HomeMy WebLinkAbout2011-04-07 - Planning Commission Agenda PacketAgenda Item 5_a.
L A N D F O R M
From Site to Finish
105 South Fifth Avenue Tel: 612 - 252 -9070
Suite 513 Fax: 612 - 252 -9077
Minneapolis, MN 55401 www.landform.net
TO: Corcoran Planning Commission
FROM: Kendra Lindahl, Landform
DATE: March 23, 2011 for the April 7, 2011 Planning Commission Meeting
RE: Revisions to Subdivision Ordinance, Zoning Ordinance and Zoning Map
Background
The Planning Commission and City Council have been meeting jointly since July 2010 to discuss
revisions to the Zoning Ordinance and Subdivision Ordinance. The following facts should direct the
planning process:
Cities are required to review and update their comprehensive plans at least once every
10 years, and the Metropolitan Council is required to review the updated plan. The
current round of updates was launched with the release of the system statements on
September 12, 2005. These updates were due in 2008, three years from the date the
system statement was received. The City of Corcoran Comprehensive Plan was
reviewed by the Metropolitan Council and was found to be compliance with regional
plans. The City of Corcoran must now officially adopt the Comprehensive Plan. It is my
understanding that the Plan is being finalized and will be ready for adoption in April 2011.
If local zoning ordinances or other official controls conflict with a community's
comprehensive plan as the result of an update or amendment to the plan, the official
controls must be amended by the community within 9 months following the update or
amendment to ensure the official controls do not conflict with the comprehensive plan.
Local governmental units must adopt official controls as described in their adopted
comprehensive plans and must submit copies of the official controls to the Council within
30 days following adoption, for informational purposes. (MN Stat. 473.864, Subd. 1)
• If we adopt the Comprehensive Plan in April 2011, we are required by statute to adopt
our official controls to implement the plan within 9 months (by January 2012).
At their February 24th meeting, the City Council directed staff to focus on the items required to
implement the Comprehensive Plan and to prepare for adoption of these ordinances on the following
schedule:
• Review of full revised draft ordinance by the Planning Commission on April 7th and
provide comments to staff for revisions
• Review of 2nd revision of full draft ordinance by the Planning Commission on May 5th
• Public Hearing on Ordinance revisions at June 2nd Planning Commission Meeting
• City Council review /adoption of ordinance revisions on June 23ra
Landform5m, SensiblyGreensm and Site to Finish'm are service marks of Landform Engineering Company.
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Therefore, I have taken all of the draft language previously prepared by Bonestroo and discussed at
joint Planning Commission /City Council meetings in 2010 and 2011 and prepared this final draft for
Planning Commission review. I have tried to indentify reference errors, but some may remain for
this draft. Following the April Planning Commission review and prior to the next review, I will spend
time focused on final formatting of the document and double- checking references and consistent
terminology throughout.
2. Summary
The draft ordinance revisions in the packet show the redlines of new text and strike - throughs for text
that has been removed. Please note that some of the text appears as new or removed when, in
fact, the language has not changed but has simply been relocated within the document. If anyone
would like a clean (no redline or strike - through) version of this document, please contact me directly
and I can email a clean version for your review.
All of these sections have been reviewed at previous meetings and staff has updated the text to
reflect the direction given to staff from the Planning Commission and City Council. This report
highlights key changes and areas where Planning Commission direction is required.
Subdivision Ordinance
Section 940 (Open Space Preservation Ordinance) is proposed to be replaced in its entirety by a
new Section 940 (OPEN SPACE AND PRESERVATION (OS &P) PLATS) which is the version
prepared by the subcommittee and reviewed by the Planning Commission last year.
The only changes from the previous version are:
• To change "building rights" to "development rights" in this section to consistent with the term
used in the Zoning Ordinance.
• To move the definitions to the definitions section to be consistent the format of the City Code.
There is one area of ambiguity that should be addressed: Section 940.030, Subd. 2 states
"Preservation and restoration areas shall follow the City's adopted Design Standards for
Preservation and Restoration lands." These Design Standards have not yet been created, but will be
an implementation item that will need to be addressed following adoption of this revised ordinance
text.
Zonina Ordinance
Section 1020 (Definitions).
A number of new definitions have been added to this section to address new terms used in the
revised ordinance and changes have been made to other terms to address questions that have
arisen in the past. Staff will continue to revise the definitions section as the ordinance is finalized.
Draft Ordinance Revisions
April 7, 2011
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Section 1030 (General Requirements).
The primary changes to this section are in 1030.020 (Accessory Buildings, Structures, Uses and
Equipment). At the November joint meeting, the Planning Commission and City Council spent
significant time on this section and directed staff to make the following changes:
• Measure area of accessory buildings by "footprint" rather than "square footage"
• Simplify the allowable area table and increase allowable area overall.
• Clarify the building code requirements which exempt certain building from building permit
requirements. However, to ensure that all ordinance requirements are met and that the city
has a record of all buildings (for public safety purposes), we will now require a "Certificate of
Compliance ". This will be similar to an administrative permit, but will generally be simpler to
review and the may choose to have a different fee for these types of applications. Setting
fees is a policy decision for the Council, but you will note this new application type is added
as Section 1070.065.
• Additionally, we have changed the process for allowing agriculture buildings (which are
defined as used exclusively for agricultural use) as a Certificate of Compliance rather than a
Conditional Use Permit (CUP). The reason for this change is the fact that the Planning
Commission and Council felt that requiring a CUP for true farm was onerous.
• Agriculture buildings as a principal use adjacent to the farmstead remain a CUP.
• Non - Agriculture buildings (including those that are a mix of agriculture and personal use) will
still require a CUP to exceed the size requirements.
• Subd. 5 of this section addresses building height. Rather than continuing to use the sidewall
as the height limit, which resulted in some interesting designs and much confusion from the
public, we have simplified it to limit building height to 15 feet. This height limit will result in
building heights similar to the old sidewall limits and is consistent with height limits in
neighboring communities. Building height is measured to the mid -point of a peaked roof and
will result in buildings that are taller than 15 feet.
• We have included an exception to allow agricultural buildings to exceed this height limit
as part of the certificate of compliance.
• We have included an exception to allow accessory buildings with accessory dwelling
units to exceed this height limit when approved as part of the Interim Use Permit.
Section 1030.040 (Temporary Structures)
This section has no changes since it was reviewed by the Planning Commission and City Council in
the fall, which included the addition of an option for temporary buildings in circumstances where
there is no hardship.
Section 1030.100 (Home Occupations)
This section has no substantive changes but does have some clarifications /corrections.
Section 1040 (District Regulations)
This section includes the most significant changes as it includes the addition of several new Zoning
Districts to comply with the Land Use classifications in 2030 Comprehensive Plan. All of these
changes have been reviewed by the Planning Commission previously. Staff has made revisions as
directed by the Planning Commission and Council, but there are few areas where additional
direction is need. Specifically:
Draft Ordinance Revisions
April 7, 2011
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Bonestroo provided an optional RSF -2 zoning district with lot averaging rather than minimum
lot sizes. The minutes and notes from the meeting reflect some interest in keeping this
district as an option for developers to request. Attached is a letter from Carole Toohey in
support of this option with the addition of setback flexibility as well.
o ACTION ITEM A: If the Planning Commission likes this tool, they should direct staff
to add it to the ordinance. Staff recommends naming it RSF -2A and placing it as
Section 1040.042 of the Zoning Ordinance.
The draft ordinance prepared by Bonestroo included Design Requirements for each
residential district. There seemed to be a variety of opinions from the Planning Commission
and City Council about the desirability of these requirements.
o ACTION ITEM B: The Planning Commission should either recommend keeping the
Design Requirements or Delete them. If the Planning Commission recommends
deleting them at this time, the issue could be further reviewed when we do the next
round of ordinance updates (staff recommends that the ordinance be reviewed
annually and updated as needed).
Based on the feedback from the joint meetings, the draft ordinance has reduced the front
building setbacks along arterial streets from 100 feet to 50 feet.
o ACTION ITEM C: The planning Commission should discuss whether or not this
change is consistent with the City's vision.
• The 100 foot setback along arterials was originally established to maintain a
green corridor along the main gateways to Corcoran and immediately provide
a sense that this community is different from its neighbors.
• The ordinance currently includes a provision to reduce this setback by
providing additional landscaping (Section 1060.070, Subd. 2(K) and (L)). This
flexibility allows the building setback to be reduced to 60 feet and the parking
setback to be reduced to the front yard setback of other streets (typically 50
feet). Staff believes that this language may provide the same flexibility
envisioned by the proposed reduction in setbacks. However, if the Planning
Commission wishes to reduce the setbacks in each district, then these
sections should be deleted as they are no longer necessary.
The draft ordinance also includes some setback flexibility for a limited reduction in the
building setback by right rather than variance if certain standards are met.
o ACTION ITEM D: The Planning Commission should either recommend keeping the
setback flexibility or Delete them. If the Planning Commission recommends deleting
them at this time, the issue could be further reviewed when we do the next round of
ordinance updates (staff recommends that the ordinance be reviewed annually and
updated as needed).
• Accessory Dwelling Units in non - residential districts. This option has been deleted from the
C -1, C -2 and BP districts and would only be allowed in two non - residential districts: the CR
and TCR. We have deleted the limitation on children in these units for those districts where it
remains an option.
Draft Ordinance Revisions
April 7, 2011
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The City has received a request to allow "hobby houses" in residential districts. Staff is using
the term "hobby house" because we are currently unaware of a commonly accepted term for
the proposed use of a residential home as a rented home for parties and events like
scrapbooking weekends as proposed by Carrie Ferdinandt in her February 17th letter
(attached). These types of uses would be similar to a Bed and Breakfast. They would
require additional parking to accommodate more guest vehicles than would be reasonably
assumed at a single family home and would require review to ensure that adequate transition
is provided from this proposed commercial use to the adjacent residential uses.
o ACTION ITEM E: If the Planning Commission finds that these types of uses are
acceptable and desirable in residential districts, they should direct staff to prepare an
ordinance amendment to allow these types of uses as a conditional use in the UR
and RR zoning districts. Staff would prepare language for review at the May meeting.
Section 1050 (Overlay Districts)
The only change here is to relocate Section 1050.040 (Downtown Overlay District) from this
section where it was simply an overlay district to Section 1040.120 (Downtown Mixed Use
District) where it is now a zoning district.
Section 1060.050 (Building Standards).
This section has been revised to distinguish acceptable materials in residential districts and non-
residential districts. The most significant change is to allow metal roofs in the residential district
provided they meet specific standards and allows metal accessory buildings in certain
circumstances.
Section 1070 (Administration)
Staff has noted that City Code alternatively lists the Planning Commission as the Board of
Adjustments and the City Council as the Board of Adjustments. Since the Board makes the final
decision on appealed applications, staff recommends that the City Council be designated as the
Board of Adjustments and has made needed corrections to this section. It will require future
corrections to Chapter 34 (Planning Commission) when the City Code updates are done.
Section 1070.065 (Certificate of Compliance) has been added to provide standards for approval
of this new permit.
Zoning Map
At the January meeting, the Planning Commission and City Council agreed to retain the holding
zone concept on the Zoning Map. This map is unchanged from that meeting. The Zoning Map
should be adopted with the Zoning Ordinance. We have also attached the Draft 2030 Future
Land Use Map and Draft 2030 Phasing Plan for your review.
3. Future Ordinance Updates
The following items were indentified in the Comprehensive Plan as implementation tasks, but are
not required to be updated at this time. These items can be delayed until there is city time and
budget to make changes and are NOT included in this update:
a. Revisions to Open Space Preservation plat standards /Greenway Corridor. This is not
required at this time and can be revisited when the City can commit the needed time.
Draft Ordinance Revisions E
April 7, 2011
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b. Update Development Rights Map. This should be done on a regular basis, but the
development right are reviewed and confirmed by staff when development is proposed. Staff
recommends that this map be updated when budget is available for the research and
analysis needed to complete the task.
c. Updates to the Subdivision Ordinance. Staff has identified several clean up items that
should be adopted in the Subdivision Regulations, but these items can wait for the annual
December clean up. Additionally, staff would like to propose more comprehensive changes
(such as a minor subdivision process that would reduce costs and simplify the process for
residents that are doing a 2 or 3 lot subdivision), but these are not urgent issues and can wait
until the budget allows.
d. Environmental Resource Management. As I understand it, this is an issue that was raised as
part of the comprehensive planning process, but there is no statutory requirement that must
be addressed immediately. This is a significant exercise and will require a commitment from
staff, commissioners and Council to address woodlands, landscaping, etc.
e. Sign Ordinance (Chapter 84). We will need to update the sign ordinance to reflect the new
districts, be consistent with the zoning ordinance intent and clean up some confusing
elements. However, sign ordinances are an enormous undertaking in most cities and we
recommend delaying action on this time.
f. Non - conformity section. This section should be reviewed and revised to ensure that the city
is phasing out non - conformities while allowing basic maintenance. The current ordinance
may be too flexible and makes it difficult for the city to phase out non - conformities. This is
not an issue that comes up very often, so this is one area that could be delayed until budget
allows.
g. Performance standards. This is one of the most important sections of the ordinance because
it defines how development will look (building materials, landscaping, parking, etc). This
section should be reviewed and updated, but if the building materials section is updated as
proposed by staff, then we believe the remainder can be delayed until next year.
h. Park Dedication Ordinance. This was identified as a priority from the Parks Commission.
This is part of the subdivision ordinance and should be worked on with the City planner.
There is not statutory requirement that this be updated this year, therefore, we recommend
delaying action until time and budget allow.
i. Home Occupations. The council has expressed some desire to examine the way we process
home occupations. We believe that given the few home occupations that we see annually,
this ordinance update can wait until time and budget allow.
j. Misc. updates. I recommend budgeting for an annual ordinance update to keep the
ordinance current after the major changes.
4. Requested Action
Provide staff direction on proposed ordinance language and next steps. Specifically, provide
direction on the five key areas noted in this staff report (Action items A -E), but the Planning
Commission should also comment on any other areas where changes are desired.
Draft Ordinance Revisions
April 7, 2011
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Attachments
1. Draft Subdivision Ordinance — Section 915 (Definitions) (Redlined)
2. Draft Subdivision Ordinance — Section 940 (OS &P Plats) (Redlined)
3. Draft Zoning Ordinance (Redlined)
4. Draft RSF -2A district
5. Draft Zoning Map
6. Draft 2030 Land Use Map
7. Draft 2030 Phasing Map
8. Letter from Carrie Ferdinandt dated February 17, 2011
9. Email from Carole Toohey dated March 22, 2011
Draft Ordinance Revisions
April 7, 2011
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Subdivision Regulations
August 24, 2009
SECTION 915 — RULES AND DEFINITIONS
915.010 - Rules of Word Construction. The terms and words used in this Chapter shall
be interpreted as follows:
Subd. 1. The present tense includes the future tense.
Subd. 2. The words "shall" and "must" are mandatory; the word "may" and
"should" are permissive.
Subd. 3. The singular includes the plural, and the plural includes the singular.
Subd. 4. All measured distances expressed in feet shall be to the nearest one -tenth
of a foot.
Subd. 5. For terminology not defined in this Chapter, elsewhere in the City Code,
or in the Minnesota State Building Code, Merriam - Webster's Collegiate
Dictionary Tenth Edition shall be used to define such terms.
Subd. 6. If a conflict arises between the graphic illustrations presented in this
Chapter and the text of this Chapter, the text shall prevail.
915.020 — Definitions. The following words and terms, wherever they occur in this
Chapter, shall be interpreted as herein defined:
Block: An area of land within a subdivision that is entirely bounded by streets, or by a
combination of streets, public lands, railroad rights -of -way, water bodies, or the exterior
boundary lines of the subdivision.
Boulevard: The portion of the street right -of -way between the curb line (or in the
absence of a curb, the improved roadway) and a lot line.
Centralized wastewater treatment system: A wastewater treatment system in which
wastewater is collected from many homes and treated at a single facility.
City Council: The governing body of the City of Corcoran, Hennepin County,
Minnesota.
City Engineer: The person designated by the City Administrator to be the City Engineer
for the City of Corcoran.
City Planner: Individual or firm so designated and authorized by the Corcoran City
Council.
Title IX: 915 -1
Subdivision Regulations
August 24, 2009
Cul -de -sac: A local street with only one vehicular outlet, having an appropriate turn
around area at its terminus for the safe and convenient reversal of traffic.
Developable Area: The net land area available for development. Developable area is
based on the pre - development conditions of the site and is calculated as follows: gross
land area minus wetlands, areas below the 100 -year ordinary high water elevation and
right -of -way or easements for existing public streets.
Easement: A grant of one or more property rights by a property owner for use by the
public, a corporation, or another person or entity.
Engineering Design Standards: Standards adopted and amended from time to time by
resolution of the City Council which provide information and establish standards,
specifications and details for the construction of public and private improvements, as on
file with the City of Corcoran.
Individual Sewage Treatment System (ISTS): A wastewater treatment system serving
a dwelling or business using a septic tank or tanks and optional pretreatment unit
followed by a soil treatment and dispersal unit that discharges below grade or other
approved sewage treatment and disposal device.
Lot: A tract, plot, or portion of a subdivision or other parcel of land intended as an
individual unit for the purpose, either immediate or future, of transfer of ownership, or
possession, or for building development.
Lot of Record: A parcel of land whose existence, location and dimensions have been
legally recorded or registered in a deed or on a plat and recorded prior to the effective
date of this chapter, or a parcel of land approved by the City as a lot and recorded
subsequent to such date.
Lot, Base: A lot meeting all specifications in the zoning district prior to being subdivided
into a two- family dwelling, townhouse, or manor home subdivision.
Lot Division: Dividing a lot of record by placing new lot lines within its boundary,
resulting in the creation of additional lots.
Lot Rearrangement: Adjusting the lot lines between two or more lots of record,
resulting in the same number of lots.
Lot, Through: A lot fronting on two (2) parallel, as contrasted to intersecting, streets.
Lot, Unit: A lot created from the subdivision of a base lot for two - family dwelling,
townhouse, or manor -home dwelling having different minimum lot size requirements
than the conventional base lots within the zoning district.
Title IX: 915 -2
Subdivision Regulations
August 24, 2009
Metes and Bounds: A description of real property which is not described by reference to
a lot or block shown on a map, but is described by starting at a known point and
describing the bearings and distances of the lines forming the boundaries of the property
or delineating a fractional portion of a section, lot or area by described lines or portions
thereof.
Official Map: A map duly adopted by the City Council pursuant to the provisions of
Minnesota Statutes, Section 462.351 to 462.36.
Open Space and Preservation (OS &P) Plats Terms:
Temporary Open Space Land: Land that is undeveloped and is either
undevelopable or is held in reserve for a future date when urban services are
provided.
Preservation Area Dedication: Permanently permanently dedicating easements
on land identified as meeting the natural resource standards identified by the CitX
for preservation at the time of its dedication or as identified in the comprehensive
plan as a natural area worthy of preservation.
Restoration Area Dedication: Permanently dedicated easements on land, subject
to a formal restoration plan, that at the time of its dedication is in the process of
being restored to a natural state as described in a natural resource standard
adopted by the City
Development Reserve: Land, temporarily restricted by a covenant, but which
may be eligible for development once urban services are provided to the site.
Natural Resource Standard Adopted by the City: Refers to a description of
the desired condition of land with respect to drainage, natural contours, and
natural vegetation suited to the location. Standards address capability to sustain
diverse wildlife and to provide an esthetically pleasing presentation that is
considered an asset to the community in which it is located. Standards consider
sustainability and active or passive maintenance requirements associated with use
and may be changed from time -to -time in keeping with best practices.
Natural Resources Areas: those lands which contain wetlands, woodlands,
forested areas, stands of trees, and prairies.
Temporary Wastewater Treatement: Use of a restricted site, on or off the
premises of the wastewater generating building(s), for the treatment and disposal
of wastewater until such time when urban services are provided.
Greenway Corridor Land: Land located in the mapped boundary identified as
such on the 2030 Comprehensive Plan Natural Resource Map.
Title IX: 915 -3
Subdivision Regulations
August 24, 2009
Upland: land not classified as a wetland or water body and is generally dry.
Outlot: A parcel of land subject to future platting prior to development, or a parcel of
land which is designated for public or private open space, right -of -way, utilities or other
similar purpose.
Parcel: An individual lot or tract of land.
Planning Commission: The Planning Commission of the City of Corcoran except when
otherwise designated.
Plat: The drawing or map of a subdivision prepared pursuant to Minnesota Statute
Chapter 505 and containing all elements or requirements of this Chapter.
Plat, Final: A plat to be presented to the City Council for approval and which, if found to
be consistent with the approved preliminary plat, may be duly filed with the county
registrar of deeds.
Plat, Preliminary: A plat submitted to the City for preliminary consideration and
approval.
Public Improvement: Any sewer pipe, water pipe, drainage ditch, roadway, parkway,
sidewalk, trail, tree, lawn, off - street parking area, lot improvement or other facility for
which the City may ultimately assume the responsibility for maintenance and operation.
Record Plans: A final set of engineering plans that provide accurate and complete
information pertaining to the location, construction, and materials used in the
construction of streets, utilities, and other improvements. The plans shall incorporate and
include all changes and revisions to the final set of approved construction plans that are
made during construction as well as other pertinent information.
Replat: The platting of an area that was previously platted.
Right -of -way: Land acquired by reservation or dedication intended for public use, and
intended to be occupied or which is occupied by a street, trail, railroad, utility lines, oil or
gas pipeline, water line, sanitary sewer, storm sewer or other similar uses.
Street: A public right -of -way for vehicular traffic, whether designated as a highway,
thoroughfare, arterial, parkway, collector, through way, road, avenue, boulevard, lane,
place, drive, court or otherwise designated, which has been dedicated or deeded to the
public for public use and which affords principal means of access to abutting property.
Street, Improved: A public roadway that has a paved or gravel surface.
Title IX: 915 -4
Subdivision Regulations
August 24, 2009
Subdivider: Any person commencing an application proceeding under this Chapter to
effect a division, consolidation, rearrangement, subdivision or re- subdivision of land. A
subdivider is the owner of the land or an individual representing the landowner who has
express written authority to act on behalf of the owner.
Subdivision: Any division or rearrangement of land, except for those separations:
A. Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in
size and 500 feet in width for residential uses and 5 acres or larger in size for
commercial and industrial uses;
B. Creating cemetery lots;
C. Resulting from court orders or the adjustment of a lot line by the relocation of a
common boundary.
Tract: A unit of land described by letter in a registered land survey.
Traffic Calming: Street design techniques which are put in place to reduce vehicle
speeds, improve safety, or discourage through traffic on residential streets. Examples
may include narrow street width, curvilinear streets, raised intersections and crosswalks,
speed humps, traffic circles, neck - downs, medians and islands, pedestrian treatments or
streetscaping.
Zoning Administrator: The person designated by the City Administrator to be the
Zoning Administrator for the City of Corcoran.
(Ord. 224, passed 10- 27 -05, Ord. 226, passed 01- 26 -06)
Title IX: 915 -5
Subdivision Regulations
August 24, 2009
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August 24, 2009
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SECTION 940 — OPEN SPACE AND PRESERVATION (OS &P) PLATS
940.010 — Purpose of Division.
The purpose of Open Space and Preservation plats (OS &P) is to minimize acreage used
in developments that are approved prior to availability of urban services and to improve
and preserve wildlife habitat, quality of life and land values within the City through
economic incentives to preserve high quality woodlands, interconnected vegetated
corridors, agricultural land, open space, and other significant natural features as identified
in the Comprehensive Plan. OS &P plats provide owners within the rural residential
zoning district with added flexibility in designing plats as well as incentives to
voluntarily_ protect, preserve, enhance or restore natural resources on their property_
OS &P Plats includes three application types beyond the basic development type, based
on the amount of permanently preserved open space. Each application type includes
some development right bonus. In addition to encouraging natural resource preservation
and restoration, OS &P plats are intended as a means of facilitating an orderly and
economically viable transition to eventual development with urban services.
940.020 — Obiectives of Division and Definitions.
Title IX: 940 -12
Subdivision Regulations
August 24, 2009
Subd. 1. The objectives of this division are to:
A. Preserve natural resources as identified in the Comprehensive Plan.
B. Preserve permanent natural habitat and vegetated corridors for the shelter
and movement of diverse wildlife.
C. Preserve viable tracts of land for long-term agricultural use.
D. Allow greater flexibility in the design of residential developments in order
to create a more esthetically_ pleasing visual impact than standard
development, particularly along arterial roadways and with respect to
abutting properties.
E. Create cohesive neighborhoods to establish local identitv and increase
community interaction.
F. Reduce the costs of future public road and utilitv infrastructure
designing to improve the efficiency of future connections and minimize
site restoration costs associated with future utilitv construction.
G. Provide economic incentives to land owners to preserve, protect and /or
restore high aualitv woodlots and other identified natural resources areas.
H. Accomplish the objectives of the comprehensive plan in a voluntary
manner through the use of incentives.
940.030 Application Types.
Subd.l. Four application types are available, three of which are an OS &P
development with development right bonuses as indicated below:
A. Standard Plat: 100% of development rights.
B. OS &P with no permanent preservation or restoration: Lots clustered
and in acceptable lot sizes to accommodate private septic system = 150%
of development rights.
C. OS &P with permanent preservation and or restoration: Lots clustered
and in acceptable lot sizes to accommodate private septic system and a
minimum of 25% of gross land area shall be preserved or restored and of
that, 50% shall be upland area. = 200% of development rights.
Title IX: 945 -1
Subdivision Regulations
August 24, 2009
D. OS &P with permanent preservation and or restoration and other
provisions as required in "C" with community well and septic under a
PUD = 300% of development rights
Subd 2. Lands within the Greenwav corridor as identified on natural resource mans
in the Comprehensive Plan qualify for OS &P plats. Other areas have been
identified as target areas by the City within the MUSA and in rural
residential areas. These areas are indicated on overlay natural resource
maps attached to the Comprehensive Plan.. A parcel outside one of these
categories may apply for permanent preservation or restoration and, if the
proposed permanent preservation or restoration is approved by the City, .
receive the applicable development right bonus as approved by the City_
Preservation and restoration areas shall follow the City's adopted Design
Standards for Preservation and Restoration lands.
Subd 3. Any Application type can develop in stages based on the approved plat.
Subd 4. A Planned Unit Development PUD) will be required for any application
tvne that nronoses a deviation from minimum lot size and/or the use of
off -lot septic or well or community septic or well.
940.040 — Procedure.
Subd. 1. All procedures for a standard subdivision as provided in Section 930 and
Section 935 of the Subdivision Ordinance shall be followed for each type
of open space preservation plat application, with the addition of the
following:
A. A pre - application
meeting with the
City and
potential easement
holders in
order for all parties to
be made
fully aware of any
procedures,
policies, or other issues regarding
the
plat.
B. A sketch /concept plan shall be required that includes the following_
1. Classification by wetland type and acreage of all wetlands with and
to a distance of 100 feet beyond the boundary lines of such plat.
2. Vegetation of the site ('pasture, woodlands, hedgerows, etc.)
including a general description of species of trees and a summary
of the approximate percent of each species and their size and stage
of maturity.
3. An outline of the land area to be designated as open space and its
proposed use as park, trail, temporary open space, permanent
preserve or restoration, or wastewater treatment area.
Title IX: 945 -2
Subdivision Regulations
August 24, 2009
C. Data for preliminary plat. All information required to be submitted in
Section 930 is required to be submitted with any OS &P application,
with the addition of the following:
1. A resource inventory presented on an aerial photograph at a scale
of no less than one inch equals 200 feet, including the followin&
a. Vegetation inventory identifying the general cover types
defining boundaries of woodland areas and identify stand-
alone tand_
alone trees of a size and species identified in the Citv
preservation and restoration standards as significant.
b. Trees or wooded areas to be removed for streets, drives,
buildings, drainage or other purposes shall be identified.
c. Visual resources, showing views onto the tract from
surrounding roads and public areas, as well as views within the
tract.
d. Description of the historic character of buildings and
structures, historically important landscapes, and known
archeological features.
e. Context, including general outlines of existing buildings, land
uses, and natural features such as water bodies or wooded
areas, roads and property boundaries within 100 feet of the
tract.
2. A calculation of the proposed open space or preservation plat
density as determined by Section 940.070.
3. A narrative from the applicant as to the rationale behind the
proposed layout and open space.
4. An itemized list of all documents, agreements and actions
necessary to be completed prior to recording of f the plat, including
land area to be protected with a conservation easement as open
space or park dedication, the number and size of lots, areas
proposed for stormwater management and sewage treatment areas
(primary and secondary). This shall include all applicable
Homeowners' association documents (if any), including bylaws,
deed restrictions, covenants, and proposed conservation easements,
prepared or approved by the holder of the conservation easement.
940.050 — Development Standards.
Title IX: 945 -3
Subdivision Regulations
August 24, 2009
Subd. 1. OS &P or restoration plats shall comply with the following minimum
standards:
A. Land area.
1. Minimum gross acreage is determined based on a wastewater
treatment plan. On -site treatment will require appropriate setbacks
and a primary and secondary wastewater treatment /disposal site.
2. Under an OS &P with no permanent preservation or restoration,
land not used in the development may be retained by the owner
and any successor in interest, subject to a covenant with the City
that such land may not be developed until such time as urban sewer
service is provided and at such time shall be subject to
development standards with urban densities. Continued
agricultural use shall be permitted until such time as sewer and
water are available and orderly urban development occurs.
3. Under an OS &P with permanent preservation or restoration a
minimum of 25% percent of the gross land area (of no more than
two pieces) of the development site shall be dedicated as preserved
open space protected by a conservation easement or deed
restrictions in favor of the city. Of that amount, 50 percent net
12.5 %) shall be upland area. Wetland restoration (including
abandonment of legally tiled areas) will be credited towards the
12.5% upland. One acre of restored wetland shall eaual one acre
of upland.
B. Open space development standards. Open space to be permanentlX
preserved or restored within an OS &P plan shall meet the following
criteria:
1. Open spaces shall be protected by the placement of a conservation
easement, covenant or deed restriction in favor of the City over the
open space.
2. Open space shall be owned by an individual, a homeowners'
association, the City or other legal entity that will use the land for
open space purposes pursuant to a conservation easement or
covenant restricting additional development until urban services
are provided (only pplies to open space in excess of required
25 %). In the case of private ownership of open space where public
access is desired, such as a trail crossing or other public purpose,
the City shall require that a public easement be provided over the
open space area.
Title IX: 945 -4
Subdivision Regulations
August 24, 2009
3. In the event that it is impossible to locate sufficient suitable
building sites to use the development rights generated by the
property plat design, such rights y be transferred to an
adjacent property, within the city, so long as the development
rights are used in a development that also follows open space
development standards and does not exceed a 35% increase in
development intensity compared to the property without
transferred -in development rights. A PUD will be required for any
OS &P desiring to transfer development rights.
4. A preservation, restoration and management plan agreeable to the
City shall be prepared and filed for open space land. This plan
shall include areas proposed for interim agricultural uses as well as
permanent easements.
a. The City Council may, at its discretion, require financial
guarantees of performance of restoration, seeding cutting or
planting_
b. Where land remains in the ownership of the developer or an
association, the City may inspect the property at any time to
ensure that provisions of the management plan are being
implemented.
c. The City shall adopt a model restoration and management
may be adapted as appropriate to each situation.
C. Water and sewer systems.
1. Water may be provided by individual on -site wells, or by one or
more community wells in open space areas, meeting all State
Department of Health requirements.
2. Individual sewage treatment systems are required to be located on
each individual lot, except as otherwise approved by the City
Council. The developer must identify both primary and secondary
locations. Individual sewage systems shall not be located on land
with permanent preservation or restoration easements or land
dedicated to the City.
3. The City may pprove a centralized wastewater treatment system
and smaller individual lots as part of a Planned Unit Development
(PUD), provided the applicant can show compliance with MPCA
standards and the City finds that the proposal would comply with
PUD standards, all City requirements and would have no adverse
impact on the environment or neighboring properties. Centralized
Title IX: 945 -5
Subdivision Regulations
August 24, 2009
wastewater treatment systems may be located in temporarily
restricted open space within an easement. This area shall not be
included in the land area designated as preserved or restored open
space. A sewage treatment system management plan must be
submitted to the city that must be reviewed and approved prior to
being recorded with the final plat. The plan shall clearly identify
the following:
a. The applicant must provide the following information to
Support the proposed primary and secondary septic sites:
i. Hydrologic study prepared by qualified individual for
the proposed septic site.
ii. A minimum of 4 soil borings on each primary septic
site and 2 soil borings on each secondary site.
iii. Percolation tests for the primary septic site.
iv. Well locations for the proposed development.
b. The applicant must provide a management (maintenance,
replacement and repair) plan for centralized wastewater
treatment system as approved by the City. The management
plan must be reviewed and approved by the City Council and
recorded with the final plat. The plan should clearly identify
the following:
i. The ownership of the centralized wastewater treatment
system.
ii. An annual schedule for maintenance, inspection and
monitoring of the centralized wastewater treatment system.
iii. Assignment of responsibility for the management of and
payment for the centralized wastewater treatment system.
iv. Contingency, plan in the event of failure of the centralized
wastewater treatment.
v. Financial guarantees, covering the estimated cost of
maintaining and nd replacing a centralized system.
Title IX: 945 -6
Subdivision Regulations
August 24, 2009
vi. Provisions describing how the sewage treatment portion of
the system will be protected from vehicles, animals,
humans and other sources of risk.
vii. The name and license number of the system's designer.
viii. Provision for cost effective future connection of the
wastewater treatment system(s) to urban services within
one year after such services are provided at the boundary of
the development, with sufficient financial guarantees to
ensure no added cost to the City.
ix. If financial guarantees for any of the above provisions are
part of an association assessment or treasury fund, the City
shall be given access to annual audit records, at the expense
of the association, to ensure proper funding. If such
guarantees are the private responsibility of the developer,
the City shall require guarantees from the responsible
individual(s).
D. Dimensional regulations and Development standards. The
dimensional regulations for open space preservation plats may be
reduced from the underlying zoning district dimensional regulations
provided they comply with the following minimums:
1. Minimum lot size. The applicant must provide information to
show that a primary and secondary septic site can fit on the site or
on adjacent property in compliance with ordinance requirements.
2. Building setbacks. Building setbacks shall be as follows:
a. Front: Front line of home shall be within 75' of front property
line. (100 feet from arterial roads).
b. Side, internal: 15 feet.
c. Side, street: 25 feet.
d. Rear: 25 feet.
3. Maximum impervious surface. Maximum impervious surface
within each lot shall be 25 percent.
4. Variations from the dimensional requirements for lot size, setbacks
or impervious surface may be qpproved by the City Council if the
Title IX: 945 -7
Subdivision Regulations
August 24, 2009
City Council finds that the request is consistent with the PUD
standards.
5. Street standards. Street standards shall comply with this article.
6. Accessory structures (such as gazebos, benches and play
equipment) shall be allowed on preserved open space lots without
a principal structure as provided for in the developer's agreement
and approved by the City Council.
7. A buffer zone of at least 100 feet shall be provided at the perimeter
of the developed area of the site abutting public streets. The buffer
zone shall be thickly planted with native grasses, shrubs and trees
to minimize land use conflicts.
E. Development design guidelines applicable to all OSP developments
with no permanent preservation of open space:
1. All lots shall be clustered in a manner to create temporary
open space that will be held in a covenant for future
development at the time sewer is extended.
2. The temporary open space shall be contiguous land, or
adjacent to a similarly classified property, in order to
facilitate future development.
3. A ghost plat shall be designed for all temporM open space
areas at the same time as the Preliminary and Final plat is
review and approved. The ghost plats shall indicate future
access, internal road net work and connections and future
lot la.
4. All lots shall front a paved road, internal to the site.
F. Development design guidelines applicable to all OS &P developments
with permanent preservation or restoration of open space. Residential
lots should be designed to achieve as many of the following objectives
as possible:
1. Arrange lots around a central focal point such as:
a. A central green, boulevard or square.
b. A physical amenity such as a meadow, a stand of trees, a
stream or water bodv. or some other natural feature.
Title IX: 945 -8
Subdivision Regulations
August 24, 2009
2. Locate lots such that at least 50 percent of the lots within a
neighborhood abut open space, or other amenity, on at least one
side. A local street may separate lots from open space.
3. Preserve views from each building unit and from off -site vantage
points to the maximum possible.
4. Locate neighborhood recreational open spaces such that they are
an integral part of the neighborhood, are suitable for the projected
demographic makeup of residents, are at an elevation appropriate
to their intended recreational use, have boundaries that are clearly
defined and are accessible to all neighborhood residents from a
public street or trail. Connect individual home sites with
pedestrian corridors or sidewalks to larger open spaces and places
of destination on -site and off -site. Open spaces should be
accessible to pedestrians at roughly 1,200 -foot intervals along
public roadway_ s. Pedestrian corridors between lots shall be at
least 50 feet in width and buffered from view of adiacent
properties.
5. Locate lots to preserve woodlands, farmland or other natural
features or character, including places of historic, archeological or
cultural value. Preserve natural resources as identified in the
Comprehensive Plan to the maximum extent possible in a
contiguous, connected configuration. Natural open spaces may
include, but are not limited to, fields, wetlands, slopes, bluffs,
woods, lakes, ponds, streams, shore lands, and other
environmentallv sensitive areas.
6. Providing covenants to create an architectural theme to include
items such as landscaping, porches, side or rear loaded or detached
garages. A written narrative describing the architectural theme
shall be provided with the preliminm plat.
7. Locate houses and .,.garages such that the garages do not dominate
the streetscape.
8. Locate septic systems on the most suitable soils for subsurface
septic disposal and in such manner as to provide for cost effective
and least disruptive future connection of the wastewater treatment
system (s) to urban services.
9. Landscape common areas and street rights -of -way with native
vegetation with high wildlife conservation value.
Title IX: 945 -9
Subdivision Regulations
August 24, 2009
940.060 — Ownership of Common Areas,
Subd.1. Operation and maintenance requirements for residential subdivision
common open space facilities shall be as provided in this division. Where
certain land areas or structures are provided within the subdivision for
private recreational use or as common service facilities or centralized
wastewater treatment systems, the owner of such land and buildings shall
provide covenants as approved by the City to ensure their continued
operation and maintenance to a predetermined reasonable standard. These
common areas may be placed under the ownership of one of the following,
depending upon which is more appropriate in the discretion of the cites
A. Dedicated to the public where a community -wide use would be
anticipated; or
B. Subdivider's ownership and control; or
C. Homeowners' associations. A homeowners' association shall be
established to maintain all permanently preserved open space and
recreational facilities, except in cases where the land is dedicated to
the City for public purposes. Such homeowners' association
management agreements shall be established prior to the sale of any
lots. Homeowners' association management agreements shall include
the following:
1. The agreement shall include a legal description of the common
lands, facilities and permanent open space.
2. The permanent open space restrictions must be in perpetuity and
not for a specific term of years.
3. Membership in the association shall be mandatory for all
purchasers of homes in the development and their successors.
4. The agreement shall include restrictions placed upon the use and
enjoyment of the lands or facilities, including the persons or
entities entitled to enforce the restrictions.
5. The agreement shall include a mechanism for resolving disputes
among the owners or association members.
6. The agreement shall provide standards for scheduled maintenance
of open spaces, buildings and facilities. The association must be
responsible for liability insurance and local taxes,
Title IX: 945 -10
Subdivision Regulations
August 24, 2009
7. The agreement shall provide a plan guaranteeing continuing
maintenance of open spaces that shall be submitted to the city
council as part of the data requirements for an open space
development.
8. The agreement shall include a mechanism to assess and enforce the
common expenses for the land or facilities, including upkeep and
maintenance expenses, real estate taxes and insurance premiums.
9. The agreement shall include the conditions and timing of the
transfer of ownership and control of land or facilities to the
association or the common ownership.
10. The homeowners must pay their pro rata share of associated costs
and the assessment levied by the association shall become a lien on
the property in accordance with the law; and
11. The association must be able to adjust the assessment to meet
changed circumstances and needs
12. Any proposed change in the articles of association or incorporation
shall require the prior written approval of the City.
13. Any other matters the developer or City deems appropriate shall be
included.
940.070 — Calculation of Base Density; Density Bonuses.
Subd. 1. To calculate the allowed density for a given parcel for open space
preservation plat purposes, the following shall hall apply:
A. OS &P Plats (all application types) must provide paved access within
the site and must require all owners and their successors to covenant
that they will participate at 100% of the per unit cost of future
assessments for paving ry standards the principal roads servicing
the site, if those roads are not currently paved.
B. Development rights shall be as recorded on the official City of
Corcoran "Development Rights Map" and as described in Section
1040.030, Subd. 7 (Density Requirements) of the Zoning Ordinance.
C. Multiply the number of development rights on the parcel by the
percent based on the application type to determine the maximum
number of lots. Percentages are as follows:
1. Standard Plat: = 100% of development rights (1 in 10 or 1 in 30)
Title IX: 945 -11
Subdivision Regulations
August 24, 2009
2. OS &P design with no permanent preservation or restoration = 150%
3. OS &P with permanent preservation and or restoration = 200%
4. OS &P with community well and septic (subject to PUD) = 300%
Example 1:
Gross land area consisting of approximately 46 acres in a 1 in 10
densitv district.
Standard Plat: 46 x 1 (100% of development rights) = 4.6
development rights which is rounded up to 5.
OS &P with no permanent dedication = (46/10) 1.5 (150% of
development rights) = 6.9 development rights which is rounded
up to 7.
OS &P with permanent dedication= (46/10) x 2.0 (200% of
development rights) = 9.2 development rights, which rounds
down to 9.
OS &P with permanent dedication and community well and
septic = (46/10) 3.0 (300% of development rights) = 13.8
development rights, which rounds up to 14.
Maximum density = 46/14 = 1 in 3.29
Example 2:
Gross land area consisting of approximately 60 acres in a 1 in 10
density district.
Standard Plat: 6 x 1 (100% of development rights) = 6
development rights
OS &P with no permanent dedication = (60/10) 1.5 (150% of
development rights) = 9 development rights.
OS &P with permanent dedication = (60/10) x 2.0 200% of
development rights) = 12 development rights.
Title IX: 945 -12
Subdivision Regulations
August 24, 2009
OS &P with permanent dedication and community well and
septic = (60/10) x 3.0 (300% of development rights) = 18
development rights.
Maximum density = 60/18 = 1 in 3.33
(Ord. 212, passed 12- 21 -04, Ord. 224, passed 10- 27 -05)
Title IX: 945 -13
Zoning
Ordinance
City of Corcoran, Minnesota
THIS ZONING ORDINANCE IS SUBJECT TO PERIODIC AMENDMENTS TO REFLECT ZONING DISTRICT
CHANGES (MAP) AND LANGUAGE CHANGES. USERS ARE RESPONSIBLE FOR ASSURING THAT THEIR
COPY OF THE ORDINANCE IS CURRENT. THE CITY MAINTAINS A CURRENT LISTING OF ALL
ORDINANCE AMENDMENTS.
THE CITY COUNCIL PERIODICALLY SUPPLEMENTS THE CITY CODE, INCLUDING THIS ORDINANCE,
WITH POLICY RESOLUTIONS WHICH ARE DEEMED PART OF THE ORDINANCE. COPIES OF SUCH
POLICIES ARE AVAILABLE AT CITY HALL.
Deleted: ¶
City of Corcoran
8200 County Road 116
Corcoran, MN 55340
763.420.2288
Adopted March 23, 2004
Current as of August 24, 2009
DRAFT April 7. 2011
This page left intentionally blank.
Table of Contents Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
Table of Contents
SECTION 1010 — TITLE, PURPOSE AND INTENT
Pau
1010.010
Title ........................................................ ............................... Title X: 1010 -1
1010.020
Purpose and Intent ........ ............................... ..........................Title
X: 1010 -1
1010.030
Application of this Ordinance ..................... ..........................Title
X: 1010 -1
1010.040
Uses Not Provided for within Zoning Districts ....................Title
X: 1010 -2
1010.050
Relationship to Comprehensive Plan .......... ..........................Title
X: 1010 -2
1010.060
Authority ...................... ............................... ..........................Title
X: 1010 -2
1010.070
Separability .................. ............................... ..........................Title
X: 1010 -2
SECTION 1020 - RULES AND DEFINITIONS II�fl�il
1020.010 Rules ............................ ............................... ..........................Title X: 1020 - IIII I
1020.020 Definitions .................... ............................... ..........................Title X: 1020 -III II
SECTION 1030 - GENERAL REQUIREMENTS I�I IIII
1030.010 Non - Conforming Buildings, Structures, Uses and Lots .......Title X.. 1030-2,j �IjIII
1030.020 Accessory Buildings, Structures, Uses and Equipment ........ Title X. 1030 -5 II III
1030.030 Minimum Residential Building Standards .. ..........................Title X: 1030 -9
III /
1030.040 Temporary Structures . ............................... ..........................Title X: 1030 I//
III/
1030.050 Relocated Structures .. ............................... ..........................Title X: 1030- �JIII�/
1030.060 Mining and Soils Processing ..................... ..........................Title X: 1030 -jAj II/
1030.070 Bulk Storage ( liquid) .. ............................... ..........................Title X: 1030 -1z I
1030.080 Height Limitations ..... ............................... ..........................Title X: 1030 -j6
1030.090 Essential Services ....... ............................... ..........................Title X: 1030 - I�
1030.100 Home Occupations ..... ............................... ..........................Title X: 1030- 1jI��'
SECTION 1040 - DISTRICT REGULATIONS
1040.010 Establishment of Districts ........................... ..........................Title X: 1040 -1 j
1040.020 ,Urban Reserve (UR) District ..................... _Title X: 1040 -4//
1040.030 Rural Residential (RR) District ....... ...... ...... ...... ......Title X: 1040 -j-V
1040.040 Single Family Residential SF -1) District ........................Title X. 1040 -�/ i
1040.041 Single Family Residential (RSF -2) District ........ ..... .....Title X: 1040 -1./ i
1040.050 Single and Two - Family SF- District .... .................. .......Title X: 1040-1,/
1040.060 Medium Density Residential (RMF -1) District ....................Title X: 1040 -2
1060.065 Mixed Residential (RMF -2) District ........... ..........................Title X: 1040 -2
1040,Q70 _Nigh Density Residential F -3) District ..........................Title X: 1040 -j
1040,P80 Manufactured home Park (MP�District ..... ..........................Title X: 1040 -7
1040 9090 Rural Commercial (CRYDistrict ... ..... ..... ... ......Title X: 1040 -*
1040,095_ Transitional Rural Commercial (TCR) District ..................Title X: 1040 -2
1040 Neighborhood Commercial (C-1) District .......................... Title X: 1040 -2
1040 Community Commercial CC-2) .. ..... ...... .......Title X: 1040 -3
1040.E _Business Parkes P) District ............................................... Title X: 1040 -4 `
1040.125 Light Industrial (I -1) District .. ..... ..... ..... ...... ....Title X: 1040 -4Q
III;\
I
Title X: Index -1 III;
IIIII
IIII
I I
II I
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Deleted: 12
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Deleted: 13
Deleted: 20
Deleted: 15
Deleted: 1
Deleted: 1
Deleted: Agriculture (A)
Deleted: 4
Deleted: 3
Deleted: 16
Deleted: 11
Deleted: R -1
Deleted: 23
Deleted: 17
Deleted: 1
Deleted: R -2
Deleted: 1
Deleted: 23
Deleted: 060 ... Multiple Family 1
Deleted: 2
Deleted: 27
Deleted: 070
Deleted: 9
Deleted: 31
Deleted: 080
Deleted: 16
Deleted: 37
Deleted, 085
Deleted: 24
Deleted, 45
Deleted: 090
Deleted: 28
Deleted: 46
Deleted: 120
Table of Contents Corcoran Zoning Ordinance / Deleted: 60
August 24, 2009 DRAFT April 7. 2011 /
Deleted: 71
Deleted: 130
1040.120 Downtown Mixed Use (DMU) District ... ..........................Title X: 1040 -44 Deleted: 79
1040 Planned Unit Development (PPD)_District ........................Title X: 1040 -5
1040 Public/Institutional (PI) District...... .......Title X: 1040 -6� Deleted: 81
...........................
Deleted: 1
SECTION 1050 - OVERLAY DISTRICTS Deleted: 1
1050.010 Wetland Overlay District ............................ ..........................Title X: 1050 -1 J Deleted: 13
1050.020 Shoreland Overlay District ....................... ..........................Title X: 1050 -13,, Deleted: 13
1050.030 Flood Plain Overlay District ..................... ..........................Title X: 1050 -3-1,_ [Deleted: 31
Deleted. 29
SECTION 1060 - PERFORMANCE STANDARDS Deleted: 1050.040
1060.010 Exterior Storage ........... ............................... ..........................Title X: 1060 -1, Deleted: 1
1060.020 Refuse .......................... ............................... ..........................Title X: 1060 -2
Deleted: 1
1060.030 Screening ...................... ............................... ..........................Title X: 1060 -3_
1060.040 Lighting Title X: 1060 -44 Deleted: 3
1060.050 Building Standards ....... ............................... ..........................Title X: 1060 -5 \
Deleted: 3
1060.060 Parking and Loading Title X: 1060 - Deleted: 4
1060.070 Landscaping ............... ............................... ..........................Title X: 1060 -17 \\ Deleted: 4
1060.080 Fences and Walls ....... ............................... ..........................Title X: 1060 -2\ Deleted: 5
1060.090 General Performance Standards ................ ..........................Title X: 1060 -4 \\\\ \ Deleted: 5
1060.100 Telecommunications Services .................. ..........................Title X: 1060 -22 Deleted: 9
SECTION 1070 - ADMINISTRATION, PERMITS AND PROCEDURES II Deleted: 7 Deleted: 19
1070.010 Zoning Amendments (Text and Map) ......... ..........................Title X: 1070-_],, II
1070.020 Conditional Use Permits ............................. ..........................Title X: 1070 - I Deleted: 16
1070.030 Inter>m Uses ................. ............................... ..........................Title X: 1070 -� I
Deleted: 23
1070.040 Variances ...................... ............................... ..........................Title X: 1070 -9 III Deleted: 20
1070.050 Site Plan ................... ............................... ..........................Title X: 1070 -1 \III Deleted: 24
1070.060 Administrative Permits and Approvals ..... ..........................Title X: 1070 -2 III I Deleted: 21
1070.065 Certificate of Compliance ......................... ..........................Title X: 1070 -2 III Deleted: 26
1070.070 Development Rights Map ......................... ..........................Title X: 1070 -29 III III
� Deleted: 23
1070.080 Fees ............................ ............................... ..........................Title X: 1070 -29 �I II Deleted: 1
1070.090 Appeals ...................... ............................... ..........................Title X: 1070- III Deleted: 1
1y IIIII
SECTION 1080 - ENFORCEMENT PROVISIONS ..... ..........................Title X: 1080 -1 \IIIII Deleted:3
II Deleted:3
IIIIIII Deleted:8
APPENDIX A — DESIGN GUIDELINES ..... ............................... Title X: Appendix A- IIIII Deleted: 8
II� III Deleted: 9
I
Il IIIIIII Deleted:9
1�IIII Deleted: 13
\IIIII Deleted, 13
III Deleted: 23
IIIIIII Deleted: 23
III Deleted: 23
IIIIIDeleted, 30
IIII
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III Deleted, 30
I Deleted: 26
Title X: Index -2 III
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Title, Purpose and Intent Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
SECTION 1010 — TITLE, PURPOSE AND INTENT
1010.010 -Title
This Ordinance shall be known, cited and referred to as the Corcoran Zoning Ordinance
except as referred to herein, where it shall be known as "this Ordinance ".
1010.020 - Purpose and Intent
This Ordinance is adopted for the purpose of:
1. Implementing the approved Comprehensive Plan.
2. Protecting the public health, safety, morals, comfort, convenience and general
welfare.
3. Facilitating adequate provisions for transportation, water, sewage, schools,
parks, and other public requirements.
4. Balancing residential, commercial and industrial development and population
to provide a tax base that can adequately supply the necessary level of
services within the City.
5. Providing convenient retail sales and service centers for residents.
6. Facilitating continuation of commercial agriculture within the City.
7. Minimizing conflicts between land used for agricultural production and land
demanded for development.
8. Conserving natural resources and maintaining a high standard of
environmental quality.
9. Conserving the natural, scenic beauty, rural character, and attractiveness of
the Corcoran countryside.
10. Providing for the administration of this Ordinance.
11. Defining the powers and duties of the administrative officers and bodies.
12. Prescribing penalties for the violation of the provisions of this Ordinance.
1010.030 - Application of this Ordinance
Subd. 1. In their interpretation and application, the provisions of this Ordinance
shall be held to the minimum requirements for the promotion of the
public, health, safety and welfare.
Subd. 2. Where the conditions imposed by any provisions of this Ordinance are
either more or less restrictive than comparable conditions imposed by
other law, ordinance, rule or regulation of the city, state, or federal
government, the law, ordinance, rule, or regulation which imposes the
more restrictive condition, standard or requirement shall prevail.
Subd. 3. No structure shall be erected, converted, enlarged, reconstructed or
altered, and no structure or land shall be used for any purpose nor in any
manner which is not in conformity with the provisions of this Ordinance.
Title X: 1010 -1
Title, Purpose and Intent Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
Subd. 4. Except as herein provided, no building, structure or premises shall
hereafter be used or occupied and no building permit shall be granted that
does not conform to the requirements of this Ordinance.
Subd. 5. Except as herein provided, no land subdivision shall be permitted that
creates non - conformities.
1010.040 - Uses not Provided for within Zoning Districts
Whenever in any zoning district a use is not specifically allowed, the use shall be
considered prohibited. In such case the City Council, or the Planning Commission, on
their own initiative or upon request, may conduct a study to determine if the use is
acceptable and if so what zoning district would be most appropriate and the
determination as to conditions and standards relating to development of the use.
1010.050 - Relationship to Comprehensive Plan
It is the policy of the City of Corcoran that the enforcement, amendment, and
administration of this Ordinance shall be accomplished by adhering to the
recommendations contained in the Comprehensive Plan as developed and amended from
time to time by the Planning Commission and City Council. The City Council recognizes
the Comprehensive Plan as the guiding policy for responsibility to regulate land use and
development in accordance with the policies and purpose set forth in this Ordinance.
1010.060 - Authority
This Ordinance is enacted pursuant to the authority granted under Minnesota Statutes,
Section 462.357.
1010.070 - Separability
It is hereby declared to be the intention of the City that several provisions of this
Ordinance are separable in accordance with the following:
A. If any court of competent jurisdiction shall adjudge any provisions of this
Ordinance to be invalid, such judgment shall not affect any other provision of this
Ordinance not specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this Ordinance to a particular property, building or other structure,
such judgment shall not affect the application of said provision to any other
property, building or structure not specifically included in said judgment.
Title X: 1010 -2
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
SECTION 1020 — RULES AND DEFINITIONS
1020.010 — Rules
The language set forth in the text of this Ordinance shall be interpreted in accordance
with the following rules of construction:
1. The singular number includes the plural and the plural the singular.
2. The present tense includes the past and future tenses.
3. The words "shall" and "must" are mandatory, and the words "may" and "should"
are permissive.
4. The masculine gender includes the feminine and neuter genders.
5. Whenever a word or term is defined and appears in the text of this Ordinance, its
meaning shall be construed as set forth in such definition.
6. All measured distances expressed in feet shall be in the nearest tenth of a foot.
7. In event of conflicting provisions, the more restrictive provisions shall apply.
8. For terminology not defined in this Ordinance, the City Code, the Minnesota State
Building Code, or the Webster's Dictionary shall be used to define such terms.
9. In the event of a conflict between text and graphics, the text shall apply.
1020.020 - Definitions
ACCESSORY BUILDING: A subordinate building, or a portion of the main building
which is located on the same lot or parcel as the main building and the use of which is
clearly incidental to that of the main building or to the use of the premises.
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of
a nature customarily incidental and subordinate to, the principal use or structure.
ACREAGE, GROSS: The total acreage of the land area, based on the predevelopment
conditions of the site. Existing public streets are deducted from the predevelopment land
area.
ACREAGE, NET: The gross land area minus wetlands and areas below the 100 -year
ordinary high water elevation. For proposed developments, net acreage is based on the
predevelopment conditions of the site. Existing public streets are deducted from the
predevelopment land area.
AGRICULTURAL USE: The production, for sale, of livestock, dairy animals, dairy
products, poultry, or poultry_ products, fur- bearing animals, horticultural or nursery stock,
fruit, vegetables, forage, grains, timber, trees or bees and apiary products.
AGRICULTURAL BUILDING: An accessory building located on residential property
for the exclusive use of anAgricultural Use, Agricultural buildings shall not be used for
storage of personal or business vehicles or materials unrelated to the Agricultural Use
To be classified as an agricultural building for the purposes of the Zoning Ordinance, the
Title X: 1020 -1
Deleted: An area which is used for the
production of farm crops as well as for
the raising of farm poultry and domestic
and non - domestic farm animals, such as
horses, cattle, sheep and swine.
Deleted: purposes of
Deleted: only
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
building must be located on a minimum of 10 contiguous acres that are used for
agricultural purposes.
ALLEY: A public right -of -way which provides a secondary means of access to abutting
property.
BASEMENT: A portion of a building located partly underground but having half or
more of its floor to ceiling height below the average grade of the adjoining ground.
BED AND BREAKFAST: A single family dwelling in which four (4) or fewer transient
guest rooms are rented on a nightly basis for periods of less than one (1) week and where at
least one (1) meal is offered in connection with the provision of sleeping accommodations
only.
BOARDINGHOUSE (ROOMING OR LODGING HOUSE): A building other than a
motel or hotel where, for compensation and by prearrangement for definite periods, meals
or lodgings are provided for three or more persons, but not to exceed 20 persons.
BUILDING: Any structure having a roof which may provide shelter or enclosure of
persons, animals, chattel, or property of any kind and when said structures are divided by
party walls without openings, each portion of such building so separated shall be deemed
a separate building.
BUILDING AREA: add definition
BUILDING FOOTPRINT: add definition
BUILDING HEIGHT: The vertical distance to be measured from the grade of a
building line to the top of the cornice of a flat roof, to the deck line of a mansard roof, to
a point on the roof directly above the highest wall of a shed roof, to the upper most point
on a round or other arch type roof, to the mean distance of the highest gable on a pitched
or hip roof.
BUILDING INSPECTOR OR BUILDING OFFICIAL: Individual so designated and
authorized by the Corcoran City Council.
BUILDING LINE: A line parallel to the street right -of -way, street easements or
ordinary high water level at any story level of a building and representing the minimum
distance that all or any part of the building is set back from said right -of -way, easement
or ordinary high water level. The case of street easements, the building line shall be the
required front yard plus' /2 the easement width measured from the centerline.
CARPORT: A permanent roofed structure with not more than two enclosed sides used
or intended to be used for automobile shelter and storage.
Title X: 1020 -2
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
CENTRAL WATER AND SEWER SYSTEMS: Utility systems serving a group of
buildings, lot or any area of the City, with the design and construction of such utility
systems as approved by the City and State of Minnesota.
CITY: City of Corcoran, Hennepin County, Minnesota.
CITY CLERK: Individual so designated and authorized by the Corcoran City Council.
CITY COUNCIL: The governing body of the City of Corcoran, Hennepin County,
Minnesota.
CITY ENGINEER: Individual or firm so designated and authorized by the Corcoran
City Council.
CITY PLANNER: Individual or firm so designated and authorized by the Corcoran
City Council.
COMPREHENSIVE PLAN: "Comprehensive Plan" is a compilation of goals, policy
statements, standards, programs and maps for guiding the physical, social and economic
development, both public and private, of the municipality and its environs, as defined in
the Minnesota Municipal Planning Act, and includes any unit or part of such plan
separately adopted and any amendment to such plan or parts thereof.
CONDITIONAL USE: A use classified as conditional generally may be appropriate or
desirable in a specific zone, but requires special approval because if not carefully located
or designed it may create special problems such as excessive height or bulk, abnormal
traffic congestion or environmental disruption.
CONTRACTOR OPERATION: An area and/or building devoted to use by a person
who contracts to supply certain materials or to do certain work in the field of building
trades.
DAYCARE FACILITY: Any public or private facility licensed by the State of
Minnesota, that regularly provides one or more persons with care, training, supervision,
habilitation, rehabilitation or development guidance on a regular basis for a period less
than 24 hours per day. Daycare facilities include, but are not limited to: family daycare
homes, group family daycare homes, daycare nurseries, day nurseries, nursery schools,
Preschools, Montessori schools, as defined by Minnesota State Statutes, Chapter 245A.
DECK: A horizontal, unenclosed platform with or without attached railings, seats,
trellises or other features attached or functionally related to a principal use or site.
DENSITY, GROSS: The number of housing units divided by the gross residential
acreage (total land area), based on the predevelopment conditions of the site. Existing
public streets are deducted from the predevelopment land area.
Title X: 1020 -3
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
DENSITY, NET: The number of housing units divided by the net residential acreage
(gross land area minus wetlands and areas below the 100 -year ordinary high water
elevation). For proposed developments, net acreage is based on the predevelopment
conditions of the site. Existing public streets are deducted from the predevelopment land
area.
DEVELOPABLE AREA: The net land area available for development. Developable
area is based on the pre - development conditions of the site and is calculated as follows:
gross land area minus wetlands, areas below the 100 -year ordinary high water elevation
and right -of -way or easements for existing public streets.
DRIVE - THROUGH: Any use where products and/or services are provided to the
customer under conditions where the customer does not have to leave the car or where
fast service to the automobile occupants is a service offered regardless of whether the
service is provided within the building.
DWELLING: A building or portion thereof, designated exclusively for residential
occupancy, but not including hotels, motels, nursing homes, boarding or rooming houses,
tents, seasonal cabins, or motor homes or travel trailers.
DWELLING, APARTMENT: A building designed with 3 or more dwelling units
exclusively for occupancy by 3 or more families living independently of each other, but
sharing hallways and main entrances and exits.
DWELLING, ATTACHED: A building where a dwelling unit is joined in a horizontal
fashion to one or more dwelling units by party wall or walls.
DWELLING, DETACHED: A dwelling unit entirely surrounded by open space.
DWELLING,,ENIOR (AGE RESTRICTED: Multiple family dwelling designed for Deleted: ELDERLY (
and occupied primarily by persons over 55 years of age, and which may include on -site Deleted: c>T1zEly
recreational, social or health care services for the benefit of the residents.
DWELLING, MULTIPLE FAMILY: Three or more dwelling units grouped into one
building, including apartments.
DWELLING, SINGLE FAMILY: A building designed for and occupied exclusively by
one family.
DWELLING, TWO FAMILY: A building designed for occupancy by 2 families in
separate dwelling units.
DWELLING UNIT: A residential building or portion thereof intended for occupancy by
one or more persons with facilities for living, sleeping, cooking and eating, but not
including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming
houses, motor homes, or travel trailers.
Title X: 1020 -4
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
DWELLING UNIT, ACCESSORY: A self - contained dwelling unit having its own
kitchen and bathroom facilities, and which is designed as a second separate dwelling unit
that is clearly incidental and subordinate to the principal use of a lot.
ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by
private or public utilities, or municipal departments of underground or overhead
telephone, gas, electrical, steam, hot water, waste, or water transmission, distribution,
collection, supply or disposal systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and
other similar equipment and accessories in connection therewith for the furnishing of
adequate service by such private or public utilities or municipal departments. Essential
services shall not include waste facilities.
ESSENTIAL SERVICE STRUCTURES: Structures and buildings necessary for the
operation of essential services, including but not limited to: telephone buildings,
telephone booths, gas regulator stations, substations, electrical stations, water tanks, lift
stations. Essential service structures shall not include transmission/reception antennas.
EXTERIOR STORAGE: The storage of goods, materials, equipment, manufactured
products and similar items not fully enclosed by a building.
EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel,
rock, industrial minerals, other non - metallic minerals and peat not regulated under
Minnesota Statutes, Section 93.44 to 93.51.
FAMILY: An individual or a group of two or more persons each related by blood,
marriage, adoption, or foster care arrangement living together as a single housekeeping
unit, or a group of not more than four persons not so related, maintaining a common
household, and using common cooking and kitchen facilities, exclusive of usual servants.
FLOOD RELATED:
Accessory Use or Structure: a use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or structure.
Basement: 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.
Conditional Use: means a specific type of structure or land use listed in the
official control that may be allowed but only after an in -depth review procedure
and with appropriate conditions or restrictions as provided in the official zoning
controls or building codes and upon a finding that:
A. Certain conditions as detailed in the zoning ordinance exist.
Title X: 1020 -5
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
B. The structure and/or land use conform to the comprehensive land
use plan if one exists and are compatible with the existing neighborhood.
Equal Degree of Encroachment: a method of determining the location of
floodway boundaries so that flood plain lands on both sides of a stream are
capable of conveying a proportionate share of flood flows.
Flood: a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
Flood Frequency: the frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
Flood Fringe: that portion of the flood plain outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood Insurance
Study for the City of Corcoran.
Flood Plain: the beds proper and the areas adjoining a wetland, lake or
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 bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining flood plain which are reasonably required to carry
or store the regional flood discharge.
Lowest Floor: the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used solely for parking of vehicles,
building access, or storage in an area other than a basement area, is not considered
a building's lowest floor.
Manufactured Home: a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured
home" does not include the term "recreational vehicle."
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 plain which may impede, retard, or
change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
Title X: 1020 -6
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
Principal Use or Structure: means 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 man -made obstruction. In an urban
area, the segment of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
Recreational Vehicle: a vehicle that is built on a single chassis, is 400 square feet
or less when measured at the largest horizontal projection, is designed to be self -
propelled or permanently towable by a light duty truck, and is designed primarily
not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use. For the purposes of this Ordinance,
the term recreational vehicle shall be synonymous with the term travel
trailer /travel vehicle.
Regional Flood: a flood which is representative of large floods known to have
occurred generally in Minnesota 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 a flood insurance study.
Regulatory Flood Protection Elevation: The regulatory flood protection
elevation shall be an elevation no lower than two feet above the elevation of the
regional flood plus any increases in flood elevation caused by encroachments on
the flood plain that result from designation of a floodway.
Structure: anything constructed or erected on the ground or attached to the
ground or on -site utilities, including, but not limited to, buildings, factories, sheds,
detached garages, cabins, manufactured homes, recreational vehicles not meeting
the exemption criteria specified in Subd.9.C.1 of Section 1050.030 of the Zoning
Ordinance and other similar items.
Substantial Damage: means damage of any origin sustained by a structure where
the cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage
occurred.
Substantial Improvement: within any consecutive 365 -day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair
after damage, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the "start
of construction" of the improvement. This term includes structures that have
incurred "substantial damage," regardless of the actual repair work performed.
The term does not, however, include either:
Title X: 1020 -7
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
A. Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official and
which are the minimum necessary to assure safe living conditions.
