Loading...
(A) Purpose.
(1) The purpose of the PUD provisions is to encourage high quality design standards for development and alternative subdivision design techniques.
(2) Dimensional criteria of the City of Harris zoning regulations districts may be modified or varied for PUD developments in exchange for higher design standards, site preservation techniques, extraordinary parkland development, pedestrian circulation, trails linkage to other neighborhoods and community destinations, and other unique development considerations.
(3) PUD review and approval is a discretionary action by the city and the eligibility of a proposed development as a PUD shall be determined solely by the city. Proposed variations from the dimensional standards of this chapter shall only be approved when it is determined by the city that variations are commensurate with benefits to the planned neighborhood and overall community.
(4) A determination shall include but not be limited to the following considerations:
(a) Master site planning and creative design in the proposed development of the land and uses;
(b) Variety in housing styles and housing types and provisions for life cycle and affordable housing opportunities;
(c) Architectural design components and controls for all planned uses and structures;
(d) Protection and incorporation of unique natural features into the overall planned community;
(e) Creation of larger expanses of usable public and private open spaces, planned recreational facilities, and pedestrian accesses throughout the proposed development;
(f) Landscaping plans for all proposed land uses, public and private parks, open spaces when appropriate, major transportation corridors, transition areas between land uses, and within screening and buffering areas;
(g) Appropriate screening and buffering of residential uses from major transportation corridors and dissimilar land uses;
(h) Compatibility with the comprehensive plan;
(i) Consistency with existing goals and policies of the city;
(j) Compatibility with existing and potential development patterns;
(k) Appropriate transitions between land uses to ensure compatibility within and adjacent to the proposed development;
(l) Consistency with the general intent of the Harris zoning regulations and strict compliance with the general provisions and minimum performance standards of the zoning regulations;
(m) Private subdivision covenants necessary to guarantee adherence to architectural standards, to implement master planning components of the proposed development, and to satisfy required private and public area maintenance provisions;
(n) Appropriate transportation access, circulation, design and impact mitigation, including required improvements to adjacent roadways serving the proposed development; and
(o) Financial participation in off-site improvements required to connect the proposed development to existing and planned neighborhoods and existing and planned public utility and transportation infrastructure.
(B) Permitted uses - Residential PUD (requires public sewer and water).
(1) Single-family detached residences and single-family attached residences and accessory uses.
(2) Multiple residential dwellings and accessory uses.
(3) Public parks and recreation facilities.
(4) Public buildings and facilities.
(5) Public and private schools and accessory recreational facilities.
(6) Licensed daycare and residential facilities in single-family attached and single-family detached residential areas consistent with M.S. Chapter 462.357, Subd. 7, as it may be amended from time to time.
(7) Licensed daycare and residential facilities in multiple residential areas consistent with M.S. Chapter 462.357, Subd. 8, as it may be amended from time to time.
(8) Residential health care facilities.
(9) Home occupations.
(10) Other uses specifically permitted in the approval of the PUD.
(C) Permitted uses - residential/commercial mixed use PUD (requires public sewer and water).
(1) Single-family detached residences and single-family attached residences and accessory uses.
(2) Multiple residential dwellings and accessory uses.
(3) Public parks and recreation facilities.
(4) Public buildings and facilities.
(5) Public and private schools and accessory recreational facilities.
(6) Licensed daycare and residential facilities in single-family attached and single-family detached residential areas consistent with M.S. Chapter 462.357, Subd. 7, as it may be amended from time to time.
(7) Licensed daycare and residential facilities in multiple residential areas consistent with M.S. Chapter 462.357, Subd. 8, as it may be amended from time to time.
(8) Residential health care facilities.
(9) Home occupations.
(10) Neighborhood commercial retail and service uses, not inconsistent with the comprehensive plan, and not incompatible with area residential land uses and transportation facilities serving the development, including:
(a) Gasoline sales and accessory convenience retail sales;
(b) Full service restaurants, cafes, and drive-through restaurants;
(c) Off-sale and on-sale liquor;
(d) Video rentals and sales;
(e) Daycare centers;
(f) Dry cleaning, laundry, tailoring, hair salons and similar household services;
(g) Small appliance, electronics, and household item repair and service and accessory sales conducted wholly within principal structures; and
(h) Automobile service and accessory sales conducted wholly within principal structures.
(11) Other uses specifically permitted in the approval of the PUD.
(D) Permitted uses - commercial/light industrial mixed use PUD (requires public sewer and water).
