(A) Minimum area, height and the like.
(1) The following chart sets out the dimensional requirements of each basic zoning district:
A | RR | VHS-R | VHS-C | I-1A | I-1B | I-1C | MS |
A | RR | VHS-R | VHS-C | I-1A | I-1B | I-1C | MS | |
Front yard setback for all structures from centerline | ||||||||
Local roads (except 15th Street, 60th Street and 50th Street west of County Highway 21 | 105 | 105 | 0***** | 65 | 105 | 105 | 105 | 105 |
State and county highways and 15th Street, 60th Street and 50th Street west of County Highway 21 | 150** | 150** | 0***** | 65 | 150* * | 150* * | 150* * | 150** |
Frontage on improved public street (ft) and lot width on cul-de-sac | 300*** | 300*** | 150*** | 150*** | 300* ** | 300* ** | 300* ** | 300** * |
Lot area per dwelling unit (du) | ||||||||
One-family structure | 1 du / 10A*** (5A min) | 5A*** | 22,500 sq. ft.*** | 22,500 sq. ft.*** | 5A | |||
Two-family | 10A*** | |||||||
Lot depth (ft) | 300* | 300* | 130* | 130* | 300* | 300* | 300* | 300* |
Maximum buildable slope for structures (percent) except substandards structures**** | 18 | 18 | 12 | 12 | 18 | 18 | 18 | 12 |
Maximum site coverage by any structure and/or impervious surface | 10% or one-half acre, whicheve r is greater | 10% or one-half acre, whichev er is greater | 20%* | 20% or 4,350 sq ft, whichever is greater* | 35% * | 35% | 35% | 25% |
Maximum slope for on-site sewage treatment systems and driveways | 12 | 12 | 12 | 12 | 12 | 12 | 12 | 12 |
Maximum structure height (ft) | 35 | 35 | 35 | 35 | 50 | 50 | 35 | 35 |
Minimum main floor area per du (sq ft) | 800 | 800 | 800 | 800 | 800 | 800 | 800 | 800 |
Minimum nonresidential area | 22,500 sq ft | 5A | 5A | 5A | 5A | |||
Rear yard setback for all structures (except accessory buildings over 1,500 sq ft) | 50 | 50 | 30 | 30 | 50 | 50 | 50 | 50 |
Setbacks: accessory buildings over 1,500 sq ft | ||||||||
Side | 100 | 100 | NA | NA | 50 | 50 | 50 | 50 |
Rear | 100 | 100 | NA | NA | 50 | 50 | 50 | 50 |
Well | 200 | 200 | NA | NA | 50 | 50 | 50 | 50 |
Side yard setback for all structures (except accessory buildings over 1,500 sq ft) | ||||||||
From interior lot line (ft) | 50 | 50 | 10 | 10 | 50 | 50 | 50 | 50 |
From street | As required for a corner lot (ft) | |||||||
du = dwelling unit / ft = feet / sq ft= square feet | ||||||||
* Maximum three times the width of the lot of ten or more acres. | ||||||||
** Whenever the street right-of-way is greater than 66 feet, the setback shall be 117 feet from the edge of the street right-of-way. In the I-1A and I-1B Districts, the setback from the I-94 right-of-way line shall be a minimum of ten feet. | ||||||||
*** Any division of land resulting in two or more parcels of less than 20 acres, having a width of less than 500 feet at the front lot line shall require subdivision approval. The state legislature has restricted, in municipalities having subdivision regulations, the filing and recording of conveyances on parcels of residential or agricultural land of less than 20 acres and having a width of less than 500 feet where the conveyance results in a division of the parcel into two or more parcels, any one of which is less than 20 acres in area or 500 feet in width. | ||||||||
**** Exceptions to the slope requirement for substandard structures are found in § 153.007 of this code. | ||||||||
***** Subject to all corner lots meeting an 80-foot site triangle. | ||||||||
(2) The maximum site coverage and/or impervious surface in the I-1C Industrial District may exceed 35% per conditional use approval subject to the site not exceeding a maximum of 65% and meeting the requirements of divisions (B)(12) and (C)(1) through (C)(4) below. Any site with coverage and/or impervious surface in excess of 25% or 35% shall require an effective reduction of the impact of impervious surface to the equivalent of 25% or 35% impervious surface site coverage through the use of Low Impact Design (LID) methods and the completion and acceptance by the City Engineer, the county’s Conservation District (WCD) Engineer and Valley Branch Watershed Organization (VBWD) Engineer of the Impervious Surface Worksheet, as set forth in the city’s Best Management Practice (BMP) and Storm Water Guide.
