HomeMy WebLinkAbout2011-06-02 -Planning Commission Agenda PacketCITY OF CORCORAN
PLANNING COMMISSION MEETING
7:00 PM — Thursday, June 2, 2011
AGENDA
1. Call to Order
2. Pledge of Allegiance
3. Open Forum
4. Approval of:
a. Agenda
b. *May 5, 2011 Planning Commission Minutes
5. Unfinished Business:
6. New Business
a. *Public Hearing. Blocks N Rocks Site Plan and Conditional Use Permit for
Outside Storage at 20010 75th Ave (26- 119 -23 -14 -0024) (City file 10 -012)
i. Staff Report
ii. Open Public Hearing
iii. Public Comment
iv. Close Hearing
v. Commission Discussion & Recommendation
b. *Public Hearing. Patnode Conditional Use Permit for Living Quarters Accessory
to Agricultural Use at 23240 CR 30 (City file 11 -004)
i. Staff Report
ii. Open Public Hearing
iii. Public Comment
iv. Close Hearing
v. Commission Discussion & Recommendation
c. *Public Hearing. Subdivision Ordinance Amendments
i. Staff Report
ii. Open Public Hearing
iii. Public Comment
iv. Close Hearing
v. Commission Discussion & Recommendation
d. *Public Hearing. Zoning Ordinance Amendment
i. Staff Report
ii. Open Public Hearing
iii. Public Comment
iv. Close Hearing
v. Commission Discussion & Recommendation
e. *Public Hearing. Zoning Map Amendment
i. Staff Report
ii. Open Public Hearing
iii. Public Comment
iv. Close Hearing
v. Commission Discussion & Recommendation
7. Reports:
a. Liaison Report (Cossette)
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.
City of Corcoran
Planning Commission Meeting Minutes
Thursday, May 5, 2011
4b.
1. Chair Hank called the Planning Commission meeting of May 5, 2011 to order at 7:00 p.m.
a. Present were Commissioners, Darrell Krueger, Pat Hank, Dean Jacobs, Rick Ravnholdt, and
Nell Kadlec.
b. Not Present: Robert Laddusaw
c. Others present for the meeting: Council Liaison Mayor Ken Guenthner, Council member
Rich Asleson, Alternate Commissioners Loren Kohnen and Meredith Wu, Planner Kendra
Lindahl, and City Clerk Heinecke.
d. Chair Hank asked 1St Alternate to join the Commissioner at the dais due to Laddusaw's
absence.
2. Pledge of Allegiance
3. Open Forum - None
4. Approval of
a. Agenda. MOTION made by Kohnen, second by Ravnholdt to approve the agenda as presented.
All voted aye. (Motion carried 6:0)
b. Minutes of April 7, 2011. MOTION by Krueger, second by Jacobs to approve April 7, 2011
minutes with the following corrections
1. Meeting date was April 7, 2011
2. 6d. Change to " Ravnholdt says he doesn't know yet"
All voted aye. (Motion carried 6:0)
5. Unfinished Business - None
6. Ordinance Update
a. Staff Report. Lindahl su
on draft language. Publi
The following comments were share
a. Rules and Definitions: I
1. Agricultural;
2.
b. General
1.
2
req
prized the staff report and action items related to staff direction
aring scheduled June 2, 2011, Council Review June 23, 2011.
about `for sale" in the definition
sed similarity to state statute
Footprint- Building Height (1020.020)
Jacobs asked for clarification
No action required
Dwelling, Two Family (1020.020)
Ravnholdt asked for clarification
Lindahl will bring examples to next meeting
quirements: (1030)
Architectural Standards (1030.010 subd 6.C.)
Jacobs asked for clarification
Kohnen and Wu clarified temporary structures vs. engineered structures
No action required
Accessory Building, Structures, Uses and Equipment (1030.020)
Building Height (Subd 5.)
Stefan Svard 16304 Country Cir E. — Has a strong interest in an accessory
building, advocates taller than proposed 15' maximum height standard.
Commissioners discussed and consensus is to keep the standard as drafted
Page 1 of 3
City of Corcoran
Planning Commission Meeting Minutes
Thursday, May 5, 2011
4b.
No action required
c. District Regulations (1040)
1. Design Requirements (1040.040 Subd.8 3.)
Commissioner's discussed house, trim and roofing colors. Commissioner's
consensus is to keep standard as drafted. — No action required
2. Design Requirements (1040.040 Subd.8 B 2.)
Jacobs asked for clarification on "architectural styled" garage doors language
Lindahl will research
3. Commissioner's discussed the need for design standards for single family new
discussion. Commissioner's consensus is to recommend design standards as
presented.
d. Setbacks along Arterial Streets were discussed (1040.040 Subd.7.)
1. Commission noted that prior to the 2004 ordinance, the front yard was 60 feet and
it was changed to 100 feet along arterial roads in 2004 with a method to reduce
the setback through landscaping
2. The current draft proposes reducing it to 50 feet
3. Commissioners consensus is to keep the arterial street set back at 100'
e. All other setbacks
1. Commissioners discussed all other setbacks, agreed to standards as presented.
2. Lindahl to add driveway clarification to ensure that there is adequate parking
outside of the right -of -way
3. Lindahl to review DMU district setbacks
f. Commissioners discussed establishment of RSF -2A district (1040.046)
1. Planner explained the purpose of the RSF -2A district
2. Commissioners discussed and recommended deleting this zoning district.
g. Performance Standards (1060)
1. Commissioners discussed roofing material standards. Agreed to clarify language
for definitions of roofing materials.
2. Wu asked for clarification on exterior finishes list. Lindahl to update
3. Krueger asked to have overhang requirement added to accessory buildings similar
to the residential structure. Commissioners agreed.
4. Kohnen recommended removing "earth tone" from Roof Materials 1060.050.
h.
Update language to apply metal roof standards to commercial buildings.
1. Discussed the need for a manufactured home zoning district. No Action
2. Svard commented on outside storage of recreational vehicles. No Action
3. Hank asked for clarification on Auto Auction as an allowable interim use in the
Light Industrial Zone. Commission agreed to remove Auto Auction from
1040.125 Subd 5. of the I -1 zoning district.
4. Hank asked for clarification on Area Requirements for 1010.145. No Action
5. Wu asked for clarification on Unit Size in RMF -1 (1040.060). Wu will follow up
with Lindahl.
7. New Business. None
8. Reports:
Page 2 of 3
City of Corcoran
Planning Commission Meeting Minutes
Thursday, May 5, 2011
a. Council Liaison. Mayor Guenthner updated the commission on the:
1. Sewer and Water Project
2. The Public Works Facility Project
3. Clean Up Day May 7, 2011
4. Dust Control assessment continued until late summer
9. Other Business. None
10. Adjournment. MOTION by Krueger, seconded by Kohnen to adjourn. All voted aye. (Motion
carried 6:0) Adjourned at 10:36 pm.
Jean
Page 3 of 3
4b.
105 South Fifth Avenue
Suite 513
Minneapolis, MN 55401
TO: Corcoran Planning Commission
FROM: Kendra Lindahl, Landform
DATE: May 24, 2011 for the June 2, 2011 Planning Commission Meeting
Agenda Item 6.a.
5
Tel: 612 - 252 -9070
Fax: 612- 252 -9077
www.Iandform.net
RE: Lee W. Sunram (Blocks N Rocks). Site Plan Amendment and Conditional Use
Permit Amendment at 20010 75th Avenue North (PI D 26- 119 -23 -14 -0024)
City File No. 10 -012
120 -DAY REVIEW DEADLINE: August 11, 2011
Application Request
The applicant has requested approval of an amendment to the existing conditional use permit and
site plan approvals to allow an after -the fact expansion of outside storage on the site. Blocks N
Rocks has been operating on the site and has display areas for materials as well as outside storage
of materials and equipment.
2. Context
Background
It appears that two lots were combined in 1994 to create the existing lot. The city files have no
record of this lot consolidation, but Hennepin County records do show the consolidation. There were
a number of previous site plan amendments and conditional use permit approvals to add new
tenants in the building.
In 2010, the City received notice of an illegal business expansion on site and contacted the
landowner to resolve the code violations. The applicant subsequently submitted the conditional use
permit and site plan amendment application.
Zoning and Land Use
The property is guided Business Park/Light Industrial on the 2020 Land Use Map (it is shown as
Light Industrial on the Draft 2030 Future Land Use Plan). The property is currently located within the
Metropolitan Urban Service Boundary (MUSA) and zoned Business Park (it is shown as Light
Industrial on the Draft Zoning Map).
Landform'", SensiblyGreen " and Site to Finish'" are service marks of Landform Engineering Company.
Surrounding Properties
y
The surrounding properties are guided Business Park/Light Industrial on the 2020 Land Use Map (it
is shown as Light Industrial on the Draft 2030 Future Land Use Plan) and zoned Business Park
(shown as Light Industrial on the draft Zoning Map).
Natural Characteristics of the Site
There is an existing wetland in the southeast portion of the site. No impact is proposed. There are
no trees or significant natural resources in the area of the proposed building.
3. Analysis of Request
Staff has reviewed the application for consistency with Comprehensive Plan, Zoning Ordinance and
City Code requirements, as well as City policies. The City Engineer's comments are incorporated
into this staff report.