(1) Gasoline sales and accessory convenience retail sales.
(2) Retail sales and accessory services.
(3) Full service restaurants, cafes, and drive-through restaurants.
(4) On-sale and off-sale liquor establishments.
(5) Family movie theaters.
(6) Hotels and motels.
(7) Professional offices.
(8) Hospitals and medical clinics.
(9) Funeral homes and mortuaries.
(10) Household service and repair businesses.
(11) Vehicle and equipment repair and service.
(12) Office/showroom sales and service uses.
(13) Building supply centers.
(14) Lawn and garden centers.
(15) Other uses specifically permitted in the approval of the PUD.
(E) Dimensional standards.
(1) The dimensional standards applied to lots, uses and structures within a PUD shall be established in the review and approval process.
(2) The city shall have total discretion in establishing dimensional criteria, and departures from the zoning regulations standards shall be based upon the level of site plan detail, architectural quality and controls, overall master planning, utility and roadway capacity, neighborhood and community benefit, public safety issues, and overall development controls.
(F) Special requirements.
(1) The minimum site area requirements for a residential or residential/commercial mixed use PUD is 100 acres.
(2) The minimum site area requirements for a commercial/light industrial mixed use PUD is 20 acres.
(3) An increase in the density allowed by the districts of the zoning regulations for any residential uses shall result in corresponding increase in the amount or quality of the following.
(a) Group usable open space, recreational amenities, and pedestrian ways.
(b) Architectural features, housing styles, and housing variety.
(c) Landscaping, screening, and streetscape amenities.
(d) Environmental protection and controls.
(e) Site design and development control.
(4) The city shall determine whether open space provisions and recreational amenities shall be publicly dedicated or privately owned and maintained.
(5) Private open space and recreation areas and, specific improvements on public property, such as landscaped medians or subdivision monuments and design features within public rights-of-way, will require covenants, restrictions, homeowner association agreements or other acceptable mechanisms that guarantee perpetual private maintenance of private open spaces, recreation areas, common areas, and other areas.
(6) Residential/commercial mixed use PUDs shall require common or compatible street landscaping, street lighting, and parking lot lighting throughout the development. The quality and amount of landscaping, screening, and buffering between dissimilar uses shall be a major component of all PUDs and subsequent site plan reviews.
(7) Architectural features and controls shall be a major component of all PUDs and all mixed use PUDs will require compatibility of architectural features between dissimilar uses.
(8) Nothing in this section shall be construed to approve or permit variations in construction materials, craftsmanship, building codes, electrical codes, plumbing codes, fire codes, design or construction of public improvements, which in any way suggest substandard or inferior development or construction.
(G) Process. All PUDs requiring the subdivision of land shall follow the platting requirements and PUD provisions of the Harris subdivision regulations and require a conditional use permit (CUP) as provided in the Harris zoning regulations. Mandatory or discretionary review of the potential environmental effects of the proposed development may be required prior to the submission of concept PUD and preliminary plat. A sketch plan PUD/plat review and approval, concept PUD/preliminary plat review and approval, and final PUD/final plat review and approval shall occur concurrently as prescribed in the subdivision regulations.
(H) Submittal requirements.
(1) A sketch plan shall be prepared with sufficient detail and information to illustrate the major features of the proposed development and its eligibility as a PUD.
(2) Following sketch plan review and approval by the City Council, PUD and platting information may be assembled and combined in a single format, provided the platting submission requirements of the Harris subdivision regulations and the following minimum information are provided:
(a) Written narrative summarizing the proposed development features and all proposed exceptions to or departures from conventional development standards;
(b) Complete details of the proposed site development, including locations of buildings, driveways, parking spaces, dimensions of the parking spaces, dimensions of the lots, lot area and yard dimensions, sidewalks, and trails;
(c) Open space and recreation plans illustrating all public and private recreational amenities, facilities, and structures, including trails;
(d) Circulation plans for proposed pedestrian and vehicle traffic;
(e) Detailed plans for landscaping, screening, and buffering;
(f) Preliminary architectural plans, including the floor plans and building elevations of proposed structures;
(g) Descriptions for exterior wall finishes proposed for all principal and accessory structures;
(h) Calculations of gross and net residential densities for each residential product;
(i) A two-foot contour map of the existing site, including the depiction of existing uses and structures, and the delineation of all wetlands, floodplains, and shoreland areas;
(j) A grading plan and erosion control plan consistent with best management practices must also be submitted;
(k) Preliminary covenants and documents for a homeowners association, condominium association, or other joint maintenance mechanism to be approved by the city that includes:
1. Ownership and membership requirements;
2. Organization of the association;
3. Time at which the developer turns the association over to the members;
4. Approximate monthly or yearly association fee for members;
5. Specific listing of items owned in common, including items such as roads, recreational facilities, parking, common open spaces, and utilities, and any public areas subject to association maintenance; and
(l) A development agreement shall be entered into with the city to ensure compliance with the terms and conditions of an approved PUD. The agreement shall include the uses permitted in the PUD, the details of waivers or departures from conventional dimensional standards and other ordinance requirements and all other special conditions and features of the PUD. The agreement shall include all other standard provisions of development agreements required by the city to assure ordinance conformance and financial guarantees. A preliminary deposit and disbursement agreement shall be entered into with the city to provide security for reimbursement of all city costs incurred in the preliminary review of the PUD application, including without limitation engineering, technical, planning, legal and administrative costs. The amount of security shall be as set forth in the current city fee schedule.
