. Recreational vehicles and equipment.

F. Non commercial greenhouses and conservatories.

G. 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.

H. Tool houses, sheds and similar buildings for storage of domestic supplies and non commercial recreational equipment.

I. Private garages, parking spaces and car ports for licensed and operable passenger cars and trucks.

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

A. Governmental and public related utility buildings and structures necessary for the health, safety and general welfare of the City, provided that:

1. When abutting a residential use in a residential use district, the property is screened and landscaped in compliance with Section 11.17, Subd. 7 of this Chapter.

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

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

1. Side yards shall be double that required for the district, but no greater than thirty (30) feet.

2. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 11.17, Subd. 7 of this Chapter.

3. Adequate off street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 11.19 of this Chapter and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 11.17, Subd. 7 of this Chapter.

4. Adequate off street loading and service entrances are provided and regulated where applicable by Section 11.20 of this Chapter.

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

C. Commercial recreational areas including golf course and country clubs, swimming pools, ice arenas and similar facilities, provided that:

1. The principal use, function or activity is recreation in character.

2. Not more than forty (40) percent of the land area of the site be covered by buildings or structures.

3. When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with Section 11.17, Subd. 7 of this Chapter.

4. The land area of the property containing such use or activity meets the minimum established for the district.

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

D. Commercial riding stables, dog kennels, animal hospitals with overnight care and similar uses, provided that:

1. Any building in which animals are kept, whether roofed shelter or enclosed structure, shall be located a distance of one hundred (100) feet or more from any lot line.

2. The animals shall, at a minimum, be kept in an enclosed pen or corral of sufficient height and strength to retain such animals. Said pen or corral may not be located closer than 100 feet from a lot line.

3. The provisions of Minnesota Pollution Control Agency Regulations SW 53 (2) as may be amended are complied with.

4. All other applicable state and local regulations pertaining to nuisance, health and safety conditions, etc., are complied with.

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

E. Cemeteries, provided that:

1. The site accesses on a minor arterial.

2. The site is landscaped in accordance with Section 11.17, Subd. 7 of this Chapter.

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

F. Solar Energy Generation as a Principal Use, provided that:

1. The Solar Farm is situated in a location that will not likely impede the normal urban development of the community or the logical extension of utilities to other urban development.

2. The facility will occupy no more than forty (40) acres in any contiguous parcel or parcels of land.

3. The facility will be constructed using landscaping and screening, as well the most effective technologies to avoid glare or other visual impacts on surrounding property.

4. No such principal solar energy generation use shall be located within one mile of any other similar facility.

5. The owner of the property and the operator of the facility shall enter into an agreement with the City that, at such time that municipal sewer and water are extended and available to the property, the property owner and operator will agree to do one of the following:

a. Pay the property’s normal share of utility extension costs, including trunk fees, as well as the costs of extending such utilities through or around the property to adjacent property for future connection to other lands; or

b. Cease operation of the facility within two (2) years of such utility extension, clear the property of the solar generating equipment, and restore the property to a condition that will accommodate the development of an urban use.

G. Farm buildings within three hundred (300) feet of an existing residence or residential platted lot, provided that 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 “A 1” District subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Forty (40) acres.

B. Lot Width: Six hundred (600) feet.

C. Setbacks:

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

2. Side Yards: Not less than twenty (20) feet on each side nor less than fifty (50) feet on the side yard abutting a public right of way.

3. Rear Yards: Thirty (30) feet.

SEC. 11.42. "R-R" RURAL RESIDENTIAL DISTRICT

SEC. 11.42. “R-R” RURAL RESIDENTIAL DISTRICT.

Subd. 1. Purpose. The purpose of the “R‑R” Rural Residential District is to provide for large lots, low density single family detached residential dwelling units and directly related, complementary uses in areas of the City containing highly unique natural features and amenities.

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

A. Single family detached dwellings.
B. Public parks and playgrounds.
C. Essential services.

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

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. Garages accessory to single family homes shall be designed to accommodate expansion to a third stall, if not initially constructed as such.

B. Recreational vehicles and equipment.

C. Home occupations.

D. Non commercial 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 non commercial 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 “R R” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter.

A. Public or semi public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institu¬tions such as churches, chapels, temples and synagogues, provided that:

1. Side yards shall be double that required for the district, but no greater than thirty (30) feet.

2. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 11.17, Subd. 7 of this Chapter.

