CHAPTER 153: ZONING
Section
General Provisions
   153.001   Purpose and intent
   153.002   Scope, jurisdiction and interpretation
   153.003   Code Official; powers and duties
   153.004   Permits
   153.005   Reviews and approvals
   153.006   Enforcement
   153.007   Certificate of occupancy
   153.008   Definitions
Administration and Enforcement Generally
   153.020   Variances and appeals
   153.021   Amendments
   153.022   Zoning Map
   153.023   District boundaries
   153.024   Annexations
Conditional Use Permits
   153.035   Application
   153.036   Public hearing
   153.037   Report to Council
   153.038   Findings
   153.039   Fees
   153.040   Compliance
   153.041   Conditional use expiration
Districts and Uses
   153.055   Residential uses
   153.056   Commercial uses
   153.057   Downtown
   153.058   Allowable projections into yards
   153.059   Landscaping requirements
   153.060   Limited industrial
   153.061   Special industry district
   153.062   Industrial reserve
   153.063   Public district
   153.064   Agricultural district
Floodplain District
   153.075   Purpose and intent
   153.076   Statutory authorization
   153.077   Application
   153.078   Official Zoning Map
   153.079   Warning and disclaimer of liability
   153.080   Abrogation and greater restrictions
   153.081   Definitions
   153.082   Floodplain District establishment
   153.083   Floodplain District (FP)
   153.084   Floodplain evaluations in areas without detailed study
   153.085   Land subdivisions
   153.086   Public utilities, railroads, roads and bridges
   153.087   Manufactured (mobile) homes, manufactured home parks and recreational vehicles
   153.088   Administration
   153.089   Non-conforming uses
Planned Unit Development District
   153.100   Purpose
   153.101   Requirements
   153.102   Procedure
Off-Street Parking
   153.115   General
   153.116   Parking space requirements
   153.117   Parking stall dimensions
   153.118   Design of parking facilities
Loading and Unloading Areas
   153.130   Loading and unloading
   153.131   Central Business District special requirements
   153.132   Payment in lieu of private on-site parking
Sign Regulations
   153.145   Purpose
   153.146   Definitions
   153.147   General provisions
   153.148   Exempt signs
   153.149   Prohibited signs
   153.150   Permits
   153.151   Specific identification sign requirements
   153.152   Temporary signs
   153.153   Specific sign types
   153.154   Signs in development complexes
   153.155   Sign images
Supplementary Regulations
   153.170   Sewer and water systems
   153.171   Extraction of materials and minerals; open pits and impounding of waters
   153.172   Performance standards
   153.173   Grading and excavation regulations
   153.174   Additional requirements, exceptions and modifications
   153.175   Fences
Non-Conforming Lots, Uses and Structures
   153.190   Intent
   153.191   Non-conforming lots of record
   153.192   Non-conforming uses of land
   153.193   Non-conforming uses of structures
   153.194   Non-conforming structures
GENERAL PROVISIONS
§ 153.001 PURPOSE AND INTENT.
   The purpose of this chapter is to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within the city.
(Prior Code, § 11.01)
§ 153.002 SCOPE, JURISDICTION AND INTERPRETATION.
   (A)   General.
      (1)   The provisions of this chapter shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, parcel of land or sign within a jurisdiction, except work located primarily in a public way, public utility towers and poles, and public utilities unless specifically mentioned in this chapter.
      (2)   Where, in any specific case, different sections of this chapter specify different requirements, the more restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
      (3)   In fulfilling these purposes, this chapter is intended to benefit the public as a whole and not a specific person or class of persons. Although, through the implementation, administration and enforcement of this chapter, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the jurisdiction hereby shall not be enforceable in tort.
      (4)   If any portion of this chapter is held invalid for any reason, the remaining herein shall not be effected.
   (B)   Existing buildings and uses. Lawfully established buildings and uses in existence at the time of the adoption of this chapter shall be permitted to have their existing use or occupancy continued; provided, the continued use is not dangerous to life.
   (C)   Additions, alterations or repairs. Additions, alterations or repairs shall be permitted to be made to any building or use without requiring the existing building or use to comply with the requirements of this chapter; provided, the addition, alteration or repair conforms to that required for a new building or use.
   (D)   Maintenance. All buildings or uses, both existing and new, and all parts thereof, shall be maintained. The owner or designated agent shall be responsible for the maintenance of the buildings and parcels of land. To determine compliance with this section, the Code Official shall be permitted to cause any structure or use to be inspected.
   (E)   Moved or temporary buildings, structures and uses.
      (1)   Buildings or structures moved into or within the city shall comply with the provisions of this chapter for new buildings and structures.
      (2)   Temporary buildings, structures and uses such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for protection of the public shall be permitted to be erected; provided, a special approval is received from the Code Official for a limited period of time. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.
   (F)   Illegal uses. Uses that were illegally established prior to adoption of this chapter shall remain illegal.
   (G)   Interpretations.
      (1)   The interpretation and application of the provisions of this chapter shall be by the Code Official. An appeal of an interpretation by the Code Official shall be submitted to the Board of Adjustments and Appeals, which, unless otherwise provided, are authorized to interpret the code and such interpretation, shall be considered final.
      (2)   Uses are permitted within the various zones as described in this chapter and as otherwise provided herein.
      (3)   It is recognized that all possible uses and variations of uses that might arise cannot reasonably be listed or categorized. Mixed uses/sites or any use not specifically mentioned or about which there is any question shall be administratively classified by comparison with other uses identified in the zones described in this chapter. If the proposed use resembles identified uses in terms of intensity and character, and is consistent with the purpose of this chapter and the individual zone’s classification, it shall be considered as a permitted/non-permitted use within a general zone classification, subject to the regulations for the use it most nearly resembles. If a use does not resemble other identified allowable uses within the zone, it may be permitted as determined by the hearing body in a public hearing as an amendment to this chapter pursuant to § 153.020 of this chapter.
(Prior Code, § 11.02)
§ 153.003 CODE OFFICIAL; POWERS AND DUTIES.
   (A)   General. This section establishes the duties and responsibilities for the Zoning Code Official and other officials and agencies, with respect to the administration of this chapter. The Zoning Code Official and/or designee shall be referred to hereafter as “the Code Official”.
   (B)   Deputies. The Code Official may appoint such number of technical officers and other employees as shall be authorized from time to time. The Code Official shall be permitted to deputize such employees as may be necessary to carry out the function of this chapter.
   (C)   Liability.
      (1)   The Code Official, or designee, charged with enforcement of this chapter, acting in good faith and without malice in the discharge of the duties described in this chapter, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of the duties. A suit brought against the Code Official or employee because the act or omission performed by the Code Official or employee in the enforcement of any provision of the codes or other pertinent laws or ordinances implemented through the enforcement agency shall be defended by the city until final termination of the proceedings, and any judgments resulting therefrom shall be assumed by the city.
      (2)   This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this chapter.
   (D)   Cooperation of other officials and officers. The Code Official shall be authorized to request, and shall receive so far as required in the discharge of the duties described in this chapter, the assistance and cooperation of other officials of the city.
   (E)   Comprehensive Plan. The Code Official shall assist the Planning Commission in the development and implementation of the Comprehensive Plan.
(Prior Code, § 11.03)
§ 153.004 PERMITS.
   It is unlawful for any person to hereafter erect, alter, wreck or move any building or structure, or portions thereof, without first securing a building and/or zoning permit as required.
   (A)   Penalties. It shall be a misdemeanor for any contractor, property owner, tenant or other person to commence or constitute any work on any project for which a zoning permit is required and for which no permit has been granted by the city or the permit has been cancelled or a stop work order issued.
   (B)   Required permits. A zoning permit shall be required prior to construction, repair, or alteration of structures regulated by the Minnesota State Building Code, driveways, sidewalks, patio slabs, fences, decks, steps, porches and storage sheds. A zoning permit shall not be required for construction, repair, or alteration of swing sets, play equipment or structures used exclusively for providing shelter for pets.
   (C)   Fees. A fee for service shall be charged. All fees shall be set by the City Council and a schedule shall be made available at the office of the Code Official.
(Prior Code, § 11.04) Penalty, see § 10.99
§ 153.005 REVIEWS AND APPROVALS.
   The Code Official shall be authorized to undertake reviews, make recommendations and grant approvals as set forth in this chapter.
   (A)   Administrative reviews and permits. All departments, officials and employees who are charged with the duty or authority to issue permits or approvals shall issue no permit or approval for uses or purposes where the same would be in conflict with this chapter. Any permit or approval, if issued in conflict with this chapter, shall be null and void.
      (1)   Review of building permits. All applications for building permits and amendments thereto shall be submitted to the Code Official for review and approval prior to permit issuance. Each application shall include two sets of building plans and all data necessary to show that the requirements of this chapter are met.
      (2)   Site plan reviews. The Code Official shall receive all applications for site plan review for completeness and prepare submittals for review by the appropriate body.
      (3)   Conditional use permits. The Code Official shall receive all applications for conditional uses and variances as required by this chapter, review for completeness and prepare submittals for review by the appropriate body.
      (4)   Amendments. All requests for amendments or changes to the Comprehensive Plan, this chapter or zoning map shall be submitted to the Code Official for processing.
   (B)   Fees. A fee for service shall be charged. All fees shall be set by the City Council and a schedule shall be made available at the office of the Code Official.
   (C)   Expiration. Each license, permit or approval issued shall expire after 180 days if no work is undertaken or such use or activity is not established, unless a different time of issuance of the license or permit is allowed in this chapter, or unless an extension is granted by the issuing agency prior to expiration. Any work for which a zoning permit has been issued shall be completed according to the approved plans and specifications within one year following the issuance of the zoning permit, and if not so completed, the zoning permit shall automatically cancel.
   (D)   Validity of licenses, permits and approvals.
      (1)   For the issuance of any license, permit or approval for which the Commission or Board is responsible, the Code Official shall require that the development or use in question proceed only in accordance with the terms of the license, permit or approval, including any requirements or conditions established as a condition of issuance.
      (2)   Except as specifically provided for in this chapter and conditions of approval, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other required review or approval.
      (3)   Failure to comply fully with the terms of any permit, license or approval shall be permitted to be grounds for cancellation or revocation. Action to cancel any license, permit or approval shall be permitted to be taken on proper grounds by the Code Official. Cancellation of a permit or approval by the Commission or Board shall be permitted to be appealed in the same manner as its original action.
   (E)   Violations; unlawful acts. It shall be unlawful for any person to erect, construct, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or land or cause or permit the same to be done in violation of this chapter. When any building or parcel of land regulated by this chapter is being used contrary to this chapter, the Code Official shall be permitted to order the use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing the use to be continued. The person shall discontinue the use within the time prescribed by the Code Official after receipt of the notice to make the structure, parcel of land or portion thereof, comply with requirements of this chapter.
(Prior Code, § 11.05) Penalty, see § 10.99
§ 153.006 ENFORCEMENT.
   (A)   (1)   It shall be the duty of the City Administrator through appropriate staff and subordinates to enforce this chapter through proper legal channels.
      (2)   When any work shall have been stopped by the city for any reason whatsoever, it shall not again be resumed until the reason for the work stoppage has been completely removed.
   (B)   It shall be the duty of the City Attorney, when called upon by the City Administrator, to perform such duties as may be necessary to enforce the provisions of this chapter.
(Prior Code, § 11.06)
§ 153.007 CERTIFICATE OF OCCUPANCY.
   A certificate of occupancy shall be obtained before occupying or using any building or portion thereof if the building is hereafter erected or structurally altered, or the occupancy/use of any building or portion thereof is altered or changed.
   (A)   Sale of rental property. A certificate of occupancy shall be obtained when a residential rental property is sold and prior to the transaction closing. A fee, as set by resolution, shall apply to certificate of occupancies issued.
   (B)   Fees, inspections and reinspections. An inspection of a property will be performed as part of the initial fee, a reinspection fee, as set by resolution, shall apply to a second and subsequent reinspections if required.
   (C)   Owner contractors. An occupancy deposit, as set by resolution, shall be assessed with the building permit for all new residential construction when an owner (own contractor) is not using a state licensed contractor. This deposit will be forfeited if occupancy occurs prior to the certificate being issued.
   (D)   Temporary use permits. A temporary use permit may be requested for a period of 30 days with one 30-day extension possible if deemed appropriate by the Code Official. A deposit and fee will be set by resolution. The deposit will be forfeited if the certificate of occupancy is not obtained when the temporary use permit has expired.
   (E)   Enforcement. Loss of any deposit does not relieve the permit holder of legal enforcement provisions as set out in this chapter.
(Prior Code, § 11.07)
§ 153.008 DEFINITIONS.