A. Level of City Discretion in Decision - Making
The City's discretion in approving or denying a conditional use permit amendment and site plan
amendment is limited to whether or not the proposed request meets the standards outlined in the
City Code. If it meets these standards, the City must approve the conditional use permit and site
plan.
B. Consistency with Ordinance Standards
Site Plan
The applicant is requesting approval to allow expansion of the outside storage on this parcel.
Because the development proposal is in response to a code violation and the city records are not
complete, it is difficult to determine the extent of the outside storage expansion. Regardless, staff
has been working with the applicant to bring the site into compliance. The proposed site plan (with
conditions in the draft resolution) would bring the site into compliance.
Access
Access is currently provided via 2 curb cuts on 75th Avenue, which will remain.
Screening /Landscaping
Section 1060.070 of the Zoning Ordinance provides standards for landscaping. Outside storage is
required to be screened from public streets and adjacent properties. This issue is discussed in more
detail in the conditional use section of this report.
Sunram /Blocks N Rocks CUP and Site Plan (10 -012) 2
June 2, 2011
Utilities
y
The property is currently serviced by well and septic. The drainfield location is shown on the plans
in the northeast corner of the site. The primary and secondary septic sites must be protected from
impact. The fencing for the outside storage area should be located so that the septic area is outside
of the fence to protect it.
Wetlands
The plans show a single wetland in the southeast corner of the property. The wetland is primarily
located on the adjacent property to the south, but a small portion is located on this site. A wetland
delineation was completed and an approved by Elm Creek Watershed Management Commission.
No impacts are proposed to the wetland at this time.
Grading
Limited grading is proposed on site to add 4 new paved parking stalls, to remove the patio on the
north from the setback area and to add landscaping. The City Engineer has reviewed the grading
plan and finds that it is generally in compliance with ordinance requirements.
Site Lighting
No new lighting is proposed.
Signage
The applicant has an existing monument sign in the northeast corner of the site. No additional
signage is proposed. The landowner did submit a sign permit for the new 8'x 4' sign in 2008. This
new sign permit would typically be an opportunity for city staff to ask why the sign was needed and
notify the applicant that a site plan amendment and conditional use permit amendment was needed
for the additional outside storage needed for the new business. Unfortunately, it appears that
neither the landowner nor city staff discussed the outside storage in 2008.
Conditional Use Permit
The applicant's plan brings the outside storage area into compliance by eliminating the patio area
and storage in the northeast corner of the site and adding fencing with slats to screen this outside
storage area.
The zoning ordinance allows outside storage accessory to an allowed use as a condition use permit
in the Business Park district if the following conditions are met:
1. Storage area is blacktop or concrete surfaced unless specifically approved by the City
Council.
The existing outside storage areas are gravel and the existing parking areas bituminous.
However, during a recent site visit, staff found that many of the vehicles on site were parked in
Sunram /Blocks N Rocks CUP and Site Plan (10 -012)
June 2, 2011
y
gravel areas rather than paved parking spaces. Staff finds that the gravel outside storage area
is existing today and would be consistent with the existing use. The City Council does have
discretion to approve a gravel storage area provided the outside storage area meets all
screening and setback requirements.
2. The storage area does not take up parking space or loading space as required for conformity
to this Chapter.
The storage area does not take up parking space or loading space needed to meet ordinance
requirements. The ordinance requires 22 parking spaces for the existing uses on site. Only 18
paved parking stalls exist today, therefore, the applicant is proposing to add 4 new paved
parking stalls. This would comply with ordinance requirements.
3. The storage area is screened from public streets and surrounding properties.
The storage area is screened by 6 -foot chain link fencing with privacy slats. A wood fence is
currently located along the western portion of the south lot line. This wood fence would remain
and would extend the length of the south lot line as a chain link fence with slats. The chain link
fence with slats would also extend along the east and north of the lot to provide screening. All of
the parking would be located outside of the new fenced area and gates would be provided on
both sides of the building to allow access to the storage area.
Samples of the slats to be used in the chain link fence must be submitted for city review and
approval.
Section 1060.010 (Exterior Storage) requires all exterior storage to be located in the rear or side
yard and shall be screened so as not to be visible from adjoining properties and public streets.
The zoning ordinance defines a side yard as "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." And the zoning ordinance defines a front yard as "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."
The ordinance requires a 50 -foot front yard setback and a 10 -foot side yard setback for storage
areas.
• The new fence would be located 50 feet from the front lot line (north) and 10 feet from the
side lot line (east). This complies with ordinance requirements.
• On the west side, the existing chain link fence would remain on the lot line. However, the
plans show the addition of a 10 foot wide landscape area with sod and 4 crabapple trees.
This complies with ordinance requirements.
• On the south side, the applicant has an existing board fence that would remain and is
proposing to add a chain link fence with slats to provide screening along the entire south lot
line. While this does not comply with the setbacks or provide any landscaping, this is an
existing condition that appears to have been allowed as part of the previous approvals.
Sunram /Blocks N Rocks CUP and Site Plan (10 -012)
June 2, 2011
y
Therefore, staff finds that this is a legal condition and would comply with the purpose and
intent of the zoning ordinance with the screening fence is installed.
4. Conclusions
Staff finds that the standards for a conditional use permit amendment and a site plan amendment
have been met or can be addressed with the changes discussed in the staff report. We have
included conditions in the draft resolution to address these issues.
5. Recommendation
Staff recommends that the Planning Commission recommend approval of the draft resolution
approving the conditional use permit amendment and site plan amendment.
Attachments
1. Resolution approving Conditional Use Permit amendment and Site Plan amendment
2. Site Aerial Location Map
3. Code Enforcement Letter dated August 30, 2010
4. Applicant's Narrative dated February 15, 2011
5. Applicant's letter dated March 24, 2011
6. Applicant's letter dated April 4, 2011
7. Preliminary Plans dated April 13, 2011
Sunram /Blocks N Rocks CUP and Site Plan (10 -012)
June 2, 2011
City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011-
Motion By:
Seconded By:
June xxx, 2011
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND SITE
PLAN AMENDMENT FOR LEE W. SUNRAM AT 20010 75TH AVENUE NORTH (PID 26 -119-
23 -14 -0024)
WHEREAS, the landowner has requested approval of a conditional use permit amendment and
site plan amendment to allow expansion of the outside storage area for property legally
described as follows:
Lots 3 and 4, Countryside Plaza 2nd Addition, Hennepin County, Minnesota
WHEREAS, the Planning Commission has reviewed the conditional use permit amendment and
site plan amendment at a duly called Public Hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORCORAN, MINNESOTA, that it should and hereby does approve the request for a
conditional use permit amendment and site plan amendment, subject to the following conditions:
1. A conditional use permit amendment and site plan amendment is approved to allow a 800 -
square foot building, expansion of the outside storage area at 20095 75th Avenue, in
accordance with the application received by the City on November 12, 2010 and revisions
received on February 15, 2011 and April 13, 2011, except as amended by this resolution.
2. The plan complies with the required 50 -foot front yard setback and a 10 -foot side yard
setback for outside storage areas. The combination of slats in the chain link fence and
landscaping will meet the screening requirements. The rear yard has existing outside
storage up to the lot line a part of previous approvals, but installation of the 6 -foot screening
fence will bring the outside storage into compliance.
3. All outside storage (including the concrete patio) must be removed from the setback area
and located within the screened, fenced area approved for outside storage.
4. Employee and customer parking must be on paved, striped parking areas. Parking in gravel
storage areas is not permitted.
5. Four paved parking spaces will be added to meet the ordinance requirement of 22 paved
parking spaces for this site. Any change in tenants or site use could trigger a change to the
parking requirements and would be revised as part of a site plan /conditional use permit
amendment.
6. The plans include a note "Add Gravel as required to provide adequate base ". The plans
shall be revised to state "silt fence is required along south edge of property, which is down
gradient of the proposed gravel placement ".
7. Silt fence must be installed to protect the wetland prior to beginning construction.
Page 1 of 2
City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011-
8. Prior to beginning the site work, the applicant/landowner must:
June xxx, 2011
a. Record the approving resolution at Hennepin County and provide proof of recording to
the City.
b. The septic system (primary and secondary) must be protected by fencing to ensure that
outside storage does not expand into this area. The plans must clearly show this
protection.
c. Material samples for fence slats must be submitted for review and approval by the City.
d. Electronic files of the plans shall be submitted to the City in AutoCAD format.
e. Submit a financial guarantee for the proposed work as outlined in Section 1070.050,
Subd. 9 of the Zoning Ordinance.
9. Approval shall expire within one year of the date of approval unless the applicant
commences the authorized use and completes the required improvements.
VOTING AYE
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
VOTING NAY
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
Whereupon, said Resolution is hereby declared adopted on this xxx day of June 2011.
