80-008 ORD
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PUBLIC NOTICE
AFFIDAVIT OF PUBLICATION
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Slul,> of JUitw,>sola
County (~f' Slzer/nune
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Charles F. Dare, being duly sworn on oath says he is and during all the times
herein stated has been the publisher and printer of the newspaper known as
Sherburne County Star News and has full knowledge of the facts herein stated as
follows: (1) Said newspaper is printed in the English language in newspaper
format and in column and sheet form equivalent in printed space to at least 900
square inches. (2) Said newspaper is a weekly and is distributed at least once
each week, (3) Said newspaper has 50% of its news columns devoted to news of
local interest to the community which it purports to serve and does not wholly
duplicate any other publication and is not made up entirely of patents, plate
matter and advertisements, (4) Said newspaper is circulated in and near the
municipality which It purports to serve, has at least 500 copies regUlarly
delivered to paying subscribers, has an average of at least 75% of its total
circulation currently paid or no more than three months in arrears and has entry
as second-class matter in its iocal post-office. (5) Said newspaper purports to
serve the City of Elk River ill the County of Sherburne and it has Its known office
of issue in the City of Elk River in said county, established and open during its
regular business hours for the gathering of news, sale of advertisements and sale
of subscriptions and ma intained by the publiSher of said newspaper or persons in
his employ and subject to his direction and control during all such regular
business hours and devoted exclusively during such regular business hours to the
business of the newspaper and business related thereto. (6) Said newspaper files
a copy of each issue immediately with the State Historical Society. (7) Said
newspaper is made available at Single or subscription prices to any person,
corporation, partnership or other unincorporated association requesting the
newspaper and making the applicable payment. (8) Said newspaper has complied
with all the foregOing conditions for at least one year preceding the day or dates
of publication mentioned below, (9) Said newspaper has filed with the Secretary
of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an
affidavit in the form prescribed by the Secretary of State and signed by the
publisher of said newspaper and sworn to before a notary pUblic stating that the
newspaper is a legal newspaper, ~ _ I ^. ~.
He further states on oath that the printed ~.<..))U
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hereto attaChed as part hereof was cut from the columns of Mid newspaper,
and was printed and published therein in the EngliSh language, once each week
for _-1~ successive weeks; that it was first so published on Thursday,
the I ~ day of _ ~u..IlA...O __ 19~ and was thereafter
printed and published every Thursday to and inclUding the
day of 19__ and that the following is a
printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby
acknowledged as being the size and kind of fype used in the composition and
publication of said notice, to wit:
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{~9"- ..!) .." NOTARY PUBLIC. MINNESOTA ' .
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SUBDIVISION ORDINANCE
CITY OF ELK RIVER, MINNESOTA
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The City Council of Elk River, Minnesota,
ordains and adopts the Subdivision Ordinance
of the City of Elk River, as follows:
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~Section 1008 - Subdivision Ordinance
1008.00 - Short Title. This ordinance shall be known as the "SUBDIVISION ORDINANCE
OF THE crTY OF ELK RIVER" and will be referred to herein as "this Ordinance."
1008.02 - Purpose. All subdivisions of land hereafter submitted for approval shall
fully comply, in all respects, with the regulations set forth herein. It is the purpose
of these regulations to:
1. Provide for and guide the orderly, economic and safe development of land and
urban services and facilities.
2. Encourage well-planned, efficient, and attractive subdivisions by establishing
adequate standards for design and construction.
3. Facilitate adequate provision for streets, transportation, water, sewage, storm
drainage, schools, parks, playgrounds and other public services and facilities.
4. Place the cost of improvements against those benefiting from their construction.
5. Secure the rights of the public with respect to public lands and waters.
6. Set the minimum requirements necessary to protect the public health, safety,
and general welfare.
1008.04 - Scope and Legal Authority. The rules and regulations governing plats
~and subdivision of land contained herein shall apply within the boundaries of the City
of Elk River (the City) in accordance with and as permitted by Minnesota Statutes (the
Law). Except in the case of re-subdivision, this Ordinance shall not apply to any lot
or lots forming a part of a subdivision recorded in the office of the Register of Deeds
prior to the effective date of this Ordinance, nor is it intended by this Ordinance
to repeal, annul or in any way impair or interfere with existing provisions of other
laws or ordinances except those specifically repealed by, or in conflict with, this
Ordinance, or with restrictive covenants running with the land. Where this Ordinance
imposes a greater restriction upon the land than is imposed or required by such existing
provisions of law, ordinance, contract, covenants or deed, the provisions of this
Ordinance shall control.
1008.06 - Rules and Definitions.
1. Rules.
a. Words used in the present tense include the past and future tense; the
singular number includes the plural and the plural includes the singular;
the word "shall" is mandatory, and the words "should" or "may" are permissive.
b. In the event of conflicting provisions in the text of this Ordinance,
the more restrictive shall apply.
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2. Definitions. Unless the context clearly indicates otherwise, the words,
combination of words, terms and phrases as used in Section 1008.00 et~. shall
have the meanings set forth in the following paragraphs:
a. Administrative Subdivision - A subdivision involving the creation of four
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or fewer parcels, tracts or lots.
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b. Administrative Subdivision Review Committee - The City Administrator,
the Director of Community Development, and any other person designated by
the City Administrator.
c. Block - The enclosed area within the perimeter of roads, property lines
or boundaries of the subdivision.
d. Boulevard - The portion of the street right-of-way between the curb line
and the property line.
e. Butt Lot - A lot at the end of a block and located between two corner
lots.
f. Central Sewage System - A community sewer system including collection
and treatment facilities established by the subdivider to serve the
subdi vi sion.
g. Comprehensive Development Plan - A comprehensive plan prepared by the
City including a compilation of policy statements, goals, standards and maps
indicating the general locations recommended for the various functional classes
of land use, places and structures, and for the general physical development
of the City. It shall have the same meaning as "comprehensive municipal plan"
in the Law.
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h. Contour Map - A map on which irregularities
by lines connecting points of equal elevation.
vertical height between contour lines.
of land surface are shown
Contour interval is the
i. Copy
A print or reproduction made from a tracing.
j. Corner Lot - A lot bordered on at least two (2) sides-by adjoining streets.
k. County - Sherburne County, Minnesota.
1. County Board - The Sherburne County Board of Commissioners.
m. Deflection - The angle be~~een a line and the prolongation of the preceding
line.
n. Development - The act of building structures or installing site
impr ovemen ts.
o. Double Frontage Lots - Lots which have a front line abutting on one street
and a back or rear line abutting on another street.
p. Drainage Course - A water course or indenture for the drainage of surface
water.
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q. Easement - A grant by an owner of land for a specific use by persons other
than the owner.
r. Final Plat - The final map, drawing or chart on which the subdivider's
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plan of subdivision is presented to the City Council for approval and which,
if approved, will be submitted to the County Register of Deeds.
s. Individual Sewage Treatment System - A sewage treatment system or part
thereof, serving a dwelling, or other establishment, or group thereof, which
utilizes subsurface soil treatment and dispersal.
t. Key Map - A map drawn to comparatively small scale which definitely shows
the area proposed to be platted and and the areas surrounding it to a given
distance.
u. Lot - A parcel or portion of land in a subdivision or plat of land
separated from other parcels or portions by description, as on a subdivision
or registered land survey map, for the purpose of sale or lease or separate
use thereof.
v. Metes and Bounds Description - A description of real property which is
not described by reference to a lot or block shown on a map, but is described
by starting at a known point and describing the bearings and distances of
the lines forming the boundaries of the property, or delineates a fractional
portion of a section, lot or area by described lines or portions thereof.
w. Minimum Subdivision Design Standards - The guides, principles and
specifications for the preparation of subdivision plans indicating, among
other things, the minimum and maximum parameters of the various elements set
forth in the plans.
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x. Natural Waterway - A natural passageway in the surface of the earth so
situated and having such a topographical nature that surface or percolating
water flows through it from other areas before reaching a final ponding area.
y. Owner - An individual or legal entity having sufficient legal interest
in the land sought to be subdivided to commence and maintain proceedings to
subdivide the same under this Ordinance.
z. Pedestrian Way - A public right-of-way across or within a block, to be
used by pedestrians.
aa. Person - Any individual or legal entity.
bb.
land
is a
Plat - A map or drawing
parcels for the purpose
recorded legal document
which graphically delineates the boundary of
of identification and record of title. The plat
and must conform to the Law.
cc. Platting Authority - The City Council.
dd. Preliminary Plat - The preliminary map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Planning Commission
and City Council for their consideration.
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ee. Protective Covenants - Contracts entered into between private parties
which constitute a restriction on the use of all or some of the private
property within a subdivision for the benefit of the property owners.
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ff. Public Sewer or Public Sewage System - A sewer or sewage system in which
all owners of abutting properties have equal rights, and which is controlled
by a public authority.
gg. Ri~ht-of-Way - The land covered by a public road or other land dedicated
for public use or restricted for certain private use such as utilities.
hh. Sewage - Any water-carried domestic wastes, exclusive of footing and
roof drainage, from any industrial, agricultural or commercial establishment,
or any dwelling or other structure. Domestic waste includes, but is not
limited to, liquid waste produced by bathing, laundry, culinary operations,
and liquid wastes from toilets and floor drains. Domestic waste specifically
excludes animal waste and commercial process wastes.
ii. Sketch Plan - An informal layout of the proposed subdivision including
preliminary topographic data, location of existing structures, requested zoning
changes, relationship to existing community facilities and relationship to
existing surrounding land use. This plan is not necessarily drawn to scale
and exact accuracy is not a requirement.
jj. Standard Subdivision - A subdivision involving the creation of five or
more parcels, tracts, or lots.
kk.
Streets and Alleys -
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i. Street - A public right-of-way for vehicular traffic, whether
designated as a street, highway, thoroughfare, arterial, parkway,
collector, throughway road, avenue, boulevard, lane, place or however
otherwise designated.
~~. Collector Street - A street which carries traffic from minor streets
to arterials.
~~~. Cul-de-sac - A minor street with only one outlet and having an
appropriate turn-around for the safe and convenient reversal of traffic
movement.
iv. Marginal Access Street - A minor street which is parallel and
adjacent to an arterial street and which provides access to abutting
properties and protection from through traffic.
v. Minor Street - A street of limited continuity which is used primarily
for access to abutting properties.
vi. Alley - A public right-of-way which is used primarily for secondary
vehicular service access to the back or the side of properties abutting
on a street.
vii. Private Street - A street serving as vehicular access to two (2)
or more parcels of land which is not dedicated to the public but is owned
by one or more private parties.
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viii. Arterial Street - A street or highway with access restrictions
designed to carry large volumes of traffic between various sectors of
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the City or County and beyond.
11. Street Width - The shortest distance between the lines delineating the
right-of-way of a street.
mm. Subdivider Any person commencing proceedings under this Ordinance to
effect a subdivision of land hereunder for himself or ror another.
nn. Subdivision - The division or separation by plat or metes and bounds
description of an area, parcel, or tract or land under single ownership into
two or more parcels, tracts or lots ror transrer or ownership or ror
residential, commercial, industrial, or other use or any combination thereor;
or any separation or division or land necessitating the creation of a new
street or road. The term includes re-subdivision and where it is appropriate
to the context relates either to the process of subdividing or the land to
be subdivided. The term subdivision shall not include:
i. The separation or division or agricultural or residential land into
parcels, tracts or lots greater than twenty (20) acres in area and not
less than 500 feet in width where no new streets, roads or other rights-
of-way are involved; or
ii. The separation or division or commercial or industrial land into
parcels, tracts or lots greater than rive (5) acres in area and not less
than three hundred (300) reet in width where no new streets, roads or
other rights-of-way are involved; or
~11. The separation or division or a parcel, tract or lot ror the purpose
of attachment to contiguous parcels, tracts or lots provided that no
residual parcel, tract or lot is lert unattached.
00. Tangent - A straight line; also a straight line projected rrom the end
of a curve, which is perpendicular to a line in the curve drawn rrom the radius
point to the end of the curve.
pp. Traci~ - A plat or map drawn on transparent paper or cloth Which can
be reproduced by using regular reproduction procedure.
qq. Zoning Ordinance - The zoning ordinance of the City adopted by the City
Council.
1008.08 - Procedure.
1. Standard Subdivision. Standard subdivisions shall be reviewed by the City
in accordance with the following procedures:
a. Pre-Application Meeting. Prior to the preparation or a preliminary plat,
the subdivider or owner shall meet with the City Administrator and other
appropriate officials designated by the City Administrator in order to be
made fully aware of all ordinances, regulations and plans applicable to the
area to be subdivided. At this time or at subsequent meetings, the subdivider
may submit a general sketch plan of the proposed subdivision and preliminary
proposals ror water supply and waste disposal. The subdivider is urged to
avail himself of the advice and assistance or the City Planning Commission
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and other appropriate officials at this point to expedite review and approval
of the preliminary plat.
b. Preliminary Plat.
i. After the pre-application meeting, the subdivider or owner shall
file with the City Clerk fifteen (15) copies of a preliminary plat.
The preliminary plat shall be accompanied by proof of ownership (abstract,
title insurance policy, registered property abstract and any unrecorded
documents) satisfactory to the City Attorney. All plats and subdivisions
presented to the City Clerk for approval by the Planning Commission and
City Council shall be accompanied by a filing fee established by
resolution of the City Council.
Rejection of the plat or subdivision by the City Council, or abandonment
or withdrawal of the proposed plat or subdivision by the subdivider,
shall not entitle the person or persons who paid the fee to the return
of all or any part thereof.
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ii. If the proposed subdivision abuts on a county right-of-way, the
City Clerk may refer one (1) copy of the preliminary plat to the County
Engineer, one (1) copy to the City Engineer and two (2) copies to the
City Planning Commission for their review and report. The subdivider
shall obtain a certificate from the County Engineer stating that the
subdivision complies with county standards relating to street access,
driveway access and right-of-way reservation. Plats abutting county
rights-of-way shall not be approved without county certification. A
similar procedure shall be followed with the State Department of
Transportation if the proposed subdivision abuts a roadway under the
jurisdiction of the State of Minnesota. The County Engineer shall approve
or deny certification twenty (20) days after the date of receipt of the
plat. The City Engineer shall report to the City Planning Commission
within twenty (20) days after the date of receipt of the preliminary
plat.
If the proposed subdivision does not abut on a county right-of-way, the
City Clerk may refer one (1) copy of the preliminary plat to the City
Engineer, and two (2) copies to the City Planning Commission. The
Engineer shall report to the Planning Commission twenty (20) days after
the date of receipt of the plat.
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iii. Within thirty (30) days after the preliminary plat is filed with
the City Clerk and after reports and certifications required in Section
l008.08(1)(b)(i), (ii) and after a report from the City Administrator
or his designee have been received as requested, the City Planning
Commission shall hold a public hearing on the preliminary plat after
notice of the date, time, place and purpose of the hearing has been
published once in the official newspaper at least ten (10) days before
the date of hearing. The Planning Commission may, in its discretion,
refer one (1) copy of the preliminary plat to utilities, school districts
and affected metropolitan, county, regional, special district or state
agencies for review and comment. The referral letter shall state that
comments or recommendations must be submitted to the City within twenty
(20) days after the date of referral. The Planning Commission shall
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make its written recommendation on the preliminary plat to the City
Council within thirty (30) days after the date of the public hearing,
unless the subdivider shall consent on the record to a continuance.
iv. Except as otherwise provided herein, upon request of the City Clerk,
after the Planning Commission has submitted its recommendation on the
plat, the City Council as the Platting Authority shall make its decision
within sixty (60) days of the date of the Planning Commission hearing
unless the subdivider shall consent on the record to a continuance.
It may by resolution setting forth findings and reasons for its decision:
(a) Grant approval of the preliminary plat, with or without
modification, and without conditions, or with such conditions as
the Council may deem necessary or desirable upon making the findings
set forth in Section 1008.08(1)(d) of this Ordinance; or
(b) Refer the preliminary plat to the appropriate City staff,
officers or departments for further investigation and report to
the Council at a specified future meeting thereof; or
(c) Reject the preliminary plat.
v. Approval of the preliminary plat is an acceptance of the general
layout submitted and indicates to the subdivider that he may proceed
toward approval of the final plat in accordance with the resolution
granting preliminary approval and the terms of this Ordinance.
vi. Subsequent to approval of the preliminary plat and prior to approval
of the final plat, the subdivider shall submit engineering plans,
satisfactory to the City, for all required improvements.
c.
Final Plat.
i. Within one (1) year after the date of City Council approval of the
preliminary plat, the subdivider or owner shall file ten (10) copies
of the final plat with the City Clerk. If the final plat is not filed
within said period, the preliminary plat will be considered void unless
for good cause sho~ an extension is requested in writing by the
subdivider and granted by the City Council.
ii. The City Clerk shall refer two (2) copies of the final plat to the
Planning Commission for its review and report, and shall distribute the
other copies of the final plat to the persons, districts, or agencies
which reviewed the preliminary plat. The report of the Planning
Commission and all referral persons and agencies shall be submitted to
the City Council within thirty (30) days after the date of filing of
the final plat.
iii. When approval of the preliminary plat has been given by the Council
and all required improvements have been completed or Developer Agreement
described in Section 1008.22(2) executed by the City and the person or
persons who filed such plat, and security furnished and land set aside
and dedicated or equivalent cash contribution made, and the conditions
imposed by the City Council at the time of granting approval of the
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preliminary plat have been fully met and complied with, the City Clerk
shall submit a supplementary repart therean to. the Cauncil far appraval
of the final plat which shall be given by resalutian upan making af the
findings herein required. If the Cauncil impases canditians in any
appraval af the final plat, then the afficers af the City shall nat sign
such plat, nar shall the City Clerk issue any certified capy af the
resalutian of the City Cauncil giving such final appraval, until such
canditions are met and complied with. The City Clerk is autharized,
ance such canditians have been met and camplied with, to. issue a certified
capy af the resalutian af the City Cauncil giving such final appraval,
withaut reference to. such canditians.
d. Findings Required. The findings necessary far City Cauncil appraval af
the preliminary plat and the final plat shall be as fallaws:
i. The prapased subdivisian is cansistent with the Zaning Ordinance
and canfarms with all its requirements;
ii. The praposed subdivisian is cansistent with all applicable general
and specialized City, caunty, and regianal plans including but nat limited
to. the City's Camprehensive Develapment Plan;
iii. The physical characteristics af the site, including but nat limited
to. tapagraphy, soils, vegetatian, susceptibility to. erasian and siltatian,
susceptibility to. flaading, and drainage are suitable far the type and
density af develapment and uses cantemplated;
iv. The prapased subdivisian makes adequate pravisian far water supply,
starm drainage, sewage, transpartatian, erasian cantral and all ather
services, facilities and impravements atherwise required herein;
v. The prapased subdivisian will nat cause substantial enviranmental
damage;
vi. The praposed subdivisian will nat canflict with easements af recard
ar with easements established by judgment af a caurt; and
The prapased subdivisian will nat have an undue and adverse impact
the reasanable develapment af neighbaring land.
2. Adminis rative Subdivisian. Except as hereinafter specifically pravided,
administrat ve subdivisians shall canfarm to. all standards, pracedures and
requirement applicable to. standard subdivisians under this Ordinance:
a. Pr ar to. farmal applicatian, sketch plans and preliminary and final plat,
if req ired, shall be reviewed by the Administrative Subdivisian Review
Cammit ee far submissian af a written recommendatian therean to. the City
Caunci. Administrative subdivisians do. nat require review by the Planning
Cammis ian nar do. they require platting unless required by the City Cauncil.
The Ad nistrative Subdivisian Review Cammittee shall initially determine
and re ommend to. the City Cauncil the extent to. which an administrative
subdiv sian shall be subject to. the requirements af this Ordinance.
b. Ai er the Administrative Subdivisian Review Cammittee has submitted its
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recommendation to the Council concerning the proposed administrative
subdivision, the City Council shall hold a public hearing thereon after notice
of the date, time, place and purpose thereof has been published once in the
official newspaper at least ten (10) days before the date of the hearing.
1008.10 - Data for Preliminary Plat.
1. Identification and Description.
a. Proposed name of subdivision, which shall not duplicate or be similar
in pronunciation or spelling to the name of any plat heretofore recorded in
the Coun ty.
b. Location by section, township, range, and by legal description.
c. Name of municipality.
d. Names and addresses of the record owner, subdivider, land surveyor,
engineer, designer of the plan, and any agent having control of the land.
e. Graphic scale not less than one (1) inch to one hundred (100) feet.
f. North arrow.
g. Key map including area within one (1) mile radius of plat.
h. Date of preparation.
i. A current Abstract of Title or a Registered Property Certificate along
wi th any unrecorded documents.
2. Existing Conditions.
a. Boundary lines of proposed subdivision, clearly labeled.
b. Existing zoning classifications for land within and abutting the
subdivision.
c. A general statement of the approximate acreage and dimensions of the lots.
d. Location, right-of-way width, and names of existing or platted streets,
or other public ways, parks, and other public lands, permanent buildings and
structures, easements and section and corporate lines within the proposed
subdivision and to a distance one hundred fifty (150) feet beyond.
e. Boundary lines of adjoining platted or subdivided land, within one hundred
fifty (150) feet, identified by name and ownership, including all contiguous
land owned or controlled by the subdivider.
f. Topographic data, including contours at vertical intervals of at least
two (2) feet. Water courses, marshes, rock outcrops, power transmission poles
and lines, and other significant features shall also be shown. D.S.G.S. data
shall be used for all topographic mapping where feasible.
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g. An accurate soil report of the proposed subdivision indicating soil
condi tions, properties, permeability and slope, acceptable to the City.
h. Utilities on or adjacent to the property, including location, size and
invert elevation of public sanitary and storm sewers; location and size of
water mains; location of gas mains, high pressure lines, fire hydrants,
electric and telephone lines, and street lights. The direction and distance
to, and size of, such facilities shall be indicated, showing invert elevation
of sanitary and storm sewers, including catch basins, manholes and hydrants.
SUch data may be that available from City plans, and the source thereof so
noted, unless such utilities are located on the subject property. In all
instances, they shall be field checked as far as practicable.
3. SUbdivision Design Features.
a. Layout of proposed streets showing the right-of-way widths, centerline
gradients, typical cross sections, and proposed names of streets. The name
of any street heretofore used in the City or its environs shall not be used
unless the proposed street is a logical extension of an already named street,
in which event the same name shall be used. Street names shall conform to
the master street name and numbering system as adopted.
b. Location and width of proposed alleys and pedestrian ways.
c. Lot sizes, layout, numbers and preliminary dimensions of lots and blocks.
.
d. Minimum front and side street building setback lines.
e. When side lot lines are not parallel, the width of the lot at the building
setback line. The setback distance may be increased until the minimum width
can be attained on the setback line, at the discretion of the City. In no
case can this adjusted setback distance be less than the required minimum.
Such lots with adjusted setback distances should be noted on the preliminary
plat.
f. Areas other than streets, alleys, pedestrian ways and utility easements,
intended to be dedicated or reserved for public use, including the size of
such area or areas in acres.
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g. Location, size and approximate gradient of proposed public sewer lines
and water mains. If public sewer and water are not available, the engineer
shall provide site evaluation data required by Minnesota Pollution Control
Agency Individual Sewage Treatment Standards (WPC 40) to determine the
suitability of the site for individual sewage treatment systems. Such data,
consistent with WPC 40, may include but is not limited to, depth to the highest
known or calculated ground water table or bedrock; soil conditions, properties
and permeability; slope; existence of lowlands; local surface depressions
and rock outcrops; legal setback requirements; soil borings and percolation
tests. Reference shall be made to "Soil Survey: Sherburne County, Minnesota,"
U.S. Department of Agriculture, Soil Conservation Service, and any other
available sources. The data required shall be determined by the City, in
its discretion.
4. Other Information. Allor any part of the following information shall be
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provided at the request of the City:
a. Statement of the proposed use of lots stating type of residential buildings
with number of proposed dwelling units or type of business or industry, so
as to reveal the effect of the proposed development on traffic, fire hazards,
and congestion of population.
b. Proposed protective covenants, if any.
c. A drainage plan for the area indicating the direction and rate of natural
storm water runoff and those unaltered areas where storm water collects and
percolates into the ground. A proposed drainage plan for the developed site
indicating the direction and rate of runoff and those areas where storm water
will collect and percolate into the ground shall also be included.
d. A proposed finished grading shown at contour intervals appropriate to
the topography or spot elevations clearly indicating the relationship of
proposed changes to existing topography and remaining features.
e. If any zoning changes are contemplated, the proposed zoning plan for the
areas.
f. Where the subdivider owns property adjacent to that which is being proposed
for the subdivision, the Planning Commission shall require that the subdivider
submit a sketch plan of such remaining property so as to depict the possible
relationships between the proposed subdivision and the future subdivision.
g. In any area where lots are proposed to be platted in the R-IA and R-IB
zones of the City, a preliminary resubdivision plan shall be submitted showing
a potential and feasible way in which the lot or lots may be resubdivided.
The placement of buildings or structures upon such lots shall allow for
potential resubdivision.
h. A plan for soil erosion and sediment control both during construction
and after development has been completed. The plan shall include a timing
schedule and sequence of operation indicating the anticipated starting and
completion dates of the particular development sequence and the estimated
time of exposure of each area prior to completion of effective erosion and
sediment control measures. Gradients of waterways, design of velocity and
erosion control measures, and landscaping of the erosion and sediment control
system shall also be shown.
i. A vegetation preservation and protection plan to provide stabilization
of erosive or sediment-producing areas by covering soils with:
i. Permanent seeding or sodding, producing areas covered with a turf
of perennial sod-forming grass;
ii. Short-term seeding, producing temporary vegetative cover such as
annual grasses, grains or other temporary ground cover;
~~~. Mulching, by the application of plants or other suitable material
on the newly seeded surface to conserve moisture, hold soil in place
and aid in establishing plant cover.
