A. Off Street Parking And Loading Spaces:
1. Purpose And Intent: Regulations of off street parking and loading spaces in this section are to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off street parking, loading and unloading from motor vehicles in accordance with the utilization of various parcels of land and structures.
2. Requirements: The location, design and use of off street parking, driveways and loading spaces shall be in compliance with the following requirements:
a. Application Of Off Street Parking Regulations: The regulations and requirements set forth in this section shall apply to the required and nonrequired off street parking facilities in all zoning districts.
(1) Site Plan Drawing Necessary: Applications for a change of use, new construction or expansion in all zoning districts, except one and two family residential zoning districts, shall be accompanied by a site plan drawn to scale and dimensioned and indicating the location of off street parking, loading spaces, driveways, and curb cuts in compliance with the requirements set forth in this section.
(2) Exemptions For Parking Requirements: All uses located within the "1980 Parking Lot District" inside the Central Business District B-1 Zoning District shall be exempt from the following off-street parking requirements of this section.
b. General Parking Provisions:
(1) Permits Prior To Effective Date: Structures or uses for which a building permit has been issued prior to the effective date hereof, but for which work has not been completed, shall be exempt from the hereinafter stated parking requirements, if the structure is completed within six (6) months after the effective date hereof.
(2) Reduction Of Existing Off-Street Parking Space: Off street parking spaces and loading spaces existing upon the effective date hereof shall not be reduced in number or size unless said number or size exceeds the requirements set forth herein for a similar new use. If further development requires the removal of the minimum number of parking stalls for an existing occupancy, replacement stalls must be provided to comply with the required off street parking provisions of this section. Should a nonconforming structure be damaged or destroyed, it may be reestablished if elsewhere permitted in these zoning regulations, except that in doing so, any off-street parking or loading, which existed, shall be retained.
(3) Change Of Use Or Occupancy Of Buildings: Any change of use or occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by this chapter.
(4) Use Of Parking Facilities: Off street parking facilities accessory to residential use shall be utilized solely for parking of passenger automobiles, recreational vehicles, and/or one truck not to exceed twelve thousand (12,000) pounds' gross weight rating for each dwelling. No commercially licensed trailer shall be parked or stored in any Residentially Zoned District, except when loading, unloading or rendering a service, except that one such vehicle with trailer may be parked off the street or avenue while maintaining all off-street parking setbacks at the residence of the owner or operator of said vehicle. Required off street parking in the Residential R Zoned Districts shall be on the same lot as the principal building.
(5) Use Of Parking Area: Required off street parking space in all zoning districts shall not be utilized for open storage of goods, shipping containers or for the storage of vehicles, which are inoperable, for lease, rent or sale. Under no circumstances shall open parking facilities accessory to one and two family residential structures be used for open air parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishments.
(6) Snow Removal: Within forty eight (48) hours after snow has ceased to fall, the owner, tenants or manager of any off-street parking area shall clear said parking area of snow so that said parking area is available for parking the number of vehicles for which said parking area was designed.
(7) Accessible Parking: Accessible parking spaces for the disabled shall be provided as required by the State Building Code.
c. Calculating Space:
(1) Number Of Spaces: When determining the number of required off street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space.
(2) Gross Floor Area: The term "gross floor area" for the purposes of calculating the number of off street parking spaces, shall be determined on the basis of the exterior floor dimensions of the building, structure, or use, times the number of floors, minus ten percent (10%).
(3) Benches Or Similar Accommodations In Places Of Public Assembly: In stadiums, bars, restaurants, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty two inches (22") of such seating facility shall be counted as one seat for the purpose of determining required parking. (Ord. 96, 6th Series, eff. 9-5-2017)
(4) Buildings With Two Or More Uses: Except as provided for under "joint parking facilities", should a building contain two (2) or more types of uses, each use shall be calculated separately for determining the total off street parking spaces required. Warehouse areas associated with retail uses shall have parking requirements calculated separately from retail requirements.
For home occupation and bed and breakfast with additional food service allowed by conditional use in a Residential Zoning District, the Zoning Administrator may waive off street parking requirements for the secondary use (customers of the home occupation, dining guests for the bed and breakfast additional food service), but not for the primary use, provided that: a) an equivalent amount of on street parking spaces as would otherwise be required for off street parking are available on the same side of the street and adjacent to the property on which the home occupation or bed and breakfast with additional food service is located; and b) that the secondary use would not create a need for overnight parking. (Ord. 2, 7th Series, eff. 11-6-2017)
d. Location Of Parking Facilities: Unless otherwise allowed subject to this chapter, all off street parking spaces shall be located on the same tax parcel as the use which they serve, unless otherwise approved by conditional use permit.
(1) Required off street parking in all zoning districts shall meet the following setback requirements:
(A) Within all Residential Zoned Districts, all vehicles normally owned or kept by the occupants on the premises must have a garage stall or open parking space on the same lot as the principal use served. Garage stalls accessory to residential structures or open parking spaces may be located anywhere on the lot other than in the required yard setback area, except that such garages or open parking spaces may be located to within ten feet (10') of a rear lot line.
(B) Within the Central Business District B-1 and the Noncentral Business District B-2 off street parking spaces shall not be less than twenty feet (20') from a street right-of-way line nor less than five feet (5') from any interior side lot line, nor less than ten feet (10') from any rear lot line, except where a side lot line is abutting any residential R zoned district, then off street parking shall not be less than ten feet (10') from said lot lines.
(C) Within any Industrial I-1 zoned district, off street parking spaces shall be not less than ten feet (10') from any street right-of-way line, nor less than five feet (5') from any interior side or rear yard; except, where a front, side or rear yard is across the street from or abutting any residential zoned district, no parking shall be less than twenty feet (20') from the front lot line or lot line abutting a residential lot.
e. Joint Parking Facilities: The joint use of off street parking areas may be authorized by conditional use permit for the following uses or activities under the following conditions:
(1) The proposed joint parking space shall begin one hundred feet (100') from the principal use or building it serves and not more than four hundred feet (400') from principal use or building served, unless otherwise approved in the conditional use permit.
(2) The applicant shall show that there is no significant overlap in the principal operating hours of the two (2) or more buildings or uses for which joint use of off street parking facilities is proposed. Where there are more than two (2) hours overlap between the daytime and nighttime uses of the parking facilities, a conditional use permit may be required.
(3) When a side or rear lot line is abutting a One and Two Family Residential R-1 zoned district, the joint parking facility shall be not less than ten feet (10') from said lot lines and include screening between the parking area and lot lines.
(4) The affected landowners or their duly authorized agents shall sign an agreement guaranteeing that joint parking will be available as long as the joint occupancies or businesses exist. All parties that lease parking spaces must provide evidence of control of required parking in the agreement. The City Attorney must approve such agreement. Said agreement shall be filed and recorded in the Office of the Morrison County Recorder, and evidence of properly filing shall be submitted to the Zoning Administrator prior to the issuance of any permits or licenses.
f. Use Of Parking Areas For Storage: Use of parking areas or required off street parking spaces, in all zoning districts, shall not be used for open storage of goods or for storage of vehicles that are inoperable, for lease, rent or sale.
g. Design And Maintenance Of Off Street Parking Areas:
(1) Cars Backing Into Street/Avenue: All parking areas except those serving One and Two Family Residential R-1 and R-2 zoned districts, on local streets shall be designed so that cars shall not be required to back into the street/avenue. If deemed necessary for traffic safety, the City Engineer may require some One and Two Family Residential R-1 and R-2 zoned districts to have turnaround areas on the property.