ATTEST:
Jeanie Heinecke — Clerk
Kenneth Guenthner - Mayor
Page 2 of 2
City Seal
Hennepin County Property Map Print
Page 1 of 1
Selected Parcel Data
Parcel ID: 26- 119 -23 -14 -0024
Owner Name: LEE W SUNRAM
Parcel Address: 20010 75TH AVE N , CORCORAN , MN 55340
Property Type: INDUSTRIAL -PREF
Homestead: NON - HOMESTEAD
Area (sqft): 110539
Area (acres): 2.54
A -T -B: ABSTRACT
Market Total: $516,000.00
Tax Total: $17,518.36
Date Printed: 5/24/2011 8:57:29 AM
Current Parcel Date: 5/5/2011
Sale Price: $54,000.00
Sale Date: 12/1993
Sale Code:
http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx 5/24/2011
i
- E ELLIOTT
DesignIBuild
Tuesday, February 15, 2011
Ms. Kendra Lindahl
City Planner
8200 County Rd 116
Corcoran, MN 55340
Dear Kendra,
Enclosed is the city planning application for the Lee Sunram's property located at 20010 75th
Avenue North, Corcoran, MN.
The project will include the following components
1. CUP amendment for outside storage for Sunram Construction and Blocks N Rocks.
2. Installing additional chain link fencing with privacy slats to screen and secure the lot
3. Adding trees and landscaping along west property line between fence and gravel
storage
4. Asphalt paving for four parking stalls to meet parking requirements
5. Removing the existing paver patio /wall display
6. Striping the existing lot
I am submitting the following!
1. Land Use Application Form
2. Site Plan Application Process Information as listed
3. Conditional Use Permit Application Process Information as listed
Proiect Description
Lee Sunram is looking to include both Sunram Construction and Blocks N Rocks' operations at
the property. The lot comprises of two lots which were previously joined. This permit will formally
cover both operations for the entire property.
The proposed use will remain the same as it has been over the past several years. The area will
be used to store construction equipment, materials, and concrete blocks, paver stones, and
retaining wall block. Mr. Sunram uses and/or sells the materials.
No significant improvements are planned on the site other than adding chain link fence with
privacy slats to meet screening requirements, removing the existing patio /wall display. and
asphalt paving for four additional parking stalls.
We greatly appreciate your attention to this application and looking forward to working with yo n_
through the approval process. Feel free to contact me at any time with questions. My direct i
number is 612 - 220 -0152 and my email address is
..r f -
t tr
Sincerely,
Lance A. Elliott, P.E. CC, �
5616 Dalrymple Rd, Edina. N4N 55424 www.elliottdesignbuild.com
Thursday, March 24, 2011
Kent Torve
City of Corcoran Engineer
8200 County Rd 116
Corcoran, MN 55340
I
-qJ- ELLIOTT
DesigniBuild
RECEIVED APR 13 1011
Re: Sunram Construction /Blocks N Rocks, 20010 75th Ave. Conditional Use Permit Amendment
Dear Mr Torve,
After speaking with Vince Vander Top, it was determined it would be best to submit a letter
describing the above referenced project as it relates to storm water runoff to satisfy the submittal
requirements for the CUP application.
The application is for amending the existing CUP to allow outdoor storage for Sunram
Construction and Blocks N Rocks (both owned by Lee Sunram) as well as formally defining the
area which outdoor storage is allowed. The scope of the project is to provide adequate screening
and parking as required by city ordinance.
The improvements include the following:
• Install 6' high chain link fence with privacy slats to meet the screening requirements
• Removing gravel (approx. 1200 sf) and Installing sod and crab apple trees along the west
property line to define the 10' side yard setback
• Removing the existing paver patio display area (approx. 1200sf) and infill with sod
• Pave approx. 800 sf asphalt over existing gravel parking area to meet city requirements
for hard surface parking
• Stripe parking lot
• Add gravel as needed within storage area to amend the existing gravel to provide an
adequate base
Storm water summary:
• No changes in grades or direction of storm water runoff
• Decrease impervious area by approx. 2400 sf (existing impervious replaced with sod)
Feel free to contact me at any time with questions.
email address is lance(a)elliottdesignbuild.com.
in r y,
ce A. EIIi t, . .
My direct number is 612 - 220 -0152 and my
5616 Dalrymple Rd, Edina, MN 55424
Letter of Transmittal
-q�- E LL10TT
DesignlBuild
To:
Kendra Lindahl
City Planner
Corcoran, MN
Date: 4/4/11
RECEIVED APR 13 2011
From:
Lance Elliott
ELLIOTT Design Build, Inc.
5616 Dalrymple Rd
Edina, MN 55424
Kendra,
The revised plans and letter to the City Engineer are enclosed. We had to postpone the wetland
determination due to the last snow storm. I am waiting to hear if they can complete it this week.
Also, below is a tabulation of the tenants and relative gross building areas (outside wall dimensions including
stairs, halls, mech. Rooms, etc.:
The total gross building area is 7,253 sf
Sunram Construction/ Blocks N Rocks:
Office:
880 sf
Shop:
1779.50 sf
Mezz:
174 sf
Total:
2833.5 sf
• Two employees and one receptionist. Open during normal business hours. Most employees drive to
and park at the job site. From time to time, truck drivers may park at the facility to drive trucks or
equipment to the job site. There is no full time mechanic working in the shop, but one mechanic
may work in the shop on a regular basis, especially during the winter months to prepare equipment
for the next construction season.
Dr. James Seim Chiropractic: 880 sf
• One chiropractor and one receptionist. Typically one client at a time with the occasional client
waiting. Open during normal business hours and some evenings.
Jay Randall (Race car storage in shop): 1779.50 sf
• Jay currently rents the west shop bay to store and repair his race car from time to time.
Aserentipity Therapeutic Message (second floor): 880 sf
One employee with one message table. Open during normal business hours and some evenings.
Vacant (second floor): 880 sf
Thank you for your time, and please let me know if there is any additional information that you need.
Regards,
Lance Elliott, PE
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1
x L. " 1 certify that this plan, specification, or report was prep ed by me
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1 1 v
Surveyor under4he Taws of the State of Minne a.
Lots 3 and 4; Block 4 COUNTRYSIDE PLAZA 2ND ADDITION i - -- ''
Hennepin County, Minnesota Surveeyed/ this 24th day of January 2011.
Rev Drawn By g 1 Signed
File Name Gregory R. a Reg, No. 24992
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DRAWING TITLE:
SIT
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PLAN
DRAWING NUMBER:
105 South Fifth Avenue
Suite 513
Minneapolis, MN 55401
TO: Corcoran Planning Commission
FROM: Kendra Lindahl, Landform
DATE: May 24, 2011 for the June 2, 2011 Planning Commission Meeting
Agenda Item 6.b.
5
Tel: 612 - 252 -9070
Fax: 612- 252 -9077
www.Iandform.net
RE: Conditional Use Permit for Living Quarters Accessory to a Principal Agricultural Use
on the Patnode Property at 23240 Country Road 50 (PID 19- 119 -23 -41 -0001)
City File No. 11 -001
60 -DAY REVIEW DEADLINE: July 9, 2011
Application Request
Brian and Christina Patnode are requesting approval of a conditional use permit to allow a new
home on the existing farmstead. The conditional use permit is for living quarters accessory to a
principal agricultural use. The land is currently owned by James and Beverly Patnode.
The applicant is requesting a conditional use permit to develop one new house on the property
(which has an existing home that would remain) and then subdivide the property into 2 parcels next
year when the land is removed from the Metropolitan Agricultural Preserves Program.
2. Context
Background
On January 27, 2011, the City Council approved a wetland delineation
and topographic survey waiver for part of this 78.84 -acre parcel.
Resolution 2011 -005 required a topographic survey and wetland
delineation for the areas where development is proposed for new home
and associated improvements as part of the future conditional use permit
application.
Zoning and Land Use
The property is zoned Rural Residential and is guided Rural /Ag Residential.
Surrounding Properties
The surrounding properties are all zoned Rural Residential and guided Rural /Ag Residential.
Landform ®, SensiblyGreen and Site to Finish® are service marks of Landform Professional Services.
Natural Characteristics of the Site
y
The draft 2030 Comprehensive Plan shows wetland areas in the northern portion the property. No
new development is proposed in those areas.
3. Analysis of Request
Staff has reviewed the application for consistency with Comprehensive Plan, Zoning Ordinance and
City Code requirements, as well as City policies. The City Engineer's comments are incorporated
into this staff report.
A. Level of City Discretion in Decision - Making
The City's discretion in approving or denying a conditional use permit is limited to whether or not the
proposed request meets the standards outlined in the City Code. If it meets these standards, the
City must approve the conditional use permit.
B. Consistency with Ordinance Standards
Agricultural Preserve Designation
It is the applicant's desire to create a new 10 -acre parcel from this 78.84 -acre piece and build a new
home this year, but the subdivision is not allowed because the land is enrolled in the Metropolitan
Agricultural Preserve Program. MN Statutes 473H.17, Subd. 2 allows subdivision of land in Ag
Preserve only if the density restrictions of 1 per 40 are met and the land continues to be used for
agricultural uses. Furthermore, the Restrictive Covenants that the landowner signed when entering
the Ag Preserve also references this 1 per 40 density requirement. In this case, the 78.84 acre
parcel is too small to meet the 1 per 40 density requirements.
MN Statutes 473H.04, Subd. 2 also states that "Land shall cease to be eligible for designation as an
agricultural preserve when the comprehensive plan and zoning for the land have been amended so
that the land is no longer planned for long -term agricultural use and is no longer zoned for long -term
agricultural use, evidenced by a maximum residential density permitting more than one unit per 40
acres. When changes have been made, the authority shall certify by resolution and appropriate
maps which lands are no longer eligible." This land will come out of Agriculture Preserve in
February 2012.