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The plan shall indicate existing vegetative cover including marsh lands,
grasses, shrubbery and trees. Trees to be removed for streets, drives,
buildings, drainage or other purposes shall be identified.
j. Any variances required shall be shown on the preliminary plat.
k. Such other information as may be requested by the City Planner, the City
Engineer or City Planning Commission.
1008.12 - Da ta for Final Plat.
1. General.
a. The final plat shall be prepared by a land surveyor who is registered
in the State of Minnesota and shall comply with the provisions of the Law
and of this ordinance.
b. Surveying requirements for the final plat shall be under the regulation
of the County Surveyor. The County Surveyor shall submit a report to the
City Administrator regarding the conformance of the proposed final plat to
the approved preliminary plat, the requirements of this Ordinance and all
provisions of the Minnesota Statutes regarding the platting of land. If the
County Surveyor initially prepared a proposed final plat, another Registered
Land Surveyor chosen by the City Administrator shall examine said plat and
submit a report to the City.
..
c. Title opinion prepared or approved by the City Attorney based upon
examination of an abstract of the records of the County Recorder or the
Registrar of Titles for the lands included within the plat and showing the
title to be in the name of the owner or subdivider. The date of continuation
of the abstract examined or the date of the examination of the records shall
be within thirty (30) days prior to the date the final plat is filed with
the County Auditor. The owner or subdivider shown in the title opinion shall
be the owner of record of the platted lands on the date of recordation of
the final plat with the County Recorder or Registrar of Titles.
d. Execution by all owners of any interest in the land to be subdivided and
any holders of a mortgage therein of deeds or easements for any area to be
conveyed for public use and any covenants or association documents in such
form as shall be approved by the City Attorney.
e. The subdivider shall provide one (1) print of the final plat showing
proposed street numbers for the lots in the plat.
2. Guidance. For guidance, the applicant1s surveyor may refer to the Plat Manual
of Minimum Guidelines, Minnesota Land Surveyors Association.
3.
Certifications.
.
a. Form for approval by signature of County officials concerned with the
recording of the plat:
1. Checked and approved as to compliance wi th Chapter 505, Minnesota
12.
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:1 r ()f) (~~)
_ .). L {,<I
Sta tutes.
Da ted thi s
day of
19
(Name )
Sherburne County Surveyor (or)
Registered Land Surveyor No.
ii. Recommended for approval this
day of
19
Sherburne County Highway Engineer
b. Form for approval of the City:
i. Approved by the City of Elk Rivert Minnesotat this day of
19
Signed
Mayor
Attest
C I e rk
c. Form for approval by the City Attorney:
i. I hereby certify that proper evidence of title has been presented
to and examined by met and I hereby approve this plat as to form and
execution.
Dated this
day of
19
(N ame )
Elk River City Attorney
1008.14 - Subdivision Design Standards.
1. General Requirements.
a. The proposed subdivision shall conform to the Comprehensive Development
Plan.
b. The arrangement, charactert extent, width and location of all streets
shall be considered in their relation to existing and planned streetst to
reasonable circulation of traffic, to topographic conditions, to runoff of
storm water, to public convenience and safety, and in their appropriate
relation to the proposed uses of the land to be served by such streets. The
arrangement of streets in new subdivisions shall provide for the continuation
of existing streets in adjoining areas unless otherwise authorized by the
City. Where adjoining unsubdivided areas may be subdivided in the future,
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the arrangement of streets in a new subdivision shall make provision for the
proper projection of streets into adjoining areas by carrying the new streets
to the boundaries of the new subdivision at appropriate locations; temporary
easements for vehicular movement shall be provided until the adjoining areas
are developed.
2.
Streets.
a. Widths - Street right-of-way widths shall be as determined in the
Comprehensive Development Plan and official map, if adopted, and, where
applicable, shall conform to County and state standards for trunk highways.
If there are no such plans or standards, right-of-way widths shall not be
less than the following:
Street
Right-of-Way-Width
Arterial-------------------------------- 80 ft.
Collector------------------------------- 70 ft.
Minor Street---------------------------- 66 ft.
Marginal Access Street------------------ 50 ft.
Cul-de-sac Turnaround Radius------------ 60 ft.
b. Street Intersections - Insofar as practical, streets shall intersect at
right angles. In no case shall the angle formed by the intersection of two
streets be less than sixty (60) degrees. Intersections having more than four
corners shall be prohibited.
c. Tangents - A tangent of at least three hundred (300) feet shall be
introduced between reverse curves on arterial and collector streets.
d. Deflections - When connecting street lines deflect from each other at
one point by more than ten (10) degrees they shall be connected by a curve
with a radius adequate to ensure a sight distance within the~right=of~way
of not less than five hundred (500) feet for arterials, three hundred (300)
feet for collectors, and one hundred (100) feet for all other streets.
e. Turning Radius - Proper design should consider required turning radius
of vehicles for access points or entrances to and from a highway uS1ng
standards adopted by the Minnesota Department of Transportation.
3. Alleys.
a. Location Requirements - Except in the case of a shopping center, planned
as a unit with off-street parking and loading space, either a public or private
alley shall be provided in a block where commercially zoned property abuts
a major thoroughfare or a major street. Alleys in residential areas will
not be permitted except by resolution of the City Council.
b. Widths - Alleys, where permitted by the City Council, shall be at least
eighteen (18) feet wide in residential areas and at least twenty-four (24)
feet wide in commercial areas.
c. Grades - All centerline gradients in alleys shall be at least five-tenths
percent (0.5%) and shall not exceed six percent (6%).
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4. Blocks. The length, width and acreage of blocks shall be sufficient to provide
convenient and safe access, circulation, control and street design. Blocks may
not be longer than one thousand three hundred (1,300) feet, or shorter than three
hundred (300) feet except as specifically recommended by City staff and concurred
with by the City Council to foster innovative design consistent with sound planning
principles. Pedestrian ways may be required on blocks longer than nine hundred
(900) feet or in other areas to provide access to schools, parks and other
destination points. Pedestrian ways shall be at least ten (10) feet wide and shall
be located so as to minimize intersections with streets.
5. Lots.
a. Location - All lots shall abut for their full required minimum frontage
on a publicly dedicated street.
b. Size - Lot dimensions shall comply with minimum lot area and other
dimensional requirements specified in the Zoning Ordinance.
c. Side Lot Lines - Side lines of lots shall be substantially at right angles
to straight street lines or substantially radial to curved street lines.
d. Drainage - Lots shall be graded so as to provide drainage away from
building locations.
e. Natural Amenities - Lots shall be placed to preserve and protect natural
amenities, such as vegetation, wetlands, steep slopes, water courses and
historic areas.
f. Lot Remnants - All remnants of lots less than mlnlmUm lot size remaining
after the subdividision of a larger tract must be added to adjacent lots rather
than be allowed to remain as unusable parcels.
g. Street Jogs - Street jogs with centerline offsets of less than one hundred
fifty (150) feet shall be avoided for minor streets.
h. Minor Streets - Minor streets shall be designed to discourage use by
through traffic.
i. Cul-de-sacs - The maximum length of a street terminating in a cul-de-sac
shall be five hundred (500) feet, measured from the centerline of the street
of origin to the end of the right-of-way.
j. Centerline Gradients - All centerline gradients shall be at least five-
tenths percent (0.5%) and shall not exceed the following: arterials and
collector streets - five percent (5%), minor streets and marginal access
streets - five percent (5%).
k. Access to Arterial Streets - Where a proposed subdivision is adjacent
to a limited access highway or arterial street, there shall be no direct
vehicular or pedestrian access from individual lots to such highways or
streets. To accomplish that, right of access shall be dedicated to the City
on the final plat. To the extent feasible, access to arterial streets shall
be at intervals of not less than one-fourth (1/4) mile and through existing
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and established crossroads.
1. Platting of Small Tracts - In the platting of small tracts of land fronting
on arterial streets where there is no convenient access to existing entrances,
and where access from such plat would be closer than one-fourth (1/4) mile
from an existing access point, a temporary entrance permit may be granted.
Provision shall be made in such plats for the connection of roads to
neighboring land. As the neighboring land is platted and developed, and access
becomes possible at a preferred location, such temporary entrance permits
shall become void, at the discretion of the City Council.
m. Half Streets - Half streets shall be prohibited except where it will be
practical to require the dedication of the other half when the adjoining
property is subdivided, in which case the dedication of a half street may
be permitted. The probable length of time elapsing before dedication of the
remainder shall be a factor considered in making this determination.
n. Private Streets - Private streets shall not be permitted nor shall public
improvements be approved for any private streets.
o. Hardship to Owners of Adjoining Property - Street arrangements for:tbe
proposed subdivision shall not cause undue hardhsip to owners of adjoining
property in subdividing their own land and providing convenient access to
it.
.
p. Dedication - All proposed streets shown on the plat shall be in conformity
with the Comprehensive Development Plan and County comprehensive plans and
shall be offered for dedication as public streets.
q. Double Frontage Lots - Double frontage lots with frontage on two (2)
parallel streets or reverse frontage shall not be permitted except where lots
back on an arterial or collector street. Such lots shall have an additional
depth of at least ten (10) feet to accommodate vegetative screening along
the back lot line.
6. Sewage Disposal.
a. In areas being platted without public or central sewage systems,
construction, location and design of all individual sewage treatment systems
shall be in accordance with the following general minimum requirements
installed in compliance with the requirements of the City Director of Community
Development and any other applicable ordinances:
1. 600 square feet of drainfield plus a 1,200 gallon tank; or
11. 200 lineal feet of trenching equivalent to 600 square feet (at
least two trenches) plus a 1,200 gallon tank.
.
b. Alternatively, at the applicant's election and expense, construction,
location, design and inspection of all individual sewage treatment systems
within the City shall be in accordance with Minnesota Pollution Control Agency
Individual Sewage Treatment Systems Standards, 1980 edition (6 MCAR Section
4.8040, hereinafter and heretofore referred to as "WPC 40"), which standards
are hereby adopted by reference and made a part hereof as fully as though
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set forth herein in full, three (3) copies of which are on file with the City
Clerk.
c. In addition thereto, the following Appendices to WPC 40 are hereby adopted
by reference and made a part hereof as fully as though set forth in full,
three (3) copies of each being on file wi th the City Clerk:
L Appendix A: Alternative Systems.
ii. Appendix B: Figures.
iii. Appendix C: Building Sewe r .
iv. Appendix D: Wa ter Supply Setbacks.
v. Appendix E: Surface Water Se tbacks.
7. Tree Removal and Conservation of Vegetation. All subdivisions shall be planned,
designed, constructed and maintained consistent with the following, at the City's
discretion:
a. Existing healthy trees and native vegetation on the site shall be preserved
to the maximum extent feasible and shall be protected by adequate means during
construction;
.
b. Where inadequate vegetation exists on land not being disturbed for
development, permanent vegetation shall be established as soon as possible;
c. Following construction, vegetation suitable to the site shall be planted.
The type or species of tree planted shall be approved by the City. Trees
with root structures that are less likely to interfere with utility lines
or sidewalks, or cause other nuisance damage are preferable. Trees shall
have a trunk diameter (measured twelve [12] inches above ground level) of
not less than two (2) inches, and shall be planted in not less than one (1)
cubic yard of good growing soil with a suitable amount of fertilizer. Approved
multiple varieties shall be used alternately. Trees shall be planted at
intervals of at least one every sixty (60) feet;
d. Consistent with approved grading plans, existing trees shall be preserved
within any right-of-way when such trees are suitably located and in good
health; and
e. No slash, dead trees, or uprooted stumps shall remain after development.
8. Erosion and Sediment Control. The following guidelines shall be applied in
the subdivision and development of land areas, at the City's discretion:
a. The development shall conform to the topography and soils so as to create
the least potential for soil erosion;
.
b. Erosion and sediment control measures shall be coordinated with each stage
of development. Appropriate control measures shall be installed to control
erosion;
17.
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c. The smallest practical increment of land shall be exposed at anyone time
during development;
d. When soil is exposed, the exposure shall be for the shortest feasible
period of time;
e. Where the topsoil is removed, sufficient aerable soil shall be set aside
for respreading over the developed area. The soil shall be restored to a
quality at least equal to the soil quality prior to development;
f. Critical erosion areas exposed during construction shall be protected
with temporary vegetation, mulching or other acceptable means;
g. Sediment basins (debris basins, desilting basins, or silt traps) shall
be installed and maintained to remove sediment from runoff waters from land
subject to earth disturbance activities;
h. Diversions shall be installed to divert surface water runoff from slopes
of ten percent (10%) or steeper;
i. Provisions shall be made to effectively accommodate increased runoff caused
by changed soil and surface conditions during and after development;
j. Cut and fill slopes shall not be steeper than three feet horizontal to
one foot vertical (3:1) unless stabilized by a retaining wall, riprap, or
other acceptable means; and
.
k. During grading operations, necessary measures for dust control, as required
by the City, shall be implemented.
9. Drainage. The natural drainage system shall be used to the maximum extent
feasible for the storage and flow of runoff. The design of the drainage system
shall conform to the City's overall storm water management plan. The following
requirements shall also apply:
a. Proposed drainage facilities shall have adequate capacity to accommodate
potential runoff from their entire upstream drainage area, whether within
or without the subdivision. The effect of the subdivision on existing
downstream drainage areas outside the subdivision shall be considered in
evaluating the adequacy of the storm water management plan;
b. Storm water runoff shall be discharged to marsh lands, swamps, retention
basins or other treatment facilities. Marsh lands and swamps used for storm
water shall provide for natural or artificial water level control;
c. No existing ditch, stream, drain or drainage canal shall be deepened,
widened, rerouted or filled without review and approval by the City;
.
d. Where artificial channels must be constructed to augment the natural
drainage system, such channels as well as the natural drainage ways may be
planned as part of a recreational trail system. Channels shall be designed
to be aesthetically compatible for recreational trail use;
e. Quality of storm water runoff and water infiltrated to the water table
18.
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shall remain undisturbed, to the maximum extent feasible, by development of
the subdivision; and
f. The drainage system shall be constructed and operational as part of the
first stage of development and construction.
1008.16 - Easements. All easements shall be dedicated by appropriate language
on the plat as required by Law and in accordance with the following:
1. Provided for Utilities. Easements at least twelve (12) feet wide, centered
on rear and other lot lines, shall be provided for utilities where necessary; if
appropriate, easements of lesser width may be allowed by the City, particularly
easements along front lot lines. They shall have continuity of alignment from
block to block.
2. Drainage. Easements shall be provided along each side of the centerline of
any water course or drainage channel, whether or not shown in the Comprehensive
Development Plan, to a width sufficient to provide proper maintenance and protection
and to provide for storm water runoff from a ten (10) year storm of twenty-four
(24) hour duration. Where necessary, drainage easements corresponding to lot lines
shall be provided. Such easements for drainage purposes shall not be less than
twenty (20) feet in width.
.
1008.18 - Dedication of Land or Contribution in Cash for Public Purposes. In every
plat, replat, or subdivision of land to be developed for residential, commercial,
industrial or other uses, or as a planned development which includes residential,
commercial and industrial uses, or any combination thereof, as a general rule, it is
reasonable to require that an amount of land equal in value to ten percent (10%) of
the undeveloped land proposed to be subdivided shall be set aside and dedicated by the
tract owner or owners to the general public as open space for parks, playgrounds, public
open space, or storm water holding areas or ponds; or, at the option of the City, the
tract owner or owners shall contribute to the City an amount of cash equal to the fair
market value of the undeveloped land otherwise required to be so set aside and dedicated,
or set aside and dedicate a part of such land and contribute the balance of such
undeveloped land value in cash. Any monies so paid to the City shall be placed in a
special fund and used only for the acquisition of land for parks, playgrounds, public
open space, and storm water holding ponds; development of existing parks and playground
sites, public open space and storm water holding areas or ponds, and debt retirement
in connection with land previously acquired for such public purposes. For purposes
of this Ordinance, "fair market value of the undeveloped land" is defined as the fair
market value of the land within such plat, replat, or subdivision as of the date the
plat, replat, or subdivision is presented to the City Council for approval of the final
plat, as determined by the City Assessor in the same manner as he determines the fair
market value of land for tax purposes.
.
1008.20 - Maintenance of Common Open Space; Operating and Maintenance Requirements
for Residential Subdivision Common Open Space Facilities. Where certain land areas
or structures are provided within the subdivision for private recreational use or as
common service facilities, the owner of such land and buildings shall enter into an
agreement with the City to assure their continued operation and maintenance to a
predetermined reasonable standard. These common areas may be placed under the ownership
of one of the following, depending upon which is more appropriate in the discretion
of the City:
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1.
Dedicated to the public where a community-wide use would be anticipated; or
.
2. Subdivider's ownership and control; or
3. Landowners (Homeowners) Association ownership and control, provided all of
the following conditions are met:
a. The Landowners (Homeowners) Association must be established prior to the
sale of any lot;
b. Membership must be mandatory for each owner and any successor in interest;
c. The open space restrictions must be in perpetuity and not for a specified
term of years;
d. The Association must be responsible for liability insurance, local taxes,
and the maintenance of residential and other facilities;
e. Landowners (Homeowners) must pay their pro rata share of associated costs
and the assessment levied by the Association shall become a lien on the
property in accordance with the Law; and
f. The Association must be able to adjust the assessment to meet changed
circumstances and needs.
1008.22 - Improvements Required.
.
1. Improvements Listed and Described. Prior to the approval of a final plat by
the City Council as the Platting Authority under the Law, the subdivider shall
have agreed in the manner set forth in this Section 1008.22 to cause the following
improvements and those improvements required by the resolution granting approval
of the preliminary plat to be completed or completion secured on the site:
.
a. Survey Monuments - All subdivision boundary corners, block and lot corners,
road intersection corners and points of tangency and curvature shall be marked
with durable iron or steel survey monuments meeting the minimum requirements
of state law. Permanent monuments shall be placed at all quarter-quarter
section points within the subdivision plat or on its perimeter. At all
sections, quarter sections, meander or witness corners of the government survey
within the subdivision, on its perimeter or otherwise shown on the face of
the plat, a Sherburne County cast iron monument shall be placed and a
"Certificate of Location of a Government Corner" shall be filed with the office
of the County Recorder. The notation "Sherburne County Monument" shall be
placed on the face of the plat by each monument so shown. In addition, a
"Sherburne County Monument" shall be placed and a "Certificate" filed for
each government survey corner necessary to survey the boundaries of the plat
if such monument has not already been set and a certificate filed. All U.S.,
state, county, and other official benchmark monuments or triangulation station
in or adjacent to the property shall be preserved in position unless a
relocation is approved by the controlling agency. The City Council may, when
a subdivision is essentially complete, require a development to have the plat
restaked to replace the original monuments destroyed or obliterated during
the construction process.
20.
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b. Streets and Alleys - The full width of the right-of-way of each street
and alley dedicated on the plat shall be graded as required. All streets
and alleys shall have an adequate sub-base and shall be improved with an all-
weather permanent surface in accordance with the design standards specified
by the City. Except in areas where lot widths exceed one hundred (100) feet
or topography or tree cover dictates otherwise, grading shall provide for
easy installation of sidewalks at some future date.
c. Paving - The City Council shall require that all streets and alleys be
improved with a concrete or bituminous surface. Streets to be paved shall
be surfaced for a seven (7) ton axle weight capacity consistent with the
requirements of the City Engineer. If the City Council determines that streets
are not to be paved, such streets shall be surfaced with six (6) inches of
stabilized gravel to a surface width of thirty-two (32) feet, or such other
width approved by the City Council.
d. Concrete Curb and Gutter - Concrete curb and gutter may be required for
all paved streets.
e. Sidewalks - Sidewalks may be required along one or both sides of all
streets in commercial or industrial areas or in areas where residential density
equals or exceeds three (3) dwelling units per net acre of residentially-used
land.
.
f. Water Suppl~ - Where a public water supply is available within a reasonable
distance of the proposed subdivision, the subdivider may be required to provide
a connection to the public .system. The City Council, in the reasonable
exercise of its discretion, shall determine the feasibility of this requirement
by balancing the cost of constructing the connection against the cost of
installing individual wells and the degree of probability of a future public
connection.
Where a public connection is determined to be feasible, service connections
shall be stubbed into the property line and all necessary fire hydrants shall
also be provided. Extensions of the public water supply system shall be
designed so as to provide public water service to each lot and shall be in
accordance with all applicable City design standards and requirements.
Where a municipal connection is determined to be unfeasible, the subdivider
shall state on his preliminary plat that purchasers of individual lots will
be required to install their own approved water wells, and shall provide the
City with satisfactory evidence that all lot purchasers shall be so informed.
g. Street Li~hting - Street lighting of a type approved by the City may be
required at all intersections and other locations within the subdivision.
h. Sewage Disposal -
i. Sanitary sewer mains and service connections shall be installed to
serve all the lots in the subdivision and shall be connected to the public
sewage system., if available.
.
ii. In areas being developed without connection to the public sewage
system and the City has plans to extend public sewer to the area within
21.
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five (5) years, individual sewage treatment systems, consistent with
the provisions of WPC 40 except as otherwise herein provided, shall be
provided for each lot. Such individual systems shall be located so as
to permit the least costly connection to the public sewer when it becomes
available and usable. Where such individual systems are installed, the
subdivider shall provide underground plumbing to extend three (3) feet
beyond the footing, which plumbing shall be plugged. The area around
the stack shall be scored so that the sewage tank line can be disconnected
and connection can be made with the public sewage system.
When an individual sewage treatment system is used and the sewage tank
is placed on a side other than that from which the public sewer would
connect, a plugged sewage disposal line shall be extended from the point
of ground entrance of basement or house to a point five (5) feet beyond
and to the side from which the future public sewer connection will be
made. Inside the basement, the elbow shall be set up to be easily
reversed for connection to the capped line.
iii. In areas being developed without connection to the public sewage
system and the City does not have plans to provide public sewer within
five (5) years, individual sewage treatment systems, consistent with
the provisions of WPC 40, except as otherwise herein provided, shall
be provided for each lot.
i. Drainage - A system that will adequately accommodate the surface water
runoff within the subdivision, as required by this Ordinance, shall be
provided. -
j. Street Signs - Street signs of standard design approved by the City
Engineer shall be installed at each street intersection.
k. Protection of Natural Water Bodies - Where any plat, replat or subdivision
of land adjoins a natural lake, pond or stream, including streams which flow
only intermittently, the City, in its discretion, may require that a strip
of land running along all sides thereof which are contiguous to such lake,
pond or stream, shall be either (i) dedicated to the City for public use,
or (ii) subject to a perpetual easement in favor of the City over and in said
land and the bed and water body of such lake, pond, or stream for the purpose
of protecting the hydraulic efficiency and the natural character and beauty
of such lake, pond or stream. The Planning Commission shall determine which
of these options is more appropriate and shall recommend to the City Council
one of said options. In either case, there shall also then be granted to
the City the right of ingress to and egress from the said strip of land with
men, equipment and materials. Where the easement is determined to be in the
best interests of the City, said easement shall also provide that the owners
of the areas as to which such easement is granted shall not make, do, or place
any fill, grading, improvement or development of any kind on or to such
easement area, or raise the level of the easement area in any way, but all
such right to fill, grade, improve and develop, and to raise the level of
the easement area shall be granted by said easement to the City.
1. Public Utility Lines - All utility lines for telephone and electrical service,
where appropriate, shall be placed in rear lot line easements when carried on
overhead poles.
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2. Responsibility for Improvements; Subdivision Financing Agreements. Subsequent
to approval of the preliminary plat and prior to approval of the final plat, the
person or persons who filed such plat (herein "Developer" whether one or more
persons) shall enter into a Developer Agreement with the City and shall cause all
street, water, sewer and other improvements required by the resolution granting
approval of the preliminary plat to be completed pursuant to the Developer
Agreement.
a. The Developer Agreement shall provide, as to improvements to be installed
by the Developer, that the Developer is obligated to install and complete
all such improvements at his own expense and under the supervision and
inspection of the City Engineer.
b. The Developer Agreement shall provide, as to improvements petitioned for
by the Developer to be installed by the City, that the City is obligated to
provide engineering services and construct such improvements, and shall
obligate the Developer to pay to the City the cost of such services and
construction through payment of special assessments. The Developer Agreement
shall also provide that if the Developer applies for a building permit or
certificate of occupancy or transfers any lot or parcel in the platted area
while special assessments then levied, or to be levied, for the improvements
made pursuant to such agreement remain unpaid, they will be paid or prepaid
in full to the City Clerk or the County Treasurer.
.
c. As security to the City for installation of the improvements or the payment
of the special assessments, the Developer shall be required to file a bond
with corporate surety authorized to do business in Minnesota and approved
by the City Council as surety thereon in at least the full amount (or such
other amount required by the City, in its sole discretion) of all costs or
assessments for making the improvements specified in the Developer Agreement
not paid in cash by the Developer before or at the time of entering into the
Develqper Agreement.
If the Developer does not file such bond, he may, in lieu thereof, deposit
in escrow, in a national or state bank having an office in the City, cash
in the full amount of the unpaid improvement costs or assessments, together
with a written agreement signed by the Developer and the bank, whereby the
funds in escrow will be paid to the City from time to time upon written demand
of the City, to the extent of any default by the Developer pursuant to the
Developer Agreement.
If the Developer does not file such bond or deposit cash, he may, in lieu
thereof, deliver a Letter of Credit to the City. Such Letter of Credit shall
be from a national or state bank approved by the City Council, shall be
unconditional and irrevocable, shall be for the full amount of the unpaid
improvement costs or assessments, and shall provide that funds will be paid
to the City upon written demand from time to time of the City to the extent
of any default by the Developer pursuant to the Developer Agreement.
