Barnum, MN
TITLE XV: LAND USAGE
Chapter
150. GENERAL PROVISIONS
151. BUILDING REGULATIONS
152. MOBILE HOMES AND THE LIKE
153. WETLANDS CONSERVATION
154. FLOODPLAIN MANAGEMENT
155. SUBDIVISION REGULATIONS
156. ZONING CODE
CHAPTER 150: GENERAL PROVISIONS
Section
150.01 City development procedures
150.02 Minnesota Accessibility Code
150.03 Contractor(s license required
150.04 Amateur radio support towers
( 150.01 CITY DEVELOPMENT PROCEDURES.
The City Council hereby declares the following use and purpose for all city owned properties.
(A) The City Council designates commercially intended, city owned property for the purpose of encouraging competing and diverse businesses that will complement the businesses already existing or being developed in the city. It is also the intent of the city to develop its areas as a diverse, unique and aesthetically appealing city. The development of individual parcels within the city must be consistent with the use designated for its area. All development must be planned and developed to harmonize with existing or imminent development. The city also desires that the businesses in its areas add to the level of employment in the area and increase the tax base of the city. All development within its areas must comply with the recorded restrictions affecting its property.
(B) The City Council also recommends that there be no duplication of businesses, services or development already existing or improvement in its areas (i.e. a same or similar business or service) unless the city, through a two-thirds majority of the City Council, specifically finds that the duplication of a certain business or service would serve a specific desired identified need in the community, would benefit the public health, safety or welfare or would enhance development, competition or diversity of its business areas, and would not detract from the city(s intent that its areas be developed as a diverse, unique and aesthetically appealing business corridor and that the duplication would be desirable in its areas.
(C) Each party proposing to purchase a parcel for business development in its areas must submit a written proposal, consisting of an original and five copies, to the City Planning Commission for review and recommendation. This proposal must include a description of the proposed use, a description of the development to occur on the property, a detailed explanation of products or services to be provided at the location, a scale diagram of the location of the development intended to occur on the property, a side view diagram of buildings showing their appearance, a description of the financing to be obtained for each project, including a letter of intent from the lending institution, and an estimate as to the date construction shall begin and the date the business shall be ready to operate.
(D) The Planning Commission, upon receipt of the above-described material, will make its recommendation in the normal course of its scheduled meetings. If upon review it is determined that additional information is required, the requesting party shall be informed as to what is requested and shall make that information available before the next scheduled meeting of the Planning Commission. The Planning Commission(s recommendation shall be forwarded to the City Council for a final determination. The city reserves the right to refuse any and all requests for purchase of any parcel within its areas. All purchase agreements for a proposed purchase of a parcel within its areas must be on a purchase agreement approved by the city.
(Ord. 102, passed 11-26-1996)
( 150.02 MINNESOTA ACCESSIBILITY CODE.
(A) The Minnesota Accessibility Code, established pursuant to M.S. (( 326B.01 through 326B.998, as they may be amended from time to time, and as provided for in Minn. Rules Ch. 1341, as it may be amended from time to time, is adopted as the building code for accessibility in this city. M.S. ( 326B.16 provides that a city which has not adopted the Uniform State Building Code is nevertheless responsible for the enforcement of the Minnesota Accessibility Code, and this section is intended to comply with that requirement.
(B) No building subject to the provisions of the Minnesota Accessibility Code shall be constructed, reconstructed or substantially altered, or undergo a change in use within the city unless the building will comply with the Minnesota Accessibility Code after the construction or alteration is completed or the change in use occurs.
(C) Any person who constructs, reconstructs or substantially alters any building subject to the Minnesota Accessibility Code, or changes the use of any like building shall, before construction or alteration begins, certify to the City Clerk that the applicable provisions of the Minnesota Accessibility Code will be complied with.
(D) No person shall be issued a building, zoning or land use permit unless they certify that any structure to be located on the property shall be constructed or reconstructed in compliance with the handicapped accessibility provisions, if they apply to the structure to be constructed, substantially altered or reconstructed.
(E) A violation of this section is a misdemeanor punished as provided for in ( 10.99.
( 150.03 CONTRACTOR(S LICENSE REQUIRED.
No residential building contractor, residential remodeler or other person who is required to be licensed by the state under the provisions of M.S. (( 326B.805 through 326B.89, as they may be amended from time to time, and no person employing a residential contractor, who is required to be licensed, shall be issued a building, zoning or land use permit unless that contractor is licensed. Any person applying for a permit who is required to have a state license but who does not have a state license shall be reported to the State Commissioner of Commerce, who may begin an action against the person.
Penalty, see ( 10.99
( 150.04 AMATEUR RADIO SUPPORT TOWERS.
Amateur radio support structures (towers) shall not exceed a height above ground level of 70 feet, unless a conditional use permit has been granted by the City Council. They shall be mounted on the roof of a dwelling or other building or located in the rear yard unless there is not sufficient space to erect them in those locations. They shall 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 a tower may be modified and 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 manufacturer(s specifications.
CHAPTER 151: BUILDING REGULATIONS
Section
Building Code
151.01 State Building Code adopted
Completion of Buildings; Exteriors
151.15 Purpose
151.16 Completion of construction
151.17 Use of basements for residences
151.18 Exterior of structures
151.19 Exterior property areas
151.20 Vacated structures and vacant properties
151.21 Enforcement Officer
151.22 Inspections
151.23 Compliance order (citation)
151.24 Issuance of citations
151.25 Variance and appeals
151.99 Penalty
BUILDING CODE
( 151.01 STATE BUILDING CODE ADOPTED.
(A) Codes adopted by reference. The State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to M.S. Chapter 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the State Commissioner of Labor and Industry, through the Building Codes and Standards Unit, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this section. The State Building Code is hereby incorporated in this section as if fully set out herein.
(B) Application, administration and enforcement. The application, administration and enforcement of the code shall be in accordance with State Building Code. The code enforcement agency of the city is the Building and Zoning Department. This code shall be enforced by the state certified Building Official designated by the city to administer the code in accordance with M.S. ( 326B.133, Subd. 1.
(C) Permits and fees. The issuance of permits and the collection of fees shall be as authorized in Minn. Rules Chapter 1300. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the City Council of the city. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with M.S. ( 326B.148.
(D) Violations and penalties. A violation of the code is a misdemeanor (M.S. ( 326B.082, Subd. 16).
(E) Building code optional chapters. State Building Code, Chapter 1300 allows the city to adopt by reference and enforce certain optional chapters of the most current edition of the State Building Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for the city: none.
(Ord. 121, passed 2-8-2010)
COMPLETION OF BUILDINGS; EXTERIORS
( 151.15 PURPOSE.
It is hereby determined that the timely completion of building construction, maintenance of adequate exterior finishes on buildings, and proper maintenance of exterior property areas is necessary to avoid the creation of blighted, unsafe and unsanitary conditions within the city. The purpose of this subchapter is to protect the public health, safety and welfare of the citizens of the city, and to protect the character and stability of the properties within the city.
(Ord. 82, passed 8-18-1988)
( 151.16 COMPLETION OF CONSTRUCTION.
(A) All building construction, for which a valid zoning permit is required and has been issued in accordance with Chapter 156, shall be completed with one year of the date of permit issuance.
(B) An extension of up to six months may be granted by the Enforcement Officer upon a showing of hardship by the applicant and prior bonafide effort to complete the construction.
(Ord. 82, passed 8-18-1988)
( 151.17 USE OF BASEMENTS FOR RESIDENCES.
(A) No basement or building constructed wholly or partially below grade shall be occupied as a habitable dwelling unless it is specifically designed as an earth-sheltered, earth-bermed or underground dwelling in conformance with applicable state statutes.
(B) Exception: the basement of a single-family dwelling may be occupied while the dwelling is being constructed, provided construction is completed within the time period(s) specified in ( 151.16 above.
(Ord. 82, passed 8-18-1988)
( 151.18 EXTERIOR OF STRUCTURES.
The exterior of all buildings and accessory structures, including detached garages, shall be maintained in a workmanlike state of maintenance and repair, and shall comply with the following:
(A) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, falling or loose stucco, substantial amounts of peeling paint, or any other condition which might admit rain or dampness to the interior of the building;
(B) All exterior wood surfaces, other than naturally decay resistant woods, shall be protected from the elements and decay by paint which is not lead-based paint or by other approved protective covering or treatment, which shall be maintained in a neat and attractive manner: unprotected or uncovered building paper shall not be considered an approved protective covering or treatment;
(C) Every roof shall be structurally sound, tight and have no defects which might admit rain or dampness; and
(D) All doors and windows shall be maintained in good repair, fit reasonably well within their frames, and be free of open breaks or holes.
(Ord. 82, passed 8-18-1988)
( 151.19 EXTERIOR PROPERTY AREAS.
(A) All exterior property areas and vacant areas shall be landscaped with approved vegetative cover, such as grass, trees or shrubs, unless designed and used for vehicle or pedestrian parking and circulation, in which case approved surface material shall be applied in accordance with Chapter 156.
(B) The property areas shall further comply with the following minimum standards:
(1) Be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage, and free from any hazard or dangerous condition;
(2) Be graded and maintained to prevent the accumulation of stagnant water thereon, or within any building or structure located thereon; and
(3) Be kept free from species of weeds or plant growth, rodents, vermin or other pests which are noxious or detrimental to public health.
(Ord. 82, passed 8-18-1988)
( 151.20 VACATED STRUCTURES AND VACANT PROPERTIES.
(A) Generally.
(1) The owner of any dwelling which is unfit for human habitation, as determined by the Enforcement Officer in good faith, and the owner of any structure which has been vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety and welfare of the public, and does not constitute a public nuisance.
(2) Any such structure open at the doors and windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public, and a public nuisance within the meaning of this subchapter. The owner of vacant lands shall make the lands safe and secure by barricading or fencing the property or the like, or by placing the lands in their natural unimproved condition and removing all dangerous conditions.
(3) Upon failure of the owner to comply, the city may have the structure or vacant property made safe and secure, or remove the dangerous condition, and assess the cost to the owner in accordance with the procedures of M.S. (( 463.15 through 463.261.
(B) Rebuilding after natural disasters.
(1) A residence on lots that do not meet the present zoning regulation requirements would require a public hearing process. However, residences that have been substantially damaged by fire, wind or other natural disasters may be rebuilt by the owner applying for a zoning permit within six months.
(2) The zoning permit will be issued to allow rebuilding if the plans for replacement contain the same foundation dimensions in the original foundation location on the same site and lot(s).
(3) Residences that are to be rebuilt on nonconforming lots that contain different measurements or locations must apply for a conditional use permit.
(4) If the residence is damaged to the extent that there are openings unprotected from the weather, the owner shall immediately secure the openings by boarding up so the building is secure.
(5) Property vacated for six months may be considered abandoned by the City Council.
(Ord. 82, passed 8-18-1988; Ord. 110, passed 5-11-1998)
( 151.21 ENFORCEMENT OFFICER.
The City Council will appoint the Enforcement Officer, and it is the Enforcement Officer(s duty to enforce the provisions of this subchapter.
(Ord. 82, passed 8-18-1988)
( 151.22 INSPECTIONS.
(A) The Enforcement Officer shall be authorized to make or cause to be made inspections to determine the condition of structures and premises and vacant properties in order to safeguard the health, safety and welfare of the public.
(B) The Enforcement Officer, or his or her designated representative, shall, with the permission of the owner, be authorized to inspect any vacant areas and the exterior areas of any premises, and the interior areas of structures at any reasonable time for the purpose of performing his or her duties under this subchapter.
(C) If the owner, operator or person in possession of the structure shall refuse to consent to the inspection, and there is probable cause to believe that a violation exists on that premises, a search warrant may be obtained.
(Ord. 82, passed 8-18-1988)
( 151.23 COMPLIANCE ORDER (CITATION).
(A) Whenever the Enforcement Officer determines that any structure or the premises fail to meet the provisions of this subchapter, the Enforcement Officer may issue a compliance order setting forth the violations of the ordinance and ordering the owner, occupant, operator or agent to correct the violations.
(B) The compliance order shall:
(1) Be in writing;
(2) Describe the location and nature of the violations of this subchapter;
(3) Establish a time for the correction of the violation, which shall be at least ten days;
(4) Notify of ability to appeal to the City Council; and
(5) Be served upon the violator, either the owner, occupant, operator or agent. The notice shall be deemed to be properly served upon the violator if a copy thereof is:
(a) Served upon him or her personally; or
(b) Sent by registered or certified mail to that person(s last known address or to the property address.
(Ord. 82, passed 8-18-1988)
( 151.24 ISSUANCE OF CITATIONS.
(A) Designated officers, employees and independent contractors of the city who have discretionary duty to enforce an ordinance or statute, may pursuant to this section, issue citations whenever the officer, employee or independent contractor has probable cause to believe that the person cited has committed a misdemeanor which the officer, employee or independent contractor has a discretionary duty to enforce, and issue a notice to appear and release the person on his or her written promise to appear in court.
(B) The officer, employee or independent contractor shall deliver executed citations or notices to the City Clerk for filing with the court after review for legal sufficiency.
(C) No officer, employee or independent contractor shall be allowed by his or her superior to exercise the citation authority herein conveyed, unless the officer, employee or independent contractor has been designated by resolution of the City Council to exercise the citation authority as to specified misdemeanor violations.
(Ord. 82, passed 8-18-1988)
( 151.25 VARIANCE AND APPEALS.
(A) Appeals of interpretation or requests for a variance shall be made in writing to the City Council, and shall be filed with the City Clerk within ten days after receipt of the compliance order.
(B) The City Council in its discretion, may elect to hear appeals or requests for variances when made more that ten days after the receipt of the compliance order, but that action by the City Council is completely discretionary, and shall not delay or prevent criminal prosecution or other enforcement actions, unless the City Council grants the appeal or grants the variance prior to the completion of the enforcement activities.
(C) The City Council may grant variances in instances where the strict enforcement of this subchapter would cause undue hardship because of circumstances unique to the individual property under consideration, when it is demonstrated that the action will be in keeping with the spirit and intent of this subchapter.
(Ord. 82, passed 8-18-1988)
( 151.99 PENALTY.
Violation of any provision of this subchapter shall constitute a misdemeanor. Each day that a violation is allowed to exist shall constitute a separate offense after a reasonable time has been allowed to affect compliance.
(Ord. 82, passed 8-18-1988)
CHAPTER 152: MOBILE HOMES AND THE LIKE
Section
Use of Mobile Homes
152.01 General prohibition
152.02 Special exceptions
Mobile Home Park
152.15 Definitions
152.16 Procedures for obtaining permits
152.17 Site location
152.18 Design standards
152.19 Operation and maintenance
152.20 Development schedule
152.21 Final approval
152.99 Penalty
USE OF MOBILE HOMES
( 152.01 GENERAL PROHIBITION.
It shall be unlawful for any person, firm, corporation, association, organization, partnership, trust or company, to permit or maintain at any time a mobile home as defined in ( 152.15 below within the city limits, as permanent or temporary residence or place of business, unless the mobile home shall be located in licensed mobile home park.
(Ord. 51, passed 2-22-1978; Ord. 68, passed 12-13-1983) Penalty, see ( 152.99
( 152.02 SPECIAL EXCEPTIONS.
(A) Notwithstanding ( 152.01 above, any person may apply to the City Planning Commission for a special use exception permit based on hardship and/or need. Within 60 days of the application, the Planning Commission shall present to the City Council and give written notice to the applicant of its recommendations, including, but not limited to, exception/acceptance or rejection of the application, conditions as to use, length of use and building requirements.
(B) Applicant shall have 30 days to appeal the recommendations of the Planning Commission to the City Council. Within 45 days of the submission of the recommendations of the Planning Commission, the City Council may accept, reject or modify the recommendations of the Planning Commission by a majority vote whether or not the recommendations have been appealed. If the recommendations have been appealed, public notice shall be given of the time and place of a public hearing on the appeal as well as due notice to the party of interest, which appeal may be made part of any City Council meeting.
(C) No special use exception permit shall be issued unless or until a $20 application fee shall have been paid in full to the City Clerk, nor shall any action be taken on the proceedings before the Planning Commission unless or until the application fee has been paid in full.
(Ord. 51, passed 2-22-1978)
MOBILE HOME PARK
( 152.15 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOBILE HOME. A manufactured home that is less than 16 feet wide over at least 30 feet of its length in the erected mode, suitable for year round occupancy and containing the same water supply, waste disposal and electrical conveniences ass immobile housing and subject to tax or registration under state law, and having no foundation other than wheels, jacks or skirtings. Width measurement shall not take account of overhangs and other projections beyond the principal exterior walls.
MOBILE HOME PARK. A contiguous parcel of land which has been developed for the placement of no less than 20 mobile homes and is, and shall continue, under single ownership by an individual, a firm, trust, partnership, public or private association or corporation, hereinafter referred to as (park management,( who shall be responsible for maintenance, operation and control. The term MOBILE HOME PARK shall exclude the terms TOURIST CAMP or TRAILER CAMP.
(Ord. 52, passed 3-20-1978; Ord. 68, passed 12-13-1983)
( 152.16 PROCEDURES FOR OBTAINING PERMITS.
(A) A special use permit is required for the construction of a new mobile home park, or for an addition to an existing mobile home park, and may be issued by the City Council (Board of Supervisors) on land zoned residentially provided that application for the construction conforms to this section through ( 152.20 below, and also provides that final certification of compliance with all other state and local regulations be made by the Building Inspector as outlined in ( 152.21 below.
(B) Permit applications shall be submitted to the Zoning Officer with required fee and shall include the following items:
(1) Letter of application to include name and address of the applicant (park management), location and legal description of the proposed mobile home park, and proposed timetable for construction of individual phases (geographical area) of the park;
(2) Specifications list indicating compliance with design standards listed in ( 152.17 below and also indicating other features of the proposed facility; and
(3) Drawings of the proposed park showing, but not limited to the following items (three copies of each):
(a) An existing site drawing may be requested by the Planning Commission at a scale of not less than one inch equals 100 feet indicating location, size, topography contours (at five-foot intervals) and other prominent features (five copies);
(b) Proposed site plans drawn at a scale not less than one inch equals 100 feet indicating the area and dimensions of the tract of land, the number, location and size of all mobile home lots, the location and width of all roadways and walkways, and the location and size of recreation areas and public facilities and office buildings, and finish grade contour lines shown at no less than five-foot intervals;
(c) Utility plans shall include schematic indications of location directional flow of all water, sewers, gas and oil lines, and storm water drainage system (both surface and storm sewer drainage), and the location of electrical and telephone lines, and central fuel storage systems (five copies);
(d) A landscaping plan may be requested by the Planning Commission which may include information on or other ground cover areas, and other landscaping features which are either existing and are to remain, or are to be planted, and shall be indicated when proposed planting will occur;
(e) Detailed drawing of typical lots or clustering of lots shall indicate minimum front, rear and side yard setbacks, of mobile home units and location of storage facilities, sidewalks and parking areas, showing all dimensions; and
(f) Detailed drawing of typical street cross-sections shall indicate the crown of street curb construction, thickness and type of all materials used in street construction, and location of sidewalks and utility lines, showing all dimensions.
(Ord. 52, passed 3-20-1978)
( 152.17 SITE LOCATION.
(A) Mobile home parks, as legitimate housing developments of medium density, should be located in areas similar to conventional housing of that density.
(B) Moreover, mobile home parks, as well as all other new housing developments should be located within the boundaries of existing utility service areas.