Conditional Use Permit
This property currently has a single family home surrounded by land that is being farmed. The
applicants are requesting approval of a conditional use permit to allow a second home on the
property so that they can build the second home this year while the property is still in Ag Preserve.
The development rights map shows development rights remaining on the parcel and one would be
used to construct the new home.
Patnode Conditional Use Permit (11 -004)
June 2, 2011
y
The Rural Residential zoning district (Section 1040.030, Subd. 4(E)) allows living quarters accessory
to a principal agricultural use. This section has specific standards for approval and the following
conditions must be met:
1. The living quarters are not used as rental property.
The applicants would build the new home and would move from the existing home into the
new home. The existing home would not be used as a rental property but would be used by
another relative.
2. A maximum of one such accessory dwelling shall be allowed.
The new home would be the only accessory dwelling on site.
3. There is a demonstrated need for such a facility for the permitted agricultural use.
The applicant's narrative indicates that Brian and Christina Patnode actively participate in
daily and seasonal farm activities and they have chosen to live on this property to share in
the family farm work. However, they have indicated that the existing home does not
accommodate their growing family and would like to build the new home.
4. The farm includes a minimum of 30 acres.
The farm is 78.84- acres.
5. The structure complies with all other Zoning Ordinance requirements.
The new home would generally comply with all other zoning ordinance requirements. Staff
has reviewed the plans against the Zoning Ordinance standards, including the general
conditional use permit standards in Section 1070.
If the City finds that these conditions are met, the City could approve the conditional use permit for a
second home on the property and could find that since the home is accessory to the principal farm
house, the new home is not in conflict with the Agriculture Preserve statutes.
Plat
When the land comes out of the Ag Preserve program early next year, the applicant would apply for
a subdivision to create a separate 10 -acre parcel for the new home. Staff believes that, while the
applicants may be part of the family farm activities, the request is more to allow construction of the
new home prior to subdivision that a true accessory use. Therefore, we recommend that as part of
the Conditional Use Permit approval, the City include a condition requiring the land owner submit a
plat application to subdivide the new home off from the farm (as discussed in their application) within
1 year of the Conditional Use Permit approval.
Patnode Conditional Use Permit (11 -004)
June 2, 2011
Access
y
The new home would gain access from an existing driveway onto County Road 50. Hennepin
County has reviewed this proposed access and has no concerns. However, the Loretto Fire Chief
did express concern about the sharp curves in the driveway. The Fire Chief met with the applicant
on site and together they agreed to modify the driveway alignment to ensure public safety vehicles
could access the new house. We have included this as a condition of approval.
Wetlands
A wetland delineation was completed in the area where the new home and associated
improvements are planned. The wetland delineation has been submitted to the Elm Creek
Watershed Management Commission for review and approval.
The Corcoran Natural Resources Communities Quality Ranking Map shows this as a low quality
wetland. Section 1050.010 of the zoning ordinance requires an average wetland buffer of 15 feet
(10 -foot min /20 -foot max.) and a structure setback of 15 feet from the buffer. These buffers are
required to be installed when the property is platted, but staff reviewed the plans to ensure
compliance with these requirements. It appears that these standards will be met. Staff has included
a condition that the wetland buffer /setback be shown on the plans when the plat is submitted and the
wetland buffer monuments be installed at that time.
Section 1050.010, Subd. 4 requires a 75 -foot setback from the wetland for septic and soil
absorbsion systems. It does not appear that these standards have been met. The plans must be
revised to meet this setback requirement and dimension this setback on the plans.
Septic and Well
Hennepin County must approve the septic plans and a copy of these approvals must be submitted to
the city prior to issuance of a building permit.
A preliminary well location is shown on the plans.
4. Conclusion
Staff finds that the CUP standards have been met. Staff makes no findings relative to the legal
covenants that the landowner entered into when placing this land in Agriculture Preserve nor the
impact that the new home may have on the Agriculture Preserve status.
However, the Planning Commission could find that the CUP is being requested primarily as a means
to allow construction of a new home prior to removal of the property from Agricultural Preserve and
that the standards have not been met. If the Planning Commission finds that the standards have not
been met, they should recommend denial and provide findings for their recommendation.
5. Recommendation
Staff recommends that the Planning Commission recommend approval of the Conditional Use
Permit subject to the finding and conditions in the draft resolution.
Patnode Conditional Use Permit (11 -004)
June 2, 2011
Attachments
a. Resolution Approving Conditional Use Permit
b. Site Location Map
c. Letter from Loretto Fire Chief dated April 28, 2011
d. Applicant's Narrative dated April 14, 2011
e. Preliminary plan graphics dated April 14, 2011
Patnode Conditional Use Permit (11 -004)
June 2, 2011
y
City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011-
Motion By:
Seconded By:
June xxx, 2011
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR BRIAN AND CHRISTINA
PATNODE ON PROPERTY OWNED BY JAMES AND BEVERLY PATNODE AT 23240
COUNTY ROAD 50 (PID 19- 119 -23 -41 -0001)
WHEREAS, the applicant has requested approval of a conditional use permit for living quarters
accessory to a principal agricultural use for property legally described as follows:
East half of the southeast quarter of Section 19, Township 119, Range 23, Hennepin
County, Minnesota
WHEREAS, the Planning Commission has reviewed the conditional use permit at a duly called
Public Hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORCORAN, MINNESOTA, that it should and hereby does approve the request for a
conditional use permit, subject to the following conditions:
1. A conditional use permit is approved to allow living quarters accessory to a principal
agricultural use at 23240 County Road 50, in accordance with the application received by
the City on April 14, 2011 and revisions received on May 10, 2011, except as amended by
this resolution.
2. Prior to issuance of a building permit, the applicant/landowner must:
a. Record the approving resolution at Hennepin County and provide proof of recording to
the City.
b. The applicant shall obtain approval of the wetland delineation from Elm Creek
Watershed Management Commission and provide a copy of the approval to the City.
c. The plans must be revised to show the required 75 -foot setback for the septic system.
d. The applicant shall obtain septic approval from Hennepin County and provide a copy of
the approval to the City.
e. The applicant shall review the plans to straighten the driveway to eliminate the sharp
curves in the driveway as recommended by the Fire Chief.
f. Electronic files of the plans shall be submitted to the City in AutoCAD format.
3. Silt fence must be installed to protect the wetland prior to beginning construction.
4. Approval shall expire within one year of the date of approval unless the applicant
commences the authorized use and completes the required improvements.
Page 1 of 2
City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011-
June xxx, 2011
5. The applicant must submit a plat application to the City of Corcoran to create a separate lot
for the new home within one year of the date of approval of the conditional use permit.
a. As a condition of the plat approval, wetland buffers and setbacks shall be
required on the lot with the new home in accordance with Section 1050.010 of
the Zoning Ordinance.
b. As a condition of the plat approval, wetland buffer monuments shall be installed
on the lot with the new home in accordance with Section 1050.010 of the Zoning
Ordinance.
VOTING AYE
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
VOTING NAY
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
Whereupon, said Resolution is hereby declared adopted on this xxx day of June 2011.
ATTEST:
Jeanie Heinecke — Clerk
Kenneth Guenthner - Mayor
Page 2 of 2
City Seal
April 28th, 2011
Kendra Lindahl
Landform
800 C Butler Square
100 North 6th Street
Mpls., MN 55403
Kendra,
i met with the applicant (Brian Patnode) on Monday April 25`h, 2011 to discuss my concerns
about the proposed driveway to the residents. My concern was the two sharp curves in the driveway
located just off County Road 50 as being able to get fire apparatus to the residents in case of an
emergency. The applicant agreed to change the proposed driveway plan to the plan that l have
submitted with this letter. Please let me know if you have any question.
Sincerely,
44W
Jeff Leuer
Loretto Fire Chief
612 - 221 -4963
Loretto Volunteer Fire Department • P.O. Box 22 ® 259 N. Medina St ® Loretto, Mfg 55357 -763- 479-3036
AP ,, �L 2S t Zo c I
f
`� i f 31.— fMrlk+p Noum
HCSAH No 50, Plat TO -
-County Road rises �e� rnae5
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PROPOYn
The fast
Township
e denotes iron manoment found
Certificate o f Sur v e y O n
Requested By: ,
! here rtir that thfa a urvs
., O6 Y Y
p1on, or report was prepared by me
denotes iroh pipe set orro,r�sw
f h e East H a t f a f the
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or under my direct supervision and
thatI am
5
Southeast quarter Of
roro—
Section 79, Township
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Drawn 0y:
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119. Range 23,
G denotes percolation test hole
H e n n e p in G a u n t y,
Minnesota
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PROPOYn
The fast
Township
e denotes iron manoment found
Certificate o f Sur v e y O n
Requested By: ,
! here rtir that thfa a urvs
., O6 Y Y
p1on, or report was prepared by me
denotes iroh pipe set orro,r�sw
f h e East H a t f a f the
� � e
Brun and Christina Patnode
or under my direct supervision and
thatI am
and maned a8 shown: arrwaraz
Southeast quarter Of
Surveyor under tt
r he lawaeor the
Section 79, Township
staota�
.eats:
Drawn 0y:
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Checked By:
� denotes soil borkng
119. Range 23,
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Total Area = 7984 Acres
Area less RIW 78.84 acres
Certificate of Survey
11
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aunty Manament oaf Ma ;j
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Ceun ty Nerrument
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5E 1/f of S r4, Y. 719, R. 25
PROPERTY DESCRIP77ON:
The East Half of the Southeast Quarter of Section 19,
Township 119, Range 23, Hennepin County, Minnesota.