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d. The Developer Agreement shall provide, as to improvements petitioned for
by the Developer to be installed and assessed in accordance with the regular
special assessment policies of the City, for installation if ordered by the
City Council, and assessment in accordance with the regular special assessment
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policies of the City.
e. Notwithstanding any of the foregoing, the City shall not be obligated
to enter into any Developer Agreement (i) if the improvements required by
the resolution granting approval of the preliminary plat are not allocated
among the methods at (a), (b), (c) and (d) above in a manner satisfactory
to the City Council, or (ii) if the Developer does not file a bond or deposit
cash in escrow, or does not deliver a Letter of Credit, all as heretofore
described, or (iii) as to any improvements, if the City Council determines
that the City must borrow money to pay its costs of construction under such
Agreement and such borrowing is inadvisable, or (iv) the City Council, after
review of financial and other information required of the Developer,
determines, in its sole discretion, that there is an unacceptable level of
risk that assessments for improvements will not be timely paid.
1008.24 - Variances. All requests for variances from the provisions of this
Ordinance shall be made and decided in the following manner:
1. The subdivider shall file a request in writing for a variance with the City
Clerk, together with the required fee. The written request shall be accompanied
by information as to all changes that will result from the variance therein
requested.
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2. The City Clerk shall refer the variance request to the Planning Commission
for public hearing held in the same manner as provided in Section
1008.08(1)(b)(iii); said hearings may be held simultaneously. The Planning
Commission shall submit its report and recommendation to the City Council. Said
report shall specifically consider the findings set forth in Section 1008.24 of
this Ordinance.
3. The City Council at its next regular meeting after receipt of such report and
recommendation shall make its decision at the same or a specified future meeting
thereof.
4. The City Council may grant a variance only upon a finding that an unusual
hardship exists, and specifically that:
a. The hardship is not a mere inconvenience;
b. The hardship is caused by the particular physical surroundings, shape
or topographical conditions of the land;
c. The condition or conditions upon which the request for a variance is based
are unique and not generally applicable to other property;
d. The hardship is caused by this Ordinance and not by any persons presently
having an interest in the land; and
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e. The granting of a variance will not be substantially detrimental to the
public welfare or to other land or improvements in the neighborhood of the
land, and is in accord with the general purpose and intent of this Ordinance.
1008.26 - Restrictions on Filing and Recording Conveyances.
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1. No conveyance of land to which these subdivision regulations are applicable
shall be filed or recorded if the land is described in the conveyance by metes
and bounds or by reference to an unapproved Registered Land Survey made after April
21, 1961, or to an unapproved plat made after The foregoing
provision does not apply to a conveyance if the land described:
a. Was a separate parcel of record prior to April 1, 1945; or
b. Was a separate parcel not less than two and one-half (2-1/2) acres in
area and one hundred fifty (150) feet in width on January 1, 1966, or was
a separate parcel of land of not less than five (5) acres in area and three
hundred (300) feet in width on July 1, 1980.
2. In any case in which compliance with the foregoing restrictions will create
an unnecessary hardship and failure to comply does not interfere with the purpose
of these subdivision regulations, the City Council may waive such compliance by
adoption of a resolution to that effect and the conveyance may then be filed or
recorded.
3. Any owner or agent of the owner of land who conveys a lot or a parcel in
violation of the provisions of this Section 1008.26 shall forfeit and pay to the
City a penalty of not less than One Hundred Dollars ($100.00) for each parcel so
conveyed. The City may enjoin such conveyance or may recover such penalty by a
civil action in any court of competent jurisdiction.
1008.28 - Registered Land Surveys. All registered land surveys in the City shall
.be presented to the City Clerk in the form of a preliminary plat in accordance with
the standards set forth in this Ordinance. Tracts to be used as easements or roads
shall be designated thereon. As to Registered Land Surveys containing four or fewer
tracts, Administrative Subdivision Review Committee and City Council approval of the
arrangement, size, and relationship of the proposed tracts, in accordance with standards
and procedures for review of administrative subdivisions as heretofore described, shall
be required. As to Registered Land Surveys containing more than four tracts, Planning
Commission and City Council approval of the arrangement, size and relationship of the
proposed tracts, in accordance with standards and procedures for review of standard
subdivisions as heretofore described, shall be required. Absent such required approvals,
as herein provided, building permits on the proposed tracts shall be withheld, tracts
conveyed to the City for streets or roads shall not be accepted and no public monies
shall be expended for the installation of utilities or improvements for any such tracts.
1008.30 - Building Permits. No building permits will be issued by the City for
the construction of any building, structure or improvement to the land or any lot in
the subdivision, as defined herein, which has been approved for platting until there
has been full compliance with all the provisions of this Ordinance.
1008.32 - Amendments. This Ordinance may be amended by the City in accordance
with the provisions of the Law.
1008.34 - Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this Ordinance is, for any reason, held invalid or unenforceable as to
any person or circumstance, the application of such section, subsection, paragraph,
.sentence, clause or phrase to persons or circumstances other than those as to which
it is held invalid or unenforceable shall not be affected thereby, and all provisions
hereof, in all other respects, shall remain valid and enforceable.
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. 1008.36 - Violations and Penalties. Any person, partnership, corporation or agency
that violates any of the provisions of this Ordinance shall be guilty of a misdemeanor,
punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment
for a period not to exceed ninety (90) days, or both, and in addition shall pay all
costs of prosecution and expenses involved in the case. The City may withhold, revoke
or deny any permits, approvals or any action required of it if there is a violation
of this Ordinance. Each week during which violation exists shall constitute a separate
violation. The City or any person or agency who suffers damage, or is likely to suffer
damage, because of a violation of this Ordinance may apply to the District Court within
and for Sherburne County, Minnesota, for injunctive relief to enjoin a violation or
threatened violation of this Ordinance.
Passed the Elk River City Council this 16th day of June, 1980.
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irank Madsen, Mayor
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Robert MiddaugH, Clerk-Ad~nistrator
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OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA
COUNTY OF SHERBURNE
HEREBY CERTIFY THAT THE WITHIN INSTRU-
MENT WAS FILED IN THIS OFFICE FOR RECORD
ON ~.A")L../ /' i!!!!I / 'R4 ..;Z; / ./.~
AN WAS RECORDED IN SAID OFFICE AS
INSTRUMENT NO. :t 609fi2
PAT RASMUSSON, COUNTY RECORDER
1ii4~~diJ/~..r DEPUTY
I REC. BK l~ IND. 1mJ'67/9
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TABLE OF CONTENTS
Zoning Ordinance
900.00 - Title
Page II
1
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900.02 - Purpose
1
900.04 - Scope and Authority
1
900.06 - Interpretation
1
900.08 - Definitions
2
900.10 - Zoning DiBtricts
900.12 - Principal Uses by District
8
8
900.14 - Accessory Uses by District
. . . 13
900:16 '- Conditional Use
. . . 14
900.18 - Schedule of Dimensional Regulations
. . . 17
900.20 - General Ragulations
. . 18
900.22 - Sign Regulations
. ,22
. 25
900.24 - Parking and Loading Regulations
. . . .
900.26 - Mobile Home Park Requirements
. 30
900.28 - Maintenance
. 34
. . .
900.30 - Regulations on Screening, Landscaping, Lighting, Storage and
Outdoor Displays . . . . . . . . . . . . . . . . . 35
900.32 - Requirements for Vehicular and Pedestrian Circulation
. 36
. . .
900~34 - Nonconforming Uses
. .
. 37
900.36 - Zoning Administration
. . . 40
900.38 - Building Permits, Certificates of Occupancy, l;'ees
. . .
41
900.40 -Board of Adjustments
. . . .
. 42
900.42 - Conditional Use Permits
. . 44
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900.44 - Am~ndrnent Pro,cedures
900.46 '- Vioiations, .Enforcement, Effect and Validity
. 46
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CHAPTER IX
ZONING
Section 900
Zoninr. Ordinanc~
900.00 - Title. This Ordinance shall be known as the "ZONING ORDINANCE OF THE
CITY OF ELK RIVER" and is ref~rred to herein as "this Ordinance."
,. 900.02 -Purpc,~~. This Ordinance is enacted for the following purposes: to protect
and promote the health, safety t morals and general welfare by lessening congestion in
thepubl1cr'ights-cf.-way; securing safety from firet panic and other dangers; providing
adequate, light and air; facilitating the adequate provision of water, sewerage and other
public services an~ facilities; conserving the values of properties and encouraging
the most appropriate use of land; promoting well-managed and staged development of
\ residentiali, commercial," industrial, recreational and public areas; conserving and
managing the use of natural resources and agricultural lands.
: 900.04 - Scope and Authority. From and after the effective date of this Ordinance,
.'the us~ of all land and every bulldingand the er~ction or structural alteration of
Ian., building or portion of a building in the City shall be in conformity with the
: pro'\11s10nS [of this Ordinance. . Any buildingt structure or use lawfully existing on the
'.r:effectlve date of this Ordinance which is not in conformity with the regulations herein
:;, '!prescr1bedshallbe regarded as nonconforming, but may be continued except as and subject
.! 'fto the requlrementE: contained in .Section 900.34. The provislons of this Ordinance shall
.be Interpre'ted and applied in accordance with and as permit ted by Minnesota Lalol and
'. ,are adopted pursuant to authority contained in Minnesota Statutes H462.351 to 462.364.
. ! This Ordinance shall notrepealt annul or in any way impair or interfere "dth the
!pro\rhioDS of other ordinances or reguiat.ions of the City except as expressly provided
! herein.
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900.06 -Interpretation.
1. General. The provisions of this Ordinan~e shall be interpreted as the minimum
requirements necessary to accomplish the purposes of this Ordinance. Except as
herei~ provld~d, the provisions of this Ordinance arE; cumulative and in addition
to the provls1.ons of other laws and ordinanceR governing the same subjects. Where
theprovislons of this Ordinance impose greater restrictions than those of aqy
law, other ordinance or regulationt the provisions of this Ordinance shall be
controlling. Where the provisions of any lawt other ordinance or regulation impose
greaterrestr:lctions than thi,s Ordinancet such greater restrictions shall be
controlling. Written interpretations of the provlsions of this Ordinance shall
. be provided ar. necessary by the Planning Commission or the City Attorney.
Interpretations shall be maintained on file by the City Clerk.
2. Rules. The following rules of construct 1.on shall be used in interpreting this
Ordinance: .Words used in the present tenue shall include the past and future
tenses, and the future, the present; words In the singl\lar shalt include the plural,
and the plural, the singular; the word "building" shall include the word
"structure"; the word "lot" shall include the 'Nord "plot"; the word "shall" is
mandatory ,.nel the word "may" is permissive; and the masculine gender includes
the feminine.nnd neuter genders.
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900.08 - Definitions.
1. Accessory Use, Structure or Bul1dt~. A use, 9tructure UL building or portion
of a s.tructuresubordinate to and serving th8 principal use and structure on'the
same lot and customarily incidental thereto.
2. Agriculturd~. The use of land for gl'cwing or produCing field crops, keeping
or producing of livestock, and livestock products and poultry. The term shall
include inddental retail selling by the producer of products raised on the
. premises, provIded that customer parking space is furnished off the public right-
of-way. The term shall not include feedlots.
'3. Alley. A public or private right-of-way not greater than twenty-four (24)
,feet 1n widt~ which affords a secondary means of access to abutting property.'
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4.'Apartment. A room or suite of rooms in a multiple-family dwelling designed
or intended. for or used as a residence for oOl~ family or individual and equipp~d
with cooking, bath a.nd living facUities.
5. Block. As defined in Section lOOa.06(2)(b) of the Code.
6. Boarding House. Any dwelling other than C\ hotel, motel or apartment where
meals and lodging are provided for compensation to four (4) or more persons
unrelated to the owner or possessor, pursuant to previous arrangement.
7. Building. Any atructure having a roof whlch provIdes shelter or enclosure
for persons, animals, chattel, or property of any kind. When separated by bearing
walls without openings, each portion of such building so separated shall be deemed
a separate building.
8. Building Height. The vertical diStance from the average of the lowest and
the highest p'Jint of that portion of 'the lot covered by the building to the hIghest
point of the roof, to the deck line of mansard roofs, and to the mean height between
eaves and ridge for gable, hip and gambrel roofs.
9. Buildi.ng 3etback Line or Building Line. A line within a lot, plot, or other
parcel of lanJ parallel to a public rJght-of-way, a side or rear lot line, a high
watermark, or shoreline behind which buildings or structures must be placed.
10. Central Water and Sewer System. A sewer or water system serving a group of
buildings, lots, or an area of the City.
11. g~(~)ehe{lslve Development Plan or Compr-=hensive Plan.
1008. (g) of the Code.
As defined in Section
12. Conditional Use. A use for which a conditional use permit must be issued
prior to its estahlishment.
13. Department Star':.. A relatively large store selling a number of different
kinds and types of goods such as clothes, shoes, hardware, interior lighting and
decorat,ion items, sporta equipment, furniture, appliances and housetlares to retaIl
customers.
14. Dwelling. Ai building or part thereof which 1s designed or used exclusively
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for human habitation either permanently or transiently.
n. Dwell1ngJ...!..inglc-FamUy. A detached building containing one dwelling unit
designe.d for occupancy by one family.
16. Dwelling, Two-Fami1Z. A detached building containing two dwelling units,
designed_ for occupancy by not. more than two families.
17. Dwelling, Multiple-Family. A detached building containing three or more
dwelling units, with the number of families ia residence not exceeding the number
of dwelling u~its- provided. Condominiums and cooperatively owned multiple
residential dwellinga are multiple-family dwellings for rurposes of this Ordinance.
18. Dwelling Unit. One room, or rooms connected together, constituting a separate,
independent dwelling for owner occupancy, rental or lease, physically separated
from any other room or dwelling unit which may be In the same structure, and
containing independeQt cooking, sleeping and sanitary facilities, but not including
hotels, motels, boarding or rooming houses, t'Jurist homeg, mobile homes, travel
trailers or tents.
19. Easement, Utility or Easement. A limite::! ownership interest in land enabling
the construction and maintenance of public services and utilities thereon including,
but not limited to, lJanitary se'....ers, water mains, electdcal lines, telephone lines,
storm sewer or storm drainage facilities and gas lines.
20. Essential Services. Overhead or underground electrical, gas, steam or water
transmission or distribution systems and structures or collection, communication,
supply or disposal systems and structures used by public utilities, rural electric
cooperatives or governmental departments or commissions, including poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes,
traffic signals, hydrants or other similar equipment and accessories used in
conjunction therewith.
21. Family. Any number of individuals generally but not necessarily related by
blood and marriage, living together at one location as a single, nonprofit .
housekeeping unit, a9 distinguished from a group occupying a boarding or rooming
house, tourist home, hotel or motel.
22. Farm Dwellings. A building designed for residential occupation by human beings
located on a farm, the occupant of which owns the farm or. is employed thereon.'
23. . Feedlot. A confined area used for housing or feeding poultry or livestock
where substantial amounts of animal waste will be generated, but not including
barns or pens which are accessory uses incidental to a farming operation. .
24. . Floodplain. As defined in Section 902 of the Code.
25. Floor At-ea. The sum of the gross horizontal area of. the several floors of
a building measured from the exterior walls, including basements and attached
accessory buildings.
26. Floor Are~ Ratio or F. A. R. The numerical value obtained by diyidingthe
floor area of a building, or buildings by the total size of the lot on which such
building or rnJildings are located.
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27. Fence. A partition, structure, wall, or gate ere~ted as a dividing marker,
v~sual or-phy~ical barrier or enclosure.
28. Garage,.. Private. An accessory building for stora6e of self-propelled vehicles
and tools and equipment maintained as incidental to a conforming use of the
premises.
29. Garage. Public. Any premises except those defined as a private garage used
for the storage or care of se If-propelled vehle leg or ""here any such vehicles are
equipped for operation or repair or are kept for remuneratIon, hire or sale.
30. Home Occuration. A service business customarily conducte4 entirely within
a dwelling by members of a family residing therein which use is clearly incidental
and. secondary to the use of the dwelling for residential purposes and does not
change the. character thereof. Without limitation, the operation of clinics,'
hospitals, barher shops, mortuaries, animal hospitals and kennels, and welding
and motorvehlc Ie repairing for hire shall not be deemed to be home occupations.
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31. Hortlcult"ral Use.
of fruits, veg~tables,
cultured sod.
The use of land for the growing or production for income
fl~ers, nursery stock including plants and trees, and
32. Hotel. Any building or portion thereof where lodging is offered to transient
guests for compensation and in which there are more than five sleeping rooms with
no cooking fac1.l1ties in individual dwelling units.
33. Junkyard. Land or buildings where waste or discarded or salvaged materials
are bought, sold, exchanged, stored, 'baled, cleaned, racked, disassembled or
handled, including but not limited to scrap m~tal, rabs, paper, rubber'products,
glass products, lumber products, and products resulting from the wrecking of
automobiles.or other machinery~ The storage at three (3) or. more inoperative motor
vehicles for, a period in excess of three (3) .:llonths shall also be considered a
junkyard. Storage of such materials in connection with a permitted manufacturing
process when wtt'hin an enclosed area or building shall not be included.
34. Kennel. Any prefnises where three (3) or more donestic animals over six (6)
months of age' are boarded, bred or trained for compennation or are offered for
sale, except for an. animal hospital, pet shop or vetet'inary clinic.
35. Loading Area. An area where trucks are parked, maneuvered, loaded or unloaded
of goods, materials or equipment.
36. Lot. As ~eflned in Section l008.06(2)(v) of the Code.
37. Lot of Record. Any lot or unttof land in an Auditor's Subdivision or a
Registered Land Survey for which a deed, plat, Auditor's Subdivision or Registered
Land Survey has been recorded in the office of the Register of Deeds or Registrar
of Titles for Sherb.Jrne County, Minnesota.
. 38. Lot Ar.ea. The horizontal land area within the lot lines.
39. Lot, Corner. A lot bordered on at least two adj3cent sides by adjoining
streets.
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40. Lot Coverage. The totHI allowable amount of lot area, expressed as a
percentage,. which may be covered by a principal use and its accessory structures.
41. Lot Depth. The average distance between the front and rear lot lines. The
greater' frontage of a corner lot is its depth, ,and its lesser frontageia its width.
42. Lot. Double Fronta~. An interior lot h.'wing frontage on two streets.
43. Lot Line. Front. The boundary of a lot which abuts a street or road. In
the ca,Be of a corner lot it shall be the bOllnda ry wi th the shortest dimension on
the 8tre~t or road.
44. Lot Line. Rear. The boundary of a lot which is opposite the front lot line.
45. Lot Width. The horizontal distance between the side lot lines measured at
the building t;etback line.
46. Mobile Home. A factory-bullt single-family det1.checl dwelling unit, equipped
with necessary service connections, which Is ,novable as a unit and designed for
year-round occupancy with or without a permanent foundation. A travel trailer
18 not a mobile home.
47. Mobile Home Park. A parcel of land so designed and improved wi th utili ties,
parking paths, walks and access roads to accommodate mobile homes.
48. Modular Home. An immobile single-family dwelling unit constructed or
fabricated at a central factory and transport~d to a building site where final
installation is made. permanently af~ixing the modulp. to the site. A mobile home
1s not a modular home.
49. Motor VehIcle ServIce Station. A place where gC\so1!ne or other automobile
engine fuel (stored only 1n underground tanks), kerosene or motor oil and lubricants
or grease for operation of motor vehicles are sold di rectly to the public on the
preidees; including the sale of minor accessories and the servicIng and minor repair
of .automobiles.
50. Nonconformin~ Ufle. The use of a structure, land or both lawfully in existence
on the effective date of this Ordinance which does not conform to the requirements
applicable thereto contained in this Ordinance, or which does not conform to
provisions of this Ordinance as subsequently amended.
51. Person. Any i ndi vidual, firm, pa rtnership, corporation, company, association,
jofnt stock a8soc1at1.on or body politic including any trustee, receiver. assignee,
or'other similar representative thereof.
52. Plot. A tract or parcel of land other tllan a lClt which is occupied and used
or intended to be ocC'upied and used as an individual building site, having frontage
upon apubllc road, etreet or highway and including at a minimum such yard and
open space.as is required under this Ordinance.
53. Premises. A lot or plot wi th requi red front, sf de and rear yards for a
dwelling or .other use as allowed under this Ordinance.
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54. Retback. The shortest horizontal distance between the lot line and the
foundation wall of the building or the illlow'lble building line as defined by the
yard requirements contained in this Ordinance.
55. Sign. A name, identification, display, illustration or device which is affixed
to or represented directly or indirectly upon a building, structure or land in
view of the general public and which directs attention to a product, place,
activity, purpose, institution or business.
56. Sign, Advertis~. A sign which directs attention to a business, commodity,
service, actlvi ty or entertainment not necessarily conducted, sold or of fered upon
the premises where such a sign is located.
57. Sign. Business. A sign which directs attention to a business or profession
or a commodity, service orentertalnment sold or offered upon the premises "'here
such a 'sign 18 loca ted.
58. Sign, FJashln~. Any illuminated sign on which such illumination is not kept
stationary or constant in intensity and color at all times when such sign is in
use.
59. ~ign, Illuminated. .Any sign which has characters, letters, figures, designs
or outlines illuminated by electric lights or luminous tubes as a part of the sign.
60. ~ignl N lmepla t~. Any sign which state1 the name or address at' both of the
business or occupant of the lot where the sign is placed.
61. SiRn, Rotating. A sign which revolves or rotates on its axis by mechanical
means.
62. Sign. Surface Are;! Of. The entire area within a sing'le continuous perimeter
enclosing the extreme limits of the actual 81gn surface, not including any
structural elements outside the lim1t:s of such sign and not forming an integral
part of the display. Only one side of a double-faced or V-type sign structure
shall be used in computing total surface area.
63. ~ign, Temporarx. A sign which may be utilized for a limited period of time
as determined by the City.
64. Si te Plan. A plan drawn approximately to scale but not necessitating a survey,
showing uses and structures proposed for a parcel or lot which delineates as
appropriate, the following: property line location and dimensions, streets and
alleys. the location and size of all existing and proposed structures. location
of existing and proposed utility lines and easements and major landscape features
and' open Bpaee.
65. ~!.2..!:l. That portion of the building included between the surface of any floor
and the surfrlce of the next floor above it or if there is no floor above it, the
space between the floor and the ceiling next above it.
66. Street. A public right-of-way which affords a primary means of access to
abutting property. See definitions at Section l008.06(2)(mm) of the Code.
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67. Structure. Anything constructed or erected, the use of which requires more
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or less permanent loc~tion on the ground or attachment to something having a
permanent location on the ground. When a structure is divided into separate parts
by an unpierced wall, each part shall be deemed a separate structure.
68. 'Structural Alteration. Any change or addition, other than incidental repairs,
to the supporting Jb:!mbers of a building, such as bearing I>1a1ls, columns, beams,
girders or foundations, which would prolong the building'a life.
69. Subdivision. As defined in Section 100B.06(2)(rp) of the Code.
70. Townhouse. A dwelling unit wh1.ch 1.s parl of a D'ultlple-family dwelling whose
units are attached horizontally by a series of comlOOr or party walls. A townhouse
is at;tached to itBown foundatlon, contains no independent dwellings above or below,
and has two private entrances.
71. Tt'aUer, fempora!}':. A trailer or mobile home ufed for no more than six months
as an office for the display or sale of real estate, or major durable goods or
as a temporary form of residential dwelling on a lot on which a house is being
constructed. 'temporary trailers may be used in any district only following the
receipt o~ a conditional use pel~it.
72. Trailer, fravel. A vehicle or moveable structure which is designed, intended
or use,d for temporary humal) habitation during recreational or vacation activities.
The term includes, without limitation. recreational vehicles, campers, camper
trailers and tents, and house travel and tent trailers. but does not lncludemobl1e
homes.
73. Travel Trailer Court. A park) court, campsite or lot, tract, or parcel of
land maintained or intended for the purpose of provicling location or accommodation
for travel trailers, provided that parcels or lots ur.ed for the inspection and
sale of such trailers are not trailer courts.
74. Use. The purpose for which land or premises or a building thereon is designed,
arranged or intended, or for which it is occupied or maintained.
75. Variance. .A modification or variation of the provisions of this Ordinance
asapplie~ to a upecific piece of property, except that modification 1n the ,
allowable uses w1.thin a district shall not be considE"red or permitted by a variance.
76. 'Yard. Any land area in a lot with a building upon it which is open and
uno~tructed from the ground to the sky except for fences.
77. Yard, Front. TlIc yard extending across the front of the lot between the side
yard lines and lying between the abutting street right-of-way line and the nearest
line of the building.
78. Yard, Rear. The yard extending along the full \o'idth of the rear lot Une
between the. side lot 11nes and extending towards the front lot Une for a depth
as specified in the yard regulations for the district in which such lot is located.
One accessory building may be located within the rear yard.
, 79. Yard. Side. An open, unoccupied space on the lot between the buildf.ng and
the side line of the lot.
7.
,.900.10 - Zoning Districts.
1. ' EstablishDl~nt of Districts. For the purrJose of this Ordinance, the City of
Elk River is. divided into the following distr.icts:
.
(\
'ICi
FW Floodway District
FF Flood Fringe District
A-I Agricultural Conservation District
R-l Single-Family Residential District~ (R-IA, R-IB and R-IC)
R-2 Two.-Family Residential District
R-3 Townhouse and Hultiple-Family Residential District
R-4 General Hultiple-Family Residential District
C-l Central Bu~iness District
C-2 General Commercial District
c-) High~ay Commercial District
I-I Light Industrial District
1-2 Medium Industrial District
PUD Planned Unit Development District
2. Zoning Ma~. The boundaries of the districts established by this Ordinance
are delineated on the Zoning Map; said Map and all notations, references, and data
shown thereon are her.eby ~dopted and made part of this Ordinance and will be on
permanent file for. public inspect ion at the City Hall. I t shall be the
responsibility of thr. Zoning and Building Ad:ntnistrator and staff to maintain said
~lap, and amendments thereto shall be recordeJ thereon within thirty (30) days after
official publication of amendments.