   For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY BUILDING. An incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage.
   ACCESSORY USE. A use conducted on the same lot as the primary use of the structure to which it is related; a use that is clearly incidental to, and customarily found in connection with, the primary use.
   AGRICULTURE. The tilling of the soil, raising crops, farm animals, livestock, horticulture, gardening, beekeeping and aquaculture.
   ALLEY. Any public way or thoroughfare more than ten feet, but less than 16 feet, in width, which has been dedicated to the public for private use.
   ALTERATION. Any change, addition or modification in construction, occupancy or use.
   AMUSEMENT CENTER. An establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting galleries, table games and similar recreational diversions within an enclosed building.
   APARTMENT HOUSE. Any building or portion thereof which contains three or more dwelling units and, for the purpose of this chapter, includes residential condominiums.
   AUTOMOBILE REPAIR, MAJOR. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender, major engine and engine part overhaul, which is conducted within a completely enclosed building.
   AUTOMOBILE REPAIR, MINOR. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brakes, muffler, upholstery work, tire repair and change, lubrication, tune ups, transmission work, which is conducted within a completely enclosed building.
   AUTOMOBILE SELF-SERVICE MOTOR FUEL DISPENSING FACILITY. The portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into fuel tanks of motor vehicles by persons other than a service station attendant. Such an establishment shall be permitted to offer for sale at retail other convenience items as clearly secondary activity and shall be permitted also to include a free-standing automatic car wash.
   AUTOMOBILE WRECKING. See JUNK YARDS.
   BASEMENT. Any floor level below the first story in a building; except that, a floor level in a building having only one floor level shall be classified as a BASEMENT unless the floor level qualifies as a first story, as defined herein.
   BED AND BREAKFAST INN. A house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
   BOARD. The Board of Appeals and Adjustments.
   BOARDING HOUSE. A dwelling containing a single dwelling unit and not more than ten guestrooms or suites of rooms, where lodging is provided with or without meals, for compensation for more than one week.
   BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
   BUILDING CODE. The Minnesota State Building Code and supporting codes as adopted by the city.
   BUILDING HEIGHT. The vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building.
   BUILDING LINE. The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.
   BUILDING, MAIN. A building in which the principal use of the site is conducted.
   BUILDING, TEMPORARY. A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.
   BUSINESS OR FINANCIAL SERVICES. An establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service.
   COMMERCIAL, HEAVY. An establishment or business that generally uses open sales yards, outside equipment storage or outside activities that generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are lumber yards, construction specialty services, heavy equipment suppliers or building contractors.
   COMMERCIAL, LIGHT. An establishment or business that generally has retail or wholesale sales, office uses, or services, which does not generate noise or other impacts considered incompatible with less intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants.
   COMMERCIAL RETAIL SALES AND SERVICES. Establishments that engage in the sale of general retail goods and accessory services. Businesses within this definition include those that conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor “sidewalk” promotions); businesses specializing in the sale of either general merchandise or convenience goods.
   COMMUNITY WATER AND SEWER SYSTEM. Utilities systems serving a group of building, lots or an area of the city or more than 25 persons, with the design and construction of the utilities systems as approved by the city and the state.
   COMPREHENSIVE PLAN. The declaration of purposes, policies and programs for the development of the city.
   CONDITIONAL USE. A use that would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.
   CONDOMINIUM. A single-dwelling unit in a multi-unit dwelling or structure, that is separately owned and may be combined with an individual interest in the common areas and facilities of the property.
   CONFORMING USE. A use which is permitted by ordinance in the district within which located, but excluding a legal non-conforming use.
   CONGREGATE RESIDENCE. Any building or portion thereof which contains facilities for living, sleeping and sanitation, as required by this chapter, and may include facilities for eating and cooking, for occupancy by other than a family. A CONGREGATE RESIDENCE may be a shelter, convent, monastery, dormitory and fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses.
   CORNER LOT. A lot situated at the junction of and fronting on two or more streets.
   COURT. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
   CREMATORY. A furnace or establishment for the cremation of corpses.
   CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where no CURB LEVEL has been established, the city’s Public Works Department shall establish the curb level or its equivalent for the purpose of this chapter.
   DAY CARE HOME, FAMILY. A residence or portion of a residence licensed by the Department of Human Services under Ch. 9502 for no more than ten children at one time of which no more than six are under school age, and must meet Building Code requirements.
   DAY CARE, GROUP. Any residence or portion of a residence licensed by the Department of Human Services under Ch. 9502 for no more than 14 children at any time, and must meet Building Code requirements.
   DISTRICT. A section of the city for which the regulations governing height, area, use of buildings and premises are the same.
   DRIVEWAY. A private access road, the use of that is limited to persons residing, employed or otherwise using or visiting the parcel in which it is located.
   DWELLING, MULTIPLE UNIT. A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums or offered for rent.
   DWELLING, SINGLE-FAMILY. A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.
   DWELLING, TWO-FAMILY. A building designed or arranged to be occupied by two families living independently, with the structure having only two dwelling units.
   DWELLING, TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to roof with open space on at least two sides.
   EASEMENT. The portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The EASEMENT shall be permitted to be for use under, on or above the lot or lots.
   FAMILY. An individual or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.
   FARM ANIMALS. Animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. FARM ANIMALS are identified by three categories: large animals (e.g., horses and cattle); medium animals (e.g., sheep and goats); or small animals (e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons).
   FLOOR AREA, GROSS. The sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the centerline of dividing walls; this includes courts and decks or porches when covered by a roof.
   FLOOR AREA, NET. The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.
   FRONTAGE. The width of a lot or parcel abutting a public right-of way measured at the front property line.
   FUNERAL HOME/MORTUARY. An establishment where the dead are prepared for burial, kept before burial or cremation and where wakes and funerals may be held.
   GARAGE, PRIVATE. A building or portion of a building not more than 1,200 square feet in area, in which only private or pleasure-type motor vehicles used by tenants of the building or buildings on the premises are stored or kept.
   GARAGE, PUBLIC. Any premises, except those described as a private garage, used for storage or care of power driven or towed vehicles, or where any such vehicles are equipped for operation, repair or are kept for remuneration, hire or sale.
   GRADE. (Adjacent ground elevation.) The lowest point of elevation of the existing surface of the ground, within the area between the building and a line five feet from the building.
   HABITABLE SPACE (ROOM). Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered HABITABLE SPACE.
   HOME OCCUPATION. Any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or have any exterior evidence of the secondary use.
   HOUSEHOLD PETS. Dogs, cats, rabbits, birds and the like for family use only (non-commercial) with cages, pens and the like.
   JUNK YARD. Any building, structure, premises or place within the city at, upon or within which there is kept, stored or piled in quantities, whether temporarily, irregularly or continually, old, used or second hand material of any kind, including, but not limited to, the following: clothing; paper; bottles; vehicles not currently licensed; parts of motor vehicles; agricultural or construction equipment or parts thereof; building materials; or any other article which from its worn condition renders it practically useless for the purpose for which it was intended and which is commonly classed and referred to as junk.
   KITCHEN. Any room or portion of a room within a building designed and intended to be used for cooking or preparation of food.
   LANDSCAPING. The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers, this treatment shall be permitted also to include the use of logs, rocks, fountains, water features and contouring of the earth.
   LIVESTOCK. Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any hoofed animals.
   LODGING HOUSE. Any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise.
   LOT. One unit of a recorded plat or subdivision occupied or to be occupied by a building and its accessory buildings and including, as a minimum, such open spaces as are required under this chapter and having frontage on a public right-of-way.
   LOT AREA. The land area within the lot lines.
   LOT AREA PER FAMILY. The lot area required by this chapter to be provided for each family in a dwelling.
   LOT DEPTH. The mean horizontal distance between the mean front right-of-way and the mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
   LOT, DOUBLE FRONTAGE. An interior lot having frontage on two streets.
   LOT, INTERIOR. A lot other than a corner lot.
   LOT LINES. The lines bounding a lot, as defined herein.
   LOT WIDTH. The width of a lot is its own mean width measured at the building setback line.
   MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode is eight feet or more in body width, or 40 feet or more in body length, or when erected on site, 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein.
   MANUFACTURING, HEAVY. All other types of manufacturing not included in the definitions of light and medium manufacturing.
   MANUFACTURING, LIGHT. The manufacturing, compounding, processing, assembly, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.
   MANUFACTURING, MEDIUM. The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles.
   MOTEL, HOTEL. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
   NON-CONFORMING LOT. A lot whose width, area or other dimension did not conform to the regulations when this chapter became effective.
   NON-CONFORMING STRUCTURE. A building or structure or portion thereof lawfully existing at the time this chapter became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the zone in which it is located.
   NON-CONFORMING USE. A use that lawfully occupied a building or land at the time this chapter became effective, which has been lawfully contained and which does not now conform to the use regulation.
   OPEN SPACE. Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. OPEN SPACE shall be permitted to be devoted to landscaping, preservation of natural features, patios, recreational areas and facilities.
   PARK. A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.
   PARKING LOT. An open area, other than a street, used for the parking of automobiles.
   PARKING SPACE, AUTOMOBILE. A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.
   PERSON. A natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
   PLANNED UNIT DEVELOPMENT (PUD). A residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.
   PLOT PLAN. A plot of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets and other such information.
   POOLS (SWIMMIMG), HOT TUBS AND SPAS.
      (1)   BARRIER. A fence, a wall, a building wall of an above-ground swimming pool or a combination thereof, which completely surrounds the swimming pool and obstruct access to the swimming pool.
      (2)   POWER SAFETY COVER. A pool cover that is placed over the water area, and is opened and closed with a motorized mechanism activated by a control switch.
      (3)   PRIVATE SWIMMING POOL. Any structure that contains water over 24 inches in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with a residential occupancy and which is available only to the family and guests of the householder. This includes above-ground/on-ground pool, hot tub, in-ground pool or spas.
      (4)   PRIVATE SWIMMING POOL, INDOOR. Any private swimming pool that is totally contained within a private structure and surrounded on all four sided by walls of the structure.
      (5)   PRIVATE SWIMMING POOL, OUTSIDE. Any private swimming pool that is not an indoor pool.
   PRACTICAL DIFFICULTY. As used in connection with granting of a variance, the property owner (or applicant) proposes to use the property in a reasonable manner not permitted by this chapter; the plight of the owner (or applicant) is due to circumstances unique to the property not created by the owner (or applicant); and the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone shall not constitute a PRACTICAL DIFFICULTY if reasonable use for the property exists under the terms of this chapter. PRACTICAL DIFFICULTY also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Special consideration shall be given for earth sheltered construction as defined in M.S. § 216C.06, subd. 14, as it may be amended from time to time, when the construction is in harmony with the provisions of this chapter.
   PUBLIC IMPROVEMENT. Any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parking, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or for which the local government responsibility is established.
   PUBLIC SERVICES. Uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities.
   PUBLIC SWIMMING POOL. Any swimming pool other than a private swimming pool.
   PUBLIC UTILITY STATION. A structure or facility used by a public or quasi-public utility agency to store, distribute, generate electricity, gas, telecommunications and related equipment, or to pump or chemically treated water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
   PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
   PREMISES. A lot or plot with the required front, side and rear yards for a dwelling or other use as allowed under this chapter.
   RECREATION, INDOOR.
      (1)   An establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses.
      (2)   Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion picture theaters and related amusements.
   RECREATION, OUTDOOR. An area free of buildings, except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for recreational activities.
   RECYCLING FACILITY. Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials.
   REGISTERED DESIGN PROFESSIONAL. An architect or engineer registered or licensed to practice professional architecture or engineering as defined by statutory requirements of the professional registration laws of the state.
   RELIGIOUS, CULTURAL AND FRATERNAL ACTIVITY. A use or building owned or maintained by organized religious organizations or non-profit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.
   RENOVATION. Interior or exterior remodeling of a structure, other than ordinary repair.
   RESTAURANT. An establishment that sells prepared food for consumption. RESTAURANTS shall be classified as follows.