(C) Consideration of the site location for a mobile home park shall include, but not be limited to, the following criteria:
(1) The park shall only be constructed in those areas which are presently or are programmed to be serviced by the necessary centrally provided public utilities;
(2) The park shall not be within 300 feet of land uses which are normally deemed incompatible with residential uses;
(3) If deemed appropriate and necessary, the applicant shall provide documentation showing that at the proposed park site normal daytime noise levels generated by neighboring land uses do not reach the threshold of hearing impairment (approximately 70 decibels) and/or normal peak noise levels from neighboring land uses do not meet or exceed 95 decibels;
(4) The park should be located within one-quarter mile of existing or programmed major auto and mass transit routes; and
(5) The park should be located so as to be either an extension of or an addition to an existing urban neighborhood and thus be adjacent to or within ready access of existing or programmed neighborhood lever amenities, such as shopping, services, schools and playgrounds/parks.
(Ord. 52, passed 3-20-1978)
( 152.18 DESIGN STANDARDS.
The following standards shall not abrogate or minimize other state, county or city regulations, and further, they shall be considered minimal, and under certain conditions the City Council may attach additional requirements.
(A) Site design. The site design will be reviewed on the basis of the degree to which the site design meets the following criteria:
(1) The site design shall retain the existing terrain, trees, shrubs and rock formations to the extent possible;
(2) Favorable views of outlooks shall be emphasized by the site design;
(3) A rigid gridiron street pattern shall be discouraged;
(4) A single, rigid pattern of unit positioning shall be discouraged;
(5) Individual units should not have direct access to main traffic bearing streets but, instead, the use of cul-de-sacs, semicircle drives and the like is encouraged;
(6) Clustering of a small number of units in order to create useable open space, courtyards and the like is encouraged;
(7) Open space areas shall be arranged so as to create a variety of interest, avoid visual monotony, provide buffer zones between groups of units and/or various sections of the park, and to provide ready access to open space areas by each unit in the park; and
(8) There shall be evidence of attempts to reasonably consolidate parking spaces into small lots, central garbage canisters, bulk storage and the like, so as to reduce crowding, increase efficiency, minimize unnecessary duplication and to increase the esthetic appeal of the park.
(B) Density. It is the intent of these regulations to encourage the provision of self-contained open spaces, recreation areas and useable open spaces with a mobile home park. Therefore, the maximum dwelling unit density shall be computed on the basis of units (lots) per gross acre equal to the densities of the zoning districts in which mobile home parks are located. Following maximum densities shall be complied with:
| | |
|Zoning District |Maximum Number of Mobile Home Units or Lots per Gross Acre (Including Streets, Recreation Areas, Common Open Spaces and|
| |the Like) |
| | |
|R-1 |5.5 |
| | |
|R-2 |6.5 |
| | |
|All other districts |Not permissible |
(C) Setbacks, buffer strips and screening.
(1) All mobile homes shall be located at least 65 feet from any mobile home park property boundary line abutting upon a public street or highway and at least 50 feet from other park property boundary lines.
(2) There shall be a minimum distance of 15 feet between the mobile home stand and abutting internal streets, but in no case shall there be less that 58 feet between units located on opposite sides or park street.
(3) Mobile homes shall be separated from each other and from other buildings and structures by at least 12 feet. Structures such as awnings, porches and the like, which are attached to the mobile home, shall for purposes of separation requirements, be considered a part of the mobile home.
(4) All mobile home parks located adjacent to industrial or commercial land uses shall be provided. In addition, a visual barrier such as fences, natural growth (hedges), or plantings (trees) along the property boundary lines separating the park and the adjacent nonresidential uses shall be provided. Detailed drawings of the screening shall be included in the landscaping plan indicated in ( 152.16(B)(3)(d). These details shall include spacing, species, size of planting and the like.
(5) The plantings shall be of evergreen variety.
(D) Recreational areas. There shall be one or more usable recreation areas which shall be easily accessible to all park residents. The size of the recreation areas shall be based upon a minimum of 10% of the total site area. Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located. General common green areas which connect usable recreational areas and which are in addition to usable recreation areas also are encouraged. The number and type of play apparatus and other recreation equipment shall be itemized.
(E) Ground cover and landscaping requirements.
(1) Exposed ground surfaces in all parts of the mobile home park shall be paved, or covered with stone screening, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.
(2) Objectionable views, such as laundry drying yards, garbage and trash collection stations, and parking areas, should be screened to improve the attractiveness of the park. Visual screens for this purpose shall include wooden fences at least six feet tall, growths of evergreen and/or deciduous trees, hedges and the like.
(3) Deciduous trees at least 12 feet tall and/or evergreen trees three feet tall must be planted approximately every 50 feet on both sides of all park streets.
(4) As sited in division (C) above, all existing trees should be incorporated into the site design to the extent possible. These trees may be used to fulfill the other landscaping requirements.
(F) Surface water drainage. The ground surface in all parts of any mobile home park shall be graded and equipped to drain all surface water in a controlled, efficient manner. The utility plans shall indicate the method and direction of drainage.
(G) Street system and car parking.
(1) Entrances and emergency exits to mobile home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street. Entrance street width shall be at least 34 feet and preferably wider, with a center median strip. If only one access is provided, an emergency assess should be provided. Emergency exits shall be provided with collapsible-type barriers to prevent through traffic, but allow emergency passage.
(2) Internal streets shall be provided on the site where necessary to furnish convenient access to the mobile home stands and other important facilities on the property, but through-traffic streets should be minimized. Streets shall be privately owned. Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case, shall meet the following minimum width requirements:
(a) Collector streets: (carry major flow of traffic within park): parking allowed on one side only: 28 feet;
(b) Minor streets: parking allowed on one side only: 28 feet; parking allowed on both sides: 36 feet; and
(c) Dead-end streets (cul-de-sacs) shall be limited in length to 400 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 100 feet.
(3) Off-street parking areas or on-street parking lanes shall be provided for the use of park occupants and guests at a minimum of 12 spaces for each mobile home lot. The spaces shall be located within 150 feet of the unit served, and off-street parking shall be set back at least as far as the minimum setback of mobile home units. As listed in this section there should be an attempt to consolidate parking into lots of roughly ten spaces (capable of servicing six mobile homes). A separate screened storage area is encouraged for the parking of boats, trailers, campers or other similar vehicles.
(4) All streets shall be provided with a smooth, hard and dense surface of concrete or blacktopped, which shall be durable and well drained under normal use and weather conditions. Pavement edges shall be curbed to protect pavement and adjacent lawn areas. The city shall review street cross-section drawings and shall determine that the construction is reasonably durable. Grades of all streets shall be sufficient to ensure adequate surface drainage, but shall not be more than 10%. Within 100 feet of an intersection, streets shall be at approximately right angles. A distance of at least 150 feet shall be maintained between center lines of offset intersection streets. Intersections of more than two streets at one point shall be avoided.
(5) Street names shall conform to the system utilized in the neighborhood where the mobile home park is located and address numbers shall be established by the City Building Inspector and/or Planning Commission.
(H) Illumination of street system. All streets shall be furnished with lighting units so spaced and equipped with luminaries placed at the mounting heights as will provide an average maintained level of no less that 0.1 foot candle, and at potentially hazardous locations, such as major street intersections and steps or ramps, a minimum of 0.3 foot candle
(I) Walkways. A contiguous common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated, and on at least one side of all streets. Common walks adjacent to streets shall have a minimum width of 32 feet. All mobile home stands shall be connected by sidewalks to common walks, to paved stress, or to paved driveways or parking spaces, and shall have a minimum width of two feet.
(J) Mobile home stands. Mobile home stands shall be constructed of asphalt or concrete so as to provide adequate support for the placement and tie-down of the mobile home unit, thereby securing the superstructure against uplift, sliding, rotation and overturning. Each anchor or tie-down shall be able to sustain a minimum tensile strength of 2,800 pounds. The area between any mobile home and the ground shall be surrounded by a skirting of sufficient construction as to be stable and attractive in appearance.
(K) Lot markers. The limits of each mobile home lot shall be clearly marked on the ground by permanent flush markers or other suitable means.
(L) Utilities and easements.
(1) The design and construction of all utilities shall be in conformance with all applicable codes, and the special use permit shall not be in effect until detailed design is certified as outlined in ( 152.21 below.
(2) In addition to requirements of other state and local laws, all utility service lines shall be located underground within the mobile home park.
(3) The specifications list, as indicated in ( 152.16, should indicate utility development as to whether private or public.
(4) Adequate utility easements should be provided, and public access must be guaranteed by either granting of public easement over all streets or by filed agreement as in ( 152.21(B)(4) below.
(M) Community service buildings. Community service buildings such as laundry, recreation, storage, offices and the like, shall be constructed as needed in a permanent manner subject to city building codes and approval of the Building Inspector.
(N) Fuel storage. All fuel oil and petroleum gas containers shall be permanently installed and securely fastened in place, and screened or located in a safe location or manner.
(Ord. 52, passed 3-20-1978)
( 152.19 OPERATION AND MAINTENANCE.
(A) Permanency of units. No space shall be rented for residential use of a mobile home in any such park except for periods of 30 days or more, and no mobile home shall be admitted to any park unless it can be demonstrated that it meets the requirements of state codes.
(B) Refuse handling. All refuse shall be stored in fly tight, watertight, rodent-proof containers, which shall be located not more than 150 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse. Collection stands shall be provided for all refuse containers, and shall be so designed as to prevent spillage and container deterioration and to facilitate cleansing around them. The refuse areas shall be screened in an attractive manner. All refuse which contains garbage shall be collected at regular intervals.
(C) Roadways and sidewalks. Roadways and sidewalks shall be maintained in a neat and attractive manner, and snow accumulating thereon shall be removed as soon thereafter as it is reasonably practicable in order to insure passage by motor vehicles and pedestrians.
(D) The park management. The park management shall operate the park in compliance with this subchapter and in accord with the following restrictions:
(1) The park management shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition;
(2) Rental of lots within the park shall not be restricted to those renters who have purchased their mobile homes from the owners of the park;
(3) The park management is hereby forbidden to enter a mobile home which he or she does not own on his or her lot without the prior approval of the owner of the mobile home, except in instances of emergency where the mobile home, the lot and/or adjacent property may be damaged; and
(4) The park management is hereby forbidden to enter into or upon a rented lot without the prior approval of the lessee, except in instances of emergency which endanger the lot, the mobile home occupying it and/or adjacent property, or at reasonable times for necessary repairs.
(Ord. 52, passed 3-20-1978)
( 152.20 DEVELOPMENT SCHEDULE.
Development should proceed in orderly phases, and the minimum number of spaces completed and ready for occupancy before first occupancy is permitted shall be not less than 20. New parks should be large enough to comprise small (neighborhoods(, supporting needed facilities and management. All streets, landscaping and recreation areas of a given development phase shall be constructed within one year of the initial occupancy of that phase.
(Ord. 52, passed 3-20-1978)
( 152.21 FINAL APPROVAL.
(A) Upon approval of a special use permit by Council (Board of Supervisors) resolution, an applicant should commence preparation of detailed drawings which are necessary for acquisition of other state and local permits.
(B) The Building Inspector will issue a use permit and construction may commence only after receiving certification that the following are accomplished:
(1) All required state permits and licenses are received by the applicant;
(2) The City Fire Marshal has reviewed and approved planned provisions of all hydrants, extinguishers and other fire prevention equipment as well as central fuel storage facilities;
(3) Required utility easements have been established;
(4) Public access over streets and pathways is guaranteed by either:
(a) Establishment of public easements over all roadways and pathways; or
(b) An agreement being filed with the title to the property, the agreement running with the land and stating that the roadways and pathways shall have access by the public and that no means of denying ingress or egress from the roadways or pathways shall be utilized.
(5) A corporate surety (performance) bond, as approved by the City Attorney, will be executed and filed with the City Clerk, the bond to be executed by a corporate surety authorized to transact business in the state as a corporate surety, in an amount to be fixed by the City Council, but not less than $1,000 per mobile home park, conditional upon the due and faithful performance by the principal named in the bond shall be determined by the Council after recommendation by the Planning Commission. In lieu of the bond, a cash deposit may be accepted by the city; and
(6) The fee for a mobile home park special use permit shall be $50 to $25 for revisions.
(Ord. 52, passed 3-20-1978)
( 152.99 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ( 10.99.
(B) Any person violating any provision of (( 152.01 or 152.02 shall, upon conviction, be guilty of a misdemeanor. Each day the violation continues shall constitute a separate offense.
(Ord. 51, passed 2-22-1978)
CHAPTER 153: WETLANDS CONSERVATION
Section
153.01 Purpose
153.02 Incorporation by reference
153.03 Scope
153.04 Enforcement
153.05 Fees
153.99 Penalty
( 153.01 PURPOSE.
This chapter is adopted to implement the Wetlands Conservation Act of 1991, (Minnesota Laws 1991, Chapter 354, as may be amended from time to time), and the accompanying rules of the State Board of Water and Soil Resources (Minn. Rules Chapter 8420, as amended).
(Ord. 92, passed 2-14-1994) Penalty, see ( 153.99
( 153.02 INCORPORATION BY REFERENCE.
(A) This chapter incorporates by reference the Act and the Rules.
(B) Terms used in this chapter which are defined in the Act or the Rules have the meanings given there.
(Ord. 92, passed 2-14-1994)
( 153.03 SCOPE.
(A) This chapter regulates the draining and filling of wetlands and parts of wetlands within the city. It is part of the official controls of the city.
(B) Conflicts with other official controls must be resolved in favor of providing the most wetland protection.
(Ord. 92, passed 2-14-1994)
( 153.04 ENFORCEMENT.
This chapter shall be administered on behalf of the city by the county and enforced by the County Planning and Zoning Administrator, who is hereby designated the enforcing officer. In the event of a violation or a threatened violation of this chapter, the Planning and Zoning Administrator, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct or abate the violations or threatened violations.
(Ord. 92, passed 2-14-1994)
( 153.05 FEES.
(A) The following fee schedule shall be used when issuing wetlands mitigation permits. The fees shall be submitted to the County Treasurer by the Planning and Zoning Administrator on a daily basis. The county will retain the fees to help cover administrative expenses.
| | |
|Wetlands mitigation permit |$75 |
| | |
|Exemption |$10 |
(B) If a wetlands mitigation permit cannot be issued or the mitigation does not commence within one year of the date of issuance, the fee shall be forfeited to the county.
(Ord. 92, passed 2-14-1994)
( 153.99 PENALTY.
Any person, firm or corporation who shall violate any of the provisions hereof, or who shall fail to comply with any of the provisions hereof or who shall make any false statement in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by state law for misdemeanor offenses. Each day that a violation continues shall constitute a separate offense.
(Ord. 92, passed 2-14-1994)
CHAPTER 154: FLOODPLAIN MANAGEMENT
Section
154.01 Authorization, findings of fact, purpose and liability
154.02 General provisions
154.03 Definitions
154.04 Conflict with pre-existing zoning regulations and general compliance
154.05 Permitted uses, standards and floodplain evaluation criteria
154.06 Utilities, railroads and bridges in the Floodplain District
154.07 Subdivisions
154.08 Administration
154.09 Variances
154.10 Nonconformities
154.11 Amendments
154.12 Travel trailers and travel vehicles
154.99 Penalty
( 154.01 AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND LIABILITY.
(A) Statutory authorization.
(1) The legislature of the state has in M.S. Chapters 104 and Chapter (394 for counties or 462 for municipalities) delegated the authority to local governmental units to adopt regulations designed to minimize flood losses.
(2) M.S. Chapter 104 further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore, the city does ordain as follows.
(B) Statement of purpose. The purpose of this chapter is to maintain the community(s eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(C) Warning of disclaimer of liability. This chapter does not imply that areas outside of the floodplain district or land uses permitted within those districts will be free from flooding and flood damages. this chapter shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decisions lawfully made thereunder.
(Ord. 88A, passed 5-14-1990)
( 154.02 GENERAL PROVISIONS.
(A) Adoption of flood insurance rate map. The flood insurance rate map for the city, dated September 4, 1985, developed by the Federal Emergency Management Agency is hereby adopted by reference as the official floodplain zoning district map and made a part of this chapter.
(B) Lands to which chapter applies. this chapter shall apply to all lands designated as floodplain within the jurisdiction of the city.
(C) Interpretation.
(1) The boundaries of the floodplain district shall be determined by scaling distances on the official floodplain zoning district map.
(2) Where interpretation is needed as to the exact location of the boundaries of the floodplain district, the city shall make the necessary interpretation based on elevations on the regional (100-year) flood profile, if available.
(3) If 100-year flood elevations are not available, the community shall:
(a) Require a floodplain evaluation consistent with ( 154.05(C) below to determine a 100-year flood elevation for the site; or
(b) Base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the floodplain.
(Ord. 88A, passed 5-14-1990)
( 154.03 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
FLOOD FRINGE. The portion of the floodplain outside of the floodway.
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.
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.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across or projecting into any channel, watercourse, lake bed or regulatory floodplain which may impede, retard or change the direction of flow, either in itself or by catching or collecting debris carried by flood water.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in magnitude of the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in the flood insurance rate map.
REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in ( 154.12(A) below, and other similar items.
(Ord. 88A, passed 5-14-1990)
( 154.04 CONFLICT WITH PRE-EXISTING ZONING REGULATIONS AND GENERAL
COMPLIANCE.
(A) The Floodplain District as Overlay Zoning District. The floodplain zoning district shall be considered an overlay zoning district to all existing land use regulations of the community. The uses permitted in (( 154.05 and 154.06 below shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this chapter shall apply in addition to other legally established regulations of the community and where this chapter imposes greater restrictions, the provisions of this chapter shall apply.
(B) Compliance. No new structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdictions of this chapter. Within the floodway and flood fringe, all uses not listed as permitted uses in ( 154.05 below shall be prohibited. In addition, a caution is provided here that:
(1) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this chapter and specifically (( 154.05 and 154.12 below;
(2) Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this chapter and specifically ( 154.10 below; and
(3) As-built elevations for elevated structures must be certified by ground surveys as stated in ( 154.08 below.
(Ord. 88A, passed 5-14-1990)
( 154.05 PERMITTED USES, STANDARDS AND FLOODPLAIN EVALUATION CRITERIA.
(A) Permitted uses in the floodplain. The following uses of land are permitted uses in the floodplain district:
(1) Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure or an obstruction to flood flows such as fill, excavation or storage of materials or equipment;
(2) Any use of land involving the construction of new structures, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure or obstructions such as fill or storage of materials or equipment, provided these activities are located in the flood fringe portion of the floodplain. These uses shall be subject to the development standards in ( 154.05(B) below and the floodplain evaluation criteria in division (C) below for determining floodway and flood fringe boundaries; and
(3) Travel trailers and travel vehicles are requested by ( 154.12 below.
(B) Standards for floodplain permitted uses.
(1) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA(s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(2) Storage of materials and equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited; and
(b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation.
(3) No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system.
(4) All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the basement floor, or first floor if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation must be no lower than one foot below the regulatory flood protection elevation and shall extend at that elevation at least 15 feet beyond the limits of the structure constructed thereon.
(5) Uses that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the floodplain shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist.
(6) Accessory land uses, such as yards, railroad tracks and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for the facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood.
(7) On-site sewage treatment and water supply systems: where public utilities are not provided:
(a) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and
(b) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state(s current statewide standards for on-site sewage treatment: systems shall be determined to be in compliance with this section.
(8) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frames ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
(C) Floodplain evaluation.
(1) Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the floodplain district, the city shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development and whether the proposed use is located in the floodway or flood fringe and the regulatory flood protection elevation for the site. Procedures consistent with Minn. Rules 1983 parts 6120.5600 (Technical Standards and Requirements For Floodplain Evaluation) and 6120.5700 (Minimum Floodplain Management Standards for Local Ordinances) shall be followed during the technical evaluation and review of the development proposal.