3. DiE trict .Bounda rtes. The bl)unda rles bet'~~en dis tricts are, unless otherwise
indicated, either the centerlincs of highways, roads, streets, alleys, or railroad
rights-of-way, or such lines extended or lines parallel or perpendicular thereto
or section or fractional section lInes. Where boundaries are shown on the Zoning
Map between a road or street, the district bOllndary line runs parallel to the '
centerline of the road or street at a distance therefrom equivalent to the number
of feet stated, unleqs otherwise indicated.
4. Determination of Use. Any landowner may request a determination of the use
classification (permitted, not permitted, conditional or accessory) for a use not
expressly listed :.1S permitted, conditional or accessory or which involves a
combination of uses. An application for a determination shall be submitted to
the Zoning arid Building Administrator and referred to the Planning Commission for
recommendation and the Council for decision. Use determinations shall be based
on substantial similarity to existing use classiflcatLons, become of future binding
force and effect 3nd be maintained on file by the City Clerk.
900.12 - Principal Uses by District.
1. Floodway ahd Flo~inBe Districts. All uses, prlndpal, accessory and
conditional, al1<71icd withLn the Floodway and f'lood Fringe Distrl.cts shall be as
set forth~in Section 902 ,of the Code.
. 2. A-'1 Agricultural Conservation District
a. Agricultural uses.
.8.
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.
..
b. Public parks, playgrouncis, open space"
c. FacilIties for flood and erosion control.
d. Horticultural uses.
e. Golf courses and country clubs.
f. Single-family dwellings.
3. R-l Single-Family Relildential District
a. Single-family dwellings.
b. Public parks and playgrounds.
c. Agricultural uses on lots two and one-half (2.-1/2) acres or larger in
size except as follows:
(1) Crop farming within 300 feet of a platted subdivision.
(2) Commercial animal farming within 600 feet of a platted subdivision.
d. Sehoe 1s, religious iris t Hut 10ns.
e. Day care center~ for 10 or fewer children.
4. R-2 Two-Family Residential Dia trict
a. Uses permitted in the R-1 District.
b. Two-family dwellings.
c. Publicly owned civic and ,cultural institutions such as libraries, public
safety a~d historical buildings.
5. R-3 Townhc\1se and Multiple-Family Residential District
a. Uses permitted in the R-2 District.
b. Townhouses and multiple-family dwellings containing not more than twelve
(12) dwelling units per structure.
c. Community centers.
6. R-4 General Multiple-Family Residential District
a. Uses permitted in the R-3 District, items (b) and (c) and R-2 District
item (c).
b. Multiple-family dwellings which may contain more than twelve (12) dwelling
units per structure.
9.
.
.
.
7. C-1 Central Business District
a. Multiple-family dwellings containing at least twelve (12) dwelling units.
b. Profeusional offices.
c. Busin~ss offices and public buildings.
d.. Financial institutions.
e. Hospitals, mental health centers.
f. Department stor~s.
g. Parki~g lots and ramps.
h. Taverns, hotels and res taurants.
1. Perso~al service establishments.
j. Retail stores an4 shops.
k. Hotels.
8.C-2 General Commerciul District
a. Uses as permitted in the C-l District except department stores.
b. Indoor alDusement and recreation centers.
9. C-3 Highway Commercial District
a. Motor vehicle service stations.
b. New car, implement and marine sales.
c. Auto r.epair 6hops.
d. Busi~ess and professional offices.
e. Enclosed storage and warehousing.
f. Publ1 r. ga rages.
g. Drive-in theaters.
h. Broadca~ting studios and facilities.
i. Conv€.nience stores.
j. Indoor and outdoor amusement and recreation centers.
k. Liquor stores.
. 10.
.
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o
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10. 1-1 Light Indu~trtal District
a. Offices.
b. Enclcsed storage and warehousing.
c. Resea~ch laboratciries.
d. Light manufacturing, including compounding, processing and packaging of
'products and materials.
e. Screened outdoor storage areas.
11. 1-2 Medium Indu~trlal District
a. Uses permitted in the 1-1 Light Industrial District.
b. Open or enclosed storage or warehousing.
c. ~ontractlng yards.
d. Grain and feed elevators and mills.
e. Lumbcr yardG (unenclosed).
f. Concrete products processing.
g. Animal and poultry processing.
h. Freight (raIl) yards.
1. Proccssing and storage of natural resources.
12.
PUD. Planned Unit Development District
a. Purpose. The purpose of this district is to provide design and locational
flexibility and variety for Planned Unit Developments (PUD's) on larget tracts
of land with adequate sewer and water systems by allowing modification of
lot and building area, width, setback and other dimensional requirements.
PUD's shall be ~eveloped in accordance with an over~ll design and an integrated
development plan in accordance with the Subdivision Regulations. PUD's shall
be consistent with the intent and purpos'3 of this Ordinance and shall not
adversely affect the property adjacent to the land area to be developed.
b.
Regulations.
1. A PUD may be authorized on land in a PUD Dlstrict following the
issuance of a 'condtttonal use permit and s\lbrUvision npproval. A. PUD
shall comply with the provisions of this Ordinance except as expressly
mo41 tied herein.
ii. Permitted conditional and accessory uses tn residential and
commercial districts may be allowed 1n a PUD if the Council determines
that such uses are compatible.
11.
.
.
o
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iii. The minimum area of land to be included in a PUD shall be twenty
(20) acres under uniform control or ownership.
iv. A PUD shall be designed to form a des1rable unified environment
within its proposed boundaries.
v. A PUD shall not cause undesirable impacts on adjacent lands and land
uses. In particular, uses in the PUD perimeter shall be compatible with
adj3cent uses outside the PUD.
vi. A PUD shall be served by adequate water and sewer systems.
vii. A PUU shall not adversely affect exi~ting or proposed parks,
sch?ols, streets or other public facilitie~.
vii t. The Council may establish va ded anu reasonable lot area, frontage,
side yard, and setback requirement~ for a rUD and may authorize a
residential d.relling unit density which it determines to be appropriate
under the circumstances. Any permltted density shall be consistent with
the Comprehensive Development Plan and not adversely affect the public
health, safety.and welfare.
ix. More than one dwelling unit may be cOl1structeu on a lot within a
PUD if authorized by the Council. Uses wilhin PUD's should be constructed
on individual lots having no less than eighty percent (80%) of the minimum
area for similar uses within that district where they are permitted "
subject to the most stringent minimum requIrements.
c.
Administrative Procedure.
1. Prior to the commencement of formal re'/iew, any person may submit
a PUD concept plan to the City requesting ~taff and Planning Commission
review and advisory comment.
ii. The proponents of a PUD shall submit 3 preliminary subdivision plat
and a site plan, along with an appUcation for a conditional use permit
to the Planning Commission and Council. The Planning Commission shall
review PUD proposats and make recommendations to the Council based on
the provisiono contained herein, in the Subdivision Ordinance. and in
Section 900.42. .Such preliminary plat and B lte plan shall conform to
the provlsioOfl of this Ordinance and the Subdivision Regulations. Such
site plan shall show:
Proposed sanitary sewer and water systems, including size.
type and capacity.
Proposed roadways, location, typ~, capacity and paving.
The proposed site and existing aJjacent development.
Size and location of building anl dwelling unit density.
Landscaping.
12.
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.
.
Parking areas and arrangement of stalls.
Site and lot dimensions.
Loc~tlon and size of park and opan space.
Type of use and use density of e3.ch building, including a relief
drawing of the general building design intended for all
bui ldtngs other than single-and two-family units.
The proposed schedule for the development of the site.
Location, type and size of signage.
Statement of the reasons why the PUD will be in the public
interest, consistent with the purposes and requirements hereof
and those in Section 900.42.
The Council shall review a pun proposal pursU8l1t to the provisions
: contained herein and in Section 900.42.
iii. If the conditional use permit and the preliminary plat and site
plan are approved, the preliminary plat and site plan shall be attached
to and become part of the condl tional use permit. Any modification of
the conditional use permit, preliminary pl~t or site plan must be approved
by the Planning Commission and the Council. The Council may approve
the entire PUD or one or more stages of the sar.1e and may establish
conditions respecting the-approval as provided in Section 900.42.
lv. If the conditional use permit is approved, the final plat shall
be submitted to the City tn accordance with the Subdivision Regulations
and the provisions of this Ordinance.
90o.i4 . Acceysory Uses by District.
1. A-I Agricultural Conservation District
a. AcceY80ry farm structures.
b. Public shelters and essential services.
c. Livestock, including horses. provided all livestock compounds are no closer
than 600 feet from any residence or platted arelS.
2. R-1 Residential District
a. Public shelters and utilities.
b. Garages.
c. Swimming pools, when completely enclosed within a chain link or similar
fence at least four (4) feet high with a lockable gate.
13.
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d. KeepIng of not more than two roomers.
e. Living quarters of persons employed upon the premises.
f. Accessory uses incidental to the principal use of the R-l District.
3. R-2 Residential District
a. Uses as permitted and regulated in the R-I S ingl~-Family District.
b. Accessory uses incidental to the principal uses in the R-2 District.
4. R-3 and a-4 Residential Districts
a. Garages (common).
b. Swimming, sauna and other private recreation activity, provided such
activity 1s only for the use of the resident and his guests.
c. Accessory uses as regulated in the R-2 District.
d.Accessory uses incidental to the principal uses in the R-3 and R-4
Districts.
e. Signs as permitted in Section 900.22.
5. C-lt C-2t and C-3 Commercial Dhtrlcts
.
a. Signs as permitted in Section 900.22.
b. Off-street parking facilities.
c. Off-s treet loading facHi ties.
d. Telephone booths.
e. Public or private recreation facilities.
f. Accessory uses in the R-3 and R-4 Districts as r~gulated therein.
900.16 - Conditional Uses.
1. A-I Agricultural Conservation District
a. Private recreational facilities.
b. Travel trailer parks and campgroundH.
c. Mineral extraction and general excavation operations.
d. Feedlots.
e. Churches.
14.
.
f. 'Roadsid~ sales stands.
g. Veterinury clinics and kennels.
h. Cemetery or memorial gardens.
1. Home oc~upat1ons.
j. Airports.
k. Waste Dlsposal sites - landfills.
2. R-l andR-2 Residential Districts
a. ~emporary real estate offices.
b. Home oecupations.
c. Churchus.
d. Golf c'.)urses and country clubs in the R-1A an" R-IB Districts.
3. R-3 R.esident ial Dis trlc t
. a. . Mobile home park6.
b. Temporary real estate offices.
c. Day CE.re centers for 10 or more children.
4. R-4 Residential District
a. Nursing homes.
b. Boarding houses.
c. Rehabilitation centers.
(;;
d. Clinics.
e. Day care center9 for 10 or more children.
s. C-l and C-2 Districts
-
a.Conditional uses permitted in the R-4 District.
i
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b. Principle uses permitted in the R-3 and R-4 Districts.
c. Lod~and fraternal organizations.
6. C-3 Commercial District
a. Motels.
15.
b. Car washes.
c. Restaurants, including drive-in restaurants.
d. Shopping centers.
e. Laundry e~tablishments.
f. Encl~sed light manufacturing combined with Gales operations.
g. Beauty and barber shops.
1-1 and 1-2 Industrial Districts
a. Junkyards a[~ automobile wrecking and storage yards and recycling centers.
b. Waste transfer and reduction facilities.
c. Extraction and asphalt processing operationE.
d. Rendering plants.
e. Uses similar to the above industrial uses.
f. Broadcas ting 8 tudios and facil1 ties.
g. Airports.
16.
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2. Accessory Use Setbacks. Accessory structures shall comply with district
dimensional requirements specified for principal us~s in Paragraph 1, except that
interior side and rear setback requirements may be reduced to five (5) feet for
I.lc.ces80ry structures in R-l, R-2, R-3 and R-4 Residential Districts, to ten (10)
feet in C:-l, C-2, C-3, I-I and 1-2 Commercial and Lldustr1.al Districts, and
eliminated for commerctal and industrial useG wi thi.l or adjacent to Commercial
and Industrial Districts.
3. Conditional Use Setbacks. Conditional uses shall not exceed the dilltrict
requirements- as specified in Paragraph 1, except for the uses noted below.
Use
Front In terior Exterior
S e tbac~ Side Side Rear
50 50 50 '50
50 100 50 100
50 100 50 100
SO SO 50 50
Public Buildings
Public and Private Utilities
Priva te and Public Schools
Religious Institutions
900.20 -General Regulations.
1.
Scope of Regula tlons.
a. Except as may otlte rwise be provided inSect ton 900.34, all buildings
erected, all URes of land or buildings (!stablished, all structural a1teration9
. or reloC8l;:ion of p.xlsttng buildings, and all enlargements or additions to
existing uses occurring hereafter shall be subject to all regulations of this
Ordinance which ar.e applicable to the zoning diatr lets in which such buildings,
uses or land shall be located.
b. Noappl1catio'l for a building permit or ot:ler permit or l1cense,or for
a certificate of zoning compliance shall be ap proved by the Zoning and Building
Administrator and no permit or license shall b~ issued by any other City
officer or department which would author.1ze th~ use or change in use of any
land or building contrary to the provisions of this Ordinance, or the erection,
moving, alteratIon, enlargement, or occupancy 0f any building designed or
intended to be used for a purpose or In a manner contrary to the provisions
of this Ordinance.
c. Area Regu1<\tions: Except as authodzed pursu.ant to Sections 900.12(12)
and 900.40, no lot area shall be 80 reduced or diminished that the yards or
other open spaces shall be smaller than prescribed by this Ordinance, nor
shall the density or population be increased 1.1 any manner except In conformity
with the area regll1ations as hereinafter proviJed) nor shall the area of any
lot be reduced below the minimum requirement hereIn established.
2. Not More_ Than One Principal Building on a l.ot. In any district not more than
. one principal buildIng shall be perml tted to be crc.:ted on a single lot or plot
in amobl1e home park) except as provided in Section 900.12(12) (Planned Unit
Development). Groupi ng of bulldl ngs des Igncd fo r dNelli ng purposes may only be
permitted following compliance with SectIon 900.12(12) of this Ordinance.
. '
3. Home Occupationfl. A home occupation may be est,lhH;;hed and conducted only
in ,accordance with the following requirements folloNing receipt of a conditional
18.
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use pemi t:
a. SubordInate Use - The use of the dwelling unit for the home occupation
shall be clearly incidental and subordinate to its residential usc, and not
~ore the.n twenty-five percent (25%) of floor area of the dwelling unit shall
be used in the conduct of the home occupation.
b. Outside Appearance - Conduct of the home occupation shall result in no
change :f.n the outslde appearance of the bullcUng or land, or other visible
evidence of thE> conduct of the home OCCllpa tion othe r than one sign, not
exceedir.g two sqUt.'\re feet in area, non-illuminated, and mounted flat against
the wall of the dwelling.
c. Hours of Operation - Hours of operation for such occupations shall be
limited to between 8:00 a.m. 'and 8:00 p.rn.
d. . Traf fic - No traf Hc shall be generated hy such home occupa tion in greater
volume than would normally be expected in a residential neighborhood, and
any need for parkia8 generated by the conduct of such home occupation shall
be met eff the street and other than in a required front yard.
e. Two-Cus tome r Service - A home occora tion shall serve no more than two
cus tomersata- time.
f. ~esldent Employee - Only one non-.resident of the home may be employed
by the ('ccu pa t 10 n.
4. Ac ces so ry Bull di '1B!!..
a. Inc~se an accessory building is attitched to the main building, it shall
be made structurally a part of the main building and shall comply in all
respects wi th the requi rements ()f this Ordi nance applicable to the main
building. An accessory building, unless attached to snd made a part of the
main building, shall not be closer than five (5) feet to a main building.
b. A detached accessory building shall not be located in any required front
ya rd.
c. A detached accessory building not over one (1) story and not,exceeding
twelve (12) feet in l'eight may occupy not more than thirty percent (30r.) of
the area of any side or rear yard, provided that no detached accessory building
sh.'111 be placed nearer than five (5) feet from any side or rear lot line,
except that Ii two-utall garage may be us(~d jointly and solely by the families
living on two (2) adjacent Iota and 1lk1Y be built so as to place one (1) stall
on each side of the lot line, provided that the two (2) stalls are separated
by afire wall.
5.
Height RegulaU~.
a. Where the llverage slope of a lot is greater than one (1) foot rise or
fall in seven (1) feet of horizontal distance from the established street
elevation at the property line, one story in addition to the number pemitted
in the district in which the lot is situated shall be permitted on the do.mh1l1
side of any building.
19.
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.
(:)
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b. Height limitations set forth elsewhere in this Ordinance may be inc.reased
by one hllndred percent (100%) \,zhcn applied to tbe following: chimneys, cooling
towers, nlcva tor bulkheads, f ire towers, monumerlts, penthouse s, water towers,
stacks; Rtage towers, or scenery lofts, tanks, crnamental towers and spIres,
radio towers, t.v. antennas, or necessary mechanical appurtenances usually
required to be placed above the roof le\fel and not intended for human
occupancy.
6. Yard ReRulations_. The following requirements ql.U.Ufy or supplement, as the
case may be, the district regulations found at Secttvn 900.18. Yard measurements
shall be taken from the nearest point of the wall of a building to the lot lIne
In questlon,llubject to the following qualifications:
a. Ever:! part of a requi red yard or court shall he ope n from 1 ts lowest' point
to the sky, unobstructed except for the ordinar) projection of window wells
above too bottom of stich yard or court and excer,t for the projer.tlon of sl1ls,
belt cOUt'ses, cornices and ornamental fea tures [,ot to exceed eighteen (18)
inches.
b.Open or 1atttc~-enclosed fire escapes, fireproof outside stairways, and
ba1conie9 opening upon fire towers projecting into a yard not more than four
(4) feet six (6) inches or into a C01.1rt not mo re than three and one-half (3-
1/2) feet shall be permitted, where the same arc to be so placed as not to
obstruct light and ventilation.
c. A yard, court, or other open space provided about any building for the
purpose of complying with the provisions of this Ordinance shall not again
be used as a yard, court, or other open space for another building.
d. Side yard requl rements specified in Sect Ion 900.18 may be reduced to twenty
percent (20%) or the lot width, ten pe rcent (10%) to be located on each side
of a structure, in situations where the lot size is less than the minimum
lot size specified in this Ordinance.
e. In situations where an existing accessory sLructure is located closer
to too street right-of-way than prescribed in Section 900.18, the front yard
setback may be varled so that it will be one-ha~_f (1/2) the distance between
the existing setba(':k and the setback establlsherl herein: if there are
structures adjacent to both sides of the lot, the se tback may be altered to
permit a structure to be located on a line drawn between thE! furthermost or
closest corners of the existing structures to the street right-of-way-
f. The front yard setback requirements shall he observed on each street side
of a corner lot; provided, however, that the buildable width of a lot shall
not be reduced to less than thirty (30) feet.
g. ~~ for Open Land Uses - Where a lot is to he occupied for a permitted
use without buildings or f3tructures thereon, the side yards and front yards
required herein for. the zone wi thin w11 ich such ~cot is located shall be provided
and maintained between such use and thl~ respect tve lot 1 tnes; provided that
stde and rear yards shall not be requi red on lots w1 thout buildings or
structures, used for garden purposes or public playgrounds.
20.
.
.
.
h.. Permitted Obstructions in Re uired Yards - The following shall not be
cons1dere to be obstructions when located in required front, rear, and side
yards specified:
i. In Front Yards - One-story bay window~ projecting three (3) feet
or less into the yard; and overhangs, eaves and gut tera projecting two
anri one-half (2-1/2) feet or less into the: requi red yard setback.
A landing place or uncovered porch may extend into the required
front yard to a distance not exceeding six (6) feet, if the landing
place or porch has its floor no higher than the entrance floor of
the building.
The reqll1red front yard of a corner lot shall not contain any wall,
fence, or other structure, tree, shrub, or other growth which' may
cause danger to traffic on a street or public road by obscuring
the view.
On double frontage lots, the required front yard shall be provided
on both streets.
Air conditioning units, excluding window units, shall not be located
l n rl..'q ui red ya rds.
ii. In Side Yards - Overhangs, eaves and gutters may project into any
required yard and setback a distance of one (l) foot.
111. In Rear Yards - Enclosed, attached or detached off-street parking
spaces; open off-street parkinp, s~~ces; accessory structures, toolrooms,
and slmilrxr buildings or. structures for domestic storage; balconies;
breezeways and open porches; onc slo ry bay windows projecting two and
one-half (2-1/2) feet or. less into the yard.
In determining the depth of the rear yard for any building where the
rear yard opens into an alley, one-half 0/2) the width of the alley,
but not exceeding tell (0) feet, may be c0nsldered as a portion of the
rear ya rd.
7. Vi sion Clearance.
a. ~ces. Walls in Front Yard - In any resld~ntial zone on any corner lot,
no fence or accessory structure or planting sh<111 ri.se over two and one-half
(2-1/2) feet In height above the level of the publlc sidewalk within twenty
(20) feet of any corne'r, so as to interfere with traffic visibility across
the corner. No fence or wall or shrub planting of more than two and one-half
(2-1/2) feet in height above the level of the public sidewalk shall be erected
on aqy interior lot within ten (lO)feet of the front property line where
it will interfere with traffic visibility frol:l a driveway.
b. ~ces In Side and Front Yards - No fence tn a front yard or along a side
line of a lot in a residcntial zone, other than a retaining wall, shall be
higher than six (6) feet in height unless the ?djoining lot is not In. a
residential zone.
21.
.
.
i".
:..,;
.
c. Fences in Rear Yard - No fence higher than eight (8) feet may be located
in a required rear yard in a residential clistr ict, unless the adjoining lot
is not In a residential zone.
8. Street Closures. hJhenever any street, alley. or other public way is vacated
by official .action of the City, the zoning district adjoining each side of such
street, alley or public way remains at the center or such vacation, and all area
included in the vacation shall then and henceforth be subject to all appropriate
regula tions of the ext(Hlded distr lcts.
9. Areas Uncle r Wa te r. . All areas wi thin thl~ corpo rate Umi ts of the Ci ty which
are underwater and not shown as included wI thin any zone shall be subject to the
regulations of the zone which immediately adjoins the water area. If the water
area adjoins two or more zones, the boundaries of each zone shall be construed
to extend into the 1f,fater area in a straight li.ne uneil they meet the otherdistr!ct
at a half-way point.
10. Essenti~l Servjcen. Essential services may be located in any district subject
to compliance with all applicable laws, regulations and ordinances. Prior to the
commencement of con.':ltruction, installation or condeMnatlon. plans for the proposed
essential service actlvity shall be submitted to and reviewed by the Council.
The Council may requlre .that the location and constt'uctlon of such services be
made compatible with the existing and pbnned development including without'
limitation roads, parks, schools and buildings.
11. Structures to Have Access. Every bullcling hereafter erected or moved shall
be on a lot ~djncenl to ::i publ1c street, and all stluctl1re~ shall be so located
on lots as to provide safety and convenient access for servicing. fire protection,
and required off-street parklng. All lots shall have the required minimum width
at the street right-'of-way line and the building seLback line except las authorized
pursuant to t~ Subdiv:l sian Ordinance, Section 1008 of the Code.
900.22 - ~~ Regulations.
1. General. All signs hereafter erected or maintained, except official, public
traffic, and street sIgns, shall conform with the plovisions of this section and
other ordinances and regulatIons of the City.
2.
Perm! tB.
a. From and after the effectIve date of this Ordinance, the mmer or other
person hav:lng control of any sign except residential, professional and
institutional nameplate signs, church signs, arid warning signs, shall submit
an appl1.cation .for a permit to maintain and anr,ually inspect such signs.
Appl1cat.ions for such permits shall be accompar,ied by detailed plans and such
other nece'3ssry Infonnatton to determine the l0catlon and compliance with
all application regulations) and a permit may be issued upon payment of the
required permit fee.
b. The permit and inspection fee for ndvertising signs shall be established
byresolutl(jn of the Councll.
c. All permits shall be renewed every two years on or by July 1st.
22.
.
3. Provisionu for nIl Districts. The follOvl1ng regulatIons shall apply to all
signs hereinafter permitted In all dl8tricts~
a. . S1gn~ shall not be permitted within a public right-of-way or easement.
b. No sign 6h0:'111 be placed that resembles any official marker erected by
a goverlllRental agency or displaying such words as "stop" or "danger."
c. No sign aha11 be permitted to obstruct any window,. door, fire escape,
.stalrway or opening intended to provide light, air or access to any building.
or structure.
d. Upon notification by the Councilor Zoning and Buil~ing Administrator
that a sign Is rotted, unsafe or unsightly, the owner of said sign or owner
of prope::ty thereunder shall remove or r.epair same.
e. The 0\o1ner, lessee, or man<1ger of any ground sign and the owner of the
land on uhich the same is loca ted shall keep grass 0 r weeds and other growth
cut and jebrls and rubbish cleared from the lot on which the sign is located.
f. Political signs may be permltted fo:" a period of not more than sixty (60)
days before anci ten .(10) days after an election.
g. High InteMity rotating signs or flashing slgns shall not be permitted.
.~
4. ~ns 1n FF, FW,_A-l and R-l, R-2, R-3 and R-4 Residential Districts. No sign
shall be permt tted in the F-P District nor shall any sign be erected in any A-I,
a-I, R-2, R-3 or R-4 District except:
a. A nameplate sign identifying the owner or occu~~nt of a building or
dwelling unit, provided such sign does not exceed two (2) square feet in
surface :1rea. Such signs may be illuminated.
b. A sign pertaining to the lease or sale of the building or property,
provided such sign does not exceed four (4) square feet in surface area.