3. Adequate off street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 11.19 of this Chapter and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 11.17, Subd. 7 of this Chapter.

4. Adequate off street loading and service entrances are provided and regulated where applicable by Section 11.20 of this Chapter.

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

B. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City, provided that:

1. Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

2. Equipment is completed enclosed in a permanent structure with no outside storage.

3. Adequate screening from neighboring uses and landscaping is provided in compliance with Section 11.17, Subd. 7 of this Chapter.

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

C. Residential 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 “R R” District subject to additional requirements, exceptions and modifications set forth in this Chapter.

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

B. Lot Width – Interior: One hundred fifty (150) feet.
Corner: One hundred fifty (150) feet.

C. Setbacks:

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

2. Side Yards: Not less than twenty (20) feet from the adjacent lot, nor less than forty (40) feet on the side yard abutting a public right of way.

3. Rear Yards: Thirty (30) feet.

SEC. 11.43. "R-1" RESIDENTIAL SINGLE FAMILY SUBURBAN DISTRICT

SEC. 11.43. “R-1” RESIDENTIAL SINGLE FAMILY SUBURBAN DISTRICT

Subd. 1. Purpose. The purpose of the “R‑1” Residential Single Family Suburban District is to provide for suburban density single family detached residential dwelling units and directly related, complementary uses.

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

A. All permitted uses as provided for in the “R R” District.

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

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

Subd. 4. Conditional Uses. The following are conditional uses in an “R 1” 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 allowed in an “R R” District, subject to the same conditions as in an “R R” District.

B. Bed and Breakfast Facilities. Bed and Breakfast may be allowed by Conditional Use Permit as an accessory use to the principal use as a single family home, subject to the following conditions. It is the intent of this subdivision that a Bed and Breakfast facility is clearly incidental to the single family residential use, and that the residential character of the neighborhood is retained. Such facilities may not be approved if it is found that traffic, activity, lights, noise, or other factors significantly alter residential character, and which cannot be adequately mitigated through reasonable conditions.

1. Facilities shall be operated by the owner-occupant of the residential property on which the Bed and Breakfast is proposed.

2. All Bed and Breakfast units shall be established within the principal structure.

3. A maximum of three (3) Bed and Breakfast units, in addition to the residential occupant, shall be allowed within a single structure.

4. The facility shall have a State issued license for lodging and food service, and comply with and maintain all health, safety, building, and fire codes as may be required or applicable.

5. Not more than the equivalent of one (1) full-time person shall be employed by the Bed and Breakfast facility who is not a resident of the property.

6. Dining and other facilities shall not be opened to the public, but shall be used exclusively by the residents and registered guests of the facility.

7. A floor plan shall be submitted showing that the principal structure has a minimum size of one thousand eight hundred (1,800) square feet of living area, and shall show any proposed building alterations necessary to accommodate the Bed and Breakfast use.

8. The parcel shall be no less than one hundred (100) feet in lot width, and no less than fifteen thousand (15,000) square feet in lot area.

9. A site and landscaping plan shall be submitted illustrating the proposed parking area for at least three (3) spaces for each residential unit and one (1) space for each licensed Bed and Breakfast unit. No Bed and Breakfast parking shall be allowed within the required front or side yards of the parcel. These parking areas shall be improved with asphalt and screened with landscaping, but shall be exempt from other commercial parking requirements of the Zoning Ordinance.

10. One (1) nameplate sign may be allowed identifying the Bed and Breakfast facility of not more than two square feet in area, attached to the principal structure. Said sign shall be designed and constructed of materials complementary to the principal structure, and may not be illuminated.

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

A. Lot Area: Twelve thousand (12,000) square feet.

B. Lot Width – Interior: Eighty-five (85) feet.
Corner: One hundred (100)feet.

C. Setbacks:

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

2. Side Yards:

(a) Interior Lots: Not less than fifteen (15) feet each except a side yard where there is an attached garage may be reduced to five (5) feet.

(b) Corner Lot: Not less than twenty (20) feet on the side yard abutting a public street.

3. Rear Yards: Thirty (30) feet.

D. Impervious Surface: No more than thirty-five (35) percent.

Subd. 6. Interim Use Permits.