(2) Curb Cut, Driveway Access Location And Curb Cut Maximum: Access and parking areas shall be designed so as to provide an adequate means of access to a public alley or street. Said driveway access shall not exceed thirty feet (30') in width at the public street right-of-way line for all zoning districts except curb cut width may be increased to a maximum of fifty feet (50') for occupancies in the Industrial I District. All driveway access locations shall be so limited so as to cause the least interference with the traffic movement. All public parking areas shall have access off driveways and not directly off a public street. All outside parking spaces shall be clearly marking on the pavement.
(3) Location: The distance from a driveway to the intersection of two (2) streets shall not be less than twenty feet (20') measured from the intersection of the property or street right-of-way lines to the nearest edge of the curb cut; provided however, that it, in the opinion of the City Administrator or designee, present or future traffic conditions warrant greater or lesser distances, such greater or lesser distances shall be required subject to approval by the City Council.
(4) Curb Cut Setback: Curb cut openings for driveways shall be located at a minimum of ten feet (10') from the side yard interior lot lines measured at the property line in all zoning districts, except One and Two Family Residential R-2 and Multiple Family Residential R-3 Zoning Districts, where curb cut openings shall be a minimum of five feet (5'). The minimum distance between driveways on the same property shall be twenty feet (20') measured along the property or street right-of-way; provided, however, that if in the opinion of the City Administrator or designee, present or future traffic conditions warrant greater distances, such greater distances shall be required subject to approval by the City Council.
(5) Joint Driveway: There shall be no setback requirements from a shared lot line for townhomes with shared walls. Joint driveways for zero foot (0') interior side yard setback are permitted in all residential zoned districts if the joint driveway does not encroach within drainage and utility easements. Multiple properties in commercial, business, and industrial zoned districts may be allowed to share a driveway and the ten foot (10') setback required in this section may be reduced from each property line to zero (0), through a conditional use permit, provided:
(A) There is a reduction in the overall amount of allowed driveways for the properties served and the installation of joint driveways and/or parking aisles will increase traffic safety.
(B) An access site plan for the areas to be served is provided to the City for review as part of the conditional use permit application.
(C) A legal instrument setting forth ownership, maintenance, etc., duly approved as to form by the City Attorney, is executed and recorded by the party(ies) concerned and an attested copy filed with the City.
(D) The driveway or parking aisle meets all design standards set forth in this Code or other design requirements as determined by the City Administrator or designee.
(E) The design or resulting development shall not cause any conflict with safe and orderly traffic flow.
(F) Only one joint driveway or joint parking aisle shall serve any two (2) lots unless approved under a planned unit development.
(G) That for a joint parking aisle, there is no practical space for the parking aisle as determined by the City and the City determines the joint parking aisle is appropriate and was not proposed just to avoid compliance with the ten foot (10') parking setback from the property line.
(H) Joint driveways shall require a conditional use permit. Joint driveways in existence prior to August 21, 2017, are classified as preexisting and will not be required to obtain a conditional use permit, provided evidence of a previously recorded agreement detailing the joint driveway is submitted to the City and determined adequate by the City Attorney.
(I) The maximum curb cut opening for shared driveways is listed in subsection A2g(2) of this section.
(6) Driveway Angle: The minimum driveway angle to the street shall be seventy five degrees (75°) unless otherwise recommended by the City Administrator or designee and approved by the City Council.
(7) Curbing: All open, off street parking areas designed to have head in parking along any lot line shall provide a tire bumper or curb of adequate height and properly located to ensure that no part of any car will project beyond the required setbacks as established in this chapter. The tire bumper or curb will be designed so as not to damage the vehicle bumpers or tires and still allow pedestrian traffic.
(8) Size: The minimum dimensions for required parking spaces are shown in table 8-1 of this section. Minimum dimensions are exclusive of access drives or aisles, ramps or columns. In no case shall any part of the public right-of-way contribute toward required stall size. Ninety degree (90°) parking spaces that use a curb overhang over a landscaped area or a minimum seven foot (7') wide sidewalk may be reduced to eighteen feet (18') in depth. Parking stall dimensions are to be reviewed and approved by the City Administrator or designee prior to the approval of a building permit.
TABLE 8-1
MINIMUM PARKING SPACE AND AISLE DIMENSIONS GUIDELINES
Angle (A) | Width (B) | Curb Length (C) | Stall Depth (D) | One-Way Aisle Width (E) | Two-Way Aisle Width (F) |
0° parallel | 9' | 20' | 9' | 12' | 24' |
45° | 9' | 12'8" | 17'6" | 12' | 24' |
60° | 9' | 10'5" | 19' | 16' | 24' |
90° | 9' | 9' | 18'6" | 26' | 26' |
PARKING SPACE AND AISLE DIMENSION
(9) Surfacing: All of the area intended to be utilized for parking space and driveways shall be hard surfaced with material to control dust and drainage, and subject to approval of the City Administrator or designee, except parking areas for less than four (4) vehicles. This requirement also applies to open sales lots. Parking areas and driveways shall be kept free of dirt, dust and debris and the pavement shall be maintained in good condition.
(A) All commercial and industrial off-street parking areas, all access drives leading to such parking areas and all other areas upon which motor vehicles may be located shall be surfaced with a dustless all weather hard surface material capable of carrying a wheel load of four thousand (4,000) pounds.
(B) Acceptable surfacing materials shall include asphalt, concrete brick, cement pavers or similar material installed and maintained per industry standards.
(C) Crushed rock shall not be considered an acceptable surfacing material on any public or employee off street parking areas, or access drives leading to such parking areas or garages, except as provided for elsewhere in this section.
(D) Within the Industrial I District, internal yard areas and/or loading areas are allowed to have Class II (100 percent crushed) aggregate surface. Such internal yard areas shall be located to the side or rear of the principal building. The internal yard area shall be clearly separated from public areas by fencing or other acceptable means. Access drives that serve loading areas shall be hard surfaced with either bituminous or concrete within the required front or corner side building setback. A dust control plan shall be submitted and approved by the City.
(10) Lighting: Exterior lighting shall not be directed upon adjacent lands or the right-of-way.