Such signs shall not be illuminated.
~
c. Temporary signs advert Ising a new s l1bdi vi sian development limited to one
sign in tre development not exceeding ninety-six (96) square feet in surface
area or fifteen (15) feet in height and one directional sign not exceeding
four (4) square feet in surface area located at each major thoroughfare
approach to the development.
d. A temporary sign identifying an engineer, architect, contraetor or product
engaged tn or used in the construction of a building, provided rJuch dgn does
not exce~d sixteen (16) square feet in Burface area and is removed prior to
. the occupancy of the building. Such sIgn shall not be illuminated.
.
e. One 1dentification sign not to exceed twenty-four (24) square feet in.
surface area for churches, schools, hospi tals, 8anit.<\rlums, clubs, libraries
or simi13r use. Such signs may be illuminated.
f. Dlre~tl()nlll, unllluminated signH not exceeding two (2) square feet 1n
8urhce area dh:plnylng dt rf'.r.ttonllt tnformation for churco(}f1. qr,hooh.
23.
.
.
.
hospitals, sanitariums, clubs, librarleH or siMilar uses, provided that each
such use shall be limited to one sllch sign per thoroughfare approach.
g. Pl.\bUc street identification signs, traffic signs, and directional signs
in any parking area where such signs are necesflary for the orderly movement
of traf fic.
5. Signs in C-lt C..!.t.-and C..;3 Commerda1 Districts. Slgns may be erected in
Commercial Distr icttJ subject to the follCMing pro'll ~ions:
a. The total Gurface area of all business signs on a lot shall not exceed
tw,o (2) square feet per linear foot of the lot frontage or ten percent (10%)
of the building frontage area or seventy-five (75) square feet in area,
whichever .ta greater. Signs may be illuminated.
b. Advertising sign structures shall be limited to one (1) for a lot of one
hundred (100) foot frontage or less and to only one (1) for each additional
two hundred (200) feet of additional lot frontage.
c. Such al'lvertising structure may not contain more than two (2) signs per
facing, nor exceed fifty-five (55) feet in total length and thirty-five (35)
feet in hetght..
,
d. No advertlf;ing sign may be erected within one r.undred fifty (150) feet
of an adjolnillg reddential district nor within two hundred (200) feet of
another sign structure on the same side of a road.
e. No 6ign shall project higher than six (6) feet above the roof or parapet
line of the buUding.
f. Signs painted on a building shall be governed by the square footage
limitations s~cified above. Such signs shall be maintained in good condi.tion
and shall be repainted, r~moved, or painted out t<Then, in the opinion of the
Council and/or Zoning and Bul1ding Admlnistrator, they are not so maintained.
g. Where a sIgn is illuminated, the source of light shall not be visible
from any public right-of-way, and such light shall be directed away from any
residential dlr,trict.
6. Signs in 1-1 and 1-2 Industrial Districts. Signs may be erected in Industrial
Districts subject to the fo1101.-1ing provisiollfl:
a. The total nurface area of all business signs on a lot shall not exceed
three (3) square feet per llnear foot o~ lot frontage or twenty percent (20%)
of the hui tdi nn frontage area or three hund rcd (300) sqll<'lre feet in area.
~lhichevcr if; greater. Such signs may b~ illuminated.
b. No dgn shall be attitched to any t r~e, fence or ut ill ty pole.
c. Advertising sign structures shall he limited to one (l) for a lot of two
hundred (200) foot front<'!ge or less and to only one (l) for each additional
four hundred (400) feet of frontage.
d. Saoe as i~ 5 c ahove.
24.
.
e. No advertising sign may be erected withln two hundred (200) feet of an
adjoining re:;ld~ntial district nor within four hundred (400) feet of another
sign structure O,n the lame side of a road.
f. Same as 1n 5 e above.
g. Same as in 5 f above.
h. Same as 1n 5 g above.
900.24 - Parking and Loading Regulations. All parki'lg hereafter constructed or
maintained 6ha11 conform 'AI! th the proviglons of thIs sect ton nnd any other ordinances
or regulations of the City.
1. Minimum Size Regulations. ~ach parking space shall c:omp1y with City standards
set forth in adopted Site Design Requirements for minimum size and surfacing and
8ha~l he adequately served by access drives. All loading spaces shall be sufficient
to meet the wqui rements of each use and shall provide adequa te space for storage
and maneuvering of the vehicles they are designed to serve.
.
2. . Reduction and Use of- Parkin~ and Loadin.,g Space. On-site parking facilities
~xisting on tie effective date of this Ordinance shall not be reduced In size to
an amollntless thlln that authorized under thlq Ordinance for a similar new building
or use except foll~Ntng express authorization of the Council. Required parking
or loading spaces shall not be used for stora3e of goods or for storage of vehicles
that are inoperable or for sale or rent.
3. Com put :lng Reqnl rcrnents. In comput ing t he number of such parking spaces
required, the foLlowing rules shall govern:
a. Floor space shall mean the gross floor area of the specific use.
b. Where fractional spaces result, the parking spaces required shall be
construed to 00 the next largest whole number.
c. The park1.ng sp.:.Ice requf.rement for a 11Se. not speclfically menttoned herein
shall be the same ,w requir.ed for a use of similar nature, as determined by
the Planning Commission.
d. The Coundl may reduce the number of parking sp.1ces required hereby
following the establishment of a public off-street parking area which serves
the appIJcable use.
4. Yards. On-site parking and loading facl1:l.ties shall not be subject to the
f.ront. yard, side yard and rear yard regulations for the district in which parking
:l s Ioca ted, excep t Uk'} t:
..
a. Iri a C-l, C-2 or C-3 Commercial District, no parking or loading space
shall be located withln ten (10) feet of any property line that abuts a road
or highw.iy right-of-way, or any Residential or Agricultural Conservation
District. .
b. In 'an 1-1 L1.ght Industrla1Distr1ct and 1-2 Medium Industrial D~strict.
25.
.
.
(',
...
.
r
no parking or lo;triing space shall he locnted within ten (10) feet of any
property line tlvtt abuts a highway right-of-way line, or any residential or
conservation district ex.cept for railroad loading areas.
5. Buffer'Fences and Planting Screens. On-site parking and loading areas near
or abutting residential districts shall be screened by a buffer fence of adequate
design or a plantlng buffer screen; plans of such s::reen or fence shall be submitted
for approval AS a part of the required site or plot plan, and such fence or
landscaping shall be installed as a part of the initial construction.
6. Access.
a. Parking and loading space shall have proper access from a publlc right-
of-way.
b. The number and width of access drives shall be so located as to minimize
traf fie congestion and abnormal traf fie hazard.
c. Vehicular acc~ss to business or industrial uses across property in any
l'esldential district shall be prohibited.
7. Location.of Parking Facilities and Combined FacUltIes. Required on-site
parking space shall ~ provided on the &"lme lot as the principal building or use,
except that combined or joint parking facilities ma~r be provided for one (1) or
more huildings or u;e~ in Commercial Districts and tn Industrial Districts. provided
that the total number of spaces shall equal the sum of the requirements for each
building or use.
8. Construction and Maintenance.
a. In Commercial and Industrial Districts, parking areas and access drIves
gmll be paved with a dust-free, all-weather sllrface with proper surface
drainage, as required by the City Engin~er.
b. The operator of the principal buildi ng or use shall maintain parking and
loading areas, access drives and yard areas in a neat and serviceable
condi tia n.
,9. LightIng. Lighting .shall be directed a'Nay from the public right-of-way and
nearby or adjacent Residential or Agricultural ConservatIon Districts. Commercial
parking lots sh;tll be lighted to a minimum level of three (3) foot candles. Other
parking lots sh.'lll ~ lighted to a mjnimum level of one and a half (1-1/2) foot
cand lese
10. ReQui red Number of On-Si te Pa rking Spaces.. On-s I te pa rki ng areas of sufficient
size to provide parking for patrons, customeL"s, suppliers, visitors and employees
shall be provided 011 the prerni:~es of each lIse. The minimum numher of required
on-site pa eking spaces for the following uses shall be as follows:
a. Single-famiJ.y dwelling -- one (1) enclosed parking space. No garage shall
be converted into living space unless other acc:eptable on-site parking space
is provided.
b. Multiple-family dwelling -- two (2) parkinr, spaces per dwelling unit,
26.
.
one space of which must be completely enclosed.
c. Churches one (1) pHking space for each four (4) seats, based on the
ctesigt) capacity of the maIn seating are;}.
d. Public elementary, junior high schonl or simil~r private school -- two
(2) parking sp.'lces for each classroom.
e. Senlor high school -- one (1) parkl~g space for each classroom plus one
(1) parking space for each ten (10) stu~ents, based upon design capacity.
f. HunJcipa1 administration buildings, community center, public library,
museum, art galleries, post office and other public service buildings -- one
(1) parking spc'lce for each five hundred (500) square feet of floor area in
the principal structure.
g. Golfcourge, golf clubhouse, country club, swimming club, tennis club,
. public swimming pool -- twenty (20) spJces, plus one (1) space for each five
hundred (500) square feet of floor area in the principal structure.
h. .Professlonal offices, medical and dental clinics and animal hospi tals
one (1) parking space for each two hundred fifty (250) sqrnlre feet of floor
. area. :
.
i. Office buUdings -- one (1) parking space tor eelch four hundred (400)
sqUare feet of floor area.
j. Sho?ping center -- where several business uses are grouped together
according to a general development plan~ on-site automobile parking shall
be provided in n ratio of not less than two and two tenths (2.2) square feet
of gross parking area for each one (1) square toot of gross floor area;
separat~ olrs! te ljpace shall be provided for loading and unloading.
k.. Automobile selvice station -- four (4) parking spaces, plus two (2) parking
spaces for each service stall; such par-king spaces shall be in addition to
parking space required for gas pump ar~as.
~
1. Auto sales, trailer sales, marine nnd boat sales, implement sales, garden
supply r.tore, building materials sales, auto repair -- one (1) parking space
for each five hundred (500) square feet of floor area.
m. Bowling alley -- five (5) parking spaces for each bowling lane.
n. Drive-in restaurant -- twenty (20) parking s~~ces or one (1) space for
each twenty (20) square feet of floor area, whichever is greater. .
o. Assembly or ex.hibition hall, auditorium, theater or sports arena one
(1) parking space for each four (4) seats, based upon design capacity. .
.
p. Res1;aurant, cafe, nightclub, tavern or bar -- one (1) parking space for /'
each se"enty~f1ve (75) square feet of customer floor area, or one (1) parking
space for each four (4) seats plus five (5) additional spaces, whichever.1s
greater"
27.
.
.
~.
.
""""'
q. RetaH stores and service estahltshments -- three (3) parking spaces for
each one thousand (1 tOOO) square feet of retail floor area up to five thousand
(5,000) square feet and then tlolO Hod one-half (2-1/2) spaces for each
addi tional one thousand (1 t 000) aqua re feet.
r. Researcht experimental or test1.ng stations -- one (1) parking space for
each employee on the major shift or one (1) parking space for each five hundred
(SOO) square feet of gross floor area within the building, whichever is
greater.
s. Storage, wholenale or warehouse est~b1ishments -- one (1) parking space
for each two (2) enployees on the majo r shift 0 cone (1) pa rki ng space for
each two thousand (2,000) square feet of floor area, whichever is greater,
plus one (1) space for each company motor vehicle when customarily kept on
the premi se s.
t. Motel or motor hotel -- five (5) Sfk"lces plus one (1) parking space for
each rental room or. suite.
u. Manufacturing or processing plant -- one (1) off-street parking space
for each two (2) etTlployees on the major shift 0.. one (1) off-street parking
space for each campa.ny motor vehicle when custol,Iarily kept on the pl"emises.
v. Mobile home parks -- See Section 900.26, Hohne Home Park Requirements.
11. Off-Street Loading and Trash Removal Are2.
a. Location - 1\11 required loading or unloading into or out of railroad cars
or truck~"iT1 excess of 3/4 ton capacity shall ~ conducted at f."lcilities
specifically deuigned or designated for that purpose. These facilities sh:111
be located upon the lot of the principal use fat' which they are required.
All berths beyond one shall be separate from areas used for off-street parking.
, '
b. Acce:?.!. - Each required off-street loading berth shall be so designed as
to avoid interference with other vehicular, pedestrian or rail access or use
of public streets>> alleys, or other public transport systems.
c. Surfacing - All off-street loading facilities, including loading berths
and maneuvering areas, shall be surfaced with a hard, all-weather, dust-free,
durable sur~aciugmaterial and shall be well drained and landscaped. and shall
be maintained in good condition.
d. Land~caping and Screening - All berths shal~ be screened from view from
the propp.rty across the street frontage and/or [rom the zoning district
boundary when the <ldjacent property or property across the street frontage
or side street frontage is zoned or used for re!;ldential purposes. Said
screening shall be accomplished by a solid wall not less than eight (8) feet
in height and shall be so designed as to he architecturally harmonious with
tl~ principal structure. Screen plantings may ue subs tltuted for the
prescribed ~1all; however>> such p1antings must nut he less than two and one-
half (2-1/2) inches in diameter and must be of t>lIch type as to permit a minimum
of eighty percent (80%) opad ty during all months of the year.
e. Desi8~ - All loading areas shall consist of a maneuvering area in addition
28.
.
to the be rt h nnd
pa. rki ng stalls.
backi ng of truck
the us~ of othe r
shall not use any of tl'.at portion of the site containing
Haneuveri nr, areas shall be of such size as to perm! t the
tractors and coupled trailers into a berth without blocking
berths, drives, maneuvering areas or public rights-of-way.
f. Required Loading Areas -
i.' Space for loading and unloading of goods, supplies and services shall
he provided in addi tion to req ui red of f-s treet pa rki ng spaces and shall
he sufficient to meet the requirements of each use.
ii. The following lI8es shall obse. rve req lIi red loading and unloading
spaces as indicated:
Use
Require~~
(1) Mot~ls, hotels, lodging and One space for each structure over
rooming houses, private clubF 20,000 square feet of gross
and lodges. floor area.
(2) Light and heavy commercial
use/; (except where otherwise
sped fled).
.
(3) Auditorium, stadium,gym-
nasium, community centers
and religious ins t itut io ns
and schools (private and
public) .
(4) Office building and profes-
sional of flces (other than
doctor and dentist); banks.
(5) Restaurants and other fooJ-
dispensing establishments
except drive-in restaurants.
'(6) ,Furniture, automobile and
boa t sales and appliance
6..1Ies.
(7) Hospi tals, rest homes,
nursIng Ilomes, etc.
.
(8) Bowling alleys.
29.
One space for the first 10,000
square feet of gross floor area
and one space for each addi-
tional 50,000 square feet of
gross floor area.(*)
One space fo r each structure over
100,000 sq~~re feet of gross
floor area.
One space for buildings up
to 300,000 square feet
of gross floor area and one
space for each additional 100,000
square feet of gross floor area.(.)
One space fo r each structure wi th over
10,000 square feet of gross floor
area.
One space plus one additional
space for each 25,000 square
feet of gross floor area.(.)
One sp.:'1ce plus one .'1ddi tional
space for each 100,000 square
feet of gross floor area.
One space for each structure
over 20,000 square feet of
gross floor area.
.
.
.....
;Li
,2,':~',"
, ,;, ",.
~i...:;
(9) Manufacturing and research,
experimental or testing
stations.
One space for each 50,000
Rquare feet of gross floor area.(.)
(*) At least one of the required ber.ths shall be a minimum of fifty (50)
feet in length, twelve (12) feet in width and fourteen (14) feet in
heIght.
900.26 - Mobile Home Park Requirements.
1. General. A mobile home park may be located only in an R-3 District following
th~ receipt of a cornU tional us.~ permi t and tile approval of the mobile home park
site plan by the Council and the execution of a development agreement. The plan
and permit application shall be processed pursuant to the procedures established
in Section 900.42. A plan and permit may be approved only following compliance
wi th the provl sions He t forth in this section, Section 900.42, and other applicable
provisions of this Ordinance and other ordinances and regulations of the City."
2. Site Plan. An application to establish a mobile home park shall be accompanied
by a site plan. The site plan, together with the conditional use permit, shall
govern the use and development of the mobile home pal:k. No building permit or
certiUcate c.f occupancy shall be issued unless in conformance with the approved
site plan ,'100 permit and "any changes in the site plan or permit must be specifically
reviewed,and approved bj the Council. The site plan shall include:
a., The name and address of all owners and developers of the proposed mobile
home pa rk.
b. The legal description and size in acres of the proposed mobile home park.
c. The location and size of all mobile home lots, convenience establishments,
storage areas, recreation areas and facilities, landscaping, water areas,
roadways) sidewalks and parking sites.
d. De tailed landscaping and grading plans and sped fications.
e. Pla~n for ~lnitary sewage disposal, surface drainage, fire hydrants, water
systems, elcctr leal, gas, telephone and televi sion se rvices, street lighting
and topcgraphy diagrams.
f. Location and size of all public roadways abutting the mobile home park
and all street and sidewalk accesses frOln such roadways to the mobile home
park.
g. Preliminary road construction plans and sped ficatlons, including crosg-
sectionE. and curb details.
h. Prelim.loary floor plans, locntions and elev.ltlons for all perl'Danent
structun~s.
i. Desc.:r1ption and method of disposing of garbage and refuse.
j. Proposed rules and regulations governing park occupation, operation and
ma in ten~nce.
30.
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k. Staging ;}nd timing of construction of the entire park rE:gardhss of whether
the entire area will be developed at one time or in stages.
1. Such ot~r reasonahle information as shall be required by the Zoning and
Building Administrator.
3. Hinimum DenSity and Area Rcqui remeot!>.
a. The rnini'llum area for a mohile home p:Irk shall b~ eight (8) acres, and
it sh.dl not be less than three hundred (300) feet in ..,idth.
b. Each mohl1e home plot within a park shall be at least three thousand five
hundred (3,500) squ,'tre feet in area and shall have a minimum width of t~irty-
five (35) feet and a minimum depth of one hundred (lOO),feet.
c. A minimum of five hundred (500) square feet per mobile home shall be
provided for definable play areas and (ipen space withirl a mobile home park.
Such ar€:,')s shall be located so as to he free of trilFfk hazards and shall,
to the (;:{tent practicable, be centrally located. Such areas shall not include
an area "Ii thin any se tback, nor shall they include areas of less than twenty
(20) feE:': in length or width.
d. The naximum density of mohile home plots within a mobile home park shall
bp. eight (8) units per gross acre.
e. The Minimum number of plots comple ted wi th all improvements and ready
for occupancy before the first occupancy may be pen'1itted shall be at least
Hfty per.cent (50%)' of the number of approved plots in the conditional uae
pe rmi t.
4.
Lot Coverage nnd Setback Re~uirements.
a. . A mobile home stand, mobile home unit, and accessory structures shall
not cover more than fifty percent (50%) f)f the mobile home plot.
b. Minimum distance between units shall be not less than twenty (20) feet,
or too slim of the heights of the two units, whichever is greater; the point
of measurement being a straight line between the closest point between the
units being mea6ur~d.
c. When a mobile home park ahuts a single-family residential area,. there
shall be a minimum setback on that side of fifty (50) feet between the s.treet
right-of-way line clnd any mobn,e home park use; the setback area slla11 serve
as a huffer 7.one and shall be landscaped according to a landscape plan to
be suhmitted at the time of npplicatton. \4hich shall show the type of planting
lllilterial, sb:e and planting Rchedule.
5.
General lute roal Pa rk Development Req lit rements.
a. The re shAll be a minimum front ya reI c;c tback of Fi fteen (15) feEt from
e.Bch moblle hOllle unit to the street line.
b. All mobile I~me stands shall be at such elevation, distance and angle
31.
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to
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relative to the street and driveway that rlacem'~nt and removal of a mobile
home with a car, tow truck, or other customary rnoving equipment Is practical.
All mobile lXlme stands shall have a' long! tudtnat grade of less than four
percent (4%) and transversc crown or grade to provide adequate surface .
drainage. The stand shall he compacted and surfaced wi th a material which
will prevent th~ growth of vegetation while supporting the maximum anticipated
loads during all seasons.
c~ All mobile homes shall be tied down and blo~ked in accordance with current
state regulations.
d. The entire mobile home park shall he landsc'tped (excluding hard surfaced
areas) and one shade tree '",ith a minimum diametf~r of two (2) inches shall
be planted, or otherwise located, and maintainer! on each unit plot.
e. Municipal sewer and water systems sh...ll1 be Inst;ll1ed in each mobile home
park and such St~rvices shall be connected :lnd m;lde operational for each unit
prior to its occupa ncy.
f. All utilitIes supplied by the mobile home park 1;hall be underground,
including sewer, water and electricity. {-[hen piped fuel and/or gas is
provided, such servi.ce shall a180 be located unrierground.
6. Parking. Sidewal~ and Street Requirements.
a. Park~-
i. Off-street parking areas shall be surfrlced in accordance with the
street surface standards below.
ii. Required off-street parking spclces s1l:111 he located no fut'ther than
three hundred (300) fect from the uait or Ilnltn for which they are
designed.
Iii. A minimuQ of two (2) off-street
for each mobile home plot in a pa rk,
be located upon each plot. Remainl~g
and 8 hall be loca ted '",ithin the pa rk.
pa rk t ng spaces mus t be provided
At least one parking space must
spaces m~y be in a common area
b. Sidewalk!; - ~lobile home pa rks which have or will have fl fty (SO) or more
plots shall hav~ sidewalks at least thirty (30) inches in width adjacent to
appropriate int~rnal streets and roadways to facilitate internal and external
pedestrian c1rc'llation.
c. Streets.'
--
i. Streets shall be of sufficient '",idth so as to permit ease of access
to the mobile home parking stands and the rlneement and removal of mobile
homes without.causing damage to or otherwise jeopardizing the safety
of any occupants or mobile homes jn the park.
it. Streets shall have a minimum width so as to permit two (2) moving
lanes of trafflc. Minimum lane width shall be twelve (12.) feet.
32.
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iH. Street access to a mobile home park shall be so designed as to
permit a ninimum number of ingress and egress points to control traffic
movement, and to keep undesirable traffic out of the park.
iv. Street access shall not be permitted into or upon minor single-family
residential area streets.
v. Streds shall be graded to tlv~ir full width to provide proper grades
for pavement and s idewa 1ks to hav~ udeq ua te surface drainage to the storm
sewer system. The improvements shall extf'nd continuously from existing
improved Etreets to provide access to each lot and to provide connections
to existIng or future streets at the boundaries of the mobile home park.
vt. Streets, curbs, r,utters and common p<,rking areas shall be surfaced
fo r all-weathe r travel and cons trllcted to Ci ty speci fications as
established and accepted by the City Engineer.
7. Storage. Encloced storage shall be located either adjacent to the mobile home
or at such other. place in the park as to be convenif'nt to the unit for which it
is provided. Storar,e of large items such as boats, boat trailers, etc., shall
not be accomplished at. the site of the mobile home nnit, but rather shall be
provided in a separate ~creened area of the park.
8. Central Storage. Each mobile home ~3rk shall contain a central storage building
which includes a tornado cellar capable of accommodating fifty percent (50%) of
the expected number of total residents of the pa rk.
9. Regi stratlon.
a. It shall b€ the duty of the operator of the mobile home park to keep a
regi ster conta:f.nlng a record of all mobile home owners and occupants located
wi thin the park. The register shall contain the following information:
i. The name and address of each mobile h0me occupant.
il. The name and address of the owner of each mobile home.
111. The make, model, year, license and number of each mobile home.
iv. The state, territory or county issuing such license.
v. The c1ete of arrival and departure of each mobile home.
vi. The number and types of motor vehicles of residents in the park.
b. A map of the mobile home park showing the locationt address and number
of each mqbtle home plot 1;hal1 be prominently displayed within the park near
the pa rk entrance.
c. The par.k shall keep the. register aVailable for inspection at all times
by City and County law enforcement offlcers, public health officials and other
public officers whose duties necessitate acqulRltlon of the information
contained in the reglster. The register record for each occupant and/or mobile
home registered shall not be destroyed until after a period of three (3) years
33.
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following the date of departure of the registrant from the park.
10. Maintenance. The operator of any mobile home park. or a duly authorized
attendant o.r caretaker, shall at times keep the mobile home park and its facilities
and equipment in a clean. orderly and sanit"ry condition. The attendant or
caretaker shall be answerable, with said operator, for the violation of any
provision of these regulations to which said operator is subject.
900.28 - Perf0rmance Stand:uds. Every use of land shall be established and
maintained in COOlpl1ance wi th the provisions of this section. The Council may require
too owner or operator of any permitted use to ha\'e made such investigations or tests
by an independent testing organization satisfactcry to the Clty as may be required to
show compliance with the performance standards. The cost of same shall be shared equally
by the owner or operator and the City. unless the investigat:l.on or tests disclose
noncOOlpliance with the performance standards, in which situation the entire cost shall
be pa id 17j the owner or ope rato r.
1. Noise. At any property line the sound pressure level of noise radiated from
an industrial operation shall not exceed thp. values given in Table 1 herein. The
sound pressure level shall be measured with a Sound Level Meter and an associated
Octave nand P.nalyzer. both of which are manufactured to specifications published
11/ the AmerkJin Standard. Specificiltions for an Octave Bank Filter Set for the
Analysis of Noise and Other Sounds. Z24.10-1953. American Standards Association,
Inc., New York, New York. Measurements shall be made using the flat. network of
the sound level meter.
.
