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(A) Purpose. This section specifies requirements for permitting accessory structures and sets forth minimum setback, height and other regulations that shall apply.
(B) General regulations.
(1) No accessory use shall be constructed prior to the construction of the principal use on the same lot of record.
(2) An accessory use shall be located on the same lot of record as the principal use.
(a) No accessory use shall be located in any yard nearer to any public right-of- way than the closest wall of the principal building.
(b) This requirement shall not apply to accessory uses or buildings in rear yards that either:
1. Abut public alleys; or
2. Are defined as "through lots" with public street frontage abutting both front and rear yards.
(3) A zoning permit shall be required for any accessory use over 100 square feet and under 200 square feet.
(4) A building permit shall be required for any accessory use in excess of 200 square feet.
(5) Privately owned accessory uses shall not be located within any public utility easements, drainage easements or in any public right-of-way.
(6) No detached accessory use shall be located closer than six feet to the principal use or any other accessory use on the same lot of record.
(7) Accessory uses or any part thereof shall not be utilized as a dwelling.
(8) No commercial business of any nature shall be conducted within a residential accessory building or any part thereof except as may be permitted by § 153.100.
(9) Architectural details for accessory buildings are to be the same or similar as for the principal building based upon (but not limited to) the following criteria:
(a) Scale and detailing;
(b) Roof pitch orientation and slope;
(c) Overhang depth and details;
(d) Window and exterior door proportion and types;
(e) Building materials; and
(f) Exterior color.
(10) No single- or two-family dwelling unit garage, attached or detached, or the total area of all accessory structures shall exceed 1,000 square feet in area or the size of the footprint of the principal residential structure, whichever is greater.
(11) In addition to the size limitations in division (10) above, each single- and two-family residential lot may have one detached accessory structure up to 200 square feet in size that does not count towards said limitations.
(12) Except in the case of single- and two-family dwellings, the total amount of detached accessory building space shall not exceed the footprint or height of the principal building(s), except by conditional use permit.
(13) For residential uses, the height of any accessory structure shall not exceed the height of the principal structure or be greater than 15 feet in height, whichever is less.
(14) No accessory structure shall be closer than 7.5 feet to a side lot line of an internal lot, 20 feet to a side lot line of a corner, and ten feet to a rear lot line.
(15) The minimum rear yard setback for a garage that derives access from an alley shall be 20 feet.
(16) On residential lots greater than 1 acre in size, an additional 1,000 square feet of accessory structures may be permitted for each acre up to 4,000 square feet total in the following manner:
Lot Size | Maximum Total Accessory Building Square Footage |
1 acre but less than 2 acres | 2,000 square feet |
2 acres but less than 3 acres | 3,000 square feet |
3+ acres | 4,000 square feet |
(17) Agricultural/farm buildings in the UR District accessory to an agricultural use are exempted from the height, building materials, and size requirements.
(Ord. 583, passed 8-26-2019)
(A) Findings. The city hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands, natural habitat areas, areas subject to soil erosion and areas containing restrictive soils adversely affects the public health, safety and general welfare by impacting water quality and contributing to other environmental problems, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the city to provide adequate water, sewage, flood control and other community services. In addition, extraordinary public expenditures may be required for the protection of persons and property in the area and in areas which may be affected by unplanned land usage.
(B) Purpose. The purpose of this section is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land disturbing and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land disturbing or development activities proposed for those areas, thereby achieving a balance between urban growth and development and protection of water quality and natural areas.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person who wishes to obtain a building permit or zoning or subdivision approval.
CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution.
DETENTION FACILITY. A permanent natural or human-made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water.
FLOOD FRINGE. The portion of the flood plain outside of the floodway.
FLOOD PLAIN. The areas adjoining a watercourse or water basin that have been or may be covered by a regional flood.
FLOODWAY. The channel of the watercourse, the bed of water basins and those portions of the adjoining flood plains that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood.
HYDRIC SOILS. Soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
LAND DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface including removing vegetative cover, excavating, filling, grading and the construction of any structure.
PUBLIC WATERS. Waters of the state as defined in M.S. § 103G.005, Subdivision 15, as it may be amended from time to time.
REGIONAL FLOOD. A flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100-year recurrence interval.
RETENTION FACILITY. A permanent natural or human made structure that provides for the storage of storm water runoff by means of a permanent pool of water.
SEDIMENT. Solid matter carried by water, sewage or other liquids.
STRUCTURE. Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots and paved storage areas.
WETLANDS. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, WETLANDS must have the following three attributes:
(a) Have a predominance of hydric soils;
(b) Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(c) Under normal circumstances support a prevalence of the vegetation.
(D) Scope and effect.
(1) Applicability. Every applicant for subdivision approval or a permit to allow land disturbing activities of one acre or greater must submit a storm water management plan to the Zoning Administrator. No subdivision approval or permit to allow land disturbing activities of one acre or greater shall be issued until approval of the storm water management plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this section. The provisions of this section apply to all land, public or private, located within the city.