(2) The city shall submit one copy of all information required by division (C)(1) above to the respective Department of Natural Resources( Area Hydrologist for review and comment at least 20 days prior to the granting of a permit or manufactured home park development/subdivision approval by the community. The city shall notify the respective Department of Natural Resources Area Hydrologist within ten days after a permit or manufactured home park development/subdivision approval is granted.
(Ord. 88A, passed 5-14-1990)
( 154.06 UTILITIES, RAILROADS, ROADS AND BRIDGES IN THE FLOODPLAIN
DISTRICT.
All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed in accordance with state floodplain management standards contained in Minn. Rules 1983 parts 6120.5000 through 6120.6200.
(Ord. 88A, passed 5-14-1990)
( 154.07 SUBDIVISIONS.
(A) No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the city for reason of flooding inadequate drainage, water supply or sewage treatment facilities. The city shall review the subdivision/development proposal to insure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities.
(B) In the Floodplain District, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in ( 154.05(C)(1) above. The city shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in (( 154.05(B) and (C) and 154.06 above.
(C) For all subdivisions in the floodplain, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
(D) The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA(s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(E) This section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary floodplain management provisions.
(Ord. 88A, passed 5-14-1990)
( 154.08 ADMINISTRATION.
(A) Permit required. A permit issued by the city shall be secured prior to the construction, addition or alteration of any building or structure; prior to the use or change of use of a building, structure or land; prior to the change or extension of a nonconforming use; and prior to excavation or the placement of an obstruction within the floodplain.
(B) State and federal permits. Prior to granting a permit or processing an application for a variance, the city shall determine that the applicant has obtained all necessary state and federal permits.
(C) Certification of lowest flood elevations. The applicant shall be required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. The city shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the floodplain district.
(Ord. 88A, passed 5-14-1990)
( 154.09 VARIANCES.
(A) A variance means a modification of a specific permitted development standard required in an official control including this chapter to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community(s respective planning and zoning enabling legislation.
(B) The Board may authorize upon appeal in specific cases relief or variance from the terms of this chapter as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of the variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance.
(C) Variances from the provisions of this chapter may be authorized where the Board of Adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this chapter. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection then the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection.
(D) The Board shall submit by mall to the Commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the Commissioner of Natural Resources within ten days of that action.
(E) Appeals from any decision of the Board may be made, and as specified in this community(s official controls and also Minnesota Statutes.
(F) (1) The Zoning Administrator shall notify the applicant for a variance that:
(a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(b) The construction below the 100-year or regional flood level increases risks to life and property.
(2) The notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report the variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
(Ord. 88A, passed 5-14-1990)
( 154.10 NONCONFORMITIES.
A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:
(A) No use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity;
(B) An alteration within the inside dimensions of a nonconforming use or structure is permissible provided it will not result in increasing the flood damage potential of that use or structure;
(C) The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure over the life of the structure shall not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community(s initial floodplain controls must be calculated into today(s current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50% of the current market value of the structure, then the structure must meet the standards of ( 154.05 above for new structures; and
(D) If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of 50% or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. The city may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this chapter.
(Ord. 88A, passed 5-14-1990)
( 154.11 AMENDMENTS.
(A) All amendments to this chapter, including revisions to the official floodplain zoning district map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption.
(B) The floodplain designation on the official floodplain zoning district map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the floodplain.
(C) Changes in the official zoning map must meet the Federal Emergency Management Agency(s (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption.
(D) The Commissioner of Natural Resources must be given ten days( written notice of all hearings to consider an amendment to this chapter and the notice shall include a draft of the ordinance amendment or technical study under consideration.
(Ord. 88A, passed 5-14-1990)
( 154.12 TRAVEL TRAILERS AND TRAVEL VEHICLES.
Travel trailers and travel vehicles that do not meet the exemption criteria specified in division (A) below shall be subject to the provisions of this chapter and as specifically spelled out in divisions (C) and (D) below.
(A) Travel trailers and travel vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in division (B) below and further they meet the following criteria:
(1) Have current licenses required for highway use;
(2) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it; and
(3) The travel trailer or travel vehicle and associated use must be permissible in any preexisting, underlying zoning use district.
(B) Areas exempted for placement of travel/recreational vehicles:
(1) Individual lots or parcels of record;
(2) Existing commercial recreational vehicle parks or campgrounds; and
(3) Existing condominium type associations.
(C) Travel trailers and travel vehicles exempted in division (A) above lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in ( 154.05 above.
(D) New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following:
(1) Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe districts provided the trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation determined in accordance with the provisions of ( 154.05(C) above and proper elevated road access to the site exists in accordance with ( 154.05 above. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood; and
(2) All new or replacement travel trailers or travel vehicles not meeting the criteria of division (D)(1) above may, as an alternative, be allowed if in accordance with the following provisions.
(a) The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood.
(b) The plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation.
(c) All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with ( 154.05(B)(7) above.
(Ord. 88A, passed 5-14-1990)
( 154.99 PENALTY.
A violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance shall constitute a misdemeanor.
(A) In responding to a suspected ordinance violation, the Zoning Administrator and local government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
(B) When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources( and Federal Emergency Management Agency Regional Office along with the community(s plan of action to correct the violation to the degree possible.
(C) The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Zoning Administrator may either:
(1) Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or
(2) Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.
(D) If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.
(Ord. 88A, passed 5-14-1990)
CHAPTER 155: SUBDIVISION REGULATIONS
Section
General Provisions
155.001 Title
155.002 Administration
155.003 Purpose
155.004 Jurisdiction
155.005 Planned unit developments encouraged; rules may be modified
155.006 Amendments and conditions
155.007 Resubdivision of land and vacation of plats
155.008 Other general provisions
155.009 Definitions
155.010 Amendments
Procedure for Subdivision Approval
155.020 Pre-application meeting required
155.021 Pre-application sketch content
155.022 Preliminary plat required
155.023 Submission to MN/DOT District Director
155.024 Application for tentative approval
155.025 Preliminary plat
155.026 Preliminary plat contents
155.027 Supplementary information
155.028 Filing the preliminary plat
155.029 Public hearing
155.030 Approval of preliminary plat
155.031 Approval required
155.032 Final plat required
155.033 Application for final plat approval
155.034 Final plat form and content
155.035 Filing of final plat
155.036 Approval of final plat
Subdivision Design Standards
155.050 Introduction
155.051 Conformity to Land Use Plan and Zoning Code
155.052 Land suitability
155.053 Street design; standards
155.054 Horizontal alignment
155.055 Vertical alignment
155.056 Intersection design standards
155.057 Blocks
155.058 Arrangement of lots
155.059 Lot drainage
155.060 Dedication of drainage easement
155.061 Water facilities
155.062 Sewage requirements
155.063 Public land uses
155.064 Nonresidential subdivision
155.065 Easements
Requirements for Construction Improvements
155.075 General requirements
155.076 Markers, monuments and pins
Hillside Regulations
155.090 General
155.091 Determination of average slope
155.092 Grading plan requirement
Procedures for Obtaining Variations from Requirements
155.105 General
155.106 Determination of variations
Procedures for Processing Final Plats
155.120 General
155.121 Inspection fee
155.122 Endorsement of health authorities
155.123 Vested rights
155.124 Reports
155.125 City action on final plat
Assurance for Completion and Maintenance of Improvements
155.135 General
155.136 Surety of performance bond
155.137 Inspection of improvements
155.138 Deferral of waiver of required improvements
155.139 Consumer protection legislation and conflict of interest statutes
155.999 Penalty
GENERAL PROVISIONS
( 155.001 TITLE.
These regulations shall be known and may be cited and referred to as the (Subdivision/Platting Regulations of the City of Barnum, Minnesota(, and may hereafter be referred to as (these regulations(.
(Ord. 54, passed 6-27-1978)
( 155.002 ADMINISTRATION.
These regulations shall be administered by the City Planning Commission as an advisory body to the City Council, who shall render all final decisions on subdivision/platting matters.
(Ord. 54, passed 6-27-1978)
( 155.003 PURPOSE.
Every new sub becomes a permanent unit in the basic physical layout of the community. In order to provide rational means for city expansion, and in order that new subdivisions will contribute toward an attractive, orderly and stable community, to provide for adequate city services and utilities, safe streets and the like, all subdivisions hereafter platted within the city shall fully comply with the regulations hereinafter set forth in this chapter.
(Ord. 54, passed 6-27-1978)
( 155.004 JURISDICTION.
(A) These regulations shall be applicable to all subdivisions of land within the city. The City Council and Planning Commission shall review all plats and subdivision proposals in accordance with policies set forth in the City Land Use (Policy) Plan.
(B) Except in the case of resubdivision, these regulations shall not apply to any other lots forming a part of a subdivision recorded in the County Recorder(s office prior to the effective date of this chapter, nor is it intended by this chapter to repeal, annul or in any way impair or interfere with existing provisions of other laws or ordinance except those specifically repealed by, or in conflict with, this chapter, or with private restrictions placed upon a property by deed, covenant or other private agreement, or with restrictive covenants placed upon the land. Where this chapter places a greater restriction upon the land than is imposed or required by the existing provisions of the law, ordinance, contract or deed, the provisions of this chapter shall control.
(Ord. 54, passed 6-27-1978)
( 155.005 PLANNED UNIT DEVELOPMENTS ENCOURAGED; RULES MAY BE MODIFIED.
In subdivision proposals of a larger scale, the planned unit development (PUD) approach is greatly encouraged. These regulations may be modified by the degree necessary to accomplish the objectives and standards required for the planned unit development of residential, commercial or industrial subdivision, or a mixture thereof, in accordance with the intent of the city land use plan as interpreted by the Planning Commission and appropriate state agencies where applicable. Nothing within this section, however shall exempt the developer from the requirements of the subdivision/plat approval as specified in (( 155.020 through 155.036 below.
(Ord. 54, passed 6-27-1978)
( 155.006 AMENDMENTS AND CONDITIONS
(A) For the purpose of providing the public health, safety and general welfare, the City Council may from time to time amend the provisions imposed by these regulations. Public hearings on all proposed amendments shall be held by the Planning Commission in a manner prescribed by law.
(B) Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to this municipality. The developer had the duty of compliance with reasonable conditions laid down by the Planning Commission for design, dedication, improvement and restrictive use of the land so as to conform to a rational pattern for physical and economical development of the municipality, and to the safety and general welfare of future plot owners in the subdivision and of the community at large.
(Ord. 54, passed 6-27-1978)
( 155.007 RESUBDIVISION OF LAND AND VACATION OF PLATS.
(A) For any change in a map of an approved or recorded subdivision plat, if the change affects any street layout shown on the maps, or area reserved thereon for public use, or any lot line, or if it affects any map or plan legally reached prior to the adoption of any regulations controlling subdivision, the parcel shall be approved by the Planning Commission by the same procedures, rules and regulations as for a subdivision.
(B) Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that the lots will eventually be re-subdivided into small building sites, the Planning Commission may require that the parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of the streets may be made a requirement of the plat.
(C) Any plat or any part of any plat may be vacated by the owner of the premises, at any time before the sale of any lot therein, by a written instrument, to which a copy of the plat shall be attached, declaring the same to be vacated. Such an instrument shall be approved by the City Council in a like manner as plats of subdivisions. The City Council may reject any like instrument which abridges or destroys any public uses, improvements, streets or alleys.
(D) Such an instrument shall be executed, acknowledged or approved and recorded or filed, in like manner as plats of subdivisions; and being duly recorded of filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys and public grounds, and all dedications laid out or so prescribed in the plat.
(Ord. 54, passed 6-27-1978)
( 155.008 OTHER GENERAL PROVISIONS.
(A) Land to be subdivision shall be of such a character that it can be used safely for building purposes without danger from natural hazards such as flood, fire and the like, and land shall not be subdivision until public facilities and improvements have been tentatively planned for and reviewed by the City Engineer and Planning Commission.
(B) It is intended that the scope and authorities accruing from this chapter shall supplement and facilitate the enforcement of provisions and standards contained in the City Building Code Zoning Ordinance, Land Use Plan, official map and capital budget and capital improvements program for the city.
(Ord. 54, passed 6-27-1978)
( 155.009 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. See THOROUGHFARE.
ATTORNEY. The City Attorney; his or her designated representative
BUILDING LINE. See SETBACK LINE.
CITY. The City of Barnum, Minnesota
CITY COUNCIL. The City Council of Barnum, Minnesota
CLERK. The City Clerk of Barnum, Minnesota; or his or her designated representative
CLUSTER DEVELOPMENT. A subdivision development planned and constructed so as to group housing units into relatively dense patterns while providing a unified net work of open space and wooded areas.
COMMISSION. The Planning Commission of Barnum, Minnesota.
COMMISSIONER OF TRANSPORTATION. The Commissioner of the State Department of Transportation.
COMPREHENSIVE LAND USE (POLICY) PLAN. A plan, or any portions thereof, recommended by the Planning Commission and adopted by the city, showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major streets, parks, schools and other community facilities. This PLAN also establishes the goals, policies and objectivity of the community.
CORNER LOTS. See LOT TYPES.
CUL-DE-SAC. A permanent street terminating at one end without connecting with any other road and designed so that it cannot be extended further without taking property not dedicated as a street.
CULVERT. A transverse drain that channels under a bridge, street or driveway.
DEAD END STREET. See THOROUGHFARE.
DEVELOPER. Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or herself or for another.
DWELLING UNIT. Space, within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by one family and its household employees.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
ENGINEER. Any person registered to practice professional engineering by the State Board or Registration as specified.
IMPROVEMENTS. Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, utility lines, landscaping and other related matters and conveyances normally associated with the development of open land into building sites.
LOT. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide yards and other open spaces as are herein required. LOT includes the words PLOT or PARCEL. The LOT shall have frontage on a public street, or on an approved private street, and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record; and/or
(3) A combination of complete lots of record, and portion of lots of records, or of portions of lots of record.
LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered FRONTAGE and yards shall be provided as indicated under yards in this section.
LOT MEASUREMENTS. A lot shall be measured as follows.
(1) DEPTH OF A LOT shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot liens in the rear.
(2) WIDTH OF A LOT shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line; provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width.
LOT, MINIMUM AREA OF. The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES. Terminology used in these regulations with reference to corner lots, interior lots and through lots is as follows.
(1) CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
(2) INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
(3) THROUGH LOT. A lot other than a corner lot with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as DOUBLE FRONTAGE LOTS.
(4) REVERSED FRONTAGE LOT. A lot on which frontage is at right angles to the general pattern in the area. A REVERSED FRONTAGE LOT may also be a CORNER LOT.
MAJOR THOROUGHFARE PLAN. The section within the Comprehensive Land Use Plan indicating the general location recommended for arterial, collector and local thoroughfares within the corporate limits of the city and/or unincorporated areas within two miles thereof.
MINOR SUBDIVISION. Any subdivision containing not more than three lots fronting on an existing street, not involving any public streets or road, or the extension of municipal utilities or other improvements, and not in conflict with any provision or portion of the City Land Use Plan or other ordinances or regulations.
MONUMENTS. Permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment.
OUTLOT. Any lot which does not abut a public way and which may be served access by a private road, driveway or other means of ingress and egress.
PARKING SPACE, OFF-STREET. For the purpose of these regulations, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
PERFORMANCE BOND or SURETY BOND. An agreement by a subdivider or developer with the city for an amount specified by the city which guarantees completion of physical improvements according to plans and specification within the time prescribed as part of the agreement.
PERSON. Includes a firm, association, organization, trust, company or corporation as well as an individual.
PLANNED UNIT DEVELOPMENT. An area of land in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a preplanned environment, with allowances as deemed acceptable by the Planning Commission for more flexible standards, such as lot sizes and setbacks and the like. The procedure for approval of the development may contain requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
PLAT (FINAL). The subdivision plat which is approved by the Planning Commission and City Council; then submitted to the County Recorder for filing.
PLAT (PRELIMINARY). The map, drawings or chart on which the developers plan of subdivision (preliminary) is presented to the City Planning Commission for approval.
PRIVATE STREET OR WAY. A street, ditch or access way not in the public domain which is used by one or more private property owners for uses incidental to the conduct of activities on the property.
PROTECTIVE COVENANT. Contract between private parties which may be more restrictive than other officially adopted ordinance, with the view of preserving and protecting the physical and economic integrity of any given area.
PUBLIC WAY. An alley, avenue, boulevard, bridge, channel, ditch, easement, freeway, highway, land, parkway, right-of-way, road sidewalk, street or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the width of the median, it normally includes such features as curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
SETBACK LINE. The distance between a building and the street line nearest thereto.
SEWERS, CENTRAL OR GROUP. An approved sewage disposal system which provided a collection network and a disposal system and central sewage treatment facility for a single development, community or region.
SEWERS, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health, and sanitation authorities having jurisdiction.
SHALL. Mandatory requirement; the word MAY is a permissive requirement and the word SHOULD is a permissive requirement.
SIDEWALKS. The portion of the road right-of-way outside the roadway, which is improved for pedestrian traffic.
STAGED DEVELOPMENT. Improvements to property made incrementally, usually according to a timetable.
SUBDIVIDER. See DEVELOPER.
SUBDIVISION. Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease or development, either on an installment plan or upon any and all other plans, terms and conditions, including resubdivision. SUBDIVISION includes the division or development of residential and non-residential zoned land, whether by deed, metes and bound description, devise, intestacy, lease, map, plot or other recorded instrument.
SURVEYOR. Any person registered to practice land surveying in the state.
TERRAIN CLASSIFICATION. Terrain within the entire area of the preliminary plat is classified as lever, rolling, hilly or hillside for street design purposes. The classifications are as follows.
(1) HILLSIDE. Land which has a cross slope range of more than 12%.
(2) HILLY. Land which has a cross slope range of more than 8% but not more than 12%.
(3) LEVEL. Land which has a cross slope range of 4% or less.
(4) ROLLING. Land which has a cross slope range of more than 4% but not more than 8%.
THOROUGHFARE, STREET or ROAD. The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows.
(1) ALLEY. A minor street used primarily for vehicular service access to the back or side or properties abutting on another street.
(2) ARTERIAL STREET. A general term denoting a highway primarily for through traffic, carrying heavy loads, and large volume of traffic usually on a continuous route.
(3) COLLECTOR STREET. A thoroughfare, whether within a residential, industrial, commercial or other type of development, with which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivision.
(4) CUL-DE-SAC. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(5) DEAD-END STREET. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(6) LOCAL STREET. A street primarily for providing access to residential, commercial or other abutting property.
(7) LOOP STREET. A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180-degree system of turns are not more than 1,000 feet from the arterial or collector street, nor normally more than 600 feet from each other.
THROUGH LOT. See LOT TYPES.
USED or OCCUPIED. Include the words INTENDED, DESIGNED OR ARRANGED TO BE USED OR OCCUPIED.
VARIANCE. A variance is a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
VICINITY MAP. A drawing located on the plat which sets forth by dimensions of other means, the relationship of the proposed subdivision or use to other nearby subdivision developments, landmarks and community facilities and services within the city and the county in order to better locate and provide orientation to the area in question.
WALKWAY. A dedicated public way, four feet or more in width, for pedestrian use only whether along the side of a road or not.
WATERSHED. The drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
YARD. A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward, provided accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
(1) YARD, FRONT. A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
(2) YARD, REAR. A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
(3) YARD, SIDE. A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(Ord. 54, passed 6-27-1978)
( 155.010 AMENDMENTS.