TABLE 1
Frequency Band
Cycles Per Second
Naximum Pe r!TIt tted
Sound Level (Decibels)
20 - 75
75 - 150
150 - 1 50
300 - 600
600 - 1,200
1,200 - 2,400
2,400 - 4,800
Over - 4,800
72
67
59
S2
46
40
34
32
(
2. Odors. No harmful odors shail' be detectable beyond the limits of the site
on which a use is located. Detailed plans for the prevention of odorous emissions
may be required before the issuance of a building permit.
3. Exterior L.!..s.b.tl.!!1l' Any lights used for exterior illumination shall direct
light away from adjoining property and public roads. Glare. whether direct or
reflected, sIleh ns from floodllr,ht6. 6pot.Up,ht!>t or hlr,h-temperature processing.
and as differentiated from general illumination. shall not be visible beyond the
Umits of t..... pr ope rty.
.
4. Vibration.. No vibration shall be db:;ccrnible at any property line to the human
sense of feel tng for an accumula ted total ot three (3) or more minutes during any
hour.
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.5. Smoke. The Ringelman Smoke Chart, publisl~d by tl~ United States Bureau of
Mines, shall De used for measuring smoke at tlie point of emission. Smoke not darker
or more' opaque than No.4 on said chart may hE. emitted, excf'!'t that smoke darker
or more opaque than No.2 on said chart may not be emitter.! for periods longer than
four (4) minutes in Bny thirty (30) mInutes. These provisions, applicable to
visible gray smoke, shall also apply to visible smoke of a different color but
an equivalent apparent opaci ty.
6. Dust. SoHd or liquid particles shall not be emJ tted at any point in ,
concentrations exceeding 0.3 grains per cubil: foot of the conveying gas or air.
For measuring the :mount of particles In gases resulting from combustion, standard
c'orrections shall be applied to a stack temperature of five hundred degrees
Fahrenheit (5000F) and fifty percent (50%) excess air.
7. Fumes or Gases. Fumes or gases shall nol be emitted at any point in
concentrations or amounts that are noxious, lexie, or corrosive. The values given
in Table 1 (IlldustriCll Hygiene Standards -- t-laximum Allowable Concentration for
eight (8}-hour day, five (5) days per week), Table III (Odor Thresholds), Table
~V (Exposure to Sub~tances Causing Pain in tl~ Eyes), and Table I (Exposure to
Substances Causing Injury to Vegetation) in the latest revision of Chapter 5,
"Physlologica:i. Effects," that contains such lables, in the "Air Pollution Abatement
Manual," by the Manufacturing Chemists' Assod ation, Inc., Washington, D.C., are
rereby established as guides for the elimination of fumes or gases which may be
required before the issuance of a building pc:rmlt.
8. Fire Hazards. Any ,activity involving thc: use or storage of flammable or
explosive materials shall be protected by ade:qu8 te fire-fighting and fire prevention
equ,ipment and by such safety devices as are normally used in the handling of such
materials. Such hazards shall he kept removt;d from adjacent activities to a
distance which is compatible with the potential danger involved.
9. Wastes. 1.11 soliel waste material. dehris or refuse shall be kept within a
completely en~losed building or properly contained in a closed container designed
for such purposes. All liquid wastes contai~ing any organic or toxic matter shall
be Isol~ted, treated, and disposed of in a m~nner permitted by applicable law and
regulation. The health officer shall assist in determining the proper method of
waste treatment and dl sposa1.
10. Air Pollution. Every activity shall conform to state regulations relating
to air quali ty standards and air po1lut ion control.
11. Erosion. No activity shall be carried on in such a way that water, soil or
any obJectional,le substance is carried onto I1ny adjacent property.
12. Radioacti'1ity or Electrical Disturhance. No activity shall emit dangerous
radioactivity or any electrical disturbance r.dversely affecting the operation of
any equipment or human hahitation at any poir.t other than at the origin of such
dlaturbance.
900.30 - Regulations on Screening, LandscapIng) Ligh~, Storage and Ou~
D1 splay,!,
1. Screening. All nonresidential principal and accessory uses, except business
signs, which are situated within fifty (50) feet of a residential distric.t, shall
35.
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be screened from such district by a wall or fence of not less than eighty percent
(80%) opacity and not less than five (5) nor more than seven (7) feet in height
above tre oolght of tre residential property at the district boundary. Walls or
fences of ~esse r he ights or planting sc reens m:;tY be pe rmi tted by the Council if
i~ finds that the rlature or extent of the use being screened is such that a lesser
degree of screening will as adequately promote and protect the use and enjoyment
of too properties in the adjacent residential district, or that screening of the
type required by this Ordinance would interfere with the provision of adequate
amounts of light and air to said properties. Loading docks and trash disposal
facilities ill 8 Commercial or Industrial District shall be screened so as not to
be visible from any publLc right-of-way. All required screening devices shall
be designed so that they are architecturally harmonious with the principal
structures on the site and they shall he properly maintained so as not to become
unsightly, hazardous, or less opaque than ..,hen originally constructed.
2. Landscaping. All exposed ground areas surrounding or wi thin a principal or
accessory us!.!, including street boulevards, which are n;::lt devoted to drives,
sidewalks, patios, or other such uses shall be landscap~d with grass, $hrubs. trees,
or other living ornamental landscape materials. All landscaped areas shall be
kept neat, clean and uncluttered. No landscaped area 8,a1l be used for the parking
of vehicles or the storage or display of rna terials, supplies or merchandise.
3. Lighting. All sources of artificial light sl tua ted in a Commerd~l or
Industrial District site shall be so fixed, directed, designed or sized that the
sum total 01 treir tllumination will not increase the l~vel of illumination on
any nearby resident tal property by more than 0.1 foot c"lnd Ie in or wi thin twenty-
five (25) feet of a dwelling nor more than 0.5 foot canrtle on any other part of
tre property. "Glare," whether direct or reflected, as different from general
illumination, shall not be visible from beyond the 11mi ts of the immediate site
from T..,hich it origi nates. .
4. Storage, Displays. All materials, supplies, merchandise or other similar matter
not on display for direct sale, rent;il or lease to the llltimate consumer or user
shall be stored within a completely enclosed building in the Commercial or
Industrial District, or within the confines of a one hundred percent (l00%) opaque
wallar fenc.e not less than five (5) feet high. Herchandise which is offered for
sale as desc. tibed above may be displayed beyond the confines of a building in the
Commercial or Industrial District, but the area occupied by such outdoor display
shall not .constitute a greater number of square feet thiln ten percent (10%) of
the ground floor area of the building housJng the princi.pal use, unless such
merchandise is of a type customarily displayed outdoors, such as garden supplies.
No storage of any type shall be permitted within one-half 0/2) of the required
front or side street se tback nearest the street.
900.32 - Requirements for Vehicular and Pedestrian CirclIlatton.
1. Traffic and Circulation. All commcrci.,l and industrial buildings or structures
and the ir accessory uses sl~all he accessihle to and from nearby public streets
and sidewalk.s by driveways and walkways properly drained and paved with a hard,
all-weather, durable, dust-free material.
Vehicular tt."lffic generated hy commercial <ind industr ial uses shall be channeled
and controlled in a manner that wi 11 avoid congestion on the public streets, traffic
hazards, and excessive traffic through residential areas, particularly truck
36.
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traffic. The adcC]uacy of any proposed traf{ c:drculation system to accomplish
these objectives shall be determined by the Ci ty Englneer who may require such
additional measures for traffLc control as !,~ may de'~m necessary, including but
not 1tmi ted. to ttc following: di rectional ~ ignal tza t ion, channcliza tion, 8 tandby
turn lanes, 11 lumina tion, It no s to rage area ,111d eli str ibut ~o n facilities wi thin the
commercial site to .prevent backup of vehic".es on public streets.
2. No area used by motor vehicles other U~an drivewiYs :;erving as ingress and
egress to a commerclal or industrial sit,: shall be located within the publlc street
right-of-way.
D!iveway Widt~. Measurement between roadway edges:
~
Maximum Feet
MlnbLlm Feet
One-way
Two-way
20
30
12
24
Minimum Driveway Angle to Street. Tlnrty (30) degrees when street is one-way or
divided, otherwise sixty (60) degrees.
Minimum Distance Between Drivev;ays. Twenty (20) feet, between roadway edges
measured along street curb line.
Minimum Distance of Driveway from ~creet l~ectto~. Measured along street
curb line between nearest driveway edge and intersecting street curb line:
If the driveway
enters a street
class! fled as a
a nd the inte relect ing
street is c 10 BsiHed
as a
and the driveway enters lane
approaching or leaving inter-
section
~proaching Leavil}g*
Minor Street
t1inor Strec tJ Col1ecto r
Street or Minor Arterial 15 ft. 15 ft.
Major Arte rial 20 ft. 15 ft.
Hinor Street 20 ft. 15 ft.
Collector, Hinor Arterial 25 ft. 15 ft.
Major Arterial 3~ ft. 20 ft.
Minor Stree t 20 ft. 15 ft.
Collecto r, Minor Arterial 2) ft. 15 ft.
Major Arterial 40 f t, 20 ft.
Expressway Ramp 200 f t, 100 ft.
Collector Street
r1ajor Arterial
*Note: Minirr.um distance to be the same as that specified for approaching lane
if left turns are permitted into or out of ~lriveway.
900.34 - NonconforminG Uses.
/
!"
1. Nonconforming Buildings and Uses. Except ;,8 hereinafter provided, the
nonconforming use of any structure, building; and/or land, shall not be extended
or enlarged. Except as provided herein, the nonconforming use of a building or
structure shall be discontinued on the expirltion of a reasonable period for
37.
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amortization of Lrc buUding as sped fled in this p;Hagraph or ten (10) years after
the effective date of this Ordinance if not :;0 specffied. A reasonable amortization
period shall be forty (40) years for buildings of ordin?ry wood construction, fifty
(50) years ,for builrUngs of wood and masonry constrllction, and sixty (60) years
for buildings of fireproof conGtruct1.on. The amortization period shall begin on
the date the nonconformity began. Buildings found to be nonconforming only by
reason of height, ynrd or area requirements do not have to he discontinued following
the expi ration of an amortiza t ion period but cannot be C'nlarged except as provided
herein.
2. Nonconforming Sfgns.
a. Signs which are nonconforming uses !ihall bp discontinued following a
reasona'ole period for amortization of the sign. The period of amortization
forsig.ls shall be not more than:
Advertising signs -- three (3) years from the date the nonconformity began.
Business sf,gns -- three (3) years from the date the nonconformity began.
b. ,Business algns on the premises of H nonconforming building or lIse may
be continued, hut such signs shall not be incrPHsed in number, area, height
or ilumination. New signs not to exce~d thirty-five (35) square feet 1n
aggregate sign area may be erected only upon the complete removal of all other
signs existing at the time of the adoptton of this Ordinance. Such signs
may be illuminated, but no flashing, rvtating or moving signs shall be
pe rmi tted.
c. No sign erected before the passage of this Ordinance shall be rebuilt,
altered or removed to a new location wi thollt being brought into compliance
w1 th the req ui rements of this Ordinance.
3. Nonconformi~ts of Record. In any district in which single-family dwellings
are permitteJ, notwithstanding llmitations imposed by other provisions of this
Ordinance, a single-family dwelling and cust0mary accessory buildings may be erected
on any single lot of record on the effective date of this Ordinance provided that
it fron~s on a public right-of-way and provided, further, that the width and area
measurements are at least seventy-five pe rcent (75%) of the minimum requi rements
of this Ordinance. Yard dimensions and other requirements for the lot shall conform
to regulations for th:! district unless a variance is granted.
If two (2) or more lots or combinations of lots and portions of lots with contiguous
street frontdge In Ringle ownership are of record on the ef fective date of this
Ordinance, ;Iud if aJ 1 or part of the lots du not meet the width and area
requirements of thlg Ordlnnnce for lots In the district, the contiguous lots shall
be considered to be an undivided parcel for the purpose of this Ordinance and no
portion of sllch parcel shall h~ used or occllpfed .....h1ch does not meet lot width
and area requl rements of this Ordinance, nor shall the IY1 reel be so divided that
any remaining lot does not comply with such requirements.
4. Phasin~ (Jut of Certain Nonconforming US{~~. The following nonconforming uses
of buildings, structures or land may be continued for a period no longer than one
(l) year frO/ll the effective date of this Ordinance, or any amendment hereto which
causes the u~e to be nonconforming:
'JIJ.
.
a. Any nonconforming use 'Nith a butlrHng or structure having an assessed
valuation of Two Thousand Dollars ($2,000) or less on the effective date of
this Orolnance or amendment.
b. Any nonconforming use of land where no enclosed building is involved or
where th~ only buildings involved having an assesseri valuation of Two Thousand
Jfl)llars ($2,000) or less are accessory or incidental. to such use or where
such use is maintained in connection wi th a nonconforming building.
c. EvelY such nonconforming use shall he cornpletel~' removed from the premises
at the E.xpiration of the one (1) year period.
5. NonconforMin6 Junkyards. No jllnkyard 111.:1Y continue a~ a nonconforming use for
more than five (.J) years after the effective date of this Ordinance, except that
. a junkyard may continue as a nonconforming use in an Industrial District if, within
that period, i.t is completely enclosed within a building, fence, screen planting
or other device of such height as to screen completely the operations of the
junkyard. Plans of such a huilding or device shall be approved by the Planning
Commission ar.d the Ci ty Council before it is erected or put into place.
6. Di scont it.ua nee.
.
a. In the event tha t a nonconforminp, USA of any bui lrl1 ng or premises is
discontinued or its normal operation sto?ped for a period of one (1) year,
the use of the same shall thereafter conform to the regulations of the district
in which it is located.
b. In the event that the use of a nonconforming advertising sign structure
is discontinued or its normal operation stopped for a period of six (6) months,
said structure shall be removed by the owner or lessor at the request of the
Ci ty Council.
7. Alterations. The lawful use of a building existing at the time of the adoption
of this Ordinance may be continued, although such use does not conform with the
provisions hereof.' If tlO structural alterations are made, a nonconforming use
of a building may be changed to another nonconforming use of the same or more
restricted cllssification. The foregoing provisions shall also apply to
nonconforming uses in districts hereafter changed. Hhenever a nonconforming use
of 8 building has been changed to a more restricted use or to a conforming use,
I,,) such use shall not thereafter be changed into a less restricted use.
8. Residential Alterations. Alterations may be made to a residential building
containing nonconforming residential units wh~n they wH 1 improve the livability
of such units, provided, however, that they do not incrc;lse the number of dwelling
units in the hullcHnp,.
.
9. Restoratbn. No nrlllconfonnJl1g builc11ng ()r structure, except stngle-family
dwellings in all J(-4 District, which has been r1am;lged hy fire, cKplosion, flood,
act of God or other calami ty to the extent of mo re than f1 fty pe rcent (50%) of
its aseessedllarket vRlue shall he restored ~xcept in conformity with the
regulations of thlfl Ordinance. ^ nonconforming bul1.-1i1l~ or structure which is
damaged to a lesser degt'ee may be restored and its previous use continued or resumed
provided that restoration Is completed within one (1) year following its damage
39.
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and no enlargement occurs.
10; Normal Haintenance. Maintenance of a building or other structure containing
orusen by.a-noncomorming use will be permitted when it includes necessary, norr
structural rl.'Patrs and incidental alterations which do not extend or intensify
the nonconforming building or use. Nothlng In thls Ordinance shall prevent the
placing of a structure in safe condition when said structure is declared unsafe
by the Zoning and BullrHng AdmInistrator.
11. Issued Pennits. Nothing hereIn contaIned shall require any change in plans,
constructlon- or designated use of a building or structure for which a building
permit has been issued prior to the effective date of this Ordinance, provided,
however, that tl~ entire building shall he completed accordin3 to such plans as
filed within tw(~nty'-follr (24) months from the date of hsuance of said permit.
12. Status of Varidnces of Conditional Use Permits, If a conditional use permit
or a variance htw been granted as provided in this OrdIr.at1ce, it shall not be deemed
a nonconformity, but shall without further action bp. deemed pennitted in such
district.
13. Nonconfo rml tie:; Crea ted by Amendment. Hhen a nonconfo rmi ty 1 n a structure
or use of land or: a structure 1s created by an amemlment to this Ordinance, the
rights granted by this section to the continuance of nonconformities and to the
termination and amortization apply to such n,mconformitles existing on the date
of t~ amendment.
. 900.36 - Zoning Administration.
1. This Ordinance Gha1l be administered and enforc0d hy il Zoning and Building
Administrator who shall be appointed by the Council and serve at its discretion.
The general powers arrl duties of the Zoning and HuLl ding Administrator shall include
the following:
a. Receive and process all applications and rp.quests pertaining to the use
of land, buildings and structureEl.
b. Act as the bul lcUng official and review applications for and issue or
deny building pe nni ts and certificates of occupancy.
c. Forward applications for I/ariances, condit(onal use permits, petitions,
appeals, and plan and ordinance amendments to t:he ;,p propr 1a te of Heial bodies.
d. Inspect buHdings and land to insur~ compliance with applicable permits
and the provisions of thi s Ordinance.
e. Maintai.n permanent and current records per~alnIng to the City's land use
plan and ordindnces and appltcations, permi ts and crders pertaining thereto
inclliding, hut not limited to: builrling permi,-s. certificates of occupancy,
conclitional uses, variances, subdivisions, planned unit developments, orders,
appeals, nonconforming uses, the zoning map and plan and ordinance. amendments.
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f. Assist with the enforcement of this Ordinance.
g. Proll ide techn 1c-1l assl stance to th~ Counei J ancl the Planning Commission.
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h. Provide lnt'ornatlon and a!3s1stallce to the puhllc relative to matters
relatin3 to the land use plan and ordin2.nces.
900.38 - BuUding Permlts, Certificates of OccupancY-J Fees.
1. Building Perml ts.
a. 'No person shall erect, alter, wreck or move any building or structure
or part thereof wjthout first securing 8 build':'ng permit therefor except that
no permit shall hE- required for any alteration or repair of an existing
residential building which is nonstructural in nature and will cost less than
$1,000.00.
b. An 3pplication for a building permit shall be made to the Zoning and
Buildin~ Administrator on a form furnished by the City. All building permit
applications shall be accompanied by a si te pb n drawn to scale showing the
dimensions of the lot to be built upon and the size and location of the
builrlin~ and accessory buildings to be erected, off-street p.-:lrking and loading
facilities and suc.h other information as may b~ rleemed necessary by the Zoning
and Building Administrator to determine ccmpUiiOce with this and other land
use onlinances. No.building permit shall he issued for activlty ill conflict
wlth tl~ provisions of t.his Ordinance except activity for Hhic~ a variance
has been granted in accordance with Section 900.40(5). The ZOcdng and Building
AdministrAtor shall issue a building permit onl.y after determining that the
application and plans comply wi th t1lf~ nrovislo11s of t.his Ordinance, the State
Bui 1di ng Code and ot he r ap pl1cable laws and oni 1 nil!lCes.
c. If the work described in any buDding permit is not begun \lithin one
hundred eiF;hty (180) days or substantially completed within two,(2) years
following the date of issuance thereoL said permit shall expire and become
void. l.Jritten notice tl>ereof shall be transmi lted by the Zoning and Building
Administrator to trc permit holder, stating that activity authorized by the
expired permit shall cease unless and until a Hew bul1ding permit has been
obtainecl.
2.
Certificates of Occupancy.
a. A cp.rtificate of occupancy shall be obtained before: (1) any non-
agricultural building, except an accessory building, hereafter erected or
structurally altered is occupied or used; and (it) the use of any existing
non-agricultural building, except an accessory building, 1s altered.
b. AppHcntion for a certificate of occupancy shall he m,lde to the Zoning
and Bui lding Administrator as part of the applIcation for a building permit.
A certificate of occupancy shall be iSHucd by the Zoning anci Building
Administr:\tor following completion of the building permit acthity and a
determination by the Zoning and Building Administrator that the building and
itR proposed use <,.omplIes with thl8 Ordlllance (jnd the provIsions of any permit
issued pursuant l-ereto. To the extent practicr.ble, n certificate shall be
issued within ten (10) days after the eompletiGn of building p(Hmit activity.
The Zoning and Building Administrator may issue a temporary cer.tificate of
occupancy for lJ period not to exceed six (6) m(inths when work pursuant to
a building permit is in progress. A certificate of occupancy !'Illal! also
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cons t it'Jte a bui Idi ng code certi fica te as req ui red by Hinnesota Statutes
H6.851.
3. Fees. ,F'~es and charges for processing applicatIons shall be established by
resolution of the Council and collected by the Zoning and Builing Administrator
for deposit In the City's accounts. Fee:~ shall be established for at least the
following: 'Jul1ding permits, conditional use permits, subdivisions, zoning
amendments, variances and appeals.
900.40 - Board of Adjustments.
1. Me~shlE.. Hembers of the Ci ty Counci 1. shall se I've as the Board of Adjustments
'(the Board) required pursuant to t1innesota Statutes ~462.354, Subd. 2. Members,
shall serve '.lOtH tIle expiration of thefr tl~rm as Council members. Board members
shall serve wi tlnut compensa tion but may be pa id fo l' necessa ry expenses. St'aff
services for too Board shall be furnished bv the ZOlling and Building Administrator.
2. Board Pr?cedu!..~. The Board may adopt rules of procedure for the transaction
of its busin'?ss consistent with the provisions of this Ordinance and Hinnesota
Statutes H41)2.351 through 462.364. Three members ()f the Board shall constitute
a quorum. M/'!etings of the Board shall be held at the call of the Chairman, who
is the Mayor, and at Stich other times as au, specified in its rules. Notice of
meeting shall re posted at the City Hall and transmitted to members at least three
(3) days prior to the date of the meeting. There slla11 be a fixed place of meeting
and all meetings shall be open to the public.. A record shall be kept of the Board's
transactions) findings and determinations.
3. Powers a"1d DutIes of Board. Pursuant to :1innesota Statutes S462.357, Subd.
6, the Board shall have tre following powers:
a. To ')Car and decide appeals where it: is alleged that there is an error
in any order, requirement, decision or determir,ation made by the Zoning and
Bui1din~ Administrator in the administration of a land use ordinance.
b. To hear requests for variances from the 11 teral provisions of the Ordinance
in instances whe re the iI' str lct enfo rcement would cause undue hardship because
of circumstances unique to the individual propErty under consideration.
4. Appeal. An appeal as specified in 3(a) may be rr.ade by any person (appellant),
including a dty officer or employee, affected by action of the Zoning and Building
Administratot". An appeal may be made only following the transmission of a written
not ice of appeal which speci fies the subject and grwnds the refor. Such notice
must be received by the Zoning and Building Administrator within sixty (60) days
following tlw. issuance of the order, req.tirement, dE-cislon or detemination which
is the subjer.t of the nppeal.
5.
V ar iance..
a. A variance may he requested only by the oWl,cr of the property (petitioner)
to which the variance would apply. A variance may not be granted which would
allow the use of prope rty 1 n a manner not pe I'm! t ted wi thin the applicable
zoning l'ilstrict, provided that the Board llk'lY grant a variance f.or the temporary
use of A single-family dwelling as a two-family dwelling. In granting any
variancp., the Board may prescribe condI tlons, to insure substantial compliance
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with the Ordinance and to protect adjacent property, including without
limitation, ;In expiration date. The violation of any written CI,;mdition(s)
shall constitute a vlolation of this Ordinance. No request for a variance
may be. resubmitted sooner than six (6) months following a denial. A variance
shall become void within two (2) years following iss~~nce unless substantial
action 1-.as been taken by the petitioner in reliance thereon.
b. A variance may be granted by the Board only if it finds:
1. That the 11 te ral enfo rcement of the Ordi nance would cause undue
(unnecessary, unavoidable, extreme) hardship.
ii. That the hardship is caused by special condi tions and circumstances
which are peculiar to the land and structure involved and which are not
characteristic of or applicable to other lands or structures in the same
district.
!ii. That the literal application of the provisions of this Ordinance
would deprive the petitioner of rights enjoyed by other properties in
the Slme district under the terms of this urdinance.
iv. That the special conditions and circumstances are not a consequence
of tre petitioner's own action or inaction.
v. That the variance will not be injurious to or adversely affect the
health, safe ty or welfare of the residents of the Ci ty or the neighborhood
wherein the property is situated and will be in keeping with the spirit
and intent of the Ordinance.
6.
Procedure.
a. Hear12!& - On receipt of a request for a variance or not ice of appeal,
the Board shall set a date for a hearin!j thereon which shall occur not later
than ninety (90) days following the Ci ty' s receipt of the request or notice.
Not'less than ten (10) days before the ria te of the hearing, notice of the
hearing shall be mailed to the petitioner or appellant, be published in .the
official newspaper, and be mailed to each owner of property situated wholly
or partly wi thin three hundred fifty (350) feet of the property to which the
variance or appeal relates. Failure of a property owner to receive notice
shall not invalida te the hearing or proceedi ng.
b. Plann..!.!:!&.. Commi:;sion Comment - The Board shall make no decision on an appeal
or request for variance until the Planning CommIssion has had a reasonable
opportunity, not to exceed sixty (60) days, to review and report to the Board
upon the appeal or variance.
c. Decision - Within a reasonable time after the hearing, the Board shall
make a decision on the matter which shall he transmi tted to the appellant
or petitioner by mail. The Board shall act to dpprovc or deny the appeal
or request for a variance.
7. Authority of the Board. The Board, on arpeal, may reverse, affirm or modi~y
any order, t"l!1uirement, decision, or determination ft"om which an appeal has been
taken, provided that any decision shall be consisten<.: with this Ordinance. All
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final decisions of the Board regarding appeals or vrlriances shall be by written
order. In maki ng onters the Board shall have the pr)wen; of the administrative
official from whom the appeal is taken.