      (1)   RESTAURANT, FAST FOOD. An establishment that sells food already prepared for consumption, packaged in paper, Styrofoam or similar materials, and may include drive-in or drive-up facilities for ordering.
      (2)   RESTAURANT, GENERAL. An establishment that sells food for consumption on or off the premises.
      (3)   RESTAURANT, TAKE-OUT. An establishment that sells food only for consumption off the premises.
   SETBACK. The minimum required distance between the property line and the building line.
   SITE PLAN. A plan that outlines the use and development of any tract of land.
   STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except that, the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade, as defined herein, for more than 50% of the total perimeter or is more than 12 feet above grade, as defined herein, at any point, the usable or unused under-floor space shall be considered as a STORY.
   STREET. Any thoroughfare or public way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.
   STRUCTURE. That which is built or constructed, and edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
   SUBDIVISION. The division of a tract, lot or parcel of land into two or more lots, plats, sites or other divisions of land.
   USE. The activity occurring on a lot or parcel, for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.
   USE, ACCESSORY. A use clearly incidental or accessory to the principal use of a lot or a building located on the same lot as the primary use.
   USE, CHANGE OF. The change within a classified use of a structure or premises.
   USE, CONDITIONAL. A use permitted in a particular zoning district only upon showing that the use in a specified location will comply with all standards of this chapter for the location or operation of such use.
   USE, NON-CONFORMING. A use that lawfully occupied a building or land at the time this chapter became effective, which has been lawfully continued and which does not now conform to the use regulations.
   USE, PRINCIPAL. A use that fulfills a primary function of a household, establishment, institution or other activity.
   USE, TEMPORARY. A use that is authorized by this chapter to be conducted for a fixed period of time. TEMPORARY USES are characterized by such activities as the sale of agricultural products, contractors’ offices and equipment sheds, fireworks, carnivals, flea markets and garage sales.
   VARIANCE. A modification or variation of the provisions of this chapter, as applied to a specific piece of property; except that, modification in the allowable uses within a district shall not be considered a VARIANCE.
   YARD. Any space in the same lot with a building open and unobstructed from the ground to the sky.
   YARD, FRONT. A yard extending across the front of a lot between the side lot lines and lying between the rear property line and the nearest point of the building.
   YARD, REAR. A yard extending across the rear of the lot between the side lot lines and lying between the rear property line and the nearest point of the building.
   YARD, SIDE. A yard extending along the side of a lot between he front and rear lot lines and lying between the side property line and the nearest point of the building.
(Prior Code, § 11.08)
ADMINISTRATION AND ENFORCEMENT GENERALLY
§ 153.020 VARIANCES AND APPEALS.
   (A)   Application. Any person aggrieved by any order or decision of the Building/Zoning Administrator or other city staff enforcing the provisions of this chapter or desiring a variance from the literal provisions of this chapter, except those which relate to the use of a property other than the temporary use of a one-family dwelling as a two-family dwelling, may apply therefor and have the matter heard by the Board of Appeals and Adjustments in accordance with the provisions of state law and the city code.
   (B)   Procedure.
      (1)   Application for any variance or appeal permissible under the provisions of this section shall be made to the Board of Appeals and Adjustments in the form of a written application on such forms as required by the city. Upon receipt of any application, the Board of Appeals and Adjustments shall set a time and place for a public hearing before the Board on the application. At least ten days before the date of the hearing, a notice of the hearing shall be published once in the official newspaper.
      (2)   The Board of Appeals and Adjustments shall, thereupon, make its decision upon the application within 30 days of the public hearing, unless the Board specifically finds that additional time is needed to make its decision, but in any event the decision must be made within 60 days of the public hearing.
   (C)   Conditions for a variance.
      (1)   A variance shall be permitted only if it is established that it is in keeping with the spirit and intent of the general purpose of this chapter and that the strict enforcement of the provisions of this chapter would cause an undue hardship because of the circumstances unique to the individual property under consideration. In its consideration of the standards of practical difficulties or particular hardship and unique situation, the Board of Zoning Appeals and Adjustments shall require the presentation of evidence that:
         (a)   The property in question cannot be put to a reasonable use if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;
         (b)   The plight of the landowner is due to circumstances unique to the property that are not normally applicable to landholdings within the same district and that were not created by the landowner; and
         (c)   The variance, if granted, will not alter the essential character of the neighborhood and locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Special consideration shall be given for earth sheltered construction, as defined in M.S. § 216C.06, subd. 2, as it may be amended from time to time, when the construction is in harmony with the provisions of this chapter.
      (2)   A variance shall be granted only if the evidence, in the judgment of the Board of Appeals and Adjustments, sustains the conditions enumerated in division (C)(1) above. Variances from the provisions of this chapter shall be granted by the Board of Appeals and Adjustments only in accordance with the provisions of this section.
      (3)   Specific conditions and safeguards may be imposed upon the premises benefitted by the variance as considered necessary to prevent injurious effects upon other property in the neighborhood or upon public facilities and services. Violations of such conditions and safeguards shall constitute a violation of this chapter.
      (4)   No variance permitting the erection or alteration of a building shall be valid for a period longer than one year unless a building permit for the erection or alteration is issued and construction is actually begun within that period and is thereafter diligently pursued to completion.
(Prior Code, § 11.24) Penalty, see § 10.99
§ 153.021 AMENDMENTS.
   (A)   Application.
      (1)   This chapter may be amended whenever the public necessity and the general welfare require such amendment by following the procedure specified in this section.
      (2)   Proceedings for amendment of this chapter shall be initiated by:
         (a)   A petition of the owner or owners of the actual property;
         (b)   A recommendation of the Planning Commission; or
         (c)   By action of the Council.
      (3)   An application for an amendment shall be filed with the Zoning Administrator. All applications for changes in the boundaries of any zoning district which are initiated by the petition of the owner or owners of property, the zoning of which is proposed to be changed, shall be accompanied by a map or plat showing the lands proposed to be changed and all lands within 350 feet of the boundaries of the property proposed to be rezoned, together with the names and addresses of the owners of the lands in such area as the same appears on the records of the County Treasurer.
   (B)   Public hearing. Upon receipt in proper form of the application and other requested material, if required, the Planning Commission shall, in all cases, hold at least one public hearing in a location to be prescribed by the Planning Commission. At least ten days in advance of the hearing, notice of the time, place and purpose of such hearing shall be given in accordance with M.S. § 462.357, subd. 3, as it may be amended from time to time, or other applicable law.
   (C)   Authorization.
      (1)   Following the public hearing, the Planning Commission shall make a report of its findings and recommendations on the proposed amendment and shall file a copy with the Council and the Zoning Administrator within 60 days after the hearing. If no report or recommendation is transmitted by the Planning Commission within 60 days after the hearing, the Council may take action without awaiting the recommendation.
      (2)   Upon the filing of the report or recommendation, the Council may hold public hearings upon the amendment as it deems advisable. After the conclusion of the hearings, if any, the Council may adopt the amendment or any part thereof in such form as it deems advisable. The amendment shall be effective only if two-thirds of all the members of the Council concur in its passage.
   (D)   Fees. To defray the administrative costs of processing of requests for an amendment to this chapter, a fee shall be paid by the petitioner. The fee shall be determined by the Council.
(Prior Code, § 11.25)
§ 153.022 ZONING MAP.
   (A)   The location and boundaries of the districts established by this chapter are hereby set forth on the zoning map, and the map is hereby made a part of this chapter.
   (B)   (1)   The map shall be known as the “City of Luverne Zoning Map”.
      (2)   The map and all notations, references and date shown thereon are hereby incorporated by reference into this chapter and shall be made a part of it as if all were fully described herein.
   (C)   It shall be the responsibility of the Code Enforcement Official to maintain the map, and amendments thereto shall be recorded in the zoning map within 30 days after official publication of amendments. The official zoning map shall be kept on file in the City Hall.
(Prior Code, § 11.26)
§ 153.023 DISTRICT BOUNDARIES.
   (A)   The boundaries between districts are, unless otherwise indicated, the centerlines of streets, alleys or railroads rights-of-way or the lines extended or lines parallel or perpendicular thereto; or plot or lot lines; or fractional section lines of the United States public land surveys, as established by law.
   (B)   Where figures are shown on the zoning map between a street and a district boundary line, they indicate that the district boundary line runs parallel to the street centerline at a distance there from equivalent to the number of feet so indicated, unless otherwise indicated.
(Prior Code, § 11.27) (Ord. 272, Third Series, effective 3-10-2005)
§ 153.024 ANNEXATIONS.
   Any land annexed in the future into the city limits shall be placed in the R-R Residential-Reserve District, until placed in another district by action of the Council after recommendation of the Planning Commission unless otherwise specified in an annexation agreement and/or ordinance.
(Prior Code, § 11.28) (Ord. 312, Third Series, effective 12-10-2009)
CONDITIONAL USE PERMITS
§ 153.035 APPLICATION.
   (A)   Conditional use permits may be issued for any and only the uses or purposes for which such permits are required or permitted by provisions of this chapter.
   (B)   An application for a conditional use permit shall be filed with the Zoning Administrator on a form prescribed by the Council. The application shall be accompanied by such plans and elevations and site plans as prescribed by the Planning Commission. The Planning and Zoning Commission shall act on any application and substantiating data within 60 days after receipt of same.
(Prior Code, § 11.22)
§ 153.036 PUBLIC HEARING.
   (A)   Upon receipt in proper form of the application and other required material, the Planning Commission shall hold at least one public hearing in a location to be prescribed by the Planning Commission.
   (B)   At least ten days in advance of each hearing, notice of the time and place of the hearing shall be published in the official paper of the city.
   (C)   All property owners within 200 feet of the property for which a conditional use application has been filed shall be notified by U.S. mail as to the time and place of the public hearing.
   (D)   The applicant shall provide an abstract of all property owners within 200 feet.
(Prior Code, § 11.22)
§ 153.037 REPORT TO COUNCIL.
   (A)   For each application for a conditional use permit, the Planning Commission shall report (within 30 days) to the Council its findings and recommendations, including the stipulation of additional conditions and guarantees that the conditions will be complied with when they are deemed necessary for the protection of the public interest. Upon receipt of the report of the Planning Commission, the Council shall hold whatever public hearings it deems advisable and shall make a decision upon the proposal to grant or deny a conditional use permit.
   (B)   The applicant shall be notified in writing within 30 days of the Council’s decision to either grant or deny the conditional use permit.
(Prior Code, § 11.22)
§ 153.038 FINDINGS.
   No conditional use shall be recommended by the Planning Commission unless the Commission shall find:
   (A)   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
   (B)   The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area;
   (C)   Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
   (D)   Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use; and
   (E)   Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in a manner that no disturbance to neighboring properties will result.
(Prior Code, § 11.22)
§ 153.039 FEES.
   To defray administrative costs of processing requests for conditional use permits, a fee shall be paid by the applicant. The fee shall be established by the Council.
(Prior Code, § 11.22)
§ 153.040 COMPLIANCE.
   Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of the permit and of any conditions designated in connection therewith.
(Prior Code, § 11.22)
§ 153.041 CONDITIONAL USE EXPIRATION.
   Unless otherwise specified by the Council at the time it is authorized, a conditional use permit shall expire if the applicant fails to utilize the conditional use permit within one year from the date of its authorization.
(Prior Code, § 11.22)
DISTRICTS AND USES
§ 153.055 RESIDENTIAL USES.
   (A)   Residential uses.
      (1)   R-A: Residential/Agricultural District. This district is to accommodate existing agricultural uses until such time as this land is ready to be used in accordance with the Comprehensive Plan, and new housing developments that are intended to be restricted to low density single-family units.
      (2)   R-1: Single-Family Residential. Single-family detached dwellings are the primary land use in this district with twin homes and town homes permitted at a rate of no more than seven units per acre, and up to four units per town home. Attached housing shall be arranged horizontally.
      (3)   R-2: Multiple-Family Residential. Allowing the addition of a higher density housing to the R-1 District with eight to 16 units per acre density and up to eight units in a building and may be arranged horizontally or vertically.
      (4)   R-3: High Density Residential. Intended to accommodate multi-family densities exceeding 16 units per acre. Care shall be taken to allow for adequate traffic flow with increased densities and the impact on existing neighborhoods and streets.
         (a)   Permitted uses.
Residential Uses
R/A
R-1
R-2
R-3
Residential Uses
R/A
R-1
R-2
R-3
Agriculture limited
X
Family day care
X
X
X
X
Group day-care
X
Multi-family, limit 8 units
X
X
Multi-family, over 8 units
X
Public parks/recreation
X
X
X
Railroad R.O.W.
X
X
X
X
Single family
X
X
X
X
Town homes
X*
X
X
Twin homes
X
X
X
NOTES TO TABLE:
* Limited to 4 units per lot
 