Amendments may be made to this chapter by the City Council after recommendation of the Commission following the conduct of a public hearing with notice in the official newspaper of the City at least ten days in advance of the hearing.
(Ord. 54, passed 6-27-1978)
PROCEDURE FOR SUBDIVISION APPROVAL
( 155.020 PRE-APPLICATION MEETING REQUIRED.
The subdivider shall meet with the City Planning Commission prior to submitting a preliminary plat. The purpose of such a meeting would be to discuss early and informally the purpose and effect of these regulations and the criteria and standards established therein; and to familiarize the developer with the City Land Use Plan, the Zoning Ordinance, Engineering Considerations and other applicable governmental rules and regulations.
(Ord. 54, passed 6-27-1978)
( 155.021 PRE-APPLICATION SKETCH CONTENT.
The subdivider shall be required to submit a sketch plan, legibly drawn at a suitable scale and containing the following information:
(A) The proposed subdivision in relation to existing community facilities, thoroughfares, other transportation modes, shopping facilities, manufacturing establishments, residential development and existing natural and human-made features such as soil types, vegetation, contours and utilities in the neighboring area;
(B) The envisioned layout and approximate acreage of streets, lots and any nonresidential sites such as commercial, manufacturing, school or recreational uses within the proposed subdivision;
(C) The location of utilities in the proposed subdivision, if available, or the locations of the nearest sources of water and public facilities for the disposal of sewage;
(D) The scale and title of the subdivision, a north arrow and the date; and
(E) Name, address and phone numbers of owner(s) and developer(s).
(Ord. 54, passed 6-27-1978)
( 155.022 PRELIMINARY PLAT REQUIRED.
After the pre-application state, the subdivider shall submit a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in (( 155.023 through 155.031 inclusive. The preliminary plat shall be prepared by a registered engineer and/or surveyor in the state.
(Ord. 54, passed 6-27-1978)
( 155.023 SUBMISSION TO MN/DOT DISTRICT DIRECTOR.
(A) Prior to approval of any plat affecting any land within 300 feet of the centerline of an existing or proposed state roadway, the Planning Commission shall give notice by first class or registered mail of the change to the Minnesota Department of Transportation (MN/DOT) District Director.
(B) The Planning Commission shall not approve any plat so submit for a period of 30 days during which MN/DOT review takes place. Planning Commission decisions regarding the acceptability of any plat will take cognizance of any and all comments received from the District Director. A similar procedure shall be followed for submittal of preliminary plats to the County Engineer (at the Planning Commission(s discretion) if the plat would affect a county roadway.
(C) All plats within 1,000 feet of a lake, pond or reservoir, and all plats affecting areas within 300 feet of a river, stream or other water traverse as stipulated in Minn. Register NR82 (Standards and Criteria for Management of Municipal Shoreland Areas) and/or Minn. Register NR85 (Standards and Criteria for Management of Floodplain Areas) and other appropriate legislation, shall be submitted to the Commissioner of the State Department of Natural Resources for a minimum of a 30-day review period.
(D) The review shall be binding as is the case in other matters where a state agency is legally bound by statute or mandate to review affecting preliminary and final plats.
(Ord. 54, passed 6-27-1978)
( 155.024 APPLICATION FOR TENTATIVE APPROVAL.
An application in writing for the tentative approval of the preliminary plat, together with five copies of the preliminary plat and appropriate supplementary information specified in (( 155.025 through 155.028 below, inclusive, shall be submitted to the City Planning Commission.
(Ord. 54, passed 6-27-1978)
( 155.025 PRELIMINARY PLAT.
The preliminary plat shall be drawn at a scale not less than 100 feet to the inch and shall be on one or more sheets. If multiple sheets are submitted, they shall be numbered consecutively with the relationship of all sheets to one another clearly denoted.
(Ord. 54, passed 6-27-1978)
( 155.026 PRELIMINARY PLAT CONTENTS.
The preliminary plat shall contain the following information:
(A) Proposed name of the subdivision, which shall not duplicate the name of any other subdivision in the city;
(B) Location by section, range, township or other surveys;
(C) Names, addresses, telephone numbers of owner, subdivider and registered surveyor and/or engineer preparing plat, and appropriate registration numbers and seals;
(D) Date of survey;
(E) Scale of plat; north arrow;
(F) Boundaries of the subdivision and its acreage;
(G) Names of adjacent subdivision, owners of adjoining parcels of land, and locations of their boundary lines;
(H) Locations, widths and names of existing streets, railroad rights-of-way, easements, parks, permanent buildings, known restrictive covenants or property(ies), and corporate and township boundaries; location of wooded areas and significant topographic and natural features within and adjacent to the plat for a minimum distance of 200 feet;
(I) Zoning classification of the tract and adjoining properties and a description of proposed zone changes, if any;
(J) Existing contours at an interval of not greater than two feet if the slope of the ground is 12% or less, and not greater than five feet where the slope exceeds 12%;
(K) Existing sewers, (sanitary and storm) water lines, culverts and other underground structures, power transmission and telephone cables, within and adjacent to the tract;
(L) Location, names and widths of proposed streets and easements;
(M) Building setback lines with dimensions;
(N) Locations and dimensions of all proposed utility and sewer lines, showing their connections with the existing system;
(O) Layout, numbers and approximate dimensions and area in acres and a real size of each lot. When a lot is located on a curved street or when side lot lines are not at 90-degree angles, the width at the property line shall be shown; and
(P) Parcels of land in acres to be reserved for public use or to be reserved by covenant for residents of the subdivision.
(Ord. 54, passed 6-27-1978)
( 155.027 SUPPLEMENTARY INFORMATION.
The following information shall be supplied, if requested by the Planning Commission, in addition to the requirements in ( 155.026 above:
(A) Statement of proposed use of lots, giving type, number and the like if dwelling units or type of business or industry;
(B) Location and approximate dimensions of all existing building;
(C) For commercial and industrial developments, the location, dimensions and approximate grade of proposed parking and loading areas, alleys, pedestrian walks, streets and points of vehicular ingress and egress to the development;
(D) Description of proposed covenants and restrictions; and
(E) Indication as to type of sewage disposal method developer intends to use, together with a statement as to how the actions will be taken in accordance with state laws and other regulations regarding public health and sanitation.
(Ord. 54, passed 6-27-1978)
( 155.028 FILING THE PRELIMINARY PLAT.
The preliminary plat shall be considered officially filed on the day it is received by the City Planning Commission and shall be so dated. The preliminary plat shall also be forwarded to the City Council for member review and comment.
(Ord. 54, passed 6-27-1978)
( 155.029 PUBLIC HEARING.
The City Planning Commission may, on its own initiative or upon petition by a citizen or neighboring property owner (prior to acting on a preliminary plat of a subdivision), hold a public hearing thereon at a time and upon notice as the Commission may designate, in conformance with state statute and with due regard for the developers right to reasonable expediency.
(Ord. 54, passed 6-27-1978)
( 155.030 APPROVAL OF PRELIMINARY PLAT.
The City Planning Commission shall forward copies of the preliminary plat to the officials and agencies as may be necessary for the purposes of study and recommendations. These shall include at least the City Engineer or surveyor, and where appropriate, the City Attorney. After receipt of reports from the officials and agencies, the City Planning Commission shall determine whether the preliminary plat shall be recommended to Council, recommended with conditions or disapproved. If a plat is disapproved, the reasons for the disapproval shall be communicated in writing to the subdivider in letter form, signed by the Planning Commission Chairperson. The Planning Commission shall act on a preliminary plat within 30 days after filing unless the time is extended by agreement with the subdivider. When a preliminary plat has been approved by the Planning Commission, the Chairperson shall sign all copies and return one to the subdivider for compliance with final approval requirements. Approval of the preliminary plat shall be conditional upon compliance with all other applicable statutes, ordinances and the like of the city and of state and federal governments.
(Ord. 54, passed 6-27-1978)
( 155.031 APPROVAL REQUIRED.
The approval of the preliminary plat shall be effective for a maximum period of 12 months and shall guarantee that the terms under which the approval was granted will not be affected by changes to these regulations.
(Ord. 54, passed 6-27-1978)
( 155.032 FINAL PLAT REQUIRED.
The subdivider, having received approval of the preliminary plat of the proposed subdivision, shall submit a final plat of the subdivision and drawings and specifications of the improvements requirements therein. The final plat shall have incorporated all changes in the preliminary plat requirements by the Planning Commission and/or City Council. Otherwise, it shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat which the subdivision proposes to record and develop at that time. Staged development, however, shall be described in a manner consistent with (( 155.023 through 155.026 above, together with an approximate timetable for said improvements. The final plat and supplementary information shall be prepared by a registered land surveyor authorized by the state to conduct land surveys.
(Ord. 54, passed 6-27-1978)
( 155.033 APPLICATION FOR FINAL PLAT APPROVAL.
(A) Receipt of the final plat shall constitute a request for approval of the plat. All final plats shall include, as requested by the Planning Commission, the supplementary information as profile views, construction details and estimates of quantities.
(B) The city shall also be in receipt of the applicant(s surety check prior to approval of the final plat, or prior to commencement of activities leading toward attainment of conditions outlined in the plat.
(Ord. 54, passed 6-27-1978)
( 155.034 FINAL PLAT FORM AND CONTENT.
The final plat shall be legibly drawn in waterproof ink on material (preferably tracing cloth) of accepted durability and permanence. The scale shall not be less than 100 feet to the inch, and shall be in complete compliance with the M.S. Ch. 505 (( 505.1 through 505.32, inclusive. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another must be clearly shown.
(Ord. 54, passed 6-27-1978)
( 155.035 FILING OF FINAL PLAT.
The final plat shall be filed with the City Planning Commission not later than 12 months after the date of approval of the preliminary plat: otherwise it will be considered void unless an extension is requested by the developer and granted in writing by the Planning Commission. The Planning Commission has a maximum 30-day review period for all final plats.
(Ord. 54, passed 6-27-1978)
( 155.036 APPROVAL OF FINAL PLAT.
Councils shall approve or disapprove the final plat within 30 days after it has been forwarded to them with a positive recommendation from the Planning Commission. Failure of the Council to act upon the final plat within the time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Council, and a copy of the record shall be forwarded to the subdivision. The Council shall not disapprove the final plat if the developer had done everything in accordance with the conditions and standards specified in the approved preliminary plat. If disapproved, the subdivider may make the necessary corrections and resubmit the plat for final approval, again with a 30-day review period by the Council.
(Ord. 54, passed 6-27-1978)
SUBDIVISION DESIGN STANDARDS
( 155.050 INTRODUCTION.
(A) The regulations contained in this section shall control the manner in which streets, lots and other elements of a subdivision are arranged on the land. These design controls are intended to insure convenient and safe streets, platting of functional lots, provision of space for public utilities, and reservation of land for recreational uses. The planning of attractive and functional neighborhoods shall be promoted minimizing the undesirable features of unplanned, unmanaged growth.
(B) The City Planning Commission has the responsibility for reviewing the design of each future subdivision early in its design development. The Commission shall ensure that all of the requirements pertaining to design standards are met.
(Ord. 54, passed 6-27-1978)
( 155.051 CONFORMITY TO LAND USE PLAN AND ZONING ORDINANCE.
The location, arrangements, character, width and the like of all arterial and collector thoroughfares or extensions thereof shall conform with the city(s Land Use Plan, major streets and thoroughfares subsection. Thoroughfares not contained in the aforementioned plan shall conform to the recommendation of the City Planning Commission based upon the design standards set forth in this subchapter. In addition, no final plat of land within the area in which an existing zoning ordinance is in effect shall be approved unless it conforms with the ordinance.
(Ord. 54, passed 6-27-1978)
( 155.052 LAND SUITABILITY.
If the City Planning Commission finds that land proposed for subdivision is unsuitable for development due to flooding potential, high water table, topography, inadequate water supply, inaccessibility, schools, transportation facilities and other conditions, which may endanger health, life or property. If, from investigations conducted by the public agencies concerned, it can be determined that in the best interest of the public the land should not be developed for the purposes proposed. When a proposal has been resubmitted that was earlier disapproved for reasons related to land suitability, the Planning Commission may decide to affirm, modify or withdraw its earlier determination regarding a plat, based on review of the amended proposal. The Commission shall not approve the land for subdivision unless adequate methods are advanced by the subdivider for addressing the problems created by development of the land.
(Ord. 54, passed 6-27-1978)
( 155.053 STREET DESIGN STANDARDS.
(A) General. The arrangement, character extent, width, grade construction and location of all streets shall conform to the Transportation/Circulation Plan subsection of the City Land Use Plan, or subsequent amendments thereto, and shall be considered in their relation to existing and planned streets, topographical conditions and public convenience and safety; and in their appropriate relation to the proposed uses of the land to be served by the streets. The street pattern shall discourage through traffic within the interior of a subdivision. The subdivider shall provide within the boundaries of the subdivision plat, the necessary right-of-way for the widening, continuance or alignment of the streets with the city(s Land Use Plan and for plans developed by the county or state. The procedure for a variation from these regulations is provided for in (( 155.105 and 155.106 below.
(B) Standards. The design and improvement standards contained in the following table are minimums for street types in the city.
(Ord. 54, passed 6-27-1978)
( 155.054 HORIZONTAL ALIGNMENT.
Street intersection shall be as nearly at right angles as possible, and no intersection shall be at an intersection of less than 75 degrees. Street jobs with centerline offsets of less than 125 feet shall not be allowed.
(Ord. 54, passed 6-27-1978)
( 155.055 VERTICAL ALIGNMENT.
All changes of grade shall be accomplished according to accepted engineering standards, with vertical curves set to match the rate of grade and length of the curve. Street grades shall provide for adequate drainage.
(Ord. 54, passed 6-27-1978)
( 155.056 INTERSECTION DESIGN STANDARDS.
Multiple intersections involving junctions of more than two streets shall be avoided.
(Ord. 54, passed 6-27-1978)
( 155.057 BLOCKS.
(A) In residential areas, blocks shall not be less than 300 feet nor more than 1,320 feet in length measured along the greatest dimension of the enclosed block area unless minor variations are necessitated by topography or conformance with an adjoining plat.
(B) Blocks for commercial and industrial areas may vary from the elements of design contained in this section if the nature of the use requires different treatment. In those cases, off-street parking for employees and customers shall be provided along with safe, convenient limited access to the primary street system. Space for off-street loading shall be provided with similar adequate access. Extensions of streets, railroad access right-of-way and utilities shall be provided as necessary.
(C) In blocks longer than 600 feet the Planning Commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities or pedestrian traffic.
(D) Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads, waterways or buffer strips.
(Ord. 54, passed 6-27-1978)
( 155.058 ARRANGEMENT OF LOTS.
(A) The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Ordinance and health regulations, and in providing driveway access to buildings on the lots from an approved street.
(B) Lot dimensions shall comply with the minimum standards of the Zoning Ordinance. Where lots are more than double the minimum requirements for the zoning district, the Planning Commission may require that the lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to service the potential lots, all in compliance with the Zoning Ordinance and these regulations. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for construction of buildings observing the minimum front-yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities requirements for the type of use and development contemplated, as established in the Zoning Ordinance and/or other appropriate regulations.
(C) (1) Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterial or to overcome specific disadvantages of topography and orientation.
(2) Access to lots shall not, in general be derived exclusively from a major or secondary street. Where driveway access from a major or secondary street may be necessary for adjoining lots, the Planning Commission may require that the lots be served by a combined access drive in order to limit possible traffic hazards on the streets. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on major or secondary arterial.
(D) The rigid, rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets, cul-de-sacs or U-shaped streets may be encouraged where such use will result in a more desirable lot layout.
(Ord. 54, passed 6-27-1978)
( 155.059 LOT DRAINAGE.
(A) Lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage pattern for the area.
(B) Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.
(C) The Planning Commission shall not recommend for approval any subdivision plat which does not provide adduced means for storm or flood water runoff. Any stormwater drainage system will be separate and independent of any sanitary sewer system.
(D) Storm sewers, where necessary, shall be designed in accordance with all governmental regulations, and a copy of design computations for engineering capacities shall accompany plans submitted by the Planning Engineer or surveyor for the final plat.
(E) Inlets shall be provided so that surface water is not carried across or around any intersection, nor for a distance of more than 600 feet in an open gutter with a slope exceeding 3%. When calculations indicate that curb capacities are exceeded at a point, nor further allowance shall be made for flow beyond that point, and basins shall be used to intercept flow at that point.
(Ord. 54, passed 6-27-1978)
( 155.060 DEDICATION OF DRAINAGE EASEMENT.
(A) Where a subdivision is traversed by a watercourse, drainage way, channel, stream or draw, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of the water course, and of a width and construction (or both) as will be adequate for the drainage purpose.
(B) When a proposed drainage network will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.
(C) (1) Low-lying lands along watercourses subject to flooding or overflowing during storm or seasonal high water periods, whether or not included in areas of storm water drainage dedication, shall be preserved and retained in a natural state as drainage ways.
(2) The land or lands subject to periodic flooding shall not be computed in determining the number of lots to be utilized for density requirements in zone districts, nor for computing the area requirement of any residential lot.
(Ord. 54, passed 6-27-1978)
( 155.061 WATER FACILITIES.
(A) Necessary action shall be taken by the applicant to extend or provide an adequate water supply as determined by the City Engineer for purposes of water supply for domestic use and fire protection.
(B) To facilitate the above, the location of all proposed fire hydrants, all water supply improvements, and the boundary lines of proposed districts, indicating all improvements proposed to be served, shall be shown on the preliminary plat, and cost estimates of installing same shall be provided at the Planning Commission(s request.
(C) Lower density zone districts (as interpreted by the Planning Commission) may be serviced by individual wells if a public water system is not available. Water samples shall be submitted to the State Department of Health for approval, and the well(s) shall be inspected by the appropriate authorities.
(D) Fire hydrants shall be required. The hydrants should preferably be no more than 1,000 feet apart and within 500 feet of all structures to be protected. To minimize future street openings, all underground facilities for fire hydrants together with the fire hydrants themselves and all other supply improvements shall be installed before any final paving of a street shown on a subdivision plat.
(Ord. 54, passed 6-27-1978)
( 155.062 SEWAGE REQUIREMENTS.
(A) The applicant shall install sanitary sewer facilities in a manner prescribed by the state and county health codes, all other applicable regulations. All plans shall be designed in accordance with engineering criteria acceptable to the City Engineer.
(B) Sanitary sewage facilities for high density residential and non-residential zone districts shall be installed to serve each lot of a subdivision and to grades and sizes approved by the City Engineer and the Planning Commission. Only those individual disposal systems or treatment plans (private or group disposal systems) approved by the United States Environmental Protection Agency and the State Pollution Control Agency shall be permitted in lieu of connection to the city(s central sewage system.
(C) In any subdivision proposal, where a public sanitary sewage system is reasonably available (as determined by the Planning Commission), the applicant shall connect with same and provide sewers accessible to each lot in the subdivision.
(D) If public sewer facilities are not available and individual disposal systems are proposed, minimum lot areas shall conform to or exceed (preferably) the requirements of the County Sanitary Code and other applicable county and state regulations. The individual disposal system, including the size of septic tanks and size of secondary or primary drain fields, shall be approved by the appropriate City or County Health Officer.
(E) Sanitary sewer systems should be designed for the ultimate tributary population. Due consideration should be given to current zoning regulations and approved planning and zoning reports where applicable. Sewer capacities should be adequate to handle anticipated maximum hourly quantity of sewage waste together with an allowance for infiltration and other extraneous flow. Refer to appropriate state and county codes for design criteria.
(Ord. 54, passed 6-27-1978)
( 155.063 PUBLIC LAND USES.