O denotes iron monument found
8equested By:
i hereby certify that thts survey,
Revised:
d denotes iron pipe set ano-+su
❑red marked oS shown: orraauacx
Certificate of Survey on
the East Half o f the
Sou theast Quarter of
Brian and Christina Patnode
plan, ar report was prepared by me
or under my direct superv+sion and
that I om a duly li ene o trend
a, laws of the
Wwwottoassodalies com
9West.Divi5lan Street
e",
Section 19, Township
sfati Alinnesoka,
Sul7ato, MN55313
9W
O
Date:
Drawn By:
Scale-
Checked By:
Job Ne.
denotes soii boring
119. Range 23,
3JSB2 527
O denotes percolation test hole
Hennepin County,
M inn e s o t a
1/18/2011
RE 0.
1'r =100,
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ssoetares
1-11-00021
Paul E. olio
Date: 1- --V —Z% U—nsa # 40062
Engineer; & Land Survey ova, Inc.
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denotes iron pipe set
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PROPOSED ELEVATIONS
TOP FLOOR = 1025.0
LOW FLOOR = 1016.0
GARAGE FLOOR = 1024,67
tie¢ =102299 � �
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PROPERTY DESCRIpTIDN,
The East Half of the Southeast Quarter of Snijoh 19,
Township 119, Rarge 2J, Hennepin County, Minnesota,
Revised.
Web Site;
uuww.otfoassoCIftcom
TTO9 West pi iloa
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S60CIAiES Ph. 1163)6614111'
Fix; (7002.3511 1-11-002 Sl�hlee(� and Lend Surveyon, Inc,
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o n the East Half o f
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the SoufheoSt Quartet
iim C�tisli�8 Ptodo
a
Ihaf I am a duly licensed land
o f S e a t i o n 19 , 1"o w n s h ip
{�e�j
Surveyor under the laws of the
119, Rung e 2J,
PROPERTY DESCRIpTIDN,
The East Half of the Southeast Quarter of Snijoh 19,
Township 119, Rarge 2J, Hennepin County, Minnesota,
Revised.
Web Site;
uuww.otfoassoCIftcom
TTO9 West pi iloa
961. MN 0313 Job Na.
S60CIAiES Ph. 1163)6614111'
Fix; (7002.3511 1-11-002 Sl�hlee(� and Lend Surveyon, Inc,
P
Requested By:
Site and Grading Plan
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�p�
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or uadar direct supervision and
the SoufheoSt Quartet
iim C�tisli�8 Ptodo
a
Ihaf I am a duly licensed land
o f S e a t i o n 19 , 1"o w n s h ip
{�e�j
Surveyor under the laws of the
119, Rung e 2J,
State Af M'anesota.
Hennepin County,
Date:
Drawn By,
Scale:
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Paul E. Otto
m
Date: - License 140062
PROPERTY DESCRIpTIDN,
The East Half of the Southeast Quarter of Snijoh 19,
Township 119, Rarge 2J, Hennepin County, Minnesota,
Revised.
Web Site;
uuww.otfoassoCIftcom
TTO9 West pi iloa
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105 South Fifth Avenue
Suite 513
Minneapolis, MN 55401
TO: Corcoran Planning Commission
FROM: Kendra Lindahl, Landform
DATE: May 23, 2011 for the June 2, 2011 Planning Commission Meeting
RE: Subdivision Ordinance Amendment
Application Request
Agenda Item 6_c.
5
Tel: 612 - 252 -9070
Fax: 612- 252 -9077
www.Iandform.net
The City has been working since April 2010 to prepare the new ordinances required to implement
the 2030 Comprehensive Plan. One of these tools is the Subdivision Ordinance. Three sections of
the Subdivision Ordinance will be amended.
A redlined version of the Subdivision Ordinance is attached. A "clean" version, without
redlines and strike - throughs, is available at City Hall.
2. Summary
The draft includes few substantive policy changes for the City. The changes related to two main
issues: Updates to the OS &P Plats as recommended by the Greenway Committee and updates to
the Variances standards related to 2011 Legislation. There are a few typographic errors and
numbering corrections that will be made administratively as well. The substantive changes are to
the following sections:
Section 915 - Rules and Definitions
Section 940 — Open Space and Preservation (OS &P) Plats
Section 970 — Administration - Variances
3. Analysis
There are a few substantive changes in the Subdivision Ordinance, which are identified below:
Definitions (915). Several new definitions were created by the Greenway Committee related to the
revised Open Space and Preservation Plats.
Open Space and Preservation Plats (Section 940). The Open Space and Preservation (OS &P)
Plats replaces the old Open Space Preservation language in its entirety. The Comprehensive Plan
encourages preservation of natural features, large tracts of open space and view corridors. The new
ordinance language is based on the same underlying concepts as the original language, but has
been modified to better reflect the work of the Greenway Committee. One significant change relates
to the open preservation: Under the old ordinance language, open space was to be permanently
preserved, but under the draft language, permanent preservation is no longer required.
Landform'", SensiblyGreen " and Site to Finish'" are service marks of Landform Engineering Company.
y
This language and the new definitions come directly from the Greenway Committee. The only
change made by staff was to ensure the consistent use of the term "development rights" throughout
the document.
Variances (Section 970). On May 5, Governor Dayton signed the legislation amending MN
Statutes, Section 462.357, Subd. 6. to restore municipal variance authority in response to
Krummenacher v. City of Minnetonka, 783 N.W.2d 721 (Minn. June 24, 2010). The law also provides
consistent statutory language between Minnesota Statutes, chapter 462 and the county variance
authority of Minnesota Statutes, section 394.27, subdivision 7.
In Krummenacher, the Minnesota Supreme Court narrowly interpreted the statutory definition of
"undue hardship" and held that the "reasonable use" prong of the "undue hardship" test is not
whether the proposed use is reasonable, but rather whether there is a reasonable use in the
absence of the variance. The new law changes that factor back to the "reasonable manner"
understanding that had been used by some lower courts prior to the Krummenacher ruling.
The new law was effective on May 6, the day following the governor's approval.
The new law renames the municipal variance standard from "undue hardship" to "practical
difficulties," but otherwise retains the familiar three - factor test of (1) reasonableness, (2) uniqueness,
and (3) essential character. Also included is a sentence new to city variance authority that was
already in the county statutes: "Variances shall only be permitted when they are in harmony with the
general purposes and intent of the ordinance and when the terms of the variance are consistent with
the comprehensive plan."
I have revised this draft language with City Attorney Carson for consistency with the new Statute.
We do not believe that this language change will impact the City review process. The burden of
proof remains on the applicant to show compliance with the variance standards.
Other issues
Staff has identified these as the key issues in the Subdivision Ordinance; however, the Planning
Commission or the public may have other comments.
4. Recommendation
Open the public hearing to take testimony on the draft Subdivision Ordinance.
Staff recommends that the Planning Commission recommend approval of the draft Subdivision
Ordinance.
Attachments:
1. Draft Subdivision Ordinance
Subdivision Ordinance Amendment
June 2, 2011
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2011-
Motion By:
Seconded By:
June xx, 2011
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 9 OF THE CORCORAN CITY
CODE, ENTITLED CORCORAN SUBDIVISION ORDINANCE
THE CITY COUNCIL OF CORCORAN ORDAINS:
SECTION 1. Amendments. The text of Sections 915, 940 and 970 of Chapter 9
(Subdivision Ordinance) of the Corcoran City Code is hereby amended by deleting the
�+r^1'°A, material and adding the underlined material as follows:
See Attachment A
SECTION 2. Effective Date. This ordinance shall be in full force and effect upon its
passage.
VOTING AYE
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
VOTING NAY
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
Whereupon, said Ordinance is hereby declared adopted on this xxx day of June 2011.
ATTEST:
Jeanie Heinecke — Clerk
Kenneth Guenthner - Mayor
Page 1 of 1
City Seal
Subdivision
Ordinance
City of Corcoran, Minnesota
City of Corcoran
8200 County Road 116
Corcoran, MN 55340
763.420.2288
Adopted March 23, 2004
This page left intentionally blank.
Table of Contents
SECTION 910 - TITLE, PURPOSE AND INTENT ............................... ...............................
1
910.010
- Title ................................................................................ ...............................
1
910.020
- Purpose and Intent ....................................................... ...............................
1
910.030
- Relationship to Comprehensive Plan ........................... ...............................
2
910.040
- More Restrictive Provision to Apply ............................ ...............................
2
910.050
- Conformity With This Chapter Is Required ................. ...............................
2
910.060
- Separability ............................................................... ...............................
2
910.070
- Authority ..................................................................... ...............................
2
SECTION 915 - RULES AND DEFINITIONS .................................... ...............................