8. Form of Action. The Board shall provide for a recol'd of their proceedings
which shall include minutes of meetings, findings, ~nd the action taken on an appeal
or variance, including its final order and any conditions established in connection
therewi tho
900.42 - Condit ional URe Pe rmf ts.
1. Appl1ca t.!2.!l.
a. A condi tional use permit may be issued in 'lccol.'dance wi th this Ordinance
for only those uses or purposes for which such permits are required or.
dUthorized by this Ordinance.
b. An application for a conditional use permi t shall be filed with the Zoning
and Building A.iministrator on a form prescriberl by the City. The application
shall be accompanied hy such plans and information as may be required by the
Zoning and Building Administrator, including without limitation:
1. A site pLin draIYn at scale showing all abutting lots, existing
wildings, existing uses, utilities. curb cutu, locations of trees having
a diameter of six inches or more; and
ii. A proposed development plan showing ;Jroposed ingress and egress
to th~ property and proposed structures. yards, off-street parking and
lOaPing areas and. where appropriate. pla~s for utilitieS, sc~eening,
buffering. landscape. lighting, signs and open space, and a development
schedule.
2. Notification an,1 Public Ilcnrf\l~. On receipt of a completed application
including necessary plans and information. the Zoni~g and Building Administrator
shall schedule its review hy the Planning Coullnl.ssion. The Planning Commission
shall hold at least one 0) public hearing. At least ten (0) days in advance
of each hearing, notice of the time and place of such hearing shall be transmitted
to the applicant and shall be published in the offidal newspaper. All property
owners within three hundred fifty (350) feet shall be notified by mail of the
subject, time and place of the public hear1ng. Failure of a property owner to
receive notice shall not invalida te the he nr ing or proceedi ng.
3. RecomrnendatLon to Council. Following one or more public hearings, the Planning
Commission sll,'lll report its findings and recommendations to the Council with regard
to the application. On receipt of the report of thp. Planning Commission, the
Council shall hold '..1hatever puhlic hearings it deems advisable and shall make a
decision UpOIl the proposal to grant or deny a conditional use permit.
4.
StandA rdl:l.
a. The Planning Commission shall recommend a condttional use permit and the
Council shall order the issuance of such a pertuit only if it finds that such
use at the proposed location:
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i. Will not endanger, injure or detrimentally affect the use and
enjoyment of other property in the immediate vicinity or the public
health, safe ty, morals, comfo rt, conve ntence or gpneral welfare of the
ne13hborhood or the Ci ty;
11. Will be consistent with the comprehensive plan;
Iii. Will not impede the normal and orderly development and improvement
of surrounding vacant property;
iv. '''ill he ~erved adequately by and will not adversely affect essential
public f.acilities and services including streets, police and fire
protection, drainage, refuse di3poflal, water and sewer systems, parks
and schools; and will not, in parUcular, create trafftc congestion or
intp. rfe rence wi th traf fic on adjacen t and neighboring public '
too r.oughfa res;
v. 'HIt not involve uses, acti'Jitles, processes, materialfl, equipment
and conditions of operation that will be detrimental to any persons or
property because of excessive tr.affic, noise, smoke, fumes, glare, odors,
dust or vibrations;
vi. Will not result in the destruction, luss or damage of a natural,
scenic or historic feature of major importance.
b. Deni~l for ~oncompliance - If the Planning Commission recommends denial
of a conrlitional u~e permit or the Council orders such denial, it shall
aCCO'llpany its rt.>commendat.ions or determinations by findings or a report stating
how the proposed use does not comply wi th the atJove standards.
5.
Co nd i t 10 ns .
a. In approving a conditional use permit, the Council may impoc;e such specific
conditions with regard to the development or operation of the proposed use
as it considers necessary to satisfy the standards set forth above and
requiremp.nts contained in this Ordinance and to promote compatihility with
and minimize any potential adverse effects upon adjacent properties, the
neighborhood or the City. Such conditions may include, wi.thout limitation,
requirements relating to the following:
i. Ingress and egress to the property and proposed structllres with
particular reference to vehicle and pedestrian safety and convenience,
traffic flow and control and access in case of fire or other catastrophy;
Ii. Off-street parkinp, and loarling areas "here required and the economic,
noise, glare or odor effects of the proposed use on ncnrby property;
iii. Refuse and service areas;
iv. Utilities with reference to location, availability and compatibility;
v. Diking, fencing, screening, landscaping or other facilities to protect
adjacent OJ.' nearby prope rty;
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vi.. Si~ns. if any. .gnd proposed f'xterior lIghtlng with reference to
glare. traffic safety. econol'lltc effect and compatibility and harmony
wi '.:h properties in the district;
vi t. Requi rEed yards and other open sp:1ce;
viIi. Design and locational compatibility with adjacent properties and
other properties in the district.
ix. Expiration date.
6. Compliance and Expi ra Uon.
a. If tre prnposcd work described In :J. conditional use permit has not been
substantially completed within two (2) years after its date of issuance'. the
permit 3ha11 expire and become void except thal the Council may. following
recomme~,da t ion of the Planning Commi sslo n, ext(~nd the pe rm! t for an addi tional
period determined by the r:ouncil on tlle receipt. of a H.,'{juest for a permit
extension prior to its expiration. A conditiollal use permit allthorizes only
the use specified in the permit and shall expilc lE. for any reason. the
author1~ed use ceases for more than one (l) year.
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b. Any use permitted under the terms of a concli Uooal use permit shall be
establ1c;hed and cnnducted in conformIty with tJlC terms of such permit and
of any ~omitlons established tn connection therewith; violation of any such
condit10n shall. constitute a violation of this Ordinance.
900.44 - Amendment Procedures.
1. Authority.. The Council may from time to time hy four-fifths (4/5) vote of
the entire C0uncil adopt amendments to this Ordinance, including the zoning map.
2. Procedure.
a. Proceedings to amend this Ordinance shall unly be initiateli by the Counc11,
the Planning Commlssion or a petition of the pl'operty owner(s).
b. An application for an amendment shall be f-:led with the Zoning and Building
Administrator. Petitions by property owners requesting change in a district
boundary shall be accompanied by a map or plat showing the lands proposed
to be changed and all land within three hundrell fifty (350) feet of the
boundaries of tre property proposed for such r~zoning together with the names
and addresses of tre owners of lands in such atea.
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1. Public Heari~. ,No amendment shall be adopted unt l.l a public hearing has been
reld thereon by the Pl:tnning Commission or Council. NoLice of the time. place
and purpose of an 8J'lennment hearing shall be Ptlbl1s'led in the official newspaper
at least ten (10) days prior to the day of hearinr,. \.Jhen an <lmendment involves
changeR in one or more district houndaries affecttn(~ an area of five (5) acres
or less, notice of tt~ hearing shall be mnHed at l2ast ten (10) days hefore the
date of learing to f~ach owner of property wi thin th3 area proposed to be changed
and owners of property situated wholly or yartially within three hundred fifty
(350) feet of tre property to which the amendment relates. Any appropriate records
may be used to determine the names and addresses of such owners. and a copy of
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the notice, together with a list of the owners and addresses to which the notice
was sent, shall be attl!sted to hy the C! ty Clerk or Zoning and Ruilding
Administrator and shall be made part of the record of the proceeding. The failure
of a prope~ty owner to receive notice as sp~cified herein shall not invalidate
the public hearing or the amendment proceeding.
4. ComrilissilJn Action. Following conclusIon of the puhlic hear1ng(s) held by the
Planning Commission, the Commission shall report its findings and recommendations
on the proposed amendment to the Council and the Zoning and Building Administrator
wi thin sixty (60) dLlYs following the hearin~. I f no report or reco.nmendation is
transmitted by the Planning Commission withir. sixty (60) days fo11O'."ing referral
of the amendment to thE' Commission, the Council may take action on the amendment
wi thout awai ting Buch recommenda tion.
5. Council ActIo n. Following Planning Com'lli ssion cons ide ration or the expi ration
of its review period, the Council may hold such public hearings to consider the
amendment as it deems ndvisable. Following the conclusion of the of the hearings,
if any, the COUTlcil may adopt the amendment or any part thereof in such fom as
it deems advi.sable, reject the amendment, or refer l.t to the Planning Commission
for fur.ther considerat10n. In reviewing a proposed amendment, consideration shall
be given. to existing conditions within the area directly and indirectly affected
by the proposal, the con~ervat1on of property values, the use to which the property
affected is being devoted at the time, and relevant provisions, if any, in the
land use plan.
900.46 - Violations, Enforcement, Effect and Valid! Ly.
1. Violations and Penalties. Any person who shall violate any of the provisions
hereof or who shall fail to comply with nny of the [,rovislons herein, or any permit
or order issued pursuant hereto, 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 conv.iction thereof shall t,e punished by a fine not to
exceed Five Hundred Dollars ($500) and/or by i'llprisonment not to exceed ninety
(90) days. Each day that a violation continues shall constitute a separate offense.
2.
Enforcement.
a. The City Administrator shall conduct and supervise the enforcement of
this Ordinance wi th the assistance of the Zoning and Ruilding Administrator,
City Attorney, Police Department, and other staff. Enforcement actions to
be taken by City staff shall be authorized by the City Administrator.
b. On recommendation by the City Adminic:;trator, the City Council may authorize
the inst! tut ion of legal proceedings to restrain, correct or abate any
violation of this Ordinance.
c. Orders - Prior to the institution of legal 11roceedings, the City
Administrator may, by written order, suspend, r(~voke or modify any permit
or authodz:ttion issued pursuant to this Ordinance on information and belief
that the pennit has been issued in error or. on the basis of incorrect or
Ir1t\dcquate Information, or that the work 1s not helng performed in compliance
with this Ordinance or with the provisions of a,lY permit issued pursuant
hereto. The City Administrator, In addition, m,lY issue an order to the owner
or occupant of any premises to cease and desist the use of such premises
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immediately, 'l1hen such premises are being used in a manner creating substantial
hazl\rd to the public health, safety or .,elfare, or in violation of any permit
:Issued pursuant hereto. The City Admiaistrator shall have the power to prevent
unlawful erec tion, cons tructio n, recons truct ion, al teration, repair,
conversion, m.1intenance, or use of lands or structures within the City and
to restrain, r.orrect or ahate such violations, or to prevent the occupancy
of buildings, structures or lands, or prevent any illegal act, conduct,
business, or use on or about said premises and may utilize the City Attorney,
police and othe r pe rsonnel in accompli shing the se dut ies.
d. Any resident or owner of lands witldn the City may institute appropriate
legal a~tion to prevent, restrain or correct violations of thlprovislons
of this Ordj nance, shall relieve any pc lson from any res pons ibili ty othe rwise
imposed by law fot" damage to persons or property; nor shall the issuance of
any peroit hereunder serve to impose any liability on the City or its officers
or employees for injury or damage to p(.![sons 0 r property. A permit or other
authorization issued pursuant to this Ordinance shall not relieve the permittee
of tl~ responsibility for complying with any other requirements established
by law, regulation or ordinance.
4.Va11dity. Should any section or provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, such decision shall not
affect the validity of this Ordinance 'is a whole, or any part thereof, other
than tm part 60 declared to be invalirl. If this Ordinance or any provision
herein 1s held to be inapplicable to any person, property or work, such holding
shall not affect the applicability hereof to any other persons, property or
wo rk.
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~Sect1on 902 - Floodplain Management Ordinance
902.00 - Statutory Authorization. Pursuant to the National Flood Insurance Act
of 1968, the legislature of the State of Minnesota has in Minnesota Statutes 1969,
Chapters 104 and 462, delegated the responsibility to local goverrunental units to adopt
regulations designed to m1n~1ze flood losses. Therefore, the City Council of the City
of Elk River, Minnesota, does ordain as follows:
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902.02 - Findings of Fact.
1. Flood Hazard Area Losses. The flood hazard areas of the City of Elk River,
Minnesota, are subject to periodic inundation which may result in 1086 of life,
108s of property, health and safety hazards, disruption or 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.
2. Methods Used to Analyze Flood Hazar~. This ordinance is based upon a
reasonable method of analyzing flood hazards which is consistent with the standards
established by the Minnesota Department of Natural Resources.
902.04 - Statement of Purpose. It is the purpose of this ordinance to promote
the public health, safety and general welfare and to minimize those losses described
in Section 902.02(1) by provisions contained herein.
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902.06 - Abrogation and Greater Restrictions. It is not intended by this ordinance
to repeal, abrogate or impair any existing easements, covenants, deed restrictions,
or ordinances. However, where this ordinance imposes greater restrictions, the
provisions of this ordinance shall prevail.
902.08 - Interpretation. In their interpretation and application, the provisions
of this ordinance shall be held to be minimum requirements and shall be liberally
construed in favor of the governing body. They shall not be deemed a limitation or
repeal of any other powers granted by laws or regulations of the State of Minnesota
or local ordinances.
902.10 - Warning and Disclaimer of Liability. This ordinance does not Imply that
areas outside the floodplain districts or land uses permitted within such districts
will be free from flooding or flood damages. This ordinance 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 ordinance or any administrative decision lawfully made
thereunder.
902.12 - Separability. Every section, provision or part of this ordinance is
declared separable from every other section, provision or part; and if any section,
provision or part thereof shall be held invalid, it shall not affect any other section,
provision or part.
902.14 - Definitions. Unless specifically defined below, words or phrases used
in this ordinance shall be interpreted so as to give them the same meaning as they have
~ in common usage and so as to give this ordinance its most reasonable application.
1. "Accessory Use or Structure" shall mean a use or structure on the same lot
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with, and of a nature customarily incidental and subordinate to, the principal
use or structure.
2. "City" shall mean the City of Elk River, Sherburne County, Minnesota.
3. "Equal Degree of Encroachment" shall mean a method of determining the location
of encroachment lines so that the hydraulic capacity of floodplain lands on each
side of a stream is reduced by an equal amount when calculating the increases in
flood stages due to fioodplain encroachments.
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4. "Flood" shall mean a temporary rise in stream flow or stage that results in
inundation of the areas adjacent to the channel.
5. "Flood Frequency" shall mean the average frequency, statistically determined,
for which it is expected that a specific flood stage or discharge may be equalled
or exceeded.
6. "Flood Fringe" shall mean that portion of the flood plain outside of the
floodway.
7. "Floodplain" shall mean the areas adjoining a watercourse r.rhlch have been or
hereafter may be covered by the regional flood.
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8. "Floodproofing" shall mean a combination of structural prOVisions, changes,
or adjustments to properties and structures subject to flooding, primarily for
the reduction or elimination of flood damages to properties, water and sanitary
facilities, structures, and contents of buildings in flood hazard areas.
9. "Floodway" shall mean the channel of the wa tercourse and those portions of
the adjoining floodplains which are reasonably required to carry and discharge
the regional flood.
10. "Obstruction" shall mean any dam, wall, wharf, embankment, levee, dike. pile,
abutment, projection. excavation, channel rectificat:lon, culvert, building, wire,
fence, stockpile, refuse, fill, structure, or matter in, along, across, or
projecting into any channel, watercourse, or regulatory flood hazard area which
may impede, retard, or change the direction of the flow of water, either in itself
or by catching or collecting debris carried by such water, or that is placed where
the flow of water might carry the same downstream to the damage of life or property.
11. "Reach" shall mean the hydraulic engineering term used to describe a
longitudinal segment of a stream or river influenced by a natural or manmade
obstruction. In an urban area, the segment of a stream or river between two
consecutive bridge crossings would most typically constitute a reach.
12. "Regional Flood" shall mean a flood which is representative of large floods
known to have occurred generally in Minnesota and reasonably characteristic of
what can be expected to occur on an average frequency in the magnitude of the 100-
year recurrence interval.
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13. "Regulatory Flood Protection Elevation" shall mean a point not less than one
foot above the water surface profile associated with the regional flood plus any
increases in flood stages attributable to encroachments on the floodplain. It
is the elevation to which uses regulated by this ordinance are required to be
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elevated or floodproofed.
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14. "Structure" shall mean anything constructed or erected on the ground or
attached to the ground, including, but not limited to, buildings, factories, sheds,
cabins, mobile homes, and other similar items.
902.16 - General Provisions.
1. Lands to Which Orainance Applies. Th1.s ordinance shall apply to all lands
within the jurisdiction Of the City shown on the Official Flood Protection Maps
as being located within the boundaries of the Floodway and Flood Fringe Districts
and by the Flood Insurance Study for the City of Elk River as an tlnnumbered A Zone.
2. Official Flood Protection Maps. The following maps and studies are hereby
adopted by reference as the official maps for the establishment of floodplain areas
within the City and are hereby made a part of this ordinance as if fully set out
herein. At least one copy of each official map shall be kept on file in the office
of the Clerk-Administrator and shall be available for public review during all
normal office hours.
a. The Flood Boundary and Floodway, City of Elk River, Minnesota. and Flood
Insurance Rate Maps, City of Elk River, Minnesota, dated May 2, 1977, prepared
by the Federal Insurance Administration.
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b. Specifically included in the above is the explanatory material, water
surface profiles and tabular information contained in the Federal Insurance
Administration Flood Insurance Study for City of Elk River, !{innesota, dated
May 2, 1977.
3. Rules for Interpretation of District Boundat'ie~. The flood hazard boundaries
shall be determined by scaling distances on the Federal Insurance Administration
Flood Boundary and Floodway Maps and with reference to the mate~ials contained
in the Federal Insurance Administration Flood Insurance Study .for the City of Elk
River. Where interpretation is needed as to the exact location of the boundaries
of a Floodway or Flood Fringe District, for example, where there appears to be
a conflict between a mapped boundary and actual field conditions, the City Council
shall make the necessary interpretation based on elevations on the applicable water
surface profile. Any person who wishes to contest the location of a Floodway or
Flood Fringe District boundary shall be gi.ven a reasonable opportunity to present
his case to the City Council serving as the Board of Adjustment and to submit
technical evidence if he so desires.
4. Compliance. No 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 ordinance and other applicable regulations which
apply to uses within the jurisdiction of this ordinance.
902.18 - Establishment of Zoning Dist~~.
.
1. The Zoning Districts as designated on the Zoning Map of the City of Elk River
shall remain unchanged with the adoption of this ordinance. TI\e provisions of
this ordinance, including the designation of floodplain areas, shall be in addition
to all other provisions of the Zoning Ordinance of the City of Elk River. Whenever
conflicts occur between other provisions of the Zoning Ordinance and provisions
3.
of this ordinance, the most restrictive provisions shall apply.
.
2. The floodplain areas within the jurisdiction of this ordinance are hereby
divided into two districts: Floodway Districts (FW) and Flood Fringe Districts
(FF). The boundaries of these districts are shown on the Federal Insurance
Administration Flood Boundary and Flood\Jay t~pS, City of Elk River, Minnesota,
dated May 2, 1977.
3. Permit applications .for uses located in areas desi;1;nated as unnumbered A Zones
by the Flood Insurance Study for the City of Elk River shall be evaluated in
accordance with procedures set forth in Section 902.30 hereof. Based on this
evaluation, the area in question shall he assigned to the Flood'"ray District or
the Flood Fringe District as appropriat.e) and a ry flood protection
elevation shall be determined.
902.20 - Floodway District (FW). The Floodway District is established for areas
of the floodplain which, because of their location in relation to the watarcourse and
channel during flood stage, must be kept relatively free of obstructions to properly
discharge flood waters without creating additional floodi.ng or delaying flood discharge.
.
1. Permitted Uses. The following uses have a low flood damage potential and do
not obstruct flood flows. These uses shall be permitted within the Floodway
District to the extent that they are not prohibited by any other ordinance and
provided all permits or authorizations are received as ma.~1 be required b)' other
City ordinances or regulations of other governmental agencies having jurisdiction.
In addition, no use shall adversely affect the efficiency or unduly restrict the
capacity of the channels or floodways of any tributar.ies to the main streamt
drainage ditches, or any other drainage facilities or systema~ and no use shall
adversely affect the quality or quantity of ground water runoff or the quality
of the natural environment.
a. Agricultural uses such as general farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry, sod farming, and wild crop
harvesting.
b. Private and public recreational uses auch as golf courses, tennia courts,
driving ranges, archery ranges, pic:.n1.c grounds, boat launching ramps, swimm.ing
areas, parks, wildlife and nature preserves, gmne farms) fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges, hunting and fishing
areas, hiking and horseback riding trails.
c. Residential uses such as lawns, gardetlS, parking areas and play areaa.
2. Conditional Uses. The following open space \.lses which require only accessory
structures (temporary or permanent) or fill or stor:age of materials or equipment
may be permitted in the Floodway District only upon application to the Zoning
Building Administrator and the issuance of a conditional use permit by the City
Council as provided in Section 902.30 of this ordinance. These uses are also
subject to the provisions of Sect:lon 902.20(3) T,.rhich Q,pplies to allfloodway
conditional uses.
.
a. Circuses, carnivals, and similar transLent amusement enterprises.
b. Extraction of sand, gravel, alId other ,nater:l.als.
4.
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c. Marinast boat rentals, docks, pierst wharvest and water control structures.
d. Railroads, streetst bridges, utility transmission lines, and pipelines.
e. Storage yards for equipmentt machinerYt or materials.
f. Kennels and stables.
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g. Other uses similar in nature to uses described in Section 902.20(1) which
are consistent with the provisions set forth in Sections 902.04 and 902.20
of this ordinance.
3. Standards for Ploodway Conditional Uses.
a. All Uses - No structure (temporary or permanent), fill (including fill
for roads and levees), deposit, obstruction, storage of materials or equipment.
or other-use may be allowed as a conditional use which, acting alone or in
combination with existing or anticipated future usest unduly affects the
capacity of the floodway or unduly increases flood heights. Consideration
of the effects of a proposed use shall be based on the reasonable assumption
that there will be an equal degree of encroachment extending for a significant
reach on both sides of the stresm.
b.
Fill -
.
i. Any fill proposed to be deposited in the floodway must be shown to
have some beneficial purpose and the amount thereof must not exceed that
necessary to achieve the intended purpose, as demonstrated by a plan
submitted by the owner showing the uses to which the filled land will
be put and the final dimensions of the proposed fill or other materials.
ii. Such fill or other materials will be protected against erosion by
riprap, vegetative covert or bulkheadiug.
c. Accessory Structures (temporary or permanent) Permitted as Conditional
Uses by Section 902.20(2) -
i. Accessory structures shall not be designed for human habitation.
ii. Accessory structures shall have a low flood damage potential.
iii. Accessory structurest if permitted, shall be constructed and placed
on the building site so as to be removed prior to flooding. Whenever
possible, structures shall be constructed with the longitudinal axis
parallel to the direction of flood flow, and so far as practicable,
structures shall be placed approximately on the same flood flow lines
as those of adjoining structures. .
iv. Accessory structures shall be floodproofed in a.ccordance with the
State Building Code.
.
d. Storage of Materials and Equ1.pment -
5.
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i. The storage or processing of materials that are in time of flooding
buoyant, flammable, explosive, or could be injurious to human, animal,
or plant life is prohibited.
ii. Storage of other material or equipment may be allowed as a
conditional use if not subject to major damage by floods and firmly
anchored to prevent flotation or readily removable from the area within
the time available after flood warning.
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e. Garbage and Solid Waste Disposal -
i. No conditional use permits for new garbage and waste disposal sites
shall be issued for floodway areas.
11. No conditional use permits shall be issued for expansions,
alterations or enlargements of existing garbage and waste disposal sites
which further encroach upon the floodway.
f. Structural Works for Flood Control - Structural works for flood control
such as dams, levees, dikes, and floodwalls shall be allowed only upon issuance
of a conditional use permit. In addition, any proposed work in the beds of
public waters which will change the course. current, or cross-section of the
waters shall be subject to the provisions of Minnesota Statutes 1969, Chapter
lOS, and other applicable statutes, regulations and ordinances.
902.22 - Flood Fringe District (FF). The Flood Fringe District is established
. for areas of the floodplain not a part of the watercourse or channel which would not
distract from the discharge of a flood, but are subject to backwaters and inundation
during flood stage. Limited development may be permitted in this district provided
the development is protected from the flood watars.
1. Permitted Uses. The following uses have a low flood damage potential and do
not obstruct flood flows. These uses shall be permitted within the Flood Fringe
District to the extent they are not prol1ibited by any other ordinance and provided
all permits or authorizations are received as may be required by other City
ordinances or regulations of other governmental agencies having jurisdiction.
In addition, no use shall adversely affect the capacity of the channels or floodways
of any tributary.
a. Any use permitted in Section 902.20(1).
b. Residences and other structures constructed on fill so that the basement
floor, or first floor if there is no basement, is above the regulatory flood
protection elevation. The finished fill elevation shall be no lower than
the regulatory flood protection elevation and shall extend at such elevation
at least fifteen (15) feet beyond the limits of any structure or building
erecte~ thereon. Fill shall be compacted and the slopes shall be protected
by riprap or vegetative covering.
.
No use shall be permitted which will adversely affect the efficiency or unduly
restrict the capacity of the channels or floodways of any tributaries to the main
stream, drainage ditches, or any other drainage facilities or systems.
2. Conditional Uses. Other uses are permitted only upon application to the Zoning
6.
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and Building Administrator and the issuance of a conditional use permit by the
City Council as provided in S'ections 902.30-902.34 of this ordinance and subject
to the following provisions:
a. Residences ~ Where existing streets. utilities. and sm~l lot sizes
preclude the use of fill. other methods of elevating the first floor (including
basements) above the regulatory flood protection elevation may be authorized.
Residences that do not have access at or above an elevation not more than
one foot below tue ,regulatory flood protection elevation shall not be permitted
unless granted a variance by the Board of Adjustment In granting a variance,
the Board shall specify limitations on period of use or occupancy of the
residence.
b. Residential Basements - Upon the granting of a waiver by the Federal
Insurance Administration to the City or to the State of Minnesota. residential
basements below the regulatory flood protection elevation may be authorized
only if they are floodproofed to FP-l classification in accordance with the
State Building Code. No floor or portion of a residence below the regulatory
flood protection elevation may be used for hmnan occupancy.