B. Any alteration of an "historic structure," provided that the alteration
will not preclude the structure's continued designation as an "historic
structure." For the purpose of this Ordinance, "historic structure" shall be
as defined in Code of Federal Regulations, Part 59.1.
Variance: means a modification of a specific permitted development standard
required in an official control including this Section to allow an alternative
development standard not stated as acceptable in the official control, but only as
applied to a particular property for the purpose of alleviating a hardship, practical
difficulty or unique circumstance as defined and elaborated upon in a
community's respective planning and zoning enabling legislation.
FLOOR AREA: The sum of the gross horizontal areas of the several floors of the
building measured from the exterior faces of the exterior walls or from the centerline of
walls separating two buildings. The floor area of a building shall include basement floor
area, penthouses, attic space having headroom of seven feet or more, interior balconies
and mezzanines, lean -tos, enclosed porches and floor area devoted to accessory uses.
However, any space devoted to mechanical equipment, stairwells, elevator shafts, parking
or loading shall not be included in floor area for the purposes of parking calculations.
GARAGE, PRIVATE: An accessory building or accessory portion of the principal
building which is intended for and used to store the private passenger vehicles of the
family or families who reside upon the premises.
GARDEN CENTER: A place of business where retail and wholesale garden products
are sold to the retail consumer and may include nurseries and greenhouses. These centers
import the majority of the items sold. These centers may also include the sale of
handicrafts, nursery products, fertilizer, potting soil, mulch, rock and other garden
supplies, including power equipment, such as garden tractors, lawnmowers, farm
equipment, etc.
GOVERNING BODY: Corcoran City Council.
GOVERNMENT BUILDING: A building that is operated by the U.S. federal
government, State of Minnesota, Metropolitan Council, Hennepin County, or City of
Corcoran for purposes of carrying out ,governmental duties. The definition does not
include publicly or privately operated school facilities (e.g., classrooms, administrative
offices, maintenance buildings).
Title X: 1020 -8
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
GREENHOUSE: A building used for the cultivation or protection of trees, plants,
flowers, vegetable and nursery stock for subsequent sale or seasonal enjoyment.
Greenhouses include hoop houses and may be permanent or portable.
HARDSHIP: A situation where property in question cannot be put to a reasonable use
under the conditions allowed by the official controls; the plight of the landowner is due to
circumstances unique to the 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 the
terms of the official controls.
HOTEL: A building which provides a common entrance lobby, halls and stairway and 3
or more guest rooms intended to be used for temporary lodging for compensation,
whether with or without meals.
HOME OCCUPATION: A Home Occupation is any gainful occupation or profession
engaged in by the legal resident of a dwelling, at or from the dwelling, or from an
accessory building. Home Occupations in this Ordinance are identified as allowed,
special (requiring an administrative permit) and conditional home occupations (requiring
an interim use pennl _ Deleted: anneal license
JUNK YARD: An open area where waste, used or second hand materials are bought,
sold, exchanged, stored, baled, packed, disassembled or handled, including but not
limited to, scrap, iron and other metals, paper, rags, rubber, ties, and bottles. A junk yard
includes an auto - wrecking yard, but does not include uses established entirely within
enclosed buildings. This definition does not include sanitary landfills.
KENNEL, COMMERCIAL: A structure or premises where dogs are kept or possessed
for the business of boarding, breeding, grooming and or training for profit.
KENNEL, HOBBY: A structure or premises that is located in a residential area that is
not operated as a business for the sale, breeding, grooming, boarding, or training but
rather as a hobby. Wherein the dogs are kept exclusively as personal /family pets.
LANDSCAPING: Alteration of the natural terrain, including the planting of trees, grass,
shrubs, and ground cover.
LOT: A parcel or portion of land in a subdivision or plat of land, separated from other
parcels or portions by description as on a subdivision of record or survey map, for the
purpose of sale or lease or separate use thereof.
LOT AREA: The area of a lot in a horizontal plane bounded by the lot lines.
LOT, CORNER: A lot situated at the junction of, and abutting on two or more
intersecting streets, or a lot at the point of deflection in alignment of a continuous street,
the interior angle of which does not exceed 135 degrees.
Title X: 1020 -9
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot
line of a lot.
LOT LINE: The property line bounding a lot except that where any portion of a lot
extends into an easement for public right -of -way, the line of such public right -of -way
shall be the lot line for applying this Ordinance.
LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated
public street, and in the case of a corner lot it shall be the shortest dimension on a public
street. If the dimensions of a corner lot are equal, the front lot line shall be designated by
the owner and filed with the City.
LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the
rear line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot
line shall be a line 10 feet in length within the lot, parallel to, and at the maximum
distance from the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD: Any lot which is one unit of a plat duly approved and filed, or one
unit of an Auditor's Subdivision or a Registered Land Survey that has been recorded in
the Office of the Register of Deeds or Registrar of Titles for Hennepin County,
Minnesota, prior to the effective date of this Ordinance.
LOT, THROUGH: A lot which has a pair of opposite lot lines abutting two
substantially parallel streets, and which is not a corner lot. On a through lot, both street
lines shall be from lot lines for applying this Ordinance.
LOT WIDTH: The maximum horizontal distance between the side lot lines of a lot
measured at the required front lot line or ordinary high water level of the shoreline.
MINING: The extraction of sand, gravel, rock, soil or other materials from the land in
the amount of 301 cubic yards or more and the removing thereof from the site without
processing shall be mining. The only exclusion from this definition shall be removal of
materials associated with construction of a building provided such removal is an
approved item in the building permit.
MANUFACTURED HOME: Any manufactured housing unit designed for
transportation on streets and highways on its own wheels or on flatbed or other trailers,
and a dwelling complete and ready for occupancy, except for minor and incidental
unpacking and assembly operations, location on jacks or permanent foundations,
connection to utilities and the like.
MANUFACTURED HOME PARK: An area which lots are rented for the placement
of non - transient occupied manufactured homes.
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Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
MODEL HOME: A home which is similar to others in a development and which is
temporarily open to public inspection for the purpose of selling.
MODULAR HOME: A non - mobile housing unit that is basically fabricated at a central
factory and transported to a building site where final installations are made, permanently
affixing the module to the site. A module home shall be congruous to a one family
dwelling.
MOTEL: A building or group of detached, semi - detached or attached buildings
containing 3 or more guest rooms or units, each of which has a separate entrance directly
from the outside of the building, or corridor, with garage or parking space conveniently
located to each unit, and which is designed, used or intended to be used primarily for the
accommodation of transient guests traveling by automobile.
MOTOR FUEL STATION: Any building or premises used for the dispensation, sale or
offering for sale at retail of any motor fuels, oils or lubricants. When the use is incidental
to the conduct of a public garage, the premises shall be classified as a public garage.
Such uses may include convenience food sales and car wash facilities, as accessory uses.
NURSERY: A place for propagation, cultivation, growth, sale and storage of trees,
plants, flowers, vines, fruits, vegetables and similar agricultural products, including
materials integral to proper nursery operation, from seed or stock. Nurseries may also
provide accessory items for the care and maintenance of nursery products, including
fertilizer, potting soil, mulch, rock and other garden supplies, but not including power
equipment, such as garden tractors, lawnmowers, farm equipment, etc. "Nursery" may
include greenhouses.
OFFICES, PROFESSIONAL OR COMMERCIAL: A building or portion of a
building wherein services are performed involving predominantly administrative,
professional or clerical operations.
OFF - STREET LOADING SPACE: A space accessible from a street, alley, or
driveway for the use of trucks or other vehicles while loading or unloading merchandise
or materials. Such space shall be of sufficient size to be accessible to and accommodate
one vehicle of the type typically used in the particular business.
PLANNED UNIT DEVELOPMENT: A zoning designation which allows a mixing of
buildings and uses which cannot be otherwise addressed under this section, and/or
whereby internal site design standard deviations from this section may be allowed to
improve site design and operation.
PLANNING COMMISSION: The Planning Commission of the City of Corcoran
except when otherwise designated.
Title X: 1020 -11
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
PRINCIPAL BUILDING, STRUCTURE OR USE: One which determines the
predominant use as contrasted to accessory building, structure or use.
PUBLIC LAND: Land owned or operated by municipalities, school district, county,
state, or other governmental unit.
PUBLIC UTILITY: An essential service (not limited to electric, gas, water, sewer,
cable television, and telephone) owned, operated or franchised by city, school district,
county, state or other governmental unit.
RECREATION, COMMERCIAL: Includes all uses such as bowling alleys, driving
ranges, and movie theaters that are privately owned and/or operated with the intention of
earning a profit by providing entertainment for the public.
RECREATION EQUIPMENT: Play apparatus such as swing sets and slides,
sandboxes, poles for nets, stands, and similar equipment or structures but not including
tree houses, swimming pools, playhouse exceeding 25 square feet of floor area, or sheds
utilized for storage of equipment.
RECREATION, PUBLIC: Includes all uses such as tennis courts, ball fields, picnic
areas, and the like that are commonly provided for the public at parks, playgrounds,
community centers, and other sites owned and operated by a unit of government for the
purpose of providing recreation.
RESIDENTIAL FACILITY, STATE LICENSED: Any facility licensed by the
Minnesota Department of Human Services, public or private, which for gain or otherwise
regularly provides one or more persons with twenty-four (24) hour per day substitute
care, food, lodging, training, education, supervision, habilitation, rehabilitation, and
treatment they need, but which for any reason cannot be furnished in the person's own
home. Residential facilities include, but are not limited to: state institutions under the
control of the Commissioner of Public Welfare, foster homes, halfway houses, residential
treatment centers, maternity shelters, group homes, residential programs or schools for
handicapped children.
SEASONAL PRODUCE STAND: A temporary and transient business within the city,
selling the products of the farm or garden occupied and cultivated by the operator; where
the operator conducts the business in or on a building, structure, vacant lot, motor vehicle
trailer, or railroad car, on a site other than the property on which the produce is grown
and cultivated.
SETBACK: The minimum horizontal distance between a structure and the nearest lot
line, except that if an outlot for a public trail separates such lot line from a street right -of-
way, setback shall mean the minimum horizontal distance between a structure and the
street right -of -way line. Additionally, within the shoreland districts setback shall mean
the minimum horizontal distance between a structure or a sewage treatment system and
the ordinary high water level. For purposes of earth shelter buildings only, above grade
Title X: 1020 -12
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
portions shall be used in determining setback requirements. In all cases, distances are to
be measured from the most outwardly extended portion of the structure at ground level,
except as provided hereinafter.
SEWAGE TREATMENT SYSTEM: On -site means for disposing and treating human
and domestic waste such as a septic tank and soil absorption system or other system
allowed by state and city regulations; used where authorized by the City when access to
the municipal sewer system is not required or feasible.
SEWER SYSTEM: The public utility operated by the City to conduct sanitary wastes to
the Metropolitan Council Environmental Services facility for treatment and disposal.
SHORELAND RELATED:
Accessory Structure or Facility: any building or improvement subordinate to a
principal use which, because of the nature of its use, can reasonably be located at
or greater than normal structure setbacks.
Boathouse: a structure designed and used solely for the storage of boats or
boating equipment.
Bluff: A topographic feature such as a hill, cliff or embankment having the
following characteristics (an area with an average slope of less than 18 percent
over a distance of 50 feet or more shall not be considered part of the bluff):
A. Part or all of the feature is located in a shoreland area.
B. The slope rises at least 25 feet above the ordinary high water level of the
water body.
C. The grade of the slope from the toe of the bluff to a point 25 feet or more
above the ordinary high water level averages 30 percent or greater.
D. The slope must drain toward the water body.
Bluff Impact Zone: A bluff and land located within 20 feet from the top of a
bluff.
Commissioner: The Commissioner of the Department of Natural Resources.
Dwelling Site: A designated location for residential use by one or more persons
using temporary or movable shelter, including camping and recreational vehicle
sites.
Intensive Vegetation Clearing: the complete removal of trees or shrubs in a
contiguous patch, strip, row, or block.
Ordinary High Water Level: the boundary of public waters and wetlands; it is
an elevation delineating the highest water level which has been maintained for a
Title X: 1020 -13
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
sufficient period of time to leave evidence upon the landscape. Commonly, that
point where the natural vegetation changes from predominantly aquatic to
predominately terrestrial. For watercourses, the ordinary high water level is the
elevation of the top of the bank of the channel. For reservoirs and flowages, the
ordinary high water level is the operating elevation of the normal summer pool.
Public Waters: any waters defined in Minnesota Statutes, section 103G.005,
subdivisions 15 and 15a.
Sensitive Resource Management: the preservation and management of areas
unsuitable for development in their natural state due to constraints such as shallow
soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes,
susceptibility to flooding, or occurrence of flora or fauna in need of special
protection.
Shore Impact Zone: the land located between the ordinary high water level of a
public water and a line parallel to it at a setback of 50 percent of the structure
setback.
Shoreland: land located within the following distances from public waters: 1,000
from the ordinary high water level of a lake, pond, or flowage; and 300 feet from
a river or stream, or the landward extent of a floodplain designated by ordinance
on a river or stream, whichever is greater. The limits of shorelands may be
reduced whenever the waters involved are bounded by topographic divides that
extend landward from the waters for lesser distances and when approved by the
Commissioner of the Department of Natural Resources.
Shoreline Buffer Area: An area of unvegetated ground cover abutting a
shoreline of a lake, stream or wetland that is unmown, undisturbed or re-
established to meet the requirements of Section 1050.010 of this Ordinance.
Significant Historic Site: any archaeological site, standing structure, or other
property that meets the criteria for eligibility to the National Register of Historic
Places, or is listed in the State Register of Historic Sites, or is determined to be an
unplatted cemetery that falls under the provisions of Minnesota Statutes, section
307.08. A historic site meets these criteria if it is presently listed on either
register or if it is determined to meet the qualifications for listing after review by
the Minnesota state archaeologist or the director of the Minnesota Historical
Society. All unplatted cemeteries are automatically considered to be significant
historic sites.
Steep Slope: Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's
soil characteristics, as mapped and described in available county soil surveys or
other technical reports, unless appropriate design and construction techniques and
farming practices are used in accordance with the provisions of this ordinance.
Title X: 1020 -14
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
Where specific information is not available, steep slopes are lands having average
slopes over 18 percent, as measured over horizontal distances of 50 feet or more
and that are not bluffs.
Toe Of The Bluff: The lower point of a 50 -foot segment with an average slope
exceeding 18 percent.
Top Of The Bluff: The lower point of a 50 -foot segment with an average slope
exceeding 18 percent.
Water Oriented Accessory Structure Or Facility: a small, above ground
building or other improvement, except stairways, fences, docks, and retaining
walls, which, because of the relationship of its use to a surface water feature,
reasonably needs to be located closer to public waters than the normal structure
setback. Examples of such structures and facilities include boathouses, gazebos,
screen houses, fish houses, pump houses, and detached decks.
STORY: That portion of the building included between the surface of any floor and the
surface of the floor next above it, or if there is no floor above it, the space between such
floor and the ceiling next above it.
STREET: A public right -of -way for vehicular traffic, whether designated as a highway,
thoroughfare, arterial, parkway, collector, throughway, road, avenue, boulevard, lane,
place, drive, court or otherwise designated, which has been dedicated or deeded to the
public for public use and which provides the principal means of access to abutting
property.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, which
would prolong the life of the supporting members of a building, such as bearing walls,
columns, beams, girders or foundations.
STRUCTURE: Anything constructed, the use of which requires more or less permanent
location on the ground; or attached to something having a permanent location on the
ground.
SUBDIVISION: Any division or rearrangement of land, except for those separations:
A. Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in
size and 500 feet in width for residential uses and 5 acres or larger in size for
commercial and industrial uses;
B. Creating cemetery lots;
C. Resulting from court orders or the adjustment of a lot line by the relocation of a
common boundary.
TAVERN: Add definition
TELECOMMUNICATIONS RELATED:
Title X: 1020 -15
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
Antenna support structure: A building, athletic field lighting, water tower, or
other structure, other than a tower, which can be used for location or
telecommunications facilities.
Engineer: An engineer licensed by the state of Minnesota.
Person: Any natural person, firm, partnership, association, corporation,
company, or other legal entity, private or public, whether for profit or not for
profit.
Stealth: Designed to blend into the surrounding environment; examples of
stealth facilities include, without limitation, architecturally screen roof - mounted
antennas, antennas integrated into architectural elements, and telecommunication
towers designed to appear other than as a tower, such as light poles, power poles,
and trees.
Telecommunications facilities: Cables, wires, lines, wave guides, antennas or
any other equipment or facilities associated with the transmission or reception of
communications located or installed on or near a tower or antenna support
structure; the term does not include:
A. A satellite earth station antenna two meters in diameter or less located in
an industrial or commercial district.
B. A satellite earth station antenna one meter or less in diameter, wherever
located.
Telecommunications tower or tower: A self - supporting lattice, guyed, or
monopole structure constructed from grade that supports telecommunications
facilities; the term does not include amateur radio operations equipment licensed
by the Federal Communications Commission.
TREE FARM: An agricultural operation limited to the planting, growing and harvesting
trees. Trees may be exported for sale, but no wholesale or retail sales are permitted on
site.
TOWNHOME: One unit of a single family attached housing facility with the first story
at or near the ground level with no other dwelling units or portions thereof directly above
or below, and each unit having direct exterior access with no sharing of a common
hallway for entry.
TRUE FARM: A parcel of land that is actively farmed and at least 30 acres in size.
USE, NON - CONFORMING: A use of land, building or structure lawfully existing at
the time of adoption of this Ordinance which does not comply with all the regulations of
Title X: 1020 -16
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
this Ordinance or any use of land, building or structure lawfully existing prior to the
adoption of an amendment of this Ordinance which would not comply with all of the
newly adopted regulations.
USE, PERMITTED: A public or private use which of itself conforms to the purposes,
objectives, requirements, regulations, performance standards of a particular district.
VARIANCE: A modification or variation of the provisions of this Ordinance where it is
determined that by reason of special and unusual circumstances relating to a specific lot,
that strict application of the Ordinance would cause an undue or unnecessary hardship, or
that strict conformity with the provisions of this Ordinance would be unreasonable,
impractical or unfeasible under the circumstances.
WETLAND RELATED:
Alteration: Human - induced actions that adversely impact the existing
condition of a wetland or wetland buffer area, including grading filling dredging,
dumping, cutting, pruning, topping, clearing native vegetation, and discharging
pollutants. Alteration does not include walking, passive recreation, fishing,
farming, or planting that enhances native vegetation, or other similar activities
allowed under the Minnesota Wetland Conservation Act.
Average Buffer Width: The average width of a buffer area within a single
development or development phase.
Applicant: The owner, their agent or person having legal control, ownership
and/or interest in land which the provisions of this Chapter are being considered
for or reviewed.
Buffer Strip or Buffer Area: an area of vegetated ground cover abutting a
wetland that is unmown, undisturbed, or re- established to have the characteristics
identified in Section 1050.01, Subd. 8 of this ordinance.
Building Setback: The minimum horizontal distance between the building and
the property line; or in the case of a shoreland yard, the ordinary high water level;
or in the case of a lot containing all or a portion of a wetland, the nearest edge of
the wetland buffer area.
Community, Plant: an interacting assemblage of plant populations sharing a
given habitat.
Filling (Floodplain, Shoreland, Wetland Related): The act of depositing any
rock, soil, gravel, sand or other material so as to fill a water body, watercourse, or
wetland.
Title X: 1020 -17
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
Functional Value: A number value from 0.1 to 1.0 that is assigned to a wetland
to indicate its value for stormwater management, vegetation diversity, habitat
value, recreational and aesthetic values as determined by the Minnesota Rapid
Assessment Methodology (MnRAM).
Native Grasses: Those species of perennial grasses that are native to the local
region, and were not introduced as a result of European settlement or subsequent
human introduction.
Native Plant Species: The pre - European settlement group of plant species that is
native to the local region, and were not introduced as a result of European
settlement or subsequent human introduction.
Wetland: Lands transitional between terrestrial and aquatic ecosystems, where
the water table is usually at or near the surface, or the land is covered by shallow
water. Consistent with the Wetland Conservation Act (WCA), wetlands are to be
identified and delineated using the methodology set forth in the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands (Interagency Task Force
on Wetland Delineation, 1987, or it most recent revision). For purposes of this
definition, wetlands have three of the following attributes:
A. A predominance of hydric soils
B. Inundation or saturation by surface or ground water at a frequency and
duration sufficient to support a prevalence of hydrophytic vegetation typically
adapted for life in saturated soil conditions
C. Under normal circumstances support a prevalence of such vegetation
This definition does not include wetlands created from uplands either: (1) for
storm water storage and management purposes, or (2) by actions not intended to
create the wetland and approved, permitted, funded or overseen by a public entity.
Wetland Edge: The line delineating the outer edge of a wetland. This line shall
be established by using the 1987 Corps of Engineers (COE) Wetlands Delineation
Manual, or its most recent version.
Wetland Functions: The natural processes performed by wetlands, including
providing wildlife and fishery habitat, facilitating food chain production,
providing habitat for nesting, rearing, and resting sites for animal species,
maintaining the availability and quality of water, purifying water, acting as a
recharge and discharge area for groundwater aquifers, and moderating surface
water and storm water flows, improving storm water quality, providing aesthetic
benefits, and performing other functions, including but not limited to those set out
in U.S. Army Corps of Engineers regulations at CFR Section 320.4 (b)(2)(1988).
Wetlands, High Quality: These wetlands exist in a largely unaltered state and
have special or unusual qualities that call for a high level of protection. These
wetlands may provide habitat for rare, threatened and /or endangered plant and
Title X: 1020 -18
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
animal species; and are ranked High in Wetland Functional Level for most
categories (Floral Diversity /Integrity, Flood/Stormwater Attenuation, Water
Quality Protection, Wildlife and/or Fishery Habitat, Aesthetics/Recreation) when
evaluated using the Minnesota Rapid Assessment Method for Evaluating Wetland
Functions.
Wetlands, Medium Quality: These wetlands have experienced some alteration,
and are ranked Medium in Wetland Function Level for most categories (Floral
Diversity/Integrity, Flood/Stormwater Attenuation, Water Quality Protection,
Wildlife and/or Fishery Habitat, Aesthetics /Recreation) when evaluated using the
Minnesota Rapid Assessment Method for Evaluating Wetland Functions.
Wetlands, Low Quality: These wetlands have usually been substantially altered
by human activities, and ranked Low in Wetland Function Level for most
categories (Floral Diversity /Integrity, Flood/Stormwater Attenuation, Water
Quality Protection, Wildlife and/or Fishery Habitat, Aesthetics/Recreation) when
evaluated using the Minnesota Rapid Assessment Method for Evaluating Wetland
Functions.
YARD: A required open space on a lot which is unoccupied and unobstructed by a
structure from its lowest level to the sky except as permitted in this Ordinance. The yard
extends along the lot line at right angles to such lot line to a depth or width specified in
the setback regulations for the zoning district in which such lot is located.
YARD, FRONT: A yard extending along the full width of the front lot line between
side lots lines and extending from the abutting street right -of -way line to a depth required
in the setback regulations for the zoning district in which such lot is located.
YARD, REAR: The portion of the yard on the same lot with the principal building
located between the rear line of the building and the rear lot line and extending for the
full width of the lot.
YARD, SIDE: The yard extending along the side lot line between the front and rear
yards to a depth or width required by setback regulations for the zoning district in which
such lot is located.
ZONING ADMINISTRATOR: Individual or firm so designated and authorized by the
Corcoran City Council.
ZONING DISTRICT: An area or areas within the limits of the City for which the
regulations and requirements governing use are uniform.
ZONING DISTRICT AMENDMENTS: A change authorized by the governing body
either in the allowed use within a district or in the boundaries of a district.
Title X: 1020 -19
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
(Ord. 200, passed 07- 22 -04; Ord. 204, passed 10- 28 -04, Ord. 225, passed 11- 22 -05, Ord. 231, passed 02-
09-06, Ord. 237, passed 11- 20 -06)
Title X: 1020 -20
Rules and Definitions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
This page left intentionally blank.
Title X: 1020 -21
Title X: 1030 -1
General Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
SECTION 1030 — GENERAL REQUIREMENTS
1030.010 - Non - Conforming Buildings, Structures, Uses and Lots
Subd. 1. Conditional Uses and Interim Uses. Any established building, structure, use or
lot legally existing prior to March 23, 2004, and which is classified by this Zoning
Ordinance as requiring a conditional use permit or interim use permit may be
continued in a like fashion and activity and shall automatically be considered as
having received conditional use permit or interim use permit approval. However,
any change to such use or building shall require a new conditional use permit or
interim use permit to be processed according to this Zoning Ordinance.
Subd. 2. Non - conforming Uses.
A. Effective Date. The legal use of buildings or land existing at the effective
date of this ordinance, which does not conform to the provisions of this
ordinance may be continued, but shall not be enlarged or increased nor shall it
be expanded to occupy a greater area of the building or land occupied at the
time of adoption of this ordinance. Furthermore, a non - conforming use may
not be moved to another portion of the land or building.
B. Continued Use. Non - conforming uses shall not be expanded, but may be
continued at the same size and in the same manner of operation as it existed
on the date it became a legal, non - conforming use.
C. Changes to Non - Conforming Uses.
1. When a legal, non - conforming use of any structure or land in any district
has been changed to a conforming use, it shall not thereafter be changed to
any non - conforming use.
2_A legal, non - conforming use of a structure or parcel of land may be
changed to lessen the non - conformity of use. Once a non - conforming
structure or parcel of land has been changed, it shall not thereafter be so
altered to increase the non - conformity.
D. Discontinuance. In the event that a non - conforming use of any building or lot
is discontinued for a period of one year, the use of the same shall thereafter
conform to the regulations of the district in which it is located.
E. Normal Maintenance. Maintenance of a building or other structure containing
or used by a non - conforming use will be permitted when it includes necessary
non - structural repair and incidental alterations which do not extend or
intensify the non - conforming building or use.
Title X: 1030 -2
General Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
Subd. 3. Non - Conforming Buildings and Structures.
A. Restoration. No legal, non - conforming use, building or structure which has
been damaged by fire, explosion, act of God, or other peril, to the extent of
greater than 50 percent of its market value, as determined by the City Building
Official, and no building permit has been applied for within 180 days of when
the property was damaged, shall be restored, except in conformity with the
regulations of this Ordinance.
B. Alterations. Alteration and normal maintenance to a legal, non - conforming
building or structure may be made provided:
1. The alterations do not expand the building size.
2. The alterations do not change the building occupancy capacity or parking
demand.
3. The alteration does not increase the non - conformity of the building or the
use.
C. Expansion of Non - Conforming Buildings or Structures.
1_ Administrative Approvals. The following expansions of legal, non-
conforming building and structures may be approved if the Zoning
Administrator determines that the building expansion will have no
external negative impacts upon adjacent properties or public rights -of-
way.
a. Expansion of buildings found to be non - conforming only by reason of
height, yard setback, or lot coverage area may be permitted provided
the structural non - conformity is not increased and the expansion
complies with the performance standards of this Ordinance.
2. Conditional Use Permit. Legal, non - conforming commercial, industrial,
public, semi - public, and multiple - family structures may be expanded on
the same lot by conditional use permit provided:
a. The expansion will not increase the non - conformity of the building or
site.
b. The new building expansion will conform to all the applicable
performance standards of this Ordinance. A conditional use permit
shall not be issued under this section for a deviation from other
requirements of this Ordinance unless variances are also approved.
Title X: 1030 -3
General Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
c. The request for conditional use permit shall be evaluated based on
standards and criteria set forth in this Ordinance.
Subd. 4. Non - Conforming Lots.
A. Vacant or Redeveloped Lots.
1_A lot or parcel of land for which a deed or contract for deed has been
recorded in the office of the Hennepin County Recorder upon, or prior to,
the effective date of this Ordinance shall be deemed a buildable lot
provided:
a. The lot has frontage on a public right -of -way, or is governed by a valid
driveway agreement,
b. The lot has access to municipal sewer and water if located within the
municipal urban service boundary, has an approved well and an
approved on -site septic system or is able to provide a well and on -site
septic system in compliance with all City and State requirements.
c. The setback and yard requirements of the applicable zoning district
can be achieved while simultaneously resulting in development that
complies with the character and quality of the immediate area and the
objectives of the City's Comprehensive Plan and Zoning Ordinance.
2. Access to any public street shall require a driveway permit as issued by
the City Building Official.
3. Lot Combination. If an owner has an interest in more than one lot of
record contiguous to other lots of record, all such lots shall be combined to
meet the requirements of this section or the applicable zoning district
standards. If sufficient contiguous property is held in one ownership to
comply with the standard of the applicable zoning district, then those more
restrictive provisions will apply. In no circumstances will there be
approval of any proposal for multiple lot developments based upon lots of
record, and not conforming to the provisions of the existing zoning
district.
B. Developed Lots. An existing conforming use on a lot of substandard size and
width may be expanded or enlarged if such expansion or enlargement meets
all other provisions of this Ordinance.
(Ord. 237, passed 11- 20 -06)
Title X: 1030 -4
General Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
1030.020 - Accessory Buildings, Structures, Uses and Equipment
Subd. 1. Permits Required.
A. A building permit is required for all accessory buildings, except:
1. Agricultural buildings as defined by this chanter. These buildings shall not
require a building permit, but shall be required to obtain a Certificate of
Compliance from the City prior to beginning construction and shall
comDly with all other zoning ordinance standards and Dermit
requirements.
2. Accessory structures less than 120 square feet in area. These buildings
shall be required to meet all setback requirements.
Subd. ;. Time of Construction. No accessory building shall be constructed or developed
on a lot prior to the time of construction of the principal building, except for
agricultural buildings as defined by this ordinance and allowed by this section. I
Subd.3. Location
A. ExceDt in the UR and RR districts. no accessory building. structure. or use
shall be allowed within a front yard.
B. Detached accessory structures shall be have a minimum building separation of
10 feet from the principal building.
C. Accessory structures located on through lots may be located between the rear
of the principal building and the public right- of -wa.
D. Recreation equipment such as play apparatus, swing sets and slides,
sandboxes, tree houses, above or in- ,ground swimming pools, hot tubs, play
houses, etc. shall comply with the minimum accessory structure setbacks.
E. Setbacks
1. Setbacks for accessory buildings in the UR and RR district shall comDly
with the following:
a. Front yard — same as underlying zoning oning district
b. Side yard — 20 feet
c. Rear yard — 15 feet
Title X: 1030 -5
Deleted: < # >A site plan shall
accompany all requests for accessory
building permits or Certificates of
Compliance and shall include the
following information:¶
< # >A certificate of survey, except where
exempted by Section 40.08 of the City
Code. ¶
< # >Existing buildings and their
relationship to property lines,¶
< # >Indication of location of well, septic
system and driveways,¶
< # >Indications of all utilities, including
sewer and water (where applicable),¶
< # >Any easements and¶
< #> Property lines and setback
requirements.¶
Deleted: 1
General Regulations
August 24, 2009
Corcoran Zoning Ordinance
d. Agricultural uses shall be a minimum of 100 feet from all property
lines, unless the agricultural use is an animal shelter and said shelter is
no more than one -half the total allowable square footage as set forth in
Subd. 4(E) of this section, in which case said shelter may be set back a
minimum of 25 feet from the property line and 75 feet from
neighboring residences.
2. Setbacks for accessory buildings in the urban residential Zoning districts
shall comply with the following:
a. Front yard — no accessory building shall be located in the front yard
b. Side yard — 10 feet
c. Rear yard — 10 feet N 1W
3. Setbacks for accessory buildings in the non - residential zoning districts
shall comply with the following:
a. Front yard — no accessory building shall be located in the front yard
b. Side yard — 10 feet
c. Rear yard — 10 feet
d. Yards adjacent to residential accessory buildings shall comply with
the minimum setback requirements for principal structures in the
district.
Subd. . Size
A. ttachedgarages with a footprint of less than 1,000 s uare feet shall not be
considered as part of the maximum footprint for purposes of the detached
accessory structure calculations. However, attached accessory space in excess \�
of the initial 1,000 square feet shall be counted towards the maximum \
allowable detached accessory building LooWrint. \
B. The footprint of above grade or below grade swimming �pools and 1 � \
accessory structure of not more than 120 square feet shall not be included in
the calculation of maximum allowable area of accessory structures.
C. A maximum of one fish house shall be permitted to be stored on a property
and shall meet all accessory structure setback requirements.
Title X: 1030 -6
Deleted: 2
Deleted: < # >No accessory building
shall exceed the height of the principal
building except as allowed by
Conditional Use Permit.¶
In the A and RR districts
Deleted: , a
Deleted: in area
Deleted: square footage
Deleted: area
General Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
1 Exce t in theURand RR districts, a conditional use permit is required for
construction of more than one detached accessory building with a footprint iW
excess of 120 square feet
E. The maximum allowable total or accumulated footprint (total footprint of all
accessory structures) d'or detached accessoH buildings in the Urban Reserve
and Residential districts shall be as follows: I i
1. Lots less than 2.5 acres: 1,500 square feet.
2. Lots 2.5 acres to 5 acres: 2,500 square feet.
3. Lots greater than 5 acres to 10 acres: 3,000 square feet.
4. Lots greater than 10 acres: 3,500 square feet.
4. The material standards required by this section have been met.
H. Agricultural buildings that would result in more than 3,500 square feet,
than allowed by this Section shall only be permitted on parcels located II
in the UR or RR district and 10 acres or more in size with a Certificate I
of Compliance from the City and subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations. �
Title X: 1030 -7
Deleted: < # >Except in the A and RR
districts, no accessory building, structure,
or use shall be allowed within a front
yard. ¶
< # >Setbacks¶
<# >Setbacks for accessory buildings in
the A and RR district shall comply with
the following:¶
< #> Front yard – same as underlying
zoning district¶
< # >Side yard – 20 feet¶
< # >Rear yard – 15 feet¶
< #> Agricultural uses shall be a minimum
of 100 feet from all property lines, unless
the agricultural use is an animal shelter
and said shelter is no more than one -half
the allowable square footage as set forth
in Subdivision 2(F) of this section, in
which case said shelter may be set back a
minimum of 25 feet from the property
line and 75 feet from neighboring
residences.¶
<# >Setbacks for accessory buildings in
the urban residential zoning districts shall
comply with the following:¶
< #> Front yard – no accessory building
shall be located in the front yard¶
<# >Side yard – 10 feet¶
<# >Rear yard – 10 feet¶
< # >Accessory buildings in the non-
residential zoning districts shall comply
with the following:¶
< # >Front yard – no accessory building
shall be located in the front yard¶ F.—J-31 I
Deleted: A
Deleted: in gross floor area
Deleted: square footage
Deleted: Agricultural
Deleted: ¶
Acres 4
Deleted: ¶
Deleted: Non - agricultural
Deleted: b
Deleted: larger than 3,175
Deleted: sidewalls as allowed in Subd.
3 of
Deleted:
Deleted: or with greater sidewalls
Deleted:
General Regulations
August 24, 2009
Corcoran Zoning Ordinance
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings, septic sites and wells. In
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements.
3. The material standards required by this section have been met.
4. The agricultural building is used for agricultural purposes only.
iricultural buildings in excess of the size limitations allowed by ubd.
2 (F) of this section shall be allowed by conditional use permit on
parcels that are located in the ,UR or RR district and are less than 10
acres in size, but are adjacent to actively farmed land under the same
ownership or ownership by the landowner in a recognized legal I
relationship, shall be allowed subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings, septic sites and wells. In I
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements. I
3. The material standards required by this section have been met.
4. The applicant provides proof of ownership as required above.
5. The agricultural building is used for agricultural purposes only.
J_Agricultural buildings shall be allowed as a principal use by conditional
use permit on parcels that are actively farmed, are located in the BUR or
RR district and are located adjacent to the farmstead under the same
ownership or ownership by the landowner in a recognized legal
relationship, shall be allowed subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings, septic sites and wells. In
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements.
3. The material standards required by this section have been met.
4. The applicant provides proof of ownership as required above.
Title X: 1030 -8
Deleted: < # >A site plan shall
accompany all requests for accessory
building permits and shall include the
following information:¶
< # >Existing buildings and their
relationship to property lines,$
< # >Indication of location of well, septic
system and driveways,¶
< # >Indications of all utilities, including
sewer and water (where applicable),¶
< # >Any easements and¶
< #> Property lines and setback
requirements.$
< # >Lots less than 5 acres in size, or lots
identified by the Building Inspector as
having restricted soils for an on -site
septic system area, shall include the
location of a certified alternative septic
system area in accordance with the
applicable codes for on -site sewage
treatment.¶
Deleted: A
Deleted: < # >Applicable criteria as
outlined in Section 1070.020 (Conditional
Use Permits) of the Corcoran Zoning
Ordinance.¶
Deleted: A
General Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
5. The agricultural building is used for agricultural purposes only.
Subd. 5. Building Height.
A. The maximum height of a detached accessory building is 15 feet,
except:
1. Multi -story accessory building may be allowed by administrative
permit to exceed the height above, provided the structure does not
exceed the height of the principal structure. All multi -story
accessory buildings shall include a minimum of two different
building materials and building articulation to add architectural
interest to the building elevations.
2. Agricultural buildings may be allowed by Certificate of Compliance
jo exceed the height above, provided the structure does not exceed
the building height limitations of the Zoning district in which it is
located.
3. Accessory buildings with accessory dwelling units may exceed these
height limits when approved as part of the accessory dwelling unit
interim use permit provided all other performance standards for
accessory buildings are met.
&bdfi. Architectural Standards.
A. In order to maintain the architectural design, s . style, and \
character of the principal structure, accessory buildings located on
parcels 3 acres in size or smaller, must have identical roof and siding
materials as the principal structure. Accessory buildings located on
parcels larger than 3 acres in size shall be compatible with materials,
colors, exterior design and roof style of the principal buildings.
B. Building materials must comply with performance standards in Section
1060.030 of the Zoning Ordinance.
C. Accessory buildings constructed primarily of canvas, plastic, or other
similar non - permanent building materials shall be prohibited.
(Ord. 204, passed 10- 28 -04, Ord.247, passed 06- 11 -09)
1030.030 - Minimum Residential Building Standards
Subd. 1. Homes must be placed on a permanent foundation which complies with the
Minnesota State Building Code.
Title X: 1030 -9
Deleted: administrative permit
Deleted: ¶
< # >Applicable criteria as outlined in
Section 1070.020 (Conditional Use
Permits) of the Corcoran Zoning
Ordinance.¶
T
T
Deleted: 3
Deleted: < # >Accessory buildings
located on parcels 3 acres in size or
smaller, must have identical roof and
siding as the principal structure.¶
¶ #> Sidewall height shall be measured
from the base of the structure to the
bottom of the eave on the exterior
sidewalls.¶
< # >The following sidewall heights,
eaves, and overhang standards shall exist:¶
Sidewall Height
General Regulations
August 24, 2009
Corcoran Zoning Ordinance
Subd. 2. Single family detached homes must have a minimum floor area of 1,100
square feet.
Subd. 3. Single family detached homes must have a minimum width of 24 feet.
Subd. 4. Dwelling Unit Restrictions. No model home, cellar, garage, tent, travel
trailer, basement with unfinished structure above or accessory building shall
at any time be used as a dwelling unit, except as may be allowed on a
temporary basis in an emergency, as approved by the Zoning Administrator
as an Interim Use Permit.
1030.040 — Temporary Structures
Subd. 1. Temporary Structures (including manufactured homes on a temporary
basis) shall only be permitted as provided below:
A. Reconstruction. During the reconstruction of a home that has been
damaged or destroyed and is uninhabitable, the City Council may grant
a permit for a period not to exceed one year for a temporary structure in
any zoning district.
B. The City Council may grant an Interim Use Permit with stipulated time
limitations for the temporary utilization of manufactured homes or other
temporary structures as living quarters when a special hardship is found
to exist. Such hardship shall be generally a result of age or a physical
handicap of a blood relative. The following conditions shall apply in
such situations:
1. Any person requiring such temporary habitation shall make
application to the City Council for an Interim Use Permit. The
request shall state the location, type of structure, length of time the
structure will be used, and the reason for the need of such structure.
2. The Building Official shall review each proposal and report his
findings and recommendations to the Council.
If the City finds that the public health, safety, morals and general
welfare will not be impaired and will not be affected adversely, it
may grant a temporary habitation, provided that the person so
applying shall enter into a written agreement with the City as to
when such occupation is to cease. No permit for temporary
habitation shall be granted for a period longer than one year, and the
City may revoke such permit upon 90 days written notice if and
when it finds:
Title X: 1030 -10
General Regulations
August 24, 2009
Corcoran Zoning Ordinance
a. That the public health, safety, morals or general welfare are
being impaired by such habitation.
b. That the continued existence of such habitation conflicts with the
City's Comprehensive Plan.
c. The temporary habitation structure has been abandoned or put to
any use other than that stated in the application as the reason for
the need of such habitation.
d. That the value of public or private property is being affected
adversely thereby.
4. Extensions of such permits may be obtained only by reapplying to
the City for an Interim Use Permit amendment.
5. The sanitary sewer and water supply serving temporary habitation
shall comply with all applicable rules, regulations and standards of
the State Board of Health and of the County of Hennepin.
6. Any material used to insulate around the exterior of or underneath
such temporary habitation shall be noncombustible and nontoxic.
C. The City Council may also grant an Interim Use Permit with stipulated
time limitations for any other temporary structures without a
determination of hardship provided these temporary structures are not
used for habitation. The following conditions shall apply in such
situations:
1. Any person desiring a temporary structure shall make application to
the City Council for an Interim Use Permit. The request shall state
the location, type of structure, length of time the structure will be
used, and the reason for the need of such structure.
2. The Building Official shall review each proposal and report his
findings and recommendations to the Council.
3. If the City finds that the public health, safety, morals and general
welfare will not be impaired and will not be affected adversely, it
may grant an Interim Use Permit, provided that the person so
applying shall enter into a written agreement with the City as to
when such use is to cease.
4. No permit for temporary structures (except as provided for in
Subsections A and B above) be granted for a period longer
Title X: 1030 -11
General Regulations
August 24, 2009
Corcoran Zoning Ordinance
than one year, and the City may revoke such permit upon 90 days
written notice if and when it finds:
a. That the public health, safety, morals or general welfare are
being impaired by such temporary structure.
b. That the continued existence of such use conflicts with the
City's Comprehensive Plan.
c. The temporary structure has been abandoned or put to any use
other than that stated in the application as the reason for the need
of such use.
d. That the value of public or private property is being affected
adversely thereby.
e. The provisions of this section, in no way limit the City's ability
to immediately order the removal of any temporary structure
determined to be a significant threat to public health and safety.
(Ord. 211, passed 12- 21 -04)
1030.050 - Relocated Structures
Subd. 1. Application. Before any house or other structure is moved, an application
for building permit shall be made and the property owner or his designated
representative shall complete a questionnaire on the structure.
Subd. 2. Inspection. The Building Official shall make a preliminary inspection to
determine that the structure meets all state building codes and City
ordinances.
Subd. 3. If the structure does not meet these regulations, the owner must present
complete and detailed plans to the Building Official showing the changes to
be made in order to bring the structure up to Code.
Subd. 4. The Building Official must review the plans and present them to the
Planning Commission for their review and recommendation to the City
Council.
Subd. 5. No Building Permit will be issued until the owner has agreed in writing that
the entire building will be completed within a period of 6 months, the fee
has been paid, and performance bond or certified check guaranteeing
completion of said changes and equal to at least 1'/2 times the estimated
finished value of the building has been posted with the City.
Title X: 1030 -12
General Regulations
August 24, 2009
1030.060 - Mining and Soils Processing
Corcoran Zoning Ordinance
Subd. 1. Purpose. The purpose of this section is to safeguard property, and to
preserve and enhance the natural environment, including but not limited to
water quality, by regulating clearing and grading on public and private
property.
Subd. 2. Scope. This section sets forth rules and regulations to control land
disturbances, landfill, soil storage, and erosion and sedimentation resulting
from such activities. This section established procedures for issuance,
administration and enforcement of a permit.
Subd. 3. Permit Required. No person, except an authorized city employee or a
contractor performing work under a contract with the City, shall perform
any grading or land reclamation within the City of Corcoran without first
having secured a permit from the City Clerk's office. The fee for such
permit shall be set from time to time by resolution of the City Council.
Subd. 4. Application and Regulations. The City shall prepare the necessary
application forms and permits required. The Council shall adopt rules and
regulations with respect to excavations as it finds necessary to protect the
public from injury, prevent damage to public or private sidewalks, and
public grounds. Any person making an excavation covered by this section
shall comply with such rules and regulations.
Subd. 5. Surety. Any permittee except those doing work under contract with the
City shall file with the City Clerk's office a letter of credit or cash in an
amount to be determined by the city engineer based on the type of work to
be performed.
Subd. 6. General Exemptions. The following activities are exempt from the permit
requirements:
A. An excavation below finished grade for basements and footings of a
building, retaining wall or other structure authorized by a valid building
permit.
B. Cemetery graves.
C. Mining, quarrying, excavating, processing, stockpiling of rock, sand,
gravel, aggregate or clay where established and provided for by law,
provided such operations do not affect the lateral support or increase the
stresses in or pressure upon any adjacent or contiguous property.
D. Routine agriculture crop management practices.
Title X: 1030 -13
General Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
E. Any land disturbing or land filling activities relating to general yard
maintenance or landscaping, unless the volume of soil or earth stored or
moved exceeds 301 cubic yards.
Subd. 7. Site Map and Plan. A site map and plan must be submitted with the
application, which shall include the following (No application will be
reviewed until all necessary information has been submitted):
A. Existing and proposed topography, sufficiently detailed to define the
topography over the entire site.
B. Site's property lines shown in true location with respect to the plans
topography.
C. Location of all and proposed drainage on site.
D. Locations of any buildings or structures located on the property or
adjacent property that are within 20 feet of the areas where work is to be
performed.
Subd. 8. Erosion Control Methods. Erosion control methods to be used, may
include, but are not limited to, types of mulches, vegetation, diverters, dikes
and drains. The method to be used shall be identified on the application.
Subd. 9. Permit Approval / Denial. City staff shall review all documents submitted
pursuant to this section, and, if necessary, shall require additional data or
clarification of data submitted. City staff shall notify the applicant within 20
days of submission of the decision on the permit. In the event that the
permit is denied by staff, the applicant shall have the right to request a
hearing before the City Council within five (5) days of notification of
permit denial.
Subd. 10. Permittee's Duties. The applicant shall inform the city at least 24 hours
prior to beginning the permitted activity. Then upon completion of rough
grading, the city shall be notified to perform an inspection, once that
inspection has been completed and any corrections or modifications to the
grade are completed, the applicant may then complete the finished grade
and set the appropriate erosion control devices in place and complete any
planting or seeding as required by the permit. Upon completion, the
permittee shall notify the city that the project has been completed and an
inspection shall be performed by the city to assure that the appropriate
erosion control devises are in place. A final inspection shall be required
prior to the release of any security. The final inspection shall ensure that all
grading is completed and that all erosion has been controlled as required.
Staff shall prepare written documentation of all inspections performed,
which shall be filed at the City Office in the appropriate address file.
Title X: 1030 -14
General Regulations
August 24, 2009
Corcoran Zoning Ordinance
Subd. 11. Suspension or Revocation of Permit. The City shall suspend the permit
and issue a stop work order when the City has determined:
A. The permit was issued in error or on the basis of incorrect information
being supplied by the applicant.
B. The Permittee has failed to meet the requirements as identified within
the permit.
C. Inspection by the City reveals that the work is not in compliance with
the permit, city ordinance, or other regulations, which may govern such
activity.
Subd. 12. Fines and Penalties. Any person, firm, corporation or agency acting as
principal agent, employee, or otherwise, who fails to comply with the
provisions of this Code shall be guilty of a misdemeanor and upon
convictions thereof shall be punishable by a fine of not more then
$1,000.00, or by imprisonment in jail for not more than 90 days, or by both,
for each separate offense. Each day any violation of this code shall
continue shall constitute a separate offense.
Subd. 13. Action Against the Security. The City may act against the appropriate
security if any of the conditions identified within the permit or this code
have not been satisfied. The City shall use funds from the security to
finance remedial work to be performed either directly by the city or by a
private contractor under contract with the City, and to reimburse for all
direct costs incurred in the process of the remedial work.
Subd. 14. Release of Security. The security deposited with the City for faithful
performance of the grading and erosion control work shall be released at the
time that all conditions have been met and no action against such security
has been filed. Release of the security shall be documented and filed in the
appropriate address file, in conjunction with the inspections as identified in
Section 1070.050, Subd. 9.
1030.070 - Bulk Storage (Liquid)
All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical,
flammable and similar liquids shall comply with requirements of and have appropriate
permits indicating compliance with the Minnesota State Fire Code and Minnesota
Department of Agriculture regulations.
Title X: 1030 -15
General Regulations
August 24, 2009
Corcoran Zoning Ordinance
1030.080 - Height Limitations
Subd. 1. The building height limits established herein for districts shall not apply to
the following:
A. Belfries.
B. Chimneys or flues.
C. Church spires.
D. Cooling towers.
E. Cupolas and domes which do not contain useable space.
F. Elevator penthouses.
G. Flag poles.
H. Monuments.
L Parapet walls extending not more than 3 feet above the limiting
height of the building.
J. Water towers.
K. Poles, towers and other structures for essential services.
L. Necessary mechanical and electrical appurtenances.
M. Television and radio antennas not exceeding 20 feet above roof not
including telecommunications towers regulated by Section
1060100).
c
Subd. 2. No excluded roof equipment or structural element extending beyond the
limited height of a building may occupy more than 25 percent of the area of
such roof nor exceed 10 feet unless otherwise noted.
1030.090 - Essential Services
Subd. 1. It is illegal, for any person to construct, operate or maintain an essential
public service in the City, except in conformance with this ordinance.
Title X: 1030 -16
Deleted: < # >Agriculture buildings, as
defined by Minnesota Statute Section
273.13, Subd. 23.¶
General Regulations
August 24, 2009
Corcoran Zoning Ordinance
Subd. 2. Essential services, as defined herein, shall be permitted in any zoning
district of the City by administrative permit issued by the City of Corcoran.
The permit shall be processed according to the following:
A. Prior to the installation of any essential public services, the owner of
such service shall file with the City all maps and other information as
deemed necessary by the City of Corcoran to review the proposed
proj ect.
B. The City shall consider the effect of the proposed project upon the
health, safety and general welfare of the City, as existing and
anticipated, and the effect of the proposed project upon the
Comprehensive Plan.
C. For essential public services that will include permanent structures, a
site plan must also be submitted for review and approval by the Zoning
Administrator. The site plan shall be reviewed for compliance with the
standards outlined in this Section. The site plan may be approved
administratively.
D. Upon approval by City staff, a permit shall be issued for installation and
operation of the essential services.
Subd. 3. Essential services must comply with all federal, state and local rules and
regulations pertaining to their construction, maintenance and operation.
Subd. 4. Performance Standards.
A. Except for electrical lines, phone lines, cable television lines, gas lines
and similar linear facilities, all essential public services in the
Agricultural and Residential zoning districts shall be located on land at
least one acre in size. In all other zoning districts, parcels of land for
essential services must be at least 1 '/2 times the minimum lot size
required in the zoning district.
B. Utility substations and communications antennas permitted by the
Corcoran City Code and this ordinance shall be encouraged to be
located on the same parcel; however, the parcel shall be large enough so
that all structures and facilities comply with the required setbacks for
the zoning district.
C. The site shall be landscaped and maintained in accordance with Section
1060.070 (Landscaping) of this ordinance. All above grade lift stations,
pump stations, substations and similar structures not located in a
building shall be screened.
Title X: 1030 -17
General Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
D. Buildings and structures shall be constructed to be compatible with the
size, color, appearance and character of other structures in the zoning
district.
E. Facilities and equipment shall be removed within 6 months of becoming
unnecessary or obsolete.
Subd. 5. Special Districts. Essential public services located in a special overlay
district shall comply with the requirements and development guidelines in
that district.
Subd. 6. All electrical, cable television, phone lines and similar facilities serving new
development within the urban service area shall be located underground.
1030.100 - Home Occupations
Subd. 1. Purpose. The purpose of this Ordinance is to maintain the character and
integrity of residential areas and to provide a means through the
establishment of specific standards and procedures by which home
occupations can be conducted in residential neighborhoods without
jeopardizing the health, safety and general welfare of the surrounding
neighborhood. In addition, this Ordinance is intended to provide a
mechanism enabling the distinction between permitted home occupations
and special or customarily "more sensitive" home occupations, so that
appropriate, permitted home occupations may be allowed outright or
through an administrative process rather than a legislative hearing process.
Subd. 2. Application. Subject to the non - conforming use section and other
applicable provisions of this Ordinance, all occupations conducted in the
home and accessory buildings located on the homestead site shall comply
with the provisions of this Ordinance.
Subd. 3. Procedures and Permits. Whenever used in this Ordinance, the phrase
"Home Occupation" shall include Allowed Home Occupations, Special
Home Occupations and Conditional Home Occupations.
A. An Allowed Home Occupation, as defined in this Ordinance, shall not
require a permit as long as all of the criteria in Subd. 4 and Subd. 5 of
this Section are satisfied.
B. Any Special Home Occupation, as defined in this Ordinance, shall
require an administrative permit, as outlined in Subd. 7 of this Section.
Title X: 1030 -18
General Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
C. A Home Occupation License shall be required for any Conditional
Home Occupation as described in Subd. 8; which license shall be
processed by the Planning Commission as outlined in Section 1070.030
(Interim Use Permit) of the Zoning Ordinance.
Subd.4. General Standards for Allowed and Special Home Occupations. All
Allowed Home Occupations and Special Home Occupations shall comply
with the following general provisions:
A. No Home Occupation shall produce light, glare, noise, fumes, odor or
vibration that will in any way have an objectionable effect upon
adjacent or nearby property.
B. No equipment shall be used in the Home Occupation that will create
electrical interference to surrounding properties. No equipment shall be
used which creates visual or audible interference in any radio or
television receivers off the premises or causes fluctuations in the voltage
off the premises.
C. Any Home Occupation shall be clearly incidental and secondary to the
residential use of the premises, shall not change the residential character
thereof, and shall result in no incompatibility or disturbance to the
surrounding residential uses.
D. No Home Occupation shall require internal or external alterations or
involve construction features not customarily found in dwellings except
where required to comply with local and state fire and police
recommendations.
E. There shall be no exterior evidence visible from public roads or adjacent
parcels of the Home Occupation, including but not limited to storage of
material, equipment, supplies, garbage dumpsters, etc. Personal
vehicles [not to exceed 12,000 gross vehicle weight (GVW)] used in the
Home Occupation, which comply with applicable provisions of this
Ordinance, may be parked on the site.
F. The area used for the Home Occupation shall meet all applicable fire
and building codes.
G. There shall be no exterior display or exterior signs or interior display or
interior signs that are visible from outside the dwelling advertising the
Home Occupation.
H. All Home Occupations shall comply with the provisions of the City
Code.
Title X: 1030 -19
General Regulations
August 24, 2009
Corcoran Zoning Ordinance
I. An Allowed or Special Home Occupation shall not include work staging
areas or employees reporting to the home occupation site to receive
work assignments and working elsewhere.
J. The applicant shall demonstrate, in a manner found acceptable to the
City Building Inspector that such use is within the capabilities of the
property's sewage treatment system.
K. No Allowed Home Occupation or Special Home Occupation shall
employ any person at the home site location who does not reside in the
dwelling unit.
Subd. 5. Allowed Home Occupations. A Home Occupation meeting all of the
requirements of Subd. 4, as well as the following criteria shall be an
Allowed Home Occupation and may be conducted without a permit or fee:
A. The Allowed Home Occupation shall be located within the principal
dwelling on the property, except that a business office or computer
workstation may be maintained in any permitted structure.
B. No customer visits to the premises shall be permitted.
C. No deliveries other than those routinely made in a residential district
(U.S. Mail, United Parcel Service, etc.) shall be permitted.
Subd. 6. Special Home Occupation - Administrative Permit.
A. This permit may be issued by the City Administrator or assigned staff
based upon proof of compliance with the provisions of this section.
Application for the permit shall be submitted to the City with an
associated fee as established by the City Council. Prior to issuance of
the permit, a notice of intent shall be sent to all property owners within
350 feet of the perimeter of the applicant's property. The notice shall
request that written comments be forwarded to the City Administrator
within 10 days of the date of the notice. Upon expiration of the
comment period, the City Administrator shall determine if a permit
should be issued, denied, or forwarded to the City Council. Notice of
the decision shall be sent to all persons who have submitted written
comment. The applicant or a noticed property owner may appeal a
decision of the City staff to the City Council for final decision. Notice
of an appeal must be made within 10 business days following the notice
of the City Administrator's decision.
B. Except as modified by this Subd. 7, all Special Home Occupations shall
comply with the requirements of Subd. 5 and Subd. 6. A Special Home
Occupation - Administrative Permit shall be required for Home
Title X: 1030 -20
General Regulations
August 24, 2009
Corcoran Zoning Ordinance
Occupations that are not otherwise permitted under Subd. .nd subject Deleted: 6
to the following criteria:
1. Services may be provided to customers on site provided no
more than 2 additional parking stalls are necessary for
customer parking and the spaces shall be provided on the lot.
The Home Occupation shall not add more than 10 daily, non-
residential vehicle trips to or from the property.
2. A single vehicle up to 26,000 lb. GVW may be allowed by
Administrative Permit. The City Administrator shall
consider the vehicle size in relation to the intended use, the
road surface, the character of the neighborhood, number of
vehicle trips and any other relevant matters in deciding
whether to issue an Administrative Permit.
Subd. 7. Conditional Home Occupation License (CHOL).
A. All Home Occupations not defined as Allowed or Special shall be
defined as Conditional Home Occupations and will require a
Conditional Home Occupation License (CHOL) to be issued, subject to
review and approval by the City Council. The CHOL shall be processed
by the Planning Commission pursuant to Section 1070.030 (Interim Use
Permit) of the Corcoran Zoning Ordinance. A CHOL is not a
conditional use permit, but a license personal to the individual applicant
and the particular business for which the application is made. If the
business ceases, if ownership of the business changes, or if the
individual to whom a license has been issued ceases to own the subject
premises, the CHOL is automatically revoked.
B. All applicants must demonstrate, to the satisfaction of the Planning
Commission and City Council, the need for the CHOL. All applications
will be reviewed and analyzed, taking into consideration the general
health, safety and welfare of the community as a whole. The Planning
Commission and the City Council shall consider the following standards
and criteria when reviewing an application for a CHOL:
The nature and general character of the geographic area in which the
CHOL property is located. The City may consider, in addition to
other factors and not by way of limitation, the existence and
condition of gravel and paved roads in the area, existence and
proximity of collector, County and State roadways in the area,
CHOL lot size, the proximity of CHOL operations to neighboring
residences, size of neighboring lots, and use of neighboring
properties.
Title X: 1030 -21
General Regulations
August 24, 2009
Corcoran Zoning Ordinance
2. Consideration shall be made for potential property devaluation of
adjacent and surrounding properties.
3. Nuisance factors shall be considered, including but not limited to
sight, odor, light, glare and noise, and any other nuisance factors that
may result from issuance of the CHOL.
4. Environmental concerns, including but not limited to drainage,
wastewater, wells and wetland issues.
5. Compliance with Section 1030.020 (Accessory Buildings,
Structures, Uses and Equipment) of the Zoning Ordinance and with
other relevant Code sections.
6. Impact on the neighboring properties shall be considered before
issuing a CHOL.
C. Conditional Home Occupations with seasonal retail sales may be
allowed one temporary freestanding or wall sign as allowed by Section
84.04 (10) of the City Code.
Subd. 8. Employees; On- Site /Staging for Work Off -Site.
A. For home occupation businesses existing on May 24, 2001, the City
Council may allow up to 2 full -time equivalent on -site employees or up
to 4 employees reporting on -site for the purpose of staging work to be
performed off -site, or any combination of the two not to exceed 2 full -
time equivalent employees working on -site or 4 employees in total. The
applicant must prove that the applicant had employees, as outlined
above, on or within the 9 months prior to May 24, 2001 to qualify for
employees.
B. The actual number of on -site employees or employees permitted on -site
for work staging will depend on all factors considered in issuing the
CHOL.
C. No home occupations that come into existence after May 24, 2001 shall
be permitted to have on -site employees or employees on -site for the
purpose of staging work to be performed off -site.
D. For purposes of this section, employees shall include independent
contractors, part-time or seasonal employees.
Subd. 9. Exceptions. Daycare home facilities and group family daycare home
facilities that are licensed by the State are exempt from the requirements of
this Ordinance.
Title X: 1030 -22
General Regulations
August 24, 2009
Subd. 10.
Subd. 11.
Subd. 12.
Corcoran Zoning Ordinance
Denial of CHOL.
A. In the event the City Council denies a CHOL, findings of fact shall be
prepared to support the denial and shall be provided to the applicant.
WE
Ordinance Administration.
A. An the effective date of this Ordinance, all individuals operating a
business not otherwise permitted by this Ordinance shall make
application for a CHOL. If the application is denied, the applicant shall
have 12 months from the date of passage of this Ordinance to cease
operations.
Deleted: On the effective date of this
Ordinance, all individuals operating a
business not otherwise permitted by this
Ordinance shall make application for a
CHOL. If the application is denied, the
applicant shall have 12 months from the
date of passage of this Ordinance to cease
operations.
Deleted: A.
B. mmediately following the passage of this Ordinance, the City_shall Deleted:
commence the process of identifying all existing Home Occupations
that will require permits and shall give written notice to the owner of the
property requiring that application be made within 30 days.
ell, non - conforming Home Occupations shall be allowed to continue Deleted: B.
until such time as the homeowner ceases to operate the home
occupation, ownership of the business is transferred, or the property is
sold.
_There shall be an Mplication fee for thepermits and license issued Deleted: c.
under this Ordinance, together with an annual license fee; all such fees
to be set from time to time by resolution of the City Council.
X11 ep r ---V issued under this Ordinance shall be reviewed by the Cites
every 3 years from the date of issuance for a determination that the
existing Home Occupation, considered in light of the existing standards
and criteria, still warrants the issuance of a license. The City may
revoke or modify an administrative permit or CHOL upon a finding that
conditions have changed to warrant revocation or modification of the
license.
Violations/Penalty.
A. Any person violating this section, upon conviction, is guilty of a
misdemeanor and subject to a maximum fine or a maximum period of
imprisonment, or both, as specified by Minnesota Statutes §609.03.
Title X: 1030 -23
Deleted: D.
Deleted: license
General Regulations
August 24, 2009
Corcoran Zoning Ordinance
B. The City may also seek injunctive relief or other equitable relief for
violation of this Ordinance in Hennepin County District Court. If the
City is successful in seeking the injunction, or other equitable relief, the
property owner shall be responsible for all costs associated with the
action, including reasonable attorney's fees.
C. Mandatory clean up of a property in violation of the home occupation
ordinance shall be required as part of any resolution to a violation.
D. The City hereby reserves the right, upon approval of any home
occupation, and upon reasonable notice, to inspect the premises in
which the occupation is being conducted to insure compliance with the
provisions of this section or any conditions imposed.
E. Violations of any provisions or conditions of the home occupation
regulations may result in the revocation of either the administrative
permit or the CHOL following a public hearing in compliance with the
Administrative Procedures Act.
(Ord. 211, passed 12- 21 -04, Ord. 220, passed 05- 26 -05, Ord. 237, passed 11- 20 -06)
Title X: 1030 -24
SECTION 1040 — DISTRICT REGULATIONS
1040.010 — Establishment of Districts
Subd. 1. Uses Not Provided for Within Zoning Districts. Whenever in any zoning
district a use is not specifically allowed as a permitted, accessory,
conditional use, interim use or administrative permit, the use shall be
considered prohibited. In such cases, the City Council or the Planning
Commission, on their own initiative or upon request, may conduct a study
to determine if the use is acceptable and if so, what zoning district would be
most appropriate and the determination as to conditions and standards
relating to development of the use. The City Council, Planning
Commission or property owner, upon receipt of the staff study may initiate
an amendment to the Zoning Ordinance to provide for the particular use
under consideration or may find that the use is not compatible for
development within the City.
Subd. 2. Other Regulations. In addition to the regulations and standards in this
section, all uses and structures shall be subject to all other regulations
outlined in this Zoning Ordinance and shall comply with all local, State and
Federal laws, rules and regulations.
Subd. 3. Minimum Requirements. The provisions of this ordinance shall be held to
be the minimum requirements for the promotion and protection of the
public health, safety and welfare.
Subd. 4. Zoning Map. The locations and boundaries of the districts established by
this Ordinance are hereby set forth on the Corcoran, Minnesota Zoning
Map. The map is hereby made a part of this Ordinance and shall be known
as the "Corcoran, Minnesota Zoning Map." The map and all notations,
references and data shown thereon are hereby incorporated by reference into
this Ordinance and shall be as much a part of it as if all were fully described
herein. It shall be the responsibility of the City Planner to maintain the map
and record map amendments within 30 days after official publication of
amendments. The official Zoning Map shall be kept on file in the City Hall.
Subd. 5. Zoning District Boundaries. The boundaries between districts are, unless
otherwise indicated, either the centerline of streets, alleys or railroad rights -
of -way or lot lines or section lines or such centerlines or lot lines parallel or
perpendicular thereto.
Subd. 6. Future Annexations. Any land annexed to the City in the future shall be
placed in the Urban Reserve (M Urban Reserve (UR) district until another Deleted: Agriculture (A)
zoning classification is approved by action of the City Council after receipt Deleted: )
of the recommendation of the Planning Commission.