A. Craft Retreat Facilities. Craft Retreat Facilities may be allowed by Interim Use Permit as the principal use in a single family home structure, subject to the following conditions. It is the intent of this subdivision that a Craft Retreat facility will be operated in such a way that the residential character of the neighborhood is retained. Such facilities may not be approved if it is found that traffic, activity, lights, noise, or other factors significantly alter residential character, and which cannot be adequately mitigated through reasonable conditions.

1. All Craft Retreat Facilities units shall be established within the principal structure.

2. A maximum of twelve (12) occupants shall occupy a Craft Retreat facility at any one time.

3. Craft Retreat facilities shall be rented to only one group, participating together in a common hobby, at any one time.

4. No common group shall occupy any Craft Retreat facilities for more than four (4) consecutive days.

5. The facility shall have a State issued license for lodging, and comply with and maintain all health, safety, building, and fire codes as may be required or applicable.

6. The owner of a Craft Retreat facility shall own the property on which the retreat facility is located, and further shall reside on a parcel no more than five hundred (500) feet from the property on which the Craft Retreat facility is located.

7. Not more than the equivalent of one (1) full-time person shall be employed by the Craft Retreat Facility who is not a resident of the owner’s property.

8. Dining and other facilities shall not be opened to the public, but shall be used exclusively by the members of the common group of registered guests of the facility.

9. A floor plan shall be submitted showing that the principal structure has a minimum size of one thousand eight hundred (1,800) square feet of living area, and shall show any proposed building alterations necessary to accommodate the Craft Retreat use.

10. No alterations may be made to the principal or accessory structures on the subject property that would have the effect of interfering with putting the property to use as a single family home upon expiration of the Craft Retreat facility use.

11. To accommodate adequate yard and parking space, the parcel shall be no less than eighty-five (85) feet in lot width, and no less than twelve thousand (12,000) square feet in lot area.

12. A site and landscaping plan shall be submitted illustrating the proposed parking area for at least one (1) staff parking space, plus one (1) space for each two (2) persons for whom retreat capacity is provided. No more than two (2) of the required spaces shall be allowed within the required front or side yards of the parcel. All parking areas shall be improved with pavement (asphalt, concrete, or pavers) and screened with landscaping, but shall be exempt from other commercial parking requirements of the Zoning Ordinance.

13. One (1) nameplate sign may be allowed identifying the Craft Retreat facility of not more than two (2) square feet in area, attached to the principal structure. Said sign shall be designed and constructed of materials complementary to the principal structure, and may not be illuminated.

14. Craft Retreat facilities shall require a separate business license from the City, renewable on an annual basis. The City shall issue licenses such that no more than three (3) such licenses are in effect at any one time.

15. The applicants shall enter into an Interim Use Permit development agreement with the City, providing for a date of termination of said use which is no more than five (5) years from the date of approval by the City Council. Requests for subsequent Interim Use Permits shall be subject to full processing requirements of the Zoning Ordinance. Consideration of subsequent Interim Use Permits shall take into account compliance with licensing terms and pattern of complaints, where applicable.

16. If at any time, a license for the operation of a Craft Retreat facility is revoked, such event shall result in concurrent revocation of the Interim Use Permit.

SEC. 11.44. "R-2" RESIDENTIAL SINGLE FAMILY URBAN DISTRICT

SEC. 11.44. “R-2” RESIDENTIAL SINGLE FAMILY URBAN DISTRICT

Subd. 1. Purpose. The purpose of the “R 2” Residential Single Family Urban District is to provide for urban density single family detached residential dwelling units and directly related, complementary uses.

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

A. All permitted uses as provided for in the “R 1” District.

Subd. 3. Accessory Uses. The following are permitted accessory uses in an “R 2” District:

A. All permitted accessory uses as allowed in an “R 1” District.

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

A. Those Conditional Uses as allowed in an “R-R” District.

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

A. Lot Area: Eight thousand (8,000) square feet.

B. Lot Width: Seventy-five (75) feet.

C. Setbacks:

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

2. Side Yards:

(a) Interior Lot: Not less than ten (10) feet each except that a side yard containing an attached garage may be reduced to five (5) feet.

(b) Corner Lot: Not less than twenty (20) feet on the side yard abutting a public street.

3. Rear Yards: Twenty five (25) feet.

D. Impervious Surface: No more than thirty-five (35) percent.

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