1
915.010
- Rules of Word Construction . ..............................' .:... ...............................
1
915.020
- Definitions .................................................................... ...............................
1
SECTION 920 - SUBDIVISION APPROVAL REQ UIRED .................... ...............................
1
920.010
- Subdivision Approval Required ................................. ...............................
1
920.020
- Conveyance by Metes and Bounds ...i .......................... ...............................
1
920.030
- Registered Land Surveys ............................................ ...............................
1
SECTION 925 - PREMATURE SUBDIVISION PROHIBITED ............................................
1
925.010
- Premature Subdivision Prohibited . ........ . :..................................................
1
SECTION 930 - PRELIMINARY PLAT PROCEDURE ........................ ...............................
1
930.010
- Preliminary Plat Procedure .......................................... ...............................
1
930.020
- Application Requirements ............................................ ...............................
4
SECTION 935 - FINAL PLAT PROCEDURE.' . .................................... ...............................
1
935.010
- Final Plat Procedure .:.... ............................................. ...............................
1
935.020
- Application Requirements ............................................ ...............................
2
SECTION 940 - OPEN SPACE AND PRESERVATION (OS &P) PLATS ...........................
12
940.010
- Purpose of Division ..................................................... ...............................
13
940.020
- Objectives of Division and Definitions ...................... ...............................
13
940.030
Application Types ...................................................... ...............................
14
940.040
- Procedure. ` .................................................................. ...............................
15
940.050
- Development Standards ............................................. ...............................
16
940.060
- Ownership of Common Areas, ................................... ...............................
22
940.070
- Calculation of Base Density; Density Bonuses ......... ...............................
24
SECTION 945 - DESIGN STANDARDS ............................................... ...............................
1
945.010
- General Standards ......................................................... ...............................
1
945.020
- Lot Improvements ......................................................... ...............................
2
945.030
- Sidewalks and Trails ..................................................... ...............................
9
Table of Contents Page 1
June 23, 2011
945.040 - Drainage and Water Quality ....................................... ............................... 10
945.050 - Sewer and Water Facilities ......................................... ............................... 11
945.060 - Other Utilities .............................................................. ............................... 11
SECTION 950 - EROSION CONTROL ................................................. ............................... 1
950.010 - Erosion Control Plan ..................................................... ............................... 1
950.020 - Erosion Control Measures ............................................ ............................... 1
SECTION 955 - PARK DEDICATION ................................................. ............................... 1
955.010
- Statutory Authorization, Findings of Fact and Statement of Purpose ..... 1
955.020
- Required Dedication .................................................... ............................... 2
SECTION 960 - DEVELOPMENT CONTRACT.......'' :.......................... ............................... 1
960.010
- Purpose ................................ ............................... ..... ............................... 1
960.020
- Required Basic Improvements... ........................... ..... ............................... 1
960.030
- Other Improvements Required ............................. ..... .............................. 2
960.040
- Completion Of Basic Improvements ..................... ..... .............................. 2
960.050
- Financial Guarantees ....................... - ............................. ........ ................ 3
960.060
- Release and Expiration of Financial Guarantees ....................................... 4
960.070
- Performance Guarantee ............................................... ............................... 4
SECTION 965 - OFFICIAL MAPS ..................................................... ............................... 1
965.010
- Purpose ................................... .............................. ..... ............................... 1
965.020
- Official Map Defined .................................................. ............................... 1
965.030
- Initiation of Proceedings ............................................... ............................... 1
965.040
- Reference to Planning Commission ............................. ............................... 1
965.050
- Notice And Hearing ....................................................... ............................... 2
965.060
- Preparation and Filing of Maps .................................... ............................... 2
965.070
- Effect .......................................... ................................................................... 2
965.080
- Appeals ......................................................................................................... 3
SECTION 970 - ADMINISTRATION - VARIANCES ........................... ............................... 1
970.010
- Purpose .......................................................................... ............................... 1
970.020
- Board of Adjustments and Appeals .............................. ............................... 1
970.030
- Review Criteria.`' ............................................................. ............................... 1
970.040
- Procedures.._ ................................................................. ............................... 2
970.050
- Appeal of Council Ruling ............................................... ............................... 4
970.060
- Expiration ...................................................................... ............................... 4
SECTION 975 - ADMINISTRATION - VACATIONS OF RIGHTS -OF -WAY AND
EASEMENTS........................................................................................ ............................... 1
975.010 - Procedure ...................................................................... ............................... 1
975.020 - Filing .............................................................................. ............................... 1
975.030 - Public Hearing Required ............................................... ............................... 1
Table of Contents Page 2
June 23, 2011
SECTION 980 - ADMINISTRATION - APPEALS ................................ ............................... 1
980.010
- Board Designation ......................................................... ............................... 1
980.020
- Applicability ................................................................... ............................... 1
980.030
- Filing .............................................................................. ............................... 1
980.040
- Stay of Proceedings ....................................................... ............................... 1
980.050
- Procedure ...................................................................... ............................... 1
980.060
- Appeals from the City Council ...................................... ............................... 2
SECTION 985 - ENFORCEMENT AND PENALTIES .......................... ............................... 1
985.010
- Administration ........................................................... ............................... 1
985.020
- Enforcement ................................................................ ............................... 1
985.030
- Penalties ....................................................................... ............................... 2
Table of Contents Page 3
June 23, 2011
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Table of Contents Page 4
June 23, 2011
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SECTION 910 - TITLE. PURPOSE AND INTENT
910.010 - Title.
This Chapter shall be known as the "Corcoran Subdivision Ordinance" except as
referred to herein, where it shall be referred to as "this Chapter ".
910.020 - Purpose and Intent.
The intent of this Chapter is to protect and provide for the public health, safety,
morals, and general welfare of the City and its people, and specifically to achieve the
following purposes:
A. To implement the Comprehensive Plan;
B. To ensure that subdivisions are consistent with all applicable provisions of all
applicable plans, laws and regulations;
C. To establish standard requirements, conditions, and procedures for the design
and review of subdivisions;
D. To provide for the orderly subdivision of land, and to ensure proper legal
descriptions and monumentation of subdivided land;
E. To encourage the wise use and management of land and natural resources
throughout the City in order to preserve the integrity, stability, and natural
beauty of the community;
F. To ensure that adequate public infrastructure, facilities and services are
available concurrent with development;
G. To require subdividers to furnish land, install infrastructure, pay fees, and
establish mitigative measures to ensure that development provides its fair share
of capital facilities;
H. To encourage a beneficial relationship between the uses of land and circulation
of traffic throughout the City, and to provide for the proper location and design
of streets;
I. To prevent problems associated with inappropriately subdivided lands,
including premature subdivision, excess subdivision, partial or incomplete
subdivision, or scattered subdivision;
To assure that new subdivisions will contribute toward an attractive, orderly,
stable, livable, and safe community.
Section 910 (Title, Purpose and Intent) Page 1
June 23, 2011
910.030 - Relationship to Comprehensive Plan.
It is the policy of the City of Corcoran that the enforcement, amendment, and
administration of this Chapter be accomplished consistent with the City's
Comprehensive Plan, as may be amended from time to time. The City Council
recognizes the Comprehensive Plan as the official policy for the regulation of land
use and development in accordance with the policies and purpose herein set forth.
In accordance with Minnesota Statutes Chapter 473, the City will not approve any
changes in these regulations that are not consistent with the City's Comprehensive
Plan.
910.040 - More Restrictive Provision to Apply.
Where the regulations imposed by any provisions of this Chapter are either more or
less restrictive than comparable regulations imposed by this Chapter, or any 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.
910.050 - Conformity With This Chapter Is Required.
No land shall be divided, subdivided, or re- subdivided in a manner that does not
comply with the provisions of this Chapter.
910.060 - Separability.
It is hereby declared to be the intention of the City that the several provisions of this
Chapter are separable in accordance with the following:
Subd.''1. If any court of competent jurisdiction shall adjudge any provision of
this Chapter to be invalid, such judgment shall not affect any other
provisions of this Chapter not specifically included in said judgment.
Subd. 2. If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this Chapter to a particular property,
such judgment shall not affect the application of said provision to any
other property not specifically included in said judgment.
910.070 - Authority.
This Chapter is enacted pursuant to the authority granted by the Municipal Planning
Act, Minnesota Statutes, Chapter 462.351 to 462.365.
Section 910 (Title, Purpose and Intent) Page 2
June 23, 2011
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 exoressed'in feet shall be to the nearest one-
tenth of a foot.
Subd. S. 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.
Section 915(Rules and Definitions) Page 1
June 23, 2011
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.
Section 915(Rules and Definitions) Page 2
June 23, 2011
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.
Natural Resources Areas. .
Temporary Wastewater Treatment........,:
Section 915(Rules and Definitions) Page 3
June 23, 2011
Greenwav Corridor Land: .. .. ' . .
Upland. .: .
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
Section 915(Rules and Definitions) Page 4
June 23, 2011
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.
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
common boundary.
Tract: A unit of land described by letter in a
nt of a lot line by the relocation of a
istered 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 i
designated by the City Administrator to be the
Corcoran.
Section 915(Rules and Definitions) Page 5
June 23, 2011
Section 915(Rules and Definitions) Page 6
June 23, 2011
SECTION 920 - SUBDIVISION APPROVAL REQUIRED
920.010 - Subdivision Approval Required.