Title X: 1040 -1
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
Subd. 7. Establishment of Zoning Districts. The city is divided into the following
districts and overlay districts:
A. Urban Reserve (UR) District
B. Rural Residential (RR)
C. Single Family Residential (RSF -1) District
D. Single Family Residential (RSF -2. ) District
E. Single and Two - Family (RSF -3) District
F. Medium Density Residential (RMF -1) District
G. Mixed Residential (RMF -2) District
H. High Density Residential (RMF -3) District
I. Manufactured home Park (MP) District
J. Rural Commercial (CR) District
K. Transitional Rural Commercial (TCR) District
L. Neighborhood Commercial (C-1)
M. Community Commercial (C -2) District
N. Business Park (BP) District
O. Light Industrial (I -1) District
P. Downtown Mixed Use (DMU) District
Q. Planned Unit Development (PUD) District
R. Public /Institutional (PI) District
S. -Wetland Overlay District (W
T. Shoreland Overlay District (S)
U. Floodplain Overlay District (FP)
Title X: 1040 -2
Deleted: < # >I
Deleted: < # >Agriculture (A)Urban
Reserve (UR)¶
T
< # >Rural Residential (RR)¶
I
< # >Single Family Residential (R -1)¶
<# >Single and Two - Family (R -2)¶
< # >Multiple Family 1 (MF -1) ¶
T
< # >Manufactured Home Park (MP)¶
I
< # >Public /Institutional (PI)¶
I
< # >Rural Commercial (CR)¶
< # >Transitional Rural Commercial
(TCR)¶
< # >Neighborhood Commercial (C -1)¶
< # >Community Commercial (C -2)¶
T
< # >Business Park (BP)¶
District Regulations
August 24, 2009
(Ord. 211, passed 12- 21 -04)
Corcoran Zoning Ordinance
Deleted: < # >Planned Unit
Development (PUD)¶
I
< # >Downtown Overlay District (DOD)¶
Title X: 1040 -3
District Regulations
August 24, 2009
1040.020 — Urban Reserve. District (JJR)
Corcoran Zoning Ordinance
Subd. 1. Purpose. The intent of the Urban Reserve. district is to preserve areas where
urban services are planned, as shown on the 2030 Comprehensive Plan, but not
yet available. The large minimum lot size�will retain these lands in their natural
state or as agricultural uses until sanitary sewer, water, streets and other public
infrastructure is available and new development occurs. This will allow orderly
development to occur. The City may consider rezoning and subdivision of
Urban Reserve propety to urban uses consistent with the Comprehensive Plan
within two years of the scheduled date of extension or provision of the required
public facilities and services. The purpose of this district is to provide a
holding zone until a landowner /developer makes application for development,
at which time the City may rezone the affected property consistent with its
designation in the Comprehensive Plan, provided that the development does not
result in the premature extension of public utilities, facilities, and services as
specified above. The district does allow limited use of development rights prior
to sewer and water services through clustering of lots as outlined in Subd. 7 of
this Section.
Subd. 2. Permitted Uses.
A. Agriculture and Tree Farms.
B. Daycare Facilities, state licensed, as defined by statute.
C. Essential Services, subject to Section 1030.090 (Essential Services) of the
Zoning Ordinance.
D. Seasonal Produce Stands.
E. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
Single Family Detached Homes.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chanter.
B_Any incidental machinery, structures or buildings necessary for agriculture
or other permitted uses.
C_Daycare Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
Title X: 1040 -4
Deleted: Agriculture
Deleted: A
Deleted: Within the Metropolitan
Urban Service Area (MUSA) boundary
and the area designated as Potential
Future Urban Service Area, the purpose
Deleted: of the Agriculture
Deleted: (20 acres in the MUSA and 10
acres in Potential Future Urban Service
Area)
Deleted: Agriculture
District Regulations
August 24, 2009
Subd. 4.
Corcoran Zoning Ordinance
DRAFT April 7. 2011
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F_Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis courts,
for use of the property owner and guests.
H. Signs as regulated by the City Code.
I_Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in compliance
with City and State requirements.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. Commercial Feedlots, subject to MPCA (Minnesota Pollution Control
Agency) requirements.
B. Commercial Riding Stables, subject to Chapter 81 of the City Code.
C. Daycare facilities accessory to exiting educational or places of
worship /assembly.
1. The structure and operation shall be in compliance with State of
Minnesota Department of Human Services regulations and shall be
licensed accordingly.
2. All signage shall comply with Chapter 84 (Sign Ordinance) of the
Corcoran City Code.
3. No expansion of non - conforming structures or uses is allowed.
4. The use shall comply with the conditional use permit standards in
Section 1070.020 of the Zoning Ordinance.
D. Greenhouses and Nurseries, subject to the following:
1. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All structures
shall be set back at least 100 feet from any residential property line.
Title X: 1040 -5
Deleted: -# -Commercial Kennels,
subject to Chapter 81 of the City Code.¶
Deleted: religious facilities
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
2. On-site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
3_Adequate off - street parking is provided on an improved surface as
required by this ordinance.
4_Adequate parking, loading and maneuvering areas shall be provided.
5. Loading areas are screened from adjacent residential uses.
6. Well and Septic Systems can be accommodated on site to serve the
proposed facility.
7. Not more than 30 percent of the site area shall be covered with buildings
or other structures.
8. Hours for retail sale of product to customers shall be limited to 9:00
a.m. to 7:0012.m
9. Lighting shall comply with all ordinance requirements. Furthermore,
not more than 25 percent of the greenhouse space may be lit b etween
7:00 p.m. and 9:00 a.m. If more than 25 percent of the greenhouse
spaces are to be lit at night, they shall be screened from residential
properties by use of a retractable curtain, landscaping, buildings or other
methods to prevent light pollution, including sky glow.
10. The site complies with the minimum lot size standards for the district.
11. Sale of accessory items shall be permitted, provided they do not
generate more than 20 percent of the sales (measured by retail value or
sales volume) for the business nor cover more than 10 percent of the site
area.
2. At least 50 percent of the nursery stock to be sold on site must be grown
on site.
13. The provisions of Section 10.14(a) (5) of this ordinance are considered
and satisfactorily met.
E. Living quarters, which are provided accessory to a principal agricultural
use, subject to the following:
1. The living quarters are not used as rental property.
2. A maximum of one such accessory dwelling shall be allowed.
Title X: 1040 -6
Deleted: the following:
Deleted: < # >9:00 a.m. — 7:00 p.m.
Monday — Friday$
< # >9:00 a.m. — 6:00 p.m. Saturday¶
< # >10:00 a.m. — 5:00 p.m. Sunday¶
Deleted: at any time
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
3. There is a demonstrated need for such a facility for the permitted
agricultural use.
4. The farm includes a minimum of 30 acres.
5. The structure complies with all other Zoning Ordinance requirements.
F. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined
in Section 1070.030 of this ordinance and the specific standards and criteria that
may be cited below for a specific use:
1. Accessory Dwelling Unit, subject to the following:
1. Not more than one accessory dwelling unit shall be allowed on a single -
family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single - family detached home.
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the living
portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and subordinate
use, the gross floor area of which shall not exceed the gross floor area of
the principal dwelling unit or 800 square feet, whichever is less.
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
7. The owner of the property shall reside in the principal dwelling unit or
in the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
Title X: 1040 -7
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
9. In addition to the parking spaces required for the principal dwelling unit
on the lot, 2 off - street parking spaces shall be provided for an accessory
dwelling unit. Such accessory dwelling unit parking spaces shall not
conflict with the principal dwelling unit parking spaces, and shall
comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with the
procedures outlined in Section 1070.030 of the Zoning Ordinance. Such
permits will be administratively reviewed every 3 years to ensure
compliance with conditions of approval and ordinance requirements for
accessory dwelling units. Interim uses found to be in compliance may
be extended by the Zoning Administrator for periods of up to 3 years
each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
103 0. 100 (Home Occupations) of the Zoning Ordinance.
Deleted: ¶
C. Commercial Kennels, subject to Chapter 81 of the City Code.
D. Development in the MUSA prior to availability of municipal sewer and water,
subject to the following:
a. The proposed development is consistent with the Land Use Plan in the
adopted Comprehensive Plan, including applicable density goals.
b. The subject property is classified as Mixed Use/PUD in the City's adopted
Comprehensive Plan.
c. The proposed development will not preclude full utilization of the site
development potential when municipal infrastructure services are available.
d. The applicant agrees to connect to municipal infrastructure, including, but
not limited to: sanitary sewer, water and stormwater, upon its availability to
the site.
Title X: 1040 -8
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
e. The applicant agrees to pay all area charges and connection fees upon
connection to municipal infrastructure.
f.The applicant agrees to put a cash reserve into a third party escrow account for
the amount estimated by the City for the fees to be paid upon arrival of
municipal infrastructure. The applicant understands that the fees are an
estimate only and will enter into a written agreement with the City to pay all
fees based on the City fee schedule in place at the time of connection.
g. The applicant will sign an assessment waiver for future assessments for
public infrastructure.
h. The applicant will provide a removable on -site septic as a temporary means
to address sewer prior to extension of municipal sanitary sewer.
i. The applicant will provide temporary on -site wells or will reach an agreement
with an adjacent community to provide a temporary water service to the site
until municipal water is provided by the City of Corcoran.
j. The applicant shall be responsible for all costs associated with the temporary
sewer and water services and these costs shall not be credited against the
infrastructure area charges and connection charges due when municipal
infrastructure is provided.
E. Mining and Soil Processing.
F. Temporary living quarters, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter. I
• --- Subd. 7. Clustering Option. This section provides for optional clustering; of lots on
those properties with development rights as recorded on the official City of
Corcoran "Development Rights Map" on file at City Hall at the time of
adoption of this ordinance. Lots may be considered for clustering based on the
following minimum standards:
A. Clustering shall only be considered on those properties ,guided for
residential land use on the 2030 Comprehensive Plan.
Title X: 1040 -9
Deleted: Subd. 7. Density
Requirements. This section identifies
the maximum number of residential units
or non - residential units that may be
developed. The building rights program
is intended to preserve a rural residential
environment with active agri- businesses.
Development rights shall be calculated
based on the total lot area and rounded to
the nearest whole number. Development
rights shall be as recorded on the official
City of Corcoran "Development Rights
Map" on file at City Hall. ¶
< # >Landowners shall be permitted one
building right for each 10 acres of land
accessing onto a paved roadway.¶
< # >Landowners shall be permitted one
building right for each 30 acres of land
accessing onto a gravel road.¶
< # >The existing farmstead or residence
on properties accessing onto gravel roads
and eligible for Agricultural Preserve is
exempt from the density calculations in
rural areas, if the farmstead or residence
existed prior to July 1, 1981 and the
subject parcel is a minimum of 40 acres
in size. The minimum lot size may be
reduced from 40 acres to 35 acres if the
parcel is a quarter - quarter parcel reduced
from the standard 40 -acre quarter - quarter
parcel due to public road right -of -way or
a perturbation in the rectangular survey
system. ¶
< # >Additional building rights may be
granted to landowners that develop the
property as part of an Open Space
Preservation plat, as permitted by the
Subdivision Regulations.¶
< # >Except as otherwise approved as part
of an Open Space Preservation plat, no
lots or outlots shall be allowed to be
created without building rights.¶
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
B. An approval for a rezoning of the property, consistent with the residential
land use category of the 2030 Comprehensive Plan shall be made at the
same time as the subdivision of the property.
C. All procedures for a standard subdivision as provide in Section 930 and 935
of the Subdivision Ordinance shall be followed with the addition of the
following:
1. Buildable lots cannot exceed the number of development rights issued
to the property. The number of rights is based on Subd 8, of this Deleted: 7
section.
2. The maximum lot size of all created clustered lots shall not exceed two
times the minimum lot size for a single family dwelling of the zoning
district in which the property is located.
3. The proposed development will not preclude full utilization of the site
development potential when municipal infrastructure services are
available. A hg ost plat shall be designed for all outlot areas at the
same time as the Preliminary and Final Plat is reviewed and approved.
The hg ost plat shall indicate future access, internal road network,
future lot divisions and new lot layout based on zoning district
requirements along with density as guided by the 2030 future land use
plan and connection to municipal infrastructure.
D. Water and Sewer Systems.
All lots shall initially be served by a community well and septic s. s e
designed to connect to municipal sewer and water. Design shall be
acceptable to the City Engineer. Once municipal sewer and water services
are available, all lots shall be required to connect to the municipal system
and pay all area charges and connection fees as required by the City policy
in place at the time the infrastructure becomes available to serve the
development. The community systems may be located within the outlot. A
sewage treatment system management plan must be submitted to the city
and approved prior to the final plat being recorded.
1. The aDDlicant must Drovide a management (maintenance. reDlacement
and repair) plan for the community wastewater treatment system The Deleted: as aro�ed by the ciry J
management plan must be reviewed and approved by the City Council
and recorded with the final plat. The plan should clearly identib the
following:
The ownership of the centralized wastewater treatment
system.
tem.
Title X: 1040 -10
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
ii. An annual schedule for maintenance, inspection and
monitoring of the centralized wastewater treatment system.
iii. Assignment of responsibility for the management of and
payment for the centralized wastewater treatment system.
iv. Contingency plan in the event of failure of the centralized
wastewater treatment.
Financial guarantees, covering the estimated cost of
maintaining and nd replacing a centralized system.
vi. Provisions describing how the sewage treatment portion of
the system will be protected from vehicles, animals, humans
and other sources of risk.
vii. The name and license number of the system's designer.
viii. Provision for cost effective future connection of the
wastewater treatments s(s) to urban services within one
year after such services are provided at the boundary of the
development, with sufficient financial guarantees to ensure
no added cost to the City.
ix. The aDDlicant shall Drovide a cash reserve into a third Dart
escrow account for the amount estimated by the City for fees
to be paid upon arrival of municipal infrastructure. The
applicant shall enter into a written agreement with the City to
pay all fees based on the City fee schedule in place at the
time of connection.
X. The applicant shall be required to sign an assessment waiver
for future assessments for public infrastructure prior to
approval of the Final Plat.
xi. If financial euarantees for anv of the above Drovisions are
part of an association assessment or treasury fund, the City
shall be given access to annual audit records, at the expense
of the association, to ensure proper funding. If such
guarantees are the private responsibility of the developer, the
City shall require guarantees from the responsible
individual(s).
Subd.8. Density Requirements. This section identifies the maximum number of
residential units or non - residential units that may be developed. The
development rights program is intended to preserve a rural residential
Title X: 1040 -11
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
environment with active agri- businesses. Development rights shall be
calculated based on the total lot area and rounded to the nearest whole number.
Development rights shall be as recorded on the official City of Corcoran
"Development Rights Map" on file at City Hall.
A. Landowners shall be permitted one development right for each 10 acres of
land accessing onto nto a paved roadway.
B. Landowners shall be permitted one development right for each 30 acres of
land accessing onto a gravel road.
1. The existing farmstead or residence on properties accessing onto rg avel
roads and eligible for Agricultural Preserve is exempt from the density
calculations in rural areas, if the farmstead or residence existed prior to
July 1, 1981 and the subject parcel is a minimum of 40 acres in size.
The minimum lot size may be reduced from 40 acres to 35 acres if the
parcel is a quarter - quarter parcel reduced from the standard 40 -acre
quarter- quarter parcel due to public road right -of -way or a perturbation
in the rectangular survey system.
C. Additional development rights may be granted to landowners that develop
the property as part of an Open Space Preservation plat, as permitted by
the Subdivision Regulations.
D. Except as otherwise approved as part of an Open Space Preservation plat
or clustering option in Subd. 7 of this Section, no lots or outlots shall be
allowed to be created without development rights.
Subd.,9 Area Requirements. The following minimum requirements shall be met in the Deleted: s
UR district. Properties ma be submit to special reirements for overlay Deleted: A
districts as noted in Section 1050 (Overlay Districts):
A. Front Yard: The front yard setback for the main living area in an UR
district shall be fifty feet (50'). The setback may be reduced to forty feet
(40') if the following conditions are met:
Title X: 1040 -12
Deleted: 10 acres
\ �Delem contiguous
Deleted: 300 feet
Deleted: 300 feet
Deleted: loo
Deleted: 100 feet
Deleted: 60
Deleted: 60 feet
Deleted: 25 feet
Deleted, 50 feet
Deleted: 35 feet
Minimum lot size
20 acres
Minimum lot width
300 feet
Minimum lot depth
300 feet
Structure Setbacks:
Front From Arterial Streets
0 feet
Front, from all other streets
50 feet
Front Porch < 120 square feet
40 feet
Side
25 feet
Rear
30 feet
Maximum Building Height
35 feet
A. Front Yard: The front yard setback for the main living area in an UR
district shall be fifty feet (50'). The setback may be reduced to forty feet
(40') if the following conditions are met:
Title X: 1040 -12
Deleted: 10 acres
\ �Delem contiguous
Deleted: 300 feet
Deleted: 300 feet
Deleted: loo
Deleted: 100 feet
Deleted: 60
Deleted: 60 feet
Deleted: 25 feet
Deleted, 50 feet
Deleted: 35 feet
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
1. The setback reduction is for an attached livine area or Dorch to
the principal structure, not including_, the garage, which does not
exceed a total of one hundred twenty (120) square feet of above
grade finished livable space.
2. The exterior materials of the proposed living area or porch are
consistent or complementary in color, texture and quality with
those visible at the front of the dwelling.
3. The roof of the proposed living area or porch is properly
proportioned to and integrated with the roof of the dwelling
4. The structure does not adversely affect drainage on the lot or
neighboring properties.
B. Rear Yard: The rear vard setback for a Drincinal structure in an UR
district shall be thirty feet (30'). The setback may be reduced to twenty
feet (20') if the following conditions are met:
1. The setback reduction is for an attached living area to the
principal structure, not including the garage, that does not
exceed a total of three hundred (300) square feet of above grade
finished livable space.
2. The structure does not adversely affect drainage on the lot or
neighboring properties.
(Ord. 200, passed 07- 22 -04; Ord. 206, passed 10- 28 -04; Ord. 211, passed 12- 21 -04, Ord. 221, passed 06- 09 -05,
Ord. 225, passed 11- 22 -05, Ord. 231, passed 02- 09 -06, Ord. 239, passed 12- 14 -06)
Title X: 1040 -13
District Regulations
August 24, 2009
Far
This page left intentionally blank.
Title X: 1040 -14
Corcoran Zoning Ordinance
District Regulations
August 24, 2009
1040.030 — Rural Residential District MR)
Corcoran Zoning Ordinance
Subd. 1. Purpose. The purpose of this district is to provide large lots for single family
homes and hobby farms. The district is intended to preserve Corcoran's rural
character and its identity as a unique community within the Twin Cities
metropolitan area. This district allows residential and agricultural uses that will
preserve the rural nature of Corcoran and directly related, complementary uses.
Municipal services (sanitary sewer and municipal water) will not be available in
these areas.
Subd. 2. Permitted Uses.
A. Agriculture and Tree Farms.
B. Daycare Facilities, state licensed, as defined by statute.
C. Essential Services, subject to Section 1030.090 (Essential Services) of the
Zoning Ordinance.
D. Seasonal Produce Stands.
E_Parks, playgrounds, trails, other recreational facilities of a non - commercial
nature and directly related buildings and structures.
F. Recreation, Public
G. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
H. Single Family Detached Homes.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B_Any incidental machinery, structures or buildings necessary for agriculture
or other permitted uses.
C. Daycare Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
Title X: 1040 -15
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
F_Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis courts,
for use of the property owner and guests.
H. Signs as regulated by the City Code.
I.Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in compliance
with City and State requirements.
Subd. 4. Conditional Uses: The following are conditional uses, subject to the conditions
outlined in Section 1070.020 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Cemeteries and Memorial Gardens provided the use is public or semi-
public.
B. Commercial Riding Stables, subject to Chapter 81 of the City Code.
Greenhouses and Nurseries, subject to the following: Deleted: <# -Commercial Kennels,
11 ubject to Chapter 81 of the City Code.¶
1. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All structures
shall be set back at least 100 feet from any residential property line.
2. On-site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
3-Adequate off - street parking is provided on an improved surface as
required by this ordinance.
4. Adequate parking, loading and maneuvering areas shall be provided.
5. Loading areas are screened from adjacent residential uses.
6. Well and Septic Systems can be accommodated on site to serve the
proposed facility.
7. Not more than 30 percent of the site area shall be covered with buildings
or other structures.
8. Hours for retail sale of product to customers shall be limited to 9:00
a.m. to 7:00 p.m, Deleted: the fnunwing:
Deleted: < # >9:00 a.m. — 7:00 p.m.
Monday — Friday$
< # >9:00 a.m. — 6:00 p.m. Saturday¶
< # >10:00 a.m. — 5:00 p.m. Sunday¶
Title X: 1040 -16
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
9. Lighting shall comply with all ordinance requirements. Furthermore,
not more than 25 percent of the greenhouse space may be litb etween Deleted: at any time
the hours of 7:00 p.m. and 9:00 ,g.m. If more than 25 percent of the Deleted: .
greenhouse spaces are to be lit at night, they shall be screened from
residential properties by use of a retractable curtain, landscaping,
buildings or other methods to prevent light pollution, including sky
glow.
10. The site complies with the minimum lot size standards for the district.
11. Sale of accessory items shall be permitted, provided they do not
generate more than 20 percent of the sales (measured by retail value or
sales volume) for the business nor cover more than 10 percent of the site
area.
12. At least 50 percent of the nursery stock to be sold on site must be grown
on site.
13. The provisions of Section 10.14(a) (5) of this ordinance are considered
and satisfactorily met.
D-Living quarters, which are provided accessory to a principal agricultural
use, subject to the following:
1. The living quarters are not used as rental property.
2_A maximum of one such accessory dwelling shall be allowed.
3. There is a demonstrated need for such a facility for the permitted
agricultural use.
4. The farm includes a minimum of 30 acres.
5. The structure complies with all other Zoning Ordinance requirements.
E. Open Space Preservation Plats with individual on -site well and septic in
areas located outside of the MUSA and Potential Future Urban Service area,
in compliance with Section 940 of the Subdivision Regulations.
G. ,! Iaces of Worship/Assembly. Deleted: Places of Worship
H. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
Title X: 1040 -17
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined
in Section 1070.030 of this ordinance and the specific standards and criteria that
may be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following:
1. Not more than one accessory dwelling unit shall be allowed on a single -
family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a single -
family detached home.
3. An attached or detached accessory dwelling unit shall comply with the same
minimum building setback requirements as required for the living portion of
the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and subordinate use,
the gross floor area of which shall not exceed the gross floor area of the
principal dwelling unit or 800 square feet, whichever is less.
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for under
Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a similar
architectural style, roof pitch, colors, and materials as the principal building
on the lot.
7. The owner of the property shall reside in the principal dwelling unit or in
the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
9. In addition to the parking spaces required for the principal dwelling unit on
the lot, 2 off - street parking spaces shall be provided for an accessory
dwelling unit. Such accessory dwelling unit parking spaces shall not
conflict with the principal dwelling unit parking spaces, and shall comply
with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the principal
dwelling unit on the lot, and shall be identified with address numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use changes.
Title X: 1040 -18
District Regulations
August 24, 2009
Subd. 6.
Corcoran Zoning Ordinance
12. The interim use permit shall be issued for 3 years in accordance with the
procedures outlined in Section 1070.030 of the Zoning Ordinance. Such
permits will be administratively reviewed every 3 years to ensure
compliance with conditions of approval and ordinance requirements for
accessory dwelling units. Interim uses found to be in compliance may be
extended by the Zoning Administrator for periods of up to 3 years each.
B. Temporary living quarters, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
C. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
D. Commercial Kennel, subject to Chapter 81 of the City Code.
Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
Subd.7. Density Requirements. This section identifies the maximum number of
residential units or non - residential units that may be developed. The
development rights _program is intended to preserve arural residential
environment with active agri- businesses. Development rights shall be
calculated based on the total lot area and rounded to the nearest whole number.
Development rights shall be as recorded on the official City of Corcoran
"Development Rights Map" on file at City Hall.
A. Landowners shall be permitted one development right for each 10 acres of
land accessing onto a paved roadway.
B. Landowners shall be permitted one development right for each 30 acres of
land accessing onto a gravel road.
The existing farmstead or residence on properties accessing onto
gravel roads and eligible for Agricultural Preserve is exempt from the
density calculations in rural areas, if the farmstead or residence existed
prior to July 1, 1981 and the subject parcel is a minimum of 40 acres in
size. The minimum lot size may be reduced from 40 acres to 35 acres
if the parcel is a quarter- quarter parcel reduced from the standard 40-
acre quarter - quarter parcel due to public road right -of -way or a
perturbation in the rectangular survey system.
Title X: 1040 -19
Deleted: building right
Deleted: building right
Deleted: building right
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
C_Additional development rights my begrranted to landowners that develop Deleted: building right
the property as part of an Open Space Preservation plat, as permitted by
the Subdivision Regulations.
D. Except as otherwise approved as part of an Open Space Preservation Plat,
no lots or outlots shall be allowed to be created without development Deleted: building right
rights.
Subd. 8. Area Requirements: The following minimum requirements shall be met in the
RR district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
2.5 acres
Minimum contiguous developable area
1.5 acres
Minimum lot width
200 feet
Minimum lot depth
300 feet
Structure Setbacks:
Front From Arterial Streets
5 0 feet
Front, From all other streets
50 feet
Front Porch < 120 square feet
40 feet
,Side
25 feet
ear
25 feet
Maximum Building Height
35 feet
A. Front Yard: The front vard setback for the main livinlz area in an UR
district shall be fifty feet (50'). The setback may be reduced to fort
(40') if the following conditions are met:
1. The setback reduction is for an attached living area or porch to
the principal structure, not including the garage, which does not
exceed a total of one hundred twenty (120) square feet of above
grade finished livable space.
2. The exterior materials of the proposed living area or porch are
consistent or complementary in color, texture and quality with
those visible at the front of the dwelling.
3. The roof of the proposed living area or porch is properly
proportioned to and integrated with the roof of the dwelling.
4. The structure does not adversely affect drainage on the lot or
neighboring properties.
B. Rear Yard: The rear yard setback for a principal structure in an UR
district shall be thirty feet (30'). The setback may be reduced to twenty
feet (20') if the following conditions are met:
1. The setback reduction is for an attached living area to the
Title X: 1040 -20
Deleted: 100 feet
Deleted: 60
Deleted:
Deleted: .
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
principal structure, not including the garage, that does not
exceed a total of three hundred (300) square feet of above rg ade
finished livable space.
2. The structure does not adversely affect drainage on the lot or
neighboring properties.
(Ord. 200, passed 07- 22 -04, Ord. 224, passed 10- 27 -05, Ord. 225, passed 11- 22 -05, Ord. 231, passed 02- 09 -06)
Title X: 1040 -21
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
1040.040 —RSF -1 (Single Family Residential) Zoning District_
Subd. 1. Purpose. The purpose of the NSF -1 district is to lame, urban lots for
single family homes and directly related complementary uses. The district
includes existing neighborhoods that are currently served by private wells and
septic systems. New development within this district will be allowed only
when a full range of municipal services and facilities are available to serve the
area. New development is intended to create low- density residential areas and
to preserve and enhance transitional residential areas between lower and higher
densities in areas served by public utilities. Areas zoned RSF -1 are guided Low
Density Residential on the City's 2030 Comprehensive Plan.
Subd. 2. Permitted Uses.
A. Daycare Facilities, state licensed, as defined by statute.
B. Essential Services, subject to Section 1030.090 (Essential Services) of the
Zoning Ordinance.
C. Parks, playgrounds, trails, other recreational facilities of a non - commercial
nature and directly related buildings and structures.
D. Recreation, Public
E. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
F. Single Family Detached Homes.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B_Any incidental machinery, structures or buildings necessary for agriculture
or other permitted uses.
C_Daycare Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F_Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
Title X: 1040 -22
Deleted: RR =1
Deleted: ¶
Deleted: R -1
Deleted: Development within this
district is expected at a density of up to
3.0 units per net acre.
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
G_Play and recreational facilities, including swimming pools and tennis courts,
for use of the property owner and guests.
H. Signs as regulated by the City Code.
I_Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in compliance
with City and State requirements.
Subd.4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. ,Places of Worship /Assembly.
B. Residential Facility with seven to sixteen individuals, licensed by the State.
C. Educational facilities, K -12.
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined
in Section 1070.030 of this ordinance and the specific standards and criteria that
may be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following:
1. Not more than one accessory dwelling unit shall be allowed on a single -
family detached lot.
1_An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single - family detached home.
2. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the living
portion of the principal dwelling unit.
3. An accessory dwelling unit shall be a clearly incidental and subordinate
use, the gross floor area of which shall not exceed the gross floor area of
the principal dwelling unit or 800 square feet, whichever is less.
4. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
Title X: 1040 -23
Deleted: Places of Worship
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
5. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
6. The owner of the property shall reside in the principal dwelling unit or
in the accessory dwelling unit.
7. There shall be no separate ownership of the accessory dwelling unit.
8. In addition to the parking spaces required for the principal dwelling unit
on the lot, 2 off - street parking spaces shall be provided for an accessory
dwelling unit. Such accessory dwelling unit parking spaces shall not
conflict with the principal dwelling unit parking spaces, and shall
comply with the requirements of this Chapter.
9. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
10. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
11. The interim use permit shall be issued for 3 years in accordance with the
procedures outlined in Section 1070.030 of the Zoning Ordinance. Such
permits will be administratively reviewed every 3 years to ensure
compliance with conditions of approval and ordinance requirements for
accessory dwelling units. Interim uses found to be in compliance may
be extended by the Zoning Administrator for periods of up to 3 years
each.
B. Greenhouses and Nurseries, subject to the following:
a. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All structures
shall be set back at least 100 feet from any residential property line.
b. On-site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
c_Adequate off - street parking is provided on an improved surface as
required by this ordinance.
4.--Adequate parking, loading and maneuvering areas shall be provided.
Title X: 1040 -24
Deleted: < # >Agriculture and tree
farms. Existing uses of this type shall be
allowed to continue as permitted uses
until the landowner chooses to cease
operations.¶
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
e. Loading areas are screened from adjacent residential uses.
f.Not more than 30 percent of the site area shall be covered with buildings
or other structures.
g. Hours for retail sale of product to customers shall be limited to the
following:
i. 9:00 a.m. — 7:00 p.m. Monday — Friday
ii. 9:00 a.m. — 6:00 p.m. Saturday
iii. 10:00 a.m. — 5:00 p.m. Sunday
h. Lighting shall comply with all ordinance requirements. Furthermore,
not more than 25 percent of the greenhouse space may be lit at any time.
If more than 25 percent of the greenhouse spaces are to be lit at night,
they shall be screened from residential properties by use of a retractable
curtain, landscaping, buildings or other methods to prevent light
pollution, including sky glow.
i.The site complies with the minimum lot size standards for the district.
j_Sale of accessory items shall be permitted, provided they do not generate
more than 20 percent of the sales (measured by retail value or sales
volume) for the business nor cover more than 10 percent of the site area.
k. At least 50 percent of the nursery stock to be sold on site must be grown
on site.
]_The provisions of Section 10.14(a) (5) of this ordinance are considered
and satisfactorily met.
C. Seasonal Produce Stands.
D. Conditional Home Occupation License (CHOL) as allowed by Section
103 0. 100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
C. Temporary structures.
D. Temporary real estate offices.
Title X: 1040 -25
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
Subd. 7. Area Requirements. The following minimum requirements shall be met in the
,RSF -1 district. Properties may be subject to special requirements for overlay Deleted: R -1
districts as noted in Section 1050 (Overlay Districts):
Minimum Lot Size
20,000 square feet
Minimum lot width
100 feet
Structure Setbacks:
Front, From Arterial Streets
50 feet
Fron From all other streets
4q feet
Front Porch < 120 square feet
30 feet
Side livin
0 feet
Side ara e *
5 feet
Rear
30 feet
Maximum Building Height
35 feet
*Minimum separation between structures on adiacent parcels shall be I S feet.
A. Front Yard: The front vard setback for the main living area in an RSF -1 district
shall be fort,, f�40'). The setback may be reduced to thi , feet (30') if the
following conditions are met:
1. The setback reduction is for an attached living area or porch to the
principal structure, not including the garage, which does not exceed a
total of one hundred twenty (120) square feet of above ,grade finished
livable space.
2. The exterior materials of the proposed living area or porch are
consistent or complementary in color, texture and quality with those
visible at the front of the dwelling.
3. The roof of the proposed living area or porch is properly proportioned
to and integrated with the roof of the dwelling.
4. The structure does not adversely affect drainage on the lot or
neighboring properties.
B. Rear Yard: The rear yard setback for a principal structure in an RSF -1 district
shall be thirty feet (30'). The setback may be reduced to twenty feet (20') if the
following conditions are met:
1. The setback reduction is for an attached living area to the principal
structure, not including the garage, that does not exceed a total of three
hundred (300)square feet of above grade finished livable space.
3. The structure does not adversely affect drainage on the lot or
neighboring properties.
Subd. 8 Design Requirements. Newly constructed single family homes shall be
Title X: 1040 -26
Deleted: 100
Deleted: (living)
Deleted: 30
Deleted: 15
Deleted: ¶
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
constructed with the following design elements:
A. Front Elevation: Deletes: A.
1. Each elevation facing a street or park shall have a minimum of 50%
comprised on natural material consisting of brick, stone, stucco, hardi-
board, redwood, cedar or other similar materials. A minimum of two
different materials is required, except that brick may be used on the entire
elevation.
2 A plaque address stone is required.
3. Design of street and park fronting exterior elevations shall be varied with a
minimum of five different styles provided in the development
4. Homes in proximity to each other shall not look alike in terms of color of
siding, accent and roofing materials. The home under consideration will
be compared to the two homes on each side and to the three homes
directly facing it.
B. _Garages: _ _
1. Side entry garages are encouraged where feasible.
2. The aaraee shall not comDrise more than 55 Dercent of the viewable
ground floor street - facing linear building frontage. rontage. This standard is based
on the measurement of the entire garage structure and not on a
measurement of the ,garage door or doors only. Corner lots are exempt
from this requirement on one street elevation.
3. Garage doors shall be architectural styled to match the exterior design of
the home.
C. goof ; Deleted: C.
1. Architectural design roofing materials including composition, wood
shingles (including shake), hake), concrete, clay, ceramic the roofs or residential
steel roofing material with hidden fasteners are required on all roofs.
I Overhangs must be a minimum of 12 inches Deleted:
D. Side and Rear Facades:_ Deleted: D.
1. Equal architectural treatment on all sides of the building-(materials, Deleted: 1. Four sided style treatment
articulation, etc.) shall be used for all new residential construction when
located on or visible from an arterial road way or public park. Accenting shall
be accomplished by including accenting materials and design on all facades.
Title X: 1040 -27
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
2. Each side elevation shall have at least one window or doorppening.
3. A maximum of 18 inches of the foundation wall may be eposed on any
elevation.
_(Ord. 211, passed 12- 21 -04, Ord. 225, passed 11- 22 -05)
Title X: 1040 -28
Deleted: 2.
Deleted:
Deleted: 3.
District Regulations
August 24, 2009
Far
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Title X: 1040 -29
Corcoran Zoning Ordinance
1040.041— RSF -2 (Single Family Residential) District
Subd. 1. Purpose. The purpose of the RSF -2 district is to provide urban sized lots for
single family homes and directly related complementary uses. New
development within this district will be allowed only when a full range of
municipal services and facilities are available to serve the area. New
development is intended to create low- density residential areas in a moderate
lot sizes to meet overall density requirements and provide greater variety in the
housing choices. Areas zoned RSF -2 are guided Low Density of the City's
2030 Comprehensive Plan.
Subd. 2. Permitted Uses.
A. Daycare Facilities, state licensed, as defined by statute.
B. Essential Services, subject to Section 1030.090 (Essential Services) the
Zonina Ordinance.
C. Parks, playgrounds, trails, other recreational facilities of a non - commercial
nature and directly related buildings and structures.
D. Recreation, Public
E. Residential facilities in a single family detached dwelling, serving 6 or fewer
individuals and licensed by the State.
F. Single Family Detached Homes.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Any incidental machinery, structures or buildings necessary for agriculture or
other permitted uses.
C. Daycare Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the Ci . Code.
G. Play and recreational facilities, including swimming pools and tennis courts,
for use of the property owner and ug ests.
Deleted: 0
Title X: 1041,-1 //
H. Signs as regulated by the City Code.
1. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in compliance with
City and State requirements.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions
outlined in Section 1070.020 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Places of Worship/Assembly.
B. Residential Facility with seven to sixteen individuals, licensed by the State.
C. Educational facilities, K -12.
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined
in Section 1070.030 of this ordinance and the specific standards and criteria that
may be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following_
A. Not more than one accessory dwelling unit shall be allowed on a single -
family detached lot.
B. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessor y to
single- family detached home.
C. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the living
portion of the principal dwelling unit.
D. An accessory dwelling unit shall be a clearly incidental and subordinate
use, the gross floor area of which shall not exceed the gross floor area of
the principal dwelling unit or 800 square feet, whichever is less.
E. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
F. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the principal
building on the lot.
Deleted: 0
Title X: 1042
G. The owner of the property shall reside in the principal dwelling unit or in
the accessory dwelling unit.
H. There shall be no separate ownership of the accessory dwelling unit.
I. In addition to the parking spaces required for the principal dwelling unit
on the lot, 2 off - street parking spaces shall be provided for an accessory
dwelling unit. Such accessory dwelling unit parking spaces shall not
conflict with the principal dwelling unit parking spaces, and shall comply
with the requirements of this Chapter.
J. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
K. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
L. The interim use permit shall be issued for 3 years in accordance with the
procedures outlined in Section 1070.030 of the Zoning Ordinance. Such
permits will be administratively reviewed every 3 years to ensure
compliance with conditions of approval and ordinance requirements for
accessory dwelling units. Interim uses found to be in compliance may be
extended by the Zoning Administrator for periods of up to 3 years each.
B. Agriculture and tree farms. Existing uses of this type shall be allowed to
continue as ermitted uses until the landowner chooses to cease operations.
C. Greenhouses and Nurseries, subject to the following:
1. When abutting a residential use or district, the property shall be screened
and landscaped in accordance with this Chapter. All structures shall be set
back at least 100 feet from any residential property line.
2. On -site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
3. Adequate off - street parking is provided on an improved surface as
required by this ordinance.
4. Adequate parking, loading and maneuvering areas shall be provided.
5. Loading areas are screened from adjacent residential uses.
Deleted: 0
Title X: 104-1,-3
6. Not more than 30 percent of the site area shall be covered with buildings
or other structures.
7. Hours for retail sale of product to customers shall be limited to 9:00 a.m.
to 7:00 p.m ti
8. Lighting shall comply with all ordinance requirements. Furthermore, not
more than 25 percent of the greenhouse space may be lit petween 7:00
p.m. and 9:00 ,g.m. If more than 25 percent of the greenhouse spaces are
to be lit at night, they shall be screened from residential properties by use
of a retractable curtain, landscaping, buildings or other methods to prevent
light pollution, including sky glow.
9. The site complies with the minimum lot size standards for the district.
10. Sale of accessory items shall be permitted, provided they do not end
more than 20 percent of the sales (measured by retail value or sales
volume) for the business nor cover more than 10 percent of the site area.
11. At least 50 percent of the nursery stock to be sold on site must be rgrown
on site.
12. The provisions of Section 10.14(a) (5) of this ordinance are considered
and satisfactorily met.
D. Seasonal Produce Stands.
E. Conditional Home Occupation License (CHOL) as allowed by Section
103 0. 100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
C. Temporary structures.
D. Temporary real estate offices.
Title X: 1044 . //
Deleted: the followine:
Deleted: < # >9:00 a.m. - 7:00 p.m.
Monday - Friday¶
< # >9:00 a.m. - 6:00 p.m.-Saturday
< # >10:00 a.m. - 5:00 p.m. Sunday¶
Deleted: at any time
Deleted: .
Deleted:
Deleted: 0
Subd. 7. Area Requirements. The following minimum requirements shall be met in the
RSF -2 district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts
Minimum Lot Size
11,000 s g ft
Minimum lot width
80 feet
Structure Setbacks:
From Arterial Streets
50 feet
Front From all other street
20 feet
Front Porch 120 s ft
15 feet
ide House
10 feet
ide Gara e*
5 feet
Rear
30 feet
Maximum Building Height
35 feet
*Minimum separation between structures on adjacent parcels shall be 15 feet.
A. Front Yard: The front vard setback for the main livine area in an RSF -2
district shall be twenty feet (20'). The setback may be reduced to fifteen feet
(15') if the following conditions are met:
A. The setback reduction is for an attached living area or porch to the
principal structure, not including the garage, which does not exceed a total
of one hundred twenty (120) square feet of above grade finished livable
space.
B. The exterior materials of the proposed living area or porch are consistent_
or complementary in color, texture and quality with those visible at the
front of the dwelling.
C. The roof of the proposed living area or porch is properly proportioned to
and integrated with the roof of the dwellin&
D. The structure does not adversely affect drainage on the lot or neighboring
properties. We should be able to remove.
B. Rear Yard: The rear vard setback for a principal structure in an RSF -2 district
shall be thirty feet (30'). The setback may be reduced to twenty feet (20') if the
following conditions are met:
1. The setback reduction is for an attached living area to the principal
structure, not including the garage, that does not exceed a total of three
hundred (300) square feet of above grade finished livable space.
2. The structure does not adversely affect drainage on the lot or neighbor
properties
C. pesign Requirements.
All developments in RSF -2 shall follow the same Design Requirements as
listed in 1040.040 Subd 8.
Title X: 104),- 5
Deleted: Living rea
Deleted: —
Deleted:
Deleted: A
Deleted: 1.
Deleted: 2
Deleted: 3_
Deleted: 4
Deleted: B
Deleted: 1
Deleted: 3
Deleted: D
Deleted: 0
1040.050 — RSF 3 (Single and Two - Family) District
Deleted: 2
Subd. 1. Purpose. The ASF -3 district is intended to provide for new single - family
Deleted: R -2
neighborhoods with a lot size that is smaller than the City's traditional single -
family lot as well as directly related, complementary uses. This zoning district
is intended to be the primary single - family zoning district for future residential
developments. The smaller lot size will make efficient use of the City's land
supply and investment in public utilities and allow the City to efficiently protect
and preserve its natural resources such as wetlands and woodlands. In addition,
the smaller lot size will help the City meet its density goal for new single -
family homes. Single family homes, as well as two - family dwellings are
allowed in this district. New development within this district will be allowed
only when a full range of municipal services and facilities are available to serve
the area. Areas zoned RSF -3 are guided Low Density on the City's 2030
Comprehensive plan. Development within this district is required at a
minimum density of 3.0 units per net acre up to a maximum of 5.0 units per
acre_,,_
Deleted: Development within this
district is expected at a density of 3.0 —
6.0 units per net acre.
Subd. 2. Permitted Uses.
A. Daycare Facilities, state licensed, as defined by statute.
B. Essential Services, subject to Section 1030.090 (Essential Services) of the
Zoning Ordinance.
C. Parks, playgrounds, trails, other recreational facilities of a non - commercial
nature and directly related buildings and structures.
D. Recreation, Public.
E. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
F. Single Family Detached Homes.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B_Daycare Facilities, county licensed, 12 or fewer individuals.
C. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
Deleted: 0
Title X: 1041-1
D. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
E.—Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
F_Play and recreational facilities, including swimming pools and tennis courts,
for use of the property owner and guests.
G. Signs as regulated by the City Code.
H. Structures or buildings accessory to uses allowed in this district.
I_Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in compliance
with City and State requirements.
Subd.4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. Daycare facilities accessory to educational facilities or laces of Deleted: places of worship
Worship /Assembly.
B. Educational facilities, K -12.
C. ,Places of Worship /Assembly.
D. Residential Facility with seven to sixteen individuals.
E. Two Family Dwellings.
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined
in Section 1070.030 of this ordinance and the specific standards and criteria that
may be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following:
1. Not more than one accessory dwelling unit shall be allowed on a single -
family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single - family detached home.
Title X: 104f 2
Deleted: Places of Worship
Deleted: 0
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the living
portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and subordinate
use, the gross floor area of which shall not exceed the gross floor area of
the principal dwelling unit or 800 square feet, whichever is less.
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
7. The owner of the property shall reside in the principal dwelling unit or
in the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
9. In addition to the parking spaces required for the principal dwelling unit
on the lot, 2 off - street parking spaces shall be provided for an accessory
dwelling unit. Such accessory dwelling unit parking spaces shall not
conflict with the principal dwelling unit parking spaces, and shall
comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with the
procedures outlined in Section 1070.030 of the Zoning Ordinance. Such
permits will be administratively reviewed every 3 years to ensure
compliance with conditions of approval and ordinance requirements for
accessory dwelling units. Interim uses found to be in compliance may
be extended by the Zoning Administrator for periods of up to 3 years
each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
Deleted: 0
Title X: 104f 3
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
C. Temporary structures.
D. Temporary real estate offices.
Deleted: 0
Title X: 1041A-4
Subd. 7. Area Requirements: The following minimum requirements shall be met in the
NSF -3 district. Properties may be subLect to special ree uirements for overlay Deleted: R -2
districts as noted in Section 1050 (Overlay Districts):
*Minimum separation between structures on ad a7 cent parcels shall be 15e feet.
A. Front Yard: The front vard setback for the main living area in an RSF -3 district
(single family units) shall be twenty feet (20'). The setback may be reduced to
fifteen feet (15') if the following conditions are met:
1. The setback reduction is for an attached living area or porch to the
principal structure, not including the garage, which does not exceed a
total of one hundred twenty (120) square feet of above grade finished
livable space.
2. The exterior materials of the proposed living area or porch are
consistent or complementary in color, texture and quality with those
visible at the front of the dwelling.
3. The roof of the proposed living area or porch is properly proportioned
to and integrated with the roof of the dwellina.
4. The structure does not adversely affect drainage on the lot or
neighboring properties. We should be able to remove.
B. Rear Yard: The rear vard setback for a nrincinal structure in an RSF -3 district
(single family) shall be thirty feet (30'). The setback may be reduced to
twenty, f�20') if the following conditions are met:
1. The setback reduction is for an attached living area to the principal
structure, not including the garage, that does not exceed a total of three
hundred (300) square feet of above ,grade finished livable space.
2. The structure does not adversely affect drainage on the lot or
neighboring properties.
Title X: 104f 5
Deleted: 12,000
Deleted: 80
Deleted: 100
Deleted: 100
Deleted: 25
Deleted: 25
Deleted: 0
Single Family
Two - Family dwellings
and other uses
Minimum Lot Size
7 500 square feet
15,000 square feet
Minimum lot width
155 feet
100 feet
Structure Setbacks:
From Arterial Streets
0 feet
50 feet
Front, From all other
streets
2Q, feet
25 feet
Front Porch (< 120 square
feet
15 feet
N/A
Side livin
10 feet
10 feet
Side ara e *
5 feet
5 feet
Rear
3A feet
25 feet
Maximum Building Height
35 feet
35 feet
*Minimum separation between structures on ad a7 cent parcels shall be 15e feet.
A. Front Yard: The front vard setback for the main living area in an RSF -3 district
(single family units) shall be twenty feet (20'). The setback may be reduced to
fifteen feet (15') if the following conditions are met:
1. The setback reduction is for an attached living area or porch to the
principal structure, not including the garage, which does not exceed a
total of one hundred twenty (120) square feet of above grade finished
livable space.
2. The exterior materials of the proposed living area or porch are
consistent or complementary in color, texture and quality with those
visible at the front of the dwelling.
3. The roof of the proposed living area or porch is properly proportioned
to and integrated with the roof of the dwellina.
4. The structure does not adversely affect drainage on the lot or
neighboring properties. We should be able to remove.
B. Rear Yard: The rear vard setback for a nrincinal structure in an RSF -3 district
(single family) shall be thirty feet (30'). The setback may be reduced to
twenty, f�20') if the following conditions are met:
1. The setback reduction is for an attached living area to the principal
structure, not including the garage, that does not exceed a total of three
hundred (300) square feet of above ,grade finished livable space.
2. The structure does not adversely affect drainage on the lot or
neighboring properties.
Title X: 104f 5
Deleted: 12,000
Deleted: 80
Deleted: 100
Deleted: 100
Deleted: 25
Deleted: 25
Deleted: 0
C. Design Requirements.
All developments in RSF -3 shall follow the same Design Requirements as
listed in 1040.040 Subd 8.
(Ord. 211, passed 12- 21 -04, Ord. 225, passed 11- 22 -05)
0
�y
Title X: 104f 6
Deleted: 0
1040.060. RMF -1, MEDIUM DENSITY RESIDENTIAL DISTRICT
Subd. 1 Purpose. The purpose of the RMF -1, Medium Density Residential District is to
allow a variety of housing _types including single - family attached and detached dwelling and
multi - family to expand life cycle housing options with a minimum net density of 6 units per
acre and maximum net density of 8 units per acre. All lot sizes in this district are intended to
reflect the City's objective of promoting efficient use of land and public utilities. Areas zoned
RMF -1 are guided Medium Density Residential on the 2030 Comprehensive Plan.
Subd. 2. Permitted Uses.
A. Dwelling, single family detached
B. Dwelling, two - family
C. Dwelline, single - familv attached with no more than six (6) dwelling units
per structure in a row (and no back to back townhome units)
D. Recreation - public.
Subd. 3 Accessory uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Daycare Facilities, county licensed, 12 or fewer individuals
C. Fences as regulated by section 1060 (Performance Standards) of this
chapter.
D. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
E. Keeping of Animals, subject to Chapter 81 (Animals) of the Cites
F. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
G. Signs as regulated by the City Code.
H. Structures or buildings accessory to uses allowed in this district.
I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in compliance
with City and State requirements.
Deleted: 0
Title X: 104% 1
Subd 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. Daycare facilities accessory to educational or religious facilities.
B. Dwelling, senior (age - restricted)
C. Dwelling, Multiple Family
D. Educational facilities, K -12.
E. Places of Worship /Assembly
F. Residential Facility with seven to sixteen individuals
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined
in Section 1070.030 of this ordinance and the specific standards and criteria that
may be cited below for a specific use:
A. Accessory Dwelling Unit for Single Family Detached Homes, subject to the
following:
1. Not more than one accessory dwelling unit shall be allowed on a single -
family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached age that is accessory to a
single- family detached home.
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the living
portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and subordinate
use, the gross floor area of which shall not exceed the gross floor area of
the principal dwelling unit or 800 square feet, whichever is less.
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
Deleted: 0
Title X: 104f 2
7. The owner of the property shall reside in the principal dwelling unit or
in the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
9. In addition to the parking spaces required for the principal dwelling unit
on the lot, 2 off - street parking spaces shall be provided for an accessory
dwelling unit. Such accessory dwelling unit parking spaces shall not
conflict with the principal dwelling unit parking spaces, and shall
comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with the
procedures outlined in Section 1070.030 of the Zoning Ordinance. Such
permits will be administratively reviewed every 3 years to ensure
compliance with conditions of approval and ordinance requirements for
accessory dwelling units. Interim uses found to be in compliance may
be extended by the Zoning Administrator for periods of up to 3 years
each.
Deleted: ¶
B. Conditional Home Occupation License (COOL) as allowed by Section
103 0. 100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
C. Temporary structures.
D. Temporary real estate offices.
Subd. 7 Area Requirements
A. Lot size, setback, and height requirements. The following minimum
requirements shall be observed in an RFM -1 District
1. Minimum lot requirements. Deleted: o
Title X: 104f 3
(a) Lot area:
i. petached single- family 7,000 square feet/two- family 7,500 Deleted: i_
square feet per unit;
ii. Attached townhouse: 5,400 square feet per unit, or overall— Deleted: z_.
average oU,400 sq ft if common site area owned and Deleted: s.aoo sa
maintained by a homeowner's association.
iii. Apartment /condominium dwelling: 1 acre
(b) Lot width:
i. Detached single- family: 70 feet
ii. Two family units: 150 feet;
iii. Multiple- family dwelling: 100 feet._
iv. Attached townhouse: no established minimum.
p
2. Setbacks.
(a) Principal structure.
i. Front.
a. Arterials, as designated in the Comprehensive
Plan: 50 feet
b. All other streets: 25 feet
C. Internal: 20 feet between attached or multi-
family_ principal structures separated by common
area.
ii. Side yard:
a. Single - family /Two family dwelling: 10 feet
b. Attached townhome: 10 feet
C. Multiple - family dwelling: 30 feet
iii. ,Side street:
Title X: 1048 4 . //
Deleted: 3
Deleted: 3_
Deleted: a_
Deleted: 1_.
Deleted: 2_
Deleted: 3.
Deleted: 0
a. Single- family /Two family dwelling: 20 feet,
b. Attached townhome: 20 feet.
C. Multiple- family dwelling: 30 feet.
iv. Aear yard: 25 feet.
v. jnternal: 20 feet between principal structures.
3. Building g eight•
(a) Principal structures: shall be limited to a maximum height of-
i. Single family detached and Two - Family 35 feet
ii. Attached townhome 35 feet.
iii. Apartment and Condominiums (stacked units) 35 feet.
Subd. 8. Single and Two Family Design Requirements.
A. All single and two family developments in RMF -1 shall follow the same
Design Requirements as listed in 1040.040 Subd 8.
Subd. 9. Special Minimum Requirements for Attached Dwelling Units.
Deleted: a_.
Deleted: 5_
Deleted:
Deleted: 1
Deleted: 2
Deleted: 3
A. Unit Size: The following unit size shall apply: Deletes: a.
1. Floor Area: Five hundred (500) square foot minimum floor area for
efficiency apartment units. Minimum eight hundred (800) square feet for a
one - bedroom unit plus one hundred (100) square feet for each additional
bedroom. Seven hundred (700) square foot minimum floor area for one -
bedroom apartment dwelling units in retirement housing developments,
plus one hundred (100) square feet for each additional bedroom. Garages,
breezeways and porch floor spaces shall not be credited in determining the
required floor area of units.
B. L nit Construction:
1. $$ ubdivision Requests: Building elevations and floor plans shall be
furnished with subdivision requests illustrating exterior building material
and colors to demonstrate compliance of this title. Building floor plans
shall identify the interior storage space within each unit.
2. Pecks Or Porches: Provision shall be made for possible decks, porches or
Title X: 104f 5
Deleted: 1.
Deleted: B.
Deleted: L
Deleted:
Deleted: 2.
Deleted: 0
additions as part of the initial dwelling unit building plans. The unit lot
shall be configured and sized to include decks or porches.
.
Deleted:
atta
3. Exterior Building Finish: The exterior of attached/townhome dwelling Deleted: s.
units shall include a variation in building materials which are to be
distributed throughout the building facades and coordinated into the
architectural design of the structure to create an architecturally balanced
gppearance. In addition, attached/townhome dwelling structures shall
comply with the following requirements:
a. A minimum of twenty five percent (25 %) of the combined area of all_ Deleted: a.
building facades of a structure shall have an exterior finish of brick,
stucco and/or natural or artificial stone.
b. Except for brick, stucco, and /or natural or artificial stone, no single Deletes: n.
building facade shall have more than seventy five percent (75 %) of
one type of exterior finish.
c. Xxcept for brick, stucco, and/or natural or artificial stone, no Deleted: c.
townhome dwelling structure shall have more than sixty percent (60 %)
of all building facades of one type of exterior finish.
d. Eor the purpose of this section and material calculations: Deleted:
Deleted: d.
i. The area of the building facade shall not include area devoted to Deleted: i.
windows, entrance doors, garage doors, or roof areas.
ii. Variations in texture or style (i.e_, lap siding versus shake shingle_ Deleted: z. _
siding) shall be considered as different materials meeting the
requirements of this section.
iii. jntegral colored split face (rock face) concrete block or plain Deleted: s.
concrete block shall not qualify for meeting the brick, stucco
and/or natural or artificial stone material requirements.
4. Color. Each attached/townhome building shall feature a broad arrav of
colors, including earth tones, muted natural colors found in surrounding
landscape or other colors consistent with the adjacent neighborhood.
Buildings in proximity to each other shall not look alike in terms of color
of siding, accent and roofing materials. The home or townhome building
under consideration will be compared to two homes or townhome
buildings on each side of it and to the three homes or town home buildings
directly facing it.
5. Facades and walls: Each attached/townhome dwelling unit shall be
articulated with projections, recesses, covered doorways, balconies,
Title X: 104f 6
Deleted:
Deleted: 4.
Deleted:
Deleted: 5.
Deleted: 0
covered box or bay windows or other similar features, dividing large
facades and walls into human scaled proportions similar to adjacent
single - family dwellings.
6. Roofs. Each attached/townhome building shall feature a combination of
primary and secondary roofs. Primary roofs shall be articulated by at least
one of the following elements:
a. Changes in place and elevation
b. pormers or gables
c. Transitions to secondary roofs over entrances, garages, porches, baX
windows.
7. Garages:
a. Aach dwelling unit shall include an attached ag rage
b. Garages shall comply with the following minimum size standards:
i. Eor dwellings with basements: Four hundred forty (44Q) square
feet.
Deleted:
Deleted: 6.
Deleted: a.
Deleted: b. .
Deleted: L
Deleted:) square
ii. Eor dwellings without basements: Five hundred forty (540) sauare Deleted: z.
feet.
iii. Garages shall be a minimum of twenty feet (20') in width. Deleted: s.
Deleted: 0
Title X: 1044-7
Title X: 104% 1
Deleted: 0
1040. 065 RMF -2 Mixed Residential District.
Subd.1 Purpose. The purpose of the RMF -2, Mixed Residential District is intended to
provide areas offering a variety of housing tunes, including single - family small
lot detached and attached dwelling_ s and multi - family structures to retain the
environment and character of less intensive styles of higher densi , multiple -
family residence areas by establishing building and lot area requirements; to
broaden the choice of residential living styles and create opportunity for more
affordable homes and homes that address the needs of an aging population in a
more compact development pattern that makes the most efficient use of the
City's land supply and investment in public utilities. Areas zoned RMF -2 are
guided Mixed Residential Density on the City's 2030 Comprehensive Plan.
Development within this district is required at a minimum density of 8.0 units
per net acre up to a maximum of 10 units per acre.
Subd. 2 Permitted uses.
A. Dwelling, single family detached
B. Dwelling, two - family;
B. Dwelling. single - familv attached - 8 units Der building maximum with
each unit having a separate entrance;
C. Dwelling, senior (age restricted)
D. Dwellings, Multiple Family
E. Recreation - public.
Subd. 3 Accessory uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Daycare Facilities, county licensed, 12 or fewer
C. Fences as regulated by section 1060 (Performance Standards) of this
chapter.
D. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
E. Keeping of Animals, subject to Chapter 81 (Animals) of the Ci . Code.
F. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and ug ests.
Deleted: 0
Title X: 104% 1
G. Signs as regulated by the City Code.
H. Structures or buildings accessory to uses allowed in this district.
Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Subd 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. Daycare facilities accessory to educational or religious facilities.
B. Educational facilities, K -12.
C. Places of Worship /Assembly
D. Residential Facility with seven to sixteen individuals
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined
in Section 1070.030 of this ordinance and the specific standards and criteria that
may be cited below for a specific use:
A. Accessory Dwelline Unit for Sinele Familv Detached Homes. subiect to the
following: or
1. Not more than one accessory dwelling unit shall be allowed on a single -
family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single- family detached home.
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the living
portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and subordinate
use, the gross floor area of which shall not exceed the gross floor area of
the principal dwelling unit or 800 square feet, whichever is less.
Deleted: 0
Title X: 104f 2
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
7. The owner of the property shall reside in the principal dwelling unit or
in the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
9. In addition to the parking spaces required for the principal dwelling unit
on the lot, 2 off - street parking spaces shall be provided for an accessory
dwelling unit. Such accessory dwelling unit parking spaces shall not
conflict with the principal dwelling unit parking spaces, and shall
comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with the
procedures outlined in Section 1070.030 of the Zoning Ordinance. Such
permits will be administratively reviewed every 3 years to ensure
compliance with conditions of approval and ordinance requirements for
accessory dwelling units. Interim uses found to be in compliance may
be extended by the Zoning Administrator for periods of up to 3 years
each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
103 0. 100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
C. Temporary structures.
D. Temporary real estate offices.
Deleted: 0
Title X: 104f 3
Subd. 7 Area Requirements
A. Lot size, setback, and height requirements. The following minimum
requirements shall be observed in an RFM -2 District
1. Minimum lot requirements._ Deleted:
Deleted: i�L
a. Lot area: Deleted:
Deleted: faL
i. Detached single- family 6,000 square feet /two- family 7,000 square Deleted: i.
feet per unit;
ii. Attached townhouse: 5,000 square feet per unit, or overall average Deleted: z_
of 5,000 square feet if common site area owned and maintained by
a homeowner's association.
iii. ,apartment /stacked condominium dwelling Deleted: s
b. Xot width: Deleted:
Deleted: bL�
i. Detached single- family: 60 feet
ii. Two family: 120 feet;
iii. Multiple- family dwelling: 100 feet.
iv. Attached townhouse: no established minimum.
2. Setbacks.
a. Principal structure.
i. Xront yard_
a) Arterials, as designated in the Comprehensive Plan: 50
feet
b) All other streets: 25 feet
c) Internal: 20 feet between attached or multi - family
principal structures separated by common area.
ii. Side yard:
a. Single- family /Two family dwelling: 10 feet
Title X: 104%4
Deleted: 3_.
Deleted: a_
Deleted:
Deleted:
Deleted:
Deleted:
Deleted: 1.
Deleted: a_
Deleted: b_
Deleted: c_
Deleted: 2_
Deleted: 0
b. Attached townhome: 10 feet
C. Multiple - family dwelling: 30 feet
iii. Side street:
a. Single- family /Two family dwelling: 20 feet;
b. Attached townhome: 20 feet.
C. Multiple - family dwelling: 30 feet.
iv. 4. Rear yard: 25 feet.
v. 5. Intemal: 20 feet between principal structures.
3. j3uildin he eight•
a. principal structures: shall be limited to a maximum height of-
i. t5ingle family detached 35 feet
ii. �kttached townhome 35 feet or 3 stories, whichever is less.
Deleted: 3_
Deleted: t�
Deleted:
Deleted: 1
Deleted: 2
iii. Apartment and Condominiums (stacked units) 35 feet or 3 Deleted: 3
stories, whichever is less.
Subd. 8. Single and Two Family Design Requirements.
A. All single and two family developments in RMF -2 shall follow the same
Design Requirements as listed in 1040.040 Subd 8.
Subd. 9. Special Minimum Requirements for Attached Dwelling Units.
A. All attached dwelling unit developments in RMF -2 shall follow the same
Design Requirements as listed in 1040,.060,,5ubd 9 (RMF -1 Design
Requirements).
Title X: 104f 5
Deleted: --
Deleted: -
Deleted: 0
Title X: 104% 1
/
1040,070 — JZMF -3 [High Density Residential) District
Subd. 1. Purpose. The IMF -3 district allows for the development of hi density_
multiple - family uses such as townhomes and apartments where municipal
sewer and water is available This district addresses the need for life cycle
housing by offering an alternative to single family detached housing with a
required minimum density of 10 units per net acre or greater. Areas zoned
RMF -3 are guided High Density Residential on the 2030 Comprehensive Plan
Subd. 2. Permitted Uses.
A. Daycare Facilities, state licensed, as defined by statute.
B. Dwelling, Senior (age- restricted)
C. Essential Services, subject to Section 1030.090 (Essential Services) of the
Zoning Ordinance.
D. Recreation, Public,
E. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State. \
F. Townhomes.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B_Daycare Facilities, county licensed, 12 or fewer individuals.
C. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
D. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
E. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
F_Play and recreational facilities, including swimming pools and tennis courts,
for use of the property owner and guests.
G. Signs as regulated by the City Code.
H. Structures or buildings accessory to uses allowed in this district.
Title X: 104f 2
Deleted• 060
Deleted: MF -1
Deleted: Multiple Family 1
Deleted: MF -1
Deleted: medium
Deleted: public utilities are present
Deleted: a density between 6.0 - 20.0
units per net acre
Deleted: < # >¶
Deleted: < #> Dwelling, Senior (age -
restricted)$
Parks, playgrounds, trails, other
recreational facilities of a non-
commercial nature and directly related
buildings and structures
Deleted: .
Deleted: ¶
Two Family Dwellings.
Deleted: 0
I_Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in compliance I
with City and State requirements. I
Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions II
outlined in Section 1070.020 of this ordinance and the specific standards and III
criteria that may be cited below for a specific use:
III
A. Daycare facilities accessory to educational or religious facilities. I III I
JII
B. Educational facilities, K -12. I I
III
J
C. Places of WorshiD /Assembly. I I
D. Residential Facility with seven to sixteen individuals.
J
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined
in Section 1070.030 of this ordinance and the specific standards and criteria that I
may be cited below for a specific use:
c
A. Conditional Home Occupation License (CHOL) as allowed by Section
103 0. 100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter
C. Temporary structures.
D. Temporary real estate offices.
Subd. 7. Area Requirements. The following minimum requirements shall be met in the
AMF -3 district. Properties may be subject tospecial requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum Base Lot Size 1 acre
Minimum Base Lot Width 150 feet
Structure Setbacks:
Title X: 104f 3 I/
Deleted: < #> Dwelling, Elderly.¶
Deleted: < # >Multiple Family
Dwellings¶
Deleted: Places of Worship
Deleted: < # >Single Family Detached
Homes.¶
Deleted: < # >Accessory Dwelling Unit,
subject to the following:¶
< # >Not more than one accessory
dwelling unit shall be allowed on a
single - family detached lot.¶
< # >An accessory dwelling unit shall be
located in an existing single family home
or above an attached or detached garage
that is accessory to a single- family
detached home.¶
< # >An attached or detached accessory
dwelling unit shall comply with the same
minimum building setback requirements
as required for the living portion of the
principal dwelling unit.¶
< # >An accessory dwelling unit shall be a
clearly incidental and subordinate use, the
gross floor area of which shall not exceed
the gross floor area of the principal
dwelling unit or 800 square feet,
whichever is less.¶
T
< # >Unless otherwise specified in this
Subdivision, a detached accessory
dwelling unit shall be subject to the same
regulations as provided for under Section
1030 of this Chapter.¶
< # >The exterior design of an accessory
dwelling unit shall incorporate a similar
architectural style, roof pitch, colors, and
materials as the principal building on the
Intl
T
< # >The owner of the property shall
reside in the principal dwelling unit or in
the accessory dwelling unit.¶
< # >There shall be no separate ownership
of the accessory dwelling unit.¶
T
< # >In addition to the parking spaces
required for the principal dwelling unit on
the lot, 2 off - street parking spaces shall
be provided for an accessory dwelling
unit. Such accessory dwelling unit
parking spaces shall not conflict with the
principal dwelling unit parking spaces,
and shall comply with the requirements
of this Chapter.¶
T
< # >An accessory dwelling unit shall have
a separate address from the principal
dwelling unit on the lot, and shall f-
Deleted: MF -1
Deleted: 0
From Arterial Streets
0 feet
Front, From all other streets
50 feet
Side
25 feet
Rear
25 feet
Maximum Building Height
35 feet or three stories
Subd. 8 Special Minimum Requirements for Multi - Family Residential Developments.
Deleted: 100 feet
A. ,Unit Size: Floor Area: Five hundred (500) square foot minimum floor area for Deleted: a.
efficiency apartment units. Minimum eight hundred (800) square feet for a
one - bedroom unit plus one hundred (100) square feet for each additional
bedroom. Seven hundred (700) square foot minimum floor area for one -
bedroom apartment dwelling units in retirement housing g evelopments, plus
one hundred (100) square feet for each additional bedroom. Garages,
breezeways and porch floor spaces shall not be credited in determining the
Deleted: Kendra- my notes reflect
required floor area of units
— questions as to minimum unit size -why ?.