Due consideration shall be given to the allocation or areas suitably located and of adequate size for playgrounds, parks and other public land dedications for local and neighborhood use as well as public service areas.
(Ord. 54, passed 6-27-1978)
( 155.064 NON-RESIDENTIAL SUBDIVISION.
(A) If a proposed subdivision includes land that is zoned for commercial or industrial uses, the layout of the sub with respect to the land shall make provision as the Planning Commission may require.
(B) In addition to the principals and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Commission that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses.
(Ord. 54, passed 6-27-1978)
( 155.065 EASEMENTS.
Utility easements at least 20 feet in width shall be provided where necessary, preferably centered along ear or side lot lines. Drainage easements shall also be provided where necessary along water course(s), or streams within a subdivision. The width of said drainage easements shall be approved by the Planning Commission and City Engineer.
(Ord. 54, passed 6-27-1978)
REQUIREMENTS FOR CONSTRUCTION IMPROVEMENTS
( 155.075 GENERAL REQUIREMENTS.
(A) All improvements required herein shall be constructed prior to the granting of final plat approval by the city.
(B) The subdivider shall provide the required improvements at his or her own expense, shall give bond in an equal amount to the negotiated estimate (determined by surveyor, City Engineer and the Commission) or shall make other financial arrangements acceptable to the City Council to cover the cost of the following.
(Ord. 54, passed 6-27-1978)
( 155.076 MARKERS, MONUMENTS AND PINS.
All subdivision boundary corners, block and lot corners, road intersection corners and points of tangency and curvature shall be marked with survey monuments. These monuments shall be of a size so as to meet requirements of state law. All United States, state, county or other official bench marks, monuments, and triangular stations in or adjacent to the property shall be preserved in accordance with state and federal requirements. All government land corners that the subdivision is referenced to shall be monumented and a certificate of location of government land corner of the same shall be filed with the County Recorder.
(Ord. 54, passed 6-27-1978)
HILLSIDE REGULATIONS
( 155.090 GENERAL.
These regulations apply to all hillside areas. A hillside area as referred to herein is defined as one with an average slope exceeding 7%. The subdivider shall submit sufficient detailed information as to geologic conditions, soil types and underground water level for the Commission(s consideration.
(Ord. 54, passed 6-27-1978)
( 155.091 DETERMINATION OF AVERAGE SLOPE.
The average slop for any hillside development shall be determined by the City Planning Commission during the time of preliminary subdivision design. Determination will be on an area-by-area basis with each lot sized according to the average topographic change falling within each area.
(Ord. 54, passed 6-27-1978)
( 155.092 GRADING PLAN REQUIREMENT.
(A) Each subdivider shall submit a grading and erosion/sedimentation control plan to the Commission for hillside development. The Commission, in turn, may seek review of the plan from state and county agencies, and from the City Engineer.
(B) The grading plan will provide acceptable procedures (as interpreted by the City Engineer and Planning Commission) for the cutting and filling of slopes, for excavations, proper fill compaction and may, at the Commissions request, allow for on-site inspections.
(C) The grading plan shall, at a minimum, address the questions of storm water runoff and sedimentation volume during disturbances to land while building or altering development sites, description of natural runoff volume and character prior to development with complete consideration given to design alternatives for facilities intended to control erosion and sedimentation, and the plan shall describe any legal implications or requirements for implementation of the grading plan.
(D) For street design, the surface of the street construction and storm drainage system shall be agreed upon between Planning Commission and developer and resolved at the time of preliminary plat approval.
(Ord. 54, passed 6-27-1978)
PROCEDURES FOR OBTAINING VARIATIONS FROM REQUIREMENTS
( 155.105 GENERAL.
The Planning Commission may recommend a variation to the City Council from requirements of this chapter or for public improvements which constitute an acceptable design utilizing planned unit development (PUD) or cluster development designs. Other cases where variations may be warranted result from instances where unusual size, shape or character of a lot is noted, or when other unusual conditions exist which render strict compliance with the requirements of this chapter impractical or when substantial hardship or injustice would result.
(Ord. 54, passed 6-27-1978)
( 155.106 DETERMINATION OF VARIATIONS.
(A) The standards and requirements of these regulations may be modified by the City Council in cases where plans (in the judgement of the Council) achieve substantially the objectives of this chapter and which are further protected by the covenants or other legal provisions as will assure conformity to and achievement of the ordinance and attendant city planning authorities.
(B) In recommending any plat variation, the Council shall take into account the following:
(1) The location of the proposed subdivision, proposed land use and existing land use in the vicinity of the proposed action;
(2) The number of persons to reside and/or work in the proposed subdivision and the probable effect of the proposed subdivision on traffic conditions in the vicinity;
(3) Conditions which would allow the subdivider to develop his or her property in a reasonable manner and at the same time preserve the general interest and spirit of this chapter and to protect the public welfare and interests of the city; and
(4) In granting variances and modifications, the Council may impose conditions as will, in its judgement, secure substantially the objective of the standards and regulations so varied or modified.
(Ord. 54, passed 6-27-1978)
PROCEDURES FOR PROCESSING FINAL PLATS
( 155.120 GENERAL.
(A) After approval of the submitted preliminary plat, and unless an extension of time is requested by the subdivider and granted by the Commission, the subdivider shall within one year following approval of the preliminary plat submit the following to the City Clerk.
(B) Four paper prints of the final plat, together with a current abstract or certificate of title, an opinion of title by the subdivided attorney and a form indicating latitude and departure traverse closure.
(C) The final plat shall incorporate all the regulations and guidelines contained within this chapter, together with the changes as requirement by the Planning Commission. The final plat shall also conform to all state platting regulations. The final plat must conform to the preliminary plat submitted and endorsed, although the final plat may constitute only a portion of the preliminary plat which the subdivider earlier submitted.
(Ord. 54, passed 6-27-1978)
( 155.121 INSPECTION FEE.
(A) The City Council shall establish a schedule of fees, charges and expenses for review and filing of plats and other documents and actions required by the provisions of this chapter. This schedule shall be available in the office of the City Clerk.
(B) No plat, certificate or variation shall be issued unless the fees, charges or expenses have been paid in full, not shall any action be taken on proceedings before the City Council unless or until fees, charges and expenses have been paid in full.
(Ord. 54, passed 6-27-1978)
( 155.122 ENDORSEMENT OF HEALTH AUTHORITIES.
The final subdivision plat shall be properly endorsed, where required, by health agencies and authorities with respect to sewer and water facilities and that same comply with all rules, regulations and requirements of local government, state and federal authorities.
(Ord. 54, passed 6-27-1978)
( 155.123 VESTED RIGHTS.
(A) No vested rights shall include accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by the Mayor and/or City Council representative.
(B) All requirements, conditions or regulations adopted by the Planning Commission applicable to the subdivision or on all subdivisions generally, shall be deemed a condition for any subdivision prior to the time of the signing of the final plat by the Mayor or City Council representative.
(C) Where the Planning Commission has required the installation of improvements to preserve the general interest and spirit of this resident and to protect the public welfare and interests of the city, the improvements shall reasonably modify the conditions set forth in the final approval.
(Ord. 54, passed 6-27-1978)
( 155.124 REPORTS.
(A) The City Clerk shall forward one paper print of the final plat to the City Engineer, one to the Planning Commission, one to the City Attorney and one to the surveyor, together with copies of the current abstract of title or certificate of title and the opinion of title prepared by the subdividers attorney.
(B) A report of the City Engineer/Surveyor and the Attorney shall be submitted to the Clerk within 30 days after the submission of the final plat.
(C) The City Engineer shall comment on all technical matters related to the substance of the plat; the Planning Commission shall state whether the final plat conforms with the preliminary plat previously reviewed and accepted by the Commission.
(D) The attorney shall state whether the fee simple title to the platted property is in the names of the platters. The surveyor shall certify that the latitude and departure closures are in compliance with requirements.
(Ord. 54, passed 6-27-1978)
( 155.125 CITY ACTION ON FINAL PLAT.
The City Council shall action the final plat within 60 days of the date on which it was submitted to the City Clerk. The Council shall not approve a final plat unless it:
(A) Conforms to the preliminary plat previously approved by the Planning Commission;
(B) Meets all design and engineering specifications contained in this chapter, in other city ordinances, to the City Engineer(s requirements, and to other applicable state and federal regulations; and
(C) When the final plat is approved by the City Council and certified by the Clerk, the subdivider shall submit two double-mounted cloth backed prints on card stock or material of equal quality and two transparent reproducible copies. The plat shall then be forwarded to the County Recorder(s office. All data required for a final plat shall be as required under regulation of state laws (M.S. Chapter 505).
(Ord. 54, passed 6-27-1978)
ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS
( 155.135 GENERAL.
Before the final plat is signed by the Mayor, City Council and/or Planning Commission representatives, all applicants shall be required to complete, in accordance with the Planning Commission and City Councils( decisions regarding necessary changes to the plat, and to the satisfaction of the City Engineer and surveyor, all the street, sanitary and other improvements (including all lot improvements within reason for time of year) as required in these regulations, specified in the final plat, and as approved by the Planning Commission and Council, and to complete necessary dedications to local government, free and clear, all liens and encumbrances on the property and public improvements thus dedicated.
(Ord. 54, passed 6-27-1978)
( 155.136 SURETY OF PERFORMANCE BOND.
A corporate surety (performance) bond, as approved by the City Attorney, will be executed and filed with the City Clerk and/or Zoning Administrator; the bond to be executed by a corporate surety, in an amount to be fixed by the City Council, but not less that $250 for each minor subdivision or $1,000 for a major subdivision, conditional upon the due and faithful performance by the principal named in the bond after recommendation by the Planning Commission. In lieu of the bond, a cash deposit of an amount equal to the appropriate surety bond may be accepted by the city.
(Ord. 54, passed 6-27-1978)
( 155.137 INSPECTION OF IMPROVEMENTS.
The Planning Commission shall provide for inspection of required imps during construction and to ensure their satisfactory completion at such time as the State Building Code becomes effective. Otherwise, the City Engineer may be requested to inspect for applicant compliance with these and other city regulations during and after the construction phase, with the applicant (subdivider) required to pay a 2% inspection fee of the amount of the performance bond to reimburse the city for the inspection.
(Ord. 54, passed 6-27-1978)
( 155.138 DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS.
The City Council may defer or waive at the time of final approval, subject to all appropriate state, federal and county regulations, the provision of any improvements as, in its judgement, are not completely in the interests of the public health, safety and general welfare, or which are inappropriate because of inadequacy or lack of connecting facilities. Whenever it is deemed necessary by the City Council to defer the construction of any improvement required in these regulations because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the applicant shall agree in writing in the form of a written warranty or other legal memoranda to pay his or her share of the costs of future improvements to the city prior to signing of the final subdivision plat, or the subdivider may post a bond equal to the cost amount of the projected improvements insuring the completion of said improvements upon demand of the city.
(Ord. 54, passed 6-27-1978)
( 155.139 CONSUMER PROTECTION LEGISLATION AND CONFLICT OF INTEREST
STATUTES.
(A) No building permit or certificate of occupancy shall be granted or issued if a developer or his/her authorized agent shall have violated any federal, state or local law pertaining to consumer protection of real estate land sales, promotion, or practices or any applicable conflicts of interest legislation with respect to the lot or parcel of land which is the subject of the permit or certificate, until so ordered by a court of competent jurisdiction.
(B) With respect to any other violation of a federal, state or local consumer protection law, the City Council may take appropriate actions to protect potential purchasers of real property. The actions by the Council may include revocation by the municipality of a building permit or certificate of occupancy until a time as legal order or determination is made and forwarded to the city. In no instance, however, shall the rights of interviewing innocent third parties in possession of a certificate of occupancy be prejudiced by any revocation or other punitive action(s).
(C) Violations which may warrant action under consumer protection regulations include, but are not limited to, actions inconsistent with the Postal Reorganization Act of 1970, the Federal Trade Commission Act of 1970, the Interstate Land Sales Full Disclosure Act of 1970, the Truth in Lending Act, the Uniform Commercial Credit Code, the Minnesota (Blue Sky( Law or other conflicts of interest in statutes, laws or ordinances.
(Ord. 54, passed 6-27-1978)
( 155.999 PENALTY.
Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Each day, following notification by the Clerk, the violation of this chapter continues shall constitute a separate and distance offense and may be punishable as such. Notice of violations of this chapter as prepared by the Clerk or appropriate city representative shall be made by United States certified mail or through service by a sheriff according to the rules of state civil procedure and shall be filed with the Clerk of District Court.
(Ord. 54, passed 6-27-1978)
CHAPTER 156: ZONING CODE
Section
General Provisions
156.01 Title
156.02 Definitions
156.03 General provisions
156.04 Shoreland provisions
156.05 Zoning districts established; official zoning map
156.06 Rules for interpretation of district boundaries
Specific Provisions
156.20 R-1 Single-Family Residence District
156.21 R-2 One- and Two-Family Residence District
156.22 R-3 Multi-Family Residence District
156.23 C-1 General Business District
156.24 C-2 Highway-Oriented Commercial District
156.25 I-1 Limited Industrial Manufacturing District
156.26 I-2 Industrial Manufacturing District
156.27 O Open Space District
156.28 P Public Zone District
156.29 Off-street parking and load regulations
156.30 Signs
156.31 Nonconforming uses
156.32 City Zoning Officer
156.33 Planning Commission
156.34 Board of Adjustment
156.35 Conditional use permits/variance requests
156.36 Amendments
156.37 Schedule of fees, charges and expenses
156.99 Penalty
GENERAL PROVISIONS
( 156.01 TITLE.
(A) This chapter text and the zoning district map shall be known and may be cited and referred to as the (Zoning Ordinance of the City of Barnum(.
(B) The purpose of this chapter is to establish zoning regulations for the city pursuant to provisions of the Minnesota Planning Act (M.S. ( 462.354; Laws of 1965) and subsequent related amendatory legislation; to promote the health, safety, convenience and general welfare of the residents of the city by dividing the city into zones and regulating therein the uses of land and the construction of all structures for the purpose of encouraging the most appropriate use of land, and to recognize and preserve the economic and natural environmental values of all lands within the city.
(Ord. 117, passed 7-9-2001)
( 156.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The singular shall include the plural and vice versa; the masculine shall include the feminine and vice versa; the words (shall( or (will( are interpreted to be mandatory; the term (may( is interpreted to be permissive.
ACCESSORY USE OR STRUCTURE. A use or structure subordinate to the principal use of the land or a building on the same lot and serving a purpose customarily incidental to the principal use or structure.
ALLEY. A public or private way affording only secondary means of access to abutting property.
AREA, FLOOR. Floor area shall constitute the total floor area occupied by a use and measured to include all space used primarily or incidentally for the use.
AREA, SALES. Sales area shall only include that area customarily open and accessible to the public.
BASEMENT. A story having part but not more than one-half its height below grade. A BASEMENT is not counted as a story for the purpose of height regulations.
BLOCK. A tract of land bordered on all sides by streets, or by one or more streets and railroad right-of-way, stream or river or unsubdivided acreage.
BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement for definite periods, meals and/or lodging are provided for five or more persons, but not exceeding 20 persons.
BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by dividing walls without openings, each portion of the building, so separated, shall be deemed a separate BUILDING.
BUILDING LINE. A line measured across the width of a lot at a point where a structure is placed in accordance with the minimum setback requirements of this chapter.
BUILDING, HEIGHT OF. The vertical distance from the grade at a building line to the highest point of the roof.
CHURCH or SYNAGOGUE. The term includes the following; church, synagogue, rectory, parish house or similar building incidental to the particular use which is maintained and operated by an organized group of people for religious purposes.
CLINIC. A place used for the care, diagnosis and treatment of persons who are not provided with board, or room, nor kept overnight on the premises.
COMMUNITY FACILITIES PLAN. A compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the public or semi-public facilities of the municipality, such as recreational, educational and cultural facilities.
COMPREHENSIVE MUNICIPAL PLAN. A compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of the municipality, and of its environment, and may include, 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 planned execution.
CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zone district, but which, if controlled as to number, area, location or relation to neighborhood, would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Those uses may be permitted in listed zone districts upon application to the Planning Commission.
DECK. Considered a permanent part of the building for setback requirements.
DWELLING. Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or mobile home, boarding or rooming house, hotel or motel.
DWELLING GROUP. A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
DWELLING UNIT. One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes.
FAMILY. Any person or group of persons, whether or not related by blood or marriage, occupying a single dwelling unit.
FLOODPLAIN. Lands which are subject to periodic flooding and have been defined by the U.S. HUD and by the April 11, 1975 Federal Flood Insurance Administration Revised Map 4-11-1978 of the City of Barnum are included in this classification.
FLOOR AREA. Living space of dwelling unit including finished basements measured from the exterior corners.
GARAGE, PRIVATE. An accessory building designed or used for the storage of motor-driven vehicles.
GARAGE, PUBLIC. A building or portion thereof, other than private garage, designed or used primarily for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles.
GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the street side of the building.
GOVERNING BODY. The City Council by whatever name known.
HOME OCCUPATION. Home occupations or professional offices, provided that no such use occupies more than 25% of the total floor area of the dwelling or accessory building. Provided further that not more than one non-resident is employed on the premises. The use does not include an activity that would create a nuisance, as determined by the Planning Commission, or be otherwise incompatible with the surrounding residential area.
HOTEL. A building in which lodging with or without meals is provided and offered to transient guests.
INTERIOR LOT. Any property that does not have streets on two sides.
JUNK OR SALVAGE YARD. Any establishment, place or business or place of storage or deposit, which is maintained, operated or used for storing, keeping, buying or selling junk, wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicles parts, whether maintained in connection with another business or not, where the waste, body or discarded or salvaged material stored is equal in bulk to five or more motor vehicles, and which are to be resold for used parts or old iron, metal, glass or other discarded material.
KENNEL. Any structure or premises or commercial activity on which three or more dogs over six months of age are owned, boarded, bred or offered for sale.
LOADING SPACE, OFF-STREET. Space reserved for bulk pick-ups and deliveries, intended to be used by vehicles when required off-street parking spaces are otherwise unavailable. Required OFF-STREET LOADING SPACE shall not be included as off-street parking space in the computation of required off-street parking spaces.
LODGING HOUSE. A building where lodging only is provided for compensation for five or more, but not exceeding 20 persons, in distinction to hotels open to transients.
LOT. Any parcel of land subject to the provisions of this chapter, and capable of being described with a definiteness that its location and boundaries may be established.
LOT FRONTAGE. The front of a lot shall be construed to be the portion of the lot nearest the street, road or a body of water if the lot abuts water. When the lot abuts a body of water, the shoreline may be considered front yard.
LOT LINES. The lines bounding a lot.
LOT WIDTH. Shall be the distance between the side lot lines, measured at the building line.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder, or a lot described by metes and bounds, the description of which has been recorded in the office of the County Recorder.
MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that the term includes any structures which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under M.S. Chapter 327.31 et seq.
MOTEL. A series of sleeping or living units, for the lodging of transient guests, offered to the public for compensation, and with convenient access to off-street parking spaces for the exclusive use of the guests or occupants.
MOBILE HOME. A transportable single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing, and subject to tax or registration, as such, under provisions of M.S. Chapter 168 or 273 and having no permanent foundation other than wheels, jacks or skirting.
MOBILE HOME PARK. Any site, lot, field or tract of land upon which two or more occupied mobile homes are harbored, either free of charge or for revenue purposes, and shall include mobile home(s) and auxiliary buildings.
MOTOR VEHICLE. Every device which is or is capable of being self-propelled, and upon or by which any person or property is or may be transported upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
NORMAL HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The NORMAL HIGH WATER MARK is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
PARKING SPACE. A surfaced area, enclosed or unenclosed, sufficient in size to store one motor vehicle, together with a surfaced driveway connecting a parking space with a street or alley and permitting ingress and egress of a motor vehicle.