         (b)   Accessory uses.
 
Accessory use
R-A
R-1
R-2
R-3
Garages, limited
X
X
X
X
Living unit for help
X
X
X
X
Storage buildings, limited
X
X
X
X
Swimming pools/private
X
X
X
X
 
         (c)   Conditional uses.
 
Conditional use
R-A
R-1
R-2
R-3
Bed and breakfast
X
X
X
Churches
X
X
X
Home occupation
X
X
X
X
 
      (5)   R-R Residential Reserve. This area is identified to be used for future residential development.
   (B)   Home occupations.
      (1)   General. Home occupations shall be permitted in all residential zones as a conditional use; provided, the home occupation is clearly and obviously subordinate to the main use of the dwelling unit for residential purposes. Home occupations shall be conducted wholly within the primary structure on the premises.
      (2)   Conditions.
         (a)   The home occupation shall not exceed 15% of the floor area of the primary structure.
         (b)   Other than those related by blood, marriage or adoption, no more than one person may be employed in the home occupation.
         (c)   Inventory and supplies shall not occupy more than 50% of the area permitted to be used as a home occupation.
         (d)   There shall be no exterior display or storage of goods on the premises.
         (e)   Home occupations involving beauty shops or barber shops shall require all Health Department and Plumbing Code approvals.
         (f)   Sales and services to patrons shall be arranged by appointment and scheduled so that not more than one patron vehicle is on the premises at the same time.
         (g)   Two additional parking spaces shall be provided on the premises, except only one need be provided if the home occupation does not have an employee. The parking shall comply with the parking requirements in this chapter.
   (C)   Residential; dimensional requirements, setbacks.
      (1)   Dimensional requirements.
 
Dimensional Requirements
R/A
R-1
R-2
R-3
Accessory, height
22’*
18’*
18’*
18’*
Accessory, stories
1.5
1.5
1.5
1.5
Maximum height, feet
30’
30’
45’
56’
Maximum height, stories
2.5
2.5
2.5
4
 
NOTES TO TABLE:
* For every foot or part thereof over 13’ in height the required setbacks shall be increased by 1 foot.
For this table, an accessory building is considered a storage shed or detached garage. This does not apply to structures attached to the principal building.
 
      (2)   Lot area requirements.
Lot Area Requirements
R/A
R-1
R-2
R-3
Lot Area Requirements
R/A
R-1
R-2
R-3
Allowable coverage *2
40%
40%
40%
40%
Area, over 2 units (per unit)
N/A
6,000
16,000*
16,000*
Area, single-family
22,000
7,000
7,000
7,000
Area, twin homes (per unit)
N/A
5,000
5,000
5,000
Lot depth
150’
100’
100’
100’
Minimum lot frontage
100’
70’
70’
70’
NOTES TO TABLE:
* For 3 unit dwelling plus 2,500 for additional dwellings
*2 Coverage includes hard surfaced parking areas
 
      (3)   Yard setbacks.
 