(11) Required Spaces: Parking shall be provided according to the following schedule:
Principal Use Or Structure Served | Required Number Of Parking Spaces (Open Or Enclosed) |
Principal Use Or Structure Served | Required Number Of Parking Spaces (Open Or Enclosed) |
Auto sales building, auto repair, bus terminals, taxi terminals, recreational vehicle sales, garden supply stores, building materials sales | 1 space for each 300 square feet of gross floor area. 2 spaces per service bay (the service bay is not a parking space). 1 space per each 2,000 square feet of gross outdoor sales area |
Banks or savings institutions | 1 space per 250 square feet of gross floor area |
Barbershop/beauty salon | 2 spaces per station plus 2 per 3 employees |
Bed and breakfast | At least 1 parking space per rental room, plus 2 for the owner or manager if resident on premises |
Boarding house | 1 space per boarder plus 2 for owner or manager if resident on premises |
Bowling alleys | 5 spaces for each alley plus additional spaces as may be required herein for additional uses plus 1 space per 2 employees |
Car wash | 2 spaces per facility plus adequate stacking |
Colleges and universities | 1 space per 2 students based on the design capacity plus 1 space for each employee plus 1 space for each classroom; auditorium or event space shall be subject to separate additional calculations |
Community center, post office, public and private clubs, pool halls, libraries, private clubs, lodges, museums, art galleries | 1 space for each 300 square feet of gross floor area in the principal structure plus additional spaces as may be required for separate types of uses or event spaces in the primary structure |
Day nurseries, commercial daycare | 1 space per teacher on the largest shift plus 1 space per 10 students based on the maximum capacity of facility |
Drive-in establishments | 1 space per 2 seats, plus 1 space per 2 employees on the largest shift |
Dwelling, multi-family | 2 spaces per dwelling unit |
Dwelling, one and two family | 2 spaces per dwelling unit |
Efficiency units | 1 space per unit |
Elderly (senior citizen) housing, retirement homes, assisted living facilities | 1 space per each bedroom, plus 1 space per 2 employees on largest shift |
Food service, bakeries and other takeout food stores | 1 space per 100 square feet of customer area |
Furniture store, household appliances | 1 space per 400 square feet of gross sales area |
Golf courses, disc golf courses, miniature golf | 2 spaces per golf hole, plus additional spaces as may be required herein for related uses such as a restaurant, club rooms, bar or event spaces |
Health clubs | 1 space per 2 exercise stations plus 1 space per employee on largest shift |
Hospitals | 1 space per 2 patient beds (excluding bassinets) plus 1 space per 2 employees on largest shift including visiting doctors, plus designated parking for hospital vehicles. Loading and unloading spaces for ambulance or similar vehicles are not included in these parking requirements |
Hotel, motels, tourist homes and cabins | 1 space for each rental room/suite plus 1 space for each 8 units and 1 space per employee on largest shift |
Liquor store, off sale | 1 space per 300 square feet of gross floor area |
Manufactured home park | 2 spaces per manufactured home unit |
Manufacturing, fabrication or processing of a product or material | 1 space per 12 employees on the largest shift plus 1 truck space per 7,500 square feet of gross floor area in the principal structure |
Motor fuel stations and convenience stores | At least 4 spaces plus 1 for each employee on the largest shift plus additional spaces as may be required herein for related uses such as retail sales |
Nursing homes, rest home, convalescent home, memory care facility | 1 space per 4 patients plus 1 space per 2 employees plus 1 space for emergency vehicles |
Office buildings, animal hospitals and clinics, professional offices and medical clinics | 1 space per 300 square feet of gross area plus 1 space per employee on the largest shift |
Open sales lot | 3 spaces for each 5,000 square feet of the open sales lot |
Places on worship, civic centers, auditoriums, mortuaries, theaters, stadiums, sport arenas or similar uses | At least 1 parking space for each 4 seats based on design capacity of main assembly area, plus 1 space per 2 employees |
Restaurants, cafes, bars, taverns and nightclubs | 1 space per 3 seats plus 1 space for each 2 seats in bar area plus 1 space per employee on largest shift |
Restaurants, fast food | 15 spaces per 1,000 square feet of gross floor area |
Retail sales | 1 space per 300 square feet of gross floor area excluding public plazas, malls, pedestrian walkways for commercial structures 10,000 square feet in size or less. Structures larger than 10,000 square feet shall have 1 space per 250 square feet of floor area excluding public plazas, malls, and pedestrian walkways |
Schools | Elementary and junior high, 2 spaces per classroom; high school, 1 space per teacher and staff members on largest shifts, plus 1 space per 5 students |
Shopping centers | 6 spaces per 1,000 square feet of gross leasable floor area (exclusive of common areas) |
Skating rinks and dance halls | 100 spaces plus 1 per 200 square feet of gross floor area in the principal building |
Swimming pool | 1 space per 100 square feet of pool area |
Warehousing and wholesaling | 1 space per employee on largest shift plus 1 truck space per 7,500 square feet of gross principal structure |
Special uses not covered above | In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses computed separately in accordance with this section. Parking facilities for 1 use shall not be considered as providing the required parking facilities for any other use except that the City Administrator or designee may consider the joint use of a parking area (other than residential) where it is known that because of a time element, the parking facilities will not be needed by more than 1 of the uses thereof at one time |
Other structures or uses | For any and all uses or structures not specifically provided for in the foregoing, such parking spaces as the City Administrator or designee shall determine to be necessary considering all the parking generating factors involved |
h. Purpose Of Off Street Loading And Unloading Regulations: The regulations and requirements set forth in this section are to alleviate or prevent congestion of the public right-of-way so as to promote the safety and welfare of the public. This section applies to loading and unloading facilities in all districts. If, in the application of the requirements of this section, a fractional number is obtained, one loading space shall be provided for a fraction of one-half (1/2) or more, and no loading space shall be required for a fraction of less than one-half (1/2).
(1) Location: All loading berths shall be located on the same lot as the building or use to be served. A loading berth shall be located twenty five feet (25') or more from the intersection of two (2) street right-of-way lines and at twenty five feet (25') from any property line in which the abutting property is a residential use. Loading berths shall not occupy any yard requirements bordering a street.
(2) Size: Unless otherwise specified, a required loading berth shall not be less than twelve feet (12') in width and twenty five feet (25') in length. All loading berths shall maintain a height of fourteen feet (14') or more.
(3) Access: Each loading berth shall be located with adequate means of access to a public street or alley in a manner which will least interfere with traffic.
(4) Surfacing: All loading berths and access ways shall be improved with a durable material to control dust and drainage.
(5) Accessory Uses: Any area allocated as a required loading berth or access drive so as to comply with the terms of this chapter shall not be used for the storage of goods, inoperable vehicles nor be included as a part of the area necessary to meet the off-street parking area.
i. Number Of Required Loading Berths: The City Engineer shall determine the number of loading spaces, if any, required for each business or structure. The following criteria shall be used to make this determination:
(1) The size of both the building and parking areas.
(2) The volume of materials delivered to the building.
(3) The requirement that no delivery trucks shall need to back into or park in a public street or near pedestrian walkway or entrance.
(4) The traffic flow both on site and in respect to adjacent public streets.
B. Motor Fuel Stations: Motor fuel stations in all districts shall be subject to the following standards:
1. The setback of any overhead canopy or weather protection, freestanding or projecting from the station structure, shall be not less than ten feet (10') from the street right-of-way line, nor less than twenty feet (20') from an adjacent property line.
2. Open/dead storage of motor vehicles, other than motor vehicles for rent, shall not be permitted for a period of more than seven (7) days, unless screened from public view.
3. No sales of motor vehicles or trailers or campers shall be permitted.
4. Each motor fuel station shall be architecturally designed so as to be as compatible as possible with the general architectural intent of the area in which it is located.
5. For the purpose of architectural appropriateness, each and every side of a motor fuel station shall be considered as a front face.
6. The entire motor fuel station site, other than that part devoted to landscaping and structures, shall be surfaced with concrete or bituminous surfacing to control dust and provide adequate drainage, and such surfaces shall be designed to meet the requirements of a minimum four (4) ton axle load.
7. Wherever a motor fuel station abuts a residential R district, a fence or compact evergreen hedge not less than fifty percent (50%) opaque, nor less than six feet (6') high, shall be erected and maintained along the side and rear property line that abuts the residential R district. Application of this provision shall not require a fence within fifteen feet (15') of any street right-of-way line.
8. All trash, waste materials and obsolete automobile parts shall be stored within a separate enclosure near the principal structure of the motor fuel station. Trash or recycling receptacles located between fuel pumps shall be allowed.
9. All interior curbs shall be constructed within the property lines to separate driving and parking areas from landscaped area. Such curbing shall be constructed of concrete and shall be of six inch (6") nonsurmountable design, except where allowed otherwise by the City Engineer.