Deleted:
B. harking: The design and maintenance of off street narking areas and the Deleted: B.
required number of parking spaces shall be in accordance with Section
J060.060 of this title. Private driveways for garages in townhouse_ Deleted: 1060.060 of
developments shall be a minimum of twen , feet (20') in length to allow
vehicle parking on the driveway,
C. ,Trash Handling and Recycling: All trash, recyclable materials, and trash and Deleted: C.
recyclable materials handling equipment shall be stored within the principal
structure, totally screened from public view by the principal building, or
stored within an accessory structure constructed of building materials
compatible with the principal structure, enclosed by a roof, and readily served
through swinging doors.
D. On Site Screening: All mechanical equipment, utility meters, storage and Deleted: D.
service areas and similar features shall be completely screened from the eye
level view from adjacent properties and public streets, or designed to be
compatible with the architectural treatment of the principal structure.
E. j3uilding Design and Materials - Multi - family (stacked): All buildings shall be Deleted: F.
designed to accomplish the goals and policies of the comprehensive plan.
Building materials shall be attractive in appearance, durable, and of a quality
which is both compatible with adjacent structures and consistent with the
city's standards for the district in which it is located. All buildings shall be of
good aesthetic and architectural quality, as demonstrated by the inclusion of
elements such as accent materials, entrance and window treatments,
contrasting colors, irregular building shapes and rooflines, or other
architectural features in the overall architectural concept. Deleted: o
Title X: 1048 4
1. Major exterior surfaces on all walls facing a public street, park or open Deleted:
mace shall include a minimum of fifty percent (50 %) of the combined Deleted: 1.
area of all building facades of a structure shall contain following permitted
major exterior materials: face brick (glazed or unglazed), clay faced tile,
stone masonry (granite, limestone, marble, slate, sandstone, or quartzite).
2. Accent materials may included: finished texture stucco (cement or Deleted: z.
synthetic), exterior finished wood siding (painted, stained, or weather
sealed), exterior finished metal siding (not including sheet metal of any
kind), exterior finished vinyl siding or fiber cement siding in lap or panel
design (color impregnated or painted). Panel seam lines shall be
architecturally integrated into the building design so that they are not
visible. Seam lines can either be filled, covered with accent material or
some other method to make seam lines invisible. Accenting materials and
design shall be included on all facades.
3. All building and roofing materials shall meet current accepted industry Deleted: s.
standards, and tolerances, and shall be subject to review and approval by
the city for quality, durability, and aesthetic appeal. The applicant shall
submit to the city product samples, color building elevations, and
associated drawings which illustrate the construction techniques to be used
in the installation of such materials.
4. jf complementary building styles, materials, and color schemes are
proposed for a development, the developer shall submit to the city a plan
showing the distribution of the styles, materials, and colors throughout the
development.
5. All townhome designs shall comply with the standards in Section 1040 -
Subd 9 (RMF -1 Design Requirements).
F. harking Lot Screening:
1. The light from automobile headlights and other sources shall be.creened
whenever it may be directed onto residential windows.
2. When required parking areas abut any residential district, the edge nearest
the lot line shall be completely screened to a height of at least three and
one -half feet (3112') above the parking grade. Such screening shall either be
constructed of durable building materials designed in harmony with the
principal structure or accomplished through use of earth mounds and/or
landscape materials as approved.
3. When the design of the site is such that parking occurs in the front . ay rd, a
minimum of ten feet (10') landscaped area shall be provided between
parking and building, in addition to the required setbacks.
G. Recreational Facilities: On site recreational facilities, such as swimming
Title X: 104f 5 . //
Deleted: 4.
Deleted:
Deleted: 5.
Deleted: G.
Deleted:
Deleted: 1.
Deleted:
Deleted: 2.
Deleted: 3.
Deleted: x.
Deleted: 0
pools, tennis courts, play equipment, walking trails, ails, gardens, and basketball
courts, that are suitable for the projected population of the development shall
be provided when the nearest public park is more than one -half (I /, ) mile or
across a thoroughfare or arterial roadway from the development.
H. Common Areas. The following minimum requirements shall be observed in Deleted: I.
the RMF -3 district governing common areas:
1. Ownership: All common areas within an RMF -3 development not Deletes: I.
dedicated to the public including, but not limited to, open space,
driveways, private drives, parkin areas, reas, play areas, etc., shall be owned in
one of the following manners:
a. Condominium ownership pursuant to Minnesota statutes 515A.1 -106. Deleted: a.
b. �Twinhome, townhome subdivision common areas shall be owned by Deleted: b.
thepwners of each unit lot, with each owner of a unit having an equal Deleted:
andundivided interest in the common area. Deleted:
2. jlomeowners' Association: A homeowners' association shall be established Deleted: z.
for all townhome developments within the RM district, subject to review
and Mproval of the city attorney, and shall be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and nd regular maintenance of
private driveways and other areas owned in common when there is more
than one individual property owner having interest within the
development.
(Ord. 211, passed 12- 21 -04, Ord. 225, passed 11- 22 -05)
Deleted: 0
Title X: 1046 6
1040,080 — MP (Manufactured Home Park) Deleted: 070
Subd. 1. Purpose. The MP District provides for manufactured home parks including
manufactured single family housing units, offices for administration of the
park, recreational buildings and structures, storm shelters, and other directly
related complementary uses are allowed in accordance with the performance
standards outlined in this section.
Subd. 2. Permitted Uses.
A. Manufactured homes.
B_Parks, playgrounds, trails, other recreational facilities of a non - commercial
nature and directly related buildings and structures.
C. Recreation, Public
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B_Daycare Facilities, county licensed, 12 or fewer individuals.
C. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
D_Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
E. Private recreational facilities.
F. Signs as regulated by this chapter.
G. Structures or buildings accessory to uses allowed in this district.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions
outlined in Section 1070.020 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. None.
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined
in Section 1070.030 of this ordinance and the specific standards and criteria that
may be cited below for a specific use:
A. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
Deleted: 0
Title X: 104%7
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
Subd. 7. Area Requirements. The following minimum requirements shall be met in the
MP district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum Park Area
30 acres
Minimum Park Width
600 feet
Minimum Individual Lot Size
7,200 square feet
Minimum Lot Width
65 feet
Minimum Lot Depth
110 feet
Maximum Density
4 units er acre
Minimum/Maximum Number of Lots
100/300
Setbacks:
Front
25 feet
Side
10 feet
Rear
10 feet
Setback from Perimeter of Park
25 feet
Maximum Building Height
25 feet or one story, whichever is less
Maximum Building Coverage
25 percent
Subd. 8. Performance Standards.
A. A central community building shall be provided and shall include the
following features:
1. Laundry facilities with washers and dryers.
2. Public toilets and lavatories.
3. Heating and cooling equipment must be maintained in good operating
order.
4. The building shall be maintained in a safe, sanitary and clean condition.
B. Tornado shelter facilities must be provided and adequately sized to safely
accommodate all occupants.
C. At least 10 percent of the total manufactured home park shall be dedicated
as private recreational space. Such space shall be provided and maintained
at the owner's expense.
Title X: 104f 8
Deleted: 0
D. Sidewalks must be provided on both sides of all streets.
E.—Upgrading. Prior to locating a manufactured home housing unit constructed
prior to July 1, 1972, on a lot within a manufactured home park within the
City, said unit shall be upgraded to current life safety codes and subject to
the approval of the Building Official.
F. Maintenance. All land within the park shall be adequately drained,
landscaped to control dust and kept free from refuse, garbage, rubbish or
debris.
G. Outdoor Camping. There shall not be outdoor camping anywhere in a
manufactured home park.
H. Public Access. Public access to manufactured housing parks shall be as
approved by the City.
I.Foundation Enclosure. The area beneath a manufactured home shall be
enclosed except that such enclosure must have access for inspection.
J_Building Permit.
1. All structures (fences, storage, decks, etc.) shall require a building
permit from the Building Official. Fences shall be prohibited on
individual manufactured home lots.
2. Prior to a manufactured home being moved into a lot, the owner
shall apply for and obtain a building permit for the (foundation)
blocking to State Code and a permit for connection to public sewer and
water. The application for permits shall be accompanied by a site plan,
drawn to scale, detailing the unit placement, accessory structures and
setbacks.
K_Building Requirements.
1. Each manufactured home site must be provided with anchors and tie
downs, such as cast in place concrete foundations, screw augers,
arrowhead anchors or other devices to provide stability for the home.
2. Anchors and tie downs shall be placed at each corner of the home and
each anchor shall be able to sustain a minimum tensile force of 2,800
pounds.
3. Building Type and Construction. Any building addition shall either be
manufactured or custom built of materials that are consistent or
Deleted: 0
Title X: 1041%-9
compatible to the design of the principal building. "Compatible" means
that the exterior appearance of an accessory building is not at variance
with the principal building from an aesthetic and architectural
standpoint to cause:
a_A difference to a degree to cause incongruity with the principal
building.
b_A deviation from the general character of the neighborhood.
c_A depreciation of neighborhood values or adjacent property values.
d_A nuisance. Types of nuisance characteristics include, but are not
limited to noise, dust, odors, glare and unsightly building exterior.
L_Parking.
1. Each manufactured home site shall have off - street parking spaces for
two passenger vehicles.
2. Parking must be located at least 15 feet from any home.
3-All parking spaces shall be hard surfaced according to specifications
established by the City.
M. Utilities.
1. Homes must be served by both central or individual water and on -site
sanitary sewer system approved by the State.
2. If municipal sewer and water is available, the Manufactured home Park
may connect to the municipal system. The owner shall pay any required
sewer and water connection fees to the City.
3. The City must approve surface water and storm water management
plans.
4. The City must approve all utility systems and connections.
5. The source of fuel for cooking, heating or other purposes at each
manufactured home site shall be as approved by the City.
6. All utilities shall be underground; there shall be no overhead wires or
supporting poles except those essential for street or other lighting
purposes.
Deleted: 0
Title X: 104% 10
7. No obstruction shall be permitted that impedes the inspection of
plumbing, electrical facilities, and related manufactured home
equipment.
8. The City must approve the method of garbage, waste, and trash
disposal.
9. The owner shall pay inspection and testing fees for utility service to the
City.
N. Internal Roads and Streets
1. Roads shall be hard surfaced as approved by the City.
2. All streets shall be private streets and shall be developed with a roadbed
of not less than 60 feet in width and shall meet City design
specifications.
3. Curb and gutter shall be provided on all streets to direct drainage away
from homes.
4. The park shall have a street lighting plan approved by the City.
0. Landscaping. A landscape screen meeting the requirements of Section
1060.060 of this chapter shall be installed and maintained around the entire
perimeter of each manufactured home park.
L.--Lighting. Lights must be maintained in all community buildings during all
hours of darkness. The manufactured home park grounds shall be lighted as
approved by the City from sunset to sunrise.
Q.Storage.
1_ Enclosed storage lockers containing a minimum of 40 square feet shall
be located adjacent to each home.
2. Each Manufactured home Park shall have a minimum of 5,000 square
feet of dead storage for each 50 home sites. Such areas shall be
conveniently located and equipped with security fencing.
3. No more than two vehicles may be stored on site for a period of more
than 48 hours. No vehicles without a current license shall be allowed
within the park.
4. All boats, trailers, snowmobiles, recreational vehicles and other
equipment not stored within the manufactured home, storage locker or
Deleted: 0
Title X: 104f 11
dead storage area and shall not be stored on the site or on streets within
the Manufactured Home Park.
R. Fire Protection.
1_Cooking shelters, barbeque pits, fireplaces, wood - burning stoves and
incinerators shall be located, constructed, maintained and used to
minimize fire hazards and smoke. No open fire shall be left unattended.
No fuel shall be used and no material burned which emits dense smoke
or objectionable odors.
2. Manufactured home parks shall be kept free of litter, rubbish and other
flammable materials.
3. Portable fire extinguishers rated for Class A, B and C fires shall be kept
visible in community buildings and public spaces. The extinguishers
shall be readily accessible for use by all occupants and shall be
maintained in good operating condition. Capacity shall be not less than
2.5 gallons or 5 pounds of carbon dioxide for Class A and 10 pounds of
dry powder for Class B and C extinguishers.
4. Design and placement of fire hydrants throughout the Park shall be as
approved by the Fire Chief to ensure adequate fire protection.
S. Registration. It shall be the duty of the operator of the Park to maintain a
current record of all manufactured homeowners and occupants located
within the park. The register shall be available for inspection at all times by
authorized City, County or State officials whose duty requires acquisition of
the information contained in the register. The records must be maintained
at least 3 years after the date of departure of a registrant from the park. The
register shall contain the following information:
1. The name and address of each manufactured home occupant.
2. The name and address of the owner of each manufactured home.
3. The make, model, year and license number of each manufactured home.
4. The state, territory or county issuing such license.
5. The date of arrival and departure of each manufactured home.
6. The number and type of motor vehicles of residents in the park.
T. Maintenance. The operator of any manufactured home park, or a duly
authorized attendance and/or caretaker shall be responsible at all times for
Deleted: 0
Title X: 104 12
keeping the manufactured home park, its facilities and equipment, in a
clean, orderly, operable, and sanitary condition. The attendant or caretaker
shall be answerable, along with said operator, for the violation of any
provisions of these regulations to which said operator is subject.
(Ord. 211, passed 12- 21 -04)
Title X: 104A- 13
Deleted: 0
1040,090 — CR (Rural Commercial) Deleted: 080
Subd. 1. Purpose. This district is the existing Burschville area located at the intersection
of County Road 19 and County Road 10. The intent of this district to provide a
mix of neighborhood commercial uses and rural industrial, such as contractor's
yards and similar uses that do not require municipal water or sanitary sewer
services. Municipal sewer and water will not be provided in this area.
Subd. 2. Permitted Uses.
A. Automobile Retail (tires, batteries, etc.).
B_Day Care Facilities, state licensed, as defined by statute.
C_Day Care, Commercial.
D. Essential Services, subject to Section 1030.090 (Essential Services) of the
Zoning Ordinance.
E. Government and public utilities buildings and structures.
F. Offices, medical and professional.
G. Retail/Service uses of a similar nature.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Adult Entertainment Business, subject to Chapter 113 of the City Code.
B. Commercial Kennels, subject to Chapter 81 of the Ci , Code•
C. Commercial recreation and entertainment (not to exceed 5,000 square feet).
D. Contractors Operations.
E. Greenhouses and Nurseries, subject to the following:
Title X: 104% 14
Deleted: < # >Automobile Retail (tires,
batteries, etc.).¶
Deleted: .
Deleted: 0
1. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All structures
shall be set back at least 100 feet from any residential property line.
2. On-site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
3. Adequate off - street parking is provided on an improved surface as
required by this ordinance.
4. Adequate parking, loading and maneuvering areas shall be provided.
5. Loading areas are screened from adjacent residential uses.
6. Well and Septic Systems can be accommodated on site to serve the
proposed facility.
7. Not more than 30 percent of the site area shall be covered with buildings
or other structures.
8. Hours for retail sale of product to customers shall be limited to 9:00
a.m. — 7:00 p.m
9. Lighting shall comply with all ordinance requirements. Furthermore,
not more than 25 percent of the greenhouse space may be lit between
the hours of 7:00 p.m. and 9:00 a. If more than 25 percent of the
greenhouse spaces are to be lit at night, they shall be screened from
residential properties by use of a retractable curtain, landscaping,
buildings or other methods to prevent light pollution, including sky
glow.
10. The site complies with the minimum lot size standards for the district.
11. Sale of accessory items shall be permitted, provided they do not
generate more than 20 percent of the sales (measured by retail value or
sales volume) for the business nor cover more than 10 percent of the site
area.
12. At least 50 percent of the nursery stock to be sold on site must be grown
on site.
13. The provisions of Section 10.14(a)(5) of this ordinance are considered
and satisfactorily met.
F. Laboratories.
Title X: 104 15
Deleted: - same as C -1
Deleted: < # >Hours for retail sale of
product to customers shall be limited to
the following:¶
< # >9:00 a.m. — 7:00 p.m. Monday —
Friday¶
< # >9:00 a.m. — 6:00 p.m. Saturday¶
< # >10:00 a.m. — 5:00 p.m. Sunday¶
Deleted: at any time
Deleted: 0
G. Lumber Yards.
H. Mini Storage /Self Storage Facilities.
1. Units are to be used for dead storage only. Units are not to be used for
retailing, auto repair, human habitation, or any commercial activity,
except as allowed by this section.
2. Combining office and /or retail space with a self - service storage facility
may be allowed by Conditional Use Permit.
3. Storage of hazardous or flammable materials is prohibited.
4. No exterior storage is allowed.
5. The facility shall be secured by either the walls of the structure and/or
fencing. All doors on the units shall face inward and away from the
street and property lines.
6. An on -site manager is allowed only where adequate sanitary facilities
are provided, either through use of a septic system or through
connection to the public sanitary sewer system. Use of portable sanitary
facilities does not fulfill this requirement.
I.Motor Fuel Stations.
That the proximate area and location of space devoted to non -
automotive merchandise sales shall be specified in the application and
in the conditional use permit. Exterior sales or storage shall be only as
allowed by the conditional use permit.
2. The off - street loading space(s) and building access for delivery of goods
shall be separate from customer parking and entrances and shall not
cause conflicts with customer vehicles and pedestrian movements.
Motor fuel facilities shall be installed in accordance with State and City
standards. Additionally, adequate space shall be provided to access gas
pumps and to allow maneuverability around the pumps. Underground
fuel storage tanks are to be positioned to allow adequate access by
motor fuel transports and unloading operations which do not conflict
with circulation, access and other activities on the site. Fuel pumps shall
be installed on pump islands.
4. All buildings, canopies, and pump islands shall be located to comply
with the minimum setback requirements of the zoning district in which
they are located.
Deleted: 0
Title X: 104% 16
5. All canopy lighting for motor fuel station pump islands shall be recessed
or shielded to provide a 90- degree cutoff. Illumination levels for pump
islands shall not exceed 30 -foot candles.
6. Litter Control. The operation shall be responsible for litter control
within 300 feet of the premises and litter control is to occur on a daily
basis. Trash receptacles must be provided at a convenient location on
site to facilitate litter control.
J. Motor Vehicle, Boat or Equipment Repair.
1. All servicing of vehicles and equipment shall occur entirely within the
principal structure.
2. To the extent required by State law and regulations, painting shall be
conducted in an approved paint booth, which thoroughly controls the
emission of fumes, dust, or other particulated matter.
3. Storage and use of all flammable materials, including liquid and rags,
shall conform with applicable provisions of the Minnesota Uniform Fire
Code.
4. Parking, driveway, and circulation standards and requirements shall be
subject to the review and approval of the City and shall be based upon
the specific needs of the operation and shall accommodate large vehicle
equipment and semi - trailer /tractor trucks.
5. The storage of damaged vehicles and vehicle parts and accessory
equipment must be completely inside a principal or accessory building.
6. The sale of products other than those specifically mentioned in this
Section shall be subject to a separate conditional use permit
K. Motor Vehicle, Boats and Equipment Sales.
1. All sales shall occur on one lot.
2. Parking areas for the outside storage and sale of vehicles, boats and
trailers, shall be on impervious surface, either bituminous, concrete, or
approved equivalent.
3. Interior concrete or asphalt curbs shall be constructed within the
property to separate driving and parking areas from landscaped areas.
Interior curbs shall be a nominal 6- inches in height or greater.
Deleted: 0
Title X: 104 17
Subd. 5.
4. All areas of the property not devoted to buildings or parking areas shall
be landscaped in accordance with this ordinance.
5. Off - street parking shall be provided for customers and employees in
accordance with this ordinance.
6. Parking for,sales display shall not be less than 9 feet wider 18.5 feet
in length.
7. Display of motor vehicles, boats, and trailers for sale off the property of
their owner is prohibited unless authorized by Conditional Use Permit.
L_Open or outdoor services, sales and equipment rental.
M. ,Places of Worship /Assembly.
N. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
0. Veterinary clinics, animal hospitals, and the like.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
A. Accessory Dwelling Unit, subject to the following:
1. Not more than one accessory dwelling unit shall be allowed on a lot.
2. An accessory dwelling unit shall comply with the same minimum
building setback requirements as required for the principal structure and
shall be attached to the principal structure.
3. An accessory dwelling unit shall be a clearly incidental and subordinate
use, the gross floor area of which shall not exceed the gross floor area of
the principal use or 800 square feet, whichever is less.
4. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot,
5. The owner of the property or the property caretaker shall reside in the
principal dwelling unit or in the accessory dwelling unit.
6. There shall be no separate ownership of the accessory dwelling unit.
Title X: 104% 18
Deleted: Each space used as p
Deleted: a "for sale" motor vehicle,
boat, or trailer
Deleted: Places of Worship
Deleted: 0
Subd. 6.
7. Rental of the accessory dwelling unit separate from the principal use is
prohibited.
8. In addition to the parking spaces required for the principal use on the
lot, 2 off - street parking spaces shall be provided for an accessory
dwelling unit. Such accessory dwelling unit parking spaces shall not
conflict with the principal use parking spaces, and shall comply with the
requirements of this Chapter.
9. An accessory dwelling unit shall have a separate address from the
principal use on the lot, and shall be identified with address numbers.
10.,The interim use permit shall expire if theRrin6pal use of the p pert Deleted: < # >No more than 2 persons,
changes or the ownership of either the property or the principal use neither of age, sh sh whom may be under years occupy the accessory
changes. dwelling unit. I
11. The interim use permit shall be issued for 3 years in accordance with the
procedures outlined in Section 1070.030 of the Zoning Ordinance. Such
permits will be administratively reviewed every 3 years to ensure
compliance with conditions of approval and ordinance requirements for
accessory dwelling units. Interim uses found to be in compliance may
be extended by the Zoning Administrator for periods of up to 3 years
each.
B. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Uses by Administrative Permit.
A. Accessory buildings and structures for a use accessory to the principal
commercial or business use provided such structure does not exceed 30
percent of the gross floor space of the principal use.
B. Essential Services, as allowed by Section 1030.090.
C. Seasonal Outdoor Retail Sales.
1. Seasonal outdoor retail sales shall not exceed a combined total of 120
days in any 12 -month period. Outdoor retail sales shall not occupy an
area exceeding 10 percent of a lot's area, and shall meet all yard setback
requirements.
2. Where seasonal outdoor retail sales are conducted in a parking lot, they
shall be confined to a defined area, and not be allowed to obstruct
access of emergency vehicles or pose a traffic safety problem.
Title X: 104% 19
Deleted: 0
Temporary fencing or other suitable mechanisms shall be used to
delineate the sales area and provide for pedestrian safety.
3. Where tents, temporary green houses, or similar structures are used
to store, and/or display merchandise, they shall be anchored to provide a
wind -load resistance of 40 miles per hour.
D. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
E. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Subd. 7. Area Requirements. The following minimum requirements shall be met in the
CR district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
2.5 acres
Minimum contiguous developable area
2 acres
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
0 feet
Front, From all other streets
50 feet
Side
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Building Height
35 feet
Maximum Impervious Surface Coverage
50%
(Ord. 200, passed 07- 22 -04, Ord. 225, 11- 22 -05, Ord. 231, passed 02- 09 -06)
Title X: 10420
Deleted: 100 feet
Deleted: 0
This page left intentionally blank.
Deleted: 0
Title X: 10421
1040,095 — TCR (Transitional Rural Commercial) Deleted: 085
Subd. 1. Purpose. The Transitional Rural Commercial District (TCR) represents transition
areas that have been identified as practical and generally suitable for future
development as part of the Rural Commercial District. The purpose of the TCR
District is to provide a holding zone until a landowner makes application for
development, at which time the City may rezone the affected property to CR,
consistent with the land use plan. Residential land uses will be allowed to continue
pending future redevelopment consistent with the City's Comprehensive Plan.
Subd. 2. Permitted Uses.
A. Daycare Facilities, state licensed, as defined by statute.
B. Essential Services, subject to Section 1030.090 (Essential Services) of the
Zoning Ordinance.
C. Seasonal Produce Stands.
D. Residential facilities in a single family detached dwelling, serving 6 or fewer
individuals and licensed by the State.
E. Single Family Detached Homes.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Any incidental machinery, structures or buildings necessary for agriculture or
other permitted uses.
C. Daycare Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F.—Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis courts,
for use of the property owner and guests.
HSigns as regulated by the City Code.
Subd. 4. Conditional Uses: The following are conditional uses, subject to the conditions
Deleted: 0
Title X: 10422
outlined in Section 1070.020 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Towers and Antennas as regulated by Chapter 111
(Telecommunications Services) of the City Code.
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in
Section 1070.030 of this ordinance and the specific standards and criteria that may
be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following:
1. Not more than one accessory dwelling unit shall be allowed on a lot.
2. An accessory dwelling unit shall comply with the same minimum building
setback requirements as required for the principal structure and shall be
attached to the principal structure.
3. An accessory dwelling unit shall be a clearly incidental and subordinate use,
the gross floor area of which shall not exceed the gross floor area of the
principal use or 800 square feet, whichever is less.
4. The exterior design of an accessory dwelling unit shall incorporate a similar
architectural style, roof pitch, colors, and materials as the principal building
on the lot,
5. The owner of the property or the property caretaker shall reside in the
principal dwelling unit or in the accessory dwelling unit.
6. There shall be no separate ownership of the accessory dwelling unit.
7. Rental of the accessory dwelling unit separate from the principal use is
prohibited.
8. In addition to the parking spaces required for the principal use on the lot, 2
off - street parking spaces shall be provided for an accessory dwelling unit.
Such accessory dwelling unit parking spaces shall not conflict with the
principal use parking spaces, and shall comply with the requirements of this
Chapter.
9. An accessory dwelling unit shall have a separate address from the principal
use on the lot, and shall be identified with address numbers.
10.,The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use changes.
Title X: 10423 . //
Deleted: < # >No more than 2 persons,
neither of whom may be under 18 years
of age, shall occupy the accessory
dwelling unit. I
Deleted: 0
11. The interim use permit shall be issued for 3 years in accordance with the
procedures outlined in Section 1070.030 of the Zoning Ordinance. Such
permits will be administratively reviewed every 3 years to ensure
compliance with conditions of approval and ordinance requirements for
accessory dwelling units. Interim uses found to be in compliance may be
extended by the Zoning Administrator for periods of up to 3 years each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
103 0. 100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
Subd. 7.Area Requirements: The following minimum requirements shall be met in the TCR
district. Properties may be subject to special requirements for overlay districts as
noted in Section 1050 (Overlay Districts):
Minimum lot area
2.5 acres
Minimum contiguous developable area
1.5 acres
Minimum lot width
200 feet
Minimum lot depth
300 feet
Structure Setbacks:
From Arterial Streets
0-feet
Front, From all other streets
50 feet
Side
25 feet
Rear
25 feet
Maximum Building Height
35 feet
(Ord. 208, passed 10- 28 -04, Ord. 225, passed 11- 22 -05, Ord. 231, passed 02- 09 -06)
Title X: 10424 . //
Deleted: 100 feet
Deleted: 60
Deleted: 0
This page left intentionally blank.
Deleted: 0
Title X: 10425
1040100 — C -1 (Neighborhood Commercial) Deleted: 090
Subd. 1. Purpose. The purpose of the Neighborhood Commercial (C -1) District is to
allow single and multi -use commercial buildings containing convenience retail
and service commercial uses at major intersections on small neighborhood scale
sites where public sewer is available and sites are designated in the X030
Comprehensive Plan. The district is intended to accommodate the basic needs
of neighborhoods that would not otherwise have convenient access to retail
areas in the City. Due to the proximity to residential neighborhoods new
buildings shall appear to have similar scale and design elements as the
neighboring buildings. Businesses rec�uiring exterior storage fo rocessin&
retail sales or wholesale activities are not permitted in this district. New
development within this district will be allowed only when a full range of
municipal services and facilities are available to serve the area.
Subd. 2. Permitted Uses.
A_Bakery, retail
B_Banks, savings and loans, credit unions and other financial institutions.
C. Barbers, Beauty Shops and similar personal service uses. /
D. _Copy /print shop J
E. Day Care Facilities, state licensed, as defined by statute
F. Dry cleaning and laundry pick up, but not including dry cleaning �I
processing.
G. Government and public utilities buildings and structures.
H. Motel, inns and bed and breakfast establishments J
I_Offices, medical and professional.
J. Public and Private Clubs and Lodges.
K. Retail goods and service uses of a similar nature within a fully enclosed
building (without drive - through and not to exceed 50,000 square feet).
L. Restaurants and cafes (without drive- throughV
M. Taverns
Title X: 10426
Deleted: 2030 Comprehensive
Deleted: This district is intended to
provide for a variety of retail and service
uses. The purpose of the district is to
provide for the establishment of a
downtown that is a blend of cultural,
recreational, civic entertainment, retail
sales and office uses.
Deleted: < # >¶
Deleted: < # >Drug Stores, Variety
Stores, etc.¶
Deleted: $
Deleted: < #> Essential Services, subject
to Section 1030.090 (Essential Services)
of the Zoning Ordinance.¶
< # >Funeral Homes /Mortuaries.¶
< # >Government and public utilities
buildings and structures.$
< # >Groceries (not to exceed 50,000
square feet).¶
T
< # >Hardware Stores.¶
< # >Laundromats.¶
< # >Liquor— Off - sale /On- sale.¶
T
< # >Locksmith.$
T
Deleted: < # >Public buildings.¶
I
Deleted: and Pubs
Deleted: < # >Retail/Service uses of a
similar nature.¶
< # >Tailoring services, shoe repair and
similar services.¶
I
Video Rental.
Deleted: 0
District Regulations
August 24, 2009
Subd. 3. Accessory Uses.
Corcoran Zoning Ordinance
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. ay Care Facilities, county licensed, 12 or fewer individuals.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Auto retail — tire/battery stores (no body work or repair work).
B. Car Washes.
1. The site shall provide stacking space for the car wash. The amount of
stacking space shall take into account the type of car wash and the
amount of time it takes to wash a vehicle. Stacking spaces shall not
interfere with parking spaces or traffic circulation.
2. The exit from the car wash shall have a drainage system which is
subject to the approval of the City and gives special consideration to the
prevention of ice build -up during winter months.
Deleted: < # >Accessory structures as
regulated by Section 1030.020 of this
chapter.¶
Deleted: < # >Allowed Home
Occupations as regulated by Section
1030.100 (Home Occupations) of this
chapter.¶
3. Hours of operation shall be limited tobetween 7:00 a.m. and 10:00 p.m Deleted: between zoo
daily.
C. Commercial recreation and entertainment.
D. Drive - Through Business, subject to the standards outlined in Section
1060.060, Subd. 12.
E. Greenhouses and Nurseries, subject to the following:
1. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All structures
shall be set back at least 100 feet from any residential property line.
2. On -site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
3. Adequate off - street parking is provided on an improved surface as
required by this ordinance.
Title X: 104 27 �/
Deleted: < # >Dwelling, Elderly.¶
Deleted: 0
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
4. Adequate parking, loading and maneuvering areas shall be provided.
5. Loading areas are fully screened from adjacent residential uses.
6. Not more than 30 percent of the site area shall contain outdoor storage
of plants, accessory items and landscaping materials. All other sales
and product storage areas must be within an approved building or
structure._
7. Hours for retail sale of product to customers shall be limited to 9:00
a.m. — 7:00 p.mti
8. Lighting shall comply with all ordinance requirements. Furthermore,
not more than 25 percent of the greenhouse space may be lit between
the hours of 7:00 p.m. and 9:00 am If more than 25 percent of the
greenhouse spaces are to be lit at night, they shall be screened from
residential properties by use of a retractable curtain, landscaping,
buildings or other methods to prevent light pollution, including sky
glow.
9. The site complies with the minimum lot size standards for the district.
10. Sale of accessory items shall be permitted for the business as long as
they cover no more than 10 percent of the outside site area.
r
11. The provisions of Section 10.14(a) (5) of this ordinance are considered
and satisfactorily met.
F. Hospitals, nursing home and similar care facilities.
G. Health clubs and fitness centers under 5,000 square feet in size.
H. Motor Fuel Stations.
1. That the proximate area and location of space devoted to non -
automotive merchandise sales shall be specified in the application and
in the conditional use permit. Exterior sales or storage shall be only as
allowed by the conditional use permit.
2. The off - street loading space(s) and building access for delivery of goods
shall be separate from customer parking and entrances and shall not
cause conflicts with customer vehicles and pedestrian movements.
Title X: 10428
Deleted: be covered with buildings or
other structures
Deleted: the following:
Deleted: < # >9:00 a.m. — 7:00 p.m.
Monday — Friday$
< # >9:00 a.m. — 6:00 p.m. Saturday¶
< # >10:00 a.m. — 5:00 p.m. Sunday¶
Deleted: at any time
Deleted: Sale of accessory items shall
be permitted, provided they do not
generate more than 20 percent of the sales
(measured by retail value or sales
volume) for the business nor cover more
than 10 percent of the site area
Deleted: < # >At least 50 percent of the
nursery stock to be sold on site must be
grown on site.¶
Deleted: < # >Hotel/Motel.¶
Deleted: 0
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
3. Motor fuel facilities shall be installed in accordance with State and City
standards. Additionally, adequate space shall be provided to access gas
pumps and to allow maneuverability around the pumps. Underground
fuel storage tanks are to be positioned to allow adequate access by
motor fuel transports and unloading operations which do not conflict
with circulation, access and other activities on the site. Fuel pumps shall
be installed on pump islands.
4. All buildings, canopies, and pump islands shall be located to comply
with the minimum setback requirements of the zoning district in which
they are located.
5. All canopy lighting for motor fuel station pump islands shall be recessed II
or shielded to provide a 90- degree cutoff. Illumination levels for pump i II
islands shall not exceed 30 -foot candles.
6. Litter Control. The operation shall be responsible for litter control i II
within 300 feet of the remises and litter control is to occur on a daily
basis. Trash receptacles must be provided at a convenient location on
site to facilitate litter control. I
JI
IJ!laces of Worship /Assembly. J
J. Towers and Antennas (freestanding) as regulated by Section 1060.100 II
(Telecommunications Services) of the Zoning Ordinance.
K. Veterinary clinic, Animal Hospital and related indoor kennel; and pet
grooming
• �I
Subd.5. Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
A. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
essential Services, as allowed by Section 1030.090.
"easonal Outdoor Retail Sales.
Title X: 10429
Deleted: < # >Multi- Family Dwellings.¶
Deleted: Places of Worship
Deleted: < # >Veterinarian Clinics,
Animal Hospitals and the like.¶
Deleted: < # >Accessory Dwelling Unit,
subject to the following:¶
< # >Not more than one accessory
dwelling unit shall be allowed on a lot.¶
< # >An accessory dwelling unit shall
comply with the same minimum building
setback requirements as required for the
principal structure and shall be attached
to the principal structure.¶
< # >An accessory dwelling unit shall be a
clearly incidental and subordinate use, the
gross floor area of which shall not exceed
the gross floor area of the principal use or
800 square feet, whichever is less.¶
< # >The exterior design of an accessory
dwelling unit shall incorporate a similar
architectural style, roof pitch, colors, and
materials as the principal building on the
lot,¶
< # >The owner of the property or the
property caretaker shall reside in the
principal dwelling unit or in the accessory
dwelling unit.¶
< # >There shall be no separate ownership
of the accessory dwelling unit.¶
< # >Rental of the accessory dwelling unit
separate from the principal use is
prohibited.¶
< # >In addition to the parking spaces
required for the principal use on the lot, 2
off - street parking spaces shall be
provided for an accessory dwelling unit.
Such accessory dwelling unit parking
spaces shall not conflict with the
principal use parking spaces, and shall
comply with the requirements of this
Chapter.¶
< # >An accessory dwelling unit shall have
a separate address from the principal use
on the lot, and shall be identified with
address numbers.¶ .. r9l
Deleted: <# >Accessory buildings and
structures for a use accessory to the
principal commercial or business use
provided such structure does not exceed
30 percent of the gross floor space of the
principal use.¶
Deleted: < # >Special Home
Occupations as allowed by Section
1030.100 of this chapter.¶
Deleted: 0
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
1. Seasonal outdoor retail sales shall not exceed a combined total of 120
days in any 12 -month period. Outdoor retail sales shall not occupy an
area exceeding 10 percent of a lot's area, and shall meet all yard
setback requirements.
2. Where seasonal outdoor retail sales are conducted in a parking lot,
they shall be confined to a defined area, and not be allowed to obstruct
access of emergency vehicles or pose a traffic safety problem.
Temporary fencing or other suitable mechanisms shall be used to
delineate the sales area and provide for pedestrian safety.
3. Where tents, temporary green houses, or similar structures are used to
store, and/or display merchandise, they shall be anchored to provide a
wind -load resistance of 40 miles per hour.
C. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Title X: 10430
Deleted: 0
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
Subd. 7. Area Requirements. The following minimum requirements shall be met in the
C -1 district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum lot area:
Single-tenant building
25,000 s uare feet
Multi- tenant building
1 acre
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
5A feet
Front, From all other streets
25 feet
Side
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Building Height
35 feet
Maximum Building Size
50,000 s uare feet
Maximum Impervious Surface Coverage
8
(Ord. 200, passed 07- 22 -04, Ord. 225, passed 11- 22 -05)
Title X: 104 31
Deleted: 1 acre
Deleted: 100
Deleted: 90
Deleted: 0
District Regulations
August 24, 2009
Far
This page left intentionally blank.
Title X: 10432
Corcoran Zoning Ordinance
Deleted: 0
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
1040) 10 – C -2 (Community Commercial) Deleted: loo
Subd. 1. Purpose. This district is intended to provide for a variety of retail and service
businesses serving the region, which are oriented towards motorists and require
high volumes of traffic and visibility from major roads. The service area for
this area will extend beyond the boundaries of Corcoran. New development
within this district will be allowed only when a full range of municipal services
and facilities are available to serve the area.
Subd. 2. Permitted Uses.
A. Bakery, retail.
B. Banks, savings and loans, credit unions and other financial institutions.
C. Barbers, Beauty Shops and similar personal service uses.
D. Day Care Facilities, state licensed, as defined by statute.
E. Department Stores.
F. Drug Stores, Variety Stores, etc.
G. Dry Cleaning and laundry pick up, but not including dry cleaning
processing.
H. Funeral Homes /Mortuaries.
LGovernment and public utilities buildings and structures.
I Grocery Stores (not to exceed 50,000 square feet).
K. Hardware Stores.
L. Hobby and Craft Stores.
M. Home Furniture and Home Furnishing Stores.
N. Household Appliance Stores.
O. Laundromats.
P. Liquor — Off - sale /On -sale.
Q,Offices, medical and professional.
Title X: 10433
—f Deleted: <# ,Locksmith.¶
T
Deleted: 0
District Regulations
August 24, 2009
R. Public and Private Clubs and Lodges.
S. Retail /Service uses of a similar nature.
T. Restaurants (without drive- through) and Pubs.
U. Retail ,goods and service uses of a similar nature
V. Sporting Goods and similar retail sales.
W. Tailoring services, shoe repair and similar services.
X. Taverns
Corcoran Zoning Ordinance
Deleted: < # >Video rental.¶
Subd. 3. Accessory Uses.
B. Accessory uses incidental and customary to uses allowed in this Section.
C_Day Care Facilities, county licensed, 12 or fewer individuals.
D. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Assisted Living Facilities.
B. Auto retail — tire/battery stores.
C. Car Wash.
1. The site shall provide stacking space for the car wash. The amount of
stacking space shall take into account the type of car wash and the
amount of time it takes to wash a vehicle. Stacking spaces shall not
interfere with parking spaces or traffic circulation.
2. The exit from the car wash shall have a drainage system which is
subject to the approval of the City and gives special consideration to the
prevention of ice build -up during winter months.
D. Commercial recreation and entertainment.
Deleted: 0
Title X: 10434
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
E. Drive - through businesses, subject to the standards outlined in Section
1060.060, Subd. 12.
F. Greenhouses and Nurseries, subject to the following:
1. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All structures
shall be set back at least 100 feet from any residential property line.
2. On -site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
3-Adequate off - street parking is provided on an improved surface as
required by this ordinance.
4_Adequate parking, loading and maneuvering areas shall be provided.
5. Loading areas are screened from adjacent residential uses.
6. Not more than 30 percent of the site area shall be covered with buildings
or other structures.
7. Hours for retail sale of product to customers shall be limited Ja �7QQ Deleted: to
a.m. to 9:00 p.m� Deleted: the following:
Deleted: < # >9:00 a.m. — 7:00 p.m.
8. Lighting shall comply with all ordinance requirements. Furthermore, Monday — Friday$
< # >9:00 a.m. — 6:00 p.m. Saturday¶
not more than 25 percent of the greenhouse space may be lit at any time. < # >10:00 a.m. - 5:00 p.m. Sunday¶
If more than 25 percent of the greenhouse spaces are to be lit at night,
they shall be screened from residential properties by use of a retractable
curtain, landscaping, buildings or other methods to prevent light
pollution, including sky glow.
9. The site complies with the minimum lot size standards for the district.
10. Sale of accessory items shall be permitted, provided they do not
generate more than 20 percent of the sales (measured by retail value or
sales volume) for the business nor cover more than 10 percent of the site
area.
11. At least 50 percent of the nursery stock to be sold on site must be grown
on site.
12. The provisions of Section 10.14(a)(5) of this ordinance are considered
and satisfactorily met.
Title X: 10435
Deleted: 0
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
G. Hospitals, nursing home and similar care facilities.
H. Hotel /Motel.
I. Motor Fuel Stations.
That the proximate area and location of space devoted to non-
automotive merchandise sales shall be specified in the application and
in the conditional use permit. Exterior sales or storage shall be only as
allowed by the conditional use permit.
2. The off - street loading space(s) and building access for delivery of goods
shall be separate from customer parking and entrances and shall not
cause conflicts with customer vehicles and pedestrian movements.
3. Motor fuel facilities shall be installed in accordance with State and City
standards. Additionally, adequate space shall be provided to access gas
pumps and to allow maneuverability around the pumps. Underground
fuel storage tanks are to be positioned to allow adequate access by
motor fuel transports and unloading operations which do not conflict
with circulation, access and other activities on the site. Fuel pumps shall
be installed on pump islands.
4. All buildings, canopies, and pump islands shall be located to comply
with the minimum setback requirements of the zoning district in which
they are located.
5. All canopy lighting for motor fuel station pump islands shall be recessed
or shielded to provide a 90- degree cutoff. Illumination levels for pump
islands shall not exceed 30 -foot candles.
6. Litter Control. The operation shall be responsible for litter control
within 300 feet of the premises and litter control is to occur on a daily
basis. Trash receptacles must be provided at a convenient location on
site to facilitate litter control.
J. Multi- Family Dwellings.
K. ,Places of Worship /Assembly..
L. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
Deleted: Places of Worship
M. Veterinarian Clinics, Animal Hospitals and related indoor kennel; and pet Deleted: the like
ro
.ing•
Title X: 10436
Deleted: 0
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
Subd.5. Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
• J
A. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
C. Seasonal Outdoor Retail Sales.
1. Seasonal outdoor retail sales shall not exceed a combined total of 120
days in any 12 -month period. Outdoor retail sales shall not occupy an
area exceeding 10 percent of a lot's area, and shall meet all yard setback
requirements.
2. Where seasonal outdoor retail sales are conducted in a parking lot, they
shall be confined to a defined area, and not be allowed to obstruct
access of emergency vehicles or pose a traffic safety problem.
Temporary fencing or other suitable mechanisms shall be used to
delineate the sales area and provide for pedestrian safety.
3. Where tents, temporary green houses, or similar structures are used to
store, and/or display merchandise, they shall be anchored to provide a
wind -load resistance of 40 miles per hour.
Title X: 10437
Deleted: < # >Accessory Dwelling Unit,
subject to the following:¶
< # >Not more than one accessory
dwelling unit shall be allowed on a lot.¶
< # >An accessory dwelling unit shall
comply with the same minimum building
setback requirements as required for the
principal structure and shall be attached
to the principal structure.¶
< # >An accessory dwelling unit shall be a
clearly incidental and subordinate use, the
gross floor area of which shall not exceed
the gross floor area of the principal use or
800 square feet, whichever is less.¶
< # >The exterior design of an accessory
dwelling unit shall incorporate a similar
architectural style, roof pitch, colors, and
materials as the principal building on the
Intl
< # >The owner of the property or the
property caretaker shall reside in the
principal dwelling unit or in the accessory
dwelling unit.¶
< # >There shall be no separate ownership
of the accessory dwelling unit.¶
<4 >Rental of the accessory dwelling unit
separate from the principal use is
prohibited.¶
< # >In addition to the parking spaces
required for the principal use on the lot, 2
off-street parking spaces shall be
provided for an accessory dwelling unit.
Such accessory dwelling unit parking
spaces shall not conflict with the
principal use parking spaces, and shall
comply with the requirements of this
Chapter.¶
< # >An accessory dwelling unit shall have
a separate address from the principal use
on the lot, and shall be identified with
address numbers.¶
< # >No more than 2 persons, neither of
whom may be under 18 years of age,
shall occupy the accessory dwelling unit. ¶
T
< # >The interim use permit shall expire if
the principal use of the property changes
or the ownership of either the property or
the principal use changes.¶
< # >The interim use permit shall be issued
for 3 years in accordance with the
procedures outlined in Section 1070.030
ofthe Zoning Ordinance. Such permits
will be administratively reviewed every 3
years to ensure compliance with
conditions of approval and ordinance
requirements for accessory dwelt ___ f101
Deleted: 0
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
Subd. 7. Area Requirements. The following minimum requirements shall be met in the
C -2 district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
1 acre
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
0 feet
Front, From all other streets
25 feet
Side
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Building Height
35 feet
Maximum Impervious Surface Coverage
80%
(Ord. 200, passed 07- 22 -04, Ord. 225, passed 11- 22 -05)
Title X: 10438
Deleted: t00 feet
Deleted: 0
District Regulations
August 24, 2009
Far
This page left intentionally blank.
Title X: 10439
Corcoran Zoning Ordinance
Deleted: 0
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
1040120 — BP (Business Park) Deleted: 110
Subd. 1. Purpose. The intent of this district is to provide for the establishment of
campus developments with a variety of office, low- impact manufacturing or
assembly of a variety of products that create no exterior noise, glare or fumes.
Uses allowed in this district are limited to those that are compatible with lower
intensity residential and business uses and which have limited amounts of
outside storage. Developments in this district will provide a number of
amenities, including architectural controls, landscaping, preservation of natural
features, etc. New development within this district will be allowed only when a
full range of municipal services and facilities are available to serve the area.
Subd. 2. Permitted Uses.
A. Banks, savings and loan, credit unions and other financial institutions, with
or without drive up tellers.
B. Commercial printing establishments.
C. Conference centers and reception halls.
D. Essential services and structures.
E. Governmental and public utility buildings and structures (excluding public
works type facilities and uses).
F. Laboratories.
G_Light Industrial.
H. Manufacturing or assembly of products that produce no exterior noise,
glare, fumes, obnoxious products, byproducts or wastes or creates other
objectionable impact on the environment.
i.Offices, medical and professional.
J. Office Warehouse.
K. Radio and television stations or studios.
L. Research Facilities.
M. ,Technical, _vocational, business and college /university satellite Deleted: < # >q
facilities /schools.
Deleted: 0
Title X: 10440
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
N. Warehousing and indoor storage used in conjunction with offices or
manufacturing facilities.
O. Wholesale Showrooms. I
Subd. 3. Accessory Uses. I�
A. Accessory structures as regulated by Section 1030.020 of this chapter. I'
B. Accessory uses incidental and customary to uses allowed in this Section. I I
C. Jemorarystructures, subLect to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
D. Tenant restaurants cafeterias and retail service limited to tenants of the
building, provided that they be essentially limited to p oviding service to the I
users of the permitted use, and that no signs or other evidence of these uses
are visible from the exterior of the building.
I
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
I
A. Day Care, Commercial (freestanding).
I
B. Financial institutions and banks with drive through facilities;
I
C_Hotels/Motels.
1
D. Retail Uses accessory to permitted development limited to 10 percent of the
gross floor area of the building.
E. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
A. School facility, leasing se pace.
B. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
Title X: 10441
Deleted: < # >Accessory structures as
regulated in Section 1030.020.1
Deleted: < # >Seasonal outdoor retail
sales.¶
Deleted: ¶
< # >Mini Storage /Self Storage Facilities.¶
< #> Units are to be used for dead storage
only. Units are not to be used for
retailing, auto repair, human habitation,
or any commercial activity, except as
allowed by this section.¶
< # >Combining office and /or retail space
with a self - service storage facility may be
allowed by Conditional Use Permit.¶
< #> Storage of hazardous or flammable
materials is prohibited.¶
< # >No exterior storage is allowed.$
t
< # >The facility shall be secured by either
the walls of the structure and/or fencing.
All doors on the units shall face inward
and away from the street and property
lines.¶
< # >An on -site manager is allowed only
where adequate sanitary facilities are
provided, either through use of a septic
system or through connection to the
public sanitary sewer system. Use of
portable sanitary facilities does not fulfill
this requirement.¶
< # >Motor Vehicle, Boat or Equipment
Repair. ¶
< # >All servicing of vehicles and
equipment shall occur entirely within the
principal structure.¶
< # >To the extent required by State law
and regulations, painting shall be
conducted in an approved paint booth,
which thoroughly controls the emission
of fumes, dust, or other particulated
matter.¶
$ 11
Deleted: ¶
< # >Trade Schools, Seminaries and other
Higher Education Facilities.$
Deleted: <# >Accessory Dwelling Unit,
subject to the following:¶
< # >Not more than one accessory
dwelling unit shall be allowed on a lot.¶
< # >An accessory dwelling unit shall
comply with the same minimum building
setback requirements as required for the
principal structure and shall be attached
to the principal structure.¶ 12
Deleted: 0
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
A. Accessory buildings and structures for a use accessory to the principal
commercial or business use provided such structure does not exceed 30
percent of the gross floor space of the principal use.
B. Essential Services, as allowed by Section 1030.090.
C. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Title X: 10442
■
Deleted: 0
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
Subd. 7. Area Requirements. The following minimum requirements shall be met in the
BP district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
1 acre
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
50 feet
Front, From all other streets
50 feet
Side, Internal
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Building Height
45 feet
Maximum Impervious Surface Coverage
0%
(Ord. 200, passed 07- 22 -04, Ord. 11- 22 -05)
Title X: 10443
Deleted: 100
Comment [KL1]: Tom thinks this
number is too high —compare to other
cities
Deleted: 0
District Regulations
August 24, 2009
1040.125 — I -1 (Light Industrial)
Corcoran Zoning Ordinance
Subd. 1. Purpose. The purpose of the I -1, Light Industrial District is Providing for or the
establishment of warehousing and nd light industrial development. The overall
character of the I -1 District is intended to have a low impact
manufacturing /warehouse character. Industrial uses allowed in this district
shall be limited to those which can compatibly exist adjacent to both lower
intensity business uses and high intensity manufacturing uses and which have
limited amounts of truck traffic. Because I -1 may abut residential uses the I -1
uses are regulated in height, lot coverage, setbacks, landscaping, loading and
use type so as to facilitate compatibility between these uses and residential
development. New development within this district will be allowed only when
a full range of municipal services and facilities area available to serve the area.
Subd. 2. Permitted Uses.
A. Automotive detailing shops.
B. Contractors operations
C. Commercial printing establishments.
D. Equipment rental
E. Essential services and structures.
F. Governmental and public utility buildings and structures (excluding public
works type facilities and uses).
G. Indoor sports and recreation (commercial) provided the structure and use is
located at least one hundred feet (100') form any residential Zoning district.
H. Laboratories /research facilities.
I. Manufacturing or assembly of products that produce no exterior noise, lg are,
fumes, obnoxious products, byproducts or wastes or creates other
objectionable impact on the environment.
I Lumber yards/building material sales.
K. Office building.
L. Printing and publishing.
M. Radio and television stations or studios
Deleted: 0
Title X: 10444
District Regulations
August 24, 2009
N. Recycling facility-indoor
acili - indoor
O. Warehousing /distribution and indoor storage.
P. Wholesale Showrooms.
Subd. 3. Accessory Uses.
Corcoran Zoning Ordinance
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. ,Temporary structures, subject to the standards in Section 1030.040 Deleted: < # >Accessory structures as
regulated by Section 1030.020.1
(Temporary Structures) of the Zoning Ordinance. 12M
D. Retail sales related to the processing of product on site so long as it does not
exceed thirty percent (30 %) of the floor space of the principal building.
E. Tenant restaurants, cafeterias, and retail service limited to tenants of the
building, provided that they be essentially limited to providing service to the
users of the permitted use, and that no signs or other evidence of these uses
are visible from the exterior of the building.
Subd.4. Conditional Uses. The following are conditional uses, subiect to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. pay Care, Commercial. _ Deleted:
B. Mini Storage /Self Storage Facilities.
1. Units are to be used for dead storage onlv. Units are not to be used for
retailing, auto repair, human habitation, or any commercial activity_,
except as allowed by this section.
2. Combining office and /or retail space with a self - service storage facility
may be allowed by Conditional Use Permit.
3. Storage of hazardous or flammable materials is prohibited.
4. No exterior storage is allowed.
5. The facility shall be secured by either the walls of the structure and/or
fencing. All doors on the units shall face inward and awav from the
street and property lines.
Deleted: 0
Title X: 10445 . //
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
6. An on -site manager is allowed only where adequate sanitary facilities
are provided, either through use of a septic system or through
connection to the public sanitary sewer system. Use of portable sanitary
facilities does not fulfill this requirement.
C. Motor Vehicle, Boat or Equipment Repair.
1. All servicing of vehicles and equipment shall occur entirely within the
principal structure.
2. To the extent required by State law and regulations, painting shall be
conducted in an approved paint booth, which thoroughly controls the
emission of fumes, dust, or other particulated matter.
3. Storage and use of all flammable materials, including liquid and rags,
shall conform with applicable provisions of the Minnesota Uniform Fire
Code.
4. Parking, driveway, and circulation standards and requirements shall be
subject to the review and approval of the City and shall be based upon
the specific needs of the operation and shall accommodate large vehicle
equipment and semi - trailer /tractor trucks.
5. The storage of damaged vehicles and vehicle parts and accessory
equipment must be completely inside a principal or accessory building.
6. The sale of products other than those specifically mentioned in this
Section shall be subject to a separate conditional use permit
D. Motor Vehicle, Boats and Equipment Sales.
1. All sales shall occur on one lot.
2. Parking areas for the outside storage and sale of vehicles, boats and
trailers, shall be on impervious surface, either bituminous, concrete, or
approved equivalent.
3. Interior concrete or asphalt curbs shall be constructed within the
property to separate driving and parking areas from landscaped areas.
4. All areas of the property not devoted to buildings or parking areas shall
be landscaped in accordance with this ordinance.
Title X: 10446
Deleted: 0
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
5. Off - street parking shall be provided for customers and employees in
accordance with this ordinance.
6. Parking for a motor vehicle, boat, or trailer sales shall not be less than 9
feet wide by 18.5 feet in length.
E. Outside Storage, accessory to an allowed use provided that:
1. Storage area is blacktop or concrete surfaced unless specifically
approved by the City Council.
2. The storage area does not take up parking space or loading space as
required for conformity to this Chapter.
3. The storage area is screened from public streets and surrounding
properties.
F. Towers and Antennas (freestanding) regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
G. Trade Schools, Seminaries and other Higher Education Facilities.
H. Veterinary clinic, Animal Hospital and related indoor kennel: and pet
grooming.
Subd.5. Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
A. Auto Auction
B. Land reclamation, mining and soil processing
C. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
Deleted: ¶
A. Essential Services, as allowed by Section 1030.090.
B. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Deleted: 0
Title X: 10447 . //
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
Subd. 7. Area Requirements. The following minimum requirements shall be met in the
I -1 district. Properties may be subject to special requirements for overlaX
districts as noted in Section 1050 (Overlay Districts
Minimum lot area
1 acre
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
50 feet
Front, From all other streets
50 feet
Side, Internal
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Buildin Hei ht
45 feet
Maximum IM pervious Surface Covera e
70%
Title X: 10448
Deleted: 0
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
Far
4��4 N
mm
Title X: 10449
Deleted: 0
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
1040.130 — Downtown Mixed Use (DMU) District
Subd. 1. Purpose. The purpose of the Downtown Mixed Use District is to provide for
the orderly and integrated development of a high quality downtown. The
Downtown Mixed Use District will provide for the establishment of a
community focal point which is a blend of cultural, civic, entertainment,
commercial, retail, residential and office uses as defined and igu ded by the
2030 Comprehensive Plan. Residential uses shall be developed at a minimum
of ten units per acre or greater. New development within this district will be
allowed only when a full range of municipal services and facilities area
available to serve the area.
Subd. 2. Intent. The intent of this district is to:
A. Establish a strong identity for the City of Corcoran downtown.
B. Create an orderly and integrated mix of high -quality uses for downtown
Corcoran that includes a mix of shops, restaurants, offices, housing,
recreation, community facilities, parks and open space, all within a
walkable area designed to be both pedestrian- friendly and auto - accessible.
C. Promote high - quality architectural and site design.
Subd. 3. Application and Reference Materials.
The Downtown Mixed Use District is where development will be most
concentrated, and where controls are needed to produce the traditional "Main
Street" qualities that Corcoran is seeking. In addition to the requirements of
this section, development in this area should comply with the spirit and intent
of theECity's Design Guidelines, (Appendix A). Deleted: city °s Design
Subd. 4. Permitted Uses.
A. Bakery, retail
B. Banks. savings and loans. credit unions and other financial institutions
without drive - through.
C. Barbers, Beauty Shops and similar personal service uses.
D. Copy/print shop
E. Day Care Facilities, state licensed, as defined by statute.
F. Dry cleanine drop -off. incidental Dressine and repair without on -site
cleaning
Title X: 10450 . //
Deleted: 0
District Regulations
August 24, 2009
Corcoran Zoning Ordinance
G. Hotel, inns and bed and breakfast establishments
H. Multi- family attached residential dwellings with a minimum density of 10
units per net acre, which may include units combining living iving and working
space within the unit, if all units on the same floor of a building are the
same.
I. Offices, medical and professional.
J. Government and public utilities buildings and structures.
K. Retail goods and service uses of a similar nature within a fully enclosed
building (without drive - through).
L. Restaurants and cafes (without drive-through).
M. Taverns
N. Public parking ramp
Subd. 5. Accessory Uses.
A. Accessory structures as r 1 b. Sec 16 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Accessory structures as regulated by Section 1030.020 of this Chapter.
D. Day Care Facilities, accessory to principal use.
E. Outdoor seating within the public right of way or public open space for a
permitted or conditional use, provided that:
1. A sidewalk area at least six feet (6') wide is maintained free of seating in
the area.
2. An outdoor seating plan is prepared and approved by the city council on
the recommendation of the planning commission, on finding that the
plan will not compromise public health, safety, or welfare. The plan
may also include seasonal temporary landscaping and features such as
planter boxes, hanging baskets, low partitions, roped off areas, and other
approved elements.
F. Public open space plaza, square or other related uses.
Title X: 104 51
Deleted: < # >Public buildings, utilities
and structures.¶
Deleted: 0
District Regulations Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
Subd. 6. Conditional Uses.
A. Assisted living facility_
B. Drive - through lanes serving permitted or conditional uses, except for
restaurants, for which drive - through lanes are not allowed in the Downtown
Mixed Use District, provided lanes comply with Section 1060.60, Subd 12
of this ordinance and meet the following criteria:
1. Drive - Through Lanes: Drive - through or drive -in lanes are not allowed
within the build -to line or in front of any building; they must be located
to the side or rear of a building. This does not pertain to driveway
2. Adequate stacking distance shall be provided, as determined by the city
engineer, which does not interfere with other driving areas, parking
spaces, or sidewalks.
3. Electronic speaker devices, if used, shall not be audible beyond the
property being served and shall not be operated between the hours ofpen Deleted: ten
(10:00) P.M. and seven (7:00) A.M.
4. Screening shall be provided of automobile headlights in the drive-
through lane to adjacent properties. Such screening shall be at least
three feet 3') in height and fully opaque, consisting of a wall, fence, Deleted:
dense vegetation, berm, or grade change.
5. A bypass lane shall be provided for each drive - through use, allowing
cars to leave the drive - through lane from the stacking area.
C. Health clubs and fitness centers under 5,000 square feet in size.
D. Funeral home /Mortua
E.
Museum
F.
Nursing Home
G.
Theatre
Subd. 7. Interim Uses
A.
Farmers' markets
B.
Street vendors
Title X: 104 52
Deleted: 0
District Regulations
August 24, 2009
C. Other uses as approved by the City Council
Subd. 8. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
Subd. 9. Streets and Sidewalk Network.
Corcoran Zoning Ordinance
A. Developments that include public or private streets shall connect with and
provide for the future extension of the community's street network.
B. Sidewalks are required along all public and private streets within the
Downtown Mixed Use District. The location and alignment of new sidewalks
shall connect directly with adjacent existing networks. The width of the
sidewalk shall be consistent with City policy.
C. Where the sidewalk along the public street is interrupted by a curb cut, the
walkway across the driveway shall be delineated by elevated pavement or by
use of contrasting pavement materials that meet ADA accessibility standards.
D. On- street parking shall be incorporated with the street design within the
Downtown Mixed Use District. Parking zones shall be defined either by
curbing or with a change in paving materials.
E. Curb Cuts. The number and width of curb cuts shall be limited in
conformance with City policy. Sites with multiple buildings shall have
unified /joint access.
F. Street trees shall be regularly spaced and planted at no less than one tree per
40 lineal feet of frontage on any street within the Downtown Mixed Use
District. Street trees should be located between the sidewalk and the curb or
coordinated as part of a streetscape design.
G. Utility Installation. New utilities shall be placed underground. Compatible
lines (e.g., electric, phone, cable) shall be placed in a common trench.
Subd. 10. Off Street Parking.
A. No parking spaces shall be located between the immediate front of the
principal structure and the abutting front lot line.
B. No more than 50 percent of the parking provided on the lot shall be located
between the rear building line and the front yard lot line.
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Corcoran Zoning Ordinance
C. Off street parking lots shall conform to landscape and buffer requirements
as defined in the Landscaping section of the Design Guidelines and Zoning
Ordinance.
D. No parking spaces shall be located on corner lots at the point of street
intersections.
E. A reduction of up to twenty (20) percent in the number of required off - street
parking spaces (as required in Section 1060.060) may be approved by the
Zoning Administrator in the case of shared parking between abutting uses
or use of publically provided parking.
F. A reduction of one (1 ) parking space from the number of required off - street
parking spaces (as required in Section 1060.060) may be !Ipproved by the
Zoning Administrator for each on- street parking space provided at the lot
frontage on a public street.
G. Pedestrian Circulation. Clearly defined, safe pedestrian access shall be
provided from parking areas, adjacent public rights -of -way, and public and
private open space to building entrances. Pedestrian walkways traversing
parking lots with more than 60 parking spaces shall meet the following
standards:
1. Walkways adjacent to parking spaces shall be at least 5 feet wide and
shall be separated from vehicles by curbing or landscaping.
2. Walkways that cross parking lot drive aisles shall be delineated by
stripes, contrasting pavement materials, elevated pavement, or a
combination of these measures.
Subd. 11. Site Design Standards.
A. Street Edge Requirement. A consistent street edge must be maintained at
the right- of -way line along all street frontages. Street edge elements may
consist of the primary building, low masonry walls, fences, landscaping or a
combination of all of these elements.
B. Maximum Encroachment. With the approval of the agency having
jurisdiction over the right -of -way, awnings and arm signs may be permitted
to encroach within the public right -of -way as follows.
Awnings — within 2 feet of the face of the curb
2. Signs — 4 feet
Title X: 104 54
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District Regulations
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Corcoran Zoning Ordinance
C. All ground mounted mechanical equipment shall be fully screened and
properly maintained with material similar to or compatible with material
used on the main structure. Screened mechanical equipment shall not be
located in the front side yard, but may be located at the side or rear yard.
D. Trash and recycling storage areas shall be designed internal to the principal
building and shall not be allowed in an external fenced structure. Trash and
recycling storage area doors shall not be located on the primary front
elevation of building„ but may be located at the side or rear yard. Deleted: in the front yard
E. Loading areas and docks shall be limited to the rear of the principal building
and shall not be visible from the street. These areas shall be screened from
adjacent residential areas by fencing„ walls, or landscaping. Screening shall
block views from public right -of -way or adjacent uses and shall be equally
effective in winter and summer.
Subd.12. Landscaping.
A. All land area not occupied by buildings, parking, driveways, sidewalks or
other hard surfaces shall be sodded or mulched and landscaped with
Uproved ground cover, flowers, shrubbery and trees.
B. The periphery of all parking lots shall be well landscaped and screened
from the public right -of -way. If a parking lot exists along the primary right -
of -way it must contain a landscaped edge at a minimum of 2 t/2 feet and a
maximum of 3 '/2 feet in height that contains a landscape hedge, railing, a
decorative fence, decorative street wall or a combination of these elements.
C. At least ten percent (10 %) of the total land area within private parking and
driveway areas shall be landscaped. Exception: Does not apply when
parking area is less than 25 parkin stalls.
talls.
D. One shade tree shall be provided per 1,000 square feet of the area for
vehicular parking and parkin aisles.
isles.
E. Existing trees shall be maintained and preserved to the extent possible.
F. Landscaping shall include a full compliment of over - story, ornamental and
evergreen trees, shrubbery and ground covers which are hardy and
appropriate for the locations in which they are planted and provide year-
long color and interest.
Subd. 13. Building Design Standards.
Deleted: 0
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August 24, 2009 DRAFT April 7. 2011
A. Architectural style shall not be restricted. Evaluation of a project shall be
based on the quality of its design and on its relationship to its surroundings
guided by the provisions in this section and the Design Guidelines in
Appendix A.
B. The architectural appearance, including building character, permanence,
massing composition, and scale of all principal buildings shall comply with
the Design Guidelines in Appendix A.
C. The main entrance shall face the primary street with secondary entrances to
the side or rear. In the case of a corner building or a building abutting more
than one street, the City will determine which street should be considered
np •mares
D. All sides of buildings shall have an equal appearance in terms of materials
and general design.
E. Building Frontage. At least 60% of the primary street linear frontage of
each lot shall be occupied by a building at the required build -to line. Other
portions of a building beyond the sixty percent (60 %) may be set back
farther than required by the build -to line. In addition, on corner lots, a
minimum of the first 50 feet of the lot frontage on either side of a street
intersection must be occupied by buildings set at the build to line. Parking
or other space open to the sky is not allowed within this first 50 feet.
F. On corner lots the building shall be located to meet the 60% street frontage
requirement on both streets.
G. The build -to line may be met either with an enclosed building or an arcade
constructed with a permanent roof of the same materials as the remainder of
the building.
H. Windows. At least 40% of the wall surface at the street side of the first
story shall consist of clear windows and doors that allow a view into the
working areas, lobbies or display areas.
I.Roofs. Building facades that exceed 100 feet in length measured along the
street frontage shall have variations in roofline or rooftop parapet. Rooftop
equipment shall be concealed behind parapets or screened from the view of
pedestrians. Sloping roofs with a vertical rise that exceeds the average
height of supporting walls are not allowed.