(3) For additional setback requirements (other than those included in the table above), see division (E) below.
(B) Exceptions to minimum area, height and other requirements.
(1) Existing lot. For the purpose of this chapter, the term EXISTING LOT means a lot or parcel of land which was of record as a separate lot or parcel in the office of the County Recorder, on or before the adoption date of the ordinance from which this chapter was derived, except as provided for in division (B)(2) below.
(2) Buildable lots. Except in the VHS-R and VHS-C Zoning Districts, any lot or parcel created in accordance with Ch. 160 of this code, which contains at least two and one-half acres of buildable or net developable area as defined by this chapter and has at least 60% of the required frontage on an improved public street for the zoning district in which it is located shall be considered buildable provided the lot or parcel can comply with all other requirements of this chapter, including division (B)(3) below.
(3) Contiguous lots or parcels. If in a group of two or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel does not meet the full width or area requirements of division (B)(2) above, such individual lot or parcel cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots or parcels under the same ownership so that the combination of lots or parcels will equal one or more parcels of land each meeting the lot width and area requirements of division (B)(2) above. In the case of two contiguous existing nonconforming lots under common ownership, each containing an existing residence, these lots will have exemption from this division (B)(3), as long as both residences continue to qualify as existing legally nonconforming uses. The ordinance from which this chapter is derived shall take effect upon publication.
(4) Subdivision of lots. Any lot or parcel of land subdivided by any means after the effective date of the ordinance from which this chapter was derived for purposes of erecting a structure, must be approved as required in Ch. 160 of this code.
(5) Lake and stream frontage lots. All lots having frontage on a waterbody or lying within a shoreland management area shall be subject to the regulations of Ch. 156 of this code.
(6) Lots in floodplains. All lots in a designated floodplain shall be subject to the regulations of Ch. 159 of this code.
(7) Through or double frontage lots. Lots as defined in Ch. 160 of this code and include lake and stream frontage lots having a public street as one lot line and a waterbody as the opposite lot line. The Zoning Administrator shall determine what shall be considered the front, side and rear yards for application of the provisions of this chapter.
(8) Reduction of required area. No lot or parcel shall be reduced in area or dimension so as to make the lot or parcel less than the minimum required by this chapter; and if the existing lot or parcel is less than the minimum required, it shall not be further reduced.
(9) Minimum area requirements for lots. Since no public sanitary sewer is planned to be installed in the city, all single- and two-family homes shall demonstrate suitable soil conditions for a minimum on-site sewage treatment area of one acre per dwelling unit. A building permit shall not be issued for a lot which does not either meet the minimum acreage of acceptable soils for on-site sewage treatment or does not have enough acceptable soils within the lot or under legal contract to construct at least two complete septic/drainfield treatment systems.
(10) On-site sewage treatment systems. All on-site sewage treatment systems shall be maintained in conformity with the regulations of Ch. 154 of this code. Where there is evidence of the system failing to function properly, failing to treat sewage adequately, septic tank effluent percolating from the ground or where there is evidence a failing system is posing a hazard to the public health, the system shall be corrected and conform to these standards within 30 days.
(11) Slopes. Land having a slope between 13% and 18%, outside of the Lower St. Croix Bluffland District, may be included in the required buildable area of a lot or parcel if the county’s Soil and Water Conservation District has determined that:
(a) The soils on the land will support the structures, on-site sewage treatment systems and driveways without significant risk of erosion, groundwater contamination or damage to structures thereafter constructed;
(b) The development of this land will not damage heavily wooded areas or other significant natural features;
(c) All structures, including driveways, are set back at least 40 feet from the crest of any 18% slope; and
(d) There is at least one acre of contiguous land with a slope of less than 13% that is suitable for the required on-site sewage treatment systems and the driveways.