10. All rental campers, trailers or motor vehicles shall be stored within the rear and/or side yard not adjacent to the street. Said rentals shall not be stored within the front yard setback nor the side yard adjacent to the street.
11. All outdoor illumination shall be provided with lenses, reflectors or shades which will concentrate the light upon the premises so as to prevent any undue glare or rays of light therefrom being directly visible upon any adjacent street, roadway or property occupied for residential purposes.
12. Notwithstanding anything to the contrary in other sections of this chapter, the following minimum requirements shall be observed as minimum property line setbacks for motor fuel stations:
Pump Setback | |
Motor fuel station | 25 feet |
Truck stop | 30 feet |
C. Planned Unit Development:
1. Purpose And Intent: The purpose of a planned unit development (PUD) is:
a. To encourage a more creative and efficient development of land and its improvements than is possible under the more restrictive application of zoning requirements such as lot sizes and building setbacks, while at the same time meeting the standards and purposes of the Comprehensive Plan and preserving the health, safety and welfare of the citizens of Little Falls.
b. To allow for a mixture of residential units in an integrated and well-planned area.
c. To ensure concentration of open space into more usable areas and the preservation of natural resources of the site including wetlands, woodlands, steep slopes and scenic areas.
d. Facilitate the economical provision of streets and public utilities.
e. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments.
f. Promotion of a desirable and creative environment that might be prevented through the strict application on zoning and subdivision regulations of the City.
2. General Requirements: The City may approve a planned unit development (PUD) only if it is found that the development satisfies all of the following standards:
a. Comprehensive Plan Conformance: The proposed planned unit development (PUD) is in conformance with the Comprehensive Plan. At a minimum, the City shall find that the planned unit development (PUD) does not conflict with the Comprehensive Plan with regard to the following:
(1) The use will not create an excessive burden on existing parks, schools, streets, and other public facilities and utilities, which serve or are proposed to serve the area.
(2) The use is reasonably related to the overall needs of the City and is compatible with the surrounding land use.
(3) The planned unit development (PUD) is an effective and unified treatment of development possibilities on the project site and the development plans provide for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas where feasible and appropriate, as determined by the City.
(4) The uses proposed will not have an undue and adverse impact on the reasonable enjoyment of neighboring property, and will not be detrimental to surrounding uses.
b. Development Criteria: The planned unit development (PUD) meets or exceeds the following development criteria:
(1) A minimum of two (2) or more principal structures is proposed.
(2) The tract is at least two (2) acres in size.
c. Uses: The uses within the PUD shall not be inconsistent with the uses allowed in the underlying primary zoning district.
d. Existing Development: The planned unit development (PUD) can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site.
e. Phases: Each phase of the proposed development is of sufficient size, composition, and arrangement so that its construction, marketing, and operation are feasible as a complete unit and that provision for and construction of dwelling units and common open space are balanced and coordinated. In addition, the total development is designed in such a manner as to form a desirable and unified environment within its own boundaries.
f. Financing: Financing is available to the applicant on conditions and in an amount which is sufficient to assure completion of the planned unit development (PUD). To evidence this finding, a written statement of financial feasibility, which is accepted by the City, shall be submitted by the applicant.
g. Control: An individual or legal entity has been designated by the property owner(s) to be in control of the development.
h. Architectural Diversity: The planned unit development (PUD) provides for architectural diversity by way of varied building types and exterior building design.
i. Underground Utilities: In any planned unit development (PUD), all utilities, including but not limited to, telephone, electricity, gas and cable television shall be installed underground.
j. Roadways, Private:
(1) Single Ownership: Private roadways shall only be allowed within a planned unit development (PUD) if the property remains under the ownership of a single person, persons or other legal entity; they shall not be allowed where the planned unit development (PUD) involves individual lots that can be owned by different parties or where a homeowner association owns the parcel containing the roadway.
(2) Design: Private roadways within the project shall have an improved surface to twenty eight feet (28') or more in width and shall be so designed as to permit the City fire trucks to provide protection to each building.
(3) Parking: No portion of the required private road system may be used in calculating required off street parking space or be used for parking.
k. Landscaping: In any planned unit development (PUD), landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with sizes and species indicated as part of the final plan. In assessing the landscaping plan, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the planned unit development plan.
l. Public Service: The proposed project shall be served by the City water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection.
m. Refuse: Provision for trash pickup shall be provided according to a plan approved by the City Council.
n. Best Management Practices: All planned unit developments shall meet the requirements of the City's stormwater ordinances and where appropriate, incorporate Best Management Practices for stormwater management, subject to review by the City Engineer and Planning Commission and approval of the City Council.
o. Sidewalks And Trails: Except as otherwise determined by the City Council, concrete sidewalks not less than five feet (5') in width and/or bituminous trails not less than eight feet (8') in width shall be provided in accordance with the City's sidewalk and trails map.
p. Development Agreement: Prior to a rezoning or the issuance of a building permit as part of a planned unit development (PUD), the developer shall execute a development agreement with the City. The agreement shall detail all use restrictions and required improvements conditional to the planned unit development (PUD) rezoning or conditional use permit approval. The agreement shall provide for the installation within one year of the off- site and on-site improvements as approved by the City Council, to ensure the City that such improvements will be actually constructed and installed according to specifications and plans approved by the City as expressed in such agreement. The amount of the financial guarantee shall be one and one-half (11/2) times the estimated cost of the improvements as determined by the City.
3. General Standards For Common Open Space: No open area may be accepted as common open space under the provisions of this chapter unless it meets the following standards:
a. The location, shape, size, and character of the common open space must be suitable for planned development. At a minimum, fifty percent (50%) of the total area of the property involved in the planned unit development shall be preserved as open space, unless otherwise approved by the City Council, which shall take into consideration the dedication of any land as public park land.
Land within ten feet (10') of any structure and any roadway shall not be included in the computation of minimum open space. The City Council may also choose to not include areas as open space which do not serve the overall intent and purposes of the open space requirement.
b. Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering the size, density, expected population, topography, and the number and type of dwellings to be provided.
c. Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition.
4. Conveyance And Maintenance Of Common Open Space:
a. All land shown on the final plan as common open space must be conveyed under one of the following methods at the discretion of the City.
(1) It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures, or improvements which have been placed on it.
(2) It may be conveyed to a homeowner association (incorporated or non-incorporated) or trustee provided in an indenture establishing an association of similar organization for the maintenance of the planned development. The common open space must be conveyed to the party involved subject to covenants approved by the City Council which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.
b. If the common open space is conveyed to a private party and is not maintained properly to standards established by the City, the City shall have the authority to maintain the property and assess the costs back to said private party.
5. Enforcement Of Development Schedule/Planned Unit Development Staging: The construction and provision of all the common open spaces and public and private recreational facilities that are shown on the final development plan must proceed at the same rate as development. At least once every six (6) months following the approval of the final development plan, City staff shall review all of the building permits issued for the planned development and examine the construction that has taken place on the site. If it is found that the rate of development is faster than the rate at which common open spaces and public and private recreational facilities have been constructed and provided, this information shall be forwarded to the City Council, which may revoke the conditional use permit. If the developer or landowners fail to complete the open spaces and recreation areas within sixty (60) days after the completion of the remainder of the project, the City may finish the open space areas and assess the cost back to the developer or landowner.
