§ 153.159 FINAL ACTIONS.

   (A)   As required by M.S. § 15.99, as it may be amended from time to time, the following provisions apply to the process for approving or denying applications for a zoning amendment, site plan, conditional use permit, land use permit, variance, or any other application which requires a city approval under chapter.

   (B)   The city shall take final action to approve or deny an application described above within 60 days of receiving an application, unless the application is not accepted under § 153.156. If the city cannot take action to approve or deny the application within 60 days of receiving the application, the Zoning Administrator is authorized before the end of the initial 60-day period, to make a one-time extension of the time for taking action by providing written notice by first-class mail to the applicant of the extension, the reasons for the extension, and its anticipated length, which may not exceed an additional 60 days unless approved by the applicant in writing.

   (C)   When the final action to approve or disapprove an application is to be taken by the City Council, the Planning Commission or the Board of Appeals and Adjustments, if a vote on a resolution or properly made motion to approve the application fails for any reason, the failure shall constitute a denial of the application, provided that those voting against the motion state on the record the reasons why they oppose the application. A denial of an application because of a failure to approve a resolution or motion does not preclude an immediate submission of a same or similar application.

   (D)   Except as provided in division (C), if the application is denied by the City Council, Planning Commission or Board of Appeals and Adjustments, whichever body has the authority to make the final decision to approve or deny an application, it must state the reasons for denial on the record and provide the applicant in writing a statement of the reasons for the denial. If this written statement is not adopted at the same time s the denial, it must be adopted at the next meeting following the denial of the application but before the expiration of the time allowed for making a decision under this section. The written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption.

   (E)   If the decision to deny the request is made by the Zoning Administrator or other city official, the official must state in writing the reasons for the denial at the time the official denies the request.

(Am. Ord. 2005-4, passed 7-11-2005)

§ 153.160 ADDITIONAL EXTENSIONS OF TIME.

   Minnesota Statutes § 15.99, as it may be amended from time to time, provides for certain exceptions to the time limits established in § 153.159. These exceptions are as follows. If the provisions of M.S. § 15.99, as it may be amended from time to time, are inconsistent with this section, then the provisions of that statute shall apply.

   (A)   The time limit in § 153.159 is extended if a state statute, federal law, or court order requires a process to occur before the city acts on the application, and the time periods prescribed in the state statute, federal law, or court order make it impossible to act on the application within 60 days. In cases described in this division, the deadline is extended to 60 days after completion of the last process required in the applicable statute, law or order. Final approval of the city receiving an application is not considered a process for purposes of this division.

   (B)   The time limit in § 153.159 is also extended if:

      (1)   An application submitted to a state agency requires prior approval of a federal agency; or

      (2)   An application submitted to the city requires prior approval of a state or federal agency.

   (C)   In cases described in division (B), the deadline for action is extended to 60 days after the required prior approval is granted.

(Am. Ord. 2005-4, passed 7-11-2005)

§ 153.161 APPLICATIONS FOR SUBDIVISION APPROVAL AND BUILDING PERMITS.

   Sections 153.157 through 153.159 shall not apply to any request for action under the city’s subdivision regulations or under M.S. § 462.358 or Ch. 505, as they may be amended from time to time. Neither shall they apply to request for a building permit.

(Am. Ord. 2005-4, passed 7-11-2005)

APPENDIX A: LOT REQUIREMENTS AND STANDARDS

Zoning District	Building Height Max. (feet)e	Access. Height Max. (feet)	Lot Size Min (s.f)	Lot Width Minimum (feet)	Setbacksf					Minimum Site Area Per Dwelling Unit (sq. feet)	Dwelling Floor Area Ratio	Max. Impervious Surface(%)
					Front Yard (Feet)	Corner Side Yard (Feet)	Side Interior (Feet)	Rear Yard (Feet)	Accessory Side/Rear Yard (Feet) (Alley)
R-1 One-family Two-family	25 25	10g 10g	8,250 10,000	50 50	25 25	25 c 25 c	15 b 15 b	5 5	5 5		0	50% 50%
R-2 Multiple family Efficiency 1-bedroom 2-bedroom More	35 (65)a	10g 10g 10g 10g	21,780 21,780 21,780 21,780	130 130 130 130	35 35 35 35	25 25 25 25	10 10 10 10	10 10 10 10		400 525 650 Add 125 s.f. each additional bedroom	N/A N/A N/A N/A	60% 60% 60% 60%
CBD	45	15	7,200	50	0	0	0 d	0	0	N/A	N/A	100%
EMX	65a	15	7,200	50	0 10 ft max	0 10 ft max	0 d	0	0	N/A	N/A	100%
C-2N & S	35	15	7,200	50	20	20	10	10	10	N/A	1	60%
M	40	15	20,000	100	20	20	10	10	10	N/A	1	100%
Definitions:    43,560 square fee = 1 acre    Floor area ratio = total floor area of principal and accessory structure in direct ratio to the gross area of the lot
Notes:    a 65 ft. if structure is designed for multiple residents    b On interior lots, there must be at least 15 feet between dwellings with a minimum of 5 feet from the lot line    c The buildable principal structure area must not be less than 32 feet in width, exclusive of setbacks    d When a commercial building shares a common boundary with a residential use property, a side yard set back of 10 feet is required e The building height limits established herein for districts shall not apply to the following: belfries; chimneys or flues; church spires; cooling towers; cupolas and domes which do not contain useable space; elevator penthouses; flag poles; monuments; parapet walls extending not more than 3 feet above the limiting height of the building f The following shall not be considered as encroachment on required yard setbacks: (1) Flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than two feet into the required yard (2) Ground level patio, i.e., patio that is flush with the ground (3) In rear yards, recreational and laundry drying equipment, arbors and trellises, detached outdoor living rooms, and air conditioning or heating equipment to a point not less than ten feet from the rear lot line (4) A one-story enclosed entrance for a detached one-family, duplex, or townhouse dwelling may extend into the front yard setback not exceeding four feet    g Except private garages are allowed to be up to 15 feet in height