J. Elements. All buildings shall include the following elements:
Accent materials shall be wrapped around all walls;
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2. Complementary major material colors,
A combination of vertical and horizontal pattern designs in the
building facade.
K. Facade Articulation. Any exterior building wall adjacent to or visible
from a public street, public open space, or abutting property may not
exceed forth feet (40') in length without significant visual relief
consisting of one or more of the following:
1. The facade shall be divided architecturally by means of significantly
different materials or textures, or
2. Horizontal offsets of at least four feet (4') in depth, or
3. Vertical offsets in the roofline of at least four feet (4'),
4. Fenestration at the first floor level which is recesse orizontally at
least one foot (1') into the facade.
L. Acceptable materials. Exterior buildina materials shall be classified either
primary, secondary, or accent materials. Primary materials shall cover at
least sixty percent (60 %) of the facade of a building. Secondary
materials may cover no more than thirty percent (30 %) of the facade.
Accent materials may include door and window frames, lintels,
cornices, and other minor elements, and may cover no more than ten
percent (10 %) of the facade. Allowable materials are as follows:
1. Primary exterior building materials may be brick, stone,
architectural precast concrete or glass. Bronze tinted or mirror lg ass
are prohibited as exterior materials in the Downtown Mixed Use
district.
2. Secondary exterior building materials may be any of the primary
building materials above or decorative block, integrally colored
stucco, or fiber cement siding (color impregnated or painted) in
vertical panel design only with hidden seams.
3. Synthetic stucco (E.F.I.S.) may be permitted as a secondary material
on upper floors only.
4. Accent materials may be wood, metal or fiber cement when used in
trim, fascia or soffit if appropriately integrated into the overall
building design and not situated in areas which will be subject to
physical or environmental damage.
Title X: 10457
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5. All primary and secondary materials shall be integrally colored,
except where otherwise stated.
6. Decorative block shall be colored only by means of a pigment
integral to the block material, not applied to the surface.
7. Sheet metal, corrugated metal, asbestos, iron, shakes, plain flat
concrete block (whether painted or integrally colored or not) are not
acceptable as exterior wall materials on buildings within the CBD
district.
Subd. 14. Area Requirements. The following minimum requirements shall be met in the
DMU district. Properties may be subject to special requirements for overlay districts as noted
in Section 1050 (Overlay Districts
Minimum lot area
20 000 sq ft
Minimum lot width
NA
Minimum lot de th
NA
Structure build to lines:
From Arterial Streets
15 feet maximum
Front, From all other streets
15 feet maximum
Side
None
Side if adjacent to residential
10 feet minimum
Rear if adjacent to residential
10 feet minimum
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1040x35 — PUD (Planned Unit Development) Deleted: 120
Subd. 1. Purpose. The purpose of the PUD, Planned Unit Development District, is to
promote creative and efficient use of land by providing design flexibility in the
development of residential neighborhoods and/or nonresidential areas that
would not be possible under a conventional zoning district. The decision to
zone property to PUD is a public policy decision for the City Council to make
in its legislative capacity.
Subd. 2. Intent. The intent of this district is to:
A. Provide for the establishment of PUD districts in appropriate settings and
situations to create or maintain a development pattern that is consistent with
the City's Comprehensive Plan.
B. Allow for the mixing of land uses within a development when such mixing
of land uses could not otherwise be accomplished under the existing zoning
and subdivision regulations.
C. Provide for variations to the strict application of the land use regulations to
improve site design and operation, while at the same time incorporating
design elements, e.g. construction materials, landscaping, lighting, etc., that
exceed the City's standards to offset the effect of any variations.
D. Promote more creative and efficient approach to land use within the City,
while at the same time protecting and promoting the health, safety, comfort,
aesthetics, economic viability, and general welfare of the City.
E. Preserve and enhance natural features and open spaces.
F. Maintain or improve the efficiency of public streets and utilities.
G_Ensure appropriate transitions between differing land uses.
Subd. 3. Application. A PUD district shall not be established for parcels guided in the
Comprehensive Plan for Rural /Ag Residential and Rural Service /Commercial,
except where allowed for an Open Space Preservation Plat. It will be used in
areas guided Mixed Use/PUD on the Land Use Plan and in other areas where
the City finds that the proposal meets the intent of this district.
Subd. 4. Allowed Uses. All permitted uses, permitted accessory uses, conditional uses,
and interim uses contained in the underlying zoning districts shall be treated as
potentially allowable uses within a PUD district.
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Subd. 5. Lot Dimensions, Setbacks and Building Heights. The various lot width,
lot size, setback and height regulations of the underlying zoning district
shall be considered presumptively appropriate, but may be departed from to
accomplish the purposes described in this section.
Subd. 6. Processing Procedures. The general sequence for application, review and
action on a PUD shall be according to the following procedures:
A. Pre - application Conference
Prior to filing of an application or submittal of a sketch plan the
applicant shall arrange for and attend a conference with the Zoning
Administrator. The primary purpose of the conference shall be to
provide the applicant with an opportunity to gather information and
obtain guidance as to the general suitability of the proposal for the
area and its conformity to the provisions of this district prior to
incurring substantial expenditures in the preparation of plans,
surveys, and other data.
B. PUD Sketch Plan
Prior to filing a preliminary PUD development plan application, the
applicant shall submit a sketch plan of the project to the Zoning
Administrator for approval in principal prior to submission of a
formal application. The purpose of the sketch plan is to inform the
City of the applicant's intentions and to inform the applicant as to
the general acceptability of the proposal before extensive costs are
incurred. The PUD Sketch Plan shall contain at a minimum the
following:
Location map showing the location within the City and
more detailed locations on half - section plat maps showing all
perimeter property lines.
Aerial photograph of the area.
3. All identified natural resources and wetland inventories on and
abutting the premise.
General location of existing and proposed structures.
5. Tentative access, circulation and street arrangements, both
public and private.
6. Amenities to be provided such as recreational areas, open space,
walkways, landscaping, etc.
Deleted: o
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7. General location of parking areas.
A general statement of concept, identifying the intent of the
project and compatibility with the surrounding area.
9. A representative example of the style of structures to be
constructed.
10. Any other items as may be deemed necessary by City staff.
The Zoning Administrator shall refer the sketch plan to the Planning
Commission and City Council for discussion, review and informal
comment. Any opinions or comments provided to the applicant
shall be considered advisory only and shall not constitute a binding
decision on the request.
C. Preliminary PUD Development Plan
The purpose of the preliminary PUD development plan is to
establish the intent, density, and intensity of the proposed
development. Upon receipt of the complete application for rezoning
to PUD and the preliminary PUD development plan, the item shall
be scheduled for a public hearing at the Planning Commission. The
Planning Commission shall conduct a public hearing in accordance
with the provisions of the City's Code. Upon due consideration, the
Planning Commission shall make a recommendation to the City
Council.
Following the Planning Commission recommendation, the City
Council shall consider the rezoning request and preliminary PUD
development plan. At this meeting the City Council shall receive
the recommendation from the Planning Commission and a report
from the City Staff. Upon due consideration the City Council shall
approve, disapprove, or approve with specified modifications and/or
conditions by majority vote.
If a preliminary development plan has been denied by the City
Council, the owner or applicant may not reapply for the same or
similar on the same property for a six (6) month period following
the date of the denial.
D. Final PUD Development Plan
The applicant shall submit a final PUD development plan to the
City. The Planning Commission shall review the final plan in
Deleted: o
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accordance with the provisions of this section. The Planning
Commission shall review the application to ensure that the proposed
final PUD development plan is in substantial conformance with the
approved preliminary PUD development plan. Upon due
consideration the Planning Commission shall make their
recommendation to the City Council.
Following the Planning Commission recommendation, the City
Council shall consider the final development plan. Upon due
consideration the City Council shall approve, disapprove, or approve
with specified modifications and/or conditions by majority vote.
If the applicant desires, and the City Council concurs, the
preliminary and final development plans may be processed
concurrently, provided all items required for both applications are
submitted.
The rezoning of the property defined in the development plan shall
not become effective until such time as the City Council approves an
ordinance reflecting said amendment, which shall take place at the
time that the City Council approves the final development plan.
Subd. 7. Required Findings. The Planning Commission and the City Council
shall find the following prior to the approval of a preliminary
development plan or final development plan:
A. The planned development is not in conflict with the Comprehensive
Plan.
B. The planned development is not in conflict with the intent of the
underlying zoning district.
C. The planned development is not in conflict with other applicable
provisions of the City's zoning ordinance.
D. The planned development or unit thereof is of sufficient size,
composition, and arrangement that its construction, marketing,
and/or operation is feasible as a complete unit without dependence
upon any other subsequent unit or phase.
E. The planned development will not create an excessive burden on
parks, schools, streets and other public facilities and utilities which
serve or are proposed to serve the planned development.
F. The planned development will not have an undue and adverse
impact on the reasonable enjoyment of the neighborhood property.
Deleted: o
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G. The quality of the building and site design proposed by the PUD
plan shall substantially enhance the aesthetics of the site, shall
demonstrate higher standards, more efficient and effective uses of
streets, utilities and public facilities, it shall maintain and enhance
any natural resources within the development, and create a public
benefit that is greater than what would be achieved through the strict
application of the primary zoning regulations.
Subd.8. Preliminary Development Plan Content. The intent of the
preliminary development plan is to allow city review of site plan and
general development issues, without the need for detailed architectural
plans. The applicant shall submit preliminary development plans which
include the following:
A. A location map which indicates existing and future land uses.
B. Maps of existing and proposed site features and uses at a minimum
scale of 1" = 100' scale which indicates topography in two -foot
contours; building outlines; location of significant vegetation; water
bodies and wetlands; location of streets, drives and parking areas;
and other significant features.
C. A site plan showing all proposed structure and building locations
including signs. Plans shall note structure height, general
architectural design features and anticipated exterior materials.
D. A preliminary circulation plan indicating pedestrian and vehicular
movement systems. This plan shall also include service access and
screening for receiving material and trash removal.
E. Preliminary drainage, grading, utility and erosion control plans.
F. A concept landscaping plan illustrating preservation of existing
vegetation, and new landscaping and buffer areas.
G. A written report which describes the proposed uses, indicates
covenants or agreements which will influence the use and
maintenance of the proposed development, describes the analysis of
site conditions and development objectives which has resulted in the
planned development proposal, and statement of which primary
zoning district provisions are being modified by the planned
development.
H. A shift of density or intensity of the plan, if applicable. For example,
a ten -acre site with seven acres of "Commercial" guiding and three
Deleted: o
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District Regulations Corcoran Zoning Ordinance
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acres of "Urban Residential" guiding could be developed with 70
percent of the land area commercial and 30 percent of the land area
at the urban residential density identified in the Comprehensive
Plan. This type of shift would only be allowed as part of a PUD and
the location of uses within the site would be determined as part of
the PUD process. This implementation technique would not require
an amendment to the Land Use Guide Plan Map.
I.Any other information deemed necessary by the City Staff in order to
evaluate plans.
J. Twenty copies of the above information shall be submitted no larger
than 11 x 17 inches.
K. Five copies of the above information shall be submitted on 24 x 36
inch sheets.
L. For City initiated rezonings to Planned Unit Development District,
the preliminary development plan may consist of any information
deemed necessary to identify and protect the public interest.
Subd. 9. Final Development Plan Content. The final development plan shall
include all of the information required for submission of the preliminary
development plan plus architectural plans, detailed site, landscaping,
grading and utility plans and all additional information which was
requested by the planning commission as a result of its review of the
preliminary plan. The final plan shall incorporate all recommendations
of the planning commission and city council, or shall indicate how the
final plan fails to incorporate the commission's recommendations. The
final plan shall also include and reflect all changes in preliminary plan
data since the submission of the preliminary plan. The applicant shall
submit final development plans which include the following
information:
A. A location map which indicates existing and future land uses.
B_Maps of existing and proposed site features and uses at a minimum
scale of 1" =100' scale which indicate topography in two -foot
contours; building outlines; location of significant vegetation;
location of streets, drives and parking areas; and other significant
features.
C. Detailed drawings of all proposed structure elevations, including
scaled elevations and exterior building materials of all buildings and
signs. Samples of all proposed materials which will be used on the
exterior of structures may be required with the elevation drawings.
Deleted: o
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August 24, 2009 DRAFT April 7. 2011
D_Proposed floor plans for all floor levels of multi - family and non-
residential buildings, including locations of electrical, mechanical
and gas metering equipment, and storage areas for trash and
recyclable materials.
E_A landscape plan indicating tree, shrub and ground cover species,
size, provisions for plant material watering.
F_A final circulation plan indicating pedestrian and vehicular
movement systems. This plan shall also include service access for
receiving and trash/recycling removal.
G. A lighting plan showing foot - candle levels, luminaire location,
fixture type and height.
H. Rooftop equipment and screening plan and elevation drawings of
rooftop equipment and screening of views from adjacent streets and
property.
I_A final drainage, grading, utility, and erosion and sedimentation
control plan. Such plans shall comply with the requirements of this
ordinance.
J. Identification and delineation of all wetlands on the site including
preservation and filling and mitigation.
K_A written report which completely describes the proposal and
indicates covenants or agreements which will influence the use and
maintenance of the proposed development, describes the analysis of
site conditions and development objectives which has resulted in the
planned development proposal, describes any changes from the
approved preliminary development plan, and statement of which
primary zoning district provisions are being modified by the planned
development.
A shift of density or intensity of the plan, if applicable. For
example, a ten -acre site with seven acres of "Commercial" guiding
and three acres of "Urban Residential" guiding could be developed
with 70 percent of the land area commercial and 30 percent of the
land area at the urban residential density identified in the
Comprehensive Plan. This type of shift would only be allowed as
part of a PUD and the location of uses within the site would be
determined as part of the PUD process. This implementation
technique would not require an amendment to the Land Use Guide
Plan Map.
Deleted: o
Title X: 104M-65
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M. Any other information deemed necessary by the City Staff in order
to evaluate plans.
N. Twenty copies of the above information shall be submitted no larger
than 11 x 17 inches.
0. Five copies of the above information shall be submitted on 24 x 36
inch sheets.
Subd. 10. Performance Guarantees
A. The City Council shall require the owner and developer of a PUD to
execute a development agreement which may include, but not be
limited to, the approved development plan, conditions of approval,
association and maintenance agreements, and a time table for
construction.
B. The City Council shall require an applicant for PUD
rezoning /development plan to post a performance bond or
irrevocable letter of credit with the City Clerk to insure that the
development will be executed in performance with the approved
final PUD development plan.
C. The City Council is empowered to require that all required
improvements be constructed and completed prior to the issuance of
any occupancy permits.
D. Construction of each PUD development shall be commenced within
one year after the effective date of the PUD rezoning by the City
Council. Upon good cause shown, the City Council may extend the
time for one additional year. If construction is not commenced
within these time periods, any building permits issued for the PUD
shall be void and the Planning Commission may initiate proceeding
to rezone the subject property.
L.--Any building permit issued for construction pursuant to PUD
rezoning shall be valid only so long as there is compliance with the
final development plan as accepted by the City Council.
Subd.11. Changes To Final Development Plans. Minor changes to final
development plans adopted by the city council may be approved by the
city administrator, provided that the changes do not involve the
following:
A. Increase in floor area of structures or number of dwelling units.
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B. Change in exterior building material.
C. Alteration of any condition attached or modification to the final
development plan made by the City Council.
D. A major change to a final development plan which is at variance
with any standards of the City Code or is less restrictive than any
conditions of approval for the initial final development plan, shall
require approval by a majority vote of all members of the City
Council.
(Ord. 224, passed 10- 27 -05) °r
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District Regulations
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1040x40 — PI (Public /Institutional) Deleted: 130
Subd. 1. Purpose. The purpose of the PI district is to provide a zoning district
specifically for uses oriented to the general public and semi - public uses. This
district is unique in that it generally provides services to the public rather than a
sale of goods. Uses within this district will generally be compatible with
adjacent uses and will have access from an arterial or collector road. New
development within this district will be allowed only when a full range of
municipal services and facilities are available to serve the area.
Subd. 2. Permitted Uses.
Subd. 3.
Subd. 4.
A. Civic Buildings, such as City Hall, libraries, fire stations, etc.
B_Day Care Facilities, state licensed, as defined by statute.
C. Educational facilities, K -12.
D. Essential Services, subject to Section 1030.090 (Essential Services) of the
Zoning Ordinance.
E. Government and public utilities buildings and structures.
F. Parks, playgrounds, trails, other recreational facilities of a non - commercial
nature and directly related buildings and structures.
G. ,daces of Worship /Assembly.
H. Recreation, Public
Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Essential Services, as allowed by Section 1030.090.
D. Play and recreational facilities, including swimming pools and tennis courts,
for use of the property owner and guests.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Cemeteries and Memorial Gardens.
Title X: 104!A-69
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District Regulations
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B. Community Centers.
C. Day Care, Commercial, accessory to permitted uses in this district.
D. Funeral Homes and Mortuaries.
E. Golf Courses and other outdoor recreational facilities of a commercial
nature.
F. Hospitals or similar institutions.
G. Medical and Dental Offices
H. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
I.Trade Schools, Seminaries and other Higher Education Facilities
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
A. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Accessory buildings and structures for a use accessory to the principal
commercial or business use provided such structure does not exceed 30
percent of the gross floor space of the principal use.
B. Essential Services, as allowed by Section 1030.090.
C. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Subd. 7. Area Requirements. The following minimum requirements shall be met in the
PI district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum lot area:
10 acres
Minimum lot width
200 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
5 0 feet
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Corcoran Zoning Ordinance
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Front, From all other streets
50 feet
Side
50 feet
Rear
50 feet
Maximum Building Height
45 feet
Maximum Impervious Surface Coverage
70%
(Ord. 200, passed 07- 22 -04)
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Overlay Districts Corcoran Zoning Ordinance
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SECTION 1050 — OVERLAY DISTRICTS
1050.010 - Wetland Overlay District
Subd. 1. Findings, Intent and Incorporation by Reference.
A. The City has determined that wetlands serve to maintain water quality by
filtering water that is discharged into ground water aquifers and by retaining
inorganic sediments, toxicants and nutrients. They also retain and reduce
the discharge of phosphorus and transform nutrients from their inorganic to
organic forms, thereby protecting streams and water bodies from
eutrophication and contamination. Wetlands also store runoff and reduce
the velocity and magnitude of flood peaks.
B. Wetland vegetation also prevents the erosion of shoreline areas. Wetland
vegetation provides food, shelter, and important habitat for wildlife. All of
these wetland characteristics provide valuable recreation and education
resources.
C. The City has also found that wetlands vary significantly in the degree that
they have been altered. Wetlands within the City exhibit great variations in
their floral diversity, quality of wildlife and fishery habitat, degree of
fluctuation in response to storms, the extent to which their shorelines have
been altered or eroded, and their relative value in protecting water quality.
Therefore, the City has found it necessary and beneficial to classify
wetlands based upon their functions and values. The City has also found
that it is in the best interest of the general health and welfare of the City to
achieve no net loss of wetlands within the community.
D. The City recognizes that a substantial amount of wetland degradation
results from sedimentation and nutrient loading related to construction
projects. Therefore, the City finds it necessary to require extraordinary
measures to prevent such construction related degradation.
E. In addition to having regulations that affect the physical impacts within
wetland areas the City also finds that it is necessary to regulate the use of
lands surrounding wetlands. Buffer strips are necessary and beneficial to
maintaining the health of wetlands. These strips of land surrounding
wetlands protect their shorelines from erosion, while serving to filter
sediment, chemicals and other nutrients before the storm water discharges
into the wetland. Buffer strips are also beneficial in providing habitat for
wildlife.
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F. This section hereby incorporates by reference the Wetlands Conservation
Act of 1991 [Minn. Stat. 103G.221 et seq. (hereinafter referred to as the
WCA)] and any future amendments adopted by the legislature. All
wetlands, as defined in Section 1020.020 of this Chapter, including those
governed by the Department of Natural Resources, are covered by the other
provisions of this Chapter. Also, there are circumstances under which the
strict enforcement of these regulations may be unreasonable and in
circumstances that meet the criteria established in Subd. 5 of this chapter,
departures from the strict application of these standards may be permitted.
G. It is the intent of this Chapter to avoid the alteration and destruction of
wetlands. When wetlands are altered or destroyed, the mitigation must be
provided to recreate the functions and values of the wetland.
Subd. 2. Purpose and Implementation.
A. Through the adoption and enforcement of this section, the City shall
promote the general health, safety, and welfare of its residents by both
conserving and protecting wetlands and requiring sound management
practices and mitigation as provided for in the WCA when development
occurs in the vicinity of wetlands. Through the implementation of this
section, the City seeks to accomplish the following purposes:
1. To satisfy the requirements of the WCA as it may be amended and,
thereby achieve no net loss of wetlands within the City;
2. To balance the needs to preserve and protect natural resources and
systems with both the rights of private property owners and the need to
support the efficient use of developable land within the City;
3. To preserve the natural character of the landscape through the
maintenance of wetland ecosystems;
To promote water quality by maintaining the ability of wetlands to
recharge ground water and receive the discharge of ground water, to
retain sediment and toxicants and filter nutrients from surface water
runoff before it discharges into community lakes and streams, thus
avoiding the contamination and eutrophication of these water features;
and
5. To provide wildlife habitat and thereby support the maintenance of
diversity of both plant and animal species within the City.
B. To accomplish these purposes, the City:
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1. Has conducted an inventory of wetlands and other natural areas within
the City;
2. Has developed a system of classification for wetlands within the City
and classified the City's wetlands based upon their relative values
related to floral diversity, wildlife habitat, water quality protection,
fishery habitat, flood storage, shoreline protection, and aesthetic,
recreational and educational benefits using the Minnesota Rapid
Assessment (MNRAM) methodology;
3. Has prepared and maintains a comprehensive set of official maps
identifying the location and classification of wetlands inventoried in the
Natural Resources Inventory;
4. Has established wetland regulations that are coordinated with flood
plain and shoreland protection regulations;
5. Requires sound management practices to protect, conserve, maintain,
enhance, and improve the quality of wetlands within the community;
6. Enforces standards for the alteration of wetlands when alteration is
allowed, including standards and procedures for the mitigation of the
loss of wetland areas and their functions and values, when alteration or
destruction occurs;
7. Obtains protective easements over or acquires fee title to wetlands as
appropriate;
8. Educates the public about
wetland provide and the
development on wetlands.
Subd. 3. General Provisions.
the numerous benefits and features that
adverse effects of improperly managed
A. Identification and Delineation of Wetlands
1_This section shall apply to all land containing wetlands and land within
the setback and buffer areas required by this section. Wetlands shall be
subject to the requirements established herein, as well as restrictions and
requirements established by other applicable Federal, State, and City
ordinances and regulations. These wetland protection regulations shall
not be construed to allow anything otherwise prohibited in the zoning
district where the wetland is located.
2. A wetland is land that meets the definition of "wetlands" set forth in
Section 1020.020. The classification of a wetland shown on the
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Corcoran Zoning Ordinance
officially adopted City map will be prima facie evidence of the
classification of a wetland.
3. The presence or absence of a wetland on the official maps does not
represent a definitive determination as to whether a wetland covered by
this section is or is not present. Wetlands that are identified during site
specific delineation activities but do not appear on the official wetland
maps are still subject to the provisions of the section. Areas that appear
on the official wetland maps as wetlands that are not identified as
wetlands during site specific delineation activities are not subject to the
provisions of this section.
4. It will be the responsibility of an applicant for required City approvals
or permits to delineate the exact wetland boundary or to determine that
no wetland exists on a subject property. All delineations must be
reviewed and approved by the City or its delegated authority.
5. If an applicant questions whether a wetland exists or disputes its
classification on the official map, the applicant shall have the burden to
supply detailed information for review supporting the applicant's
assertion, including but not limited to, topographic, hydrologic, floristic,
and/or soil data deemed necessary by the City to determine the
jurisdictional status of the wetland, its exact boundary and its
classification. Wetland delineations supplied by applicants shall be
certified by a qualified wetland delineator. Wetland delineators must
satisfy any certification requirements that may be established by the
U.S. Army Corps of Engineers or the Minnesota Board of Water and
Soil Resources.
6. Applicants seeking a change in wetland classification must submit to the
City a completed MNRAM version 1.0 form, or the most recent version.
The technical evaluation panel will review the request for change. The
technical evaluation panel will make a recommendation to the city
regarding a change in classification.
7. Only that portion of a property within the boundaries of a wetland shall
be subject to the provisions of this section.
8. This section establishes three wetland classifications as defined in
Section 1020.020: High Quality, Medium Quality, and Low Quality.
Subd. 4. General Standards.
The following standards apply to all lands within and/or abutting a wetland:
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Corcoran Zoning Ordinance
A. Septic and soil absorptions systems must be setback a minimum of 75 feet
from the City approved boundary of the wetland.
B. The lowest ground floor elevation shall be 2 feet above the 100 -year flood
elevation or three feet above the Ordinary High Water Mark of public
waters regulated by Section 1050.020, whichever is greater.
C. Structures intended to provide access across a wetland shall be prohibited
unless a permit is obtained in conformance with State Regulations.
D. The MPCA's Best Management Practices shall be followed to avoid
erosion and sedimentation during the construction process.
E. City inspection schedules and fines for erosion control will double on
projects abutting wetlands.
F. Before the City issues a building permit for a lot with a required wetland
buffer, the lot owner shall:
1. Record a notice of the wetland buffer requirement against the title to the
lot with the office of the Hennepin county Recorder or Registrar of
Titles, and
2. Install the wetland monuments required by Subd. 7 of this Chapter.
Subd. 5. Wetland Buffer Strips and Setbacks.
A. For lots of record created after March 23, 2004, a buffer strip shall be
maintained abutting all wetlands identified in Subd. 3 below. The setback
and buffer provisions of this Chapter shall not apply to lots of record on
March 23, 2004, to developments for which conditional use permits, site
--411116, plans, and preliminary plats, final plats or preliminary or final planned unit
development plans have been approved by the City within 2 years prior to
March 23, 2004, or to developments for which complete applications for
any of the above actions have been accepted by the City for review, but not
yet acted upon, prior to March 23, 2004. The City does, however, strongly
encourage the use of a wetland buffer and setback on all lots in the City.
B. Wetland buffer strips and structure setbacks shall apply to all parcels of
land whether or not the wetland is on the same parcel as a proposed
development.
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Overlay Districts Corcoran Zoning Ordinance
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C. Wetland buffer strips are required on wetland sizes and types as follows:
Wetland Buffers and Setback Requirements
High Medium Low
Wetland Buffer Average Width:
50'
25'
15'
Wetland Buffer Width (Min.):
40'
20'
10'
Wetland Buffer Width (Max.):*
60'
40'
20'
Structure Setback (from Buffer): **
15'
15'
15'
Total Buffer and Setback (Average):
65'
40'
30'
* Buffer widths in excess of the listed maximums shall not be used in calculating average buffer width.
** These setbacks shall take precedence over other setbacks required in this chapter. These setbacks
apply to structures only —a 5 -foot setback is required for roads and parking lots. Trails that serve an
interpretive function may be exempted from buffer and setback requirements.
EXAMPLE OF BUFFER AND SETBACK
Applied to a High Quality Wetland
Lot Line 13' Rear
Setback
t ■ ■ ■ r rrOw ■ rrON
High Quality
Wetland
.. momim @A
OT 6
r
rrrr ■ ■ �r�f ■ ■ � ■ • �� wrr r
Building Area 50' Buffer
F
-� L
•,i--L-
-i
y
D. Not withstanding the foregoing, wetland
buffer strips are not required for:
E.
1_A wetland if Minnesota Statutes Section 103G.2241, subdivision 4, 5 or
9 would exempt the draining or filling of that wetland from the
replacement plan requirements of Minnesota Statutes Section 103G.222,
or
2_A wetland that is a Type 1, 2 or 6 wetland as defined in Minnesota
Statutes Section 103G.005, subdivision 17b and that is located outside
the Natural Resources Corridors identified on official City maps.
Buffer strip vegetation shall be established
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Corcoran Zoning Ordinance
and maintained in accordance with the requirements found in this
Subdivision. During the first 2 years, any buffer vegetation that does not
survive must be replanted. After 2 years, if the condition of the buffer area
changes through natural processes not caused by the property owner, the
owner shall not be required to reestablish the buffer area to meet the
standards contained in Subd. 8 of this Chapter. Buffer strips shall be
identified within each lot by permanent monuments approved by the City.
F. For roadways that must be aligned either
adjacent to or across wetlands and are subject to WCA replacement
requirements, additional wetland filling to create a buffer strip shall not be
required. Trails that the City has determined serve an interpretive function
may also be exempted from the buffer requirement. All other roadways
and trails shall meet the buffer standards established in this Subd. or in
Subd. 6 below.
G. If the area of the buffer has a preconstruction
slope of 12 percent or greater, the buffer shall be at the applicable
maximum for width for the wetland classification. The use of a
meandering buffer stripe to maintain a natural appearance is encouraged
but not required in areas of flat topography.
H. The required structure setback shall apply to
all structures, except that such structure setback shall be reduced to 5 feet
for roadways, trails, and parking lots, and their related retaining walls and
fences.
L Wetland buffer strips not required by this section may be voluntarily created
in conformance with the requirements of this section concurrent with
approval of a site plan, or in the absence of a site plan, upon approval of an
administrative permit.
Subd. 6. Alternative Wetland Buffer Strips and Setbacks: With Extraordinary
Management Measures.
A. Because of the unique physical characteristics of a specific parcel of land,
narrower buffer strips may be necessary to allow for a reasonable use of
land,
B. The City Council may approve alternative standards, based on an
assessment of the following:
1. Size of the parcel
2. Existing roads and utilities
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Corcoran Zoning Ordinance
3. Percentage of parcel impacted by wetlands
4. Configuration of wetlands on the parcel
5. Quality of the affected wetlands
C. The City Council will evaluate the appropriateness of using the alternative
standards as a part of its review of a sketch plan. An applicant must
receive Council approval through this review process prior to submitting a
preliminary plan or plat application that applies the alternative buffer strip
standards.
D. Alternative standards shall not be allowed on wetlands within the Natural
Resource Corridors identified on official City maps.
E. In instances where the City Council approves alternative buffer standards,
an applicant will be required to apply extraordinary management measures
to control erosion, sedimentation and nutrient loading during and for two
years after construction. The applicant must demonstrate that the proposed
measures will limit dissolved phosphorus concentration to one milligram
per liter (mg /1) or less. Buffer strips and structure setbacks shall meet the
following standards:
Alternative Wetland Buffers and Setbacks, With Extraordinary Measures
High Medium Low
Average Wetland Buffer Width 25' 15' 10'
Wetland Buffer Width (Minimum) 20' 10' 5'
Wetland Buffer Width (Maximum)* 30' 20' 15'
Structure Setback from Buffer ** 15' 15' 15'
Total (Average): 40' 30' 25'
* Buffer widths in excess of the listed maximums shall not be used in calculating the average buffer
width.
** These setbacks shall take precedence over other setbacks required in this Chapter. Structure
setbacks apply to structures only; roads, trails and parking lots shall have a 5 -foot required setback.
F. Extraordinary management measures that may be permitted in conjunction
with and up -slope from the buffer strip and setback requirements listed
above include, but are not limited to measures that add redundant
protections to normal required Best Management Practices.
G. The applicant shall be responsible to submit all of the necessary
information to document that the proposed extraordinary construction and
stormwater management practices (hereinafter referred to as "Extraordinary
Management Practices ") will at least duplicate the performance of the
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Overlay Districts Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
required buffers and setbacks shown in Subd. 5 of this Chapter, if not
exceed it. The applicant shall also have the burden of proving that the
purpose and objectives of the Chapter will be met through the use of these
Extraordinary Management Practices.
H. The approval of any Extraordinary Management Practices shall be
conditioned upon a site improvement performance agreement (Section
1070.050, Subd. 9 of this Chapter) that includes a binding commitment to
the maintenance of the proposed alternative treatments throughout their
useful life.
Subd. 7. Monument Required.
A permanent wetland buffer monument shall be installed at each lot line where
it crosses a wetland buffer, and where needed to indicate the contour of the
buffer, with a maximum spacing of 200 feet of wetland edge. If no buffer is
required, the monument shall be at the edge of the wetland.
Subd. 8. Buffer Strip Vegetation Performance Standards.
A. Where acceptable natural vegetation exists in buffer strip areas, the
retention of such vegetation in an undisturbed state is preferred. A buffer
strip has acceptable natural vegetation if it:
1. Has a continuous, dense layer of perennial grasses that have been
uncultivated or unbroken for at least 10 consecutive years, or
2. Has an overstory of trees and/or shrubs with at least 80 percent canopy
closure that have been uncultivated or unbroken for at least 10
consecutive years, or
Contains a mixture of the plant communities described in (1) and (2)
above, that have been uncultivated or unbroken for at least 10
consecutive years.
Notwithstanding the above performance
standards, the City may determine existing buffer vegetation to be
unacceptable if-
1. It is composed of undesirable plant species (including, but not limited to
reed canary grass, common buckthorn, purple loosestrife, leafy spurge
and noxious weeds), or
2. It is lacking a layer of organic thatch or duff, or
3. Has topography that tends to channelize the flow of surface runoff, or
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Corcoran Zoning Ordinance
4. For some other reason it is unlikely to retain nutrients and sediment.
Where buffer areas, or a portion thereof, are
not vegetated or have been cultivated or otherwise disturbed within 10 years
of the permit application, such areas shall be re- planted and maintained
according to each of the following standards:
1. The soil in wetland buffer strips shall be amended, as necessary, to
ensure that the soil has an organic content of not less than 10 percent
and not more than 20 percent.
2. Buffer zones shall be planted with a seed mix containing 100 percent
perennial native plant species, except for a one -time planting of an
annual nurse or cover crop such as oats or rye.
3. The seed mix to be used shall consist of at least 12 pounds pure live
seed (PLS) per acre of native prairie grass seed and 5 pounds PLS per
acre of native forbs. Native prairie grass and native forb mixes shall
contain no fewer than 4 and 5 species respectively.
4. The annual nurse or cover crop shall be applied at a rate of 20 pounds
per acre.
5. Native shrubs may be substituted for forbs. Such shrubs may be bare
root seedlings and shall be planted at a rate of 60 plants per acre.
Shrubs shall be distributed so as to provide a natural appearance and
shall not be planted in rows.
6. Any ground cover or shrub plantings installed in buffer areas are
independent of landscaping requirements set forth elsewhere in the City
code and City policy.
7. Native prairie grasses and forbs shall be planted by a qualified
contractor using a drill designed for native prairie grass seedlings, such
as a Truax or Nesbitt Native Grass Drill or a John Deere 1550 Power -
Till Seeder.
8. No fertilizer shall be used in establishing new buffer zones, except on
highly disturbed sites when deemed necessary to establish acceptable
buffer vegetation and then limited to amounts indicated by an accredited
soil testing laboratory.
9. All seeded areas shall be mulched immediately with clean straw at a rate
of 1.5 tons per acre. Mulch shall be anchored with a disk or tackifier.
On slopes that are steeper than 3:1, additional soil stabilization materials
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Corcoran Zoning Ordinance
such as straw mat or coconut fiber mat shall be used, as specified in the
MnDOT Seeding Manual 2000, or most recent MnDOT manual.
10. Buffer zones (both natural and created) shall be protected by silt fence
during construction and the fence shall remain in place until the area
crop is established.
11. Applicants may obtain from the City a set of standard seeding and
planting specifications for buffer zones that meet all City requirements.
D. During the first 2 years, the developer shall
replant any buffer vegetation that does not survive. After 2 years, if the
condition of the buffer area changes through natural processes not caused
by the property owner, the owner shall not be required to reestablish the
buffer area to meet the standards established in this subdivision.
Subd. 9. Encroachment in Required Setback and Buffer Areas.
A. Patios and decks may encroach up to a maximum of 6 feet into required
structure setback areas. Porches may not encroach into required setback
areas. Buffer and wetland areas must be kept fee of all structures,
including fences and play equipment.
B. Water quality ponds may encroach into required wetland buffer areas,
provided that the amount of buffer encroached upon does not exceed 50
percent of the total area required for such ponding, and provided that the
amount of buffer encroached upon does not exceed 50 percent of the total
area required for buffering. These limitations may be exceeded where two -
cell water quality ponding is utilized.
Subd.10. Variances.
_Requests for variances shall be made in accordance with the procedures and
requirements set forth in Section 1070.040 of this Chapter.
B. Variances shall only be granted when the standards and criteria set forth in
Section 1070.040 of this Chapter have been met. Variances shall not be
granted which would circumvent the intent and purposes of this subdivision.
(Ord. 211, passed 12- 21 -04, Ord. 237, passed 11- 20 -06)
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DRAFT April 7. 2011
1050.020 - Shoreland Overlay District
Subd. 1 Statutory Authorization, Findings of Fact and Statement of Purpose.
A. Statutory Authorization. This shoreland ordinance is adopted pursuant to
the authorization and policies contained in Minnesota Statutes, Chapter 105,
Minnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and
zoning enabling legislation in Minnesota Statutes, Chapter 462.
B. Findings of Fact. The uncontrolled use of shorelands of the City of
Corcoran, Minnesota affects the public health, safety and general welfare
not only by contributing to pollution of public waters, but also by impairing
the local tax base. Therefore, it is in the best interests of the public health,
safety, and welfare to provide for the wise subdivision, use and
development of shorelands of public waters.
C. Statement of Purpose. The Legislature of Minnesota has delegated
responsibility to local governments of the state to regulate the subdivision,
use and development of the shorelands of public waters and thus preserve
and enhance the quality of surface waters, conserve the economic and
natural environmental values of shorelands, and provide for the wise use of
waters and related land resources. This responsibility is hereby recognized
by the City of Corcoran.
Subd. 2. General Provisions.
A. Jurisdiction. The provisions of this ordinance shall apply to the shorelands
of the public water bodies as classified in Section 1050.020, Subd. 3 of this
ordinance.
B. Compliance. The use of any shoreland of public waters; the size and shape
of lots; the use, size, type and location of structures on lots; the installation
and maintenance of water supply and waste treatment systems, the grading
and filling of any shoreland area; the cutting of shoreland vegetation; and
the subdivision of land shall be in full compliance with the terms of this
ordinance and other applicable regulations.
C. Enforcement. The Zoning Administrator is responsible for the
administration and enforcement of this ordinance. Any violation of the
provisions of this ordinance or failure to comply with any of its
requirements (including violations of conditions and safeguards established
in connection with grants of variances or conditional uses) shall constitute a
misdemeanor and shall be punishable as defined by law. Violations of this
ordinance can occur regardless of whether or not a permit is required for a
regulated activity pursuant to Section 1050.020, Subd. 3 of this ordinance.
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Corcoran Zoning Ordinance
D. Interpretation. In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements and shall be liberally
construed in favor of the governing body and shall not be deemed a
limitation or repeal of any other powers granted by State Statutes.
E. Abrogation and Greater Restrictions. It is not intended by this ordinance to
repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance imposes greater restrictions,
the provisions of this ordinance shall prevail. All other ordinances
inconsistent with this ordinance are hereby repealed to the extent of the
inconsistency only.
F. Severability. If any section, clause, provision or portion of this ordinance is
adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this ordinance shall not be affected thereby.
Subd. 3. Shoreland Classification. The public waters of the City of Corcoran have been
classified below consistent with the criteria found in Minnesota Regulations,
Part 6120.3300, and the Protected Waters Inventory Map for Hennepin County,
Minnesota.
Natural Environment Lakes
Jubert Lake
Tributary Rivers /Streams
North Fork Rush Creek
Rush Creek
Unnamed Tributary
Spurzem Creek
Unnamed Tributary
Protected Waters ID#
165P
Legal Description
Legal Description
T119 R23 W S29, 32
TI 19 R23 W Sections 2, 3, 4,5,7,8,11,18,19
T119 R23 Sections 13, 21, 22, 23,24,28,29
TI 19 R23 Sections 11, 14, 15
T119 R23 Sections 33, 34
T119 R23 W Sections 23, 26, 34, 35
The shoreland area for these waterbodies shall be shown on the Official Zoning Map.
Subd. 4. Land Use. The intent of this overlay district is to guide the wide development
of public waters shoreland, thus preserving the quality of surface waters,
preserving natural resources and providing for the wise utilization of water and
related land resources in the City. The regulations in this overlay district are
intended to manage areas suitable for development of various types as allowed
in the underlying zoning district. It is the intent of this overlay district to be
used in conjunction with the adopted land use regulations and requirements of
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Overlay Districts
August 24, 2009
Subd. 5.
Corcoran Zoning Ordinance
this Chapter and over other ordinances, codes and policies. The allowable uses
in the shoreland management overlay district shall be as identified in the
Zoning Ordinance and reflected on the Zoning Map.
Zoning and Water Supply /Sanitary Standards.
A. Lot Area and Width Standards
The lot area and width standards (in feet) for single family, two family and
townhome residential lots created after the date of enactment of this
ordinance are the following:
1. Unsewered Natural Environment Lakes
Riparian Lots
Area Width
Single 80,000 200
Two family 120,000 300
Multi- family 200,000 500
2. Sewered Natural Environment Lakes
Riparian Lots
Area Width
Single 40,000 125
Two family 70,000 225
Multi- family 130,000 425
Nonriparian Lots
Area
Width
80,000
200
160,000
400
320,000
800
Nonriparian Lots
Area
Width
20,000
125
35,000
220
65,000
410
3. River /Stream Lot Width Standards.
There is no minimum lot size requirement for rivers and streams. The
lot width standards for residential developments are:
Tributary Stream
No Sewer Sewer
Single 100 75
Two family 150 115
Multi- family 250 190
B. Special Provisions
1. Residential subdivisions with dwelling unit densities exceeding those in
the tables above can only be allowed if designed and approved as
residential planned unit developments. Only land above the ordinary
high water level of public waters can be used to meet lot area standards,
and lot width standards must be met at both the ordinary high water
level and at the building line. The sewer lot area dimensions in Section
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Corcoran Zoning Ordinance
3 above can only be used if publicly owned sewer system service is
available to the property.
2. Subdivisions of two family dwellings and townhomes on Natural
Environment Lakes must also meet the following standards:
a. Each building must be set back at least 200 feet from the OHWL.
b. Each building must have common sewage treatment and water
systems in one location and serve all dwelling units in the building.
c. Watercraft docking facilities for each lot must be centralized in one
location and serve all dwelling units in the building; and
d. No more than 25 percent of a lake's shoreline can be in two family
or townhome developments.
C. Placement, Design and Height of Structures
When more than one setback applies to a site, structures and facilities
must be located to meet all setbacks. Where structures exist on the
adjoining lots on both sides of a proposed building site, structure
setbacks may be altered without a variance to conform to the adjoining
setbacks from the ordinary high water level, provided the proposed
building site is not located in a shore impact zone or in a bluff impact
zone. Structure setbacks (in feet) from the Ordinary High Water Level
are as follows:
2. Structures without water oriented needs must be placed on nonriparian
lots, or be double the structure setback, or screened from view from
public waters by vegetation, topography, or both.
Title X: 1050 -16
Sewage
Waters
Structures
Classification
Unsewered
Sewered
Treatment
Systems
Natural
Environment
Lakes
150
150
150
Tributary
River /Stream
100
50
75
2. Structures without water oriented needs must be placed on nonriparian
lots, or be double the structure setback, or screened from view from
public waters by vegetation, topography, or both.
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3. The following additional structure setbacks apply, regardless of the
classification of the water body:
Setback From:
Setback in feet
Top of bluff
30
Un latted cemetery
50
Right -of -way line of Federal,
State or County highway
50
Right -of -way line of town road,
public street or other roads or
streets not classified
20
4. Structures and accessory facilities, except stairways and landings, must
not be placed within bluff impact zones.
D. Design Criteria for Structures
1. Structures must be placed in accordance with floodplain regulations
applicable to the site as required in Section 1050.030.
a. Section 1050.030 requires that all structures, including accessory
structures, additions to existing structures, and manufactured homes,
shall be constructed so that the basement floor, or first floor if there
is no basement, is at least 2 feet above the regional flood elevation.
b. Each lot may have one water - oriented accessory structure not
meeting the normal structure setback requirements of this ordinance
if this water - oriented accessory structure complies with the
following provisions:
c. The structure or facility must not exceed 10 feet in height, exclusive
of safety rails, and cannot occupy an area greater than 250 square
feet. Detached decks must not exceed eight feet above grade at any
point.
d. The setback of the structure or facility from the ordinary high water
level must be at least 10 feet.
e. The structure or facility must be treated to reduce visibility as
viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks, or color, assuming summer, leaf -on
conditions.
f The roof may be used as a deck with safety rails but must not be
enclosed or used as a storage area.
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R. The structure or facility must not be designed or used for human
habitation and must not contain water supply or sewage treatment
facilities.
2. All structures in residential districts, except churches and nonresidential
agricultural structures, are limited to a maximum height of 25 feet in
height.
Subd. 6. Shoreland Vegetative Buffers.
A. Buffer Requirements and Standards. For lots of record created after March
23, 2004, a buffer area shall be maintained abutting all lakes, rivers and
streams. Buffer sizes and other requirements are included in Section
1050.010. Buffer vegetation shall be established and maintained in
accordance with the requirements that follow.
1. Buffer area vegetation shall be considered adequate when the buffer has
a continuous, dense layer of perennial grasses, flowers, trees, and/or
shrubs that have been undisturbed (i.e., not cultivated, mown or
disturbed) for at least 10 consecutive years. Vegetation shall be
considered unacceptable if:
a. It is composed of noxious weeds.
b. Topography or sparse vegetation tends to channelize the
flow of surface water;
C. For some other reason the vegetation is unlikely to retain
nutrients and sediment.
2. Where buffer areas, or a portion thereof, are not vegetated, or have been
cultivated or otherwise disturbed within the past 10 years of the permit
application, such areas shall be re- planted and maintained according to
each of the following standards:
a. Buffer areas shall be planted with a seed mix containing 100 percent
perennial native plant species, except for a one -time planting of
annual nurse or cover crop such as oats or rye.
b. The seed mix to be used shall consist of at least 15 pounds pure live
seed (PLS) per acre of native grass seed and 1 pound PLS per acre
of native forbs. Native grass and native forb mixes shall contain no
fewer than 4 and 5 species respectively.
c. The annual nurse or cover crop shall be applied at a rate of 20
pounds per acre.
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d. Native shrubs may be substituted for forbs. Such shrubs may be
bare -root stock and shall be planted at a rate of 60 plants per acre.
Shrubs shall be distributed so as to provide a natural appearance and
shall not be planted in rows.
e. Native grasses and forbs shall be planted by a qualified contractor
by using a drill designed for native grass seeding or by broadcasting
or hydroseeding at Minnesota Department of Transportation rates
(MNDOT Standard Specifications for Construction).
f. All seeded areas shall be mulched immediately with clean straw at a
rate of 1.5 tons per acre. Mulch shall be anchored with a disk or
tackifier.
g. Buffer areas (both natural and seeded) shall be protected by erosion
control measures as determined by the City. These must be
employed during construction until permanent ground cover is
established to prevent siltation of the buffer area and wetlands.
h. A walking trail may be established within a shoreland buffer area.
The trail should be constructed to minimize erosion. An undisturbed
area of vegetative buffer at least 10 feet in width should remain
between the trail and the wetland edge or the top of the stream bank.
3. Buffer areas shall be identified by permanent monuments acceptable to
the City. In residential subdivisions, a monument is required for each
lot. In other situations, a monument is required for each 300 feet of
wetland edge.
4. The clearing and removal of vegetation in the buffer area is prohibited,
except for selective clearing and pruning of individual trees that are
dead, diseased, noxious weeds, or hazards.
5. Owners are encouraged to leave dead trees and branches in the buffer
area, because they are part of the native natural environment and
provide necessary habitat to may birds and native wildlife. Dumping
yard waste in buffer areas, including leaves and grass clippings, is
prohibited by this ordinance.
6. All buffer areas are measured from the ordinary high water level as
marked in the field.
7. The following buffer sizes are minimum requirements for stream
buffers. Classification of lakes and wetlands in shoreland areas and
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buffer sizes shall be consistent with the City's Wetland Overlay District
1050.010.
Stream Type
Average Buffer
Minimum
Structure
Width
Buffer
Setback
Tributary
25'
20'
50'
Stream
8. The City may recommend buffer averaging for buffers in instances
where it will provide resource protection to a valuable adjacent upland
habitat, or allow for reasonable use of property, provided that the total
buffer area on -site contained in the buffer area remains the same.
Buffer averaging in shoreland areas will be consistent with buffer
averaging requirements in the Wetland Overlay District (Section
1050.010).
If the area of the buffer has a pre - construction slope of 12 percent or
greater, the buffer shall be at the maximum width for the applicant's
stream classification. The use of a meandering buffer area to maintain a
natural appearance is encouraged, but not required in areas of flat
topography.
Subd. 7. Shorelaud Buffer Area Mitigation.
A. Where alteration of a stream buffer area is approved and mitigation is
required, mitigation must result in equal or improved buffer function and
value. Mitigation plans must address water quality protection and wildlife
habitat. The following criteria shall be required for stream buffer area
mitigation:
B. Buffers must be replaced at a 1:1 ratio.
_Mitigation should always result in equal or improved buffer function and
value. The function and value will include protection of water quality and
provision of wildlife habitat.
D. Mitigation involving the buffer area shall provide landscaping for nesting,
food for wildlife, wildlife cover, and utilize a diversity of native flora (trees,
shrubs, grasses, herbaceous plants) to encourage wildlife diversity.
E. Stream buffer mitigation should be undertaken on site. If this is not
feasible, mitigation should occur locally within the subwatershed. If this is
not possible, mitigation should occur outside the subwatershed, elsewhere
in the City.
Subd. 8. Vegetation Alterations.
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A. Exemptions. Vegetation alteration necessary for the construction of
structures and sewage treatment systems, agricultural uses, and the
construction of roads are exempt from the vegetation alternation standards
that follow.
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B. Alteration Standards
1. Intensive vegetation clearing such as mowing and cutting within the
shore and bluff impact zones and on steep slopes is not allowed.
2. In shore and bluff impact zones and on steep slopes, limited clearing of
trees and shrubs and cutting, pruning, and trimming of trees is allowed
to provide a view to the water from the principal dwelling site and to
accommodate the placement of stairways and landings, picnic areas,
access paths, livestock watering areas, beach and watercraft access
areas, and permitted water - oriented accessory structures or facilities,
provided that:
a. The screening of structures, vehicles, or other facilities as
viewed from the water, assuming summer, leaf -on conditions, is not
substantially reduced.
b. Along streams, existing shading of water surfaces is
preserved; and
C. The above provisions are not applicable to the removal of
trees, limbs, or branches that are dead, diseased, or pose safety
hazards.
Subd. 9. Topographic Alterations, Grading and Filling.
A. Permits. Grading and filling and excavations necessary for the construction
of structures, sewage treatment systems, and driveways under validly issued
construction permits for these facilities do not require the issuance of a
separate grading and filling permit. However, the grading and filling
standards in this Section must be incorporated into the issuance of permits
for construction of structures, sewage treatment systems, and driveways.
B. Standards
1. A grading and filling permit will be required for the movement of more
than 10 cubic yards of material on steep slopes or within shore and bluff
impact zones. A grading and filling permit will be required for the
movement of more than 50 cubic yards of material in a shoreland area
that is outside of steep slope and shore and bluff impact zones.
2. The following considerations and conditions must be adhered to during
the issuance of construction permits, grading and filling permits,
conditional use permits, variances and subdivision approvals:
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a. Grading or filling in any wetland is subject to the regulations of the
Minnesota Wetland Conservation Act, reviews or approvals by other
local, state or federal agencies such as a watershed district, the
Minnesota Department of Natural Resources, or the United States
Army Corps of Engineers, and the City of Corcoran Wetland
Overlay District (Section 1050.010).
b. The proposed work should be evaluated for its effect on the
following functional values of the wetland: a) sediments and
pollutant trapping and retention; b) storage of surface runoff to
prevent or reduce flood damage; c) fish and wildlife habitat; d)
recreational use; e) shoreline or bank stabilization; or f)
noteworthiness, including special qualities such as historic
significance and critical habitat.
c. Alterations must be designed and conducted in a manner that
ensures only the smallest amount of bare ground is exposed for the
shortest time possible.
d. Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a permanent vegetation cover
must be established as soon as possible.
e. Methods to minimize soil erosion and to trap sediments before they
reach any surface water feature must be used.
f. Altered areas must be stabilized to acceptable erosion control
standards consistent with the Minnesota Pollution Control Agency's
Best Management Practices.
g. Fill or excavated material must not be placed in a manner that
creates an unstable slope.
h. Plans to place fill or excavated material on steep slopes must be
reviewed by the City Engineer for continued slope stability and must
not create finished slopes of 30 percent or greater.
i. Any alterations below the ordinary high water level of public waters
must first be authorized by the Commissioner of Natural Resources
under Minnesota Statutes, section 103G.245.
j. Alterations of topography must only be allowed if they are
accessory to permitted or conditional uses and do not adversely
affect adjacent or nearby properties.
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k. Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if the
finished slope does not exceed 3 feet horizontal to one foot vertical,
the landward extent of the riprap is within 10 feet of the ordinary
high water level, and the height of the riprap above the ordinary high
water level does not exceed 3 feet.
1. Excavations where the intended purpose is connection to a public
water, such as boat slips, canals, lagoons, and harbors, must be
controlled by local shoreland controls. Permission for excavations
may be given only after the commissioner has approved the
proposed connection to public waters.
3. Extractive Use Standards
a. Site Development and Restoration Plan. An extractive use site
development and restoration plan must be developed, approved, and
followed over the course of operation of the site. The plan must
address dust, noise, possible pollutant discharges, hours and duration
of operation, and anticipated vegetation and topographic alterations.
It must also identify actions to be taken during operation to mitigate
adverse environmental impacts, particularly erosion, and must
clearly explain how the site bill be rehabilitated after extractive
activities end.
b. Setbacks for Processing Machinery. Processing machinery must be
located consistent with setback standards for structures from
ordinary high water levels of public waters and from bluffs.
Subd. 10. Placement and Design of Roads, Driveways and Parking Areas. Public and
private roads and parking areas must be designed to take advantage of natural
vegetation and topography to achieve maximum screening from view from
public waters. Documentation must be provided by a qualified individual that
all roads and parking areas are designed and constructed to minimize and
control erosion to public waters consistent with the Minnesota Pollution
Control Agency's Best Management Practices and the following:
A. Roads, driveways, and parking areas must meet structure setbacks and must
not be placed within shore and bluff impact zones, when other reasonable
and feasible placement alternatives exist. If no alternatives exist, they may
be placed within these areas, and must be designed to minimize adverse
impacts.
B. Public and private watercraft access ramps, approach roads, and access -
related parking areas may be placed within the shore impact zones provided
the vegetative screening and erosion control conditions of this subpart are
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met. For private facilities, the grading and filling provisions of this
ordinance must be met.
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Subd. 11. Stormwater Management.
A. Design and Construction Standards
1. When possible, existing natural drainageways, wetland, and vegetated
soil surfaces must be used to convey, store, filter, and retain stormwater
runoff before discharge to public waters.
2. Development must be planned and conducted in a manner that will
minimize the extent of disturbed areas, runoff, velocities, erosion
potential, and reduce and delay runoff volumes. Disturbed areas must
be stabilized and protected as soon as possible and facilities or methods
used to retain sediment on the site.
3. When development density, topographic features, and soil and
vegetation conditions are not sufficient to adequately handle stormwater
runoff using natural features and vegetation, various types of
constructed facilities, such as diversion, settling basins, skimming
devices, dikes, waterways, and ponds may be used. Preference must be
given to designs using surface drainage, vegetation, and infiltration
rather than buried pipes and man -made materials and facilities.
4. Impervious surface coverage of lots must not exceed 25 percent of the
lot area.
5. When constructed facilities are used for stormwater management,
documentation must be provided by a qualified individual that they are
designed and installed consistent with National Urban Runoff (NURP)
Standards, requirements of the Elm Creek Watershed District, and the
Minnesota Pollution Control Agency's Best Management Practices as
described in Protecting Water Quality in Urban Areas.
6. New constructed stormwater outfalls to public waters must provide for
filtering or settling of suspended solids and skimming of surface debris
before discharge.
Subd. 12. Agricultural and Forest Management Use Standards.
A. Permitted Uses
General cultivation farming, grazing, nurseries, horticulture, forestry, truck
farming, sod farming, and wild crop harvesting are permitted uses if steep
slopes and shore impact zones are maintained in permanent vegetation or
operated under an approved conservation plan (Resource Management
Systems) consistent with the field office technical guides of the local soil
and water conservation districts or the United States Natural Resource
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Conservation Service, as provided by a qualified individual or agency. The
shore impact zone for parcels with permitted agricultural land uses is equal
to a line parallel to and 50 feet from the ordinary high water level.
B. Animal Feedlots. Animal feedlots must meet the following standards:
1. New feedlots must not be located in the shoreland of watercourses or
in bluff impact zones, and must meet a minimum setback of 300 feet
from the ordinary high water level of all public waters basins; and
2. Modifications or expansions to existing feedlots that are located within
300 feet of the ordinary high water level or within a bluff impact zone
are allowed if they do not further encroach into the existing ordinary
high water level setback.
C. Forest Management Standards. The harvesting of timber and associated
reforestation must be conducted consistent with the provisions of the
Minnesota Nonpoint Source Pollution Assessment - Forestry and the
provisions of Water Quality in Forest Management "Best Management
Practices in Minnesota."
Subd.13. Administration.
A. Zoning Administrator. The Zoning Administrator
is designated by the City Council to enforce this ordinance. If he /she finds
a violation of the provisions of this ordinance, he /she shall notify the person
responsible for such violation, indicating the nature of the violation, and
ordering the action necessary to correct it.
B. Permits Required. A permit is required for the
construction of buildings or building additions (including such related
activities as construction of decks and signs), the installation and/or
alteration of sewage treatment systems, and those grading and filling
activities not exempted by Subd. 9 of this ordinance. Application shall be
made to the Zoning Administrator on forms furnished by him/her and shall
include the following where applicable: plans 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 to the stream channel.
C. State and Federal Permits. Prior to granting a
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.
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D. Nonconforming Sewage Treatment System.
Whenever a permit or variance authorizes any improvement on, or new use
of, a property in the shoreland district, it will require reconstruction of any
existing nonconforming sewage system on the property to meet or exceed
applicable rules of the Minnesota Department of Health, the Minnesota
Pollution Control Agency, specifically chapter 7080 for individual sewage
treatment systems, and any applicable local government standards. The
City of Corcoran will notify landowners in shore impact zones about this
requirement, and will also encourage property owners to evaluate their
sewage treatment systems and voluntarily upgrade systems that are
nonconforming.
E. Variances
Variances may only be granted in accordance with Minnesota Statutes,
Chapter 462, as applicable. A variance may not circumvent the general
purposes and intent of this ordinance. No variance may be granted that
would allow any use that is prohibited in the zoning district in which the
subject property is located. Conditions may be imposed in the granting
of a variance to ensure compliance and to protect adjacent properties
and the public interest. In considering a variance request, the City
Council must also consider whether the property owner has reasonable
use of the land without the variance, whether the property is used
seasonally or year- round, whether the variance is being requested solely
on the basis of economic considerations, and the characteristics of
development of adjacent properties.
2. The City Council shall hear and decide requests for variances in
accordance with the rules that it has adopted for the conduct of business.
When a variance is approved after the Department of Natural Resources
has formally recommended denial in the hearing record, the notification
of the approved variance required in Section F below shall also include
the board of adjustment's summary of the public record/testimony and
the findings of facts and conclusions which supported the issuance of
the variance.
3. For existing developments, the application for variance must clearly
demonstrate whether a conforming sewage treatment system is present
for the intended use of the property. The variance, if issued, must
require reconstruction of a nonconforming sewage treatment system.
F. Notifications to the Department of Natural Resources
1. Copies of all notices of any public hearings to consider variances,
zoning ordinance amendments, zoning map amendments or conditional
uses under local shoreland management controls must be sent to the
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Commissioner of Natural Resources, or the Commissioner's designated
representative and postmarked at least 10 days before the hearings.
Notices of hearings to consider proposed subdivisions /plats must
include copies of the subdivision/plat.
2. A copy of approved zoning ordinance amendments and
subdivisions /plats, and final decisions granting variances or conditional
uses under local shoreland management controls must be sent to the
Commissioner or the Commissioner's designated representative and
postmarked within 10 days of final action.
Subd.14. Nonconformities.
A. Existing Nonconformities
1. All legally established nonconformities as of the date of this ordinance
may continue, but they will be managed according to applicable state
statutes and other regulations of this community for the subjects of
alterations and additions, repairs after damage, discontinuance of use
and intensification of use.
2. Lots of record in the office of the county recorder on the date of
enactment of local shoreland controls that do not meet the requirements
of this ordinance may be allowed as building sites without variance
from lot size requirements provided the use is permitted in the zoning
district, the lot has been in separate ownership from abutting lands at all
times since it became substandard, was created compliant with official
controls in effect at the time, and sewage treatment and setback
requirements of this ordinance are met.
B. Variance from Setback Requirements. A variance from setback
requirements must be obtained before any use, sewage treatment system, or
building permit is issued for a lot. In evaluating the variance, the board of
adjustment shall consider sewage treatment and water supply capabilities or
constraints of the lot, and shall deny the variance if adequate facilities
cannot be provided.
C. Contiguous Lots. If, in a group of two or more contiguous lots under the
same ownership, any individual lot does not meet the requirements of this
ordinance, the lot must not be considered as a separate parcel of and for the
purposes of sale or development. The lot must be combined with the one or
more contiguous lots so they equal one or more parcels of land, each
meeting the requirements of this ordinance as much as possible.
D. Additions or Expansions
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1. Additions or expansions to the outside dimensions of an existing
nonconforming structure must meet the setback, height and other
requirements of this ordinance. Any deviation from these requirements
must be authorized by a variance.
2. Deck additions may be allowed without a variance to a structure not
meeting the required setback from the ordinary high water level if all of
the following criteria and standards are met:
3. The structure existed on the date the structure setbacks were established
4. A thorough evaluation of the property and structure reveals no
reasonable location for a deck meeting or exceeding the existing
ordinary high water level setback of the structure
5. The deck encroachment toward the ordinary high water level does not
exceed 15 percent of the existing setback of the structure from the
ordinary high water level or does not encroach closer than 30 feet,
whichever is more restrictive
6. The deck is constructed primarily of wood, and is not roofed or
screened.
(Ord. 211, passed 12- 21 -04, Ord. 237, passed 11- 20 -06)
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1050.030 - Flood Plain Overlay District
Subd. 1. Statutory Authorization, Findings of Fact and Purpose.
A. Statutory Authorization. The Legislature of the State of Minnesota Statutes
Chapter 103F and 462, delegated the responsibility to local governmental
units to adopt regulations designed to minimize flood losses. Minnesota
Statutes 103F further stipulates that communities subject to recurrent
flooding must participate and maintain eligibility in the national flood
insurance program. Therefore, the City Council of the City of Corcoran,
County of Hennepin, State of Minnesota, does ordain as follows:
B. Findings of Fact.
The flood hazard areas of the City of Corcoran, Minnesota, are 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, impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
2. Methods Used to Analyze Flood Hazards. This Ordinance is based
upon a reasonable method of analyzing flood hazards that is consistent
with the standards established by the Minnesota Department of Natural
Resources.
3. National Flood Insurance Program Compliance. This Ordinance is
adopted to comply with the rules and regulations of the national Flood
Insurance Program, codified as 44 Code of Federal Regulations Parts
59 -78, as amended, so as to maintain the community's eligibility in the
national Flood Insurance Program.
C. Statement of Purpose. It is the purpose of this Ordinance to maintain the
community's eligibility in the national flood insurance program, to
minimize potential losses due to periodic flooding including 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 and to minimize those
losses described in Section 1.21 by provisions contained herein.
Subd. 2. General Provisions
A. Lands to Which the Ordinance Applies. This Ordinance shall apply to
all lands within the jurisdiction of the City of Corcoran shown on the
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Official Zoning Map as being located within the boundaries of the
Floodway, Flood Fringe, or General Flood Plain District.
B. Establishment of Official Zoning Map. The Official Zoning Map together
with all materials attached thereto is hereby adopted by reference and
declared to be a part of this Ordinance. The attached material shall include
the Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin
County, Minnesota, All Jurisdictions, and the Flood Insurance Rate Map,
panels numbered 2705300019 E, 2705300038 E, 27053CO039 E,
27053CO043 E, 27053CO044 E, 27053CO132 E, 27053CO134 E,
27053CO151 E, 27053CO152 E, 27053CO153 E, 27053CO154 E,
27053CO156 E, 2705300157 E, 2705300158 E, and 2705300159 E for the
City of Corcoran, dated September 2, 2004, as developed by the Federal
Emergency Management Agency. The Official Zoning Map shall be on file
in the Office of the City Clerk.
C!.--Regulatory Flood Protection Elevation. The regulatory flood protection
elevation shall be an elevation no lower than two feet above the elevation of
the regional flood plus any increases in flood elevation caused by
encroachments on the flood plain that result from designation of a
floodway.
D. Interpretation.
1. In their interpretation and application, the provisions of this Ordinance
shall be held to be minimum requirements and shall be liberally
construed in favor of the governing body and shall not be deemed a
limitation or repeal of any other powers granted by State Statutes.
2. 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 and
there is a formal appeal of the decision of the City Engineer, the City
Council shall make the necessary interpretation. All decisions will be
based on elevations on the regional (100 -year) flood profile, the ground
elevations that existed on the site at the time the Community adopted its
initial floodplain ordinance, and other available technical data. Persons
contesting the location of the district boundaries shall be given a
reasonable opportunity to present their case to the City Council and to
submit technical evidence.
E. Abrogation and Greater Restrictions. It is not intended by this Ordinance to
repeal, abrogate or impair any existing easements, covenants, or deed
restrictions. However, where this Ordinance imposes greater restrictions,
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the provisions of this Ordinance shall prevail. All other ordinances
inconsistent with this Ordinance are hereby repealed to the extent of the
inconsistency only.
F. Warning and Disclaimer of Liability. This Ordinance does not imply that
areas outside the flood plain districts or land uses permitted within such
districts will be free from flooding or flood damages. This Ordinance shall
not create liability on the part of the City of Corcoran or any officer or
employee thereof for any flood damages that result from reliance on this
Ordinance or any administrative decision lawfully made there under.
G. Severability. If any section, clause, provision, or portion of this Ordinance
is adjudged unconstitutional invalid by a court of competent jurisdiction, the
remainder of this Ordinance shall not be affected thereby.
H. Definitions: Unless specifically defined in Section 1020.020 (Flood
Related definitions) of this ordinance, words or phrases used in this
Ordinance shall be interpreted so as to give them the same meaning as they
have in common usage and so as to give this Ordinance its most reasonable
application.