Principal Buildings
Yard Setbacks
R/A
R-1
R-2
R-3
Front arterial street
35’
35’
35’
35’
Other streets *1
25’*
25’*
25’*
25’*
Side *2
15’
5’
5’
5’*
Rear *3
50’
25’*
25’*
25’*
NOTES TO TABLE:
*1 If 75% or more of the frontage on the same side of the street between 2 intersecting streets is improved with buildings that have observed greater or lesser setbacks, then no new building or structure shall project beyond a straight line drawn between the closest front corners of the 2 nearest adjacent buildings. For corner lots, the principal building setback shall not be less than the average setback of 75% of the principal buildings that have the least amount of setback within the block; provided, the average setback does not vary more than 20% from the setback observed for the adjacent structure in the event the setback shall not be less than 80% of the adjacent principal building setback.
*2 Three or more units on the same lot the side yard requirements shall be 10% lot frontage. Note: side setback measured from property line or from any duly recorded easement line.
*3 In R-1, R-2 and R-3 the rear yard requirement is 20% of lot depth or 25’ whichever is greater.
 
   (D)   Residential; accessory structures and uses.
      (1)   Opt-out. Pursuant to authority granted by M.S. § 462.3593, subd. 9, as it may be amended from time to time, the city opts out of the requirements of M.S. § 462.3593, as it may be amended from time to time, which defines and regulates temporary family health care dwellings.
      (2)   Attached/detached accessory structures and uses.
         (a)   1.   Private garages and storage sheds provided that all garage and storage space, attached and detached, excluding storage space which is a part of the interior of the principal main building or structure including the basement and attic thereof, shall not exceed 1,200* square feet of floor space; provided also that any accessory building more than 120 square feet must have a minimum three-foot rise over a 12-foot distance pitched roof and a minimum six-inch eave and it must rest on a permanent foundation of wood or concrete material and is erected in its entirety in accordance with the state's Building Code and finished with comparable materials as the principal structure.
            2.   *Note to division (D)(2)(a)1., above: Allows up to 5% of lot square footage, with a maximum of 1,200 square foot attached and detached accessory structures not to exceed finished, above grade square footage of principal structure.
         (b)   All detached accessory structures shall be a minimum of ten feet from the principal building and three feet from all side yards and no closer than the back building line of the principal structure from the street.
         (c)   Maximum coverage of accessory structures in the rear yard shall be 30%.
         (d)   If the vehicle door faces an alley in an accessory structure it shall be set back 24 feet from the center of the alley.
         (e)   All R zones, both frontages on a corner lot, shall comply with front yard setback.
         (f)   Private swimming pools, when completely enclosed within a chain link or similar fence, having openings so that a one-half-inch sphere cannot pass through. The bottom of the fence shall be no higher than four inches above the ground. The fence must be six feet high and located at least four feet from the edge of the pool. Fence openings or points of entry to the pool area shall be equipped with self-closing and self-latching lockable gates.
(Prior Code, § 11.09) (Ord. 280, Third Series, effective 1-12-2006; Ord. 338, Third Series, effective 3-12-2015; Ord. 348, Third Series, effective 9-1-2016; Ord. 27, Fourth Series, effective 4-28-2022)
§ 153.056 COMMERCIAL USES.
   (A)   Commercial uses.
      (1)   H-C: Highway Commercial. Located along main traffic routes to accommodate larger volumes of traffic. Intended for service type uses such as automobile sales and service, drive-up establishments including restaurants and banks, commercial retail/service uses, such as insurance and real estate sales and lodging facilities.
      (2)   C-C: Community Commercial. Local service type uses such as insurance and banks, grocery and convenience stores and other uses that merchandise for sale or service. Care shall be taken to allow for traffic and parking required for these types of uses.
      (3)   N-C: Neighborhood Commercial. This district would accommodate low volume traffic uses that would have lesser impact on adjacent residential areas. These uses would tend to be non-retail low volume service uses.
      (4)   C-R: Commercial Reserve. This area is identified to be used for future commercial development.
      (5)   B: Business Park. Business Park Areas are planned land use to a higher standard to protect both the businesses and adjoining zones. Uses intended may be medical and related offices and support services. Wholesale, light manufacturing and processing, warehouses and offices. Limited commercial which supports the business park would require a conditional use permit. All storage is intended to be completely enclosed within a building.
Allowed Uses
H-C
C-C
B
N-C
Allowed Uses
H-C
C-C
B
N-C
Auto-fueling
X
X
Auto repair, major
X
Auto repair, minor
X
X
Business/financial services-offices
X
X
X
X
Commercial, light *
X
X
CU
CU
Lodging/hotel-motel
X
X
CU
Manufacturing, light
X
Medical/health services
X
X
X
CU
Public service/administration
X
X
X
X
R & D laboratories
X
Recreation, indoor/outdoor
X
X
 
Allowed Uses
H-C
C-C
B
N-C
Residential
CU
CU
CU
CU
Restaurant
X
X
CU
Retail sales and service
X
X
CU
 
   (B)   Commercial; dimensional requirements, setbacks.
      (1)   Dimensional requirements.
 
Dimensional Requirements
1 H-C
C-C
B
N-C
Accessory, height
15’
15’
15’
15’
Accessory, stories
1
1
1
1
Maximum height, feet
40’
40’
48’
24’
Maximum height, stories
3
3
4
2
Notes to table:
1: Observance of a greater height in stories and/or feet allowable through approval of a conditional use permit
 
      (2)   Lot area requirements.
 
Lot Area Requirements
H-C
C-C
B
N-C
Allowable lot coverage
   Buildings
50%
50%
40%
60%
   Hard surfaced area (building + paving)
80%
80%
60%
80%
Minimum frontage
100’
100’
100’
70’
Minimum lot area
10,000
10,000
10,000
7,000
Minimum lot depth
100’
100’
100’
100’
 
      (3)   Yard setbacks.
 
Yard setbacks
H-C
C-C
B
N-C
Front arterial street*
60’
60’
60’
35’
Other streets*
25’
25’
25’
25’
Rear
25’
25’
35’
25’
Side
15’
15’
15’
10%
 