6. Residential Density:
a. In order to encourage the protection of natural resources, to allow limited development in an area with unusual building characteristics due to subsoil characteristics or to encourage creative land use, a density transfer system may be allowed whereby lot sizes smaller than that normally required in a district will be allowed on the developable land in return for leaving the natural resource areas open from development. The number of dwelling units proposed for the entire site shall not exceed the total number permitted under the density indicated in the zoning district where the land is located.
b. The number of dwelling units which may be constructed within the planned unit development (PUD) shall be determined by dividing the gross acreage of the project area by the minimum allowable lot size for the underling primary zoning district. If the planned unit development (PUD) is in more than one underlying primary zoning district, the number of allowable dwelling units must be separately calculated for each zoning district and the allowable units located within their respective zoning districts, unless specifically approved otherwise by the City Council.
7. Residential Planned Unit Development/Conditional Use Permit Requirements:
a. Intent: It is the intent of this subsection C7 to establish special requirements for the granting of a conditional use permit for residential planned unit development (PUD) projects which are in compliance with the density, permitted and conditional uses allowed in a specific base district including dwellings, offices and institutional uses of one or more buildings in relation to an overall design and integrated physical plan.
b. Yards And Buildings:
(1) Setbacks, Periphery: The front and side yard restrictions at the periphery of the planned unit development (PUD) site at a minimum shall be the same as imposed in the respective districts, unless greater setbacks are required by the City to protect neighboring properties from negative effects that might otherwise occur.
(2) Setback, Front: For portions of buildings which face the interior of the development, no building shall be located less than twenty feet (20') from the road surface or back of the curb line (whichever is more restrictive).
(3) Building Spacing: Buildings within a planned unit development shall be spaced consistent with the minimum side yard setbacks of the underlying zoning district. This spacing shall not apply to individual units that share walls or are otherwise built as an integrated unit.
c. Townhouses, Cooperatives, Condominiums:
(1) Frontage: Minimum unit lot frontage for townhouses shall be not less than twenty four feet (24').
(2) Dwelling Unit: Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned.
(3) Building Facade Treatment: Facades greater than forty eight feet (48') in length shall incorporate wall plan projections or recesses having a depth of at least three feet (3') or more, unless specifically approved otherwise by the City Council.
8. Commercial And Industrial Planned Unit Development/Conditional Use Permit Requirements:
a. Intent: The intent of this subsection C8 is to establish special requirements for the granting of a conditional use permit to allow commercial or industrial planned unit development (PUD) projects which are in compliance with the permitted and conditional uses allowed.
b. Surfacing And Drainage:
(1) Surfacing: The entire site other than that taken up by buildings or landscaping shall be paved with concrete, bituminous or paving brick.
(2) Drainage: A drainage system subject to the approval of the City Engineer shall be installed.
c. Yards:
(1) Setbacks, periphery of entire development property: The front and side yard setbacks shall be the same as imposed in the underlying district.
9. Procedure For Processing A Planned Unit Development (PUD):
a. Stages Of Planned Unit Development (PUD): The processing steps for a planned unit development (PUD) are intended to provide for an orderly development and progression of the plan, with the greatest expenditure of developmental funds being made only after the City has had ample opportunity for informed decisions as to the acceptability of the various segments of the whole as the plan affects the public interest. The various steps represent separate applications for purpose of review, compliant with Minnesota Statutes 15.99, outlined in detail in the following sections:
(1) Pre-Application Meeting: Preliminary discussions.
(2) General Concept Plan Application: Consideration of overall concept and plan. The concept plan review is voluntary but strongly recommended.
(3) Development Stage Plan Application: One or more detailed plans as part of the whole final plan.
(4) Final Plan Application: The summary of the entire concept and each development stage plan in an integrated complete and final plan.
b. Pre-Application Review: Prior to the submission of any plan to the Planning Commission, the applicant shall meet with City staff to discuss the contemplated project relative to community development objectives for the area in question and to learn the procedural steps and exhibits required. This includes the procedural steps for a conditional use permit and a preliminary plat as necessary. The applicant is urged to avail himself or herself of the advice and assistance provided by City staff to facilitate the review of the proposed planned unit development (PUD).
10. General Concept Plan:
a. Elements Of Plan: The general concept plan provides an opportunity for the applicant to submit a plan to the City showing their basic intent and the general nature of the entire development before incurring substantial cost. This concept plan serves as the basis for public comment so that the proposal may be publicly considered at an early stage. The following elements of the proposed general concept plan represent the immediately significant elements which the City shall review and for which a decision shall be rendered:
(1) Overall maximum planned unit development density range.
(2) Location of major streets and pedestrian ways.
(3) Location and extent of public and common open space.
(4) Location of residential and nonresidential land uses with approximate type and intensities of development.
(5) Staging and time schedule of development.
(6) Other special criteria for development.
b. General Concept Plan Submission Information:
(1) General Information:
(A) Owner: The landowner's name, address and telephone number and interest in the subject property.
(B) Applicant: The applicant's name, address and telephone number if different from the landowner. The applicant may designate an agent to be contacted by the City, who may speak for the applicant.
(C) Consultants: The names and addresses of all professional consultants who have contributed to the development of the planned unit development (PUD) plan being submitted, including attorney, land planner, engineer, and surveyor.
(D) Title Of Applicant: Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned unit development (PUD), including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up- to-date certified abstract of title or registered property report, and such other evidence as the City Attorney may require to show the status of title or control of the subject property.
(2) Present Status Of Premises And Adjacent Properties:
(A) Description: The address and legal description of the subject property. A survey is required.
(B) Zoning: The existing zoning classification and present use of the subject property and all lands within five hundred feet (500') of the subject property.
(C) Map: A single reproducible map or aerial photograph at a scale of not less than one inch (1") equals one hundred feet (100'), depicting the existing development of the subject property, and all land within five hundred feet (500') thereof and showing the precise location of existing streets.
(3) Narrative Description: A written statement generally describing the proposed planned unit development (PUD) and the market which it is intended to serve, showing its relationship to the City's Comprehensive Plan and how the proposed planned unit development (PUD) is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the City.
(4) Site Conditions: Where deemed necessary by the City, graphic reproductions of the existing site conditions at a scale of not less than one inch (1") equals one hundred feet (100') shall be submitted and shall contain the following:
(A) Survey showing lot dimensions and existing easements and utilities.
(B) Contours, minimum two foot (2') intervals.
(C) Location, type and extent of tree cover.
(D) Slope analysis.
(E) Location and extent of water bodies, wetlands, streams and floodplains along with corresponding zoning overlays within three hundred feet (300') of the subject property.
(F) Existing drainage patterns.
(G) Vistas and significant views.
(H) Soil conditions as they affect development.
(I) All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference.
(5) Concept Drawing: Schematic drawing of the proposed development concept including, but not limited to, the general location of major circulation elements, public and common open space, residential and other land uses.
(6) Number Of Units: A statement of the estimated total number of dwellings and/or other units proposed for the planned unit development (PUD) and a tabulation of the proposed approximate locations of land use expressed in acres and as a percent of the total project area, which shall include at least the following:
(A) Area devoted to residential uses.
(B) Area devoted to residential use by building or structure or use type.
(C) Area devoted to common open space.
(D) Area devoted to public open space.
(E) Approximate area devoted to streets.
(F) Approximate area, and potential floor area, devoted to commercial uses.
(G) Approximate area, and potential floor area, devoted to industrial or office uses.
(7) Staged Development: When the planned unit development (PUD) is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total planned unit development (PUD) public or common open space and dwelling units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage.