(I) Required actions.
(1) Sketch plan.
(a) The Planning Commission shall recommend either approval, approval with modifications, or denial of the PUD sketch plan.
(b) The recommendation shall be based upon the determination that the proposed development either may qualify as a PUD and appears to be capable of satisfying the provisions and requirements of the PUD District or the proposed development does not qualify as a PUD.
(c) The City Council shall consider the recommendations of the Planning Commission and either approve, approve with modifications, or deny the PUD sketch plan.
(d) The action shall be based upon the determination that the proposed development either may qualify as a PUD and appears to be capable of satisfying the provisions and requirements of the PUD District or the proposed development does not qualify as a PUD.
(2) Concept PUD/conditional use permit.
(a) The Planning Commission shall recommend either approval, approval with modifications, or denial of the concept PUD/CUP.
(b) The recommendation shall be based upon the determination that the proposed development either qualifies as a PUD and will satisfy the provisions and requirements of the PUD District or the proposed development does not qualify as a PUD and does not satisfy the provisions and requirements of the PUD District.
(c) Approval of a CUP shall be contingent upon final PUD approval.
(d) The City Council shall consider the recommendations of the Planning Commission and either approve, approve with modifications, or deny the PUD sketch plan.
(e) The action shall be based upon the determination that the proposed development either qualifies as a PUD and will satisfy the provisions and requirements of the PUD District or the proposed development does not satisfy the provisions and requirements of the PUD District and the proposed development does not qualify as a PUD.
(3) Final PUD.
(a) A final PUD shall be submitted with the final plat, containing final development plan details and required modifications. All phased developments shall require a final PUD submitted with each subsequent final plat. The final PUD shall contain final architectural plans for all uses and detailed site plans for all non-single-family detached residential uses. The final PUD shall not be inconsistent with the approved concept PUD, except as modified and approved by the city.
(b) The Planning Commission shall recommend either approval, approval with modifications, or denial of the final PUD. The recommendation shall be based upon the determination that the final PUD is consistent with the approved concept PUD, modified appropriately, or inconsistent with the approved concept PUD. The City Council shall either approve, approve with modifications, or deny the final PUD. The action shall be based upon the determination that the final PUD is consistent with the approved concept PUD, modified appropriately, or inconsistent with the approved concept PUD.
(4) Zoning amendment and zoning map.
(a) Upon approval of a PUD and completion of the procedures required for amending zoning classifications, the land within a PUD may be zoned PUD. Alternatively, all or portions of a PUD which conform to the district dimensional standards and district uses of the zoning regulations may be assigned specific zoning district classifications. The PUD District classification shall imply that approved PUD uses and dimensional standards are in conformance with the Harris zoning regulations. Each amendment to the zoning regulations establishing a PUD District shall include an amendment to the Harris zoning map, illustrating the amended zoning classification, and an appendix, illustrating the uses permitted within the development, the amended dimensional standards for each use, and other performance standards pertinent to the approved PUD.
(b) Subsequent uses and structural improvements within a PUD, including but not limited to new uses, building additions, and site plan revisions, shall conform to the approved uses and approved development standards within the approved PUD. The city may at its discretion interpret new uses and revisions to be consistent with the approved PUD or at its discretion may require an amendment to the PUD. Any amendment to a PUD shall follow the procedures established in this section to review and approve a PUD.