Subdivision approval in compliance with the provisions of this Chapter shall be
required for the separation of an area, parcel, or tract of land under single
ownership into 2 or more parcels, lots, tracts, or long -term leasehold interests. The
City will withhold building permits from properties created under state, federal or
judicial preemption if such properties do not meet the minimum development
standards of the City.
920.020 - Conveyance by Metes and Bounds.
All property conveyances must be made by plat, except property divisions by metes
and bounds may be allowed for those separations 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.
These subdivisions are exempted by State Statute.
920.030 - Registered Land Surveys.
All registered land surveys shall be filed subject to the same procedures as required
for the filing of a preliminary plat for platting purposes. The standards and
requirements set forth in this Chapter shall apply to all registered land surveys. A
registered land survey shall not be used to divide a parcel of land into lots for the
purpose of transfer of ownership or building development if any of the tracts would
not have the required frontage on a dedicated and improved public street.
(Ord. 226, passed 01- 26 -06)
Section 920(Subdivision Approval Required) Page 1
June 23, 2011
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left intentionally
blank.
Section 920(Subdivision Approval Required) Page 2
June 23, 2011
SECTION 925 - PREMATURE SUBDIVISION PROHIBITED
925.010 - Premature Subdivision Prohibited.
Any proposed subdivision deemed premature for development shall not be
approved by the City Council. A subdivision shall be deemed premature if the
Council determines that any of the following conditions exist. The burden of proof
shall be upon the subdivider to show that the proposed subdivision is not
premature.
Subd. 1. Inconsistent with the Comprehensive Plan. A proposed subdivision
may be deemed premature if it is inconsistent with the purposes,
objectives, development staging plan, or recommendations of the
City's Comprehensive Plan, as may be amended. Application for
reguiding and /or rezoning may be made simultaneously with an
application for subdivision approval, however, a subdivision
application will not be considered for approval by the City Council
until and unless any necessary reguiding and /or rezoning application
is approved by the Council.
Subd. 2. Inconsistent with the Capital Improvements Program. A proposed
subdivision may be deemed premature if it is inconsistent with the
capital improvements program because public improvements,
facilities, or services necessary to accommodate the proposed
subdivision would not be completed within two years of the date of
application.
Subd.3. Lack
ed
does not have
subdivision if
causing an un
surrounding e
subdivision rr
to serve the
ite Water Supply. A proposed subdivision shall be
adequate water supply if the proposed subdivision
dequate'sources of water to serve the proposed
weloped to its maximum permissible density without
asonable depreciation of existing water supplies for
gas. Within the urban service boundary, a proposed
7 be deemed premature if public water is not available
posed subdivision.
Subd. 4. Lack of Adequate Waste Disposal Systems. A proposed subdivision
shall be deemed to lack adequate waste disposal if there is inadequate
on -site sewer capacity to support the subdivision if developed to its
maximum permissible density.
Within the urban service boundary, a proposed subdivision may be
deemed premature if:
A. Sanitary sewer is neither available nor proposed; or
Section 925(Premature Subdivision Prohibited) Page 1
June 23, 2011
B. Available or proposed sanitary sewer is inadequate to support the
subdivision if developed to its maximum permissible density after
reasonable sewer capacity is reserved for schools, public facilities,
and other developments planned within five years of the date of
application.
Subd. S. Lack of Adequate Streets to Serve the Subdivision. A proposed
subdivision may be deemed premature if:
A. Streets which serve the proposed subdivision are of such a width,
grade, stability, vertical and horizontal alignment, site distance or
surface condition that the traffic volume generated by the
proposed subdivision would create a hazard to public safety and
general welfare, or would seriously aggravate an existing
hazardous condition; or
B. The traffic volume generated by the proposed subdivision would
create congestion or unsafe conditions on existing or proposed
streets.
Subd. 6. Lack of Adequate Drainage. A proposed subdivision may be deemed
premature if:
A. Surface or subsurface water retention and runoff is such that it
constitutes a hazard to the stability of proposed or existing
structures; or
B. The proposed subdivision would cause pollution of water sources
or would cause damage from erosion or siltation on downstream
property; or
C. Factors including, but not limited to, the presence of floodplain,
poor soils or subsoils, or steep slopes exist in such a manner as to
preclude adequate site drainage or treatment of runoff.
Subd. 7. Inconsistent with Environmental Requirements. A proposed
subdivision may be deemed premature if it is inconsistent with the
rules and policies of the Minnesota Environmental Quality Board, as
may be amended, and could adversely impact critical environmental
areas, or potentially disrupt or destroy, in violation of State historical
preservation laws, historic areas which are designated or officially
recognized by the City Council.
Subd. 8. Burden of Proof. The burden shall be on the applicant to show that
(Ord. 226, passed 01- 26 -06)
Section 925(Premature Subdivision Prohibited) Page 3
June 23, 2011
Section 925(Premature Subdivision Prohibited) Page 4
June 23, 2011
SECTION 930 - PRELIMINARY PLAT PROCEDURE
930.010 - Preliminary Plat Procedure.
An application for a preliminary plat shall be approved or denied pursuant to
Minnesota Statutes, Chapter 462.358.
Subd. 1. Filing. A preliminary plat application shall be filed with the Zoning
Administrator on an official application form. The application shall be
accompanied by the fee as set forth in the City Code. The application
shall also be accompanied by detailed written and graphic materials,
the number and size as prescribed by the Zoning Administrator, fully
describing the proposed plat, together with a set of mailing labels of
all property owners located within 350 feet of the site in a format
prescribed by the Zoning Administrator. The application shall be
considered as being officially submitted and complete when the
subdivider has complied with all the specified submittal
requirements, as described in this Section. If the subdivision requires
any variances from the provisions of this Chapter, an application
pursuant to Section 970 of this Chapter shall also be submitted before
the preliminary plat application shall be deemed complete.
Subd. 2. Staff Analysis. Upon receiving a complete application, as determined
by staff review, the Zoning Administrator shall refer copies of the
preliminary plat to the City staff and other applicable public agencies
as needed in order to receive written comments. Preliminary plats
including land abutting an existing or proposed trunk highway and /or
highway under county jurisdiction shall also be submitted to the
Minnesota Commissioner of Transportation and /or the Hennepin
County Transportation Planning Division as required by state law, at
least thirty days prior to City action on the preliminary plat. The
Zoning Administrator shall instruct the appropriate staff person to 1)
coordinate an analysis of the application, 2) prepare technical reports,
and 3) assist in preparing a recommendation to the Planning
Commission and City Council.
Subd. 3. Public Hearing Notice. Upon completion of staff's analysis of the
application, the Zoning Administrator, when required, shall set a
public hearing date for an upcoming Planning Commission meeting.
Notice of the hearing, including a description of the request and the
legal description of the property, shall be published in the City's
Official Newspaper at least 10 days prior to the hearing. Written
notification of the hearing shall also be mailed to all property owners
located within 350 feet of the site at least 10 days prior to the hearing.
Failure of a property owner to receive mailed notice or defects in the
notice shall not invalidate the proceedings.
Section 930 (Preliminary Plat Procedure) Page 1
June 23, 2011
Subd. 4. Planning Commission Consideration. The Planning Commission
shall consider a preliminary plat application, as follows:
A. The Planning Commission shall review the preliminary plat and
conduct the official public hearing.
B. The subdivider or representatives thereof may appear before the
Planning Commission to present information and answer
questions concerning the proposal.
C. The Planning Commission and staff shall have the authority to
request additional information from the subdivider concerning the
proposal, as deemed necessary to formulate a recommendation on
the proposal.
D. The Planning Commission shall recommend approval of the
preliminary plat if it in all ways conforms to the City's
Comprehensive Plan, Zoning Ordinance, this Chapter and all
Chapters of the City Code. The Commission shall recommend
denial of the preliminary plat if it makes any of the following
findings:
1. That the proposed subdivision is in conflict with the City's
Comprehensive Plan, Zoning Ordinance, Capital Improvements
Program, or other policy or regulation, except as such
regulations may be modified within a duly approved planned
unit de,.,
)ment (PUD).
roposed subdivision is in conflict with the purpose
of this Chapter.
hysical characteristics of the site are such that the
suitable for the type of development or use
ted. Such physical characteristics may include
y, vegetation, susceptibility to erosion and siltation,
susceptibility to flooding, water storage and retention and
other similar characteristics.
4. That the site is not physically suitable for the intensity or type
of development or use contemplated.
6. That the design of the subdivision or the type of improvements
will be detrimental to the health, safety, or general welfare of
the public.
7. That the design of the subdivision or the type of improvement
will conflict with easements on record or with easements
established by judgment of a court.
8. That the subdivision is premature as determined by the
standards of Section 508 of this Chapter.
Subd. S. City Council Consideration. The City Council shall consider a
preliminary plat application, as follows:
A. Upon receiving the reports and recommendations of the Planning
Commission and staff, the City Administrator shall schedule the
application for City Council consideration. The Council shall have
the option of receiving additional testimony on the matter if they
so choose.