(8) Common Areas: When the proposed planned unit development (PUD) includes provisions for public or common open space or service facilities a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities is required. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted during the development stage.
(9) Covenants: General intent of any restrictive covenants that are to be recorded with respect to property included in the proposed planned unit development (PUD).
(10) Market Feasibility: Where deemed necessary by City staff a market feasibility study including an analysis of the proposal's economic impact on the City.
c. General Concept Plan Process:
(1) The developer shall submit five (5) copies of the general concept plan for distribution to the Planning Commission.
(2) The applicant or a representative thereof, shall appear before the Planning Commission in order to answer questions concerning the proposed development.
(3) Planning Commission shall review and make a recommendation to the City Council on the general concept plan.
(4) City Council reviews all recommendations and indicates its support or concerns about the general concept plan as presented or amended.
d. Optional Submission Of Development Stage Plan: In cases of single stage planned unit development (PUD) or where the applicant wishes to begin the first stage of a multiple stage plan for the proposed planned unit development (PUD) simultaneously with the submission of the general concept plan. In such case, the applicant shall comply with all the provisions of this chapter applicable to submission of the development stage plan. The Planning Commission and City Council shall consider such plans simultaneously and shall grant or deny development stage plan approval in accordance with the provisions of this section.
e. Effect Of Concept Approval: Planned unit development (PUD) concept approval only provides direction for the applicant to proceed to planned unit development (PUD), development stage plan submission. The concept plan approval does not convey any development rights or privileges to the applicants.
11. Development Stage Plan: Development stage plan submissions shall depict and outline the proposed implementation of the planned unit development (PUD) general concept stage. Information from the general concept stage may be included for background and to provide a basis for the submitted plan.
a. Application: Requests for planned unit development (PUD), development stage, as provided within this chapter, shall be filed on an official application form. Such application shall be accompanied by a fee as provided for by City ordinance. Such application shall also be accompanied by five (5) copies of detailed written and graphic materials fully explaining the proposed change, development or use, as follows:
(1) Zoning Required: Zoning classification required for development stage submission and any other public decisions necessary for implementation of the proposed plan.
(2) Site Plan/Preliminary Plat: Drawn to scale of one inch (1") equals one hundred feet (100') or less, containing the following information:
(A) Project Name: Proposed name of the development, which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in Morrison County where the subject property is situated.
(B) Survey: Property boundary lines and dimensions of the property and any significant topographical or physical features of the property. An accurate legal description of the entire area within the planned unit development (PUD), for which final plan approval is sought, correlated to the legal description defining use districts in this chapter.
(C) Preliminary Plat: Preliminary plat, if applicable, shall comply with all the performance standards of section 11.06 of this chapter.
(D) Buildings: The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area, of proposed buildings, and existing buildings which will remain, if any.
(E) Traffic Circulation: Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian and the total site coverage of all circulation elements.
(F) Sites Adjacent To DOT Right-Of-Way: Sites adjacent to Minnesota Department of Transportation right-of-way shall identify the right-of-way location, dimension from the center line of the highway to the Minnesota Department of Transportation right-of-way line, along with existing and proposed ingress and egress.
(G) Submission To DOT: Site adjacent to Minnesota Department of Transportation right-of-way shall be submitted to the Minnesota Department of Transportation for review and approval.
(H) Common Areas: Location, designation and total area of all common open space.
(I) Public Open Space: Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities.
(J) Location Of Existing Structures: The location, use and size of structures and other land uses on adjacent properties within one hundred feet (100') of the property boundaries.
(3) Residential Tabulation: A tabulation indicating the number of residential dwelling units by number of bedrooms and expected population/housing profile.
(4) Areas Of Use: A tabulation indicating the approximate gross square footage, if any, of commercial and industrial floor space by type of use.
(5) Architectural Plans: Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings and architectural guidelines for future development phases.
(6) Landscape Plan: A detailed landscaping plan including the type, size and quantity of all existing and proposed plantings.
(7) Grading And Drainage Plan: Preliminary grading and drainage plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan.
(8) Erosion Control: An erosion control plan acceptable to watershed management organization and any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures.
(9) Document Changes: A statement summarizing all changes which have been in any document, plan, data or information previously submitted, together with revised copies of any such document, plan or data.
(10) Preliminary Plat, If Applicable: A preliminary plat conforming to chapter 12 of this Code.
(11) Lighting Plan: A plan illustrating site lighting.
(12) Additional Data: Such other and further information as the City staff, Planning Commission or City Council shall find necessary for a full consideration of the entire proposed planned unit development (PUD) or any stage thereof.
b. Development Stage Plan Review Schedule:
(1) Filing: The applicant shall file the development stage application within six (6) months after concept plan review, together with all supporting data and filing fee, as established by fee schedule.
(2) Meeting With City Staff: It is recommended that the developer meets with City staff to discuss specific development plans prior to submitting the development stage plan.
(3) Staff Review/Technical Assistance Reports: Upon receipt of an application for a planned unit development (PUD), development stage plan, the request shall be referred to appropriate City staff to ensure that informational requirements are complied with. When all informational requirements have been complied with the request shall be considered officially submitted.
(4) Other Agency Review: When appropriate, the planned unit development (PUD) development stage plan application shall be forwarded to other special review agencies such as the Department of Natural Resources, soil conservation services, highway departments, or other agencies.
(5) Public Hearing: A public hearing shall be scheduled at a meeting of the Planning Commission pursuant to the time periods established by Minnesota Statutes 15.99.
(6) Planning Commission Questions: The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed development.
(7) Recommendations To City Council: The Planning Commission shall review said reports and plans and submit recommendations to the City Council. Such recommendations shall contain the findings of the Planning Commission with respect to the conformity of the development stage plan to the approved general concept plan. Should any changes be found to exist, the Planning Commission shall comment with respect to the merit or lack of merit of any departure of the development stage plan from substantial conformity with the concept plan and with respect to the compliance of the development stage plan with the provisions of this chapter and all other applicable Federal, State and local codes and ordinances. If the Planning Commission shall find conformity or any changes merit approval and the Planning Commission shall further find the development stage plan to be in all other respects completed and in compliance with this chapter and other applicable Federal, State and local codes and ordinances, it shall recommend approval. If the Planning Commission fails to act within the time specified herein, it shall be deemed to have recommended the plan for approval.
(8) Request On City Council Agenda: Upon receipt of the Planning Commission report and recommendation, the request shall be placed on the agenda of the next regularly scheduled meeting of the City Council. The Planning Commission must act and report its recommendations in a timely manner so that the City Council can act on the application within sixty (60) days of receipt of a complete application, unless the review period for the application has been extended pursuant to Minnesota Statutes 15.99.
(9) Development Agreement: The City Attorney shall prepare a planned unit development (PUD) development agreement which stipulates the specific terms and conditions approved by the City Council and accepted by the applicant. This agreement shall be signed by the Council President, City Administrator and the applicant within thirty (30) days of City Council approval of the development stage plan. Where the development stage plan is to be resubmitted or denied approval, the City Council action shall be by written report setting forth the reasons for its action. In all cases, a copy of the document evidencing City Council action shall be promptly delivered to the applicant.