(Prior Code, § 601.22) (Am. Ord. 2005-02, passed 6-27-2005) Penalty, see § 10.99
(A) Maximum height. Fences located within required yards shall not exceed six feet in height in all yards except the front yard when they shall not exceed 30 inches, except as hereinafter modified.
(B) Fences in buildable area. No fence located within the buildable area of a lot shall exceed the height of the principal structure.
(C) Business and industrial fences. Fences in business and industrial districts may be erected on the lot line to a height of eight feet with a security area for barbed wire subject to a conditional use permit.
(Prior Code, § 601.23)
(Am. Ord. 2022-07, passed 11-14-2022)
Penalty, see § 10.99
(A) Location approval. Public utility services may have an effect on city planning, and the proposed location of the public utility services shall be filed with the City Clerk prior to the commencement of any condemnation action or construction.
(B) Utilities not located within highway or street rights-of-way. Public utility services not located within highway or street rights-of-way shall follow the following procedure.
(1) The owner shall file with the City Clerk the maps indicating the location, depth if applicable, alignment, and type of service proposed.
(2) The maps and accompanying data shall be submitted to the Planning Commission for review and recommendations regarding the relationship to urban growth, land uses, highways and recreation and park areas.
(3) Following the review, when deemed necessary, or when requested by the Council, the Planning Commission shall within 30 days of the receipt of the proposed public utility service make a report of its findings and recommendations on the proposal and file the report with the City Council.
(4) Upon receipt of the report of the Planning Commission on the proposal, the City Council shall consider the maps and, accompanying data and indicate to the owner its approval with the conditions or modifications as are deemed appropriate or necessary to protect the health, safety, and welfare of the public and to achieve the goals of this chapter.
(5) Failure by the Council to act on a proposal within 30 days of the receipt of the report of the Planning Commission shall constitute approval of the proposal by the City Council.
(C) Utilities within highway rights-of-way. An application for a permit for public utility services located within any city, county, or state highway rights-of-way shall follow the following procedure.
(1) The applicant shall file with the City Clerk in addition to any filing requirements of the county or state, an application for the permit, accompanied by maps indicating the locations, depth if applicable, alignment and type of service proposed.
(2) The application and accompanying data shall be reviewed by the city engineer, who shall file a report of his or her findings and recommendations with the Planning Commission.
(3) Upon a determination by the Planning Commission that the application is acceptable and in the best interests of the city, the Planning Commission may issue a permit, with the conditions or modifications thereon as are deemed appropriate, for the installation or structure of the service proposed.
(4) Upon completion of the installation and construction of the utility, the applicant or owner of the utility shall file with the City Clerk a map showing the exact location of the utility or so much thereof as is located in the city, together with data indicating the depth, height, size, capacity, and other relevant data required by the Planning Commission.
(5) Any addition, construction, or installation of a public utility service may be undertaken only after consideration has been given to contemplated widening, regrading or relocation of existing rights-of-way.
(D) Existing easements. There shall be no filing or permit requirements where the utility facilities are to be located on existing easements, or on customer’s property for the purpose of providing utility service to the customer provided, that upon completion of and addition to, or extension, construction or installation of a public utility on existing easements or customer’s property, the utility shall file with the City Clerk a map showing the type, size, depth, capacity and location of the addition, extension, construction or installation.
(E) Construction requiring a permit. No construction of utility facilities requiring a filing for a permit shall be commenced until either official response has been received from the appropriate authority, or 60 days has elapsed from the date of filing, which shall constitute approval.
(F) Temporary permits or emergency approval. Recognizing that public utilities services must provide adequate and timely service to the public, and that emergency situations may occur, the Council may issue temporary permits or emergency approval for the extension, addition, or construction of utility facilities when necessary. However, the utility shall immediately proceed to file or make its application under the appropriate section hereof.
(Prior Code, § 601.24) Penalty, see § 10.99
(A) Interim use permit required. An interim use permit (IUP) is required for the construction or erection of any communications towers. Co-location uses on existing towers are exempt from the IUP process, but require Planning Commission and City Council site plan approval.
(B) Co-location on existing structures. New towers or antennae must be co-located on existing structures in the city, unless it can be documented that it is impractical to co-locate on an existing structure because of technical performance, system coverage or system capacity an existing structure cannot support co-location from a structural engineering standpoint or the lease rate of an existing structure is not RATE REASONABLE. RATE REASONABLE shall mean that the co-location lease rate is not more than 150% of the co-location lease rate for towers within ten miles for which such lease rate information can be obtained. The determination that co-location on an existing structure is not practical because of technical performance, system coverage or system capacity shall be supported by findings from a qualified engineer.