(Prior Code, § 11.09) (Ord. 346, Third Series, effective 5-26-2016)
§ 153.057 DOWNTOWN.
   (A)   This zone reflects the unique mixture of uses in and around the downtown. A variety of uses fit including, community-scale retail, professional services, public/civic uses, parks, offices, dining and entertainment, banking, lodging and housing.
   (B)   All new buildings or substantially remodeled buildings shall require a conditional use. It must be shown that this use is compatible with the character and scale of the downtown area.
   (C)   Dimensional, lot area and setback requirements shall be judged on an individual basis as part of the conditional use application.
(Prior Code, § 11.09)
§ 153.058 ALLOWABLE PROJECTIONS INTO YARDS.
   (A)   General. Eaves, cornices or other similar architectural features shall be permitted to project into required yard no more than 12 inches. Chimneys or other cantilevered projections shall be permitted to project no more than two feet; provided, the width of any side yard is not reduced to less than three feet.
   (B)   Front yards. Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than six feet into the required front yard; provided, the porch does not extend above the first level and is no more than six feet above grade at any point.
   (C)   Rear yards. Windows shall be permitted to project into a required rear yard no more than 12 inches.
(Prior Code, § 11.09)
§ 153.059 LANDSCAPING REQUIREMENTS.
   (A)   General. Landscaping is required for all new buildings and additions over 500 square feet as defined in this section. The landscaping shall be completed within one year from the date of occupancy of the building.
   (B)   Front yards. Front yards required by this or other applicable codes shall be completely landscaped, except for those areas occupied by access driveways, walls and structures.
   (C)   Street-side side yards. All flanking street-side yards shall be completely landscaped, except for those areas occupied by utilities, access driveways, paved walks, walls and structures.
   (D)   Maintenance. All live landscaping required by this or other applicable codes shall be properly maintained. All dead or dying landscaping shall be replaced immediately and all sodded area mowed, fertilized and irrigated on a regular basis.
(Prior Code, § 11.09) (Ord. 272, Third Series, effective 3-10-2005)
§ 153.060 LIMITED INDUSTRIAL.
   (A)   I-1: Limited Industrial. The purpose of this district is to designate sufficient land for industrial development, to provide for expansion of the city’s tax base and accommodate needed employment. Only industrial developments which do not adversely affect adjacent business or residential districts are intended to be allowed. Industrial establishments should be either:
      (1)   Ones whose operations are relatively free from objectionable influences; or
      (2)   One whose objectionable features will be obviated by design or appropriate devices. In the interest of general health and welfare, residential and certain institutional uses are not intended to be permitted within this district.
   (B)   Permitted uses. The following uses shall be permitted within the I-1 Limited Industry District:
      (1)   Manufacturing. Any light manufacturing use or process including repairs, assembling, fabricating, altering, converting, finishing, processing, treating, testing, packaging or bottling; except any use or process hereinafter specifically excluded or which would not be in keeping with the purpose of the district as stated above. The determination shall be made by the Zoning Administrator upon review of the building permit application; and
      (2)   Warehousing, storage and wholesaling. The storage, handling, assembly and distribution of goods and materials for retail, wholesale or on-site use.
   (C)   Conditional uses. The following uses may be allowed in the I-1 Limited Industry District, subject to the provisions of §§ 153.035 through 153.041 of this chapter:
      (1)   General. Any permitted use in the I-2 District; provided that, any objectionable features normally associated with these uses, such as those deemed to be hazardous, offensive or objectionable by reason of odor, dust, cinders, gas fumes, noise, vibration, radiation, refuse matter or water-carried
waste, shall be treated, controlled or eliminated through design, mechanical devices, screen planting or walls or other measures as specified by the Planning Commission; and, provided that, the use and its day to day activity will not be hazardous, noxious or offensive;
      (2)   Heavy commercial/industrial. Other heavy commercial or industrial uses as determined appropriate by the City Planning Commission; and
      (3)   Residential. Dwellings for business owners and their families and such sleeping and boarding accommodations as are customarily incidental and necessary to a permitted use. Additions to existing buildings may be authorized where the number of families or the number of lodging accommodations is not increased.
   (D)   Accessory uses. The following uses are permitted only when auxiliary to a principal use permitted above; they may not exist as principal uses in their own stead:
      (1)   Any accessory use, building or structure customarily incidental to a principal use permitted above, and located on the same lot therewith;
      (2)   Specialized freight and yard equipment, private utility structures, secondary processing structures and similar specialized structures;
      (3)   Parking and loading facilities as regulated herein; and
      (4)   Signs as regulated herein.
   (E)   Special district provisions.
      (1)   Landscaping. All open areas of any site, lot, tract or parcel shall be graded to provide proper drainage, and except for areas used for parking, drives or storage, shall be landscaped with trees, shrubs or planted ground cover. It shall be the owner’s responsibility to see that this landscaping is maintained in an attractive and well-kept condition. All adjacent vacant lots, tracts or parcels under the same ownership shall also be properly maintained.
      (2)   Storage. All raw materials, supplies, finished or semifinished products and equipment shall be stored in an orderly manner with all materials stored in neat and well organized stacks, piles or other orderly method appropriate for the material. In no event shall junk, rubbish, debris, weeds or tall grass, by-products, salvage and inoperable equipment or any other material or matter not used in the normal course of business be allowed to accumulate, or become offensive in any manner, to any measurable degree whatsoever. The Council may require all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building or within the confines of a 100% opaque wall or fence not less than five feet high; provided, however, that, motor vehicles necessary to the operation of the principal use and of not more than three-quarter ton capacity may be stored within the permitted parking lot areas.
      (3)   Screening. All principal, accessory and conditional uses, except business signs, which are situated within 50 feet of a residential district, shall be screened and buffered from such district by a separation of open space which shall have a minimum depth of 30 feet and shall include a required fence or vegetation screening of not less than 90% opacity and not less than five feet nor more than seven feet in height above the level of the residential district property at the district boundary. Walls or fences of less heights or planting screens may be permitted by the Board of Adjustment, if there is a finding that the nature of extent of the use being screened is such that a lesser degree of screening will as adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or there is a finding that a screening of the type required by this chapter would interfere with provisions of adequate amounts of light and air to same properties. Loading docks in the I-1 District shall be screened so as not to be visible from any public street right-of-way within a residential district. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous or less opaque than when originally constructed.
   (F)   General regulations. Additional requirements for dimensional, signs, parking and other regulations in the I-1 Limited Industry District are set forth in this subchapter.
(Prior Code, § 11.09)
§ 153.061 SPECIAL INDUSTRY DISTRICT.
   (A)   I-2: Special Industrial. The purpose of this district is to designate sufficient land for industrial development and to provide attractive land for the purpose of expanding the city’s tax base and providing needed employment. This district shall accommodate a wide variety of industrial establishments which may operate to their maximum advantage without adversely affecting other nearby similar or dissimilar uses and activities.
   (B)   Permitted uses. The following uses shall be permitted within the I-2 General Industry District:
      (1)   General. Any industrial use which is not specifically prohibited herein or any industrial use not listed as a conditional use herein may be permitted; and
      (2)   Conditional uses. The following uses may be permitted in a I-2 General Industry District, subject to the provisions of §§ 153.035 through 153.041 of this chapter:
         (a)   Wrecking and salvage yards. Junk yard, including automobile wrecking and industrial metal and waste salvage, but not including refuse or garbage disposal, if located at least 200 feet from any residential district; provided, all operations are conducted within an area enclosed with a solid wall or uniform tight board fence, including gates, at least eight feet in height and the enclosure shall be properly maintained;
         (b)   Crematory. If located not less than 200 feet from any residence district;
         (c)   Railroad sidings. If located not less than 200 feet from any residence district; and
         (d)   Other uses. The following uses may only be authorized as a conditional use by the Council if located at least 400 feet from any residence district, and if the location of such use has been recommended by the Planning Commission after receiving reports from the Chief of the Fire Department and the state’s Pollution Control Agency.
            1.   Acid manufacture;
            2.   Cement, lime, gypsum or plaster of paris manufacture;
            3.   Distillation of bones, coal or wood;
            4.   Explosive manufacture or storage;
            5.   Fat rendering;
            6.   Fertilizer manufacture;
            7.   Garbage, offal or dead animals, reduction or dumping;
            8.   Gas manufacture;
            9.   Glue or gelatin manufacture;
            10.   Petroleum refining (including bulk storage);
            11.   Smelting of tin, copper, zinc or iron ores;
            12.   Manufacture of paint products, paper pulp, pyrexylin, inks, soap, tars, vinegars, salts;
            13.   Meat packing or processing plant;
            14.   Elevators or other grain storage facilities; and
            15.   Any other uses which, in the opinion of the Commission, is of similar character to those therein before described.
   (C)   Accessory uses. The following uses are permitted only when auxiliary to a principal use permitted above; they may not exist as principal uses: accessory uses as listed in the I-1 District.
   (D)   Special district provisions.
      (1)   Landscaping. All open areas of any site, lot, tract or parcel shall be graded to provide proper drainage, and except for areas used for parking, drives or storage, shall be landscaped with appropriate dust-free and attractive material. The landscaping shall conform with the development plan approved at the time the building permit was issued. It shall be the owner’s responsibility to see that the lot area is maintained in a well-kept condition. All vacant lots, tracts or parcels abutting and under the same ownership shall be properly maintained.
      (2)   Storage. All raw materials, supplies finished or semifinished products and equipment shall be stored in an orderly manner with all materials stored in neat and well organized stacks, piles or other orderly method appropriate for the material. In no event shall junk, rubbish, debris, weeds or tall grass, by-products, salvage and inoperable equipment or any other material or matter not used in the normal course of business be allowed to accumulate, or become offensive in any manner, to any measurable degree whatsoever. The Council may require all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building, or within the confines of a 100% opaque wall or fence not less than five feet high; provided, however, that, motor vehicles necessary to the operation of the principal use may be stored within the permitted parking lot areas.
      (3)   General regulations. Additional requirements for dimensional, signs, parking and other regulations in the I-2 General Industry District are set forth in other section of this chapter. Side yard setback requirements of 20 feet in industrial zones may be waived to a minimum of five feet (while meeting State Building Code requirements) with approval of the City Administrator and city’s Building/Zoning Official when a building is proved to require access to a rail spur for regular business operation. A RAIL SPUR is defined as a branch of railroad track extending from the main line. Additional requirements for dimensional, signs, parking and other regulations in the I-2 General Industry District are set forth in other sections of this chapter.
(Prior Code, § 11.09) (Ord. 280, Third Series, effective 1-12-2006; Ord. 298, Third Series, effective 8-21-2008)
§ 153.062 INDUSTRIAL RESERVE.
   This area is identified to be used for future industrial development.
§ 153.063 PUBLIC DISTRICT.
   (A)   P: Public. This district is intended to provide a procedure for the orderly establishment of public and institutional facilities, expansion of their operations or changes in the use of lands and facilities owned by governmental agencies.
   (B)   Permitted uses. The following uses are permitted within the P Public District:
      (1)   Cemeteries;
      (2)   Governmental buildings, community center buildings, public libraries, institutional buildings, and other municipal service buildings, except those customarily considered industrial in use; and, provided that, no buildings shall be located within 25 feet of any lot line or an abutting lot in any residence district;
      (3)   Parks and recreational areas owned or operated by governmental agencies;
      (4)   Publicly owned housing;
      (5)   Public schools; and
      (6)   Public utilities and public uses.
   (C)   Accessory uses. The following uses shall be permitted accessory uses within the P Public District:
      (1)   Accessory uses customarily incidental to the uses permitted in division (B) above; and
      (2)   Automobile parking lot or storage or parking garages.
   (D)   General regulations. Additional requirements for dimensional, signs, parking and other regulations in the P Public District are set forth in other sections of this chapter.
      (1)   Dimensional requirements.
 
Dimensional requirements
I-1
I-2
P
Accessory, height
25’
25’
25’
Accessory, stories
1
1
1
 
      (2)   Lot area requirements.
 
Lot Area Requirements
I-1
I-2
P
Maximum height, feet
30’
75’
30’
Maximum height, stories
2
N/A
2
Minimum frontage
50’
100’
50’
Minimum lot area
N/A
N/A
N/A
Minimum lot depth
N/A
N/A
N/A
 
      (3)   Yard setbacks.
 
Yard Setbacks
I-1
I-2
P
From R District line
30’
75’
30’
Front arterial street*
35’
35’
35’
Other streets*
25’
25’
25’
Rear
25’
25’
25’
Side
20’
20’
30’
NOTES TO TABLE:
* If 75% or more of frontage on the same side of the street between 2 intersecting streets is improved with buildings that have observed greater or lesser setbacks, then no new building or structure shall project beyond a straight line drawn between the closest front corners of the 2 nearest adjacent principal buildings. For corner lots, the principal building setback shall not be less than the average setback of 75% of the principal buildings that have the least amount of setback within the block; provided, the average setback does not vary more than 20% from setback observed for the adjacent principal structure in which event the setback shall not be less than 80% of the adjacent principal building setback.
 