(10) Limitation On Development Stage Plan Approval: Unless a final plan covering the area designated in the development stage plan as the first stage of the planned unit development (PUD) has been filed within six (6) months from the date the City Council grants development stage plan approval, or in any case where the applicant fails to file final plans and to proceed with development in accordance with the provisions of this chapter and/or an approved development stage plan, the approval shall expire. Upon application by the applicant, the City Council may at its discretion extend for not more than six (6) months, the filing deadline for any final plan when, for good cause shown, such extension is necessary. In any case where development stage plan approval expires, the City Council shall forthwith adopt a resolution repealing the general concept plan approval and the development stage plan approval for that portion of the planned unit development (PUD) that has received final plan approval and reestablishing the zoning and other ordinance provisions that would otherwise be applicable.
12. Final Plan: The final plan is to serve as a complete, thorough and permanent public record of the planned unit development (PUD) and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the planned unit development (PUD) process. It shall serve in conjunction with other City ordinances and the land use regulations applicable to the planned unit development (PUD). The final plan is intended only to add detail to, and to put in final form, the information contained in the general concept plan and the development stage plan and shall conform to the development stage plan in all respects.
a. Final Plan Submission Information: After review of a general concept plan for the planned unit development (PUD) and approval of a development stage plan for a section or sections of the proposed planned unit development (PUD), the applicant will submit the following materials for review by City staff prior to issuance of a building permit:
(1) Filing: Upon approval of the development stage plan within the time established by this chapter, the applicant shall file with the Zoning Administrator a final plan consisting of the information and submissions required by this chapter for the entire planned unit development (PUD) or for one or more stages. This application will be considered at the next possible regular Planning Commission meeting. No public hearing shall be required.
(2) Planning Commission Action: The findings and recommendation of the Planning Commission shall be forwarded to the City Council for consideration. If the Planning Commission fails to act within the time specified herein, it shall be deemed to have recommended the plan for approval.
(3) City Council Decision: Within sixty (60) days of receipt of a complete planned unit development (PUD) final plan application, unless the review period is extended in accordance with Minnesota Statutes 15.99, and receipt of the findings and recommendations of the Planning Commission, the City Council shall grant approval or denial of said request.
(4) Recording: The applicant shall cause the final plan, or such portions thereof as are appropriate to be recorded with Morrison County. The applicant shall provide the City with a signed copy verifying Morrison County recording within six (6) months from the date of approval.
(5) Building And Other Permits: Except as otherwise expressly provided herein, upon receiving notice from the Zoning Administrator that the approved final plan has been recorded and upon application of the applicant pursuant to the requirements of the City, City staff may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved final plan provided, however, that no such permit shall be issued unless City staff is first satisfied that the requirements of all codes and ordinances which are applicable to the permit sought, have been satisfied.
b. Limitation On Final Plan Approval: Within one year of the approval of a final plan for planned unit development (PUD), or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall automatically render the planned unit development (PUD) permit, and all approvals of the planned unit development (PUD) plan and the area encompassed within the planned unit development (PUD) void. The property shall thereafter be subject to those provisions of this Code, applicable in the district in which it is located. In such case, the City Council shall forthwith adopt a resolution repealing the planned unit development (PUD) permit and all planned unit development (PUD) approvals and reestablishing the zoning and other ordinance provisions that would otherwise be applicable. The time limit established by this section may, at the discretion of the City Council, be extended for not more than one year by resolution duly adopted.
13. Coordination With Subdivision Resolution Regulations:
a. It is the intent of this chapter that subdivision review under chapter 12 of this Code be carried out simultaneously with the review of a planned unit development (PUD) under this chapter.
b. The plans required under this section must be submitted in a form which will satisfy the requirements of chapter 12 of this Code for the preliminary and final plats required under those regulations.
14. Planned Unit Development (PUD) Review And Amendments:
a. Annual Review: City staff and the Planning Commission shall review all uncompleted planned unit developments (PUD) within the City by March 1 of each year and shall make a report to the Planning Commission and City Council on the status of the development in each of the planned unit developments. If the Planning Commission finds that development has not occurred within one year after the original approval of the conditional use for the planned unit development (PUD), the Planning Commission may recommend that the City Council revoke the approval of the planned unit development.
b. Amendments To The Planned Unit Development (PUD):
(1) Amendment Required: Any deviation or modification from the terms or conditions of an approved planned unit development (PUD), or any alteration in a project for which a planned unit development (PUD) has been approved, shall require an amendment of the original planned unit development (PUD). An application for an amendment specifying the proposed alteration shall be submitted to the City, together with a fee as provided for by resolution.
(2) Action By The Planning Commission And City Council: The same application and review procedure shall be followed with respect to the applicant's initial request.
D. Fallout And Blast Shelters:
1. Purpose of this subsection is to establish provisions to permit the construction and maintenance of fallout and blast shelters. Fallout or blast shelters are permitted as principal or accessory uses and structures in any district, subject to the yard regulations of the district. Such shelters may contain or be contained in other structures, or may be constructed separately and, in addition to shelter use, may be used for any principal or accessory use permitted in the district, subject to the district regulations on such use, but shall not be used for principal or accessory uses prohibited expressly or by implications in the district.
2. The City Council may permit a fallout or blast shelter to be used also for other purposes which are permitted, conditional or accessory uses in the district in which the shelter is located, if the City Council finds that all of the general requirements of this chapter concerning such uses are satisfied, and in addition establishes:
a. The use other than as a shelter is compatible with the shelter proposed.
b. The function as a shelter would not be materially impaired by the proposed use.
c. If a conditional use permit is required, this permit would have been granted regardless of whether the shelter was involved.
E. Access Driveways:
1. The purpose of this subsection is to establish minimum standards for the design of safe ingress and egress for uses oriented to serving the motoring public, but not including parking lots.
2. The distance from a driveway to the intersection of two (2) streets shall not be less than twenty feet (20') measured along the curb line with the property line and the point of tangency of the curb lines with the curb return of the driveway; provided, however, that if, in the opinion of the City Engineer, present or future traffic conditions warrant greater or lesser distances, such greater or lesser distances shall be required subject to the approval by the City Council.
3. The minimum distance between driveways shall be twenty feet (20') measured at the property or street right-of-way line; provided, however, that if, in the opinion of the City Engineer, present or future traffic conditions warrant greater distances, such greater distances shall be required subject to approval by the City Council.
4. The minimum driveway angle to the street shall be seventy five degrees (75°), unless otherwise recommended by the City Engineer and approved by the City Council.
5. The distance from a driveway to the property line of an adjacent property shall not be less than five feet (5') measured along the curb line between the point of intersection of the curb line with the property lines extended and the point of tangency of the curb line with the curb return of the driveway unless otherwise recommended by the City Engineer and approved by the City Council.
6. Access driveways, shall be thirty feet (30') wide measured along the property line between the curb faces of the driveway, unless otherwise recommended by the City Engineer and approved by the City Council.
F. Additional Requirements, Exceptions And Modifications: The requirements and regulations specified heretofore in this chapter shall be subject to the following:
1. Height Limitations: Height limitations set forth elsewhere in this chapter may be increased as follows:
a. Heights in excess of those allowed under this subsection and other sections shall be permitted only by conditional use permit granted by motion of the City Council determining that such structure would not be dangerous and would not adversely affect adjoining or adjacent property.
b. On any lot sloping downhill from the street, which has an average ground slope on that portion of the lot to be occupied by the main building of twenty five percent (25%) or more (measured in the general direction of the side lot lines), an additional twelve feet (12') of height may be permitted in such main building, provided the lowest floor shall not be less than ten feet (10') below the average established property line grades along the front of the lot. The floor of the basement shall be considered the lowest floor and a cellar floor shall not be counted.