Subd.3. Establishment of Zoning Districts. The flood plain areas within the
jurisdiction of this Ordinance are hereby divided into three Districts: Floodway
District (FW), Flood Fringe District (FF), and General Flood Plain District
(GFP).
A. Floodway District. The Floodway District shall include those areas
designated as floodway on the Flood Insurance Rate Map adopted in
Subd.2.B.
B. Flood Fringe District. The Flood Fringe District shall include those areas
designated as floodway fringe. The Flood Fringe District shall include
those areas shown on the Flood Insurance Rate Map as adopted is Section
2.13. as being within Zone AE, Zone A0, or Zone AH but being located
outside of the floodway.
C. General Flood Plain District. The General Flood Plain District shall include
those areas designated as Zone A or Zones AE, Zone A0, or Zone AH
without a floodway on the Flood Insurance Rate Map adopted in Section
2.13.
D. Compliance: No new structure or land shall hereafter be used and no
structure shall be constructed, located, extended, converted, or structurally
altered without full compliance with the terms of this Ordinance and other
applicable regulations which apply to uses within the jurisdiction of this
Ordinance. Within the Floodway, Flood Fringe and General Flood Plain
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Districts, all uses not listed as permitted uses or conditional uses in Subd.4.,
5. and 6. that follow, respectively, shall be prohibited. 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
provisions of this Section and specifically Subd9.
2. Modifications, additions, structural alterations, normal maintenance and
repair, or repair after damage to existing nonconforming structures and
nonconforming uses of structures or land are regulated by the general
provisions of this Section and specifically Subd.11.
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 Section and specifically as
stated in Subd.10. of this Section.
Subd. 4. Floodway District (FV).
A. Permitted Uses.
1. Agricultural uses such as general farming, pasture, grazing, outdoor
plant nurseries, horticulture, truck farming, forestry, sod farming, and
wild crop harvesting.
2. Industrial- Commercial uses such as loading areas, parking areas, and
airport landing strips.
3. Private and public recreational uses such as golf courses, tennis courts,
44 driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, target ranges, trap and skeet ranges,
hunting and fishing areas, and single or multiple purpose recreational
trails.
4. Residential uses such as lawns, gardens, parking areas, and play areas.
B. Standards for Floodway Permitted Uses:
1. The use shall have a low flood damage potential.
2. The use shall be permissible in the underlying zoning district if one
exists.
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3. 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. Structures accessory to the uses listed in 4.A. above and the uses listed
in 4.C.2 -8 below.
2. Extraction and storage of sand, gravel, and other materials.
3. Marinas, boat rentals, docks, piers, wharves, 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 or construction of fences.
7. Recreational vehicles either on individual lots of record or in existing or
new subdivisions or commercial or condominium type campgrounds,
subject to the exemptions and provisions of Subd.9.0 of this Ordinance.
8. Structural works for flood control such as 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 10 -year
frequency flood event.
D. Standards for Floodway 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. All floodway conditional uses shall be subject to the procedures and
standards contained in Subd.10.13 of this Ordinance.
3. Fill. The conditional use shall be permissible in the underlying zoning
district if one exists.
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a. Fill, dredge spoil, and all other similar materials deposited
or stored in the flood plain shall be protected from erosion by
vegetative cover, mulching, riprap or other acceptable method.
b. Dredge spoil sites and sand and gravel operations shall not
be allowed in the floodway 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 Subsection (b)
immediately 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 City Council has
received an appropriate plan which assures the removal of the
materials from the floodway based upon the flood warning time
available. The conditional use permit must be title registered with
the property in the Office of the County Recorder.
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.
Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow; and,
d. So far as practicable, structures shall be placed approximately on the
same flood flow lines as those of adjoining structures.
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:
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i. 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;
ii. Any mechanical and utility equipment in a structure must be
elevated to or above the regulatory flood protection elevation or
property flood proofed; and
iii. To allow for the equalization of hydrostatic pressure, there must
be a minimum of two "automatic" openings in the outside walls
of the structure having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding.
There must be openings on at least two sides of the structure,
and the bottom of all openings must be no higher than one foot
above the lowest adjacent grade to the structure. Using human
intervention to open a garage door prior to flooding will not
satisfy this requirement for automatic openings.
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
Governing Body.
6. 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 provisions of Minnesota Statute, Chapter 103G. Community -wide
structural works for flood control intended to remove areas from the
regulatory flood plain shall not be allowed in the floodway.
7. A levee, dike or floodwall constructed in the floodway 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.
Flood Fringe District (FF)
A. Permitted Uses. Permitted uses shall be those uses of land or structures
listed as permitted uses in the underlying zoning use district(s). If no pre-
existing, underlying zoning use districts exist, then any residential or non
residential structure or use of a structure or land shall be a permitted use in
the Flood Fringe District provided such use does not constitute a public
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nuisance. All permitted uses shall comply with the standards for Flood
Fringe District "Permitted Uses" listed in Subd.5.B and the "Standards for
all Flood Fringe Uses" listed in Subd.5.E.
B. Standards for Flood Fringe Permitted Uses:
All structures, including accessory structures, must be elevated on fill so
that the lowest floor including basement floor is at or above the
regulatory flood protection elevation. The finished fill elevation for
structures shall be no lower than two (2) feet below the regulatory flood
protection elevation and the fill shall extend at such elevation at least
fifteen (15) feet beyond the outside limits of the structure erected
thereon.
2. As an alternative to elevation on fill, accessory structures that constitute
a minimal investment and that do not exceed 500 square feet at its
largest projection may be internally flood proofed in accordance with
Subd.4.D.5.
3. The cumulative placement of fill where at any one time in excess of
one- thousand (1,000) cubic yards of fill is located on the parcel shall be
allowable only as a conditional use, unless said fill is specifically
intended to elevate a structure in accordance with Subd.5.B.1 of this
ordinance.
4 The storage of any materials or equipment shall be elevated on fill to the
regulatory flood protection elevation.
5. The provisions of Section 5.E of this Ordinance shall apply.
C. Conditional Uses: Any structure that is not elevated on fill or flood proofed
in accordance with Subd.5.B.1 - 5.B.2 and or any use of land that does not
comply with the standards in Subd.5.B.3 - 5.B.4 shall only be allowable as a
conditional use. An application for a conditional use shall be subject to the
standards and criteria and evaluation procedures specified in Subd.5.D -5.E
and 10.13 of this Ordinance.
D. Standards for Flood Fringe Conditional Uses:
Alternative elevation methods other than the use of fill may be utilized
to elevate a structure's lowest floor above the regulatory flood protection
elevation. These alternative methods may include the use of stilts,
pilings, parallel walls, etc., or above - grade, enclosed areas such as crawl
spaces or tuck under garages. The base or floor of an enclosed area
shall be considered above -grade and not a structure's basement or lowest
floor if: 1) the enclosed area is above -grade on at least one side of the
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structure; 2) it is designed to internally flood and is constructed with
flood resistant materials; and 3) it is used solely for parking of vehicles,
building access or storage. The above -noted alternative elevation
methods are subject to the following additional standards:
a. Design and Certification. The structure's design and as -built
condition must be certified by a registered professional engineer or
architect as being in compliance with the general design standards of
the State Building Code and, specifically, that all electrical, heating,
ventilation, plumbing and air conditioning equipment and other
service facilities must be at or above the regulatory flood protection
elevation or be designed to prevent flood water from entering or
accumulating within these components during times of flooding.
b. Specific Standards for Above - grade, Enclosed Areas. Above - grade,
fully enclosed areas such as crawl spaces or tuck under garages must
be designed to intemally flood and the design plans must stipulate:
A minimum area of openings in the walls where internal
flooding is to be used as a flood proofing technique. There shall
be a minimum of two openings on at least two sides of the
structure and the bottom of all openings shall be no higher than
one -foot above grade. The automatic openings shall have a
minimum net area of not less than one square inch for every
square foot subject to flooding unless a registered professional
engineer or architect certifies that a smaller net area would
suffice. The automatic openings may be equipped with screens,
louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of flood waters without any
form of human intervention; and
ii. That the enclosed area will be designed of flood resistant
IN materials in accordance with the FP -3 or FP -4 classifications in
the State Building Code and shall be used solely for building
access, parking of vehicles or storage.
2. Basements, as defined by Subd.2.H of this Ordinance, shall be subject to
the following:
a. Residential basement construction shall not be allowed below the
regulatory flood protection elevation.
b. Non - residential basements may be allowed below the regulatory
flood protection elevation provided the basement is structurally dry
flood proofed in accordance with Subd.5.D.3 of this Ordinance.
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3. All areas of non - residential structures including basements to be placed
below the regulatory flood protection elevation shall be flood proofed in
accordance with the structurally dry flood proofing classifications in the
State Building Code. Structurally dry flood proofing must meet the FP-
S or FP -2 flood proofing classification in the State Building Code and
this shall require making the structure watertight with the walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy. Structures flood
proofed to the FP -3 or FP -4 classification shall not be permitted.
4. When at any one time more than 1,000 cubic yards of fill or other
similar material is located on a parcel for such activities as on -site
storage, landscaping, sand and gravel operations, landfills, roads, dredge
spoil disposal or construction of flood control works, an
erosion/sedimentation control plan must be submitted unless the
community is enforcing a state approved shoreland management
ordinance. In the absence of a state approved shoreland ordinance, the
plan must clearly specify methods to be used to stabilize the fill on site
for a flood event at a minimum of the 100 -year or regional flood event.
The plan must be prepared and certified by a registered professional
engineer or other qualified individual acceptable to the Governing
Body. The plan may incorporate alternative procedures for removal of
the material from the flood plain if adequate flood warning time exists.
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 Governing
Body.
6. The provisions of Section 5.5 of this Ordinance shall also apply.
E. Standards for All Flood Fringe Uses:
1. All new principal structures must have vehicular access at or above an
elevation not more than two (2) feet below the regulatory flood
protection elevation. If a variance to this requirement is granted, the
Board of Adjustment must specify limitations on the period of use or
occupancy of the structure for times of flooding and only after
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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 and velocity such that when
multiplying the depth (in feet) times velocity (in feet per second) the
product number exceeds four (4) 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 Subd.5.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 flood plain areas.
4. 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. Flood plain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining flood plain of any tributary
watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the Official Zoning Map.
6. Standards for recreational vehicles are contained in Subd.9.C.
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.
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Subd. 6. General Flood Plain District
A. Permissible Uses:
1. The uses listed in Subd.4.A of this Ordinance shall be
permitted uses.
2. All other uses shall be subject to the floodway /flood
fringe evaluation criteria pursuant to Subd.6.B below. Subd.4.shall apply if the
proposed use is in the Floodway District and Subd.5.shall apply if the proposed
use is in the Flood Fringe District.
B. Procedures for Floodway and Flood Fringe Determinations Within the General
Flood Plain District.
1. Upon receipt of an application for a permit or other approval within the
General Flood Plain 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 Floodway or Flood Fringe District.
a. A typical valley cross - section(s) 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.
b. Plan (surface view) showing elevations or contours of the ground,
pertinent structure, fill, or storage elevations, the size, location, and spatial
arrangement of all proposed and existing structures on the site, and the
location and elevations of streets.
C. Photographs showing existing land uses, vegetation upstream and
downstream, and soil types.
d. 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.
2. 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 proposed use is in the Floodway or Flood Fringe District
and to determine the regulatory flood protection elevation. Procedures consistent
with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of
Federal Regulations Part 65 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
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Resources' Area Hydrologist prior to commencing the analysis. The designated
engineer or expert shall:
a. Estimate the peak discharge of the regional flood.
b. Calculate the water surface profile of the regional
flood based upon a hydraulic analysis of the stream channel and
overbank areas.
C. Compute the floodway necessary to convey or store the regional
flood without increasing flood stages more than 0.5 foot. A lesser stage
increase than .5' 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.
3. The Zoning Administrator shall present the technical evaluation and findings of the
designated engineer or expert to the City Council. The City Council must formally
accept the technical evaluation and the recommended Floodway and/or Flood
Fringe District boundary or deny the permit application. The City 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 Floodway and
Flood Fringe District Boundaries have been determined, the City Council shall
refer the matter back to the Zoning Administrator who shall process the permit
application consistent with the applicable provisions of Subd.4. and 5.of this
Section.
Subd.7. Subdivisions
A. Review Criteria: No land shall be subdivided which is unsuitable for the
reason of flooding, inadequate drainage, water supply or sewage treatment
facilities. All lots within the flood plain districts shall be able to contain a
building site outside of the Floodway District at or above the regulatory
flood protection elevation. All subdivisions shall have water and sewage
treatment facilities that comply with the provisions of this Section and have
road access both to the subdivision and to the individual building sites no
lower than two feet below the regulatory flood protection elevation. For all
subdivisions in the flood plain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required
elevation of all access roads shall be clearly labeled on all required
subdivision drawings and platting documents.
B. Floodway/Flood Fringe Determinations in the General Flood Plain District:
In the General Flood Plain District, applicants shall provide the information
required in Subd.6.B of this Ordinance to determine the 100 -year flood
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elevation, the Floodway and Flood Fringe District boundaries 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 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.
Subd. 8. Public Utilities, Railroads, Roads and Bridges
A. Public Utilities. All public utilities and facilities such as gas, electric,
sewer, and water supply systems to be located in the flood plain shall be
flood - proofed in accordance with the State Building Code or elevated to
above the Regulatory Flood Protection Elevation.
B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be
located within the flood plain shall comply with Subd. 4. and 5. of this
Section. 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 such 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 transportation services would not endanger the public health
or safety.
C. On -site Sewage Treatment and Water Supply Systems. Where public
utilities are not provided: 1) On -site water supply systems must be
designed to minimize or eliminate infiltration of flood waters into the
systems; and 2) New or replacement on -site sewage treatment systems must
be designed to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters and they shall
not be subject to impairment or contamination during times of flooding.
Any sewage treatment system designed in accordance with the State's
current statewide standards for on -site sewage treatment systems shall be
determined to be in compliance with this Section.
Subd. 9. Manufactured Homes and Manufactured Home Parks and Placement of
Recreational Vehicles.
A. New manufactured home parks and expansions to existing manufactured home
parks shall be subject to the provisions placed on subdivisions by Subd.7. of
this Section.
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B. The placement of new or replacement manufactured homes in existing
manufactured home parks or on individual lots of record that are located in
flood plain districts will be treated as a new structure and may be placed only if
elevated in compliance with Subd.5. of this Section. If vehicular road access
for pre- existing manufactured home parks is not provided in accordance with
Subd.E.l, then replacement manufactured homes will not be allowed until the
property owner(s) develops a flood warning emergency plan acceptable to the
Governing Body.
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.
C. Recreational vehicles that do not meet the exemption criteria specified in
Subd.9.C.1. below shall be subject to the provisions of this Ordinance and as
specifically spelled out in Subd.9.C.3 below.
1. Exemption - Recreational vehicles are exempt from the provisions of this
Ordinance if they are placed in any of the areas listed in Subd.9.C.2 below
and further they meet the following criteria:
a. Have current licenses required for highway use.
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 recreational vehicle parks and the recreational
vehicle has no permanent structural type additions attached to it.
c. The recreational vehicle and associated use must be permissible in any
pre- existing, underlying zoning use district.
2. Areas Exempted For Placement of Recreational Vehicles:
a. Individual lots or parcels of record.
b. Existing commercial recreational vehicle parks or campgrounds.
c. Existing condominium type associations.
3. Recreational vehicles exempted in Subd.9.C.1 lose this exemption when
development occurs on the parcel exceeding $500 for a structural addition
to the recreational vehicle or exceeding $500 for an accessory structure such
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as a garage or storage building. The recreational vehicle and 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 Subd.4. and 5. There shall be no development or
improvement on the parcel or attachment to the recreational vehicle that
hinders the removal of the recreational vehicle to a flood free location
should flooding occur.
New commercial recreational vehicle parks or campgrounds and new
residential type subdivisions and condominium associations and the
expansion of any existing similar use exceeding five (5) units or dwelling
sites shall be subject to the following:
a. Any new or replacement recreational vehicle will be allowed in the
Floodway or Flood Fringe Districts provided said recreational 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 Subd.5.E.1 of this Section. No fill placed in the floodway to meet
the requirements of this Section shall increase flood stages of the 100 -
year or regional flood.
b. All new or replacement recreational vehicles not meeting the criteria of
(a) above may, as an alternative, be allowed as a conditional use if in
accordance with the following provisions and the provisions of 10.1) of
this Section. The applicant must submit an emergency plan for the safe
evacuation of all vehicles and people during the 100 -year flood. Said
plan shall be prepared by a registered engineer or other qualified
individual, shall demonstrate that adequate time and personnel exist to
carry out the evacuation, and shall demonstrate the provisions of
Subd.9.C.1(a) and (b) of this Ordinance will be met. All attendant
sewage and water facilities for new or replacement recreational vehicles
must be protected or constructed so as to not be impaired or
contaminated during times of flooding in accordance with Subd.8.0 of
this Section.
Subd.10. Administration
A. Zoning Administrator: A Zoning Administrator or other official designated by
the Governing Body shall administer and enforce this Ordinance. If the Zoning
Administrator finds a violation of the provisions of this Ordinance the Zoning
Administrator shall notify the person responsible for such violation in
accordance with the procedures stated in Subd. 12. Permit Requirements:
1. Permit Required. A Permit issued by the Zoning Administrator in
conformity with the provisions of this Ordinance shall be secured prior to
the erection, addition, modification, rehabilitation (including normal
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maintenance and repair), or alteration of any building, structure, or portion
thereof; prior to the use or change of use of a building, structure, or land;
prior to the construction of a dam, fence, or on -site septic system; prior to
the change or extension of a nonconforming use; prior to the repair of a
structure that has been damaged by flood, fire, tornado, or any other source;
and prior to the placement of fill, excavation of materials, or the storage of
materials or equipment within the flood plain.
Application for Permit. Application for a permit shall be made in duplicate
to the Zoning Administrator on forms furnished by the Zoning
Administrator 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 to the stream
channel.
3. State and Federal Permits. Prior to granting a 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. Certificate of Zoning Compliance for a New, Altered, or Nonconforming
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 or 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 Ordinance.
5. Construction and Use to be as Provided on Applications, Plans, Permits,
Variances and Certificates of Zoning Compliance. Permits, conditional use
permits, or certificates of zoning compliance 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, arrangement, or construction. Any use, arrangement, or construction at
variance with that authorized shall be deemed a violation of this Ordinance,
and punishable as provided by Subd.12. of this Section.
6. Certification. 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 Ordinance. Flood proofing measures
shall be certified by a registered professional engineer or registered
architect.
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Record of First Floor Elevation. The Zoning Administrator shall maintain a
record of the elevation of the lowest floor (including basement) of all new
structures and alterations or additions to existing structures in the flood
plain. The Zoning Administrator shall also maintain a record of the
elevation to which structures or alterations and additions to structures are
flood proofed.
Notifications for Watercourse Alterations. The Zoning Administrator shall
notify, in riverine situations, adjacent communities and the Commissioner
of the Department of Natural Resources prior to the community authorizing
any alteration or relocation of a watercourse. If the applicant has applied
for a permit to work in the beds of public waters pursuant to Minnesota
Statute, Chapter 103G, this shall suffice as adequate notice to the
Commissioner of Natural Resources. A copy of said notification shall also
be submitted to the Chicago Regional Office of the Federal Emergency
Management Agency (FEMA).
9. Notification to FEMA When Physical Changes Increase or Decrease the
100 -year Flood Elevation. As soon as is practicable, but not later than six
(6) months after the date such supporting information becomes available,
the Zoning Administrator shall notify the Chicago Regional Office of
FEMA of the changes by submitting a copy of said technical or scientific
data.
B. City Council
Rules. The City Council shall adopt rules for the conduct of business and
may exercise all of the powers conferred on such Councils by State law.
Administrative Review. The City Council shall hear and decide appeals
where it is alleged there is error in any order, requirement, decision, or
determination made by an administrative official in the enforcement or
administration of this Section.
Variances. The City Council may authorize upon appeal in specific cases
such relief or variance from the terms of this Section as will not be contrary
to the public interest and only for those circumstances such as hardship,
practical difficulties or circumstances unique to the property under
consideration, as provided for in the respective enabling legislation for
planning and zoning for cities or counties as appropriate. In the granting of
such variance, the City Council shall clearly identify in writing the specific
conditions that existed consistent with the criteria specified in this Section,
any other zoning regulations in the City of Corcoran, and in the respective
enabling legislation that justified the granting of the variance. 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
Title X: 1050 -48
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August 24, 2009
Corcoran Zoning Ordinance
protection elevation for the particular area, or permit standards lower than
those required by state law. The following additional variance criteria of
the Federal Emergency Management Agency must be satisfied:
a. Variances shall not be issued by a community within any designated
regulatory floodway if any increase in flood levels during the base flood
discharge would result.
b. Variances shall only be issued by a community upon (i) a showing of
good and sufficient cause, (ii) a determination that failure to grant the
variance would result in exceptional hardship to the applicant, and (iii) a
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public,
or conflict with existing local laws or ordinances.
c. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
4. Hearings. Upon filing with the City Council of an appeal from a decision of
the Zoning Administrator, or an application for a variance, the City Council
shall fix a reasonable time for a hearing and give due notice to the parties in
interest as specified by law. The City Council shall submit by mail 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.
5. Decisions. The City Council shall arrive at a decision on such appeal or
variance within 60 days. In passing upon an appeal, the City Council may,
so long as such action is in conformity with the provisions of this Section,
reverse or affirm, wholly or in part, or modify the order, requirement,
decision or determination of the Zoning Administrator or other public
official. It shall make its decision in writing setting forth the findings of
fact and the reasons for its decisions. In granting a variance the Board of
Adjustment may prescribe appropriate conditions and safeguards such as
those specified in Subd.10.6, which are in conformity with the purposes of
this Ordinance. Violations of such conditions and safeguards, when made a
part of the terms under which the variance is granted, shall be deemed a
violation of this Ordinance punishable under Subd.12. A copy of all
decisions granting variances shall be forwarded by mail to the
Commissioner of Natural Resources within ten (10) days of such action.
6. Appeals. Appeals from any decision of the City Council may be made, and
as specified in this community's official controls and also by Minnesota
Statutes.
Title X: 1050 -49
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August 24, 2009
Corcoran Zoning Ordinance
Flood Insurance Notice and Record Keeping. 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) Such construction below the 100 -year or regional
flood level increases risks to life and property. Such 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.
C. Conditional Uses. The City Council shall hear and decide applications for
conditional uses permissible under this Ordinance. Applications shall be
submitted to the Zoning Administrator who shall forward the application to
City Council for consideration.
1. Hearings. Upon filing with the City Council an application for a
conditional use permit, the City Council shall submit by mail to the
Commissioner of Natural Resources a copy of the application for proposed
conditional use sufficiently in advance so that the Commissioner will
receive at least ten days notice of the hearing.
Decisions. The City Council shall arrive at a decision on a conditional use
within 60 days. In granting a conditional use permit the City Council shall
prescribe appropriate conditions and safeguards, in addition to those
specified in Subd.10, which are in conformity with the purposes of this
Ordinance. Violations of such conditions and safeguards, when made a part
of the terms under which the conditional use permit is granted, shall be
deemed a violation of this Ordinance punishable under Subd.12. A copy of
all decisions granting conditional use permits shall be forwarded by mail to
the Commissioner of Natural Resources within ten (10) days of such action.
3. Procedures to be followed by the City Council in Passing on Conditional
Use Permit Applications Within all Flood Plain Districts.
a. Require the applicant to furnish such of the following information
and additional information as deemed necessary by the City Council for
determining the suitability of the particular site for the proposed use:
Plans in triplicate 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 stream channel; and
ii. Specifications for building construction and materials, flood
proofing, filling, dredging, grading, channel improvement, storage
of materials, water supply and sanitary facilities.
Title X: 1050 -50
Overlay Districts
August 24, 2009
Corcoran Zoning Ordinance
b. Transmit one copy of the information described in subsection (a) to a
designated engineer or other expert person or agency for technical
assistance, where necessary, in evaluating the proposed project in
relation to flood heights and velocities, the seriousness of flood damage
to the use, the adequacy of the plans for protection, and other technical
matters.
c. Based upon the technical evaluation of the designated engineer or
expert, the City Council shall determine the specific flood hazard at the
site and evaluate the suitability of the proposed use in relation to the
flood hazard.
4. Factors Upon Which the Decision of the City Council Shall Be Based. In
passing upon conditional use applications, the City Council shall consider
all relevant factors specified in other sections of this Section, 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 or they may block bridges, culverts or other
hydraulic structures.
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
ik 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 flood
plain management program for the area.
Title X: 1050 -51
Overlay Districts Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
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
1. Such other factors which are relevant to the purposes of this Section.
5. Time for Acting on Application. The City Council shall act on an application in
the manner described above within 60 days from receiving the application, except
that where additional information is required pursuant to 10.44 of this Ordinance.
The City Council shall render a written decision within 30 days from the receipt of
such additional information.
6. Conditions Attached to Conditional Use Permits. Upon consideration of the factors
listed above and the purpose of this Ordinance, the City Council shall attach such
conditions to the granting of conditional use permits as it deems necessary to fulfill
the purposes of this Ordinance. Such conditions may include, but are not limited
to, the following:
a. Modification of waste treatment 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, compensatory storage,
dikes, levees, and other protective measures.
e. Flood proofing measures, in accordance with the State Building Code and this
Ordinance. 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.
Subd. 11. Nonconforming Uses.
A. A structure or the use of a structure or premises which was lawful before the
passage or amendment of this Ordinance but which is not in conformity with the
provisions of this Ordinance may be continued subject to the following conditions.
Historic structures, as defined in Subd.2.H of this Ordinance, shall be subject to the
provisions of Subd.11.13 and C of this Ordinance.
B. No such use shall be expanded, changed, enlarged, or altered in a way that
increases its nonconformity.
Title X: 1050 -52
Overlay Districts
August 24, 2009
Corcoran Zoning Ordinance
C. Any structural alteration or addition to a nonconforming structure or
nonconforming 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 thru FP -4 floodproofing classifications) allowable in the State Building Code,
except as further restricted in 11.D and 11.G below.
D. The cost of any structural alterations or additions to any nonconforming structure
over the life of the structure shall not exceed 50 percent of the market value of the
structure unless the conditions of this Section are satisfied. The cost of all
structural alterations and additions constructed since the adoption of the City's
initial flood plain 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 percent of the current market value of the structure, then the
structure must meet the standards of Subd.4. or 5. of this Ordinance for new
structures depending upon whether the structure is in the Floodway or Flood Fringe
District, respectively.
E. If any nonconforming use is discontinued for 12 consecutive months, any future use
of the building premises shall conform to this Ordinance. The Assessor shall notify
the Zoning Administrator in writing of instances of nonconforming uses that have
been discontinued for a period of 12 months.
F. If any nonconforming use or structure is substantially damaged, as defined in
Subd2.Hof this Ordinance, it shall not be reconstructed except in conformity with
the provisions of this Ordinance. The applicable provisions for establishing new
uses or new structures in Sudb.4., 5. or 6. will apply depending upon whether the
use or structure is in the Floodway, Flood Fringe or General Flood Plain District,
respectively.
G. If a substantial improvement occurs, as defined in Subd2.H of this Ordinance, from
any combination of a building addition to the outside dimensions of the existing
building or a rehabilitation, reconstruction, alteration, or other improvement to the
inside dimensions of an existing nonconforming building, then the building
addition (as required by Subd11.B above) and the existing nonconforming building
must meet the requirements of Subd.4. or 5. of this Ordinance for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe District,
respectively.
Subd. 12. Penalties for Violation.
A. Violation of the provisions of this Ordinance or failure to comply with any of its
requirements (including violations of conditions and safeguards established in
connection with grants of variances or conditional uses) shall constitute a
misdemeanor and shall be punishable as defined by law.
Title X: 1050 -53
Overlay Districts
August 24, 2009
Corcoran Zoning Ordinance
B. Nothing herein contained shall prevent the City of Corcoran from taking such other
lawful action as is necessary to prevent or remedy any violation. Such actions may
include but are not limited to:
In responding to a suspected Ordinance violation, the Zoning Administrator and
Local Government may utilize the full array of enforcement actions available to
it including but not limited to prosecution and fines, injunctions, after - the -fact
permits, orders for corrective measures or a request to the National Flood
Insurance Program for denial of flood insurance availability to the guilty party.
The Community must act in good faith to enforce these official controls and to
correct Ordinance violations to the extent possible so as not to jeopardize its
eligibility in the National Flood Insurance Program.
2. When an Ordinance violation is 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.
The Zoning Administrator shall notify the suspected party of the requirements
of this Ordinance and all other official controls and the nature and extent of the
suspected violation of these controls. If the structure and/or use is under
construction or development, the Zoning Administrator may order the
construction or development immediately halted until a proper permit or
approval is granted by the Community. If the construction or development is
already completed, then the Zoning Administrator may either: (1) issue an order
identifying the corrective actions that must be made within a specified time
period to bring the use or structure into compliance with the official controls; or
(2) notify the responsible party to apply for an after- the -fact
permit /development approval within a specified period of time not to exceed
30 -days.
4. If the responsible party does not appropriately respond to the Zoning
Administrator within the specified period of time, each additional day that
lapses shall constitute an additional violation of this Ordinance and shall be
prosecuted accordingly. The Zoning Administrator shall also upon the lapse of
the specified response period notify the landowner to restore the land to the
condition which existed prior to the violation of this Ordinance.
Subd.13. Amendments.
The flood plain designation on the Official Zoning Map shall not be removed from
flood plain areas unless it can be shown that the designation is in error or that the area
Title X: 1050 -54
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August 24, 2009
Corcoran Zoning Ordinance
has been filled to or above the elevation of the regulatory flood protection elevation
and is contiguous to lands outside the flood plain. Special exceptions to this rule may
be permitted by the Commissioner of Natural Resources if he determines that, through
other measures, lands are adequately protected for the intended use.
All amendments to this Ordinance, including amendments to the Official Zoning Map,
must be submitted to and approved by the Commissioner of Natural Resources prior to
adoption. Changes in the Official Zoning Map must meet the Federal Emergency
Management Agency's (FEMA) Technical Conditions and Criteria and must receive
prior FEMA approval before adoption. The Commissioner of Natural Resources must
be given 10 -days written notice of all hearings to consider an amendment to this
Ordinance and said notice shall include a draft of the Ordinance amendment or
technical study under consideration.
(Ord. 202, passed 08- 26 -04; Ord. 211, passed 12- 21 -04)
Title X: 1050 -55
Overlay Districts Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
ME
Em
Title X: 1050 -56
Deleted: 1050.040 —Downtown
Overlay District¶
I
Subd. 1. Purpose. The purpose of the
Corcoran Downtown Overlay District
(DOD) is to provide for the orderly and
integrated development of a high
quality downtown. The Overlay
District applies only to the portion of
the downtown that lies on the east side
of County Road 116 and identified on
the Zoning Map. ¶
1
Subd. 2. Intent. The intent of this
overlay district is to:¶
Establish an identifiable downtown for
the City of Corcoran.¶
Create an orderly and integrated
development of a high - quality
downtown for Corcoran that includes a
mix of shops, restaurants, offices,
housing, recreation, community
facilities, parks and open space, all
within a walkable area designed to be
both pedestrian - friendly and auto -
accessible. $
Provide pedestrian - friendly
environments that include connections
between civic spaces, retail and
adiacent residential neighborhoods.¶
I
Promote high - quality architectural and
site design.¶
Provide standards for development
within this district.¶
I
Subd. 3. Application and Reference
Materials. The Downtown Overlay
District (DOD) applies to the designated
area within the Southeast Area of the Citv
of Corcoran — refer to the Zoning Map or
the Southeast District Plan (located in the
Appendix) mapped boundaries.¶
The DOD is where development will be
most concentrated, and where controls
are needed to produce the traditional
"Main Street" qualities that Corcoran
is seeking. In addition to this section,
the General Design Guidelines, the
Southeast District Plan and Design
Guidelines and the Downtown Design
Guidelines (all in Appendix A) provide
more information about the design of
street networks, site planning,
placement of buildings, architecture,
lighting, sianage, materials, and design
of the public realm. Special design
features and requirements in these
sections shall be incorporated as
applicable to respective properties
within the Downtown Overlay District.
4
Subd. 4. Permitted and Non
Permitted Uses. Areas within the DOD
shall be developed as Planned U „ 13
Performance Standards Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
SECTION 1060 - PERFORMANCE STANDARDS
1060.010 - Exterior Storage
Subd. 1. Outside Storage. As otherwise regulated, all outdoor storage is prohibited
except:
A. Clothes line poles and wires.
B. Construction and landscaping material if they are used on the premises for
construction within 6 months.
C. Swings, slides and other play equipment.
D. Outdoor furniture and lawn and garden equipment.
E. Wood for burning in a fireplace, stove or furnace provided it is stored as
follows:
1. In a neat and secure stack, not exceeding 4 feet.
2. The wood stack is not infested with rodents.
3. The wood is not kept in a front yard.
F. Storage of recreational vehicles and unoccupied trailers less than 30 feet
long, boats, all- terrain vehicles and snowmobiles may be stored in the side
or rear yard, provided they comply with a minimum setback of 10 feet.
G. Agricultural equipment and materials, if these are used on the premises
within a period of 12 months. Except that properties that are used for "true
fanning" as defined by the City Code are exempt from this requirement.
Subd. 2. Non - Residential Zoning Districts.
A. Outside Storage /Display. Exterior storage and display shall be governed by
the respective zoning district in which such use is located.
B. Additional Standards. All exterior storage shall be located in the rear or
side yard and shall be screened so as not to be visible from adjoining
properties and public streets except for the following:
1. Merchandise being displayed for sale in accordance with zoning district
requirements.
Title X: 1060 -1
Performance Standards Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
2. Materials and equipment currently being used for construction on the
premises.
Subd. 3. All Zoning Districts.
A. Except for temporary construction trailers and mobile services operated by
public service agencies (i.e., bookmobile, bloodmobiles, etc.) as allowed by
the City, and trailers parked in a designated and improved loading area, no
vehicle may be used for office, business, industrial manufacturing, testing,
or storage of items used with or in a business, commercial or industrial
enterprise, unless otherwise approved by the Zoning Administrator.
B. The City Council may order the owner of any property to cease or modify
open storage uses including existing uses, provided it is found that such use
constitutes a threat to the public health, safety, convenience, or general
welfare.
(Ord. 231, passed 02- 09 -06)
1060.020 — Refuse
Subd. 1. Storage of Garbage and Trash.
A. No exterior incineration of trash or garbage is permissible.
B. No exterior storage of trash or garbage is permissible except in an accessory
building enclosed by walls and roof or in closed containers within a totally
screened area. Covered garbage cans in agricultural and single - family
districts are exempt from these screening requirements.
C. Any accumulation of refuse not stored in containers which comply with City
Code, or any accumulation of refuse including car parts which has remained
on a property for more than 30 days is hereby declared to be a nuisance and
may be abated by order of the Zoning Administrator, as provided by
Minnesota Statutes.
Subd. 2. Storage of Vehicles.
A. Except where otherwise allowed as exterior storage or in a zoning district,
trucks with a gross vehicle weight rating (GVWR) of 12,000 pounds or
more, or greater than 30 feet in length, as well as contracting or excavating
equipment, storage trailers, and mobile storage compartments shall not be
parked, stored or otherwise located on any property within the City unless
being used in conjunction with a temporary service benefiting the premises.
Title X: 1060 -2
Performance Standards
August 24, 2009
Corcoran Zoning Ordinance
B. Parking of Commercial Vehicles. In the commercial or business park zoning
districts, up to 3 commercial vehicles such as delivery and service trucks up
to 12,000 pounds gross vehicle weight rating (GVWR) may be parked
without screening if such vehicles relate to the principal use. Construction
equipment, trailers, and vehicles over 12,000 pounds GVWR shall require
screening in compliance with this Chapter.
C. Passenger automobiles and trucks not currently licensed by the State, or
which are incapable of movement under their own power due to mechanical
deficiency, which are parked or stored outside for a period in excess of 30
days, and all materials stored outside in violation of the City Ordinances are
considered refuse or junk and shall be disposed of pursuant to City
regulations.
D. No motor vehicle repair work of any kind shall be permitted in conjunction
with exposed off - street parking facilities, except for minor repairs of
vehicles owned by the occupant or resident of the principal use for which
the parking space is intended. No exterior storage of car parts is allowed at
any time.
1060.030 - ScreeninE
Subd.1. Screening of Mechanical Equipment. All rooftop and ground mounted
mechanical equipment of multi - family and non - residential buildings shall
comply with the following standards:
A. All rooftop and ground mounted mechanical equipment shall be buffered so
as to mitigate noise in compliance with Section 1060.090 of this Chapter.
B. All rooftop and ground mounted mechanical equipment shall be designed
(including exterior color) and located so to be aesthetically harmonious and
compatible with the building. Screening of the equipment may be required
where the design, color, and location of the equipment are found to not
effectively buffer noise or provide aesthetic harmony and compatibility as
observed by a 6 -foot tall individual standing at ground level on the adjacent
property or public right -of -way. Screening shall be constructed of durable
materials which are aesthetically compatible with the structure and which
may be an integral part of the structure. Applicable requirements for access
to the equipment shall be observed in the design and construction of the
screening.
C-Rooftop mechanical equipment less than 3 feet in height shall be exempt
from the screening requirements of this Chapter.
Title X: 1060 -3
Performance Standards
August 24, 2009
1060.040 - Li2htim
Corcoran Zoning Ordinance
Subd. 1. Except for single- and two - family homes located within the residential zoning
districts, all exterior lighting shall comply with the following standards:
A. Glare, whether direct or reflected, as differentiated from general
illumination shall not be visible beyond the limits of the site from which it
originates.
B_No light which is flashing, revolving or otherwise resembles a traffic -
control signal shall be allowed in any area where it could create a hazard for
passing vehicular traffic.
C. Maximum Intensity of Lighting and Glare:
L.--Any light or combination of lights shall not exceed one foot - candle
(meter reading) as measured from the property line or the centerline of a
public street.
2-Any lighting shall be arranged so as not to produce glare beyond the
property line. Lenses, deflectors, shields, louvers, or prismatic control
devices shall be used to eliminate glare.
D. General Performance Standards:
L Light fixtures and freestanding luminaires shall have a cutoff angle of
less than or equal to 90 degrees.
2. The height of a freestanding luminaire shall not exceed 30 feet or extend
above the roof line of the principal building, whichever is less.
3. Freestanding luminaires used for outdoor athletic fields and recreation
areas that exceed the height limitation may be approved by conditional
use permit.
4. All canopy lighting for motor fuel stations shall be recessed into the
canopy.
5. Accent lighting used to highlight building facades, foliage, or selected
architectural features shall be permitted provided the light source is
shielded.
Any lighting in existence before the effective date of this ordinance that
does not comply with the requirements shall be considered legally non-
conforming. However, if a property owner proposes to replace 50
percent or more of the existing exterior light fixtures or standards in any
Title X: 1060 -4
Performance Standards Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
one year period, the fixtures or standards must be replaced in
conformance with this Chapter.
1060.050 - Building Standards
Subd. 1. Building Type and Construction.
A. General Provisions.
1. Quality. Buildings in all zoning districts shall maintain a high standard
of architectural and aesthetic compatibility with surrounding properties
to ensure that they will not adversely impact the property values of the
abutting properties or adversely impact the public health, safety and
general welfare.
2. Residential District Standards
a. All residential structures shall be finished with materials
comparable in grade and quality to the following:
i. Face Brick.
ii. Natural stone.
iii. Wood, provided the surfaces are finished for exterior use and
wood of proven exterior durability is used, such as cedar,
redwood, cypress.
iv. Stucco.
v. Vinyl siding
vi. Fiberous cement siding
vii. Any metal siding upon residential structure shall have Deleted: < # >Other materials deemed
horizontal sidin edges and overla ing sections no wider than appropriate and subject to approval by the
g -- � Zoning Administrator. ¶
twelve (12) inches. ¶
viii. Other materials deemed appropriate and subject to approval by
the Zoning Administrator.
b. Roof Material. Dwellings shall have an earth covered,
composition, wood shingled (,include shakes), concrete, clay or
ceramic -tiled roof. In addition, metal tile and standing seam metal
Title X: 1060 -5
Performance Standards
August 24, 2009
Corcoran Zoning Ordinance
roof coverings may be allowed by pproval of the Zoning
Administrator via a Certificate of Compliance, provided theme
(i) meet the standards adopted by the Minnesota State
Residential Code
(ii) Have concealed fasteners
(iii) Is hihg_ quality commercial thickness /weight
(iv) has been treated with a factory pplied color coating system
against an, fig or degradation. �eieted: degreaation
c. All residential structures shall have permanent concrete or wood
foundations, which comply with the Uniform Building Code as
adopted by the State of Minnesota and which is solid for the
complete circumference of the house.
d. All residential dwellings must be built in conformance with the
Uniform Building Code as adopted in the State of Minnesota.
e. All residential dwellings shall have roof overhangs which extend a
minimum of one (1) foot from the exterior wall of the structure.
3. Non - Residential District Standards
a. In the CR zoning district, 50% of any wall surface (excludes
overhead doors) may consist of curtain wall panels of steel,
fiberglass and aluminum (non - structural, non -load bearing),
provided such panels are factory fabricated and finished with a
durable non -fade surface and their fasteners are of a corrosion
resistant design.
b. Finishes. Exterior building finishes in all districts except the CR
district shall consist of materials comparable in grade and quality to
the following:
ix. Face Brick.
x. Natural stone.
xi. Decorative concrete block or integral colored block.
xii. Cast in place concrete or pre -cast concrete panels.
xiii. Wood, provided the surfaces are finished for exterior use and
wood of proven exterior durability is used, such as cedar,
Title X: 1060 -6
Performance Standards
August 24, 2009
Corcoran Zoning Ordinance
redwood, cypress. Up to 20% of any wall surface may consist
of wood materials
xiv. Curtain wall panels of steel, fiberglass and aluminum (non-
structural, non -load bearing), provided such panels are factory
fabricated and finished with a durable non -fade surface and
their fasteners are of a corrosion resistant design. Up to 20%
of any wall surface may consist of the materials outlined
herein (excludes overhead doors).
xv. Glass curtain wall panels.
xvi. Stucco.
xvii. Other materials deemed appropriate and subject to the
provisions as outlined in the CUP provisions.
d. Roof materials. For all non - residential structures roof materials shall be
reviewed as part of the site plan. Metal roofs with a pitch ,greater than 2:12
shall not be permitted except as provided Subd. 1(A)5 of this ordinance.
Additions or Alterations. When an expansion of an existing
structure is proposed, the existing facade shall be ungraded so
that 25% or more of the existing structure conforms to the
exterior building material requirements as outlined herein,
unless otherwise approved by Conditional Use Permit. The
improvements shall be concentrated on the side facing the
public road and /or the side facing an area zoned for residential
use.
ii. Colors to be used shall be "earth tone" and samples shall be
provided for consideration by the City Council.
Accessory Buildings.
Accessory buildings shall comply with the standards identified in
Section 1030.020 of this ordinance.
b. Accessory buildings located on parcels 3 acres in size or smaller,
must have identical roof and siding as the principal structure.
c. Agricultural buildings with metal siding and roofing may be
allowed by approval of the Zoning Administrator via a Certificate of
Compliance, provided theme
Title X: 1060 -7
Performance Standards Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
i. meet the standards adopted by the Minnesota State Residential
Code
ii. Have concealed fasteners
iii. Is high quality commercial thickness /weight
iv. has been treated with a factory applied color coating system
against any fading or degradation.
Exceptions to the provisions of this section may be granted as a
conditional use permit subject to the process outlined in Section 1070.020
and provided that:
a. The proposed building and material maintains the quality, durability
and value intended by the Ordinance.
b. The proposed building is compatible and in harmony with other
existing structures within the district and immediate geographic area.
c. The provisions of Section 1070.020 are considered and determined to
be satisfied.
Subd. 2. Prohibited Materials. Prohibited materials include face materials that rapidly
deteriorate or become unsightly such as exposed cinder blocks, galvanized metal,
unfinished tile, unfinished brick or buildings comprised of exclusively metal.
Subd. 3. Number of Buildings. No more than one principal building shall be located on a
single family residential lot, except in the case of operating farms as provided for
herein. No more than one principal building shall be located on a multiple family
residential lot or non - residential lot, except by conditional use permit. The term
principal building shall be given its common, ordinary meaning as defined in
Section 1020.020 of this Chapter.
1060.060 - Parking and Loading
Subd. 1. General Provisions.
A. Site Plans. All site plans submitted for a structure requiring parking spaces
and/or loading facilities shall show or designate the parking and/or loading
area(s), number of parking spaces, and type of surfacing, screening, drainage,
curbing, sidewalks, and other improvements which may be required to be
installed. Said plan shall be a part of the building permit for any such
structure, and except for one and two family dwellings, no final certificate of
occupancy shall be issued until all items shown on the plan for parking and
loading facilities have been completed, unless an agreement supported by a
financial security is provided for the completion of said plan.
Title X: 1060 -8
Deleted: < # >Roof materials. For all
commercial structures roof materials shall
be reviewed as part of the site plan.
Metal roofs with a pitch greater than 2:12
shall not be permitted except as provided
Subd. 1(A)5 of this ordinance. ¶
< # >Additions or Alterations. When an
expansion of an existing structure is
proposed, the existing facade shall be
upgraded so that 25% or more of the
existing structure conforms to the exterior
building material requirements as
outlined herein, unless otherwise
approved by Conditional Use Permit.
The improvements shall be concentrated
on the side facing the public road and/or
the side facing an area zoned for
residential use.¶
< # >Colors to be used shall be "earth
tone" and samples shall be provided for
consideration by the City Council.¶
Performance Standards
August 24, 2009
Corcoran Zoning Ordinance
B_All site plans for single family homes must provide for location of a one stall
attached garage, whether or not construction is intended.
C. Change in Land Use. When the site intensity or use of a building and/or
property is increased with consequential effect upon the parking requirements
as prescribed in this section, the parking requirements as prescribed herein
shall be used to provide for such increase in the site intensity and/or use.
D. Reduction of Existing Off - Street Parking Space or Lot Area. Off - street
parking spaces or lot area devoted to parking existing upon the effective date
of this Chapter shall not be reduced in number or size unless said number or
size exceeds the requirements set forth herein for a similar new use.
L.--Handicap Parking. Handicapped parking spaces shall be provided as
applicable pursuant to Minnesota Statutes 168.021, as may be amended.
F_Required accessory off - street parking shall be on the same lot under the same
ownership as the principal use being served, except as provided for under the
provisions of Subd. 2 of this Section.
G. Except for single family and two family dwellings, head -in parking, directly
off of and adjacent to a public street, with each stall having its own direct
access to the public street, shall be prohibited.
Subd.2. Off -Site Parking. Except as otherwise allowed in the Downtown Overlay
District, when parking is provided on a site other than the lot or tract upon which a
principal use is located, said parking area shall be in the ownership of and remain
in the possession of the owner of the principal use for which it is designated. No
authorization for separate parking facilities shall be given until such time as the
City Council is reasonably certain that the ownership and use of the parking area
will continue and that the site will be well maintained. Off -site parking facilities
may only be allowed by conditional use permit and shall be subject to the
following conditions:
A. Ordinance Compliance. Off -site parking shall be developed and maintained in
compliance with all requirements and standards of this Chapter.
B. Access. Reasonable access from off - street parking facilities to the use being
serviced shall be provided as determined by the Zoning Administrator.
!L.--Proximity to Multiple Family Dwelling. The furthest space of an off -site
parking lot for multiple family dwellings shall not be located more than 300
feet (excluding public rights -of -way) from any normally used entrance of the
principal use serviced.
Title X: 1060 -9
Performance Standards
August 24, 2009
Corcoran Zoning Ordinance
D. Proximity for Non - Residential Uses. The furthest space of an off -site parking
lot for non - residential uses shall not be located more than 300 feet (excluding
public rights -of -way) from the main entrance of the principal use being served.
Subd. 3. Parking Design.
A. Surfacing and Drainage. Off - street parking areas for non - residential uses shall
have a perimeter of poured, cast in place, concrete curb around the entire
parking lot and shall be surfaced with asphalt, concrete, or other surface as
approved by the City Engineer. Such areas shall be graded and drained to
dispose of all surface water without damage to adjoining property. These
requirements shall also apply to open sales lots.
B. Gravel Parking Lots. Gravel parking lots shall be prohibited in all areas of the
City except in the Rural Commercial (CR) zoning district. Gravel parking lots
may be provided in the CR district, if all of the following standards are met:
a. The City Engineer has reviewed the grading plan and finds that surface
water is managed in compliance with City and State requirements.
b. A dust control program is provided by the landowner and approved by the
City Council.
c. Handicapped accessible routes are provided on site in compliance with
State and Federal requirements.
d. The gravel parking areas are fully screened to a height of 3 feet from the
public streets and adjoining properties.
e. The commercial development requiring the parking is seasonal in nature
(operates 9 months or less per calendar year).
-�6_Landscaped areas equal to 10 percent of the lot area shall be provided in
parking lots that contain space for 50 or more cars.
7. When an existing business expands its structure by 10 percent or more or a
change in use creates the need for additional parking spaces, the entire parking
area shall be upgraded to meet the provisions contained within this
subdivision.
8. Areas designed for storage purposes only, which are fenced and properly
screened, may be permitted to utilize other durable and dustless surface
materials subject to the approval of the City Council.
9. Off-Street Loading Areas. Loading areas established after March 23, 2004
shall be prohibited within 300 feet of residentially zoned or guided property
Title X: 1060 -10
Performance Standards Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
unless completely screened by an intervening building. Loading areas not
requiring screening by an intervening building shall be screened from adjacent
residentially zoned or guided property by the use of berms, fences, or walls to
provide 100 percent opacity to a height of at least 10 feet. The height of the
screening shall be measured from the grade of the loading areas.
(Ord. 205, passed 10- 28 -04)
Subd. 4. Parking Area Standards.
A. Setbacks.
1. Minimum Parking and Drive Aisle Setbacks shall be as follows:
a. Front — Same as the minimum front yard structure setback in the
zoning district.
b. Side and Rear —10 feet.
2. In the case of properties which abut street easements, applicable setbacks
shall be determined by the Zoning Administrator and relate to roadway
classification as identified in the Corcoran Comprehensive Plan.
B. Calculating Space.
1. Floor Area. The term "floor area" for the purpose of calculating the
number of off - street parking spaces required shall be determined on the
basis of the exterior floor area dimensions of the buildings, structure or use
times the number of floors, minus 10 percent except as may be hereinafter
modified, and where a gross floor area calculation is specified.
2. Computation. When determining the number of off - street parking spaces,
any fraction of a number shall constitute an additional space.
3. Places of Public Assembly. In stadiums, sports arenas, churches and other
places of public assembly in which patrons or spectators occupy benches,
pews or other similar seating facilities, each 18 inches of such seating
facilities shall be counted as one seat for the purpose of determining
parking requirements.
4. Snow Storage in Parking Stalls. Provision shall be made in the parking
area for adequate snow storage or removal in order to ensure that the
required number of spaces is available at all times during the year.
5. Use of Required Area. Required accessory off - street parking spaces in
any district shall not be utilized for open storage, sale or rental of goods, or
Title X: 1060 -11
Performance Standards Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
storage of inoperable vehicles unless approved by the Zoning
Administrator.
C. Design.
1. Pedestrian Provision. All off - street parking areas shall be designed with
due regard to pedestrian circulation. Off - street parking areas shall be
designed such that vehicle and pedestrian circulation is accommodated in a
safe, complementary, and orderly fashion.
2. Dimensional Requirements. Unless otherwise specified in this Chapter,
stall, aisle and driveway design for required off - street parking shall
comply with the following standards:
Minimum Dimensional Requirements for Parkin
Angle of
Parking
Stall Width Parallel to
Aisle
Stall length of
Line
Stall Depth
Aisle Width
450
127"
25'
17'6"
12'
600
10'4"
22'
19'
16'
750
9'3"
20'
19'6"
23'
900
9'
18'6"
18'6"
26'
3. Compact Parking. Up to 20 percent of the parking spaces in a parking lot
may be permanently marked for compact cars only, provided that:
a. The parking lot contains 40 or more off - street parking spaces.
b. All compact car spaces are a minimum of 8 feet in width and 16 feet in
length.
c. Signs and markings, as approved by the City, are placed and
maintained for compact car spaces.
d. All required off - street parking aisle widths are maintained.
e. The compact car stalls do not displace preferred handicap parking stall
locations.
f The design, layout, and location of designated compact car spaces shall
not encourage utilization by oversized vehicles and shall be subject to
approval by the Zoning Administrator.
4_Parking Garages/Parking Within Structures. Required garage parking for
structures containing 3 or more dwelling units shall be provided
underground, under principal structures or in a similar manner to avoid
excessive site coverage. The off - street parking requirement may be
Title X: 1060 -12
Performance Standards Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
furnished by providing fee -free space so designed within the principal
building or structures attached thereto; however, unless provisions are
made, no building permit shall be issued to convert said parking structure
into a dwelling unit or living area or other activity until other adequate
provisions are made to comply with the required off - street parking
provisions of this Chapter. In no case shall on- street parking be utilized to
satisfy the required off - street parking supply.
5_ Parking Ramps.
1. Parking ramps shall be set back from lot lines as required for the
principal building on the lot, or as required for parking spaces specified
by this section, whichever is greater.
2. Except as otherwise approved by the Zoning Administrator, off - street
parking ramps shall be designed in compliance with the applicable
dimensional requirements of Subd. 4 (C)2 of this Section.
6. Street Encroachments. Except in the case of single, two family dwellings,
parking areas shall be designed so that circulation between parking bays or
aisles occurs within the designated parking lot upon the property being
serviced and does not depend upon a public street or alley. Except in the
case of single, two family dwellings, parking area design that requires
backing into the public street is prohibited. Parking spaces in a public
right -of -way shall not be utilized in meeting required off - street parking
standards, except as may be provided in this Chapter.
7. Parking Area Grades. The grade elevation of the required parking area or
portion thereof shall not exceed 5 percent.
8. Driveway Access Minimum. Each property other than single family uses
shall be allowed one driveway access for each 125 feet of street frontage.
All property shall be entitled to at least one driveway access. Single
family uses shall be limited to one driveway access per lot, except when
the property exceeds the required street frontage per zoning district
requirements, a second driveway access may be allowed by approval of
the Zoning Administrator. Except as otherwise approved by the Zoning
Administrator, single family uses shall not access arterial and major
collector streets. In such cases, if a lot does not have frontage upon a local
street and where the Zoning Administrator determines driveway access to
arterial and major collector streets necessary, joint access through the use
of shared curb cuts and access easements shall be utilized to the extent
possible.
9. Street Access. Except as allowed by a conditional use permit or property
subdivision, each lot shall have frontage and access directly onto an
abutting, improved and City accepted public street.
Title X: 1060 -13
Performance Standards Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
10. Lighting. Any lighting used to illuminate an off - street parking area shall
be so arranged as to reflect glare away from adjoining property, adjacent
residential uses and public rights -of -way and be in compliance with
Section 1060.040 of this Chapter.
11. Signs. No sign shall be so located as to restrict the sight lines and orderly
operation and traffic movement within any parking lot. All signs shall be
in conformance with the City Code.
Subd. 5. Location. In the case of residential dwellings, driveways providing access to
garages may qualify as required off - street parking spaces if all of the following
conditions are met:
A. The driveway shall serve a dwelling unit that has use of a two -stall garage.
B. The driveway shall be under the direct control of the dwelling unit served by
the garage.
C. The driveway shall measure at least 22 feet in length between the front of the
garage and the street, roadway or sidewalk; and
D_Parking on the driveway shall not impede pedestrian or traffic circulation or
access to any other dwelling unit, nor shall it adversely affect the ability to
provide public utilities or public safety.
Subd. 6. Pedestrian Circulation. A pedestrian circulation route shall be provided from all
parking areas and loading zones as may be applicable to the entrance of the
building. Such circulation routes shall be surfaced with material such as asphalt,
concrete, or equivalent material determined acceptable by the Zoning
Administrator.
Subd. 7. Maintenance. It shall be the joint and separate responsibility of the owner of the
principal use (or lessee), to use and to maintain in a neat and adequate manner, the
parking space, access way, striping, landscaping, and required fences and to
undertake snow removal.
Subd. 8. Number of Off - Street Parking Spaces Required. The following minimum
number of off - street parking spaces shall be provided and maintained by
ownership, easement, and/or lease for and during the life of the respective uses
hereinafter set forth.
Title X: 1060 -14
Performance Standards
August 24, 2009
Corcoran Zoning Ordinance
Number of Parking Space Re uirements by Land Use
Use
Number of Stalls Required
Residential Uses
Single and Multi- Family
2 spaces per unit plus 1 space for each 5 units
Housing
in an apartment or townhome complex.
Senior Housing
1.5 spaces per dwelling unit
Public /Institutional Uses
Educational Facilities,
One space per classroom plus one additional
elementary and Jr. High
space for each 50 students. Auditorium and
special event space shall be calculated
separately.
Educational Facilities, High
One space per classroom plus one space for
School and post- secondary
each 7 students based on design capacity.
Auditorium and special event space shall be
calculated separately.
Hospitals, Nursing Homes, etc.
One space per 2 beds. Office space shall be
computed separately.
Public Facilities for gathering,
One space for every 4 seats, based on the
including daces of
_
design caRaacity of the facility.
Worship /Assembly, theaters,
civic centers, auditoriums and
stadiums.
Commercial/Industrial Uses
Retail Uses including drive -in
8 parking spaces plus one space for each 200
businesses, banks and restaurants
square feet of retail space and one parking
space for each 35 square feet of dining area
Commercial Recreation
Bowling Alley
5 spaces per alley plus one space for each 300
square feet of service area
Golf Course
20 spaces plus one space for each 500 square
feet of clubhouse
Golf Driving
10 spaces plus one for each 100 square feet of
Range
building area
Public Park
One space for each one acre of park plus 5
spaces per playground facility and one space
for each picnic table. A minimum of 5 spaces
is required.
Skating Rink or
6 spaces per 1,000 square feet of floor area
Dance Hall
Swimming Pool
20 spaces plus one space for each 500 square
feet of floor area
Community Center
One space per 300 square feet of floor area
or Health Club
Manufacturing, Processing or
8 spaces plus one space for each 2 employees
Fabricating Facility
on the largest shift. A minimum of 8 spaces
plus one space per 500 square feet of floor area
is required.
Warehousing and Wholesale
5 spaces plus one space for each 2 employees
Facilities
on the largest shift. A minimum one space per
1,500 square feet of floor area is required.
Title X: 1060 -15
Deleted: places of worship
Performance Standards
August 24, 2009
Corcoran Zoning Ordinance
Motels and Hotels
One space per lodging unit plus one space for
each 5 units
Office Buildings, Animal Clinics,
One space for each 200 square feet of floor
Medical/Dental Clinics
area. A minimum of 8 spaces is required.
Auto Service Stations
4 spaces plus one for each service bay or wash
bay. Facilities with convenience retail shall
also comply with the retail parking
requirements.
Subd. 9. Non - Specified Uses. For uses not specifically listed above, off - street parking
requirements shall be computed by the Zoning Administrator on the same basis as
required for the most similar listed uses. In such cases, the Zoning Administrator
shall also consult off - street parking reference materials including, but not limited
to, manuals prepared by the American Planning Association and Institute of
Transportation Engineers.
Subd. 10. Space Reductions. Subject to the review and processing of an interim use permit,
the City may reduce the number of required off - street parking spaces when the use
can demonstrate in documented form a demand which is less than required by this
Chapter. In such situations, the City may require land to be reserved for parking
development should the use or needs change.
Subd. 11. Joint Facilities. The City may approve an interim use permit to allow joint
parking for one or more businesses where the total number of parking stalls
provided for joint use is less than the sum of the total required for each business
should they provide them separately. The applicant must demonstrate the
feasibility of the arrangement in a written report. Such a permit shall not be
granted except when the following conditions are found to exist:
A. Proximity. The building or use for which application is being made to utilize
the off - street parking facilities provided by another building or use shall be
located within 300 feet of such parking facilities, excluding public rights -of-
way.
B. Conflict in Hours. The applicant shall demonstrate in documented fashion that
there is no substantial conflict in the principal operating hours of the 2
buildings or uses for which joint use of off - street parking facilities is
proposed.
C. Written Consent and Agreement. A legally binding instrument, executed by
the parties concerned, for joint use of off - street parking facilities, duly
approved as to title of grantors or lessors, and in a form and manner of
execution approved by the City Attorney, shall be filed with the City Clerk
and recorded with the Hennepin County Recorder or Registrar of Titles, and a
certified copy of the recorded document shall be filed with the City within 60
Title X: 1060 -16
Performance Standards Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
days after approval of the joint parking use by the City or the interim use
permit shall be considered null and void.
Subd. 12. Drive Through Business. Where allowed, drive through businesses shall comply
with the following:
A. The business shall be located on a site with direct access to a minor arterial
street, collector or service road.
B_All portions of the business with drive through facilities, including but not
limited to, the building in which they are located, service windows and
stacking spaces, shall be separated from residentially zoned or guided property
by an arterial or collector street or shall be set back at least 300 feet from
residentially zoned or guided property.
C. The public address or order system shall not be audible from any adjacent
residentially zoned or guided property.
D. Businesses with one drive through lane shall provide stacking space for at
least 10 vehicles, and businesses with 2 or more drive through lanes shall
provide stacking space for at least 6 vehicles per lane, as measured from and
including the last pick up station, window, or the like. Stacking spaces shall
not interfere with parking spaces or traffic circulation.
E. The applicant shall demonstrate that such use will not significantly lower the
existing level of service on streets and intersections.
F. All elements of the drive through service area, including but not limited to
menu boards, order stations, teller windows, and vehicle lights from the
stacking lanes, shall be screened from adjacent residentially zoned or guided
property pursuant to this Chapter.
(Ord. 237, passed 11- 20 -06)
1060.070 — Landscaping
Subd. 1. Purpose. The purpose of this ordinance is to provide for a diversity of
landscaping plant materials and design elements within the City through the
establishment of minimum standards for landscape plans and maintenance
requirements for required landscaping.
Subd. 2. Required Landscaping and Maintenance. Prior to approval of a building
permit, all semi - public, non - residence uses, and residential developments of four
units or more, shall be subject to a mandatory landscape plan and specification
requirements. Residential developments of less than 4 units shall not require a
landscape plan but shall be required to install a minimum number of trees as
outlined in this Section, item G.
Title X: 1060 -17
Performance Standards
August 24, 2009
Corcoran Zoning Ordinance
A. The landscape plan shall be developed with an emphasis upon the boundary or
perimeter of the proposed site at points adjoining other property and the
immediate perimeter of the structure.
B. Required Ground Cover. The lot area remaining after providing for off - street
parking, off - street loading, sidewalks, driveways, building site and/or other
requirements shall be sodded or seeded and mulched within 30 days of
building occupancy or a financial guarantee shall be provided to guarantee
said installation.
C. Required Plantings. In addition to required ground cover specified in Subd.
2(B) above and exclusive of required buffering or screening, all new
development shall be landscaped using ornamental grass, shrubs, trees or other
acceptable vegetation or treatment generally used in landscaping within one
year following the date of building occupancy. Where landscaping is required
as part of City approvals, any plant material that is diseased or dies shall be
replaced with a like kind of the original size. No landscaped area shall be used
for the parking of vehicles or for the storage or display of materials, supplies
or merchandise, unless specifically approved by the City.
D. Minimum Size Requirements. All plants must at least equal the following
minimum size:
E. Spacing. Plant material centers shall not be located closer than 3 feet from the
fence line or property line and shall not be planted to conflict with public
plantings based on the judgment of the City staff.
F. Types of Plantings. The landscape plan shall be reviewed by City staff to
ensure that appropriate plant materials are used to accomplish the intent of the
landscaping, including screening where required.
G. Number of Trees. The minimum number of trees on any given site shall be as
follows:
1. Residential uses shall provide a minimum of one overstory tree per
dwelling unit.
Title X: 1060 -18
Potted/Bare Root or Balled and Burlapped
Shade Trees oversto
2.5 -inch diameter
Ornamental Trees understo
1.5 -inch diameter
Trees (oversto )
4 -6 feet high
-Evergreen
Tall Shrubs and Hedge Material (deciduous or
coniferous
3 -4 feet high
Low Shrubs deciduous
5 gallon
E. Spacing. Plant material centers shall not be located closer than 3 feet from the
fence line or property line and shall not be planted to conflict with public
plantings based on the judgment of the City staff.
F. Types of Plantings. The landscape plan shall be reviewed by City staff to
ensure that appropriate plant materials are used to accomplish the intent of the
landscaping, including screening where required.
G. Number of Trees. The minimum number of trees on any given site shall be as
follows:
1. Residential uses shall provide a minimum of one overstory tree per
dwelling unit.
Title X: 1060 -18
Performance Standards
August 24, 2009
Corcoran Zoning Ordinance
2. Non - Residential Uses. Non - residential uses shall contain at a minimum:
a. One overstory tree per 1,000 square feet of gross building floor area or
one tree per 50 lineal feet of site perimeter, whichever is greater.
b. One understory shrub for each 300 square feet of building or one tree
per 30 lineal feet of site perimeter, whichever is greater.
3_Understory Trees. Up to 50 percent of the required number of overstory
trees may be substituted with the use of understory trees in combination
with other design elements. In such cases, not less than 3 understory trees
shall be provided for each one required overstory tree substituted.
4. At the sole discretion of the City, a portion of the total number of required
trees for any development may be planted at a public location when it is
determined by the City that site constraints or existing vegetation limit the
ability to plant on site. Cash fees based on the estimated cost of materials
and installation of required materials may be substituted for public location
planting at the discretion of the City.
5. No more than 33 percent of the required number of trees shall be of one
species.
H. Irrigation. Underground irrigation shall be required on all new multi - family
and non - residential development where municipal water is available.
I. Landscape Guarantee. All new plants shall be guaranteed for 2 full years from
the time planting has been completed. All plants shall be alive and in
satisfactory growth at the end of the guarantee period or be replaced per the
approved plan. Security in the form of letter of credit or cash shall be
provided to guarantee the installation per the approved plan.
J. Required Screening and Buffering.
Screening with the use of landscaping, fencing and walls should be
accomplished with the existing topography where possible. When the
existing topography prohibits effective screening, berming may be used.
a. Planting screens are the preferred method of screening. The planting
screen shall consist of hardy trees that will provide a minimum of 80
percent opacity year - round. Planting screens shall contain a mix of
overstory and understory plantings and a mix of deciduous and
coniferous materials.