(Prior Code, § 11.09) (Ord. 280, Third Series, effective 1-12-2006)
§ 153.064 AGRICULTURAL DISTRICT.
   AG: Agricultural. This district shall only be used for aquacultural products for sale and consumption as defined by M.S. § 273.13, subd. 23, i(2).
(Ord. 6, Fourth Series, effective 12-27-2018)
FLOODPLAIN DISTRICT
§ 153.075 PURPOSE AND INTENT.
   This subchapter is enacted to minimize losses in those areas subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. This subchapter is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the state’s Department of Natural Resources.
(Prior Code, § 11.10)
§ 153.076 STATUTORY AUTHORIZATION.
   The legislature of the state has, in M.S. Ch. 103F and 462, as they may be amended from time to time, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the Council of the city does ordain as follows.
(Prior Code, § 11.10)
§ 153.077 APPLICATION.
   This subchapter shall apply to all lands within the jurisdiction of the city shown on the official zoning maps as being located within the boundaries of the Floodplain District.
(Prior Code, § 11.10)
§ 153.078 OFFICIAL ZONING MAP.
   (A)   The Official Zoning Map together with all explanatory materials thereon, and attached thereto, is hereby adopted by reference and declared to be a part of this subchapter. The explanatory material shall include the Flood Insurance Study for the city prepared by the Federal Insurance Administration dated 11-17-1981 and the Flood Boundary and Floodway Map and Flood Insurance Rate Map dated 5-17-1982. The Official Zoning Map shall be on file in the office of the City Administrator.
   (B)   The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Board of Appeals and Adjustments shall make the necessary interpretation based on elevations on the regional (100-year) flood profile and other available technical data. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case to the Board and to submit technical evidence if he or she so desires.
(Prior Code, § 11.10)
§ 153.079 WARNING AND DISCLAIMER OF LIABILITY.
   This subchapter does not imply that areas outside the Floodplain District or land uses permitted within this district will be free from flooding or flood damages. This subchapter shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made thereunder.
(Prior Code, § 11.10)
§ 153.080 ABROGATION AND GREATER RESTRICTIONS.
   It is not intended by this subchapter to repeal, abrogate or impair any existing easement, covenants or deed restriction. However, where this subchapter imposes greater restrictions, the provisions of the subchapter shall prevail. All other ordinances of the city or provisions of the city code inconsistent with this subchapter are hereby repealed to the extent of the inconsistency only.
(Prior Code, § 11.10)
§ 153.081 DEFINITIONS.
   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY USE OR STRUCTURE. A use or structure on the same lot, parcel or premises with, and of a nature customarily and clearly incidental and subordinate to, the principal use or structure.
   BASEMENT. For the purposes of this subchapter, means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
   COMMISSIONER. The state’s Commissioner of the Department of Natural Resources.
   EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
   FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.
   FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood state or discharge may be equaled or exceeded.
   FLOOD FRINGE. The portion of the floodplain outside of the floodway. FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the Flood Insurance Study.
   FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.
   FLOOD-PROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages.
   FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.
   HARDSHIP. The property in question cannot be put to any reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a HARDSHIP if a reasonable use for the property exists under terms of the official controls.
   MANUFACTURED HOME. A manufactured home, as defined in M.S. § 327.31, as it may be amended from time to time.
   MANUFACTURED HOME PARK. A manufactured home park, as defined in M.S. § 327.14, as it may be amended from time to time.
   OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
   PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures.
   REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.
   REGIONAL FLOOD. A flood which 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 the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in the Flood Insurance Study.
   REGULATORY FLOOD PROTECTION ELEVATION. The regulatory flood protection elevation within the Floodplain District shall be established by adding one foot to the base flood water surface elevations with floodway listed in the Floodway Data Table contained in the Flood Insurance Study. REGULATORY FLOOD PROTECTION ELEVATIONS between cross-sections shall be interpolated. The REGULATORY FLOOD PROTECTION ELEVATION within the Floodplain District shall be calculated by a qualified registered professional engineer or by the state’s Department of Natural Resources, in accordance with procedures in § 153.088 of this chapter.
   STRUCTURE. Anything constructed or erected on the ground or attached to the ground, including, but not limited to, the buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers, travel vehicles and recreational vehicles not specifically exempted from the provisions of this subchapter, and other similar items.
   TRAVEL TRAILER, TRAVEL VEHICLE or RECREATIONAL VEHICLE. The same as “recreational equipment”, defined in M.S. § 168.002, as it may be amended from time to time, and “recreational camping vehicles”, defined in M.S. § 327.14, as it may be amended from time to time.
(Prior Code, § 11.10)
§ 153.082 FLOODPLAIN DISTRICT ESTABLISHMENT.
   (A)   The floodplain area within the jurisdiction of this subchapter are hereby established as the Floodplain District. The district shall include those areas designated as numbered and unnumbered A Zones on the Flood Insurance Rate Map (or all areas mapped as 100-year floodplain on the FIRM and FHBM). Within the Floodplain District, the flood fringe shall include those areas designated as floodway fringe on the Flood Boundary and Floodway Map.
   (B)   The boundaries of the Floodplain District shall be shown on the Official Zoning Map. Within the district, all uses not allowed as permitted uses or permissible as conditional uses shall be prohibited. No new structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this subchapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. In addition, a caution is provided here that:
      (1)   New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provision of this subchapter and specifically § 153.087 of this chapter;
      (2)   Modifications, additions, structural alterations or repair after damage to existing non-conforming structures and non-conforming uses of structures or land area regulated by the general provisions of this subchapter and specifically § 153.088 of this chapter; and
      (3)   As-built elevations for elevated or flood-proofed structures must be certified by ground surveys and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this subchapter and specifically § 153.088 of this chapter.
(Prior Code, § 11.10)
§ 153.083 FLOODPLAIN DISTRICT (FP).
   (A)   Permitted uses.
      (1)   Outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;
      (2)   Industrial - commercial loading and/or parking areas, and/or airport landing strips adjacent to industrial or commercial property not in the Floodplain District;
      (3)   Private and public golf courses, tennis courts, driving ranges, picnic grounds, boat launching ramps, parks, wildlife and nature preserves, fishing areas and single or multiple purpose recreational trails; and
      (4)   Residential lawns, gardens, parking areas and play areas.
   (B)   Standards for FP permitted uses.
      (1)   The use shall have a low flood damage potential.
      (2)   The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.
   (C)   Conditional uses.
      (1)   Accessory structures located within the flood fringe;
      (2)   Extraction and storage of sand, gravel and other materials;
      (3)   Marinas, boat rentals, docks, piers, wharfs and water control structures;
      (4)   Railroads, streets, bridges, utility transmission lines and pipelines;
      (5)   Storage yards for equipment, machinery or materials;
      (6)   Placement of fill;
      (7)   Travel trailers, travel vehicles and recreational vehicles on individual lots of record in existing or new subdivisions, subject to the exemptions and provisions of § 153.087(C) of this chapter;
      (8)   Structural works for flood control including, but not limited to, levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures, and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency;
      (9)   General crop farming, pasture, grazing;
      (10)   Archery ranges, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting areas; and
      (11)   Swimming areas.
   (D)   Standards for floodplain conditional uses.
      (1)   All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.
      (2)   Standards and procedures. All floodplain conditional uses shall be subject to the procedures and standards contained in § 153.088(D) of this chapter.
      (3)   Fill.
         (a)   Fill, dredge spoil and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable methods.
         (b)   Dredge spoil sites and sand and gravel operations shall not be allowed in the floodplain unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.
         (c)   As an alternative, and consistent with division (D)(3)(b) above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the Council has received an appropriate plan which assures the removal of the material from the floodplain based upon the flood warning time available.
      (4)   Accessory structures.
         (a)   Accessory structures shall not be designed for human habitation.
         (b)   Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:
            1.   Whenever possible, structures shall be constructed with longitudinal axis parallel to the direction of flood flow; and
            2.   As far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
         (c)   Accessory structures shall be elevated on fill or structurally dry flood-proofed in accordance with the FP-1 or FP-2 flood-proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood-proofed to the FP-3 or FP-4 flood-proofing classification in the State Building Code; provided, the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size and, for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood-proofed accessory structures must meet the following additional standards, as appropriate:
            1.   The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and
            2.   Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood-proofed.
      (5)   Storage of materials and equipment.
         (a)   The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited.
         (b)   Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Council.
      (6)   Changing course, current and the like. Structural works for flood control that will change the course, current or cross-section of protected wetlands or public waters shall be subject to the provision of M.S. Ch. 105, as it may be amended from time to time. Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodplain.
      (7)   Increase in flood. A levee, dike or floodwall constructed in the floodplain shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
   (E)   Standards for permitted and conditional uses in the flood fringe.
      (1)   General. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Appeals and Adjustments must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.
      (2)   Commercial uses. Accessory land uses, such as yards, railroad tracks and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood.
      (3)   Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in division (E)(2) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.
      (4)   Fill. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
      (5)   Hydraulic capacity. Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map.
      (6)   Travel trailers and the like. Standards for travel trailers and travel vehicles are contained in § 153.087(C) of this chapter.
      (7)   Manufactured homes. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
(Prior Code, § 11.10)
§ 153.084 FLOODPLAIN EVALUATIONS IN AREAS WITHOUT DETAILED STUDY.
   (A)   Upon receipt of an application for a conditional use permit for a use within the Floodplain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodplain:
      (1)   A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development and high water information;
      (2)   Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type; and
      (3)   Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.
   (B)   The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the purposed use is in the Floodplain District and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Rules, latest supplement, (currently codified in the 1990 Supplement, Number 1, as Minn. Rules parts 6120.5000 through 6120.6200) shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources area hydrologist prior to commencing the analysis. The designated engineer or expert shall:
      (1)   Estimate the peak discharge of the regional flood;
      (2)   Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas; and
      (3)   Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half foot. A lesser stage increase than one-half foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.
   (C)   The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Council. The Council must formally accept the technical evaluation and the recommended floodplain boundary or deny the permit application. The Council, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the floodplain boundary has been determined, the Council shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with applicable provisions of § 153.083 of this chapter.
(Prior Code, § 11.10)
§ 153.085 LAND SUBDIVISIONS.
   (A)   Review criteria.
      (1)   No land shall be subdivided for building construction which is held unsuitable by the Planning Commission and Council for reason of flooding, inadequate drainage or inadequate water supply or sewage treatment facilities. All lots within the Floodplain District shall contain a building site at or above the regulatory flood protection elevation. All residential lots contiguous to a stream and served by municipal sewer shall contain at least 15,000 square feet and shall be at least 75 feet wide at the building line. All other residential lots served by municipal sewer shall contain 10,000 square feet and shall be at least 100 feet wide at the building line. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this subchapter and have road access no lower than two feet below the regulatory flood protection elevation. The following setbacks from the ordinary high water mark shall apply to all structures:
         (a)   Fifty feet for lots served by public sewer; and
         (b)   Seventy-five feet for lots not served by public sewer.
      (2)   For all subdivisions in the Floodplain District, the regulatory flood protection elevation, the required elevation of all access roads and required setbacks shall be clearly labeled on all required subdivision drawings and platting documents.
   (B)   Floodplain determination. When no detailed study has been performed, applicants shall provide the information required in § 153.084 of this chapter to determine the 100-year or regional flood elevation, and the regulatory flood protection elevation for the subdivision site.
   (C)   Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year or regional flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(Prior Code, § 11.10)
§ 153.086 PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES.