.
c. Other Structures - Commercial, manufacturing and industrial structures
shall ordinarily be elevated on fill so that their first floor (including
basement) is above the regulatory flood protection elevation but may 1n special
circumstances be floodproofed in accordance with the State Building Code.
Any space in such structure that is not elevated to above the regulatory flood
protection elevation shall be floodproofed to FP-l or FP-2 classification
in accordance with the State Building Code. Spaces floodproofed to FP-3 or
FP-4 classifications shall not be permitted prior to changes in Federal
Insurance Administration regulations that would allow such uses.
3.
Standards For Flood Fringe Conditional U8e~.
a. Commercial Uses - Accessory land uses. such as yards, railroad tracks,
and parking lots may be at elevations lower than the flood protection
elevation. However, a permit for such facilities to be used by the general
public shall not be granted, in the absence of an adequate local flood warning
system, if the area is inundated to a depth greater than two feet or subjected
to flood velocities greater than four feet per second upon the occurrence
of the regional flood.
b. Manufacturing and Industrial Uses - Measures shall be taken to ~n1mize
interference with normal plant operations especially for streams having
protracted flood durations. Certain accessory land uses such as yards and
parking lots may be at lower elevations subject to the requirements set forth
in Section 902.22(3)(a) above. In reviewing permit applications, the City
shall give due consideration to needs of industries whose business requires
that they be located in floodplain areas.
.
c. Utilities, Railroad Tracks. Streets and Bridges - Public utility
facilities, roads, railroad tracks, and bridges within the floodplain shall
be designed to minimize increases in flood elevations and shall be compatible
with local comprehensive floodplain development plans. Protection to the
regulatory flood protection elevation shall be provided where failure or
interruption of these public facilities would result in danger to the public
7.
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health or safety or where such facilities are essential to the orderly
functioning of the area. Where failure or interruption of service would not
endanger life or health, a lesser degree of protection may be provided for
minor or auxiliary roads, railroads, or utilities.
d. Waste Treatment and Waste Disposal -
i. No new construction, addition, or modification to existing waste
treatment facilities shall be permitted within the floodplain unless
emergency plans and procedures for action to be taken in the event of
flooding are prepared, filed with and approved by the Minnesota Pollution
Control Agency. The emergency plans and procedures must provide for
measures to prevent introduction of any pollutant or toxic material into
the flood waters.
ii. There shall be no disposal of garbage or solid waste materials within
floodplain areas except upon issuance of a conditional use permit for
sites approved by the Minnesota Pollution Control Agency and subject
to the requirements of Section 902.20(3)(8).
e. Flood Control Works - Flood control works shall be subject to the
provisions of Section 902.20C])(f) and the following provisions:
.
i. The minimum height and structural design of any dikes, levees,
floodwalls, or similar structural works shall be ~~8ed upon the flood
profile of the regional flood confined between the structures subject
to the following: for urban areas the minimum height and design of
structural works shall be at least three feet above the elevation of
the regional flood, as confined by the structures. or at the elevation
of the standard project flood, whichever is greater.
ii. Flood protection elevations and floodway limits which reflect
proposed measures for flood control shall not be effective until such
measures are constructed and operative unless the proposed measures will
increase flood heights, in which event, the regulatory flood protection
elevations and flood plain limits shall reflect the anticipated increases.
iii. Detailed plans shall be submitted to the Planning Commission and
City Council for any new developments placed on the floodplain landward
from dikes, floodwalls, and similar structures. The plans must provide
for ponding areas or other measures to protect against flooding from
interior drainage.
902.24 - Subdivisions. No land shall be subdivided which is held unsuitable by
the City for reason of flooding, inadequate drainage or inadequate water supply or sewage
treatment facilities. All lots contained within the floodplain districts shall contain
a building site at or above the regulatory flood protection elevation. All subdivisions
shall have access and water and sewage disposal facilities that comply with the
provisions of this ordinance. In all areas designated as unnumbered A Zones in the
Flood Insurance Study for the City, subdividers shall provide the infbrmation required
in Section 902.30, and the subdivision shall be evaluated in accordance with procedures
.establiShed therein.
902.26 - Public Utilities. All public utilities and facilities such as gas.
8.
electrical, sewer, and water supply systems to De located in the floodplain districts
.hall be designed and constructed in a manner to minimize or eliminate flood damage.
ewer and water supply systems shall be designed to minimize infiltration by flood
waters.
902.28 - Mobile Homes and Mobile Home Parks.
1. New mobile home parks and expansions to existing mobile home parks shall be
subject to the restrictions placed on subdivisions by Section 902.24 of this
ordinance.
2. A mobile home on a permanent site in an existing mobile home park may be
replaced if the site is located in a Flood Fringe District. Replacement of mobile
homes that lie below the regulatory flood protection elevation shall be anchored
by tiedowns that comply with the requirements of Minnesota Statutes, Chapter 327.32.
902.30 - Conditional Use Permit Review.
.
1. General Provisions. Applications for conditional use permits shall be reviewed
by the Planning Commission and the City Council in the same manner and according
to the same procedures as other conditional use permit applications received under
the Zoning Ordinance of the City of Elk River. No conditional use permit shall
be issued unless the applicant, in support of his application, shall submit
certified engineering data, surveys, site plans, flowage calculations, and other
information as the City may require in order to determine the effects of such
development on the affected land and water areas, including, without limitation.
the following:
a. Plans in triplicate drawn to scale showing the nature, location,
dimensions, and elevation of the lot, existing or proposed structures. fill,
storage of materials, floodproofing measures. and the relationship of the
foregoing to the location of the channel.
b. A typical valley cross-section showing the channel of the stream, elevation
of land areas adjoining each side of the channel, cross-sectional areas to
be occupied by the proposed development and high water information.
c. Surface view plans showing elevations or contours of the ground; pertinent
structure, fill or storage elevations; size, location and spatial arrangement
of all proposed and existing structures on the site; location and elevation
of streets, water supply and sanitary facilities.
d. Profile showing the slope of the bottom of the channel or flow line of
the stream.
e. Specifications for building construction and materials, floodproofing,
filling, dredging, grading, channel improvement, storage of materials, water
supply and sanitary facilities.
.
2. Notice to State. Upon filing of an application for a conditional use permit,
the Zoning and Building Administrator shall submit to the Commissioner of Natural
Resources a copy of the application for the proposed conditional use sufficiently
in advance so that the Commissioner will receive at least ten (10) days' notice
of the hearing. A copy of all decisions granting conditional use permits shall
:
9.
.
be forwarded to the Commissioner of Natural Resources within ten (10) days of such
action.
3. Conditions of Approval. In granting a conditional use permit, the City may
prescribe appropriate conditions and safeguards which are in conformity with the
purposes of this ordinance. Violations of conditions and safeguards which are
made a part of the terms under which the conditional use permit is granted shall
be deemed a violation of this ordinance punishable as provided herein.
I
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4. Engineering Review. 'The City Engineer or other designated expert shall review
applications for conditional use permits and shall evaluate the proposed use in
terms of relation to flood heights and velocities, flood damage potential, adequacy
of the plans for flood protection, and other technical matters. The City Engineer
shall also review permit applications for \l.ses within the unnumbered A Zones and,
consistent with state statutes and regulations, shall determine whether a proposed
use 1s in the Floodway or Flood Fringe District and shall determine the regulatory
flood protection elevation.
s. Factors Upon Which the Decision of the City Shall Be Based. In passing upon
conditional use permit applications, the City shall consider all relevant factors
specified in other sections of this ordinance, and:
a. The danger to life and property due to increased flood heights or
velocities caused by encroachments.
.
b. The danger that materials may be swept onto other lands or downstream
to the injury of others.
c. The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamlnation, and unsanitary conditions.
d. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
e. The importance of the services provided by the proposed facility to the
community.
f. The requirements of the facility for a waterfront location.
g. The availability of alternative locations not subject to flooding for
the proposed use.
h. The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
i. The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area.
j. The safety of access to the property in times of flood for ordinary and
emergency vehicles.
.
k. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site.
10.
1. Such other factors which are relevant to the purposes of this ordinance.
~ 902.32 - City Determination. Based upon the technical evaluation of the City
Engineer or other designated engineer or expert. and based upon the factors listed above.
the City shall determine whether the proposed use is in the Floodway or Flood Fringe
District and the regulatory flood protection elevation at the site.
902.34 - Conditions Attached to Conditional Use Permits. Upon consideration of
the factors listed above and .the purposes of this o-;dinance; the City may attach such
conditions to the granting of' conditional use penults as it deems necessary to fulfill
the purposes of this ordinance. Such conditions may include. but are not limited to.
the following:
1. Modification of waste disposal and water supply facilities.
2. Limitations on period of use. occupancy and operation.
3. Imposition of operational controls. sureties, and deed restrictions.
4. Requirements for construction of channel modifications, dikes. levees. and
other protective measures.
.
5. Floodproofing measures. in accordance with the State Building Code. The
applicant shall submit a plan or document certified by a registered professional
engineer or architect that the floodproofing measures are consistent with the
regulatory flood protection elevation and associ.ated flood factors for the
particular area.
902.36 - Administration. The Zoning and Building Administrator of the City shall
administer and enforce this ordinance. If he finds a violation of the provislons of
this ordinance, he shall notify the person re.spons1.ble for sllch violation, indicating
the nature of the violation and ordering the action D~ce3sary to correct it.
902.38 - Permits Required.
1. Use Permits. A use permit issued by the Zoni.ng and Building Administrator
in conformity with the provisions of this ordinance sr~ll be secured prior to the
erection. addition. or alteration of any building, structure, or portion thereof;
prior to the use or change of use of a building, structure, or land; prior to the
change or extension of a nonconforming use; and prior to the placement of fill
or excavation of materials within the floodplain. Where required by this ordinance
or any other Zoning Ordinance provisions, such use permit may require prior review
and approval by the Planning Commission and City Council.
Permit applications shall be made to the Zoning and Building Administrator on forms
provided by him and shall include all information required by this ordinance. other
Zoning Ordinance provisions, and/or any other information required by the Zoning
and Building Administrator. City Engineer, Planning Commission or Council.
.
2. State and Federal Permits.
application for a conditional
Administrator shall determine
and federal permits.
Prior to granting a use permit or processing an
use permit or variance. the Zoning and Building
that the applicant has obtained all necessary state
..
11.
902.40 - Effect of Permit A roval Under Othe~!rovisions of the Zoning Ordinance.
.The granting 0 any permit un er other provislolls of the Zoning Ordinance shall not
mply the approval of any work or use of land or watar within the Floodway or Flood
Fringe Districts. Where specifically required by this ordinance, such approval may
be expressly given in conjunction with other permits applied for, but no approval. shall
be implied from the grant of such permits nor froiu the necessity to apply for a permit
as described herein.
902.42 - Effect of Permit Approval Under This QEdina~. The granting of a permit
under the provisions of this ordinance shall in no way affect the owner's responsibility
to obtain the approval required by any other statute, ordinance or regulation of any
state agency or subdivision thereof.
902.44 - Certificate of Zoning Compllanc~"for New or Altere~.~. It shall be
unlawful to use, occupy, or permit the use or occupancy of any building or premises,
or both, or part thereof hereafter created, erected, changed, converted, or wholly or
partly altered or enlarged in its use or structure until a certificate of zoning
compliance shall have been issued therefor by the Zon.ing and Building Administrator
stating that the use of the building or land conforms to the requirements of this
ordinance. Where a nonconforming use or structure is extended or substantially altered,
the certificate of zoning compliance shall specifically state the manner in which the
nonconforming structure or use differs from the provisions of this ordinance.
902.46 - Construction and Use to Be as Provided in Approved Plans and Applications.
Use permits, conditional use permits, or certificates of zoning compliance issued on
the basis of approved plans and applications authorize only the use, arrangement, and
.construction set forth in such approved plans and applications, and no other use,
arrangement, or construction. Any use, arrangelnentt or construction at variance with
that authorized shall be deemed a violation of tllis ordinance and punishable as provided
herein. The applicant may be required to submit certification by a registered
professional engineer, registered architect, or re.gistered land surveyor that the
finished fill and building elevations were accomplished in compliance with the provisions
of this ordinance. Floodproofing measures, where permitted, shall be certified by a
registered professional engineer or registered architect.
902.48 - Record of First Floor Elevation. The Zoning and Building Administrator
shall maintain a record of the elevation of the first floor (including basement) of
all new structures or additions to existing structures in the floodplain districts.
He shall also maintain a record of the elevations to which structures or additloas to
structures are floodproofed.
902.50 - Board of Adjustment.
1. The City Council, which serves as the Board of Adjustment under the Zoning
Ordinance of the City of Elk River pursuant to Section 900.40 of this Code, shall
be the Board of Adjustment under this ordinance with the following powers and
duties:
a. To bear and decide appeals where it is alleged that there 1s an error
in any order, requirement, decision, or determination made by the Zoning and
Building Administrator in the administration of this ordinance.
.
b. To hear and decide requests for variances from the provisions of this
ordinance pursuant to the standards set forth in Section 902.52 hereof.
12.
.
In exercising the foregoing powers and duties, the Council shall follow the
procedures. rules and regulations established in Section 900.40 of this Code.
902.52 - Variances. The City Council. serving as the Board or Adjustment under
this ordinance. shall hear and decide applications for variances from the provisions
of this ordinance. Such variances may be granted only where the Council finds that
by reason of special conditione or exceptional circumstances, the literal application
or enforcement of this ordinance would cause unnecesl3:3.ry ha.rdship, and the relief granted
would not be contrary to the public interest but would do substantial justice and be
in accordance with the spirit of this ordinance. No variance shall allow in any
floodplain district uses prohibited in that district, nor shall any variance pel'1'l\it
a lesser degree of flood protection than the regulatory flood protection elevation for
the particular area or pel'1'l\it a lesser degree of flood protection than required by state
law and regulations.
1. No variance shall be granted which the Council determines will or has a tendency
to:
a. Increase the height or duration of flood waters.
b. Result in the placement of an artificial obstruction which will restrict
the passage of flood waters in such a manner as to increase the height of
flooding.
.
c. Result in incompatible land uses or uses which would be detrimental to
the protection of surface and ground water.
d. Increase the financial burdens imposed on the community land area. within
the City.
e. Be not in keeping with land use plans and planning objectives for the
City or which will increase or cause danger to life or property.
f. Be inconsistent with the objectives of encouraging land uses compatible
with the preservation of the natural land forms. vegetation and the m.a.rshes
and wetlands within the City.
g. Include development of land and water areas essential to continue the.
temporary withholding of rapid runoff of surface water which presently
contributes to downstream flooding or water pollution or for bad and water
areas which provide ground water infiltration which diminishes the land area
necessary to carry increased flows or storm water following a period of heavy
precipitation.
2. Notice to State. Notice of all applicatif)l1s for varla,1ces from the provisions
of this ordinance shall be sent to the Co~nisgion~r of ~atural Resources in the
same manner as prescribed herein for notices of conditional use pemit applications.
.
3. Review Process, Relevant Facto~~ond~tio~s of~P2~O~l. Applications
for a variance to this ordinance shall be reviewed by the Planning Commission and
City Council in the same manner and according to the same procedures as other
variance applications received under the Zoning Ordinance of the City of Elk River.
Engineering review shall be conducted in the same manner as provided herein for
13.
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conditional use permit applications, and in granting a variance, the City Council
may prescribe appropriate conditions and safeguards which are in conformity with
the purposes of this ordinance. Violations of such conditions and safeguards,
when made a part of the terms under which the varLince is granted, sh'1l1 be deemed
a violation of this ordinance punishable as provided herain.
902.54 _ ~onconforming Uses. A structure or the use of a structure or premises
w~ich was lawful before the passage or amendment of this ordinance but which is not
in conformity with the provisions of this ordinance may be continued subject to the
following conditions: '
1. No such use shall be expanded, changed, enlarged, or alt~red in a way which
increases its nonconformity.
2. No structural alteration or addition to any nonconforming structure over the
life of the structure shall exceed fifty percent (50%) of its value at the time
of its becoming a nonconforming use unless the structure is permanently changed
to a conforming use.
3. Any alteration or addition to any nonconforming use ~hich would result in a
substantial increase in its flood damage potential shall be protected in accordance
with the provisions of this ordinance.
.
4. If such use is discontinued for twelve (12) consecutive months, any future
use of the building premises shall conform to this ordinance. The Zoning and
Building Administrator shall be responsible for recording in writing instances
of nonconforming uses which have been discontinued for a period of twelve (12)
months and shall also be responsible for providing written notification of the
same to the appropriate party.
5. If any nonconforming use is destroyed by ailY means, including floods, to an
extent of fifty percent (50%) or more of its assessed value, it shall not be
reconstructed except in conformity with the provisions or t'lis ordinance.
6. Uses or adjuncts thereof which are or bec.ome nuisances shall not be entitled
to continue as nonconforming uses.
7. Any use which haa been permitted as a conditional use 9(';:111 not be considered
as a nonconforming use.
8. Nonconforming uses located in the Floodway District shall be eliminated or
brought into conformity with the standards contained in this ordinance within a
reasonable period of time as determined by the City Council, after a hearing for
each such nonconforming use. The City Council shall make its determination upon
the basis of the normal useful life of any improvement upon the premises. In
addition, the monetary value of any competitive advantage derived from the operation
of such nonconforming use, by reason of the limitation on establishment of competing
businesses as a result of this ordinance, shall be considered as a reduction of
losses resulting from the requirement of termination of the use under this
ordinance.
.
902.56 _ Penalties for Violation - Violation of the provisions of this ordinance
or failure to comply with any of its requirements (including violations of conditions
and safeguards established in connection with grants of variances or conditional uses)
14.
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shall constitute a misdemeanor. Any person who violates this ordinance or fails to
.complY with any of its requirements shall upon conviction thereof be fined not more
than Five Hundred Dollars ($500) or imprisoned for not more than ninety (90) days, or
both, and in addition shall pay all costs and expenses involved in the case. Each day
such violation continues shall be considered a separate offense. Nothing herein
contained, including the imposition of a crilninal penalty, shall constitute a waiver
of the right of the City or others to secure abatement of violations by injunction or
other civil legal remedy. .
.
902.58 - Amendments. The floodplain designation on the official maps described
in this ordinance shall not be removed from floodplain areas unless it can be shown
that the designation is in error. Special exceptions to this rule may be permitted
by the Commissioner of Natural Resources if he determines that, through other measures,
lands are adequately protected for the intended use.
All amendments to this ordinance including amendments to the official maps herein
described must be submitted to and approved by the Commissioner of ~;atural Resources
prior to adoption. Changes in the official maps also require prior approval by the
Federal Insurance Administration.
Section 904 - Shoreland and Wild and Scenic River Ma!:a~eTIl~nt .Ord.inanc~_
904.00 - Purpose and Authorization. The purpose of this ordinance is to regulate
development within shoreland areas and within the l1ississippi Wild. Scenic and
Recreational River System as required by Minnesota Statutes, Sections 104.31-104.40,
105.485, and 462.351-462.364.
.
904.02 - Scope and Interpretation.
1. The provisions of this ordinance shall apply wi thin :uunicipal shoreland areas
as defined by Minnesota Regulations NR S2(d) and within the designated Recreational
. River Land Use District of the Mississippi \>1ild, Scenic and Recreational River
System in accordance with the property descriptions of Minnesota Regulations NR
2400.
2. The provisions of this ordinance shall be interpreted to be minimum
requirements. The provisions of any other ordinance which impose greater
restrictions or provisions not addressed by this ordinance shall apply within the
lands controlled by this ordinance.
904.04 - General Provisions. All applicable ~inimum standards set forth in
Minnesota Regulations NR 82-~NR 2420 C.6., and ~~ 2420 C.8. are hereby adopted by
reference and made a part hereof as fully as if set forth herein. Copies of these
regulations shall be kept on file in the office of the Clerk-Administrator.
904.06 - Shoreland Classifications.
.
1. The following lakes are hereby classified "Natural Environment" (NE) in
accordance with Minnesota Regulations NR 82(f): ~win Lake; Kliever Marsh (located
in Sections 1 & 2, T 32N, R 26W); Eagle Lake; Rice Lake; Unnamed Lake (located
in Section 2. T 33N. R 26W); Unnamed Lake (located in Section 12, T 33N, R 26W);
Unnamed Lake (located in Sections 12 & 13, T 33N, R 26W); Unnamed Lake (located
in SE 1/4 of Section 23, T 33N, R 26W); Unnamed Lake (located in SW 1/4 of Section
23, T 33N, R 26W); Unnamed Lake (located in Sections 16 and 17. T 33N, R 26W);
15.
..
.
Unnamed Lake (located in Sections 34 & 35, T 33N, R 26W); and Unnamed Lake (located
in Section 25, T 33N, R 26W).
2. The following lakes and streams are hereby classified "General Development"
(GO) in accordance with Minnesota Regulations NR (f): Orono Lake; Trott Brook;
Unnamed Creek (located in Sections 17, 20, 29 & 32, T 33N, R 26W); Elk River; and
the Mississippi River (except that marinas are not allowed and the building setback
requirement shall be ~OO feet).
904.08 - Uses. The uses 'allowed within municipal shoreland areas and the
Recreational River Land Use District of the Mississippi \Hld, Scenic 'lud Recreational
River System shall be those prescribed by the Zoning Ordinance of ttH:: City of Elk River
and any other ordinance controlling the use of land wlthin these areas.
904.10 - Sanitary Facilities.
1. All minimum standards of the Minnesota Pollution Control Agency relating to
individual sewage treatment systems (6 HCAR ~4.8040 hereinafter referred to as
WPC 40) are hereby adopted by reference and made a part hereof as fully as if set
forth herein. These standards shall apply to all lands controlled by this ordinance
and a copy of these standards shall be kept on file in the office of the Clerk-
Administrator.
2. Sanitary facilities that do not meet the p'~rfoL1:nance standards of !r/'"PC 40 or
Minnesota Regulations NR 83(d) shall be replCiced or r,"moved within five (5) years
of the effective date of this ordinance.
.
904.12 - Enforcement and Administration. This ordinanc.e shall be enforced and
administered in accordance with the procedures and requirements of the Zoni.ng Ordinance
of the City of Elk River, except where superseded by more restrictive requirements of
this ordinance.
.
16.
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~
PUBLIC NOTICE
AFFIDA VIT OF PUBLICATION
.
Stall> Of Miulw:wla
Counl.Y (~r ,..,herburlle
} ss.
.
Charles F. Dare, being duly sworn on oath says he is and during all the times
herein stated has been the publisher and printer of the newspaper known as
Sherburne County Star News and has full knowledge of the facts herein stated as
follows: (1) Said newspaper is printed in the English language in newSpaper
format and in column and sheet form equivalent in printed space to at least 900
square inches. (2) Said newspaper is a weekly and is distributed at least once
each week. (3) Said newspaper has 50% of its news columns devoted to news of
local interest to the community which it purports to serve and does not wholly
duplicate any other publication and is not made up entirely of patents, plate
matter and advertisements. (4) Said newspaper is circulated in and near the
municipality wtlich it purports to serve, has at least 500 copies regularly
delivered to paying subscribers, has an average of at least 75% of its total
circulation currently paid or no more than three months in arrears and has entry
as second'class matter in its local post-office. (5) Said newspaper purports to
serve the City of Elk River in the County of Sherburne and it has its known office
of issue in the City of Elk River in said county, established and open during its
reguiar business hours for the gathering of news, sale of advertisements and sale
of subscriptions and maintained by the publiSher of said newspaper or persons in
his employ and SUbject to his direction and control during all such regular
business hours and devoted exclusively during such regular business hours to the
business of the newspaper and business related thereto. (6) Said newspaper files
a copy of each issue immediately with the State Historical Society. (7) Said
newspaper is made available at single or subscription prices to any person,
corporation, partnership or other unincorporated association requesting the
newspaper and making the applicable payment. (8) Said newspaper has complied
with all the foregoing conditions for at least one year preceding the day or dates
of publication menlioned below. (9) Said newspaper has filed with the Secretary
of State of Minnesota prior to January 1. 1966 and each January 1 thereafter an
affidavit in the form prescribed by the Secretary of State and signed by the
publisher of sa id newspaper and sworn to before a notary public stating that the
newspaper is a legal newspaper. '
~-fYU-/'YO
He further states on oath that the printed
C r
~ /VX.,,~_IY\.-CUY\...~
hereto attached as part hereof was cut from the columns of sllid newspaper,
and was printed and published therein in the EngliSh language, once each week
for
I
~ ~
~_ day of · r, . "~'€/h95i..Q.
and was thereafter
successive weeks; that it was first so publiShed on Thursday,
the
printed and pubPshed every Thursday to and Including the
day of 19 and that the following is a
printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby
acknowledged as being the size and kind of type used in the composition and
pUblication of said notice, to wit:
-15i~"
J,. !,' J
- .fj ~,.,
, Publisher
Subscribed and sworn to before me this
.s~
day of
c:--
-.... .-,.--. I. " ,
<: ~..Q~r:J.-LQ J Vl/~~r9
J\, lthl{'~ n
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'loA__f<-((lL:.t
(j
.
Notary PU;'>~iJ9.4.~~..."".IJ 4~_ 4,UJ~,J~J' ~ ,,~I..~~s9ta
~ ..,r..........,... M......HLVC,,_ MARQUART ~
My Commis.sr' . s"'OT;.\\W ,',..'3L!C. MINNES~A <'
f ". ,SHEF.BUr~NE COUNTY ~
~; / Iviy Commjs~ion EKpires Mar. 31. 1982 ~
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