(12) Site coverage. Site coverage (impervious surfaces) for churches and institutional housing permitted by administrative permit in the RR Zoning District may exceed their allotted maximum impervious surface allowance, provided that:
(a) The soils on the land will support the structures and required on-site sewage treatment systems, parking areas, driveways and other proposed impervious surface. The site shall demonstrate the development does not pose significant risk of erosion, groundwater contamination or surface water discharge in excess of standards used by the Watershed District and the county’s Soil and Water Conservation District. In addition, whenever possible low impact development methods shall be used to mitigate any groundwater discharge;
(b) The applicant will restrict its surface water runoff to predevelopment rates to be in conformance with the Watershed District rules and regulations;
(c) The applicant will restrict its surface water runoff volumes to those volumes that would have been generated from the site had it been developed to have 10% of the parcel covered with impervious surfaces. That applicant shall prove that runoff equal to three-fourths’ inch times the total impervious surface area minus three-fourths’ inch times 10% of the impervious area shall infiltrate within 72 hours based on the infiltration rate of the soil. No infiltration basin shall be deeper than two feet. The bottom of all infiltration basins shall be a minimum of two feet above the seasonal high water table; and
(d) The development proposed by the applicant is in harmony with the goals of the Comprehensive Plan.
(13) Parcel or lot area of five or more acres. Wherever in this chapter a parcel or lot area of five or more acres is required, except for the subdivision or creation of new parcels or lots, that requirement may be met by a nominal parcel as defined in this chapter. All new parcels or subdivision of existing parcels must meet all of the requirements of this chapter.
(14) Maximum impervious surface coverage. The maximum impervious surface coverage in the I-1A, I-1B and I-1C Zoning Districts may be increased up to 35%, provided that the storm water impact and runoff from the site, both as to volume and rate, is equivalent of a surface coverage of 25%. The method and completion of reduction shall be approved by the City Engineer, County Engineer and Valley Branch Watershed District.
(C) Engineering and design guidelines. The following additional engineering and design guidelines are to be met for any use within the agricultural, except for agricultural activities and residences, rural residential, except for residences and agricultural activities, and Industrial Zoning Districts.
(1) The applicant shall also submit a plan for the entire site, showing what low-impact design methods are used. The applicant shall work directly with the city to develop the plan, using low-impact design methods, as established by the county’s Soil and Conservation Office and the appropriate governing bodies, Water Management Organization or Watershed District Management Office. The plan shall be reviewed and approved by both the city and the county’s Conservation Office prior to any building permits being issued.
(2) The applicant must identify in the development agreement all areas where there is any fractured bedrock. The city may require, as part of the study, a geotechnical analysis including soil borings taken, at a minimum radius of every 150 feet. In addition, any fractured bedrock found within 150 feet of any area of construction, must be covered with a minimum of five feet of soil to reduce the potential for any pollutants reaching the groundwater.
(3) The applicant may be asked, as a condition, to install a time dosing device to control rate of the flow of effluents from the septic system.
(4) The development agreement must address traffic concerns, and any improvements needed to accommodate additional traffic, as a result of the use.
(5) The applicant shall also enter into a development agreement, to address all of the conditions as set forth in divisions (B)(12)(a) and (B)(12)(b) above, along with a cash escrow deposit or an irrevocable letter of credit, equal to 150% of the City Engineer’s estimate to implement the low-impact design plan and for the maintenance of the low-impact areas for the next 20 years. A separate cash escrow deposit or an irrevocable letter of credit equal to 150% of the City Engineer’s estimate shall also be required to satisfy any conditions agreed to in the development agreement, in order to satisfy division (B)(12)(b) above.
(D) Permitted encroachments on required yards. The following shall be permitted encroachments into setback and height requirements, except as restricted by other sections of this chapter.
(1) Any yards. Posts, off-street parking spaces, flues, belt course, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, canopies, steps, chimneys, flag poles, ornamental features, open fire escapes, sidewalks, fences, essential services, exposed ramps (wheelchair) and similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than three feet from any lot line nor less than one foot from any existing or proposed driveway, floodlights or other sources of light illuminating authorized illuminated areas, loading areas or yards for safety and security reasons, provided the direct source of light is not visible from the public right-of-way or adjacent residential property.
(2) Corner lots. Nothing shall be placed or allowed to grow in a manner as to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets within 100 feet of the intersection.
(3) Rear yards. Recreational and laundry drying equipment, picnic tables, open arbors and eating facilities, provided these are not less than five feet from any lot line.
(4) Yards abutting streets. Encroachments in any yard that abuts a public or private street shall be considered as permitted encroachments as outlined above, except that no encroachment shall be permitted within two feet of the present or proposed right-of-way lines.
(E) Setbacks.