PERSON. Includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
PUBLIC WATER. A body of water capable of substantial beneficial public use. For the purpose of this chapter, this shall be construed to mean any lake, pond or flowage of ten acres or more in size, or any river or stream with a total drainage area of at least two square miles or more, which has the potential to support any type of recreational pursuit or water supply purpose. A body of water created by a private user where there was no previous shoreland as defined herein, for a designated private use authorized by the State Commissioner of Natural Resources shall be exempt from the provisions of this chapter as they apply to shoreland management.
RECREATIONAL CAMPING AREA. Any area, whether privately or publicly owned, used on a daily, nightly, weekly or longer basis for the accommodation of five or more units, consisting of tents, travel trailers, pick-up coaches, motor homes or camping trailers and whether use of the accommodation is granted free of charge or for compensation. Provided that nothing in this definition shall be construed to include children(s camps, industrial camps, migrant labor camps, United States forest service camps, state forest service camps, or county park state wildlife management areas, or state owned public access areas which are restricted in use to picnicking and boat landing, or county park.
RECREATIONAL CAMPING VEHICLE. Any of the following.
(1) CAMPING TRAILER. A folding structure, mounted on wheels and designed for travel, recreation and vacation use.
(2) MOTOR HOME. A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as a internal part of a self-propelled vehicle.
(3) PICK-UP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
(4) TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified TRAVEL TRAILER by the manufacturer of the trailer.
ROADSIDE STANDS. Retail outlets with all related structures primarily for sale of farm produce grown on the farm upon which the stand is located.
SETBACK. Distance from the lot line to the building line for the purpose of defining limits within which no building or structure, or any part thereof, shall be erected or permanently maintained. If property is located on a county road, county right-of-way line to building line prevails.
SHOPPING CENTER. A group or groups of three or more commercial establishments developed in accordance to an overall plan and designed and built as an interrelated project.
SHORELAND. All lands located within the following distances from public waters:
(1) One thousand feet from the normal high water mark of a lake, pond or flowage; and
(2) Three hundred feet from the normal high water mark of a river or stream or the landward extent of a floodplain designated by ordinance on such a river or stream.
SIGN. A name, identification, description, display or illustration which is affixed to, or painted, or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, institution, organization, idea or business.
STREET. The entire width between property lines or a way or place dedicated, acquired or intended for the purpose of public use for vehicular traffic or access other than an alley.
STREET LINE. A dividing line between a lot, tract or parcel of land and a continuous street.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground including but not limited to walls, fences, sign-boards and billboards.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
TRAILER. Every vehicle without motor power designed or used for carrying persons or property and for being drawn by a motor vehicle.
TRANSPORTATION PLAN. A compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the various modes of transportation of the municipality and its environs, such as streets and highways, mass transit, railroads, air transportation, trucking and water transportation and includes a traffic circulation plan.
TOURIST HOME. A building or part thereof, other than a hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation, primarily for transients.
VARIANCE. Variances may be granted by the City Council upon recommendation by the Planning Commission when setbacks, number of buildings and the like, in present code causes undue hardship or unique characteristics not caused by the owner nor that would change the overall intent of the present zoning ordinance.
YARD, FRONT. The area of space from the lot line to the building line.
YARD, REAR. A yard extending across the rear of the lot between inner side yard lines. In the case of corner lots, the rear yard shall extend from the inner side yard line of the side yard adjacent to the interior lot to the rear line of the half-depth front yard as determined by the Zoning Officer.
YARD, SIDE. A yard extending from the rear line of the front yard to the front line of the rear yard.
(Ord. 117, passed 7-9-2001)
( 156.03 GENERAL PROVISIONS.
(A) Compliance. Except as hereinafter provided, no building, structure or land shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations wherein specified for the district in which it is located.
(B) Area requirements. No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(C) Minimum requirements. The provisions of this chapter shall be construed to be minimum requirements. Wherever there exists a conflict between this chapter and any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive requirement shall govern.
(D) Yard space, general. The required yard space for each building, structure or use shall fall entirely upon land within a district or districts, in which the use is permitted.
(E) Yard space encroachments; projections into yards. The following projections may be permitted into any front, rear or side yard:
(1) Cornices, sills, eaves and other ornamental features to a distance of not more than two feet six inches; and/or
(2) Bay windows and chimneys to a distance of not more than three feet, provided that the features do not occupy, in aggregate, more than one-third of the length of the building wall on which they are located.
(F) Private swimming pools. A private swimming pool (above and/or in ground) shall include a pool, pond, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet. No swimming pool shall be allowed in any district unless it complies with the following conditions and requirements:
(1) It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than five feet to any property line of the property to which it is located;
(2) The swimming pool, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties; and
(3) The pool shall further be screened by, at minimum, a masonry wall, board fence or compact hedge five feet in height and maintained in good condition.
(G) Temporary buildings. Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed. The temporary buildings shall be removed upon completion of the construction work.
(H) Assembly buildings. Notwithstanding any other ordinance provisions to the contrary, on a lot occupied by a church or other buildings in which persons congregate, or which is designed, arranged, remodeled or normally used for the congregation of persons in numbers in excess of 25, the width of each side and rear yard shall not be less than 25 feet.
(I) Vision clearance in residence districts. On a corner lot, no fence or other structure more than three feet in height above the plane of the established grades of the street shall be erected on any part of the front yard or side yard herein established that is included within the street lines of intersecting streets and a line connecting the street lines at a point which is 20 feet from their point of intersection, measured along the street lines and no planting of foliage shall be placed or maintained within the area that obstructs the view of a driver or a vehicle approaching the street intersection. At the discretion of the Planning Commission, no fence which is more than six feet in height above the plane of the finished grade of the lots at the division line between lots shall be erected along the division line unless no part of the fence is within 20 feet to any street line.
(J) Trailers, boats, snowmobiles, ATVs and cabins. No person shall maintain, install, construct, erect or permit, on any property within the city, except as otherwise provided in this chapter, the parking or standing of a trailer intended for or used for lodging, dwelling or sleeping, or any small houses, known as cabins, for the use of transient or permanent guests for lodging, dwelling or sleeping; except that unoccupied trailers used primarily for living purposes may be stored inside a building and such unoccupied trailers may be temporarily parked outside. The length of time which an unoccupied trailer may be parked outside shall not exceed a total of 15 days in any three successive months. The storage of unoccupied trailers, boats, snowmobiles ATVs and other vehicles designed for recreational use and not exceeding 34 feet in length is permitted within a building or in the open in a rear yard.
(K) Public sanitary facilities not available. In any zoning district where a public sanitary sewer is not accessible, the Zoning Officer shall require the lot area and frontage requirements to conform to the provisions of the county sanitation code.
(L) Zoning Officer. The person or persons designated as the municipal representative charged with carrying out the provisions of this chapter, and assists the city in carrying out the City Land Use Plan Subdivision/Platting Regulations, and other related tasks and authorities assigned by City Council.
(M) Dwelling unit restrictions.
(1) No cellar, basement, garage, tent or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently, except in multiple family dwellings, with additional living units located above ground.
(2) Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling.
(3) Tents, playhouses or similar structures may be used for play or recreational purposes only.
(4) Existing cellars or basements used as an independent dwelling unit shall have the status of a nonconforming use, subject to the provisions of ( 156.31 below.
(5) All dwellings other than mobile homes in approved mobile home parks, shall be located upon a foundation that meets the requirements of the zoning regulations or state/county statutes.
(6) Site built dwellings and manufactured homes, other than mobile homes, shall be no less than 30 feet in length and no less than 16 feet in width over the entire minimum length; provided, however, all dwelling units shall meet the minimum floor area requirements set out in this chapter. Overhangs and other projections beyond the principal walls shall not be taken into account in determining the minimum width required hereunder.
(7) Single-family dwellings shall have a pitched roof and shall have eaves of not less than six inches.
(N) Architectural design. The architectural design, color, roof pitch or lack of it, roof overhang or lack of it, and exterior material, of all buildings and structures shall not be so similar to or consistent with surrounding buildings in areas so as to constitute a blighting influence. The city may refuse to grant a permit for construction or location of any building which may significantly diminish neighboring property values or otherwise impair the health, safety and welfare of the community; and in addition, the city shall have the additional power to require appropriate screening to the extent that the screening with sufficiently ameliorate zoning permit for the reasons set forth herein shall be subject to appeal by the applicant in accordance with the provisions of ( 156.34 below.
(Ord. 117, passed 7-9-2001)
( 156.04 SHORELAND PROVISIONS.
(A) Designation. In order to guide the wise development and utilization of shorelands (1,000 feet from lakes, ponds and flowage; and 300 feet on each side of rivers and streams) of public waters for the preservation of water quality, natural characteristics, economic values and the general health, safety and welfare, all public waters in the city, have been given a public waters classification, and uses of shorelands in these classes are hereby designated by land use districts, based on the compatibility of the designated type of land use with the public waters classification
(B) Classification. The public waters of the city have been classified by the Department of Natural Resources as follows:
(1) Recreational Development (RD) Bear Lake; and
(2) General Development (GD) Moose Horn River.
(C) Application. The regulations under this section, in addition to the regulations in other sections of this chapter, shall apply to all shorelands within the municipality.
(D) Zoning provisions. In order to reduce the effects of overcrowding, to prevent pollution of waters of the state, to provide ample space on lots for sanitary facilities, to minimize flood damages, to maintain property values and to maintain natural characteristics of shorelands and adjacent water areas; municipal shoreland ordinances shall control lot sizes, placement of structures on lots and alterations of shoreland areas.
(1) Minimum zoning provisions; unsewered shorelands.
| | | | |
| |Natural Environment |Recreational Development|General Development |
| | | | |
|Lot area (sq. ft.) |80,000 |40,000 |20,000 |
| | | | |
|Water frontage and lot width at building line (ft.) |200 |150 |100 |
| | | | |
|Building setback from ordinary high water mark (ft.) |200 |100 |75 |
| | | | |
|Building setback from roads and highways (ft.) |20-50 |20-50 |20-50 |
| | | | |
|Building elevation* |3 |3 |3 |
|Above highest known water level | | | |
| | | | |
|Building height limitation (ft.) |35 |35 |35 |
| | | | |
|Total lot area covered by impervious surface (%) |30 |30 |30 |
| | | | |
|Sewage system setback from ordinary high water mark |150 |75 |50 |
|(ft.) | | | |
| | | | |
|Sewage system elevation above highest groundwater level|4 |4 |4 |
|or bedrock (ft.) | | | |
| |
|* Building elevation refers to the elevation of the lowest floor, including the basement. |
(2) Minimum zoning provisions; sewered shorelands.
| | | | |
| |Natural Environment |Recreational |General Development |
| | |Development | |
| | | | |
|Lot area riparian lots other lots |40,000 (20,000) |20,000 (15,000) |15,000 (10,000) |
| | | | |
|Water frontage and lot line at building line (ft.) |125 |75 |75 |
| | | | |
|Building setback from ordinary high water mark (ft.) |150 |75 |50 |
| | | | |
|Building setback from roads and highways (ft.) |20-50 |20-50 |20-50 |
| | | | |
|Building elevation* |3 |3 |3 |
|above highest known water level (ft.) | | | |
| | | | |
|Building height limitation |35 |35 |35 |
| | | | |
|Total lot area covered by impervious surface (%) |30 |30 |30 |
| |
|*Building elevation refers to the elevation of the lowest floor, including the basement. |
(3) Substandard lots. Lots of record in the County Recorder(s office prior to the effective date of this chapter which do not meet the lot area and lot width requirements of ( 156.06 below may be allowed as building sites provided: the use is permitted in the zoning district; the lot is in separate ownership from abutting lands; and, all sanitary and dimensional requirements of the county ordinance are complied with insofar as practical. Municipalities may set a minimum size for substandard lots or improve other restrictions on the development of substandard lots, including the prohibition of development until the substandard lot(s) are served by public sewer and water.
(E) Placement of structures on lots. Placement of structures on lots shall be controlled by the ordinance in accordance with the class of public water, high water elevation and location of roads and highways.
(F) High water elevations. In addition to the above requirements, structures shall be placed at an elevation consistent with any applicable local flood plain ordinances. When fill is required to meet this elevation, the fill shall be allowed to stabilize to accepted engineering standards before construction is begun. Under no circumstances shall the lowest floor elevation, including basement, be less than the three above known water levels.
(G) Exceptions. The following are exceptions to the above regulations:
(1) Boathouses may be located landward of the ordinary high water mark as a conditional use /variance provided they are not used for habitation and they do not contain sanitary facilities;
(2) Location of piers and docks shall be controlled by applicable state and local regulations;
(3) Where development exists with 150 feet on both sides of a proposed building site, proposed structural setback may be the average of the setbacks of existing structures; and
(4) Commercial, industrial or permitted open space uses requiring locations on public waters may be allowed as conditional uses/variances closer to the waters than the specified setbacks.
(H) Shoreland alterations.
(1) Natural vegetation in shoreland areas shall be preserved insofar as practical and reasonable in order to retard surface run-off and soil erosion, and to utilize excess nutrients. The removal of natural vegetation shall be controlled by the municipal shoreland ordinance in accordance with the following criteria:
(a) Clearcutting shall be prohibited except as necessary for placing public roads, utilities, structures and parking areas; and
(b) Natural vegetation shall be restored insofar as feasible after any construction project.
(2) Grading and filling in shoreland areas or any other substantial alteration of the natural topography shall be controlled by the municipal shoreland ordinance in accordance with the following criteria:
(a) The smallest amount of bare ground shall be exposed for as short a time as feasible;
(b) Temporary ground cover, such as mulch, shall be used and permanent vegetative cover, such as sod, shall be provided;
(c) Methods to prevent erosion and trap sediment shall be employed; and
(d) Fill shall be stabilized to accepted engineering standards.
(I) Subdivision provisions.
(1) Land suitability. No land shall be subdivided which is held unsuitable by the municipality for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful the health, safety or welfare of future residents of the proposed subdivision or of the community.
(2) Inconsistent plats reviewed by Commissioner of Natural Resources. All plats within shoreland areas are subject to review by the Commission which are inconsistent with the municipal shoreland ordinance shall be reviewed by the Commissioner before approval by the municipality may be granted. The review shall require that the proposed plats be received by the Commissioner at least ten days before a hearing is called by the municipality for consideration of approval of a preliminary plat.
(3) Copies of plats supplies to Commissioner of Natural Resources. Copies of all plats within shoreland areas shall be submitted to the Commissioner within ten days of final approval by the municipality.
(4) Planned unit development. Altered zoning standards may be allowed as exceptions to the municipal shoreland ordinance for planned unit developments provided:
(a) Preliminary plans shall be approved by the Commissioner prior to their approval by the municipality;
(b) Center sewage facilities shall be installed which at least meet the applicable standards, criteria, rules or regulations of the State Department of Health and the Pollution Control Agency or the planned unit development is connected to a municipal sanitary sewer;
(c) Open space is preserved. This may be accomplished through the use of restrictive deed covenants, public dedications or other methods;
(d) That the following factors are carefully evaluated to ensure that the increased density of development is consistent with the resource limitations of the public water:
1. Suitability of the site for the proposed use;
2. Physical and aesthetic impact of increased density;
3. Level of current development;
4. Amount and ownership of undeveloped shoreland;
5. Levels and types of water surface use and public access; and
6. Possible effects on overall public use.
(e) Any commercial, recreational, community or religious facility allowed as part of the planned unit development shall conform to all applicable federal and state regulations including, but not limited to the following:
1. Licensing provisions or procedures;
2. Waste disposal regulations;
3. Water supply regulations;
4. Building codes;
5. Safety regulations;
6. Regulations concerning the appropriation and use of Public Waters as defined in M.S. Chapter 105; and
7. Applicable regulations of the State Environmental Quality Board.
(f) The final plan for a planned unit development shall not be modified, amended, repealed or otherwise altered unless approved in writing by the developer, the municipality and the Commissioner; and
(g) There are centralized shoreline recreation facilities such as beaches, docks and boat launching facilities.
(Ord. 117, passed 7-9-2001)
( 156.05 ZONING DISTRICTS ESTABLISHED; OFFICIAL ZONING MAP.
(A) For the purpose of this chapter the city is hereby divided into zoning districts, as shown on the official zoning map, which, together with all explanatory matters thereon, is hereby incorporated by reference and declared to be a part of this chapter. The districts shall be known as:
(1) R-1 Single-Family Residence District;
(2) R-2 One- and Two-Family Residence District;
(3) R-3 Multiple-Family Residence District;
(4) C-1 General Commercial;
(5) C-2 Highway Oriented Commercial District;
(6) I-1 Limited Industrial District;
(7) I-2 General Industrial District;
(8) O-1 Open Space District; and
(9) P-1 Public Zone District.
(B) A certified copy of the official zoning map, together with any amendments thereto, shall be filed with the Register of Deeds. In the case of conflict between the map and the provisions of this chapter, the latter shall govern.
(C) Any major thoroughfare plan or community facilities plan may be adopted by the governing body pursuant to the provisions of M.S. ( 462.359 and if adopted shall be included on the official map. Subsequent to inclusion of such a plan or plans, whenever any street or highway is widened or improved, or any new street is opened or interest in lands for other public purposes are acquired by the municipality, it shall not be required in the proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes.
(D) All territories which may hereafter be annexed to the city shall be subject to the zoning classification of O-1, provided that the annexed area may be subject to such interim zoning requirements as the City Council may approve. The Planning Commission shall immediately begin review of the zoning classification of any annexed land and shall, within six months, prepare a report and submit recommendations to the City Council as to the proper classification.
(E) Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning districts adjoining each side of the street, alley or public way shall be automatically extended to the center of the vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
(Ord. 117, passed 7-9-2001)
( 156.06 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.
(A) Except as otherwise set forth under the provisions of this chapter, where a district is bounded by a street, highway, alley, river, stream or city limit, the center line of the feature shall be the boundary. Boundaries following railroad lines shall be construed to be located midway between the main tracks.
(B) Distances not specifically indicated on the official zoning map shall be determined by the scale of the map as interpreted by the Planning Commission.
(C) Where the actual street or property layout is at variance with that shown on the official zoning map, or in other circumstances not covered by the provisions of this chapter, the Planning Commission shall interpret the district boundaries.
(Ord. 117, passed 7-9-2001)
SPECIFIC PROVISIONS
( 156.20 R-1 SINGLE-FAMILY RESIDENCE DISTRICT.
(A) Purpose. It is the purpose of the R-1 District to encourage the establishment and the preservation of residential neighborhoods characterized by single-family buildings on large and medium sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses.
(B) Principal permitted uses.
(1) Single-family dwellings except mobile homes;
(2) Essential services and utilities intended to serve the principal permitted uses;
(3) Customary accessory uses provided such uses are clearly incidental to the principal use; and
(4) Home occupations.
(C) Conditional uses. Uses authorized upon issuance of a conditional use permit include, but are not limited to, the following:
(1) Churches, synagogues, temples, public and parochial schools, and colleges, public libraries, museums and art galleries;
(2) Municipal, denominational and private cemeteries when occupying a site of at least 20 acres and when all buildings are at least 100 feet from all property lines;
(3) Public parks, golf courses, country clubs, tennis courts and similar recreational uses (including restaurants, when the use is conducted as an accessory use, is an integral part thereof and may be entered from within the main building), and when all buildings are at least 100 feet from any property line;
(4) Medical and dental clinics;
(5) Commercial activities located on farms and limited to the sale of produce on the farms;
(6) Private park and recreational area, of at least 25 acres in area, including, but not limited to, picnic area and picnic pavilion, softball and baseball diamonds, swimming, boating and ice sport facilities, amusement and other outdoor recreational sport activities; and
(7) Hospitals, sanitariums, clinics, nursing homes, rest homes, assisted living and group homes.