(2) Exemptions. The provisions of this section do not apply to:
(a) Any part of a subdivision if a plat of the subdivision has been approved by the City Council on or before the effective date of this section;
(b) A lot for which a building permit has been approved on or before the effective date of this section;
(c) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles; or
(d) Emergency work to protect life, limb or property.
(3) Waiver. The City Council may waive any requirement of this section upon making a finding that compliance with the requirement of this section will involve an unnecessary hardship and the waiver of the requirement will not adversely affect the standards and requirements set forth in division (F). The City Council may require as a condition of the waiver, the dedication of land or construction of improvement, or agreement to dedicate or construct as may be necessary to adequately meet the standards and requirements.
(E) Storm water management plan approval procedures.
(1) Application.
(a) A written application for storm water management plan approval, along with the proposed storm water management plan, shall be filed with the Zoning Administrator and shall include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted by right or as an exception in the underlying zoning district, and adequate evidence showing that the proposed use will conform to the standards set forth in this section. Prior to applying for approval of a storm water management plan, an applicant may have the storm water management plan reviewed by the appropriate departments of the city.
(b) Three sets of clearly legible copies of drawings and required information shall be submitted to the Zoning Administrator with all requisite fees and securities. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. At a minimum, the scale shall be one-inch equals 100 feet.
(c) In cases where the storm water management plan review is a portion of another application, the applicant must submit the materials required by this section for any such application to be deemed complete. The review of the plan shall proceed as part of the process for reviewing said application.
(2) Storm water management plan. At a minimum, the storm water management plan shall contain the following information:
(a) Existing site map. A map of existing site conditions showing the site and immediately adjacent areas, including:
1. The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheets;
2. Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving the information as the names and numbers of adjoining roads, railroads, utilities, subdivisions, towns and districts or other landmarks;
3. Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet;
4. A delineation of all streams, public waters and wetlands located on and immediately adjacent to the site, including any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency and/or the United States Army Corps of Engineers;
5. Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water or wetland, and setting forth those areas of unaltered site where storm water collects; and
6. One hundred-year flood plains, flood fringes and floodways.
(b) Site construction plan. A site construction plan including:
1. Locations and dimensions of all proposed land disturbing activities and any phasing of those activities;
2. Locations and dimensions of all construction site erosion control measures necessary to meet the requirements of this section; and
3. Provisions for maintenance of the construction site erosion control measures during construction.
(c) Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes including:
1. Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features;
2. A drainage plan of the developed site delineating in which direction and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect;
3. The proposed size, alignment and intended use of any structures to be erected on the site;
4. A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used; and
5. Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project.
(F) Plan review procedure.
(1) Process.
(a) Storm water management plans meeting the requirements of division (E) above shall be submitted to the Zoning Administrator for review in accordance with the standards of division (G) below. In cases where the plan is reviewed independently of other applications, the Zoning Administrator shall review the plan in accordance with the process outlined in § 153.026.
(b) In the event that the applicant receives a decision from the Zoning Administrator denying the application for approval of the storm water management plan, the applicant, if the applicant so desires, may appeal the decision to the Board of Zoning Adjustments as more specifically set forth in § 153.021. If the Board of Zoning Adjustments affirms the Zoning Administrator's decision to deny the application for the applicant's storm water management plan, the applicant may further appeal the decision of the Board of Zoning Adjustments to the District Court, subject to the provisions of M.S. § 462.361, as it may be amended from time to time.
(2) Duration. Approval of a plan submitted under the provisions of this section shall expire one year after the date of approval unless construction has commenced in accordance with the plan. However, if prior to the expiration of the approval, the applicant makes a written request to the Zoning Administrator for an extension of time to commence construction setting forth the reasons for the requested extension, the Zoning Administrator may grant one extension of not greater than one single year. Receipt of any request for an extension shall be acknowledged by the Zoning Administrator within 15 days. The Zoning Administrator shall make a decision on the extension within 30 days of receipt. Any plan may be revised in the same manner as originally approved.
(3) Conditions. A storm water management plan may be approved subject to compliance with conditions that are reasonable and necessary to ensure that the requirements contained in this section are met. The conditions may, among other things, limit the size, kind or character of the proposed development, require the construction of structures, fences, drainage facilities, storage basins and other facilities, require replacement of vegetation, establish required monitoring procedures, stage the work over time, require alteration of the site design to ensure buffering and require the conveyance to the city or other public entity of certain lands or interests therein.
(4) Performance bond.
(a) Prior to approval of any storm water management plan, the applicant shall submit an agreement to construct the required physical improvements, to dedicate property or easements, or to comply with the conditions as may have been agreed to. The agreement shall be accompanied by a bond to cover the amount of the established cost of complying with the agreement. The agreement and bond shall guarantee completion and compliance with conditions within a specific time, which time may be extended in accordance with division (F)(2) of this section.
(b) The adequacy, condition and acceptability of any agreement and bond shall be determined by the City Attorney.
(5) Fees. All applications for storm water management plan approval shall be accompanied by a processing and approval fee in an amount determined in the city's fee schedule.
(G) Approval standards.
(1) Generally. No storm water management plan which fails to meet the standards contained in this section shall be approved by the Zoning Administrator.