(1) Front setbacks. Where a vacant lot is adjacent to structures existing at the time of adoption of this chapter having a substandard setback from that required by this section, the Zoning Administrator shall determine a reasonable, average, calculated front yard setback to implement the requirements of this section, and to fulfill its purpose and intent. However, in no case shall a building be required to be setback more than 180 feet from the street centerline, except where an Industrial District is adjacent to a Residential District. In a Residential Zoning District, the front yard setback shall conform to the established setback line, unless the Zoning Administrator determines that another setback is more appropriate as provided herein.
(2) Setbacks from slopes.
(a) All structures, including but not limited to, driveways, decks, swimming pools and the like, shall be setback a minimum of 20 feet from the crest of all slopes exceeding 18% as determined by the Zoning Administrator, with the exception of driveways crossing human-made slopes that were created by the construction of roads or related ditches, and that extend only perpendicular to the road for a horizontal distance of 30 feet or less, and, where no other option is available to the landowner.
(b) An exception to this requirement, allowing an encroachment within the 20-foot setback from an 18% slope, is allowed outside of the Lower St. Croix River Bluffland and Shoreland Management District via a conditional use permit. As a condition of approval the applicant must submit an erosion control plan for the proposed encroachment.
(c) The erosion control plan shall be reviewed and approved by the City Engineer. In addition, the Zoning Administrator shall require a performance bond or letter of credit for a period of two years beginning at the time of completion to ensure the applicant adheres to the erosion control, landscaping and any revegetation plan. The performance bond or letter of credit shall equal 125% of the total cost of the erosion control as recommended by the City Engineer.
(3) Setbacks adjacent to Residential Zoning Districts. Where a commercial or Industrial Zoning District is adjacent to a Residential Zoning District, the minimum commercial or industrial building setback from the lot line shall be 75 feet.
(4) Setbacks along collector and arterial streets. Along streets designated as collectors and arterials in the Comprehensive Plan, the minimum setback for all structures shall be as required in division (A) above from the nearest planned street centerline.
(5) Setbacks from private roads. All setback requirements of this section shall also be applicable to private roads and easement access rights-of-way.
(6) Side yard setback from interior lot line on substandard lots. The side yard setbacks for all structures from interior lot lines on lots in the rural residential and agricultural zones, which are less than five acres in size and which were of record prior to March 3, 1970, shall be 25 feet rather than 50 feet if the proposed structure meets the requirements for a administrative permit as set out in § 153.028 of this code and meets all other zoning ordinance requirements.
(7) Side yard setback from interior lot line on extreme substandard rural residential lots. The sideyard setback for all structures from interior lot lines on lots in the Rural Residential District which are two acres or less in size and/or have a lot width of 200 feet or less the setback shall be ten feet rather than 25 feet if the proposed use meets all other zoning ordinance requirements.
(F) Height.
(1) No structure except those for public utilities, wind generators, farm buildings, churches and other places of worship shall exceed a height of 35 feet.
(2) The maximum height limitations for churches and other places of worship shall be as follows:
(a) A maximum height of 35 feet for the occupied area of the structure;
(b) A maximum height of 50 feet for the structural elements; and
(c) A maximum height of 60 feet for the following non-structural elements: spires or steeples, belfries or bell towers, cupolas, crosses or other religious symbols or decorative elements.
(G) Public convenience structures. No public convenience structure shall be located within the public right-of way except by administrative permit issued by the Zoning Administrator. The structures shall include but not be limited to trash containers, institutional directional signs, bicycle racks, benches, planting boxes, awnings, flag poles, light standards, stairs, stoops, light wells, signs and others. The structures do not include public utility facilities.
(Prior Code, § 12-132) (Res. 1997-16, passed 6-17-1997; Ord. 1997-10, passed 5-19-1998; Ord. 1997-19, passed 7-15-1997; Ord. 1997-27, passed 1-18-2000; Ord. 97-39, 3-20-2000; Ord. 2004-45, passed 8-17-2004; Ord. 13-2004, passed 9-21-2004; Ord. 7-2006, passed 3-16-2006; Ord. 09-2008, passed 9-16-2008; Ord. 11-2008, passed 12-17-2008; Ord. 01-2009, passed 1-20-2009; Ord. 05-2009, passed 6-16-2009; Ord. 01-2014, passed 5-20-2014; Ord. 03-2015, passed 8-18-2015; Ord. 11-2016, passed 10-18-2016; Ord. 01-2017, passed 1-17-2017; Ord. 01-2018, passed 6-19-2018)