Title X: 1060 -19
Performance Standards Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
b. Fences or walls may be used in conjunction with landscaping to
provide screening. When required for screening, minimum of 80
percent opacity shall be provided. No landscaping or screening shall
interfere with driver or pedestrian visibility for vehicles entering or
exiting the premises.
c. Earth berms may be used for screening when topography requires the
earth berm to adequately screen the property. Berms shall not exceed
3:1 slope.
2. Parking areas with 4 or more stalls shall be screened from properties
guided or zoned residential and from public streets. Screening to a height
of at least 3 feet shall be provided to screen vehicle headlights.
3_Loading and service areas shall be screened from properties guided or
zoned residential and from public streets.
K. Building Setback Flexibility through Additional Landscaping. A reduction in
the required front yard setback adjacent to arterial streets may be approved by
the City Council if the applicant provides landscaping beyond the minimum
requirements or preserves significant landscaping in this area. The required
setback may be reduced up to 40 percent if the applicant provides a minimum
of one overstory deciduous tree, one overstory coniferous tree, 2 ornamental
trees and 10 understory shrubs per 100 feet of the length of the property line
where the flexibility is requested, or preserves the equivalent amount of
existing trees and shrubs. These materials must be provided in addition to the
minimum landscape requirements.
L. Parking Setback Flexibility through Additional Landscaping. A reduction in
the required front yard setback adjacent to arterial streets may be approved by
the City Council if the applicant provides landscaping beyond the minimum
requirements or preserves significant landscaping in this area. The required
setback may be reduced to the required front yard setback from other streets in
that district if the applicant provides a minimum of one overstory deciduous
tree, one overstory coniferous tree, 2 ornamental trees and 10 understory
shrubs per 100 feet of the length of the property line where the flexibility is
requested, or preserves the equivalent amount of existing trees and shrubs.
These materials must be provided in addition to the minimum landscape
requirements.
(Ord. 207, passed 10- 28 -04)
Title X: 1060 -20
Performance Standards
August 24, 2009
1060.080 - Fences and Walls
Corcoran Zoning Ordinance
Subd. 1. General Provisions. Except as otherwise provided herein, all fences and walls
within the City shall be subject to the following general provisions:
A. No fences or walls shall be placed on or extend into public rights -of -way.
B. That side of any fence or wall considered to be its "face" (i.e., the finished side
having no structural supports) shall face abutting property or street right -of-
way.
C. Both sides of any fence or wall shall be maintained in a condition of
reasonable repair and appearance by its owner and shall not be allowed to
become and remain in a condition of disrepair or danger, or constitute a
nuisance, public or private.
D-No physical damage of any kind shall occur to abutting property during
installation unless it is allowed under agreement with the adjacent property
owner.
E_A certificate of survey may be required for all fences (except hedges and
plantings) or walls to be constructed on or within 6 feet from the property line,
unless corner property stakes are in place and marked and a survey is filed
with the City. Additionally, retaining walls shall not be placed within any
drainage or ponding easement unless also reviewed and approved by the City
Engineer.
F. Specific Fence Standards. Except as otherwise provided herein, fences may
be allowed subject to the following specific standards:
1. Fences constructed of materials with opacity of up to 100% and not
exceeding 6 feet in height may be located at or behind the minimum front
setback line, as required for the principal structure on the lot.
2. Fences with opacity of less than 50 percent (e.g., wrought iron, chain link,
split rail) and not exceeding 4 feet in height may be located within a
required front yard area.
3. Fences over 6 feet in height shall meet all building setback requirements
for the zoning district in which it is located.
4. Fences not exceeding 6 feet in height, for uses other than one and two
family dwellings, may be permitted in front of the front building line as
established by the primary structure on the lot, when required for screening
of adjacent property. In such cases, the required front setback for the
fence shall be the same as for the use that it is intended to buffer.
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5. On corner lots or lots adjacent to railroad rights -of -way, no fence shall be
located in a sight visibility triangle, as defined by Section 1060.090, Subd.
2, unless it is in compliance with the sight clearance requirements for such
lots as set forth in this Chapter.
6. Fences which include a security gate at a point where access is provided to
the property and principal building may be approved if necessary and
appropriate as part of the site plan review.
7. Fences for the agricultural uses on properties at least 10 acres in size are
not subject to the requirements of this section.
1060.090 — General Performance Standards
Subd. 1. Grading and Drainage. No land shall be developed and no use shall be
permitted in the City that results in water runoff causing flooding, erosion, or
deposit of sediment on adjacent properties which is inconsistent with the grading
and erosion control plan provisions of Section 950 of the Subdivision Ordinance.
Subd. 2. Traffic Sight Visibility. Except as may be approved by the Zoning
Administrator, no wall, fence, structure, tree, shrub, vegetation or other
obstruction shall be placed on or extend into any yard or right -of -way area so as to
pose a danger to traffic by obscuring the view of approaching vehicular traffic or
pedestrians from any street or driveway. Visibility from any street or driveway
shall be unobstructed above a height of 3 feet, measured from where both street or
driveway center lines intersect within a triangular area described as beginning at
the intersection of the projected curb line of two intersecting streets or drives,
thence 30 feet along one curb line, thence diagonally to a point 30 feet from the
point of beginning along the other curb line. The exception to this requirement
shall be where there is a tree, planting or landscape arrangement within such area
that will not create a total obstruction wider than 3 feet. These requirements shall
not apply to conditions that legally exist prior to the effective date of this Chapter
unless the Zoning Administrator determines that such conditions constitute a
safety hazard.
Subd. 3. Smoke. The emission of smoke by any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minnesota
Regulation APC 7017.
Subd. 4. Dust and Other Particulate Matter. The emission of dust, fly ash or other
particulate matter by any use shall be in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7011.
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Subd. 5. Air Pollution. The emission of air pollution, including potentially hazardous
emissions, by any use shall be in compliance with and regulated by Minnesota
Statutes 116, as may be amended.
Subd. 6. Noise. Noises emanating from any use shall be in compliance with and regulated
by the Minnesota Pollution Control Standards.
Subd. 7. Sewage Disposal. Individual sewage disposal systems shall be installed and
operated in compliance with the applicable provisions of the City Code.
Subd. 8. Bulk Storage (Liquid). All uses associated with the bulk storage of all gasoline,
liquid fertilizer, chemical, flammable and similar liquids shall comply with
requirements of and have appropriate permits indicating compliance with the
Minnesota State Fire Code and Minnesota Department of Agriculture regulations.
Subd. 9. Radiation Emission. All activities that emit radioactivity shall comply with the
minimum requirements of the Minnesota Pollution Control Agency.
Subd. 10. Electrical Emission. All activities which create electrical emissions shall comply
with the minimum requirements of the Federal Communications Commission.
Subd. 11. Setbacks from Public Streets. All setbacks from Dublic streets or Dr000sed
public streets shall be measured from the planned widened rights -of -way in
accordance with Citypolicy. All buildings shall be so placed so that they will not
obstruct future streets which may be constructed by the City in conformity
existing streets and according to the system and standards employ the City.
IN
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1060.100 — Telecommunications Services
Subd.1. Findings.
The City Council finds: The Federal Communications Act of 1934 as amended by
the Telecommunications Act of 1996 ( "the Act'), and subsequent revisions,
grants the Federal Communications Commission exclusive jurisdiction over the
regulation of the environmental effects of radio frequency emissions from
telecommunications facilities and the regulation of radio signal interference
among users of the radio frequency spectrum.
Consistent with the Act, the regulation of towers and telecommunications
facilities in the City is not intended to have the effect of prohibiting any person
from providing wireless telecommunications services. The general purpose of
this subsection is to regulate the placement, construction and modification of
telecommunication towers and facilities in order to protect the health, safety and
welfare of the public, while not unreasonably interfering with the development of
the competitive wireless telecommunications marketplace in the City.
Specifically, the purposes of this Ordinance are:
A. To regulate the location of telecommunication towers and facilities.
B. To protect residential areas and land uses from potential adverse impacts
of telecommunication towers and facilities.
C. To minimize adverse visual impacts of telecommunication towers and
facilities through design, siting, landscaping, and innovative camouflaging
techniques.
D. To promote and encourage shared use and co- location of
telecommunication towers and antenna support structures.
E. To avoid damage to adjacent properties caused by telecommunication
towers and facilities by ensuring that those structures are soundly and
carefully designed, constructed, modified, maintained and promptly
removed when no longer used or when determined to be structurally
unsound.
F. To ensure that telecommunication towers and facilities are compatible
with surround land uses.
G. To facilitate the provision of wireless telecommunications services to the
residents and businesses of the City in an orderly fashion.
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Subd. 2. Development of Towers; Approvals Required.
A. Conditional use. A tower is a conditional use in specified zoning districts
within the city. A tower may not be constructed in those districts unless a
conditional use permit has been issued by, and site plan approval obtained
from, the City Council, and the building official has issued a building
permit.
B. Administrative Permit. Co- location of additional antennas onto an
existing tower and associated ground equipment may be granted by
administrative permit. An administrative permit may be issued by City
staff in accordance with the requirements of Section 1070.060 of the
Zoning Ordinance.
C. Preferred Locations. If co- location is not feasible, the preference for
location of new towers within the City is, in order of priority:
1. Existing public property.
2. Agricultural property.
3. Commercial /industrial property.
D. Applicant must demonstrate in writing, to the City's satisfaction, that a
lower priority site location is necessary as part of the application. The City
has no obligation to allow the use of City property for this purpose.
Subd. 3. Application Process.
A. A person desiring to construct a tower must submit an application for site
plan approval and, for a conditional use permit, to the City Planner.
B. An application to develop a tower must include:
1. Name, address and telephone number of the applicant.
2. Name, address and telephone numbers of the owners of the property
on which the tower is proposed to be located.
3. Written consent of the property owner(s) to the application.
4. Written evidence from an engineer that the proposed structure meets
the structural requirements of this code.
5. Written information demonstrating the need for the tower at the
proposed site in light of the existing and proposed wireless
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telecommunications network(s) to be operated by persons intending to
place telecommunications facilities on the tower.
6. A copy of relevant portions of a lease signed by the applicant and
property owner(s), requiring the applicant to remove the tower and
associated telecommunications facilities upon cessation of operations
on the leased site, or, if a lease does not yet exist, a written agreement
to include such a provision in the lease to be signed.
7. An application fee established from time to time by resolution of the
City Council.
Any other information that City Staff, Planning Commission or
Council deem necessary to consideration of the application.
C. Administrative Costs and Expenses. In addition to the application fee, the
applicant shall be responsible to pay for all administrative costs incurred
by the City in their review process, including staff administrative time,
legal, engineering, and any other consultant or expert fees deemed
necessary by the City. The City, in its discretion may hire experts to assist
in its review of any application and the applicant shall pay the cost of such
expertise.
D. Council Action. Requests for site plan approval and conditional use
permit approval will be processed contemporaneously, according to the
provisions outlined in the Corcoran Zoning Ordinance.
E. Staff Action. Request for site plan approval and administrative permit for
co- location onto existing towers or structures will be processed
contemporaneously, according to the provisions outlined in the Corcoran
Zoning Ordinance.
Subd. 4. Performance Standards.
A. Co- location capability. All equipment used for transmitting or receiving
telecommunication, television, or radio signals shall be co- located on
existing towers whenever possible. Unless the applicant presents clear
and convincing evidence to the City Council that co- location is not
feasible, a new tower may not be built, constructed or erected in the City
unless the tower is capable of supporting at least two telecommunications
facilities comparable in weight, size, and surface area to each other.
B. Setback Requirements. All towers and accessory equipment must comply
with the following minimum setback requirements:
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1. Towers and accessory equipment shall meet the setbacks of the
underlying zoning district. The tower may not encroach upon any
easements.
2. The tower shall be setback from the nearest residential structure at
least the height of the tower. Exceptions to such setback may be
granted if a qualified structural engineer specifies in writing that any
collapse of the pole will occur within a lesser distance under all
foreseeable circumstances.
3. The setback for a tower or accessory equipment may be reduced or its
location in relation to a public street varied, at the discretion of the
City, to allow the integration of the structure into an existing or
proposed structure, such as a light standard, power line support device,
or similar structure.
4. Setback requirements for towers are measured from the base of the
tower to the property line of the parcel on which it is located.
C. Engineer Certification. Towers must be designed and certified by an
engineer to be structurally sound and in conformance with the Uniform
Building Code, and any other standards set forth in this code.
D. Height Restriction. A tower may not exceed 150 feet in height.
Measurement of tower height must include the tower structure itself, the
base pad, and any other telecommunications facilities attached thereto.
Tower height is measured from grade.
E. Lighting. Towers may not be artificially lighted except as required by the
Federal Aviation Administration. At time of construction of a tower, in
cases where there are residential uses located within a distance which is
three times the height of the tower from the tower, dual mode lighting
must be requested from the Federal Aviation Administration. Not
withstanding this provision, the City may approve the placement of an
antennae on an existing or proposed lighting standard, provided that the
antennae is integrated with the lighting standard.
F. Exterior Finish. Towers not requiring Federal Aviation Administration
painting or marking must have an exterior finish as approved in the site
plan.
G. Fencing. Fences constructed around or upon parcels containing towers,
antenna support structures, or telecommunications facilities must be
constructed in accordance with the applicable fencing requirements in the
zoning district where the tower or antenna support structure is located,
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unless more stringent fencing requirements are required by Federal
Communications Commission regulations.
H. Landscaping. Landscaping on parcels containing towers, antenna support
structures or telecommunications facilities must be in accordance with
landscaping requirements as approved in the site plan. Ground mounted
equipment must be screened from view by suitable vegetation, except
where a design of non - vegetative screening better reflects and
complements the character of the surrounding neighborhood.
I. Accessory Buildings and Equipment. No more than one accessory
building is permitted per user on a tower. Accessory buildings may be no
more than 400 square feet in size. Utility buildings and structures
accessory to a tower must be architecturally designed to blend in with the
surrounding environment and to meet such setback requirements as are
compatible with the actual placement of the tower. Accessory structures
shall comply with the building design and material standards of the district
in which they are located. Telecommunications facilities not located on a
tower or in an accessory building must be of stealth design.
Security. Towers must be reasonably posted and secured to protect
against trespass. All signs must comply with applicable sign regulations.
K. Design. Towers must be of stealth design, if practical.
L. Removal of Towers. Abandoned or unused towers and associated above-
ground facilities must be removed within twelve months of the cessation
of operations of the telecommunications facility at the site unless an
extension is approved by the City Council. Any tower and associated
telecommunications facilities that are not removed within twelve months
of the cessation of operations at a site are declared to be public nuisances
and may be removed by the City and costs of removal assessed against the
property pursuant to the nuisance abatement section of the Corcoran City
Code.
M. Inspections. The City may conduct inspections at any time, upon
reasonable notice to the property owner and the tower owner to inspect the
tower for the purpose of determining if it complies with the Uniform
Building Code and other construction standards provided by the City
Code, federal and state law. The expense related to such inspections will
be borne by the property owner. Based upon the results of an inspection,
the building official may require repair or removal of a tower.
N. Maintenance. Towers must be maintained in accordance with the
following provisions.
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1. Tower owners must employ ordinary and reasonable care in
construction and use commonly accepted methods and devices for
preventing failures and accidents that are likely to cause damage,
injuries, or nuisances to the public.
2. Tower owners must install and maintain towers, telecommunications
facilities, wires, cables, fixtures and other equipment in compliance
with the requirements of the National Electric Safety code and all
Federal Communications Commission, state, and local regulations, and
in such a manner that they will not interfere with the use of other
property.
3. Towers, telecommunications facilities or antenna support structures
must be kept and maintained in good condition, order, and repair.
4. Maintenance or construction on a tower, telecommunications facilities
or antenna support structure must be performed by qualified
maintenance and construction personnel.
5. Towers must comply with radio frequency emissions standards of the
Federal Communications Commission.
6. If the tower owner discontinues the use of a tower, the tower owner
must provide written notice to the City of its intent to discontinue use
and the date when the use will be discontinued.
Subd.5. Variances.
An applicant may request a variance to the setback, separation, buffer
requirements, or maximum height provisions of this Code in accordance with the
procedures outlined for the granting of a variance in the Corcoran City Code. The
City Council may grant the requested variance if the applicant demonstrates with
written or other satisfactory evidence that:
A. The locations, shape, appearance or nature of use of the proposed tower
will not substantially detract from the aesthetics of the area nor change the
character of the neighborhood in which the tower is proposed to be
located.
B. The variance will not create a threat to the public health, safety or welfare.
C. In the case of a requested modification to the setback requirement, that the
size of parcel upon which the tower is proposed to be located makes
compliance impossible, and the only alternative for the applicant is to
locate the tower at another site that poses a greater threat to the public
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health, safety or welfare or is closer in proximity to a residentially zoned
land.
D. In the case of a request for modification of separation requirements, if the
person provides written technical evidence from an engineer that the
proposed tower and telecommunications facilities must be located at the
proposed site in order to meet the coverage needs of the applicant's
wireless communications system and if the person agrees to create
approved landscaping and other buffers to screen the tower from being
visible to the residential area.
E. In the case of a request for modification of the maximum height limit, that
the modification is necessary to:
(Ord. 200, passed 07- 22 -04)
Facilitates co- location of telecommunications facilities in order to
avoid construction of a new tower.
To meet the coverage requirements of the applicant's wireless
communications system, which requirements must be documented
with written, technical evidence from a recognized expert in the
telecommunications industry.
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Administration, Permits and Procedures
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Corcoran Zoning Ordinance
SECTION 1070 — ADMINISTRATION, PERMITS AND PROCEDURES
1070.010 — ZoninE Amendments (Text and Map)
Subd. 1. Procedure. An application for an amendment to the Zoning Ordinance or Zoning
Map shall be approved or denied, pursuant to Minnesota Statutes 15.99.
Additional City requirements are as follows:
A. Request for rezoning (text or map) shall be filed with the Zoning
Administrator on an official application form. A non - refundable fee as set
forth in the City Code shall accompany such application. Detailed written and
graphic materials, the number and size as prescribed by the Zoning
Administrator, fully explaining the proposed change, development, or use,
shall also accompany such application. The application shall be considered as
being officially submitted and complete when the applicant has complied with
all the specified information requirements.
1! Upon completion of preliminary staff analysis of the application and request,
the Zoning Administrator, when appropriate, shall set a public hearing
following proper hearing notification. The Planning Commission shall
conduct the hearing and report its findings and make recommendations to the
City Council.
C. Notice of said hearing shall be mailed to all owners of land within 350 feet of
the boundary of the property in question.
D. Failure of a property owner to receive said notice(s) shall not invalidate any
such proceedings as set forth within this Chapter.
E. Notice of said hearing shall also be published in the official newspaper at least
10 days prior to the hearing and consist of:
1_Legal property description.
2. Description of request.
L--Map detailing property location.
F. The Planning Commission and City staff shall have the authority to request
additional information from the applicant concerning operational factors or to
retain expert testimony with the consent and at the expense of the applicant
concerning operational factors, said information to be declared necessary to
establish performance conditions in relation to all pertinent sections of this
Chapter.
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G. The applicant or a representative thereof may appear before the Planning
Commission in order to present information and answer questions concerning
the proposed request.
H. The Planning Commission shall make findings of fact and a recommendation
on the request. Such recommendations shall be accompanied by the report
and recommendation of the City staff.
I_The City Council shall not act upon an amendment until they have received a
report and recommendation from the Planning Commission and the City staff.
J_Upon receiving said reports and recommendations of the Planning
Commission and the City staff, the City Administrator shall schedule the
application for consideration by the City Council. Such reports and
recommendations shall be entered in and made part of the permanent written
record of the City Council meeting.
K. Upon receiving said reports and recommendations, the City Council shall
have the option to set and hold a public hearing if deemed necessary.
L_The applicant or a representative thereof may appear before the City Council
in order to present information and answer questions concerning the proposed
request.
M. For any application that changes all or part of the existing classification of a
zoning district from residential to either commercial or industrial, approval
shall require passage by a two - thirds vote of the full City Council. Approval
of any other proposed amendment shall require passage by a majority vote of
the full Council.
N. The amendment shall not become effective until such time as the City Council
approves an ordinance reflecting said amendment.
0. Whenever an application for an amendment has been considered and denied
by the City Council, the Planning Commission or City Council shall not
consider a similar application for an amendment affecting substantially the
same property again for at least 6 months from the date of its denial. A
subsequent application affecting substantially the same property shall likewise
not be considered again by the Planning Commission or City Council for an
additional 6 months from the date of the second denial unless a decision to
reconsider such matter is made by not less than a majority of the full City
Council.
Subd. 2. Evaluation Criteria. The Planning Commission shall consider possible adverse effects
of the proposed amendment. Its judgment shall be based upon (but not limited to) the
following factors:
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A. The proposed action has been considered in relation to the specific policies
and provisions of and has been found to be consistent with the City
Comprehensive Plan, including public facilities and capital improvement
plans.
B. The proposed action meets the purpose and intent of this Ordinance or, in the
case of a map amendment, it meets the purpose and intent of the individual
district.
C. There is adequate infrastructure available to serve the proposed action.
D. There is an adequate buffer or transition provided between potentially
incompatible districts.
Subd. 3. Initiation. Any person owning real estate within the City may initiate a request
to amend the district boundaries or text of this Chapter so as to affect the said real
estate. The City Council or Planning Commission may, upon their own, initiate a
request to amend the text or the district boundaries of this Chapter.
Subd. 4. Certification of Taxes Paid. Prior to approving an application for rezoning, the
applicant shall provide certification to the City that there are no delinquent
property taxes, special assessments, interest, or City utility fees due upon the
parcel of land to which the rezoning application relates.
1070.020 — Conditional Use Permits
Subd. 1. Purpose. The purpose of a conditional use permit is to authorize and regulate
uses which may be beneficial in a specific instance to the general welfare of the
community, yet ensure that such uses are not detrimental to surrounding property,
and are consistent with the stated purpose of the zoning district in which such uses
are located regarding conditions of operation, location, arrangement, and
construction.
Subd. 2. Procedure. An application for a conditional use permit shall be approved or
denied pursuant to Minnesota Statutes 15.99. Additional City requirements are as
follows:
A. Request for conditional use permits, as provided within this Chapter, shall be
filed with the Zoning Administrator on an official application form. A non-
refundable fee as set forth in the City Code shall accompany such application.
Detailed written and graphic materials, the number and size as prescribed by
the Zoning Administrator, fully explaining the proposed change, development,
or use, shall also accompany such application. The application shall be
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Corcoran Zoning Ordinance
considered as being officially submitted and complete when the applicant has
complied with all the specified information requirements.
B. Upon completion of preliminary staff analysis of the application and request,
the Zoning Administrator, when appropriate, shall set a public hearing
following proper hearing notification. The Planning Commission shall
conduct the hearing, and report its findings and make recommendations to the
City Council.
C. Notice of said hearing shall be published in the official newspaper at least 10
days prior to the hearing.
D. Notice of said hearing shall also be mailed at least 10 days prior to all owners
of land within 350 feet of the boundary of the property in question, informing
them of the receipt of the application and the anticipated schedule for
consideration.
E. Failure of a property owner to receive said notice shall not invalidate any such
proceedings as set forth within this Chapter.
F. The applicant or their representative may appear before the Planning
Commission in order to present information and answer questions concerning
the proposed request.
G. The Planning Commission shall make findings of fact and make a
recommendation on such actions or conditions relating to the request as they
deem necessary to carry out the intent and purpose of this Chapter. Such
recommendation shall be in writing and accompanied by the report and
recommendation of the City staff.
11. The City Council shall not consider a conditional use permit until they have
received a report and recommendation from the Planning Commission and the
City staff.
I_Upon receiving said reports and recommendations of the Planning
J. Commission and the City staff, the City Administrator shall schedule the
application for consideration by the City Council. Such reports and
recommendations shall be entered in and made part of the permanent written
record of the City Council meeting.
K. Upon receiving said reports and recommendations, the City Council shall
have the option to set and hold a public hearing if deemed necessary and shall
make a recorded finding of fact and may impose any condition they consider
necessary to protect the public health, safety and welfare.
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August 24, 2009
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L_The applicant or a representative thereof may appear before the City Council
in order to present information and answer questions concerning the proposed
request.
h -Approval of a request shall require passage by a majority vote of the full
Council.
N. Whenever an application for a conditional use permit has been considered and
denied by the City Council, the Planning Commission or City Council shall
not consider a similar application for a conditional use permit affecting
substantially the same property again for at least 6 months from the date of its
denial. A subsequent application affecting substantially the same property
shall likewise not be considered again by the Planning Commission or City
Council for an additional 6 months from the date of the second denial unless a
decision to reconsider such matter is made by a majority vote of the full City
Council.
Subd. 3. Evaluation Criteria. The Planning Commission shall consider possible adverse
effects of the proposed conditional use. Its judgment shall be based upon (but not
limited to) the following factors:
A. Compliance with and effect upon the Comprehensive Plan, including public
facilities and capital improvement plans.
B. The establishment, maintenance or operation of the conditional use will
promote and enhance the general public welfare and will not be detrimental to
or endanger the public health, safety, morals or comfort.
C. 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 neighborhood.
D. The establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding property for uses
permitted in the district.
E. Adequate public facilities and services are available or can be reasonably
provided to accommodate the proposed use.
F. The conditional use shall, in all other respects, conform to the applicable
regulations of the district in which it is located.
G. The conditional use and site conforms to performance standards as specified
by this Chapter.
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Administration, Permits and Procedures Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
Subd. 4. Information Requirement.
A. The information required for all conditional use permit applications shall be as
specified in Section 1070.050, Subd. 6.
B. In addition, the City Council, Planning Commission, and City staff shall all
have the authority to request additional information from the applicant
concerning operational factors or to retain expert testimony with the consent
and at the expense of the applicant. Said information is to be declared
necessary to determine performance and may include but is not limited to:
1_Scope of operation of the proposed use, including methods and materials
utilized in operation.
2. Traffic Generation Data.
3. Statement of the economic impact of the proposed use on the surrounding
area.
4. Statement of the environmental impact of the proposed use on the
surrounding area.
Subd. 5. Revocation.
A. Justification.
The Planning Commission may recommend, and the City Council may direct,
the revocation of any conditional use permit for cause upon determination that
the authorized conditional use is not in conformance with:
1. The conditions of the permit.
2. The intent of this Chapter.
3. City Codes.
4. Other applicable regulations.
B. Process.
The City Council or Planning Commission shall initiate an application and the
Zoning Administrator shall notify the responsible person to whom the permit
was issued, that they have an opportunity to show cause why the permit
should not be revoked. The application shall be processed and considered
pursuant to Subd. 2. of this Section. The Zoning Administrator shall provide
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August 24, 2009
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the responsible person to whom the permit was issued a copy of the
proceedings and findings of the Planning Commission and City Council.
Subd.6. Amendments.
A. Holders of a conditional use permit may propose amendments to the permit at
any time, following the procedures for a new permit as set forth in this
section.
B. No significant changes in the circumstances or scope of the permitted use
shall be undertaken without approval of those changes by the City. The
Zoning Administrator shall determine what constitutes significant change.
Significant changes include, but are not limited to:
1. Hours of operation.
2. Number of employees.
3. Expansion of structures and/or premises.
4. Operational modifications resulting in increased external activities and
traffic.
C. Following the procedures for hearing and review set forth in this section the
Planning Commission may recommend and the City Council may approve
significant changes and modifications to conditional use permits, including the
application of additional or revised conditions.
Subd.7. Expiration.
A. Unless otherwise specified by the Zoning Administrator or City Council at
time of approval, permit approval shall expire within one year of the date of
approval unless the applicant commences the authorized use. Prior to the
expiration, the applicant may apply for a time extension of up to one year.
B. The request for extension shall be submitted to the Zoning Administrator not
less than 30 days before the expiration of said approval and shall include the
renewal fee as set forth in the City Code and state facts showing a good faith
attempt to complete or utilize the use permitted in the conditional use permit.
A request for an extension not exceeding one year shall be subject to the
review and approval of the Zoning Administrator. Should a second extension
of time or any extension of time longer than one year be requested by the
applicant, it shall be presented to the Planning Commission for a
recommendation and to the City Council for a decision.
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C. In making its determination on whether an applicant has made a good faith
attempt to utilize the site plan approval, the Zoning Administrator or the City
Council, as applicable, shall consider such factors as the type, design, and size
of the proposed construction, any applicable restrictions on financing, or
special and /or unique circumstances beyond the control of the applicant which
have caused the delay.
Subd. 8. Performance Agreement and Financial Guarantee. Following the approval of
a conditional use permit and prior to the issuing of any building permits or the
commencing of any work, the applicant, as may be applicable, shall guarantee to
the City the completion of all private exterior amenities as shown on the approved
site plan and as required by the conditional use permit approval. The guarantee
shall be made by means of a performance agreement and financial guarantee as
specified in Section 1070.050, Subd. 9.
Subd. 9. Certification of Taxes Paid. Prior to approving an application for a conditional
use permit, the applicant shall provide certification to the City that there are no
delinquent property taxes, special assessments, interest, or City utility fees due
upon the parcel of land to which the conditional use permit application relates.
1070.030 - Interim Uses
Subd. 1. Purpose and Intent. The purpose and intent of allowing interim uses is:
A. To allow a use for a brief period of time until a permanent location is obtained
or while the permanent location is under construction.
B. To allow a use that is presently judged acceptable by the City Council, but
that with anticipated development or redevelopment, will not be acceptable in
the future or will be replaced in the future by a permitted or conditional use
allowed within the respective district.
C. To allow a use which is reflective of anticipated long range change to an area
and which is in compliance with the Comprehensive Plan provided that said
use maintains harmony and compatibility with surrounding uses and is in
keeping with the architectural character and design standards of existing uses
and development.
Subd. 2. Procedure. Uses defined as interim uses, which do not presently exist within a
respective zoning district, shall be processed according to the standards and
procedures for a conditional use permit as established by Section 1070.020 of this
Chapter.
Subd. 3. General Standards. An interim use shall comply with the following:
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A. Meet the requirements of a conditional use permit set forth in Section
1070.020, Subd. 3.
B. The use is allowed as an interim use in the respective zoning district.
C. The date or event that will terminate the use can be identified with certainty.
D. The use will not impose additional unreasonable costs on the public.
E. The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
Subd. 4. Termination. An interim use shall terminate on the happening of any of the
following events, whichever occurs first:
A. The date stated in the permit.
B. Upon violation of conditions under which the permit was issued.
C-Upon a change in the City's zoning regulations which render the use
nonconforming.
D. The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the respective zoning district.
Subd. 5. Certification of Taxes Paid. Prior to approving an application for an interim use
permit, the applicant shall provide certification to the City that there are no
delinquent property taxes, special assessments, interest, or City utility fees due
upon the parcel of land to which the interim use permit application relates.
1070.040 - Variances
Subd. 1. Purpose. The purpose of this section is to provide for deviations from the literal
provisions of this Chapter in instances where their strict enforcement would cause
undue hardship because of circumstances unique to the individual property under
consideration, and to grant such variances only when it is demonstrated that such
actions will be in keeping with the spirit and intent of this Chapter.
Subd. 2. Board Designation
A. The City Council shall act as the Board of Adjustment and Appeals.
B. The City Council shall not approve any variance application unless they find
failure to grant the variance will result in undue hardship on the applicant,
and, as may be applicable, all of the following criteria have been met:
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1. That because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land involved, a
particular hardship to the owner would result, as distinguished from a
mere inconvenience, if the strict letter of the regulations were to be carried
out.
2. That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and are not
applicable, generally, to other property within the same zoning
classification.
3. That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood in
which the parcel of land is located.
4. That the proposed variation will not impair an adequate supply of light and
air to adjacent property, or substantially increase the congestion of the
public streets, or increase the danger of fire, or endanger the public safety,
or substantially diminish or impair property values within the
neighborhood.
Subd.3. Procedures.
A. An application for a variance shall be approved or denied pursuant to
Minnesota Statutes 15.99. Additional City requirements are as follows:
B_Application Process.
Requests for a variance shall be filed with the Zoning Administrator on an
official application form. A non - refundable fee as set forth by the City
Code shall accompany such application. The application shall be
considered as being officially submitted complete when the applicant has
complied with all the specified informational requirements, which shall
include the following:
a. A written description of the request for the variance, including an
explanation of compliance with the variance criteria set forth in this
section.
b. Supporting materials, as outlined in this Section and as determined by
the Zoning Administrator on a case -by -case basis.
2. The Zoning Administrator shall have the authority to request additional
information from the applicant concerning operational factors or to retain
expert testimony with the consent and at the expense of the applicant
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concerning operational factors, said information to be declared necessary
to establish performance conditions in relation to all pertinent sections of
this Chapter.
C. Approval Process.
Upon receipt of a complete application, as determined by staff review, and
following preliminary staff analysis of the application and request, the
Zoning Administrator, when appropriate, shall establish a time and place
for consideration by the Xlanning Commission. At least 10 days before Deleted: Board of Adjustment
the date of the meeting, a written notice of the meeting shall be mailed to
the applicant and to all other owners of property located within 350 feet of
the boundaries of the subject property.
2. Failure of a property owner to receive notice shall not invalidate any such
proceedings as set forth within this Chapter.
3. The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation on the action to the XLa=nnin Deleted: Board
Commission.
4. The Board of Adjustment and Zoning Administrator shall have the
authority to request additional information from the applicant concerning
operational factors or to retain expert testimony with the consent and at the
expense of the applicant concerning operational factors, said information
to be declared necessary to establish performance conditions in relation to
all pertinent sections of this Chapter.
5. The applicant or a representative thereof may appear before the Planning
Commission in order to present and answer questions concerning the Deleted. Board of Adjustment
proposed request.
6. The Board of Adjustment shall make findings of fact and make a
recommendation on such actions or conditions relating to the request, as
they deem necessary to carry out the purpose of this Chapter. Such
recommendations shall be in writing and accompanied by the report and
recommendation of the City staff.
7. The City Council shall not act upon the request until they have received a
report and recommendation from the Xlanning Commission and the Cites Deleted: Board of Adjustment
staff.
8. Upon receiving said reports and recommendations the City Administrator
shall schedule the application for consideration by the City Council. Such
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reports and recommendations shall be entered in and made part of the
permanent written record of the Commission meeting.
9. Upon receiving said reports and recommendations the City Council shall
have the option to set and hold a public hearing if deemed necessary and
shall make a recorded finding of fact and may impose any condition they
considered necessary to protect the public health, safety and welfare.
10. Approval of a request shall require passage by a majority vote of the entire
City Council.
11. In granting any variance under the provisions of this section, the City
Council shall designate such conditions in connection with the request that
will, in its opinion, secure the objectives of the regulations or provisions to
which the adjustment or variance is granted, as to light, air, and the public
health, safety, comfort, convenience and general welfare.
12. In all cases where variances are granted under the provisions of this
section, the City Council shall require such evidence and guarantee, as it
may deem necessary to insure compliance with the conditions designated
in connection with the request.
13. The Zoning Administrator shall serve a copy of the final order of the
Board upon the petitioner by mail.
14. Whenever an application for a variance has been considered and denied by
the Board, a similar application for a variance affecting substantially the
same property shall not be considered again by the Board of Adjustment
or City Council for at least 6 months from the date of its denial; and a
subsequent application affecting substantially the same property shall
likewise not be considered again by the Planning Commission or Board
for an additional 6 months from the date of the second denial unless a
decision to reconsider such matter is made by a majority vote of the full
Board.
Subd. 4. Appeal of Board Ruling. Any person or persons, any private or public to seek
review of the decision with a court of record in the manner provided by the laws
of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as
such statutes may be from time to time amended, supplemented or replaced.
Subd. 5. Expiration. Unless otherwise specified by the Zoning Administrator or City
Council at the time of approval, approved variances shall expire, within one year
after the date of approval unless the applicant has commenced the authorized use
or improvement. Prior to the expiration, the applicant may apply for a time
extension of up to one year.
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The request for extension shall include the renewal fee as set forth in the City
Code and be submitted to the Zoning Administrator not less than 30 days before
the expiration and shall include the renewal fee as set forth in the City Code and
state facts showing a good faith attempt to complete or utilize the approval
permitted in the variance. A request for an extension not exceeding one year shall
be subject to the review and approval of the Zoning Administrator. Should a
second extension of time or any extension of time longer than one year be
requested by the applicant, it shall be presented for approval to the Board of
Adjustment.
Subd. 6. Performance Agreement and Financial Guarantee. Following the approval of
a variance and prior to the issuing of any building permits or the commencing of
any work, the applicant, as may be applicable, shall guarantee to the City the
completion of all private exterior amenities as shown on the approved site plan
and as required by the variance approval. The guarantee shall be made by means
of a performance agreement and financial guarantee as specified in Section
1070.050, Subd. 9.
Subd. 7. Certification of Taxes Paid. Prior to approving an application for a variance, the
applicant shall provide certification to the City that there are no delinquent
property taxes, special assessments, interest, or City utility fees due upon the
parcel of land to which the variance application relates.
(Ord. 211, passed 12- 21 -04, Ord. 231, passed 02- 09 -06)
1070.050 — Site Plan
Subd. 1. Purpose. The purpose of this section is to establish a formal site plan review
procedure and provide regulations pertaining to the enforcement of site design
standards consistent with the requirements of this Chapter.
Subd. 2. Site Plan Approval. Site plan approval is required for all development, except
the following:
A. Agricultural uses and tree farms in the A and RR districts.
B. Single family detached dwellings.
C. Two family attached dwellings.
Subd. 3. Sketch Plan.
A. Prior to filing a formal application, applicants may present a sketch plan to the
Zoning Administrator. The plan shall be conceptual but shall be drawn to
scale with topography of a contour interval not greater than 2 feet and may
include the following:
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1. The proposed site with reference to existing development on adjacent
properties, at least to within 200 feet.
2. General location of proposed structures.
3. Tentative street arrangements, both public and private.
4. Amenities to be provided such as recreational areas, open space,
walkways, etc.
5. General location of parking areas.
6. Proposed public sanitary sewer, water and storm drainage.
7. A statement showing the proposed density of the project and the method
of calculating said density.
8. Extent of and any proposed modifications to land within the Overlay
Districts as described and regulated in Section 1050.
B. The Zoning Administrator shall have the authority to refer the sketch plan to
the Planning Commission and /or City Council for discussion, review, and
informal comment. Any opinions or comments provided to the applicant by
the Zoning Administrator, Planning Commission, and/or City Council shall be
considered advisory only and shall not constitute a binding decision on the
request.
C. Request for sketch plan review and comment by the Planning Commission
shall be filed with the Zoning Administrator on an official application form.
Subd. 4. Application Process. An application for site plan approval shall be approved or
denied pursuant to Minnesota Statutes 15.99. Additional City requirements are as
follows:
A_Request for site plan approval. As provided within this Chapter, request for
approval be filed with the Zoning Administrator on an official application
form. A non - refundable fee as provided for in the City Code shall accompany
such application. Detailed written and graphic materials, the number and size
as prescribed by the Zoning Administrator, fully explaining the proposed
change, development, or use, shall also accompany such application. The
request shall be considered as being officially submitted and complete when
the applicant has complied with all the specified information requirements.
B. Proof of Ownership or Authorization. The applicant shall supply proof of
ownership of the property for which the site plan approval is requested or
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supply written authorization from the owner(s) of the property in question to
proceed with the requested site plan approval.
C. Procedures.
1. The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation on the action to the Planning
Commission and the City Council.
2. The Planning Commission and City staff shall have the authority to
request additional information from the applicant concerning operational
factors or to retain expert testimony with the consent and at the expense of
the applicant concerning operational factors. Said information is to be
declared necessary to evaluate the request and/or to establish performance
conditions in relation to all pertinent sections of this Chapter. Failure on
the part of the applicant to supply all necessary supportive information
may be grounds for denial of the request.
3. The applicant or their representative may appear before the Planning
Commission in order to present information and answer questions
concerning the proposed request.
4. The Planning Commission shall recommend such actions or conditions
relating to the request as they deem necessary to carry out the intent and
purpose of this Chapter.
5. The City Council shall not consider a site plan application until they have
received a report and recommendation from the Planning Commission and
City staff.
IRIIIIM 6. Upon receiving the report and recommendation of the Planning
Commission, the City Administrator shall schedule the application for
consideration by the City Council. Such reports and recommendations
shall be entered in and made part of the permanent written record of the
City Council meeting.
7. The applicant or their representative may appear before the City Council
in order to present information and answer questions concerning the
proposed request.
8. Approval of a request shall require passage by a majority vote of the entire
City Council.
Subd. 5. Evaluation Criteria. The Planning Commission and City Council shall evaluate
the effects of the proposed site plans. This review shall be based upon, but not be
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limited to, compliance with the City Comprehensive Plan and provisions of the
Zoning Ordinance.
Subd. 6. Information Requirement. Every application must contain the following written
and graphic materials in the number and size as required by the Zoning
Administrator:
A. The applicant shall submit electronic files in a manner specified by the City.
The applicant may appeal directly to the City Council for a waiver of this
requirement for applications for a single family home. No waiver shall be
granted under this subsection unless the Council finds that the applicant and
his surveyor do not have ready, economical access to the technology required
to comply with the filing requirement.
B_Location, address (if assigned), legal description, and Hennepin County
property identification number (P.I.N.) of the parcel.
C. Site Plan
1. Name and address of developer /owner.
2_Name, address and Minnesota registration number of
architect /designer /engineer.
3. Date of plan preparation.
4. Dates and description of all revisions.
5. Name of project or development.
6. -Scale of plan (engineering scale only, at one inch equals 50 feet or less).
All plan sheets shall be prepared using the same scale.
7. North point indication.
8. Site data computations including lot dimension, area, and building
coverage percentage.
2.--Required and proposed setbacks.
10. Location, setback and dimension of all buildings on the lot including both
existing and proposed structures.
11. Total number of proposed dwelling units, if any.
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12. Location of all adjacent buildings, improvements and natural resources
located within 100 feet of the exterior boundaries of the property in
question.
13. Adjacent roadway widths.
14. Location, number, and dimensions of existing and proposed parking
spaces.
15. Location, number, and dimensions of existing and proposed loading
spaces.
16. Curb cuts, driveways.
17. Vehicular circulation.
18. Sidewalks, walkways.
19. Site lighting plan.
20. Sign Plan.
21. Location of recreational and service areas.
22. Location of rooftop equipment and proposed screening.
23. Provisions for storage and disposal of waste, garbage, and recyclables.
24. Existing and proposed utility easements and fire hydrants.
25. Location, sizing, and type of water and sewer system mains and proposed
service connections.
D_Grading /Storm Water Drainage Plan
1_Existing contours at 2 -foot intervals.
2_Proposed grade elevations, 2 -foot maximum intervals.
L--Drainage plan including configuration of drainage areas and calculations.
4. Impervious surface area calculation.
5. Storm sewer, catch basins, invert elevations, type of castings, and type of
materials.
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6. Spot elevations.
7_Proposed driveway grades.
8. Surface water ponding and treatment areas.
9. Erosion control measures.
10. Location of proposed street lights, as well as utilities, including electricity,
gas, telephone, and CATV.
E. Landscape Plan
1. Planting Schedule (table) containing:
a. Symbols.
b. Quantities.
c. Common names.
d. Botanical names.
e. Sizes of plant material.
f. Root specification (bare root, balled and burlapped, potted, etc.).
g. Special planting instructions.
2. Location, type and size of all existing significant trees to be removed or
preserved.
3. Planting detail (show all species to scale at normal mature crown diameter
or spread for local hardiness zone).
4. Typical sections in details of fences, tie walls, planter boxes, tot lots,
picnic areas, berms and the like.
5. Typical sections of landscape islands and planter beds with identification
of materials used.
6. Details of planting beds and foundation plantings.
7. Note indicating how disturbed soil areas will be restored through the use
of sodding, seeding, or other techniques.
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8. Delineation of both sodded and seeded areas with respective areas in
square feet.
9. Coverage plan for underground irrigation system, if any.
10. Where landscape or man -made materials are used to provide screening
from adjacent and neighboring properties, a cross - through section shall be
provided showing the perspective of the site from the neighboring
property at the property line elevation.
11. Other existing or proposed conditions which could be expected to affect
landscaping.
F. Other Plans and Information
1. Proof of ownership of the land for which site plan approval has been
requested.
2. Current Survey (within one year of application date).
3_ Architectural elevations of all principal and accessory buildings (type,
color, and materials used in all external surfaces).
4. "Typical" floor plan and "typical" room plan.
5. Fire Protection Plan.
6. Extent of and any proposed modifications to land within the Wetland,
Shoreland or Floodplain District as described and regulated in Sections
1050.010, 1050.020, and 1050.030.
7. Type, location and size (area and height) of all signs to be erected upon
the property in question.
8_ Certification that all property taxes, special assessments, interest, or City
utility fees due upon the parcel of land to which the application relates
have been paid.
9. Sound source control plan.
Subd. 7. Plan Modifications.
A. Minor Changes.
1. Qualifications:
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a. Structural additions involving 10 percent or less of the total existing
floor area.
b. Site expansions or modifications involving 10 percent or less of the
total existing site area.
2. Proposed minor changes which meet all ordinance requirements may be
approved by the Zoning Administrator prior to a building permit being
issued and shall not require Planning Commission or City Council review,
subject to the following:
a. This Section shall apply to developments on file that have City
Council approved site plans.
b. Compliance with all Ordinance requirements, which shall be construed
to include all adopted policies and codes.
c_Any variances from Ordinance and policy requirements shall require
the plan to be subject to the established review and hearing procedures
for plan and variance approval.
d. Plans submitted for minor changes under the terms of this Section
shall be the same as those required for site plan approval by the
Zoning Administrator.
e Minor changes approved by the City shall be placed on file with the
City Council approved plans.
B. Major Changes.
1. Plans not qualifying as minor shall be classified as major.
2. An amended site plan involving major changes shall be applied for and
administered in a manner similar to that required for a new site plan.
Subd.8. Expiration.
A. Unless otherwise specified by the Zoning Administrator or City Council at
time of approval, permit approval shall expire within one year of the date of
approval unless the property owner or applicant has substantially started the
construction of any building, structure, addition or alteration, or use requested
as part of the approved plan. Prior to the expiration, the applicant may apply
for a time extension of up to one year.
B. The request for extension shall submitted to the Zoning Administrator not less
than 30 days before the expiration of said approval and shall include the
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renewal fee as set forth in the City Code and state facts showing a good faith
attempt to complete or utilize the use permitted in the conditional use permit.
A request for an extension not exceeding one year shall be subject to the
review and approval of the Zoning Administrator. Should a second extension
of time or any extension of time longer than one year be requested by the
applicant, it shall be presented to the Planning Commission for a
recommendation and to the City Council for a decision.
C. In making its determination on whether an applicant has made a good faith
attempt to utilize the site plan approval, the Zoning Administrator or the City
Council, as applicable, shall consider such factors as the type, design, and size
of the proposed construction, restrictions on financing, or special and/or
unique circumstances beyond the control of the applicant which have caused
the delay.
Subd. 9. Performance Agreement and Financial Guarantee. Following the approval of
a site plan and before issuance of a building permit, the applicant, shall guarantee
to the City the completion of all private exterior amenities as shown on the
approved site plan and as required by the site plan approval. This guarantee shall
be made by means of a performance agreement as provided below:
A. Performance Agreement.
1_The applicant shall execute the site improvement performance agreement
on forms provided by the City. The agreement shall be approved as to
form and content by the City Attorney and shall define the required work
and reflect the terms of this Section as to the required guarantee for the
performance of the work by the applicant.
2. The required work includes, but is not limited to, private exterior
amenities such as landscaping, private driveways, parking areas,
recreational fields, structures or buildings, signage, lighting, drainage
systems, water quality ponds, wetland mitigation, wetland buffers, erosion
control, curbing, fences and screening, and other similar facilities.
B. Financial Guarantee.
1. Financial guarantees acceptable to the City include cash, cash escrow; an
Irrevocable Letter of Credit; performance bond; or other financial
instruments which provide equivalent assurance to the City and which are
approved by the Zoning Administrator.
2. The financial guarantee shall be for 125 percent of the estimated costs of
improvements, as approved by the City Engineer.
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The term of the financial guarantee shall be for the life of the site
improvement performance agreement. It shall be the responsibility of the
applicant to insure that a submitted financial guarantee shall continue in
full force and effect until the Zoning Administrator shall have approved
and accepted all of the work undertaken to be done and shall thereby have
released the guarantee or reduced the amount of the guarantee as provided
in this Section.
4. The applicant may submit a separate financial guarantee for that portion of
the required work consisting solely of landscaping improvements with
another financial guarantee for all other exterior amenities and
improvements which comprise the work.
C. The time allowed for completion of the required improvements shall be set out
in the site improvement performance agreement. The agreement and the
financial guarantee shall provide a means to the City to cure a default or
reimburse the City the cost of enforcement measures. As various portions of
such required work are completed by the applicant and approved by the City,
the Zoning Administrator may release such portion of the financial guarantee
as is attributable to such completed work. Landscaping improvements shall
not be deemed complete until the City has verified survivability of all required
plantings through one winter season which is defined for the purpose of this
Section as the period of October 31 through April 30.
D. The applicant shall notify the City in writing when all or a portion of the
required improvements have been completed in accordance with the approved
plan and may be inspected. Upon receipt of such notice, the Zoning
Administrator shall be responsible for the inspection of the improvements to
determine that the useful life of all work performed meets the average
standards for the particular industry, profession, or material used in the
performance of the work. Any required work failing to meet such standards
shall not be deemed to be complete and the applicant shall be notified in
writing as to required corrections. Upon determination that the work has been
completed, including the winter season survivability of all landscape
improvements, a notice of the date of actual completion shall be given to the
applicant and appropriate action, to release or to reduce the amount of the
financial guarantee shall be taken by the Zoning Administrator.
Subd. 10. Minnesota State Building Code. The review and approval of site improvements
pursuant to the requirements of City adopted building and fire codes shall be in
addition to the site plan review process established under this section. The site
plan approval process does not imply compliance with the requirements of these
building and fire codes.
Subd. 11. Plan Agreements. All site and construction plans officially submitted to the City
shall be treated as a formal agreement between the building contractor and the
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City. Once approved, no changes, modifications or alterations shall be made to
any plan detail, standard, or specifications without prior submission of a plan
modification request to the Zoning Administrator for review and approval.
Subd. 12. Enforcement. The Zoning Administrator shall have the authority to order the
stopping of any and all site improvement activities, when and where a violation of
the provisions of this section has been officially documented.
Subd. 13. Certification of Taxes Paid. Prior to approval of an application for a site plan,
the applicant shall provide certification to the City that there are no delinquent
property taxes, special assessments, interest, or City utility fees due upon the
parcel of land to which the site plan application relates.
(Ord. 211, passed 12- 21 -04, Ord. 231, passed 02- 09 -06)
1070.060 — Administrative Permits and Approvals
Subd. 1. Purpose. The purpose of this section is to establish regulations and procedures
for the processing and consideration of activities allowed by administrative
permit, and of matters requiring the approval of the Zoning Administrator with
the goal of protecting the health, safety, and welfare of the citizens of the City.
Subd. 2. Administrative Permits
A. Procedures
1. Application for an administrative permit shall be filed by the property
owner or designated agent with the Zoning Administrator on an official
application form.
2. A non - refundable fee as set forth by the City Code shall accompany the
application.
3. The Zoning Administrator shall review the application and related
materials and shall determine whether the proposal is in compliance with
all applicable evaluation criteria, codes, ordinances, and applicable
performance standards set forth in this Chapter.
4. The Zoning Administrator shall make a determination of approval or
denial of the administrative permit pursuant to Minnesota Statutes 15.99.
5. A written permit shall be issued to the applicant when a determination of
compliance has been made. Specific conditions to assure compliance with
applicable evaluation criteria, codes, ordinances, and the standards of this
Chapter may be attached to the permit.
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6. Determination of non - compliance with applicable codes, ordinances, and
the standards in this paragraph shall be communicated to the applicant in
writing and the application for the permit shall be considered denied;
unless, within 10 days of the date of such notice, the applicant submits
revised plans and/or information with which the Zoning Administrator is
able to determine compliance.
7. Unresolved disputes as to administrative application of the requirements
of this paragraph shall be subject to appeal as defined by Section 1070.090
of this Chapter.
Subd. 3. Evaluation Criteria. The Zoning Administrator shall consider possible adverse
effects of the proposed events or activity. Judgment shall be based upon (but not
limited to) the following factors:
A. Compliance with and effect upon the Comprehensive Plan and public facilities
plans.
B. The establishment, maintenance or operation of the use, event, or activity will
promote and enhance the general public welfare and will not be detrimental to
or endanger the public health, safety, morals or comfort.
C. The use, event, or activity 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
neighborhood.
D. The establishment of the use, event, or activity will not impede the normal and
orderly development and improvement of surrounding property for uses
permitted in the district.
F. Adequate public facilities and services are available or can be reasonably
provided to accommodate the use, event, or activity which is proposed.
F. The use, event, or activity shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
G. The use, event, or activity and site conform to the performance standards as
outlined in Section 1060 and all other applicable provisions of this Chapter.
Subd.4. Information Requirements. The information required for all administrative
permit applications shall include:
A. A concise statement describing the proposed use, event or activity, including
the purpose, type of merchandise involved, dates and times of operation,
number of employees involved, provisions for on -site security, provisions for
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Administration, Permits and Procedures
August 24, 2009
Corcoran Zoning Ordinance
on -site parking, and other pertinent information required by the Zoning
Administrator to fully evaluate the application.
B_A copy of the approved site plan for the property or an "as built" survey
which accurately represents existing conditions on the site, including
entrances and exits, bona fide parking and driving areas, and which accurately
indicates any proposed temporary structures, including tents, stands, and
signs.
C. An accurate floor plan, when in the judgment of the Zoning Administrator,
such a plan is necessary to properly evaluate the location of the event and the
effectiveness of available entrances and exits.
D_A copy of the current sales tax certificate issued by the State of Minnesota, if
applicable.
E. Information identified in Section 1070.050, as may be applicable.
Subd. 5. Performance Standards. All uses, events or activities allowed by administrative
permit shall conform to the applicable standards outlined in the zoning district in
which such use, event or activity is proposed.
Subd. 6. Administration and Enforcement
A. The Zoning Administrator shall keep a record of applications and
administrative permits.
B. A copy of all administrative permits issued shall be forwarded to appropriate
staff as determined by the Zoning Administrator.
C. Enforcement of the provisions of this paragraph shall be in accordance with
Section 1080. Violation of an issued permit or of the provisions of this
section also shall be grounds for denial of future permit applications.
Subd. 7. Certification of Taxes Paid. Prior to approving an application for an
administrative permit, the applicant shall provide certification to the City that
there are no delinquent property taxes, special assessments, interest, or City utility
fees due upon the parcel of land to which the administrative permit application
relates.
Subd. 8. Non - Permit Approvals. In cases where the Zoning Administrator is given
approval authority without a requirement for an administrative permit,
determinations shall be based upon the criteria outlined in Subd. 2. of this Section.
Title X: 1070 -25
Administration, Permits and Procedures
August 24, 2009
1070.065 — Certificate of Compliance
Corcoran Zoning Ordinance
Subd. 1. Purpose. The purpose of this section is to establish regulations and procedures
for the processing Certificates of Compliance and of matters requiring the
approval of the Zoning Administrator with the goal of protecting the health,
safety, and welfare of the citizens of the City.
Subd. 2. Certificate of Compliance
A. Procedures
1. Application for an administrative permit shall be filed by the propegy
owner or designated agent with the Zoning Administrator on an official
gpplication form.
2. A non - refundable fee as set forth by the City Code shall accompany
application.
3. The Zoning Administrator shall review the application and related
materials and shall determine whether the proposal is in compliance with
all applicable evaluation criteria, codes, ordinances, and applicable
performance standards set forth in this Chapter.
4. The Zoning Administrator shall make a determination of approval or
denial of the certificate of compliance permit pursuant to Minnesota
Statutes 15.99 as may be amended.
5. A written permit shall be issued to the applicant when a determination of
compliance has been made. Specific conditions to assure compliance with
Mplicable evaluation criteria, codes, ordinances, and the standards of this
Chapter may be attached to the permit.
6. Determination of non - compliance with applicable codes, ordinances, and
the standards in this paragraph shall be communicated to the applicant in
writing and the application for the permit shall be considered denied;
unless, within 10 days of the date of such notice, the applicant submits
revised plans and/or information with which the Zoning Administrator is
able to determine compliance.
7. Unresolved disputes as to administrative application of the requirements
of this paragraph shall be subject to appeal as defined by Section 1070.090
of this Chapter.
Subd. 3. Evaluation Criteria. The Zoniniz Administrator shall consider possible adverse
effects of the proposed events or activity. Judgment shall be based upon (but not
limited to) the following factors:
Title X: 1070 -26
Administration, Permits and Procedures
August 24, 2009
Corcoran Zoning Ordinance
A. Compliance with and effect upon the Comprehensive Plan and public facilities
plans.
B. Compliance with all City Code requirements.
C. The establishment, maintenance or operation of the use, event, or activity will
promote and enhance the eg neral public welfare and will not be detrimental to
or endanger the public health, safety, morals or comfort.
D. The use, event, or activity 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
neighborhood.
E. The establishment of the use, event, or activity will not impede the normal and
orderly development and improvement of surrounding property for uses
permitted in the district.
F. Adequate public facilities and services are available or can be reasonably
provided to accommodate the use, event, or activity which is proposed.
G. The use, event, or activity shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
H. The use, event, or activity and site conform to the performance standards as
outlined in Section 1060 and all other applicable provisions of this Chapter.
Subd.4. Information Requirements. The information required for all administrative
permit applications shall include:
A. A concise statement describing the proposed structure, use, event or activity,
including any pertinent information required by the Zoning Administrator to
fully evaluate the application.
B. A copy of the approved site plan for the property or a survey which accurately
represents existing conditions on the site and which accurately indicates the
proposed changes.
C. An accurate floor plan, when in the judgment of the Zoning Administrator,
such a plan is necessary to properly evaluate the application.
D. Information identified in Section 1070.050, as may be applicable.
Subd. 5. Administration and Enforcement
Title X: 1070 -27
Administration, Permits and Procedures
August 24, 2009
Corcoran Zoning Ordinance
D. The Zoning Administrator shall keep a record of applications and certificates.
E. A copy of all certificates of compliance issued shall be forwarded to
aqppropriate staff as determined by the Zoning Administrator.
F. Enforcement of the provisions of this paragraph shall be in accordance with
Section 1080. Violation of an issued permit or of the provisions of this
section also shall be grounds for denial of future permit applications.
Subd. 6. Certification of Taxes Paid. Prior to approving an application for an certificate
of compliance, the applicant shall provide certification to the City that there are
no delinquent property taxes, special assessments, interest, or City utility fees due
upon the parcel of land to which the certificate of compliance application relates.
Title X: 1070 -28
Administration, Permits and Procedures
August 24, 2009
1070.070 — Development Rights Ma
Corcoran Zoning Ordinance
Subd. 1. Purpose. The Development Rights Map reflects the number of development Deleted: building right J
rights remaining on properties zoned Agricultural and Rural Residential and is
intended to show the maximum number of residential units that may be developed
per individual property.
Subd. 2. Maintenance. The number of development rights shown on the map shall be
revised to reflect the number of remaining development rights on property Deleted: building right
following subdivision of the land or paving of the adjacent street. It shall be the
duty of the Zoning Administrator to maintain the map as required.
Subd. 3. Appeals. Should an objection to the number of development rights remaining on
a particular property arise, the property owner may file an appeal to be heard by
the City Council. All appeals should be submitted in writing to the Zoning
Administrator and should state the calculation error or other justification for the
objection. The Council may decide the matter at any regularly scheduled
meeting. A property owner may only file a second appeal for the same property if
the justification has changed.
1070.080 — Fees
Subd. 1. Administrative fees shall be charged to the applicant based on the fee schedule
adopted by City Council resolution.
Subd. 2. In addition to the application fees set by the City Council, the applicant shall
provide an escrow and agree to pay the total cost of staff and consultant time
spent exclusively in reviewing and researching the application and presenting
requests to the Planning Commission and City Council.
Subd. 3. Fees shall be payable at the time applications are filed with the City and are not
refundable unless the application is withdrawn prior to Planning Commission
review.
Subd. 4. Any escrow not spent on application review shall be refunded to the applicant
after the review and administrative process is completed.
1070.090 — Appeals
Subd. 1. Board Designation. The City Council shall serve as the Board of Adjustments
and Appeals.
Subd. 2. Applicability. An appeal shall only be applicable to an interpretation of
legislative intent of provisions of this Chapter. Opinions and evaluations as they
pertain to the impact or result of a request are not subject to the appeal procedure.
Title X: 1070 -29
Administration, Permits and Procedures Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
Subd. 3. Filing. An appeal from the ruling of an administrative officer of the City shall be
filed by the property owner or their agent with the Zoning Administrator within
30 days after the making of the order being appealed.
Subd. 4. Stay of Proceedings. An appeal stays all proceedings and the furtherance of the
action being appealed unless it is certified to the Board of Adjustment and
Appeals, after the notice of appeal is filed, that by reason of facts stated in the
certificate a stay would cause imminent peril to life and property. In such case, the
proceedings shall not be stayed other than by a restraining order which may be
granted by a court of record on application, and upon subsequent notice to the
City.
Subd. 5. Procedure. The procedure for making such an appeal shall be as follows:
A. The property owner or their agent shall file with the Zoning Administrator a
notice of appeal stating the specific grounds upon which the appeal is made.
Said application shall be accompanied by a fee set forth in the City Code.
B. The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports when appropriate and shall provide general
assistance in preparing a recommendation on the action to the Board of
Adjustment and Appeals.
C. The Board of Adjustment and Appeals shall make its decision by resolution.
D. The Zoning Administrator shall serve a copy of the final order of the Board
upon the petitioner by mail.
Subd. 6. Appeals from the Board of Adjustment and Appeals. Any person or persons,
any private or public board, or taxpayer of the City aggrieved by any decision of
the Board of Adjustment and Appeals shall have the right to seek review of the
decision with a court of record in the manner provided by the laws of the State of
Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may
be from time to time amended, supplemented or replaced.
Title X: 1070 -30
Administration, Permits and Procedures Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
Title X: 1070 -31
Administration, Permits and Procedures Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
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Title X: 1070 -32
Enforcement Provisions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
SECTION 1080 - ENFORCEMENT PROVISIONS
Subd. 1. Process. This Chapter shall be administered and enforced by the Zoning
Administrator who is appointed by the City Administrator. The Zoning
Administrator may institute in the name of the City of Corcoran any
appropriate actions or proceedings against a violator as provided by
statute, charter, or ordinance. The Zoning Administrator's duties shall
include, but not be limited to, the following:
A. Periodically inspect buildings, structures, and uses of land to
determine compliance with the terms of this Chapter.
B. Notify, in writing, any person responsible for violating a provision of
this Chapter, indicating the nature of the violation and ordering the
action necessary to correct it.
C. Order discontinuance of illegal use of land, buildings, or structures;
order removal of illegal buildings, structures, additions or alterations;
order discontinuance of illegal work being done; or take any other
action authorized by this Chapter to insure compliance with or to
prevent violation of its provisions, including cooperation with the City
Attorney in the prosecution of complaints.
D. Maintain permanent and current records of the Zoning Ordinance,
including all maps, amendments, conditional uses and variances.
E. Maintain a current file of all permits, all certificates and all copies of
notices of violation, discontinuance, or removal for such time as
necessary to insure a continuous compliance with the provisions of this
Chapter and, on request, provide information to any person having a
proprietary or tenancy interest in any specific property.
F. Provide clerical and technical assistance to the Planning Commission
and Board of Zoning Adjustments and Appeals.
G. Receive, file and forward as applicable to the Board of Adjustment,
Planning Commission, or City Council all applications for conditional
use permits, variances, amendments or development plans as required
herein.
H. Maintain the Development Rights Map.
Title X: 1080 -1
Enforcement Provisions Corcoran Zoning Ordinance
August 24, 2009 DRAFT April 7. 2011
Subd. 2. Violations. In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained; or any building,
structure or land is used in violation of this Chapter, the Zoning
Administrator, in addition to other remedies, may institute any proper
criminal action or proceedings in the name of the City of Corcoran.
Therefore, the Zoning Administrator shall hereby have the powers of a
police officer to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, or use, to
restrain or correct such violations, to prevent the occupancy of said
building, structure or land, or to prevent any illegal act, conduct, business
or use in or about said premises.
Subd. 3. Penalties. Any person who violates a provision of this Chapter is guilty
of a misdemeanor and, upon conviction thereof, may be punished as
allowed by State Statute and as identified in Section 10.19 (B) of the City
Code. Each act of violation and every day on which a violation occurs or
continues is a separate violation.
(Ord. 231, passed 02- 09 -06)
■
Title X: 1080 -2
Corcoran Design Guidelines Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 201 1
DESIGN GUIDELINES
Recommendations for Overall Design Standards
Objectives
The objective for developing design guidelines for the City of Corcoran is to
establish:
A clear definition of urban design objectives that informs citizens,
developers, and decision - makers.
• A tool that designers can use to incorporate general and specific
approaches and techniques in their plans that will achieve City design
objectives.
• A basis for uniform and consistent review of development proposals by the
City Council and Planning Commission.
The Corcoran General Design Guidelines should meet the following goals:
Goal 1: Preserve the unique, rural character of Corcoran.
Goal 2: Establish a consistent, high quality baseline design standard for all
districts.
Goal 3: Maintain a high quality, harmonious visual environment.
Goal 4: Communicate the community's expectations for new development in
Corcoran.
Application
The design guidelines are intended to be applied in all districts where a District
Plan has been developed. These guidelines are designed to be complimentary
to the District Plans, the existing Comprehensive Plan, the Zoning Map, and
Zoning Ordinances. Illustrations have been included to further explain the design
guideline intent.
Organization
The District Plans and Design Guidelines begin with General Design Guidelines
which apply across all districts. This general section is followed by the District
Design Guidelines and District Plans which are specific to the three districts in
the City of Corcoran — Southwest, Northeast and Southeast. District Design
Guidelines are applied in addition to the General Design Guidelines, and address
unique conditions or uses in that District. The Southwest, Northeast, and
Southeast District Plans accompany the Design Guidelines for each District.
These build on the concepts identified in the Comprehensive Plan.
Title X: Appendix A -1
Corcoran Design Guidelines Corcoran Zoning Ordinance — AppendixA
DRAFT April 7. 2011
The Southeast District Plan and Design Guidelines also include the Downtown
Illustrative Plan and Downtown Design Guidelines which are also applied in
addition to the General Design Guidelines and the Southeast District Design
Guidelines.
Title X: Appendix A -2
Corcoran Design Guidelines
GENERAL DESIGN GUIDELINES
Recommendations for Overall Design Standards
General
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
• All new development should be designed to value, respect and preserve
Corcoran's identified natural features and resource corridors.
• Rural view sheds and identified view corridors should be preserved and
maintained wherever possible as important contributors to Corcoran's
character.