(C) Co-location requirements for new towers. New towers shall be designed and constructed to permit the future co-location of other commercial wireless telecommunication services. All applications for new towers shall include a letter of intent committing the tower owner, it successors and assigns, to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. Maximum heights of towers/antennae and corresponding co-location requirements shall meet the following standards:
Height of Tower/Antenna
|
Number of Co-location Requirement
|
Less than 75 feet | No co-location required |
75 feet to 100 feet | One additional user accommodated |
Over 100 feet to 150 feet | Two additional users accommodated |
(D) Tower and antenna design. Towers and antennae shall be located and designed to blend into the surrounding environment to the maximum extent possible. Towers shall be of a monopole design unless it is determined that an alternative design would be appropriate for the particular city to blend into the particular environment.
(E) Tower setbacks. All towers shall be setback from rights-of-way, easement boundaries, or property lines at a distance equal to the height of the towers and antenna. The setbacks may be reduced to a distance agreed upon by the city, if the tower applicant furnishes an registered engineer's certification that the tower is designed to collapse or fall within a distance or zone shorter than the total tower height. The city may waive or modify setback requirements for antennae proposed to be co-located on existing towers or structures.
(F) Lighting. Towers shall not be illuminated unless required by a state or federal agency.
(G) Security. The site area for new or modified commercial wireless telecommunications services towers shall be totally fenced in to discourage access by unauthorized persons. The city shall review and approve or modify all plans for fencing and security measures.
(H) Accessory structures. The applicant shall submit site plans, elevations and construction details for all towers, antennae and accessory structures to be located on a site. All equipment must be enclosed within a building. The city may require that any accessory structures be designed compatible with surrounding structures or natural environment and may require that landscaping materials be provided to screen accessory structures or equipment. Co-location users must construct buildings compatible with existing buildings on the premises.
(I) Site access. Site plans shall illustrate existing or proposed driveway locations, access easements, driveway details, and shall obtain driveway access permits for all new towers.
(J) Signs. Signs, other than warning signs, equipment labels, emergency information or owner identification, are prohibited on any towers, antennae or accessory structures or equipment. No permitted signs shall exceed three square feet in area.
(K) Interference. No wireless telecommunications service shall be permitted that causes any interference with commercial or private use and enjoyment of other legally operating telecommunications devices, including but not limited to radios, televisions, personal computers, telephones, personal communications devices, garage door openers, security systems and other electronic equipment and devices. An applicant must furnish Minnesota registered engineer's certification that no such interference will occur or identify what interference may occur and how the applicant will mitigate any potential inference that may occur.
(L) Construction requirements. All wireless telecommunication towers, antennae and accessory uses shall be designed and constructed in accordance with all provisions of this chapter and all applicable state and federal codes. All plans must be certified by an engineer registered in the State of Minnesota.
(M) Inspection. All towers may be inspected at least once each year by an official of the city building inspector to determine compliance with original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this section. Notice of violations will be sent by registered mail to the owner. The owner will have 30 days from the date the notification is issued to make repairs. The owner shall notify the city building inspector that the repairs have been made, and, as soon as possible thereafter, another inspection will be made and the owner notified of the results.
(N) Abandonment. All towers and antennae not used for a period of 12 consecutive months shall be considered abandoned and shall be removed. The Interim Use Permit shall identify the term for the wireless telecommunication towers. Towers and antennae shall be removed within six months of the date of termination of the Interim Use Permit. In the event any towers and antennae have not been removed within six months of the termination of the Interim Use Permit or within 90 days after written notice by the city after abandonment, the city shall have the right to remove the towers and antennae and assess the property.
(O) Proximity to other towers. Towers 75 feet or taller in overall height shall not be erected within 2500 feet of any other communications tower exceeding 75 feet in overall height. It is the intent of this provision to encourage the co-location of Commercial Wireless Telecommunication Services facilities on the same tower or existing buildings or other structures thereby reducing the number of towers in the city.
(P) Other requirements. The city may require additional information from the applicant and impose additional standards and regulations in approving plans for wireless telecommunications services to ensure and protect the public health, safety and welfare.
(Ord. 2007-5-14, passed 5-14-2007)
The City Council may appoint a zoning administrator whose term of office shall be established by resolution of the Council. In the event the Council refuses or otherwise decides not to appoint a zoning administrator, all duties of that office shall attach to the office of the City Clerk.
(Prior Code, § 601.25)
Loading...