(D) Requirements. The following requirements shall be observed.
(1) Maximum height: two and one-half stores or 30 feet in height.
(2) Minimum lot area: 7,500 square feet.
(3) Minimum lot frontage: the minimum lot frontage at the building line shall be 75 feet.
(4) Minimum floor area: the minimum floor area shall be:
| | | |
|3 or more bedrooms |2 bedrooms |1 bedroom |
| | | |
|1,000 square feet |900 square feet |700 square feet |
(5) Maximum lot coverage including accessory building(s): 40%.
(6) Yards and setbacks for interior lots: front, rear and side yard setbacks shall be:
| | | | |
|Front Yard Setback |Rear Yard Setback |Side Yard Setback |Side Yard Setback |
| | | | |
|30 feet |20 feet |10 feet |20 feet |
(7) Auxiliary buildings for interior lots: 30 feet front, five feet side and rear.
(8) Corner lot setbacks: 30 feet front, 20 feet rear, ten feet interior side and 20 feet street side.
(9) Corner lot auxiliary building setbacks: 30 feet front, five feet rear and interior side, and 20 feet street side.
(10) Minimum lot sized for development in an R-1 Zone District utilizing onsite sewage or septic system shall comply with lot sizes as detailed in the Carlton County Zoning Ordinance, ( 10 (Residential) or any subsequent amendments thereto.
(11) Minimum off-street parking spaces per dwelling unit: two parking spaces, as stated in ( 156.29 below.
(Ord. 117, passed 7-9-2001)
( 156.21 R-2 ONE- AND TWO-FAMILY RESIDENCE DISTRICT.
(A) Purpose. It is the purpose of the R-2 to encourage the establishment and preservation of medium-high density residential neighborhoods characterized by one and two family buildings, for owner and/or rental occupancy. Non-residential service permitted in this district will provide auxiliary service and/or will contribute to the stability and long term value of the area for residential purposes.
(B) Principal permitted uses.
(1) General: all principal permitted uses and as regulated in the Single-Family Residential District, R-1;
(2) Residential: one- and two-family dwelling groups containing not more than two dwelling units in any one building; and
(3) Home occupations.
(C) Conditional uses. Uses authorized upon issuance of a conditional use permit include, but are not limited to, the following:
(1) Churches, synagogues, temples, public and parochial schools, colleges, public libraries, museums and art galleries; and
(2) Private park and recreational areas, including but not limited to, picnic area and picnic pavilion, softball and baseball diamonds, swimming, boating and ice sport facilities, amusement and other outdoor recreational sport activities.
(D) Requirements. The following requirements shall be observed:
(1) Maximum building height: Two and one half stories or 30 feet in height;
(2) Minimum lot area: 10,000 square feet;
(3) Minimum lot frontage: the minimum lot frontage at the building line shall be 75 feet;
(4) Maximum lot coverage including accessory building: 50%;
(5) Minimum floor area: the minimum floor area shall be:
| | | |
|3 or more bedrooms |2 bedrooms |1 bedroom |
| | | |
|1,000 square feet |900 square feet |700 square feet |
(6) Yard setbacks for interior lots: front, rear and side yard setbacks shall be:
| | | | |
|Front Yard |Rear Yard |Side Yard |Side Street |
| | | | |
|30 feet |20 feet |10 feet |20 feet |
(7) Auxiliary buildings for interior lots: 30 feet front, five feet side and rear.
| | | |
|Front Yard |Rear Yard |Side Yard |
| | | |
|30 feet |5 feet |5 feet |
(8) Corner lot setbacks: 30 feet front, 20 feet street rear, ten feet interior side, and 20 feet street side.
| | | | |
|Front Yard |Street Rear Yard |Interior Side |Street Side |
| | | | |
|30 feet |20 feet |10 feet |20 feet |
(9) Corner lot auxiliary building setbacks: 30 feet front, five feet rear and interior side, and 20 feet street side.
| | | | |
|Front Yard |Rear Yard |Interior Yard |Side Street |
| | | | |
|30 feet |5 feet |5 feet |20 feet |
(10) Minimum off-street parking spaces per dwelling unit: two parking spaces, as stated in ( 156.29 below.
(Ord. 117, passed 7-9-2001)
( 156.22 R-3 MULTI-FAMILY RESIDENCE DISTRICT.
(A) Purpose. It is the purpose of the R-3 District to assist in the maintenance and development of desirable residential neighborhoods, characterized by high density development of desirable residential neighborhoods, characterized by high density development, appropriate levels of service and choice of tenancy. Non-residential uses permitted in this district shall be limited to those uses and buildings that will provide stability and dignity to the area as a residential neighborhood.
(B) Principal permitted uses.
(1) General: all principal permitted uses and as regulated in the R-1 Single-Family and R-2 One- and Two-Family Residence Districts;
(2) Residential: multiple-family dwellings for any number of families or housekeeping units;
(3) Lodging and boarding houses: lodging and boarding houses, including incidental accessory service; and
(4) Home occupations.
(C) Conditional uses. Uses authorized upon issuance of a conditional use permit include, but are not limited to, the following: churches, synagogues, temples, public and parochial schools, colleges, public libraries, museums and art galleries.
(D) Requirements. The following requirements shall be observed.
(1) Maximum building height: three stories except as authorized by the City Council, who will review each application whose height exceeds three stories. The City Council shall base approval of greater heights on the following criteria:
(a) Street system is adequate for the proposed density of development and entrances are planned to accommodate peak traffic and pedestrian needs; and
(b) Adequate fire protection is provided for the proposed building and neighboring properties.
(2) Minimum lot area: 10,000 square feet.
(3) Minimum lot frontage: the minimum lot frontage at the building line shall be 75 feet.
(4) Maximum lot coverage including accessory building: 80%.
(5) Minimum floor area: the minimum floor area shall be:
| | | |
|3 or more bedrooms |2 bedrooms |1 bedroom |
| | | |
|1,000 square feet |900 square feet |700 square feet |
(6) Yard setbacks for interior lots: front, rear and side yard setbacks shall be:
| | | | |
|Front Yard |Rear Yard |Side Yard |Side Street |
| | | | |
|10 feet |5 feet |5 feet |10 feet |
(7) Yard setbacks for corner lots: front, rear and side setbacks shall be:
| | | | |
|Front Yard |Rear Yard |Side Yard |Street Side Yard |
| | | | |
|10 feet |5 feet |5 feet |10 feet |
(8) Minimum off-street parking spaces per dwelling unit: two parking spaces as stated in ( 156.29 below.
(Ord. 117, passed 7-9-2001)
( 156.23 C-1 GENERAL BUSINESS DISTRICT.
(A) Purpose. It is the purpose of the C-1 District to permit and to encourage the establishment of commercial shopping areas which offer a wide variety of consumer goods and services.
(B) Principal permitted uses. Including, but not limited to, the following types of activities:
(1) Retail business or service establishment supplying commodities or performing services including, but not limited to, grocery stores, pharmacies, delicatessen stores, barber shops, beauty parlors, clothes cleaning and laundry establishments, specialty shops such as jewelry stores, shoe stores, hardware stores, florist shops, dry goods shops, and other similar stores and shops for the conduct of a retail business or personal services;
(2) Gasoline service stations including repair garages;
(3) Eating and drinking places: soda fountains, ice cream parlors, tea rooms, restaurants and cafes;
(4) Offices: business and professional offices, real estate, insurance and similar businesses;
(5) Business services: post offices, financial institutions, real estate, insurance and similar businesses;
(6) Processing and printing: bakery, catering establishment, laundry or dyeing and cleaning works, publishing, job printing and blue printing, employing not more than five persons on the premises;
(7) Minor fabricating and repair: appliance and television repair shop, plumbing shop, painting and decorating shop, tinsmithing shop, motor vehicle service stations including auto repairing, and tire repair shop;
(8) Dwelling units: being a part of retail and services structures and occupied by the proprietor of the retail and/or service business;
(9) Recreation services: recreation services including theaters, bowling alleys, pool and billiard rooms, dancing academies and roller and ice skating rinks; and
(10) Hotels, motels, private clubs and lodges: wholesale establishments, taverns and night clubs, commercial parking garages, public utility building and transformer stations without storage garages.
(C) Conditional uses. Uses authorized upon issuance of a conditional use permit include, but not limited to, the following:
(1) Drive-through or drive-in financial institutions, businesses or restaurants, provided that the premises shall be enclosed by a solid wall or fence at least six feet high where it adjoins in the rear or on the sides of any Residence District, public park, school or church;
(2) Self-service laundries, dry cleaners, car washes and similar uses;
(3) Outdoor commercial recreation: any type of commercial recreation, including baseball fields, swimming pools, skating rinks and similar open air facilities, provided the establishments shall be located not less than 100 feet from any residential district;
(4) Animal hospitals, veterinary clinics: kennels for display, boarding or treatment of pets and other domestic animals; provided that any structure or area used for those purposes, including pens, and exercise yards, shall be located at least 100 feet from any residential district and that such pens or exercise runs shall be enclosed on four sides by a sight obscuring, unpierced fence or wall at least six feet in height; and
(5) Motor vehicle services, farm implements: motor vehicles, trucks, trailers, farm implements, for sale or display, trailer lots, repair garages, body and fender shops, paint shops, provided that there shall be a minimum distance of 50 feet between the use and any residential district and that the premises shall be enclosed by a solid wall or fence at least six feet in height where it adjoins in the rear or on the sides of any residential district.
(D) Requirements. The following requirements shall be observed.
(1) Business in enclosed buildings: all business, services or processing shall be conducted wholly within a completely enclosed building; except for the sale of automotive fuel, lubricants and fluids at service stations, and the outdoor display or storage of vehicles, materials and equipment as heretofore specifically authorized or as may be authorized by the Board of Adjustment.
(2) Maximum building height: no principal structure shall exceed three stories or 35 feet in height.
(3) Yard setbacks: front, rear and side yard setbacks shall be:
| | | |
|Front Yard |Rear Yard |Side Yard |
| | | |
|None |None |None, except when adjoining a residential district in which case there shall be a side yard of not less |
| | |than ten feet. If an unrequired yard is provided, it shall not be less than five feet. |
(4) Buffer required: where a C-1 District is located adjacent to a Residential District and not separated therefrom by a street or alley, a buffer strip of trees and shrubs of not less than eight feet in width, shall be provided and maintained along the property line The Planning Commission may vary these requirements where conditions are such that a buffer strip will not serve a useful purpose.
(5) Storage: all outside storage materials must be in rear of lot and screened by a privacy fence of not less than six feet in height.
(6) Off-street parking: as stated in ( 156.29 below.
(Ord. 117, passed 7-9-2001)
( 156.24 C-2 HIGHWAY-ORIENTED COMMERCIAL DISTRICT.
The C-2 Commercial Zone District is established to direct commercial development to appropriate locations which will promote the efficient delivery of goods and services while assuring the integrity of surrounding land uses.
(A) Permitted uses:
(1) Wholesale and warehousing operations such as: food products, automotive parts, electrical equipment, hardware and feeds;
(2) Signs, on-site and off-site, subject to provisions of (( 156.01 and 156.05 above;
(3) Accessory uses clearly incidental to principal use;
(4) See ( 156.26(C)(2) below; and
(5) Other uses, similar to those listed above, which clearly reflect the purpose and intent of the Commercial Zone District.
(B) Uses authorized by a conditional use permit:
(1) Public and semi-public uses including, but not limited to, the following: public and private schools, churches, community buildings, public parks and recreation areas, hospitals, rest homes, fire and police stations, public maintenance repair or storage buildings;
(2) Utility corridors and necessary related facilities including, but not limited to, dams, reservoirs and power plants. Projects requiring mandatory review by the State Environmental Quality Council shall be exempt from conditional use/variance review;
(3) Transportation terminals;
(4) Single-family dwelling for personnel directly connected with the operation of a commercial establishment, provided there be only one dwelling per commercial establishment;
(5) Borrow pits and related facilities including, but not limited to, portable crushing, screening and batching equipment; and
(6) Other uses similar to those listed above.
(C) Requirements:
(1) Minimum lot areas: one-half acre (21,780 square feet);
(2) Minimum lot width: 100 feet;
(3) Maximum lot coverage allowed: including all structures and plus parking areas, loading areas and similarly altered ground surfaces: 75%;
(4) Lot line setbacks: all structures on commercially zoned property adjacent to a residential, waterfront, or (I( zone district must be set back a minimum of 50 feet from side and rear lot lines, regardless of provisions listed below, or must be screened in a manner which will provide an effective buffer between the district, the screening to be approved by the Planning Commission.
(a) Front yard setback (all structures): 25 feet.
(b) Side yard setback:
1. Principal structure: 20 feet;
2. Accessory structure: five feet; and
3. Parking areas: five feet.
(c) Rear yard setback:
1. Principal structure: 20 feet;
2. Accessory structure: 20 feet; and
3. Parking areas: 20 feet.
(5) Road setback: (from centerline of driving surface or 35 feet from right-of-way line, whichever distance is greater):
(a) Principal and minor arterials: 110 feet;
(b) Major collectors: 85 feet; and
(c) Minor collectors and local roads: 68 feet.
(6) Height limitation: 35 feet measured from first floor level to highest point of roof;
(7) Parking requirements: off-street parking shall be provided in accordance with the requirements for specific uses set forth in ( 156.29 below; and
(8) Storage: all outside storage materials must be in rear of lot and screened by a privacy fence of not less than six feet in height.
(Ord. 117, passed 7-9-2001)
( 156.25 I-1 LIMITED INDUSTRIAL MANUFACTURING DISTRICT.
(A) Purpose. It is the purpose of the I-1 District to create industrial areas that will be acceptable within the municipality and will not adversely affect adjacent business or residential neighborhoods by permitting industrial manufacturing establishments which are either:
(1) Ones whose operations are relatively free from objectionable influences; or
(2) Ones whose objectionable features will be covered by design and/or appropriate devices. In the interest of general health and welfare, residential and certain institutional uses are not permitted within this district.
(B) Principal permitted uses.
(1) Any manufacturing use or process including assembling, packaging, except any use or process that will be hazardous, offensive or objectionable by reason of odor, dust, cinders, gas, fumes, noise vibrations, radiation, refuse matter or water-carried waste.
(2) Warehousing, storage and wholesaling: the storage, handling, assembly and distribution of goods and materials for retail, wholesale or on-site use, except any combustible materials and/or flammable liquids.
(C) Prohibited uses.
(1) Residential: dwellings, dwelling units and residences of any kind, including hotels, motels, rooming houses and tourist homes.
(2) Institutional: schools, child care centers, homes for the aged and similar institutions for human care, except where they are incidental to a principal permitted use.
(D) Conditional uses. Uses authorized upon issuance of a conditional use permit include, but are not limited to, the following:
(1) Any use provided that any objectionable features normally associated with these uses, such as hazardous, offensive or objectionable by reason of odor, dust, cinders, gas, fumes, noise, waste, will be improved, controlled or eliminated through design, mechanical devices, screen planting and/or walls and other measures as specified by the Planning Commission and approved by the City Council;
(2) The storage of any combustible materials which will be located at least 200 feet from any residential district and provided that any flammable liquids will be stored in tanks, not exceeding 25,000 gallons per storage unit and at least 200 feet from any residential district; and
(3) Residential: dwellings for families of caretakers, watchmen and operators, and the sleeping and boarding accommodations as are customarily incidental and necessary to a permitted use, which building must be located on the same premises as the permitted use: further, additions to existing buildings may be authorized where the number of families or the number of lodging accommodations is not increased.
(E) Requirements. The following requirements shall be observed:
(1) Maximum building height: 35 feet;
(2) Minimum lot area: none required;
(3) Minimum lot frontage: none required;
(4) Minimum lot area per dwelling unit: none required;
(5) Yards: front, rear and side yard requirements shall be:
| | | | |
|Building Height |Front Yard |Rear Yard |Side Yard Width |
| | | | |
|1 and 2 stories or 35 feet in |30 feet |10 feet |12 feet each side yard, and 25 feet each side yard adjoining |
|height | | |any residential district |
(6) Parking requirements: off-street parking shall be provided in accordance with the requirements for specific uses set forth in ( 156.29 below.
(Ord. 117, passed 7-9-2001)
( 156.26 I-2 INDUSTRIAL MANUFACTURING DISTRICT.
(A) Purpose. It is the purpose of the district to create industrial areas to accommodate a wide variety of industrial establishments who may operate to their maximum advantage without adversely affecting other nearby similar or dissimilar uses and activities.
(B) Uses.
(1) Permitted uses. Any industrial use which is not specifically prohibited herein or any industrial use not listed as a conditional use below.
(2) Prohibited uses.
(a) Residential: dwellings, dwelling units and residences of any kind, including hotels, motels, rooming houses and tourist homes; and
(b) Institutional: schools, orphanages, child care center, homes for the aged, and similar institutions for human care, except where they are incidental to a principal permitted use.
(C) Conditional uses. Uses authorized upon issuance of a conditional use permit include, but are not limited to, the following:
(1) All principal and conditionally permitted uses as regulated in the I-1 District, except as specified below;
(2) Junk yards, including automobile wrecking and industrial metal and waste salvage, but not including refuse or garbage disposal, if located at least 100 feet from any Residence District; and all operations are conducted within an area enclosed with a solid wall or uniform tight board fence, including gates, at least ten feet in height and the enclosure shall be properly maintained;
(3) Crematory, if located not less than 200 feet from any Residence District;
(4) Railroad yard and freight station: if located, not less than 200 feet from any Residence District; and
(5) The following uses may be authorized as a conditional use if located at least 400 feet from any Residential District and if the location of the use has been approved by the Planning Commission:
(a) Acid manufacture;
(b) Cement, lime, gypsum or plaster of paris manufacture;
(c) Distillation of bones;
(d) Explosives manufacture or storage;
(e) Fat rendering;
(f) Fertilizer manufacture;
(g) Garbage, offal or dead animal reduction or dumping;
(h) Gas manufacture;
(i) Glue manufacture;
(j) Petroleum refining;
(k) Smelting of tin, copper, zinc or iron ores;
(l) Stockyards or slaughter of animals;
(m) Any other use which in the opinion of the Planning Commission is of similar character to those hereinbefore described; and
(n) Transfer station.
(D) Requirements. The following requirements shall be observed:
(1) Minimum lot areas: none;
(2) Minimum lot frontage: none;
(3) Maximum lot coverage including accessory buildings: 80%;
(4) Yard setbacks: all setbacks shall be approved by the Planning Commission prior to issuance of the building permit; and
(5) Off-street parking shall be provided in accordance with the requirements for specific uses set forth in ( 156.29 below.
(Ord. 117, passed 7-9-2001)
( 156.27 O OPEN SPACE DISTRICT.
The Open Space Zone District is established to protect and enhance vital natural resources, to maintain a buffer between incompatible land uses, and to restrict development in areas not suitable for or capable of sustaining the development, while allowing certain uses which are not detrimental to the land.