(2) Tracking. Each site shall have graveled access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday.
(3) Drain inlet protection. All storm drain inlets shall be protected during construction until control measures are in place with a straw bale, silt fence or equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication Protecting Water Quality in Urban Areas.
(4) Storm water management criteria for permanent facilities.
(a) An applicant shall install or construct, on or for the proposed land disturbing or development activity, all storm water management facilities necessary to manage increased runoff so that the two-year, ten-year and 100-year storm peak discharge rates existing before the proposed development shall not be increased and accelerated channel erosion will not occur as a result of the proposed land disturbing or development activity.
(b) The applicant shall give consideration to reducing the need for storm water management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond.
(H) Other controls. In the event of any conflict between the provisions of this section and the provisions of an erosion control or shore land protection ordinance adopted by the City Council, the more restrictive standard prevails.
(Ord. 583, passed 8-26-2019)
(A) General regulations.
(1) Minnesota Pollution Control Agency (MPCA) requirements. Every applicant for a building permit, subdivision approval, or a grading permit to allow land disturbing activities shall adhere to erosion control measure standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas," as may be amended, or as approved by the City Engineer and applicable city's storm water management requirements as stated in Chapter 93 of this code.
(2) Prohibited development. No land shall be developed, and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of sediment on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area, or other public facilities subject to the review and approval of the City Engineer.
(3) City approval. In the case of all single-family lots, multiple-family lots, business, industrial and institutional developments, the drainage and erosion control plans shall be subject to the City Engineer or Zoning Administrator's written approval. No modification in grade and drainage flow through fill, cuts, erection of retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the City Engineer.
(4) Approval of erosion control measures. Proposed erosion control measures may be approved by the City Engineer as part of grading plan review. Erosion control may be specified by the City Engineer as part of a site survey for individual building permits. Erosion control measures may also be specified by the City Engineer as needed and deemed appropriate during the construction and post-construction periods separate from the above.
(5) Storm sewer inlets. All storm sewer inlets which are functioning during construction shall be protected so that sediment laden water does not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
(6) Storm water channels. All on-site storm water conveyance channels shall be designed and constructed to withstand the design volume of storm water with appropriate stabilization to prevent scour and erosion. Erosion controls shall be provided at the outlets of all storm sewer pipes.
(7) Sediment control practices. All temporary and permanent erosion and sediment control practices shall be maintained and repaired whenever necessary to assure the continued performance of their intended function.
(8) Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday.
(9) Seeding. All disturbed ground left inactive for seven or more days shall be stabilized by seeding or sodding or by mulching or covering or other equivalent control measure.
(10) Sites one acre and more. For sites with more than one acre or more disturbed at one time, or if a channel originates in the disturbed area, one or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least 1% of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.
(11) Sites under one acre. For sites with less than one acre disturbed at one time, silt fences, straw bales, or equivalent control measures shall be placed along all side slope and down slope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. The use of silt fences, straw bales, or equivalent control measures must include a maintenance and inspection schedule.
(12) Removal. All temporary erosion control devices including silt fence, gravel, hay bales or other measures shall be removed from the construction site and properly disposed of or recycled. This removal and disposal shall occur within 30 days of the establishment of permanent vegetative cover on the disturbed area.
(13) Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, up flow chambers, hydro-cyclones, swirl concentrators or other controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels of a wetland. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations.
(14) Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or storm sewer system.
(15) Stop work order. The city's Building Official or City Engineer may issue stop work orders for any violation of this chapter. Where the topsoil is removed, sufficient topsoil shall be set aside for re-spreading over the developed area. The topsoil shall be restored to a depth of four inches and shall be of a quality at least equal to the soil quality prior to development.
(16) Public and private properties adjacent to the development site shall be protected from the effects of sedimentation. Any violation of this provision must be corrected by the owner to the satisfaction of the city within five days of receiving written notification from the city. If the violation is not remedied within the time period specified, the city may correct the problem and assess the costs incurred to the property owner.
(B) Exposed slopes. The following control measures shall be taken to control erosion during construction.
(1) Exposed slopes steeper in grade than five feet horizontal to one-foot vertical shall be contour plowed to direct runoff of water.
(2) At the foot of each exposed slope, a channel and berm shall be constructed to control runoff. The channeled water shall be diverted to a sedimentation basin (debris basin, silt basin or silt trap) before being allowed to enter the natural drainage system.
(3) Along the top of each exposed slope, a berm shall be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collected behind the berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. The measures shall consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flow apron, a gravel energy dispatcher shall be installed to prevent erosion at the discharge end.
(4) Exposed slopes shall be protected by whatever means will effectively prevent erosion, considering the degree of slope, soil material and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap or jute netting and blankets, fast-growing grasses or temporary seeding of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch shall be anchored to slopes with liquid asphalt, stakes and netting, or shall be worked into the soil to provide additional slope stability.
(5) Control measures other than those specifically stated above may be used in place of the above measures if it can be demonstrated that they will be as effective in protecting exposed slopes.
(Ord. 583, passed 8-26-2019)
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