 

(1997 Code, Ch.25, Table1) (Am. Ord. passed 9-22-2003; Am. Ord. 2005-5, passed 8-8-2005; Am. Ord. 2021-1, passed 4-12-2021)

APPENDIX B: OFF-STREET PARKING SPACE REQUIREMENTS

Use	Minimum Number of Parking Spaces
Artisan manufacturing	At least 0.75 parking spaces for each employee on maximum shift or one parking space for each 1,500 square feet of floor area, whichever is the larger
Churches, auditoriums, mortuaries, and other similar places of assembly	At least one parking space for each three and one-half seats based upon design capacity of seating area
Community center, post office, YMCA, YWCA, physical culture studio, library, private club, lodge, museum, art gallery, and other similar establishments	At least 12 parking spaces plus one for each 250 square feet in excess of 2,000 square feet of floor area based upon design capacity
Furniture store, appliance store, auto sales, grain sales, kennels, studios, commercial greenhouses	At least one parking space for each 400 square feet of floor area. Open sales or rental lots shall provide one parking space for each 3,500 square feet of land which is to be used for sales and display area
Housing designated exclusively for individuals 55 and older	One parking space for each dwelling units
Motor service stations	At least four parking spaces plus two additional parking spaces for each service stall
Multiple-family dwellings	One and three-fourths spaces per dwelling unit
One- and two-family dwellings	Two spaces per dwelling unit
Personal and professional offices, medical clinics, dental clinics, banks, savings institutions, and the like	At least one parking space for each 200 square feet of floor area
Restaurants, cafes, bars, taverns, night clubs, and the like	At least one parking space for each three seats based upon design capacity of seating area
Retail sales, service establishments, and shopping centers	At least one parking space for each 150 square feet of floor area
Convalescent home, rest home, nursing home, day nursery, or assisted living facilities	At least four parking spaces plus one for each four beds based upon design capacity
School, elementary	At least one parking space for each classroom plus one additional space for each 39 student capacity
School, middle	At least one parking space for each classroom plus two additional parking spaces for each 30 student capacity
School, senior high and private	At least one parking space for each classroom plus one additional parking space for each six students based upon design capacity
Wholesaling, manufacturing, and similar industrial uses	At least one parking space for each two employees on maximum shift or one parking space for each 2,000 square feet of floor area, whichever is the larger
Other uses	As required by City Council

 

(1997 Code, Ch. 25, Table 4) (Ord. passed 11-14-1994; Am. Ord. 2005-7, passed 10-24-2005; Am. Ord. 2017-3, passed 9-11-2017)

Cross-reference:

   Off-Street Parking, see §§ 153.070 et seq.

APPENDIX C: DISTRICT SIGN REGULATIONS

Zoning District	Maximum Sign Area of a Single Sign (Square Feet)1	Maximum Height of a Single Sign (Feet)	Cumulative Maximum Area (CMSA) of All Nonexempt Signs (Square Feet)2, 3	Maximum Percentage of CMSA Allocable to Class A Signs	Maximum Percentage of CMSA Allocable to Class B Signs	Maximum Percentage of CMSA Allocable to Class C Signs	Prohibited Signs
R-1*	8	6	16	100%	100%	100%	Awning signs Bench signs Electronic message display signs Inflated signs Illuminated signs, except where specifically allowed Off-premises signs Portable trailered signs Pylon signs Signs prohibited in all zoning districts
R-2*	8 (and 1 sign of up to 32 sq. ft. within 30 feet of a traveled public road right-of- way)	6	100	90%	70%	10%	Electronic message display signs Inflated signs Illuminated signs, except where specifically allowed Off-premise signs Pennant signs Portable trailered signs Pylon signs Signs prohibited in all zoning districts
*Legal Non- Residential Use in R Districts	32	8	100	90%	50%	10%	No signs which are specifically prohibited in the R-1 zoning district may be erected upon a property that contains a legal non-residential use in a residential district
CBD^	50	8	2 per linear front foot	70%	20%	10%	Inflated signs Off-premise signs Portable trailered signs Pylon signs Signs prohibited in all zoning districts
C2-N, C2-S, M^	150	15	4 per linear front foot	70%	25%	5%	Off-premise signs Signs prohibited in all zoning districts
PI^	150	25	5% of lot area	90%	50%	10%	Bench signs Signs prohibited in all zoning districts
^Undeveloped Lots in Non- Residential Districts	40	8	40	25%	75%	0%	Attached signs Awning signs Bench signs Building signs Electronic message display signs Inflated signs Illuminated signs Off-premise signs Pennant signs Portable trailered signs Signs prohibited in all zoning districts
Notes: 1, 2 The maximum sign area of a single sign may not be larger than the CMSA of all nonexempt signs or freestanding signs. This includes instances where the cumulative maximum or freestanding sign area calculation prohibits any single sign from meeting the maximum sign area, in which case, the more restrict requirement limiting total cumulative sign area shall apply.

 

(Ord. 2018-4, passed 8-13-2018)

Cross-reference:

   Signs, see §§ 153.090 et seq.

APPENDIX D: ZONING MAP

[Click here to view map in PDF format. Adobe Acrobat Reader required.]