• All new development should provide for pedestrian as well as vehicle
circulation, and shall create links to existing and proposed sidewalks and
trails.
• All new development should be sensitive to existing residences in the
design and location of new uses and buildings with respect to shading,
viewsheds, and potential light and noise pollution. Where necessary,
appropriate screening or buffering shall be provided.
• New business parks should not be designed only for larger businesses,
but should also accommodate the small and mid -sized businesses that
enhance Corcoran's rural community.
Streets, Public Space and Amenities
• All arterial roads should have a minimum 100 -foot setback to preserve a
rural road character. This area shall be maintained as a natural buffer
preserving mature trees and shrubs, with native grasses and wildflowers
encouraged.
• Along County Road 116 a rural greenway is proposed with trails and
amenities. New development along this route will be required to continue
the greenway throughout Corcoran based on the City's design.
• Key intersections have been identified as primary entrances to Corcoran
and should be designed as "gateways" to the City; gateway elements
could include open space, unique landscaping, walls or gates, City identity
signage and water features.
• Direct access for new developments should be restricted on Highway 55
and County Roads 101 and 116; driveways serving only one parcel or use
should be prohibited along these roads.
Title X: Appendix A -3
Corcoran Design Guidelines
Corcoran Zoning Ordinance — AppendixA
DRAFT April 7. 2011
• Direct access from County Road 30 and the new alignment of County
Road 50 should be limited. Driveways serving only one parcel or use are
highly discouraged in along these roads.
• Through roads with connections to existing roads are encouraged; streets
with cul -de -sacs should be limited.
• All residential development should seek to preserve and maintain some
natural open space; larger developments will be required to designate
common areas for residents shared use and /or to identify and preserve
land for a neighborhood park.
Site Planning and Development
Marker with
incorporated
signage
Welcoming design element
combines wall and
landscaping with signage
• Well- landscaped open areas should be provided at the main road
entryway to new developments; gateway or welcoming design elements,
including water or landscape features, signage and lighting are
encouraged.
Trail or
Sidewalk
rf17Dii Filtration
Stormwater Vegetation
Holding Pond
Title X: Appendix A -4
More formal and
groomed
landscaping
Corcoran Design Guidelines
Corcoran Zoning Ordinance —Appendix A
DRAFT April 7. 2011
• Preserve and maintain identified natural resource areas, existing healthy
areas of native vegetation, mature trees, wetlands, ponds, and other
natural features to the extent possible; design which harmonizes more
groomed and landscaped areas with more natural landscape is
encouraged.
• Site design that integrates identity signage and lighting into the landscape
is encouraged.
• Provide for both private and common or public open spaces; connections
from open spaces to existing or proposed trails and sidewalk networks are
encouraged.
• Limit parking provided between buildings and the main road; distribute
parking around the building, especially to the side and back of buildings.
Landscaped edge that combines
fence with trees, low shrubs and
ground cover for parking lot
screening and buffering along
sidewalk
• Parking areas should be well - landscaped and screened from the street;
larger parking areas should be planned with internal landscaping and
divided into smaller areas where possible.
• Buildings should be oriented to minimize views of service areas, loading
docks and equipment from the street and other developments; these
views can be buffered with a combination of landscaping and screening;
trash areas should not be visible from the street; where this is notpossible Deleted: possible tney
Title X: Appendix A -5
Corcoran Design Guidelines
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
they must be fully screened and buffered to mitigate the noise and visual
impacts.
Trail or sidewalk
.— Y, — a rain garden; plant
s
s soil provide filtration
Stormwater ponds, dry ponds and other stormwater management or
holding areas shall be designed to be attractive in both flooded and dry
conditions; use of native plants for filtration around pond and wetlands is
encouraged.
• Sustainable design approaches to site and landscape design, especially
for storm water management and water shed quality is encouraged.
All landscaping shall preserve and enhance natural features (such as
wetlands, drainage ways, mature stands of trees, and the like), enhance
architectural features, strengthen vistas and important amenities and
provide shade.
Architecture
• Buildings should be constructed and maintained for permanence and
longevity — durable, maintainable materials should be used; temporary
buildings, metal sheds, etc. shall not be permitted except when allowed as
accessory buildings.
• Buildings should be designed to relate well to the existing environment,
both natural and man -made, and consider context in massing, materials,
style and color.
• Design of the landscape and hardscape should be coordinated and
harmonious with the building design and materials.
• Multi- family buildings should be designed to provide both private and
common outside space and units with terraces, balconies or other private
exterior space are encouraged. Orientation of building and unit
entrances, windows, garages, etc. should be considered for visual and
acoustic privacy.
Title X: Appendix A -6
Corcoran Design Guidelines
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
• Buildings should be oriented and designed to consider sun and shade,
wind exposure and snow drifting to avoid creating icy or dangerous
conditions.
C
e:
%/ i
v
Mi+y�n.,�,�N�pp�ri�,� ae
Awning with accent lighting
and graphics instead of
applied signs
1st story with glazed
display windows
Entry feature; well distinguished
and covered from the weather
• Building entries should be visible from the main street or entry route, and
distinguished from the building fagade; entrance areas should be well lit,
covered or protected from weather, and include significant glazing and
glass doors where the public will be entering buildings.
Well defined roof line
and
overhang
expression
Maximize
glazing,
especially
on front
facade
Expressed base and
cap
• Buildings should be designed with quality materials on all sides; all
facades shall be articulated with a variety of materials, glazing or other
details to add visual interest, although the front fagade may have a unique
Title X: Appendix A -7
Corcoran Design Guidelines Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
design or more significant glazing; long blank exterior surfaces shall be
avoided.
i MWIMI1
Retail /Commercial Building
Rooftop equipment shall be screened
from the line of site of pedestrians and
integrated into the design and massing
of the roof form
• Equipment, mechanical systems, transformers, etc. must be screened
from view in a way that is integral to the architecture of the building.
Screening should be accomplished with materials similar to or compatible
with materials used on the main structure; metal fencing or mechanical
vent screens alone are not sufficient.
Roof line —
parapet or
enlarged
cornice
Finish
materials on
all side
of
architectural pier — element
is constructed in 3
dimensions with finish
materials on all sides
�— Retail /Commercial ! Front corner view of
Building architectural pier
• Roof lines and cornice details shall be completed in a 3- dimensional
manner so that the back of roof features or similar unfinished areas are
not visible.
Title X: Appendix A -8
Corcoran Design Guidelines
Projecting
or Hangin
Sign
Wall Si
integrated
into 1
building
design
Corcoran Zoning Ordinance — AppendixA
DRAFT April 7. 2011
Pedestrian - Oriented Tenant Signs
Awning Sign
Window Signs
• Signage and lighting which is integrated into the design of the building is
encouraged.
Regional Architectural Styles. The
design of buildings, particularly
important civic buildings, shall
reflect regional traditions.
Agrarian Style
Prairie Style
• Architecture of new buildings should be respectful of the existing
agricultural and historical structures which enhance the rural character of
Corcoran; design which reflects the elements of vernacular prairie -style or
agrarian architecture is encouraged.
Title X: Appendix A -9
Corcoran Design Guidelines Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
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Title X: Appendix A -10
Corcoran Design Guidelines
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
DISTRICT DESIGN GUIDELINES
District Descriptions and Recommendations for District Specific Design
Standards
District Plan follows
Southwest District Design Guidelines
The Southwest District offers Corcoran the opportunity to establish a "gateway"
to the City on State Highway 55 at County Road 19. Development in this district
should be of the type and quality that will add significant value for the City. The
District Plan calls for high quality business parks along Highway 55 and County
Road 19, with well - landscaped setbacks and buffers. The presence of a major
natural resource corridor creates the opportunity for mixed residential
development offering a mix of housing types and densities while preserving
significant natural features.
Site Development
• Site design and landscaping should be designed to work with the existing
topography of this area, preserving the rolling hills and natural view
corridors.
• Commercial areas should be designed as high quality business parks,
with appropriate office, commercial and light industrial uses.
• New residential development should include a range of housing types
(townhouses as well as single - family attached and detached) and
densities.
• New residential development should reserve land for a neighborhood park
as well as "natural open space "; these spaces should be linked to the trail
system.
Streets and Public Amenities
The intersection of County Road 19 and State Highway 55 should be
developed as a "gateway" to the City of Corcoran with appropriate open
space and gateway elements, such as identity signage, lighting,
landscape and water features. The design should express the unique
character of Corcoran's rural community.
Driveways and other direct access from new developments to State
Highway 55 shall not be permitted. New access roads shall be provided
for access to properties that currently front the highway.
Title X: Appendix A -11
Corcoran Design Guidelines
Access shall be
residential uses,
discouraged.
Corcoran Zoning Ordinance — AppendixA
DRAFT April 7. 2011
from a new road network, for both business park and
with connections to existing roads; cul -de -sacs are
NUgUSI /. 200
Title X: Appendix A -12
Corcoran Design Guidelines
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
DISTRICT DESIGN GUIDELINES
Descriptions and Recommendations for District Specific Design Standards
District Plan follows
Northeast District Design Guidelines
At one of the major entrances to the City of Corcoran, the Northeast District Plan
establishes a gateway to the community that reflects the City's rural character.
The plan offers opportunities for expanded tax base, jobs and services by taking
advantage of Maple Grove's nearby higher density development. The primary
entry into the Northeast District is County Road 30, where a mixed -use PUD
(planned unit development) will combine a mix of low and medium density
residential with mixed -use commercial, including neighborhood retail, service
retail, commercial and office uses. The edge of the district along County Road
101 is planned primarily for high quality business parks, with some destination
commercial or retail uses closer to the County Road 30 intersection.
General Site Development
The commercial area along County Road 101 should be designed as high
quality business parks, with appropriate office, commercial and light
industrial uses.
Retail uses should be limited to the commercial area indicated near the
County Road 101 and 30 intersection or included within the County Road
30 mixed -use PUD area.
Within the PUD, residential development should provide for life -cycle
housing for empty nesters, retirees, and first -time home buyers with a
range of housing types (condominiums, townhouses, and single - family
attached) and densities.
Streets, Trails, Parks and Public Amenities
County Road 30 is a major entry point into the City of Corcoran, which
warrants a unique design treatment as it meets County Road 101; this
intersection should be developed as a "gateway" with significant
landscaped open space and appropriate entry elements; the design
should express the unique character of Corcoran.
County Road 30 from County Road 116 to County Road 101 should be
developed as a green corridor with landscaped setback, center boulevard
and other enhancements that will express a sense of entry while
maintaining an open, rural road character.
Title X: Appendix A -13
Corcoran Design Guidelines
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
• Enhancements at the intersection of County Roads 116 and 30 should be
designed similar to major County Road 116 intersections in the downtown
and southeast district.
• The County Road 116 rural greenway should continue north through this
district, with trail connections to new civic or community spaces as well as
retail or destination uses within the PUD.
• Mixed commercial - retail within the PUD should be designed around public
or common areas that are linked by trails or sidewalks. The design should
also include sidewalks and trails to connect neighborhood retail and public
spaces to the adjacent residential neighborhoods.
• Mixed -use and new residential development within the PUD should
include a designated neighborhood park in addition to natural open space
(woods, wetlands, meadows, etc.).
• The planned extension of County Road 117 to County Road101 should be
planned and designed in a way that is sensitive to existing residential uses
in that area.
• Direct access for new developments should be limited on County Roads
101, 116 and 30. Future plans for access on these roads should balance
traffic demand and future development.
Title X: Appendix A -14
Corcoran Design Guidelines
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
Title X: Appendix A -15
Corcoran Design Guidelines Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
This page left intentionally blank.
Title X: Appendix A -16
Corcoran Design Guidelines
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
DISTRICT DESIGN GUIDELINES
Descriptions and Recommendations for District Specific Design Standards
District Plan follows
Southeast District Design Guidelines
The Southeast District is intended to be the central focus of new retail and
commercial development within the City. The center of the district is designated
as a mixed -use PUD (planned unit development) combining retail and service
commercial with a mix of low, medium and higher density residential to expand
"downtown" Corcoran. The higher level of anticipated development is balanced
by extensive open space and natural resources, including two golf courses, Lions
Park, Corcoran Community Park, and the Rush Creek corridor. These areas
provide some natural boundaries to development in this district and offer
opportunities to create amenities within future developments.
The primary challenge to development in this district is increasing the intensity of
use without overloading the existing transportation network. Current plans to
reroute County Roads 10 and 50 will create safer, better managed traffic flow
through the area and eliminate or correct several difficult and dangerous
intersections. County Road 116 will continue to be the central route through
downtown Corcoran, but improvements are planned for where 116 passes
through the downtown area. The alignment of the road will shift to the east as it
comes into downtown, creating additional frontage for improvements to the
existing commercial area on the west side of the road. The road redesign will
extend the planned County Road 116 rural greenway through downtown, and
traffic controls, lighting, gateway identity elements and other improvements will
be added at appropriate intersections to communicate that this is a downtown
area.
The Southeast District has the existing Corcoran Community Park with adjacent
land owned by the Rockford School District. This land should continue to be
reserved for a future school and community park. The rerouting of County Road
10 provides an opportunity to expand the existing park as residential
development projects proceed in this area. The district plan calls for mid to
higher density residential development in the immediate area of the school site,
with an emphasis on housing for young families and first -time buyers.
The center of the Southeast District is the mixed -use PUD which is intended to
establish a new "traditional Main Street type" downtown, and includes the
commercial area currently referred to as downtown Corcoran. The new
downtown area should continue to reflect the character of Corcoran as a rural
community, while offering Corcoran residents a local place to shop, eat out, walk,
meet neighbors and gather as a community. More detailed description of the
downtown plan and design guidelines, including the proposed Downtown Overlay
Title X: Appendix A -17
Corcoran Design Guidelines
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
District are provided in the Downtown Illustrative Plan and Design Guidelines
section.
The existing downtown commercial area along the west side of County Road 116
and along the current County Road 10/50 intersection is planned to remain
commercial, but improvements or redevelopment should plan to close driveways
from County Road 116, address parking issues and improve the overall
appearance of the area. The existing business - industrial park will remain but, in
the future, office and business uses will be encouraged over industrial uses.
General
• Development should be appropriate for a traditional downtown area, with
buildings combining retail, commercial, and residential uses. Buildings of
two or more stories are encouraged.
• Site design and landscaping should be designed to work with the existing
topography of the area, preserving the rolling hills, Rush Creek natural
resources corridor, woods and wetlands, and natural view sheds and
corridors.
• New residential development should provide for the full range of life cycle
housing, offering choices of housing types (apartment style, condominium
lofts or flats, townhouses as well as single - family attached and detached)
at low, medium and higher densities.
• New medium and higher density residential development should be
sensitive to existing residential uses, with well- designed transitions from
multi - family to existing single family residential areas.
TND example with traditional street
grid and porches facing the street
Alley with garage access at mid -
block and rear of house
Sidewalks and boulevards with
regularly spaced street trees
Traditional neighborhood design (TND), based on a traditional street grid
and blocks with alleys for garage access, is a desirable option for
downtown medium density areas. Single family houses, either detached
Title X: Appendix A -18
Corcoran Design Guidelines
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
or attached, should face the street with front porches and stoops, with
front yards, sidewalks and boulevards with regularly spaced street trees
lining the block.
Example of
protruding garage
form. Garage
forward design
dominates view from
sidewalk and street
and is highly
discouraged
• All downtown residential developments should be planned and designed
to minimize paving for driveways and surface parking. Garage forward or
protruding garage homes or townhomes are highly discouraged.
Land Use
Destination retail, restaurant and entertainment uses are encouraged in
this district, with a downtown location preferred over other commercial
districts.
Development of "big box" retail -only centers are highly discouraged in the
Southeast District. Within the downtown mixed -use PUD, larger retail
stores may be included, but should be designed in combination with
smaller stores and other complementary uses.
Commercial development such as "fast food ", new gas stations, or similar
auto - dominated and drive - through facilities, "big box" or large retail -only or
other single -use commercial developments and stand -alone "pads"
developed with corporate architecture are discouraged in the downtown
area.
Site Development
• Mixed -use, commercial and retail within the downtown PUD should be
designed around public or common areas, linked by a pedestrian network
of sidewalks and trails. This network of open space should include formal
plazas, squares and gardens, designated parks and informal landscaped
Title X: Appendix A -19
Corcoran Design Guidelines Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
greens, in addition to more natural areas of open space (woods, wetlands,
meadows, etc.).
• Downtown buildings should be oriented to the street, with the majority of
parking to the side or rear. Building entrances from the rear parking area
are acceptable if a front entry from the street is also provided; otherwise
the main entry should be located at the building corner with equal access
to the street and parking lot.
• New development in higher density areas can create significant storm
water issues, so creative approaches to the management of storm water
runoff are encouraged.
Streets, Trails, Parks and Public Amenities
• The existing road network should be maintained as a continuous network,
with new connections where needed. Cul -de -sacs are strongly
discouraged.
County Road 116 is proposed as a rural greenway corridor with
landscaped setback, trails and public amenities. Where County Road 116
passes through downtown, this road curves to the east to allow for a
center landscaped boulevard and other enhancements that will express a
sense of downtown identity. The intersections of County Road 116 and
Larkin Rd (new County Road 50), and County Road 116 and City Hall
Drive (proposed new road just south of City Hall) mark the entry points
into this area, and the start of the proposed boulevard. The design of
these intersections should balance the needs of traffic and pedestrians.
• The County Road 116 rural greenway should continue north and south
through this district, with trail connections to new civic and community
spaces and uses.
• Direct access for new developments is restricted on County Road 116 and
should be limited on County Roads 50 and 10.
• New residential development should reserve land for a neighborhood park
as well as designating preserved common areas of both landscaped and
"natural' open space.
• New public spaces, parks, and common greens or open space should be
linked to other community parks and open space with trail connections to
the existing and proposed City parks and trail system.
• Pedestrian safety should be provided for in the design of streets in this
district. Enhancements to safety, including crosswalks, narrowed
Title X: Appendix A -20
Corcoran Design Guidelines
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
intersections, lighting, planted center medians, and landscaped
boulevards that include street trees and warning signage are encouraged.
Architecture
• Commercial development should be designed with a traditional
"downtown" character and quality; two and three -story buildings are
encouraged.
• Rural architecture styles, such as prairie style, are encouraged, as are the
use of regional building materials and native plants and landscaping.
So
Augu
Title X: Appendix A -21
LE
V
pre
Corcoran Design Guidelines Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
This page left intentionally blank.
Title X: Appendix A -22
Corcoran Design Guidelines
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
DISTRICT DESIGN GUIDELINES
Descriptions and Recommendations for Downtown Design Standards
Downtown Illustrative Plan follows
The Downtown Illustrative Plan and Design Guidelines
Downtown is the center of the Southeast District, bounded by City Hall and the
Rush Creek Golf Course to the north, the existing commercial along existing
County Roads 50/10 and 116 to the west, Maple Hill Road to the east and the
Shamrock Golf Course to the south. The downtown is intended to offer citizens a
central community "place" with small town downtown qualities, including a
pedestrian - friendly environment, spaces for community get - togethers and
activities and the community resources every City needs. Anchored by the City
Hall, the downtown district will be the eventual location of other public buildings,
such as a post office and library. The downtown plan also includes public
amenities such as a linear town square with a gazebo, memorials, etc., City Park
and band shell and future water tower.
The Downtown Plan illustrates the type of town plan layout and the community
spaces and amenities envisioned by the City of Corcoran. The purpose of the
Corcoran Downtown Illustrative Plan and Downtown Design Guidelines is to
provide for the orderly and integrated development of a high - quality downtown for
Corcoran that includes a mix of shops, restaurants, offices, housing, recreation,
community facilities, parks and open space, all within a walkable area designed
to be both pedestrian - friendly and auto - accessible. The downtown PUD
(planned unit development) will allow for a mix of commercial, retail, institutional
and residential uses to be developed within the context of the Southeast District
Plan and Design Guidelines. Downtown residential areas are planned to include
a wide range of housing types, and several of these types are illustrated in the
plan and described in the design guidelines. The Downtown Illustrative Plan will
act as a framework and guide to development within the PUD. The final PUD
plan may differ from the Downtown Illustrative Plan in the details of development
of any specific block or site, but the primary elements of the plan, including the
public infrastructure (roads, parks, trails, open space) and the quality and
character which makes this plan unique to Corcoran are expected to be
maintained.
The Downtown Overlay District is a section of the Zoning Ordinance that applies
to a specific area within downtown Corcoran. The Downtown Overlay District is
where development will be most concentrated, and where controls are needed to
produce the traditional "Main Street" qualities that Corcoran is seeking. The
Downtown Design Guidelines that follow will provide more detailed standards for
site planning, placement of building masses, architecture, lighting, signage,
materials, and design of the public realm.
Title X: Appendix A -23
Corcoran Design Guidelines
General Land Use
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
• Downtown development should be appropriate for a traditional downtown
area, with mixed -use buildings combining retail, commercial, and
residential uses; two and three -story buildings are encouraged.
• Destination retail, restaurant and entertainment uses, particularly mixed
with compatible, complementary or other synergistic uses, are
encouraged.
• Shared parking should be encouraged to take advantage of varying
parking demands between mixed uses.
• Within the downtown, the Downtown Overlay District is intended to apply
to the pedestrian- oriented "Main Street" area as indicated on the
Southeast District Plan. If the development in this District shifts or extends
beyond this boundary, the Downtown Overlay District may need to be
extended accordingly.
• The Downtown Overlay District extends approximately 250 feet on either
side of the right -of -way of all streets within the DOD, and is intended to
include all the street frontage properties.
• Commercial office or retail uses with an accessory drive - through are
discouraged in downtown.
• New auto - dominated commercial development such as fast food, gas, or
similar drive -up or drive - through facilities are discouraged in downtown.
• Commercial "big box" or larger retail -only or other single -use commercial
developments are highly discouraged downtown.
Streets, Trails, Parks and Public Amenities
• County Road 116 and Main Street (old County Road 50/10) in the center
of Downtown warrants a unique design treatment. This intersection will be
developed as the entry into Main Street with appropriate identity elements.
The County Road 116 greenway will offer trails through a landscaped
open space, which extends into the central village green.
• The County Road 116 roadway and intersections design should provide
for the expected traffic level and turn movements while facilitating safe
pedestrian crossings.
Title X: Appendix A -24
Corcoran Design Guidelines Corcoran Zoning Ordinance — AppendixA
DRAFT April 7. 2011
• The linear Town Square is conceived as a community focal point with
passive uses (greens, gardens) and active uses (gazebo, bandshell) are
incorporated into the design. Mixed -use buildings line the square, with
front door parking provided to encourage strolling and shopping.
Title X: Appendix A -25
M
North end of linear town square is
anchored by an active use -
1 '
commercial, entertainment or cultural
>
Formal green space with band shell
or gazebo looking out over a wide
lawn (for community concerts or
74 (
other events)
parking Front door an led
9 P g for mixed-
use buildings facing the square, as
well as for park events
Jtl
Key intersection at County Road 116
and the new "Main Street" (Old County
Road 10/50). Improvements to the
4
intersection will provide for better
-
pedestrian crossing and management
_ - (
of turning traffic
&
Informal green space with meandering
paths, gardens and passive uses
County Road 116 bows to the east to
create a green "buffer" to soften the
existing commercial while still keeping
_
good visibility for these businesses. A
new frontage road provides safer access
a
to these properties
l
—Civic building anchors south end of
linear town square; front plaza provides
for historical
an opportunity memorials,
marker or other public elements
• The linear Town Square is conceived as a community focal point with
passive uses (greens, gardens) and active uses (gazebo, bandshell) are
incorporated into the design. Mixed -use buildings line the square, with
front door parking provided to encourage strolling and shopping.
Title X: Appendix A -25
Corcoran Design Guidelines
Corcoran Zoning Ordinance — AppendixA
DRAFT April 7. 2011
Main Street (old County Road 10/50) is designed as a traditional
downtown main street, lined with street trees and planters, pedestrian
street lights, and street furniture including benches and trash receptacles.
The fixtures which are selected for Main Street should be required on
streets within the Downtown Overlay District, and highly encouraged
throughout the downtown for visual continuity.
All intersections in the downtown should be designed to be safe and
accessible for pedestrians. Enhancements to safety include paving or
striping of crosswalks, narrowed intersections, street lighting, planted
center medians or landscaped boulevards and warning signage at busy
crossings.
Ilk Zones
ig Area
estrian Path
ghting /Planting
- Parking
Narrowed
Intersection
with planting
and kiosk
Eone defined
lg or change
als
• Typical sidewalks in the Downtown should be "zoned" to include on- street
parking, landscaping and street trees, lighting, seating areas, a pedestrian
or walking path and area designated for other street furniture and
commercial opportunities, including newspaper boxes and trash
receptacles.
• On- street parking is encouraged on streets within the downtown. Streets
should be designed for parking, with the parking zone defined either by
curbing or with a change in paving materials.
Title X: Appendix A -26
Corcoran Design Guidelines
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
• Mixed commercial - retail within the PUD should be designed around public
or civic spaces linked by sidewalks. The site development design should
also include connections between civic spaces, retail and adjacent
residential neighborhoods.
Architecture
• Commercial development should be appropriate for a traditional
"downtown" area, generally with one to three story buildings for a mix of
retail, service commercial, office and residential uses. Four -story
buildings may be acceptable for senior housing and some residential and
commercial mixed -use projects.
• All development should be designed with a traditional "downtown"
character and quality: with multi -story buildings lining the streets and wide
sidewalks in front.
• Zero lot line buildings are allowed anywhere within the Downtown Overlay
District. Zero lot line buildings are preferred for lots and building facing on
Main Street and highly encouraged on all streets within the downtown.
• Buildings should be oriented to the street with traditional storefronts along
the sidewalk. Awnings, overhangs and arcades are encouraged where
pedestrians are expected to walk and shop.
• Corporate architecture is highly discouraged in downtown Corcoran;
corporate chains should work to customize their architecture to express
their design "brand" within a design, context and material appropriate to
the character of downtown Corcoran.
• Mechanical equipment, service and trash areas must be fully enclosed
and integrated into the architecture and materials of the building.
Title X: Appendix A -27
Corcoran Design Guidelines
Corcoran Zoning Ordinance — AppendixA
DRAFT April 7. 2011
Building identity signage
highlighted by architectural
elements (cornice)
Tenant signs incorporated
into building "sign band"
above the awning
• Signage and graphics should be integral to the building architecture, or
used as a decorative design element. Backlit, box signs are not
acceptable in the overlay district and are discouraged in downtown
generally.
• Decorative neon, moving or other decorative sign types are desirable
when displayed within storefront window interiors of downtown buildings.
Title X: Appendix A -28
Corcoran Design Guidelines
Downtown Area Plan
�s
t7
L V
fiJ.�.
• I
Title X: Appendix A -29
Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
Corcoran Design Guidelines Corcoran Zoning Ordinance — Appendix A
DRAFT April 7. 2011
This page left intentionally blank.
Title X: Appendix A -30
Title X: Appendix A -1
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060
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Multiple Family 1
Page 1: [1] Deleted
MF -1
Kendra Lindahl
3/15/2011 1:32:00 PM
Page 2: [2] Deleted LFM028 3/22/20119.07:00 AM
1050.040 Downtown Overlay District ...................... ..........................Title X: 1050 -53
Page 7: [3] Deleted LFM028 3/16/20112:58:00 PM
Except in the A and RR districts, no accessory building, structure, or
use shall be allowed within a front yard.
Setbacks
Setbacks for accessory buildings in the A and RR district shall comply
with the following:
Front yard — same as underlying zoning district
Side yard — 20 feet
Rear yard — 15 feet
Agricultural uses shall be a minimum of 100 feet from all
property lines, unless the agricultural use is an animal shelter
and said shelter is no more than one -half the allowable square
footage as set forth in Subdivision 2(F) of this section, in which
case said shelter may be set back a minimum of 25 feet from
the property line and 75 feet from neighboring residences.
Setbacks for accessory buildings in the urban residential zoning
districts shall comply with the following:
Front yard — no accessory building shall be located in the front
yard
Side yard — 10 feet
Rear yard — 10 feet
Accessory buildings in the non- residential zoning districts shall
comply with the following:
Front yard — no accessory building shall be located in the front
yard
Side yard — 10 feet
Rear yard — 10 feet
Yards adjacent to residential — accessory buildings shall
comply with the minimum setback requirements for principal
structures in the district.
Page 7: [4] Deleted LFM028 3/16/20112:59:00 PM
res
Eaves
Overhang
10' or less
12"
12"
10' — 12'
12"
18"
12' — 13'6" to provide
for a 12' door
12"
24"
00 or 25 percent of the area of the rear yard, whichever is less.
00
CO
40
60
80
00
20
40
60
80
00
25
50
75
00
25
50
75
00
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50
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100
125
150
o75
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100
125
50
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00
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JP
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Page 9: [5] Deleted LFM028 3/16/20113:06:00 PM
Accessory buildings located on parcels 3 acres in size or smaller,
must have identical roof and siding as the principal structure.
Sidewall height shall be measured from the base of the structure to
the bottom of the eave on the exterior sidewalls.
The following sidewall heights, eaves, and overhang standards
shall exist:
Sidewall Height
Eaves
Overhang
10' or less
12"
12"
10' — 12'
12"
18"
12' — 13'6" to provide
for a 12' door
12"
24"
The maximum sidewall height of an accessory building
constructed in the front or side yard is 10 feet and a maximum
sidewall height of an accessory building constructed in the rear
yard is 13 feet, 6 inches.
Agricultural Buildings.
Accessory buildings constructed on properties with the
Agricultural Preserve Designation, for the exclusive use of
sheltering agricultural machinery, animals and storage of
agricultural products, shall be exempt from building permit fees
and architectural standards. The buildings shall comply with all
setback requirements of the zoning district. Administrative
review of the application and site plan will be required.
Accessory buildings constructed on properties defined by the
City Code as "true farming ", for the exclusive use of sheltering
agricultural machinery, animals and storage of agricultural
products, shall be exempt from the architectural standards.
Page 12: [6] Deleted LFM028 3/14/20111:15:00 PM
Within the MUSA Outside the
MUSA
Page 12: [7] Deleted LFM028 3/14/20111:15:00 PM
Minimum contiguous developable area 1 1.5 acres 1 1.5 acres
Page 3: [8] Deleted Kendra Lindahl 3/15/2011 1:51:00 PM
Accessory Dwelling Unit, subject to the following:
Not more than one accessory dwelling unit shall be allowed on a
single - family detached lot.
An accessory dwelling unit shall be located in an existing single
family home or above an attached or detached garage that is
accessory to a single - family detached home.
An attached or detached accessory dwelling unit shall comply with
the same minimum building setback requirements as required for
the living portion of the principal dwelling unit.
An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed
the gross floor area of the principal dwelling unit or 800 square
feet, whichever is less.
Unless otherwise specified in this Subdivision, a detached
accessory dwelling unit shall be subject to the same regulations
as provided for under Section 1030 of this Chapter.
The exterior design of an accessory dwelling unit shall incorporate
a similar architectural style, roof pitch, colors, and materials as
the principal building on the lot.
The owner of the property shall reside in the principal dwelling
unit or in the accessory dwelling unit.
There shall be no separate ownership of the accessory dwelling
unit.
In addition to the parking spaces required for the principal
dwelling unit on the lot, 2 off - street parking spaces shall be
provided for an accessory dwelling unit. Such accessory
dwelling unit parking spaces shall not conflict with the principal
dwelling unit parking spaces, and shall comply with the
requirements of this Chapter.
An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with
address numbers.
The interim use permit shall expire if the principal use of the
property changes or the ownership of either the property or the
principal use changes.
The interim use permit shall be issued for 3 years in accordance
with the procedures outlined in Section 1070.030 of the Zoning
Ordinance. Such permits will be administratively reviewed
every 3 years to ensure compliance with conditions of approval
and ordinance requirements for accessory dwelling units.
Interim uses found to be in compliance may be extended by the
Zoning Administrator for periods of up to 3 years each.
Page 29: [9] Deleted Kendra Lindahl 3/15/20112:19:00 PM
Accessory Dwelling Unit, subject to the following:
Not more than one accessory dwelling unit shall be allowed on a
lot.
An accessory dwelling unit shall comply with the same minimum
building setback requirements as required for the principal
structure and shall be attached to the principal structure.
An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed
the gross floor area of the principal use or 800 square feet,
whichever is less.
The exterior design of an accessory dwelling unit shall incorporate
a similar architectural style, roof pitch, colors, and materials as
the principal building on the lot,
The owner of the property or the property caretaker shall reside in
the principal dwelling unit or in the accessory dwelling unit.
There shall be no separate ownership of the accessory dwelling
unit.
Rental of the accessory dwelling unit separate from the principal
use is prohibited.
In addition to the parking spaces required for the principal use on
the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking
spaces shall not conflict with the principal use parking spaces,
and shall comply with the requirements of this Chapter.
An accessory dwelling unit shall have a separate address from the
principal use on the lot, and shall be identified with address
numbers.
No more than 2 persons, neither of whom may be under 18 years
of age, shall occupy the accessory dwelling unit.
The interim use permit shall expire if the principal use of the
property changes or the ownership of either the property or the
principal use changes.
The interim use permit shall be issued for 3 years in accordance
with the procedures outlined in Section 1070.030 of the Zoning
Ordinance. Such permits will be administratively reviewed
every 3 years to ensure compliance with conditions of approval
and ordinance requirements for accessory dwelling units.
Interim uses found to be in compliance may be extended by the
Zoning Administrator for periods of up to 3 years each.
Conditional Home Occupation License (CHOL) as allowed by
Section 1030.100 (Home Occupations) of the Zoning Ordinance.
Page 37: [10] Deleted Kendra Undahl 3/20/20116:27:00 PM
Accessory Dwelling Unit, subject to the following:
Not more than one accessory dwelling unit shall be allowed on a
lot.
An accessory dwelling unit shall comply with the same minimum
building setback requirements as required for the principal
structure and shall be attached to the principal structure.
An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed
the gross floor area of the principal use or 800 square feet,
whichever is less.
The exterior design of an accessory dwelling unit shall incorporate
a similar architectural style, roof pitch, colors, and materials as
the principal building on the lot,
The owner of the property or the property caretaker shall reside in
the principal dwelling unit or in the accessory dwelling unit.
There shall be no separate ownership of the accessory dwelling
unit.
Rental of the accessory dwelling unit separate from the principal
use is prohibited.
In addition to the parking spaces required for the principal use on
the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking
spaces shall not conflict with the principal use parking spaces,
and shall comply with the requirements of this Chapter.
An accessory dwelling unit shall have a separate address from the
principal use on the lot, and shall be identified with address
numbers.
No more than 2 persons, neither of whom may be under 18 years
of age, shall occupy the accessory dwelling unit.
The interim use permit shall expire if the principal use of the
property changes or the ownership of either the property or the
principal use changes.
The interim use permit shall be issued for 3 years in accordance
with the procedures outlined in Section 1070.030 of the Zoning
Ordinance. Such permits will be administratively reviewed
every 3 years to ensure compliance with conditions of approval
and ordinance requirements for accessory dwelling units.
Interim uses found to be in compliance may be extended by the
Zoning Administrator for periods of up to 3 years each.
Page 41: [11] Deleted Kendra Undahl 3/15/20112:31:00 PM
Mini Storage /Self Storage Facilities.
Units are to be used for dead storage only. Units are not to be used
for retailing, auto repair, human habitation, or any commercial
activity, except as allowed by this section.
Combining office and /or retail space with a self - service storage
facility may be allowed by Conditional Use Permit.
Storage of hazardous or flammable materials is prohibited.
No exterior storage is allowed.
The facility shall be secured by either the walls of the structure
and/or fencing. All doors on the units shall face inward and
away from the street and property lines.
An on -site manager is allowed only where adequate sanitary
facilities are provided, either through use of a septic system or
through connection to the public sanitary sewer system. Use of
portable sanitary facilities does not fulfill this requirement.
Motor Vehicle, Boat or Equipment Repair.
All servicing of vehicles and equipment shall occur entirely within
the principal structure.
To the extent required by State law and regulations, painting shall
be conducted in an approved paint booth, which thoroughly
controls the emission of fumes, dust, or other particulated
matter.
Storage and use of all flammable materials, including liquid and
rags, shall conform with applicable provisions of the Minnesota
Uniform Fire Code.
Parking, driveway, and circulation standards and requirements
shall be subject to the review and approval of the City and shall
be based upon the specific needs of the operation and shall
accommodate large vehicle equipment and semi - trailer /tractor
trucks.
The storage of damaged vehicles and vehicle parts and accessory
equipment must be completely inside a principal or accessory
building.
The sale of products other than those specifically mentioned in this
Section shall be subject to a separate conditional use permit
Motor Vehicle, Boats and Equipment Sales.
All sales shall occur on one lot.
Parking areas for the outside storage and sale of vehicles, boats and
trailers, shall be on impervious surface, either bituminous,
concrete, or approved equivalent.
Interior concrete or asphalt curbs shall be constructed within the
property to separate driving and parking areas from landscaped
areas.
All areas of the property not devoted to buildings or parking areas
shall be landscaped in accordance with this ordinance.
Off - street parking shall be provided for customers and employees
in accordance with this ordinance.
Each space used as parking for a "for sale" motor vehicle, boat, or
trailer shall not be less than 9 feet wide by 18.5 feet in length.
Display of motor vehicles, boats, and trailers for sale off the
property of their owner is prohibited unless authorized by
Conditional Use Permit.
Outside Storage, accessory to an allowed use provided that:
Storage area is blacktop or concrete surfaced unless specifically
approved by the City Council.
The storage area does not take up parking space or loading space
as required for conformity to this Chapter.
The storage area is screened from public streets and surrounding
properties.
Page 41: [12] Deleted Kendra Lindahl 3/15/20112:32:00 PM
Accessory Dwelling Unit, subject to the following:
Not more than one accessory dwelling unit shall be allowed on a
lot.
An accessory dwelling unit shall comply with the same minimum
building setback requirements as required for the principal
structure and shall be attached to the principal structure.
An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed
the gross floor area of the principal use or 800 square feet,
whichever is less.
The exterior design of an accessory dwelling unit shall incorporate
a similar architectural style, roof pitch, colors, and materials as
the principal building on the lot,
The owner of the property or the property caretaker shall reside in
the principal dwelling unit or in the accessory dwelling unit.
There shall be no separate ownership of the accessory dwelling
unit.
Rental of the accessory dwelling unit separate from the principal
use is prohibited.
In addition to the parking spaces required for the principal use on
the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking
spaces shall not conflict with the principal use parking spaces,
and shall comply with the requirements of this Chapter.
An accessory dwelling unit shall have a separate address from the
principal use on the lot, and shall be identified with address
numbers.
No more than 2 persons, neither of whom may be under 18 years
of age, shall occupy the accessory dwelling unit.
The interim use permit shall expire if the principal use of the
property changes or the ownership of either the property or the
principal use changes.
The interim use permit shall be issued for 3 years in accordance
with the procedures outlined in Section 1070.030 of the Zoning
Ordinance. Such permits will be administratively reviewed
every 3 years to ensure compliance with conditions of approval
and ordinance requirements for accessory dwelling units.
Interim uses found to be in compliance may be extended by the
Zoning Administrator for periods of up to 3 years each.
Page 56: [13] Deleted Kendra Undahl 3/15/20112:48:00 PM
1050.040 — Downtown Overlay District
Subd. 1. Purpose. The purpose of the Corcoran Downtown Overlay District
(DOD) is to provide for the orderly and integrated development of a high quality
downtown. The Overlay District applies only to the portion of the downtown that
lies on the east side of County Road 116 and identified on the Zoning Map.
Subd. 2. Intent. The intent of this overlay district is to:
Establish an identifiable downtown for the City of Corcoran.
Create an orderly and integrated development of a high- quality downtown for
Corcoran that includes a mix of shops, restaurants, offices, housing, recreation,
community facilities, parks and open space, all within a walkable area designed to
be both pedestrian - friendly and auto - accessible.
Provide pedestrian - friendly environments that include connections between civic
spaces, retail and adjacent residential neighborhoods.
Promote high- quality architectural and site design.
Provide standards for development within this district.
Subd. 3. Application and Reference Materials. The Downtown Overlay District
(DOD) applies to the designated area within the Southeast Area of the City of Corcoran
refer to the Zoning Map or the Southeast District Plan (located in the Appendix
mapped boundaries.
The DOD is where development will be most concentrated, and where controls are
needed to produce the traditional "Main Street" qualities that Corcoran is
seeking. In addition to this section, the General Design Guidelines, the Southeast
District Plan and Design Guidelines and the Downtown Design Guidelines (all in
Appendix A) provide more information about the design of street networks, site
planning, placement of buildings, architecture, lighting, signage, materials, and
design of the public realm. Special design features and requirements in these
sections shall be incorporated as applicable to respective properties within the
Downtown Overlay District.
Subd. 4. Permitted and Non Permitted Uses. Areas within the DOD shall be
developed as Planned Unit Development. All permitted uses, permitted accessory
uses, conditional uses, and interim uses shall be treated as potentially allowable uses,
subject to the standards in the DOD and the Downtown Design Guidelines.
Page Break
Subd. 5. Streets and Sidewalk Network.
Developments that include public or private streets shall connect with and provide
for the future extension of the community's street network.
Sidewalks are required along all public and private streets within the DOD. The
location and alignment of new sidewalks shall connect directly with adjacent
existing networks. The width of the sidewalk shall be consistent with City policy.
Where the sidewalk along the public street is interrupted by a curb cut, the
walkway across the driveway shall be delineated by elevated pavement or by use
of contrasting pavement materials that meet ADA accessibility standards.
On- street parking shall be incorporated with the street design within the DOD.
Parking zones shall be defined either by curbing or with a change in paving
materials.
Curb Cuts. The number and width of curb cuts shall be limited in conformance
with City policy. Sites with multiple buildings shall have unified /joint access.
Street trees shall be regularly spaced and planted at no less than one tree per 40
lineal feet of frontage on any street within the DOD. Street trees should be
located between the sidewalk and the curb or coordinated as part of a streetscape
design.
Utility Installation. New utilities shall be placed underground. Compatible lines
(e.g., electric, phone, cable) shall be placed in a common trench.
Subd. 6. Off Street Parking.
No parking spaces shall be located between the immediate front of the principal
structure and the abutting front lot line.
No more than 50 percent of the parking provided on the lot shall be located
between the rear building line and the front yard lot line.
Off street parking lots shall conform to landscape and buffer requirements as
defined in the Landscaping section of the DOD and Zoning Ordinance.
No parking spaces shall be located on corner lots at the point of street
intersections.
Pedestrian Circulation. Clearly defined, safe pedestrian access shall be provided
from parking areas, adjacent public rights -of -way, and public and private open
space to building entrances. Pedestrian walkways traversing parking lots with
more than 60 parking spaces shall meet the following standards:
Walkways adjacent to parking spaces shall be at least 5 feet wide and shall be
separated from vehicles by curbing or landscaping.
Walkways that cross parking lot drive aisles shall be delineated by stripes,
contrasting pavement materials, elevated pavement, or a combination of these
measures.
Subd. 7. Site Design Standards.
Street Edge Requirement. A consistent street edge must be maintained at the
right -of -way line along all street frontages. Street edge elements may consist of
the primary building, low masonry walls, fences, landscaping or a combination of
all of these elements.
Maximum Encroachment. With the approval of the agency having jurisdiction
over the right -of -way, awnings and arm signs may be permitted to encroach
within the public right -of -way as follows:
Awnings — within 2 feet of the face of the curb
Signs — 4 feet
All ground mounted mechanical equipment shall be screened and properly
maintained with material similar to or compatible with material used on the main
structure. Screened mechanical equipment shall not be located in the front side
yard, but may be located at the side or rear yard.
Trash and recycling storage areas shall be designed internal to the principal
building and shall not be allowed in an external fenced structure. Trash and
recycling storage areas shall not be located in the front yard, but may be located
at the side or rear yard.
Loading areas and docks shall be limited to the rear of the principal building and
shall not be visible from the street. These areas shall be screened from adjacent
residential areas by fencing, walls, or landscaping. Screening shall block views
from public right -of -way or adjacent uses and shall be equally effective in winter
and summer.
Drive- throughs, where permitted, are subject to the following standards:
Compliance with Section 1060.060, Subd. 12 of this ordinance.
Ordering stations and service windows shall not be located in the front or side
yard.
The required circulation and stacking for the drive - through shall not be located in
the front yard.
Subd.8. Landscaping.
The periphery of all parking lots shall be well landscaped and screened from the
public right -of -way. If a parking lot exists along the primary right -of -way it must
contain a landscaped edge that contains low scrubs, street trees, a fence, street
wall or a combination of these elements.
Interior landscaped areas for parking lots shall equal or exceed 10 percent of the
area for vehicular parking and parking aisles. Exception: Does not apply when
parking area is less than 25 parking stalls.
One shade tree shall be provided per 4,000 square feet of the area for vehicular
parking and parking aisles.
Existing trees shall be maintained and preserved to the extent possible.
Landscaping shall emphasize massing of plant materials over isolated or scattered
placement of individual specimens.
Subd. 9. Building Design Standards.
Architectural style shall not be restricted. Evaluation of a project shall be based
on the quality of its design and on its relationship to its surroundings, guided by
the provisions in this section and the Design Guidelines in the Appendix.
The architectural appearance, including building character, permanence,
massing, composition, and scale of all principal buildings shall comply with the
Design Guidelines in the Appendix.
The main entrance should always face the primary street with secondary
entrances to the side or rear. In the case of a corner building or a building
abutting more than one street, the City will determine which street should be
considered primary.
All sides of buildings shall have an equal appearance in terms of materials and
general design.
Building Frontage. At least 60% of the primary street linear frontage of each lot
shall be occupied by a building at the required build -to line.
Facade Articulation. Building facades that exceed 40 feet in length measured
along the street frontage shall be divided into smaller increments (between 20 and
40 feet) through articulation of the facade. These articulations can be recesses or
projections of the facade, changes in materials and /or architectural elements —
such as recessed entries and arcades.
Windows. At least 40% of the wall surface at the street side of the first story shall
consist of clear windows and doors that allow a view into the working areas,
lobbies or display areas.
Roofs. Building facades that exceed 100 feet in length measured along the street
frontage shall have variations in roofline or rooftop parapet. Rooftop equipment
shall be concealed behind parapets or screened from the view of pedestrians.
Slopping roofs with a vertical rise that exceeds the average height of supporting
walls are not allowed.
Acceptable Materials. Exterior building materials shall not be so at variance with
the exterior materials of existing structures within the immediate area or the
downtown as a whole. Exterior building finishes shall consist of materials
comparable in grade and quality to the following:
Brick
Natural Stone
Wood, provided surfaces are finished for exterior use and only woods of proven
exterior durability are used such as cedar, redwood, and cypress
Glass. Including glass curtain wall panels
Tilt Up concrete panels that have a grid or brick like appearance
EIFS (Exterior Insulating and Finishing System) may be used as an accent but not
a primary material.
Metal may be used as an accent but not a primary material.
Franchise Architecture. Franchise architecture (building design that is
trademarked or identified with a particular chain or corporation and is generic in
nature) shall be revised if it does not comply with other Downtown Overlay
District standards.
Page Break
Subd. 10. Area Requirements.
Minimum lot area
NA
Minimum lot width
NA
Minimum lot depth
NA
Structure Setbacks:
From Arterial Streets
100 feet (minimum)
Front, From all other streets
15 feet (maximum)
Side
None
Side (commercial adiacent to
10 feet (minimum)
residential
Rear
10 feet (minimum)
1040.042 — RSF -2A (Single Family Residential) Single Family Residential District, _
Subd. 1. Purpose. The purpose of theRSF -2A, Single- Family Residential District
with Lot Averaging is to provide for development of low - density
neighborhoods served by municipal sewer and water, with varying lot
width and lot sizes to accommodate natural topography of the site,
preserve open space, natural features and provide shared amenities on site
with a variety of lot width and sizes that support a greater variety in home
design within a single development that is served by municipal sewer and
water. Areas zoned RSF -2A are g_ uided Low Density on the 2030
Comprehensive Plan.
Subd. 2. Permitted Uses. In addition to other uses specifically identified
elsewhere in this Title, the following are permitted uses in an RSF 2A
District:
A. Uses permitted in the RSF -1 district.
Subd. 3 Accessory Uses. Uses such as those listed below that are customarily
incidental and clearly subordinate to the permitted or approved conditional
uses:
A. Accessory permitted in the RSF -1 district.
Subd. 4 *Conditional Uses. In addition to other uses specifically identified
elsewhere in this title, the following are conditional uses in an RSF -2A
district and require a conditional use permit based upon procedures set
forth in and regulated by Section 1070.020 of this title.
A. Conditional Uses permitted in the RSF -1 district.
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards
and criteria that may be cited below for a specific use:
A. Interim Uses permitted in the RSF -1 district
Subd. 6. Lot Requirements. The following minimum requirements shall be
observed in an S� F -2A district subject to additional requirements,
exceptions and modifications set forth in this title:
A. Minimum lot requirements:
1. Lot Area: Minimum lot size shall be 11,000 square feet unless lot
size averaging procedure is utilized (see 3. below).
Deleted• Sin¢1e
Deleted: with Lot Avera¢ine
Deleted: RSF -2
Deleted: 2 District
Deleted:
Deleted: RSF -2
Deleted: ¶
Deleted: RSF -2
2. Lot Size Averaeina: The minimum lot size may be reduced for
developments that provide common amenities and areas that serve
similar purposes to private yards. These uses include the
following:
a. Public or private open space (beyond that which is required);
b. Increased park land dedication beyond the required park
dedication amount when land is required by the ordinance;
c. UMansion of existing open space or open space corridors
and/or linking open pen space corridors beyond borders of the site;
d. Preservation of existing natural resources and woodlands (as
mapped in the 2030 Comprehensive plan) yond minimum
net calculation or required by ordinance;
Deleted: < # >¶
e. ,Trails beyond minimum required by ordinance;
f. Recreational facilities, community center, pools or other on site
amenities which serve the entire development
3. Lot Size Averaging Procedure:
The total amount of land in the development devoted to private
residential lots and the land described in Subd. 6 above is
divided by the number of residential lots in the development to
determine the average lot size including extraordinary common
features. This calculated number shall meet or exceed 11,000
square feet although individual residential lots may be reduced
to as little as�500 square feet.
b. The minimum lot size of individual residential lots may be
reduced to 8,000 square feet (but maintaining the overall
average of 11,000 square feet in 3.a. ) if the City Council
determines that sufficient elements of extraordinM guality are
included such as the following:
i. Multiple development wide enhanced entry features
including but not limited to, monument si nage with
decorative lighting, water feature and enhanced entry
landscaping surrounding the monument;
ii. Architectural detail beyond minimum requirements;
Deleted: 8,500 square
Deleted: < # >¶
iii. Unique environmentally friendly development
characteristics or building techniques;
chniques;
iv. Enhanced pedestrian scale and decorative street
lighting,
4. Density: The minimum net density shall be 3.0 units per net acre Deietea: sa.
with a maximum density of 5.0 units per net acre. When
calculating net density exclude from gross acres wetlands and
water bodies, public park land dedication if required by ordinance,
and streets.
Subd. 7 General Standards for Approval.
A. A rezoning will be required for a11ASF -2A development. The Deleted: RSF -2
rezoning shall be considered at the same time as a site plan review and
or Preliminary or Final Plat review. A rezoning toASF -2A cannot be_ Deleted: RSF -z
approved independently of a development plan. The City may
approve the rezoning only if it finds that the development satisfies all
of the requirements in this section and all of the following
requirements.
B. The rezoning toASF -2A is an effective treatment of the development_ Deleted: RsF -z
possibilities on the project site and the development plan provides for
the preservation or creation of unique amenities.
C. The rezoning toASF -2A and associated development plan is prepared_ Deleted: RSF -2
in a manner that harmonizes with an existing or proposed development
in the areas surrounding the project including connections to natural
resources, open space and trails.
D. TheRSF -2A rezoning and development plan, using a range _ Deleted: RSF -z
sizes, provide better adaption to physical and aesthetic conditions of
the site.
E. TheRSF -2A rezoning and development plan provides abetter mix of Deleted: RSF -z
lot sizes, house styles in an overall integrated design to achieve a
higher quality development.
Subd. 8 Area Requirements. The following minimum requirements shall be
observed in an RSF :;ZA district subject to additional requirements, _ Deleted: i
exceptions and modifications set forth in this title:
Lot Size
Below- 11,000 SF
Minimum lot width at setback
70 feet
Lot Size
Over 11,000 SF
Minimum lot width at setback
80 feet
Minimum lot depth
feet
Structure Setback
_110
Front from Arterial Streets
50 feet
Front, from all other streets
20 feet
Front Porch ( <_ 120 square feet,
15 feet
Side (House)
10 feet
Side (Garage)
5 feet
Rear
00 feet
MaximumBuilding Height
35 feet
*Minimum separation between structures on adjacent
parcels shall be 15. feet.
A. Front Yard: The front yard setback living area in an RSF -2 district
shall be twen , feet (20'). The setback may be reduced to fifteen feet
(15') if the following conditions are met:
Deleted: * minimum setback to an
arterial street 1
Deleted: Living Area
Deleted: Front Porch (120 sa ft)
Deleted:2
Deleted: Dwelline
Deleted: Heieht
.. 2
Deleted: A.
1. The setback reduction is for an attached living area or porch to the Deleted: 1_
principal structure, not including the garage, which does not
exceed a total of one hundred tweM (120) square feet of above
grade finished livable space.
2. The exterior materials of the proposed living area or porch are Deleted: z
consistent or complementary in color, texture and quality with
those visible at the front of the dwelling.
3. The roof of the proposed living area or porch is properly Deleted: s
proportioned to and integrated with the roof of the dwelling.
4. The structure does not adversely affect drainage on the lot or Deleted: a.
neighboring properties. We should be able to remove.
B. Rear Yard: The rear yard setback for a principal structure in an RSF- Deletes: s
2A district shall be thirty feet (30'). The setback may be reduced to
twenty feet (20') if the following conditions are met:
1. The setback reduction is for an attached living area to the principal Deleted: 1.
structure, not including the garage, that does not exceed a total of
three hundred (300) square feet of above grade finished livable
space.
2. The structure does not adversely affect drainage on the lot or Deleted: z
neighboring properties.
Subd. 8 Design Requirements. All development in RSF -2A District shall follow_ Deleted: ¶
the same design requirements as listed in Section 1040 Q41 _Subd 8. Deietea: oso
Page 4: [1] Deleted LFM028 3/23/20119:23:00 AM
* minimum setback to an arterial street
50 feet_
Setbacks- DwellingStructure Setback
Page 4: [2] Deleted LFM028 3/23/20119:26:00 AM
* Minimum setback to an arterial street is 50 feet
N
s
3,000 1,500 0
3,000 Feet
ttt Cemetery
Church
v Golf Course
i« Government Building
Public Park
• 2030 Metropolitan Urban Service Area
�•��•; City Limit
JW Open Water
Zoning Districts:
AG /HZ Agricultural /Holding Zone
RR Rural Residential
RSF -1 Single Family Residential
MF -1 Multiple Family
MP Mobile Home Park
P -1 Public / Institutional
TCR Transitional Rural Commercial
CR Rural Commercial
- C -1 Neighborhood Commercial
® C -2 Community Commercial
DT Downtown Mixed Use
1 -1 Light Industrial
PUD Planned Unit Development
Shoreland Overlay District
October 18, 2010
��
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Figure 9
f
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C cit O LORAN
Draft 2030 Future
Land Use Plan
2030 Comprehensive Plan
N
I
W E
, -t-
S
3,000 1,500 0 3,000 Feet
City Limit
QStaging Boundaries
Agricultural Reserve (Date of Expiration)
Wetlands
Rural /Ag Residential
Existing Residential
Low Density Residential
Medium Density Residential
i/ Mixed Residential
- High Density Residential
Rural Service /Commercial
- Commercial
Mixed Use
- Business Park
Light Industrial
- Public /Semi - Public
Parks /Open Space
- Golf Course
Agricultural Preserve (Date of Expiration)
Open Water
*The Future Land Use plan depicts the location and intensity of future
development through a variety of land use types. This plan is intended to
guide future development however the City has discretion to amend
(with Metropolitan Council approval) the plan in response to landowner/
developer requests or response to other system plans.
October 7, 2010
•�� Bonestroo
I:/ 504 /50408144 /GIS /ComPlan /Maps /2030 flu1.mxd
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Figure 10
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Draft 2030 Sanitary Sewer
Service Staging Plan
2030 Comprehensive Plan
N
S
3,000 1,500 0 3,000 Feet
City Limit
2030musa
Wetlands
Sanitary Sewer Service Staging
2010 - 2015
2015 - 2020
2020 - 2025
2025 - 2030
*The staging plan represents a progression of sewer that is based on location
of planned Metropolitan Interceptors and where the first sewered growth
is anticipated to occur, however the City does not commit to it occurring.
October 7, 2009
A
o
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I:/ 504 /50408144 /GIS /ComPlan /Maps /2030 staging.mxd
February 17, 2011
Dear Planning Commission Member, Ms. Nel Kadlec,
I am writing to follow up on your thoughts regarding a request for an amendment to the
zoning ordinances, specifically for 9035 Trail Have Road, Corcoran. My husband and I
are now under contract on the property, which is currently zoned residential. We would
like to run a scrapbooking /crafting retreat center out of that property.
Soon after we close we will need to know that we have permission to operate the
proposed business. I originally sent the Planning Commission a letter for the January
meeting, which I am aware you received. Once I learned of the February meeting's
cancellation I followed up with Ms. Lindahl and learned that July is now the likely time
for final decisions and amendments to go to print, and no longer April as the Commission
originally planned. However, July is too far out for us to wait in limbo, so I am
contacting you individually, per Ms. Lindahl's suggestion.
You may contact me by phone or email to let me know what we should do next to make
this business happen, or to ask any further questions.
Thank you for being forward thinking with regard to businesses in Corcoran, and for
bringing a dream to fruition!
Carrie Ferdinandt
(763) 428 -0242 (h)
(612) 245 -3576 (c)
carrieannfl@gmail.com
Kendra Lindahl
Subject: FW: Zoning Ordinance
From: Carole.Toohey @lennar.com [mailto:Carole.Toohey @lennar.com]
Sent: Tuesday, March 22, 20118:43 AM
To: Kendra Lindahl
Subject: Zoning Ordinance
Kendra -
I appreciate the continued updates. I will let you know if /when we are ready to move forward.
I reviewed the Zoning Ordinance for RSF2 and RSF2 Alternative again. My other comment would be on the setbacks
(front and back) for RSF2 Alternative. This is a great option to be offering developers. I recommend that if the square
footage is flexible from RSF2, then the setbacks (front and back) should be flexible as well. This would allow the
developer to provide a variety of depths as well as widths. Our homes greatly vary in depths and widths and it will help to
have homesites that can vary as well without affecting our ability to meet the density requirements.
Thank you for allowing me to comment.
Thank you
LENNAM
Carole Toohey
Land Dev Manager
Lennar
ca ro le. tooh eyO) len na r. com
www.lennar,com
Office Phone: 952-249-3012
Cell Phone: 952 - 334 -5709
Fax: 952 - 249 -3075
935 East Wayzata Boulevard
Wayzata, MN 55391
CITY OF CORCORAN
PLANNING COMMISSION MEETING
7:00 PM — Thursday, April 7, 2011
AGENDA
1. Call to Order
2. Pledge of Allegiance
3. Open Forum
4. Approval of:
a. Agenda
b. *January 6, 2011 Commission Minutes
c. *March 3, 2011 Commission Minutes — Review Only
5. Unfinished Business:
a. *Ordinance Update Discussion
i. Staff Report
ii. Public Comment
iii. Commission Discussion / Direction to Staff
6. New Business
7. Reports:
a. Liaison Report (Milbrandt)
b. Other Business
8. Adjournment
*Literature to review
Material relating to these agenda items can be found in the House Agenda Packet,
located near the entrance to the Council Chambers Meeting Area.
Planning Commission Agenda Memo
March 24, 2011
To: Planning Commission
From: Dan Donahue, City Administrator
Regarding: Administrator Notes
4) c. The March 3, 2011 minutes, while these are technically from the city council who
chaired the joint meeting, the commission did take action in appointing Pat Hank as
Chair and Bob Laddusaw as the Vice Chair of the commission for 2011. The
commission should perhaps approve this part of the official minutes.
5) a. Ordinance updates. There is a lot here, 398 pages of the redlined copy. If any of
the commissioners want a final draft of the draft ordinance, I can furnish that either
electronically or in paper. Please read the cover memo from Kendra which lays out
the schedule for completing the process. Also, we are giving you the draft document
with three hole punched paper. If you would like a binder, let us know. Please feel
free to let me know if you need anything prior to the meeting.
Page 1
City of Corcoran
Planning Commission Meeting Minutes
Thursday, January 6, 2011
4b.
1. Chair Hank called the Planning Commission meeting of January 6, 2011 to order at 7:00 p.m. Present
were Commissioners, Darrell Krueger, Pat Hank, Dean Jacobs, Pat Ellinger, Rick Ravnholdt, Robert
Laddusaw, and Alternate Commissioner Nell Kadlec. Others present for the meeting included City
Council members: Guenthner, Gmach, and Milbrandt.; Council Elect Cossette and Asleson,
Administrator Dan Donahue, Planner Kendra Lindahl,
2. Pledge of Allegiance
3. Open Forum
4. Approval of:
a. Agenda. Ravnholdt asked a question about holding a vote on the election of a Chair for the
Planning Commission for the year. Chair Hank suggested that his be taken up under Item 7B of
this agenda. MOTION made by Ellinger /Jacobs to approve the agenda as suggested by the chair.
All voted in favor. (Motion carried 6:0)
b. Minutes of September 2, 2010. Chair Hank questioned whether or not he made or seconded
motions as noted in the draft minutes. He said that he usually makes it a practice not to make or
second motions. No commissioners brought forth information that he did not make the motions as
noted. MOTION by Ellinger / Ravnholdt to approve the minutes. All voted in favor. (Motion
carried 6:0)
c. Minutes of October 7, 2010. It was noted that this meeting had no quorum of the Planning
Commission and could not be acted upon.
d. Minutes of November 4, 2010. Mayor Guenthner informed the Commissioners that these were
actually minutes of the Council meeting which had a quorum of Planning Commissioners present.
The city council had already approved these minutes.
5. Unfinished Business. None
6. New Business. McHugh CUP for Accessory Building at 7121 Old Settlers Road (File 10 -013).
a. Commission discussed the provisions of the proposed Resolution 2011 -04. After review,
commission proposed to remove 4b of the resolution as this condition had already been
satisfied, and amend 3a of the resolution by deleting everything after the word ordinance in
that section.
b. Chair Hank opened the Public Hearing. No comments received from the public.
c. Motion: Ravnholdt/Ellenger to close the public hearing. All voted in favor. (Motion carried
6:0)
d. Motion: Jacobs/Krueger to approve Resolution 2011 -04 as presented with the amendments to
sections 4b. and 3a. of the resolution as described in (a) above. All voted in favor. (Motion
carried 6:0)
7. Reports:
a. Council Liaison. No report.
b. Commission discussed the need for the election of the chair and vice - chair. Commission
decided to wait until the council had made appointments to the Commission which probably
would occur in March.
City of Corcoran
Planning Commission Meeting Minutes
Thursday, January 6, 2011
4b.
8. Adjournment. MOTION by Ellinger /Ravnholdt to adjourn. All voted in favor. (Motion carried 6:0)
Adjourned at 7:30 pm.
4c.
CITY OF CORCORAN
JOINT CITY COUNCIL/ PLANNING COMMISSION/ PARKS & TRAILS COMMISSION
MEETING MINUTES
7:00 PM — Thursday, March 3, 2011
The Corcoran City Council met jointly with the Planning Commission and Parks and
Trails Commission on March 3, 2011, at City Hall in Corcoran, Minnesota. Present
were:
• Council Members: Mayor Guenthner, Councilor Asleson, Councilor Cossette,
Councilor Gmach, and Councilor Milbrandt.
• Planning Commissioners: Hank, Ellinger, Jacobs, Kadlec, Krueger, Kohnen,
Laddusaw, Ravnholdt and Wu.
• Parks and Trails Commission: Dale, Krueger, Tessmer, and Nybo.
• Staff: City Administrator Donahue, City Planner Lindahl, City Clerk Heinecke.
1. Call to Order. Mayor Guenthner called the meeting to order at 7:00 pm
2. Pledge of Allegiance
3. Approval of Agenda
MOTION: made by Gmach, seconded by Cossette to approve the agenda as
presented
Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried
5:0).
4. New Business
Mayor Guenthner welcomed all to the meeting with "This is the Team ".
a. Introductions. All attending the meeting introduced themselves and shared a bit
about the background, interests and city vision.
b. Roles and Expectations. Mayor spoke about the roles of officials, provisions in
the City Charter„ and the city ordinance as it covers the Commissions.
c. Administrator Donahue presented information about open meeting laws.
d. Administrator Donahue and City Planner presented a report about the ordinance
update process and time lines for completing the 2030 Comp Plan and the
ordinances needed to implement the Comp Plan
e. TIF project Outline. Administrator Donahue presented a report about the potential
use of TIF funds for a sewer and water project currently under discussion by the
city council.
f. 24 Month Calendar. Mayor pointed out that the two major project (Sewer /water
and the Public Works Facility) and the completion of the 2030 Comp Plan
process would be the focus of the city's attention over the next two years. Both
commissions would be kept in the loop of developments in these efforts
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4c.
g. A Review on the Financial Outlook of the City. Administrator Donahue distributed
cash flow reports for review and feedback and discussed the reports.
h. A Project Case Study -Where Does Everyone Fit into the process. Planner
Lindahl gave a presentation on a case study of a land development process. And
how the commissions and the council fit into process.
Planning Commission appointments. The mayor inquired of the Planning
Commission chair if they would like to consider proceeding with appointments of
a chair and vice chair since their was a quorum of the Planning Commission
present. This was discussed among the commissioners and Chair Hank said that
their was a consensus to proceed with the election
i. MOTION: made by D. Kruger, seconded by Laddusaw to nominate Pat Hank
for Planning Commission Chair. (Motion carried 6:0).
ii. MOTION: made by Laddusaw seconded by D. Krueger to nominate Dean
Jacobs for Planning Commission vice Chair.
iii. MOTION: made by Ravnholdt, seconded by Laddusaw to close nominations.
iv. MOTION: made by Ravnholdt seconded by Kadlec to vote on Dean Jacobs
for Planning Commission vice Chair. (Motion carried 6:0).
5. Announcements. Donahue reminded the body that the Parks & Trails meeting will
be held Wednesday March 16, 2011 instead of the normal date of Tuesday, March
15, 2011.
6. Adjournment
MOTION: made by Gmach, seconded by Cossette to adjourn.
Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried
5:0).
Meeting adjourned at 9:40
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