   (A)   All public utilities and facilities including, but not limited to, gas, electrical, sewer and water supply systems to be located in the floodplain shall be flood-proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation.
   (B)   Railroad tracks, roads and bridges to be located within the Floodplain District shall comply with § 153.083 of this chapter. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where the facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of service would not endanger the public health or safety.
(Prior Code, § 11.10)
§ 153.087 MANUFACTURED (MOBILE) HOMES, MANUFACTURED HOME PARKS AND RECREATIONAL VEHICLES.
   (A)   New manufactured home parks and expansion to existing mobile home parks shall be subject to the provisions for land subdivisions contained in § 153.085 of this chapter.
   (B)   Manufactured homes in existing manufactured home parks that are located in the Floodplain District may be replaced only if in compliance with the following conditions:
      (1)   The manufactured home lies in the flood fringe;
      (2)   The manufactured home is constructed, anchored, stabilized, and utilities connected in compliance with requirements of Minnesota Rules, latest supplement, (currently codified in the 1990 Supplement, Number 1, as Minn. Rules parts 1350.0400 through 1350.3800);
      (3)   The manufactured home owner or renter is notified that the manufactured home site lies in the floodplain and may be subject to flooding; and
      (4)   The manufactured home park owner develops a flood emergency plan consistent with the time available after a flood warning.
   (C)   Travel trailers, travel vehicles and recreational vehicles that do not meet the exemption criteria specified below shall be subject to the provisions of this subchapter and as specifically detailed below.
      (1)   Travel trailers, travel vehicles and recreational vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in division (C)(2) below and further they meet the following criteria:
         (a)   Have current licenses required for highway use; and
         (b)   Are highway ready, meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and travel trailer parks, and the travel trailer/travel vehicle/recreational vehicle has no permanent structural type additions attached to it.
      (2)   The following areas are exempted from placement of travel trailers, travel vehicles and recreational vehicles:
         (a)   Individual lots or parcels of record;
         (b)   Existing commercial recreational vehicle parks or campgrounds; and
         (c)   Existing condominium type associations.
      (3)   Travel trailers, travel vehicles and recreational vehicles exempted in division (C)(1) above lose this exemption when development occurs on the parcel exceeding $1,000 for a structural addition to the travel trailer, travel vehicle or recreational vehicle; or an accessory structure including but not limited to a garage or storage building. The travel trailer, travel vehicle and recreational vehicle; all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood-proofing requirements and the use of land restrictions specified in § 153.082 of this chapter.
      (4)   New commercial recreational vehicle parks or campgrounds, and new residential type subdivisions and condominium campgrounds, and new residential type subdivisions and condominium associations, and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following.
         (a)   Any new or replacement travel trailer, travel vehicle or recreational vehicle will be allowed in the flood fringe; provided, the trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with § 153.082 of this chapter. No fill placed in the floodplain district to meet the requirements of this subchapter shall increase flood stages of the 100-year or regional flood.
         (b)   All new or replacement travel trailers, travel vehicles or recreational vehicles not meeting the criteria in division (C)(4)(a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of § 153.088(D) of this chapter. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. The plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers, travel vehicles or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding.
(Prior Code, § 11.10)
§ 153.088 ADMINISTRATION.
   (A)   The Code Official designated in § 153.003 of this chapter shall administer and enforce this subchapter. If the Zoning Administrator finds a violation of the provisions of this subchapter, he or she shall notify the person responsible for the violation, indicating the nature of the violation, and ordering the action necessary to correct it, as further specified in § 153.004(E) of this chapter.
   (B)   All uses shall obtain a use permit in accordance with the following standards:
      (1)   A use permit issued by the Zoning Administrator in conformity with the provisions of this subchapter shall be secured prior to the erection, addition or alteration of any building, structure or portion thereof; prior to the change or extension of a non-conforming use; and prior to the placement of fill or excavation of materials within the floodplain;
      (2)   Application for a use permit shall be made to the Zoning Administrator simultaneous to applying for a building permit on forms furnished by him or her and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill or storage of materials; and the location of the foregoing in relation of the channel;
      (3)   Prior to granting a use permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits;
      (4)   Use permits, conditional use permits or certificates of occupancy issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangements or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by § 153.006 of this chapter. The applicant shall be required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this subchapter. Flood-proofing measures shall be certified by a registered professional engineer or registered architect;
      (5)   Certificate of zoning compliance for a new, altered or non-conforming use. It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged in its use of structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this subchapter. Where a non-conforming use or structure is extended or substantially altered, the certificate of zoning compliance shall specifically state the manner in which the non-conforming structure or use differs from the provision of this chapter; and
      (6)   The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alteration or additions to existing structures in the floodplain districts. He or she shall also maintain a record of the elevations to which structures and alterations or additions to structures are flood-proofed.
   (C)   Variances shall be heard and handled by the Board of Appeals and Adjustment as provided in § 153.020 of this chapter. The following items shall also be provided in all variance requests in the Floodplain Zoning District.
      (1)   No variance shall have the effect of allowing in any district uses prohibited in that district; permit a lower degree of flood protection than the regulatory flood protection elevation for the particular areas, or permit standards lower than those required by state law. In granting a variance, the Board may prescribe appropriate conditions and safeguards including, but not limited to, those specified in division (D)(4) below, which are in conformity with the purposes of this subchapter. Violations of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under § 153.006 of this chapter.
      (2)   The Board of Appeals and Adjustments shall submit to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing. A copy of all decisions granting variances shall be forwarded to the Commissioner of Natural Resources within ten days of the action.
      (3)   (a)   The Zoning Administrator shall notify the applicant for a variance that:
            1.   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
            2.   The construction below the 100-year or regional flood level increases risks to life and property.
         (b)   The notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
      (4)   A certified copy of all variances granted shall be recorded in the office of the County Recorder.
   (D)   Applications for conditional uses permissible under this subchapter shall be subject to the general procedures set forth in §§ 153.035 through 153.041 of this chapter and to the following requirements.
      (1)   A copy of the conditional use request shall be submitted to the Commissioner of Natural Resources sufficiently in advance so as to allow adequate review which in all cases shall be at least ten days prior to the scheduled hearing. A copy of all decisions granting conditional use permits shall be forwarded to the Commissioner of Natural Resources within ten days of the action.
      (2)   Procedures for evaluating proposed conditional uses within the Floodplain (FP) District.
         (a)   Upon receipt of an application for a conditional use permit for a use within the General Floodplain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Council and Planning Commission for the determination of the regulatory flood protection elevation, and whether the proposed use is located in the floodway or the flood fringe:
            1.   A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development and high water information;
            2.   Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill or storage elevations, size, location; and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type;
            3.   Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development;
            4.   Plans drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures and the relationship of the above to the location of the channel; and
            5.   Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
         (b)   One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe, the regulatory flood protection elevation, project effects on flood velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters. Procedures consistent with Minnesota Rules, latest supplement, (currently codified in the 1990 Supplement, Number 1, as Minn. Rules parts 6120.5600 and 6120.5700) shall be followed in this expert evaluation. The designated engineer or expert shall:
            1.   Estimate the peak discharge of the regional flood;
            2.   Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and over bank areas; and
            3.   Compute the floodway necessary to convey the regional flood without increasing flood stages more than one-half foot. An equal degree of encroachment on both sides of the stream within the reach shall be assumed.
         (c)   Based upon the technical evaluation of the designated engineer or expert, the Council and Planning Commission shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site.
      (3)   In passing upon conditional use permit applications, the Council and Planning Commission shall consider all relevant factors specified in other sections of this chapter, and:
         (a)   The danger to life and property due to increased flood heights or velocities caused by encroachments;
         (b)   The danger that materials may be swept onto other lands or downstream to the injury of others;
         (c)   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;
         (d)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
         (e)   The importance of the services provided by the proposed facility to the community;
         (f)   The requirements of the facility for a waterfront location;
         (g)   The availability of alternative locations not subject to flooding for the proposed use;
         (h)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
         (i)   The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area;
         (j)   The safety of access to the property in times of flood for ordinary and emergency vehicles;
         (k)   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and
         (l)   Such other factors which are relevant to the purposes of this subchapter.
      (4)   Upon consideration of the factors listed above and the purpose of this chapter, the Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. The conditions may include, but are not limited to, the following:
         (a)   Modification of waste disposal and water supply facilities;
         (b)   Limitations on period of use, occupancy and operation;
         (c)   Imposition of operational controls, sureties and deed restrictions;
         (d)   Requirements for construction of channel modifications, dikes, levees and other protective measures; and
         (e)   Flood-proofing measures, in accordance with the State Building Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
      (5)   A certified copy of all conditional use permits shall be recorded in the office of the County Recorder.
   (E)   The floodplain designation on the Official Zoning Map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to, at or above the elevation of the regional flood and is continuous to land outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are adequately protected for the intended use. All amendments to this subchapter including amendments to the Official Zoning Map as it relates to floodplain areas must be submitted to and approved by the Commissioner of Natural Resources and Federal Emergency Management Agency.
   (F)   When violation of the floodplain provisions are either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community’s plan of action to correct the violation to the degree possible.
(Prior Code, § 11.10)
§ 153.089 NON-CONFORMING USES.
   A structure or the use of a structure or premises which was lawful before the initial adoption or amendment to floodplain controls contained in this subchapter or similar to those contained herein but which now is not in conformity with the provisions of this subchapter may be continued subject to the provisions of § 153.002 of this chapter and the following conditions.
   (A)   No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity.
   (B)   Any alteration or addition to a non-conforming structure or non-conforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood-proofing techniques (i.e., FP-1 through FP-4 flood-proofing classifications) allowable in the State Building Code, except as further restricted below.
   (C)   The current cost of all structural alterations or additions to any non-conforming structure over the life of the structure shall not exceed 50% of the current market value of the structure on the date it became a non-conforming use unless the conditions of this subchapter are satisfied. The cost of all structural alterations and additions constructed since the adoption of the city’s initial floodplain controls must be calculated into today’s current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50% of the current market value of the structure, then the structure must meet the standards of § 153.082 of this chapter for new structures. It is the intent of this provision that all values be adjusted to present day values for an as equal a comparison as possible.
   (D)   If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this subchapter. The real estate tax assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for such a period.
   (E)   If any non-conforming use or structure is destroyed by any means, including floods, to an extent of 50% or more of its market value at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this subchapter. The applicable provisions for establishing new uses or new structures in § 153.083 of this chapter will apply.
   (F)   The Zoning Administrator shall prepare a list of those non-conforming uses which have been flood-proofed or otherwise adequately protected in conformity with § 153.088(D)(4) of this chapter. He or she shall present the list to the Council which may issue a certificate to the owner stating that the uses, as a result of these corrective measures, are in conformity with the provisions of this subchapter.
(Prior Code, § 11.10)
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