(A) Permitted uses:
(1) Permanent open space, including, but not limited to, parks, forests and game preserves;
(2) Soil and water conservation programs;
(3) Public non-commercial recreational uses including trails;
(4) Harvesting of wild crops, including but not limited to, wild rice, marsh hay, ferns, moss and berries, provided all rules and regulations governing those activities are observed;
(5) Production and harvesting of forest crops; forest management activities including planting, culture, thinning and harvesting of trees;
(6) Temporary forest processing activities including portable sawmills, debarking and chipping facilities, and temporary yarding areas;
(7) Fire and water towers, and related facilities;
(8) Wayside rest;
(9) See division (B)(1) below;
(10) Accessory uses clearly incidental to principal use;
(11) Signs, on-site, subject to provisions of (( 156.01 and 156.05 above;
(12) Transfer station; and
(13) Other uses, similar to those listed above, which clearly reflect the purpose and intent of the Open Space Zone District.
(B) Uses authorized by conditional use permit:
(1) Single-family dwelling: home occupation;
(2) Seasonal cabin;
(3) Farming activities of all types;
(4) Utility corridors and related facilities including, but not limited to, transmission towers and lines, microwave relay towers, substations and pipelines;
(5) Necessary facilities for the production of electric power including, but not limited to, dams, reservoirs, and power plants. Projects requiring mandatory review by the State Environmental Quality Board shall be exempt from conditional use/variance review;
(6) Borrow pits and related facilities including, but not limited to, portable crushing, screening, and batching equipment;
(7) Signs, off-site, subject to provisions of (( 156.01 and 156.05;
(9) Mineral exploration; and
(10) Other uses similar to those listed above.
(C) Requirements:
(1) Minimum lot area: one acre (43,560 square feet);
(2) Minimum lot width: 100 feet;
(3) Maximum lot coverage allowed, including accessory structures: 25%;
(4) Lot line setbacks:
(a) Front yard setback (all structures): 50 feet;
(b) Side yard setback:
1. Principal structure: 25 feet; and
2. Accessory structure: 25 feet.
(c) Rear yard setback:
1. Principal structure: 25 feet; and
2. Accessory structure: 25 feet.
(d) Shoreline setback:
1. Principal structure: 50 feet; and
2. Accessory structure: 50 feet.
(5) Road setback: (from centerline of driving surface or 35 feet from right-of-way, whichever distance is greater):
(a) Principal and minor arterials: 110 feet;
(b) Major collectors: 85 feet; and
(c) Minor collectors and local roads: 68 feet.
(6) Height limitation: 35 feet measured from first floor level to highest point of roof; and
(7) Off-street parking shall be provided in accordance with the requirements for specific uses set forth in ( 156.29 below.
(Ord. 117, passed 7-9-2001)
( 156.28 P PUBLIC ZONE DISTRICT.
(A) Purpose. To recognize a district which is currently in the public domain and which is the location of actual or planned facilities intended to serve the public; to permit orderly and economic development of public service utilities and schools within such a (Public( District.
(B) Principal permitted uses.
(1) Parks: recreational, neighborhood, natural preserves and other uses exclusive of utility parks;
(2) Schools: public or private and ancillary facilities;
(3) Utilities: public and private utilities in compliance with all local, state and federal regulations;
(4) Hospitals and clinics: exclusive of public or private institutions for confinement of civil and criminal commitments;
(5) Cemeteries; and
(6) Other public works.
(C) Conditional uses. Uses authorized upon issuance of a conditional use permit include, but are not limited to, the following:
(1) Airport: public and/or private, seaplane base;
(2) Campground, public or private;
(3) Disposal plant: sewage;
(4) Gravel pit, quarry, equipment storage, rock crushing; and
(5) Public or private institutions for care of criminal or civil commitments.
(D) General requirements. The following requirements shall be observed:
(1) Accessory uses: uses incidental to and in the same zone district as the principal use are allowed;
(2) Minimum lot size; front yards, side yards, rear yards, setbacks: all proposed developments, whether new or existing uses, shall be reviewed by the Planning Commission on matters related to lot sizes, setbacks, side yards, parking and the like;
(3) Maximum lot coverage: 65%;
(4) Maximum structure height: no principal structure shall exceed two stories or 35 feet in height;
(5) Buffer required: where a Public Zone District is located adjacent to another district in which the principal permitted use is clearly in conflict with or may be negatively affected by a permitted use in the Public Zone District, the Planning Commission may require buffer strips or other landscaping and related measures as may be necessary to protect the public interest and/or to comply with the spirit and intent of this chapter; and
(6) See also Chapter 155.
(Ord. 117, passed 7-9-2001)
( 156.29 OFF-STREET PARKING AND LOAD REGULATIONS.
(A) It is the purpose of the off-street parking and load regulations to reduce the congestion on streets due to excessive use for parking and loading of motor vehicles. The requirements apply uniformly to all buildings and uses, regardless of the districts in which they are located.
(B) Off-street motor vehicle storage or parking space shall be provided on any lot on which any of the following uses are hereafter established:
(1) Dwelling: Two parking spaces for each dwelling unit;
(2) Tourist accommodations, hotel or motel: one parking space for each room offered and other general parking to be reviewed by the Planning Commission;
(3) Theater, stadium, auditorium or other places of public assembly: one parking space for each five seats, based on maximum seating capacity;
(4) Stores and other establishments in commercial business districts: two square feet of parking space for each one square foot of retail commercial floor area;
(5) Office building: one parking space for each 150 square feet of office floor area; and
(6) Industrial or manufacturing establishments: adequate off-street parking for employees, visitors, loading and unloading vehicles, to be approved by the Planning Commission.
(C) The space shall be provided with vehicular access to street or alley and shall be considered required open space associated with a permitted use. It shall not be reduced or encroached upon in any manner after the use is established. Where the space cannot be reasonably provided on the same lot with the principal use, the Council, with the recommendation of the Planning Commission, may permit the space to be located on other off-street property if the space is within 500 feet of the permitted use, measured along lines of public access.
(D) In any commercial or industrial district, space for loading of vehicles shall be provided on the same lot for every building used or assigned to be used for commercial purposes and any required yard may be used for that purpose. Adequate off-street parking shall be provided for parking, loading and unloading, to be approved by the Planning Commission.
(Ord. 117, passed 7-9-2001)
( 156.30 SIGNS.
(A) Purpose. It is the intent of this chapter to permit business signs where they are moderate in size and design and consistent with the public safety and the welfare of surrounding areas.
(B) Permit required. Except as otherwise specifically authorized, no sign shall be located, erected, moved, reconstructed, extended, enlarged or structurally altered within the city until reviewed by the Planning Commission. No permit shall be issued for a sign not in conformity with the size, type, number, location and use regulations affecting each zoning district.
(C) Exceptions. A permit shall not be required for the following classes of signs:
(1) Class A signs: Official traffic control signs, and informational notice erected by federal, state or local units of government;
(2) Class B signs: On-premise real estate signs, residential identification warning and similar signs not greater than six square feet in area; and
(3) Temporary signs: Shall not be erected to stand a period of greater than 72 hours. Political signs must follow state regulations.
(D) Prohibited characteristics of signs.
(1) No sign shall resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs, signals or devices.
(2) No sign shall be so located as to interfere with the visibility of effectiveness of any official traffic sign or signal, or with driver vision at any access point or intersection.
(3) No sign shall be erected, relocated or maintained so as to prevent free ingress or egress from any door, window or fire escape, and no sign shall be attached to a standpipe or fire escape.
(4) No sign shall contain any rotating or moving parts, or be illuminated by flashing light so as to unduly distract the motoring public.
(5) No sign shall be located on a lot so as to reduce the required dimensional setback and side yard requirements of the district in which it is located.
(E) Classification of signs requiring permit.
(1) Class C Signs: On premise signs which advertise a business activity of service performed on the property.
(a) Type 1: Signs advertising a permitted home occupation or professional office. The signs shall not exceed six square feet in area, and if illuminated shall be indirectly lighted. No more than one sign for each use located on the premises shall be permitted.
(b) Type 2: Signs or bulletin boards for public, charitable or religious institutions. The signs shall not exceed 12 square feet in area, and no more than one sign for each highway upon which the property faces shall be permitted. The signs may be placed at the right-of-way of the highway.
(c) Type 3: Signs advertising a business activity in a C-1 District or a service available in any other district other than in a C-2 District. The signs shall not exceed 80 square feet in area when non-lighted, and if illuminated shall not exceed 40 square feet in area. No sign may project more than six feet beyond a building when attached, thereto, or be higher than four feet above the top roof line. Free standing signs shall not exceed 20 feet in height from the ground.
(d) Type 4: Temporary signs advertising the sale of farm products produced on the premises. The signs shall not exceed 24 square feet in area, and no more than three non-lighted signs advertising produce may be erected within 100 feet of the stand.
(e) Type 5: Signs in a C-2 District shall require a permit to be issued by the Planning Commission.
(2) Class D Signs: Signs or billboards which advertise a general brand of product, an area of interest, a business activity or service available which is not in direct relation to the use of the premises on which it is located. The signs shall not exceed 300 square feet in area. Free standing signs shall be erected outside a line parallel to and 50 feet from the highway right-of-way, shall not exceed 26 feet in height above the ground or be located within 300 feet of an existing residence.
(3) Class E Signs: Off premise directory signs in the specific interest of the traveling public which advertise a business activity, an area of interest or a service available at a specific location within 12 air miles of the premises on which it is located.
(a) Type 1: Recreational directory signs indicating the direction to a cottage, resort, residence, or similar use. The signs shall not exceed four square feet in area. When a common posting is provided, all the signs shall be attached thereto. Recreational directory signs may be placed at the right-of-way line of the highway provided they are not within 100 feet of an existing residence. Information on the signs may be of reflective materials.
(b) Type 2: Signs advertising a business or activity, conducted area of interest, or service available. The signs shall not exceed 12 square feet in area, and no more than two signs relating to any one use shall be permitted in the approaching direction along any one highway. A larger number of signs and a greater distance from the premises may be reviewed by the Planning Commission by a conditional use/variance permit finding it necessary for directing the traveling public.
(F) Class and type of signs permitted in various zoning districts.
| | |
|Class and Type of Sign |Zoning District |
| | |
|Class A |Any |
| | |
|Class B |Any |
| | |
|Class C, Type 1 |R-1, R-2, R-3, I-1, I-2 |
| | |
|Class C, Type 2 |Any |
| | |
|Class C, Type 3 |I-1, I-2, C-1, C-2 |
| | |
|Class C, Type 4 |R-1, C-1, C-2 |
| | |
|Class C, Type 5 |C-2 (only) |
| | |
|Class D |Any |
| | |
|Class E, Type 1 |Any |
| | |
|Class E, Type 2 |Any |
| | |
|Temporary |Any |
(G) Nonconforming signs. Nonconforming signs shall be reviewed by the Planning Commission and approved by the City Council.
(H) Inactive signs. Signs for inactive businesses or organizations must be removed within 90 days.
(Ord. 117, passed 7-9-2001)
( 156.31 NONCONFORMING USES.
(A) Intent. It is the intent of this section to regulate nonconforming uses of structures and lots and to provide for their gradual elimination.
(B) Nonconforming uses. Any lawful use of a structure or lot existing at the time of adoption of this chapter may be continued although the use does not conform to the provisions of this chapter for so long as it remains lawful, subject to the provisions of this section.
(C) Conditions. The following conditions shall govern the continuance of nonconforming uses:
(1) No nonconforming use shall be enlarged, increased, extended or moved unless the use is changed to one permitted pursuant to the provisions of this chapter;
(2) Any non-structural repairs and incidental alterations for normal maintenance may be made. Structural alterations required by law or ordinance shall be allowed;
(3) Any nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for the use at the time of adoption or amendment of this chapter, but no like use shall be extended to occupy any land outside the building;
(4) Upon discontinuance or abandonment of the use for a period of six consecutive months, or for 18 months during any three-year period, no use shall be made except as in conformance with the regulations of the district within which it is located; and
(5) Any structure which has been substantially destroyed by any means may be reconstructed according to original footprint and size at the time of the disaster provided it is a requirement of the mortgage or insurance company. If the owner wishes to rebuild damaged properties not required by the mortgage or insurance company, the owner shall apply to the Planning Commission for a conditional use/variance permit.
(D) Change of use. Any nonconforming use may not be changed to another nonconforming use.
(Ord. 117, passed 7-9-2001)
( 156.32 CITY ZONING OFFICER.
(A) The City Council shall hire a Zoning Officer, whose duty it shall be to administer and enforce the provisions of this chapter. His or her administrative functions shall include, but not be limited to, the duties as prescribed below:
(1) Provide necessary forms and applications;
(2) Issue land use permits upon demonstration of the applicant(s compliance with the provisions of this chapter;
(3) Issue certificate of compliance;
(4) Issue any permits authorized by the City Council;
(5) Identify and record information relative to nonconforming uses and structures;
(6) Provide assistance in zoning changes and amendments to the ordinance text or map;
(7) Maintain files of applications, permits and other relevant documents; and
(8) Make an annual report of his or her activities to the City Council and to the Planning Commission.
(B) The Zoning Officer shall have all powers and authority conferred by laws, statutes and ordinances to enforce the provisions of this chapter, including, but not limited to, the following: access to any structure for inspection or enforcement purposes with the permission of the owner or upon issuance of a special inspection warrant.
(C) Zoning permits shall be issued in accordance with the following provisions.
(1) Applications shall be accompanied by scale maps or drawing showing accurately the location, size and shape of the lot(s) involved and of any proposed structures, including the relation to abutting streets, lakes or streams, and the existing and proposed use of each structure and lot. One copy shall be retained by the Zoning Officer and the original copy should be retained by the city when the plans have been approved.
(2) Any permit shall be valid for 12 months after date of issue. When construction has not been started on valid permits within a 12-month period from the date of issue, an extension of time may be granted upon application to the Zoning Officer.
(3) No permit shall be required for maintenance, repair or remodeling where the building area coverage is not increased, so long as the maintenance repair or remodeling is in compliance with other sections of this chapter.
(4) Permits issued hereunder may be revoked for cause, including but not limited to, mistakes or misrepresentation of fact, issuance in violation of the provisions of this chapter, or in violation of any other applicable law or ordinance and for violation of the terms and conditions of the permit.
(Ord. 117, passed 7-9-2001)
( 156.33 PLANNING COMMISSION.
(A) There is herewith created a Planning Commission consisting of seven members appointed or removed by the City Council. No more than two voting members shall be an officer or employee of the municipality. All members shall be appointed for a term of three years, provided that each member shall serve until his or her successor is duly appointed. A quorum shall consist of three voting members
(B) Members of the Planning Commission may be compensated in an amount determined by the City Council and may be paid their necessary expenses in attending meetings of the Planning Commission and in the conduct of the business of the Planning Commission.
(C) A Chairperson shall be elected from among the members of the Planning Commission. The secretary shall be the City Clerk or designee.
(D) The Planning Commission shall have and exercise the following powers:
(1) To adopt rules or procedure governing the transaction of its business;
(2) To cooperate with the Zoning Officer and other employees of the city in preparing and recommending to the City Council for adoption a comprehensive plan and recommendations for plan execution in the form of official controls and other measures and amendments thereto;
(3) To conduct hearings as may be required by law and by the provisions of this chapter, and in connection therewith to make findings and conclusions which shall be transmitted to the City Council with the comments and recommendations as it deems necessary;
(4) All other powers granted to it by law and by the provisions of this chapter; and
(5) The Planning Commission shall be the Board of Adjustment for the city.
(E) Vacancies occurring on the Planning Commission shall be promptly filled by the City Council.
(Ord. 117, passed 7-9-2001)
( 156.34 BOARD OF ADJUSTMENT.
The Planning Commission shall serve as the Board of Adjustment. Board of Adjustment appeals may be directed to the City Council.
(Ord. 117, passed 7-9-2001)
( 156.35 CONDITIONAL USE PERMITS/VARIANCE REQUESTS.
(A) Procedure.
(1) Application shall be made to the Zoning Officer who shall promptly refer it to the Planning Commission. The application shall contain the information required under ( 156.31(C)(1) above, along with other data and information as the Planning Commission may deem necessary to properly evaluate the application.
(2) The Planning Commission shall hold a public hearing on the application within 30 days after it is filed. Public notice shall be given in accordance with the applicable provisions of ( 156.36(D) below.
(3) The Planning Commission shall report its recommendations to the City Council within 45 days after filing of the application. Recommendations shall include an accurate description of the proposed conditional use/variance, a description of the property upon which the conditional use/variance is sought to be located, along with any other recommendations of proposed conditions of the Planning Commission.
(B) A conditional use/variance permit shall be granted by a majority vote of the City Council upon written findings of fact that the following conditions have been compiled with. Approval may be subject to further conditions as the City Council may deem necessary.
(1) That the proposed development is likely to be compatible with development permitted under the general provisions of this chapter on substantially all land in the vicinity of the proposed development.
(2) That the conditional use/variance will not be injurious to the use and enjoyment of the environment, or detrimental to the rightful use and enjoyment of other property in the immediate vicinity, nor substantially diminish or impair property values within the vicinity.
(3) That the proposed use is consistent with the overall comprehensive municipal plan and with the spirit and intent of the provisions of this chapter.
(C) Shoreland areas.
(1) A copy of all notices of any public hearings to consider conditional use permits that are on shoreland areas (see ( 156.02 above) under this chapter shall be forwarded to the Commissioner of Natural Resources at least ten days prior to the hearings.
(2) A copy of these conditional use/variance permits shall be forwarded to the Commissioner of Natural Resources within ten days of the action(s).
(D) Denial. In the event that the City Council denies an application for a conditional use/variance permit, the factual basis and reasons for the denial shall be set forth in written findings of fact. Those findings shall be adopted contemporaneously with the action of denial.
(E) Termination. Where a conditional use/variance does not continue in conformity with the conditions of the original approval, the conditional use/variance permit shall be terminated by the City Council.
(Ord. 117, passed 7-9-2001)
( 156.36 AMENDMENTS.
(A) Amendments. The regulations, restrictions and boundaries set forth in this chapter may be amended, supplemented or repealed in accordance with the provisions of this section.
(B) Initiation. Amendments may be initiated by the Planning Commission, the City Council, or by petition of any person owning property within the boundaries of the district subject to the proposed amendment.
(C) Referral to Planning Commission. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study and report and may not be acted upon by the City Council until it has received the recommendation of the Planning Commission on the proposed amendment, or until 60 days have elapsed from the date of reference of the amendment without a report being prepared by the Planning Commission.
(D) Hearing.
(1) No amendment shall be adopted until a public hearing has been held thereon by the City Council. The notice of the time, place and purpose of the hearing shall be published in the city(s official newspaper at least ten days prior to the day of the hearing.
(2) When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed by the council at least ten days before the day of the hearing to each owner of the affected property and property situated wholly or partly within 350 feet of the use to which the amendment relates.
(3) For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of the owners.
(4) A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings.
(5) The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings provided a bona fide attempt to comply with this division has been made.
(E) Fees. No action shall be taken on any application by an applicant other than the Planning Commission or the City Council until the applicant shall have paid to the City Clerk or Zoning Officer an appropriate filing fees as established by the provisions of ( 156.37 below.
(Ord. 117, passed 7-9-2001)
( 156.37 SCHEDULE OF FEES, CHARGES AND EXPENSES.
The City Council shall establish a schedule of fees, charges and expenses for permits, certificates, appeals and other documents and actions required by the provisions of this chapter. This schedule shall be available in the office of the City Clerk. No permit, certificate or variance shall be issued unless the fees, charges or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Adjustment unless or until fees, charges and expenses have been paid in full.
(Ord. 117, passed 7-9-2001)
( 156.99 PENALTY.
(A) Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint with the Zoning Officer, stating fully the causes and basis thereof. The Zoning Officer shall maintain a record of the complaints and shall take appropriate action pursuant to the provisions of this chapter.
(B) Any unauthorized change of the official zoning map shall be considered a violation of the provisions of this chapter.
(C) Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall be guilty of a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 117, passed 7-9-2001)
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