2. Yard Requirements:
a. Buildings may be excluded from side yard requirements if party walls are utilized or if the adjacent buildings are planned to be constructed as an integral structure.
b. Required yards in the districts specified shall be subject to the following additional requirements:
(1) Through lots in any district shall have a required front yard on each street.
(2) In the business B and industrial I districts, where the average depth of at least two (2) existing front yards for buildings, within the same block front of the lot in question is less or greater than the minimum front yard depth of such existing front yards, required front yards shall not be less than the average depth of such existing front yards, however, notwithstanding the foregoing, in no case shall the depth of a front yard be reduced by this section to below twenty feet (20').
(3) In any residential R district, where the average depth of at least two (2) existing front yards for buildings within the same block front of the lot in question is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yard, however, notwithstanding the foregoing, in no case shall the depth of a front yard be reduced by this section to below fifteen feet (15').
G. Outdoor Boilers:
1. The purpose of this subsection is to establish minimum standards for the placement and safe use of outdoor boilers.
2. Outdoor boilers are permitted in any zoning district but must meet the requirements of this subsection, except they may not be placed in the following zoning districts: Central Business District B-1 and Noncentral Business District B-2.
3. Outdoor boilers permitted in other zoning districts must:
a. Be installed on a lot in area of five (5) acres or more; and
b. Be set back from the nearest property line by at least two hundred feet (200'); and
c. Burn only firewood or untreated lumber, no other biomass material is allowable; and
d. Be operated only between the days of October 1 and May 1; and
e. Be equipped with a properly functioning spark arrestor; and
f. The chimney shall extend a minimum of at least fifteen feet (15') above the ground surface, but shall also extend at least as high as the height of the roofs of residents within five hundred feet (500').
4. All outdoor boilers will require a conditional use permit before they are constructed.
H. Street Side Ground Floor Dwelling Units:
1. A "street side ground floor dwelling unit" is defined as a dwelling unit contained within a larger building structure which is designed or used for purposes of permanent or temporary residency and is located within the Central Business District B-1 whereby any part of the exterior wall of the dwelling unit is adjacent to any street, avenue or alley.
2. Street side ground floor dwelling units shall not be permitted in any structure located within the historic or preservation landmark districts, exhibit B on file in the City. All street side ground floor dwelling units in existence prior to April 1, 2010, are grandfathered in and will be allowed to continue with the parameters of a legal nonconforming use.
3. Street side ground floor dwelling units shall be permitted by a conditional use permit in any Central Business District B-1 other than the historic or preservation landmark districts, provided:
a. At least one off-street parking space must be provided for each dwelling unit. The parking space must be available twenty four (24) hours each day and be located on the same parcel as the dwelling unit.
b. Usable space in the dwelling unit shall be not less than two hundred (200) square feet in area per occupant and have one kitchen sink, one water closet, one lavatory, and one bathtub or shower. Kitchens and uninhabitable spaces shall not be used for sleeping purposes. Each sleeping area or room shall have at least one operable emergency escape and rescue opening. Such opening shall open directly into a public street, public alley, yard or court. The openings shall meet all the requirements for emergency escape and rescue openings set forth in section R310 of the current Minnesota State Building Codes.
c. No less than one exit door must be provided to each dwelling unit. The exit door shall provide for direct access from the dwelling to the exterior without traveling through any other dwelling unit or occupancy. The required exterior exit door shall be a side hinged door not less than three feet (3') in width and six feet eight inches (6'8") in height.
d. All changes in occupancy must meet the current Minnesota Building Code requirements. Dwelling unit separation from all existing occupancies must be reviewed for fire resistance rated separation and opening protectives by a Minnesota licensed engineer or architect.
e. The exterior appearance of the building shall maintain a commercial appearance. Storefront windows shall be covered on the interior side with translucent or opaque materials that have a commercial appearance. Deliveries to street side ground floor dwelling units shall not be permitted on the exterior of the building.
f. There shall be no existing violations currently on file with respect to subject property, which have not been removed or remedied to the satisfaction of the Zoning Administrator. However, an applicant may be required by the City Council to remove or remedy said violation as a condition of securing a conditional use permit.
g. For each block in the Central Business District B-1 Zoning District, the maximum percentage of commercial structures which may be converted to provide residence facilities on the same floor as a commercial business is twenty percent (20%). For the purpose of this chapter, a percentage greater than the above shall be construed as detrimental and threatening to the existing character, health, safety, and welfare of the district.
h. The City Council may impose additional reasonable conditions in order to protect the intent and purpose of this option in the Central Business District B-1.
i. All requirements, changes and conditions imposed by the City Council shall be met before occupancy of the newly created residential unit is allowed. (Ord. 96, 6th Series, eff. 9-5-2017)
I. Portable Storage Unit:
1. Requirements For Placement And Use Of Portable Storage Units:
a. No more than two (2) portable storage units may be located on a legal lot of record at any one time. For the purposes of this requirement, adjacent lots of record under common ownership shall be considered on legal lot of record.
b. Minimum property line setbacks for portable storage units shall be the same as required by this chapter for accessory structures in the zoning district where the unit is placed or five feet (5'), whichever is greater.
c. Portable storage units shall be placed on firm, level ground such that there is not a reasonable possibility of sliding, tipping or sinking.
d. Portable storage units shall not be placed:
(1) In a public right-of-way, except when on a trailer designed and maintained for the legal transport of such units;
(2) In a location where it would block the view of motorists at street intersections. At a minimum, units shall not be placed within twenty five feet (25') of the point where two (2) street rights-of-way intersect;
(3) In off-street parking spaces, unless such spaces are unnecessary to meet the requirements of this section;
(4) On any residential property which does not already have a dwelling on the property, except when allowed under during active construction of a dwelling.
(A) This restriction shall not apply when the portable storage unit is on a property adjacent to another property under common ownership which has a dwelling;
(5) Within five feet (5') of any other portable storage unit. Units may not be stacked vertically.
e. Portable storage units shall not:
(1) Be used for human occupancy;
(2) Be connected to a power source, except temporarily by extension cord, or to sewer or to a water source;
(3) Be used for containment of solid waste or debris in an amount which may attract rodents or otherwise create a public health hazard.
f. Portable storage units shall not be counted as impervious coverage for the purposes of this chapter, provided they are on a site temporarily as regulated in this section.
g. The applicant, as well as the supplier, shall be responsible for ensuring that the portable storage unit meets all State or Federal laws which may apply and that it is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times.
h. In residential zones, portable storage units are allowed on a parcel for up to sixteen (16) calendar days in a calendar year. In the event of a change of ownership or tenant, any portable storage unit placement prior to the change in ownership or tenant will not count toward the sixteen (16) days limit.
2. Exemptions: The following portable storage units are exempt from the requirements of this section:
a. Portable storage units which are entirely contained within a building shall be exempted from these regulations.
b. In cases of casualty damage to a property, the Zoning Administrator may issue a permit for the placement of a portable storage unit for periods of up to one hundred eighty (180) days. If a unit is necessary for longer than one hundred eighty (180) days due to the casualty damage, such use must be approved by the City Council.
c. Portable storage units which are placed on any property which is engaged in active construction that has been authorized by a building permit or is otherwise allowed by ordinance.
d. Portable storage units for sale or rent or awaiting services which are located on premises owned or leased by a person or business legally engaged in the sale, rental or service of such units. (Ord. 2, 7th Series, eff. 11-6-2017; amd. Ord. 25, 7th Series, eff. 6-14-2021)