B. The Council shall either approve or deny the application.
C. Approval of a preliminary plat shall require passage by a majority
vote of the entire City Council. Such approval shall constitute
general acceptance of the layout, but shall not constitute final
acceptance of the subdivision. Subsequent approval of a final plat
will be required before recording of the plat. The Council may
require plan revisions and may impose conditions upon approval,
eem
D. If a pry
such a
ed necessary to protect the health, safety, and general
of the City.
iary plat is denied by the City Council, the reasons for
shall be recorded in the Council proceedings and
to the applicant within 60 days.
Subd. 6. Effect of Approval. For one year following preliminary plat approval,
unless the subdivider and City agree otherwise, no amendment to the
Comprehensive Plan or other official controls shall apply to or affect
the use, development density, lot size, or lot layout that was approved.
Subd. 7. Effect of Denial. If a preliminary plat application is denied by the City
Council, the Planning Commission or City Council shall not consider a
similar application for a preliminary plat affecting substantially the
same property again for at least 6 months from the date of its denial.
Section 930 (Preliminary Plat Procedure) Page 3
June 23, 2011
Subd. 8. Expiration of Preliminary Plat Approval. Unless the City Council
specifically approves a different time period, the approval of a
preliminary plat shall expire one year from the date it was approved,
unless the applicant has filed a complete application for approval of a
final plat; or, unless before expiration of the one year period, the
applicant submits a written request for an extension thereof. Such
request for an extension shall include the following: 1) an explanation
for why a final plat has not been applied for, 2) what, if any, good faith
efforts have been made to complete the platting process, and 3) the
anticipated completion date. The Zoning Administrator may approve
up to 2 such extensions of not more than one additional year per
extension.
930.020 - Application Requirements.
The materials, information, and drawings required for submission of a preliminary
plat application are listed in this section. In order for a preliminary plat application
to be deemed complete, it shall include or have attached thereto all materials,
information, and drawings listed in this section.
Subd. 1. Application Form. The subdivider shall submit an official application
form, as provided by the City, including the following information:
A. Location, address (if assigned), legal description, and Hennepin
County property identification number (P.LN.) of all parcels
included within the proposed plat.
B. Name, address, telephone number, and signature of the subdivider
and all persons currently having an ownership interest in the
parcels comprising the proposed plat.
C. Written description that provides information about the proposed
plat including, but not limited to, number of lots, development
type, and anticipated completion date. Such description may be
provided on a separate sheet of paper that is attached to the
application form.
Subd. 2. Other Written Materials. The application form shall be
accompanied by, or address, the following written materials:
A. Estimated lot sizes for all lots and outlots in tabular form.
B. Written verification that all commonly owned contiguous land is
included in the plat.
C. A wetland report by a Certified Wetland Specialist.
Section 930 (Preliminary Plat Procedure) Page 4
June 23, 2011
Subd. 3. Fees and Cash Deposits. The fees shall accompany the application
form as set forth in the Corcoran City Code. The applicant shall also
deposit with the City the estimated cost of any consultant review of
the preliminary plat that may be necessary to determine compliance
with this Chapter or with the City's Comprehensive Plan, including but
not limited to planning, engineering or traffic studies.
Subd. 4. Drawings, General Requirements.
A. Drawings must meet all following specifications:
1. Be at a scale of one inch equals fifty feet (1" = 50') or less using
an engineer's scale only. All plan sheets shall be prepared
using the same scale.
2. Be on paper not exceeding 24 -inch by 36 -inch.
3. Include a. title, and north point indication, the name and
address of the subdivider, and the name and address of the
designer of the drawing.
e a signature of the person who prepared the drawing,
er with any registration number or other professional
nation number or title.
S. Provide the date of preparation and any revisions thereto.
subdivider shall provide complete full -sized (24 -inch by 36-
) assembled sets of the drawings that are collated, stapled and
rolled, the number of which shall be determined by the Zoning
The subdivider shall provide complete assembled sets of the
drawings reduced to 11 -inch by 17 -inch, the number of which
shall be determined by the Zoning Administrator.
D. The subdivider shall provide one copy of the preliminary plat at a
scale of one inch equals two hundred feet (1" = 200').
E. The subdivider shall submit electronic files of the drawings in a
manner specified by the City in the Engineering Design Standards.
The applicant may appeal directly to the City Council for a waiver
of this requirement for subdivisions resulting in three or fewer
parcels. No waiver shall be granted under this subsection unless
the Council finds that the applicant and his surveyor do not have
Section 930 (Preliminary Plat Procedure) Page 5
June 23, 2011
ready, economical access to the technology required to comply
with the electronic filing requirement.
Subd. S. Drawings, Existing Conditions. The application form shall be
accompanied by drawings and information indicating the following:
A. An accurate certified survey of the proposed plat, current within
one year, showing existing conditions and providing the current
legal descriptions of all parcels within the proposed plat.
B. Floodplain and shoreland district boundaries within the proposed
plat.
C. Gross acreage and net acreage of the proposed plat, computed to
one -tenth of an acre.
D. Location, width, and name of all existing streets, public ways,
parks, and other public lands (including permanent structures),
railroads, utility rights -of -way, corporate lines, and easements
within the proposed plat, and to a distance of 100 feet beyond the
boundary lines of such plat.
E. Location and size of a
, as well as all sewers,
waterains, culverts and other underground facilities (public and
private) within the proposed plat, and to a distance of 100 feet
beyond the boundary lines of such plat. Data such as grades, rim
and invert elevations, locations of catch basins and manholes, and
fire hydrants shall also be provided.
F. Topography in 2 -foot contour intervals within the proposed plat,
and to a distance of 100 feet beyond the boundary lines of such
plat.
G. Water courses, wetlands, marshes, wooded areas, rock outcrops,
power transmission poles and lines, and other significant features
within the proposed plat, and to a distance of 100 feet beyond the
boundary lines of such plat.
H. Boundary lines and ownership of all adjoining land within 100
feet.
I. Existing guiding and zoning classifications for land within, and
abutting, the proposed plat.
J. Tree inventory identifying the trees to be removed or preserved.
Section 930 (Preliminary Plat Procedure) Page 6
June 23, 2011
K. Soil borings and percolation tests, as may be required by the
Building Official or City Engineer.
Subd. 6. Drawings, Preliminary Plans. The application form shall be
accompanied by drawings and information indicating the following:
A. Preliminary plat, including the following:
1. Name of the proposed plat.
2. Layout of all proposed lot lines, together with the number, size,
and preliminary dimensions, including the width of the lots at
the front setback line.
3. Layout of all proposed streets, including those required in
accordance with the City's Comprehensive Plan, showing right -
of -way widths, pavement widths, center line gradients, typical
cross sections, street drainage systems, and proposed street
names pursuant to the City's street naming system.
4. Location and width of all proposed sidewalks, trails, pedestrian
ways, and fire lanes.
S. Location, dimensions, and purpose of all easements.
6. Minimum building setback lines.
7. Areas other than streets, sidewalks, trails, pedestrian ways,
and utility easements intended to be dedicated or reserved for
private or public use, including the size of such area(s).
8. Floodplain and'shoreland district boundaries within the
proposed plat.
9. Proposed guiding and zoning classifications if the plat
application includes a reguiding and /or rezoning request.
10. A tentative plan for future platting, if the proposed plat
includes any areas intended for future re- subdivision.
B. Preliminary grading and erosion control plan for the proposed
plat, including the following:
1. Lot and block numbers, building pad locations, building style
and proposed building pad elevations at the lowest floor and
garage slab for each lot.
Section 930 (Preliminary Plat Procedure) Page 7
June 23, 2011
2. Topography in 2 -foot contour intervals, with existing contours
shown as dashed lines and proposed contours shown as solid
lines. Existing topography shall extend 100 feet beyond the
borders of the proposed plat. For lots greater than 3 acres, the
Council may waive this topography requirement.
3. Location of all existing natural features on the tract including,
but not limited to, tree lines, wetlands, ponds, lakes, streams,
drainage channels, bluffs, steep slopes, etc.
4. Location of all existing and proposed storm sewer facilities,
including pipes, manholes, catch basins, ponds, swales, and
drainage channels within 100 feet of the proposed plat. Pipe
type and size, pipe grades, rim and invert elevations, and
normal high water elevations shall be included.
S. Flood elevations and locations if the plat is located within, or
adjacent to, a_100 -year flood plain.
6. Spot elevations at drainage break points and directional
arrows indicating site and swale drainage.
Locations, grades, and rim invert elevations of all storm sewer
facilities, including ponds, proposed to serve the plat.
8. Locations and elevations of all street high and low points.
es.
10. Phasing of grading.
11. Location of all easements, including oversize or non - typical
easements.
12. An erosion control plan, pursuant to Section 950 of this
Chapter.
C. Preliminary utility plan for the proposed plat, including the
following:
1. Location, dimensions, and purpose of all easements.
2. Location, type, size, grades, and rim and invert elevations of
existing and proposed sanitary sewer, storm sewer, water
mains, culverts, catch basins, manholes, hydrants, and other
Section 930 (Preliminary Plat Procedure) Page 8
June 23, 2011
similar facilities within the proposed plat and to a distance of
100 feet beyond the plat.
3. Schematic storm sewer, sanitary sewer, and water layouts,
illustrating invert and top rim elevations, proposed gradients,
direction of flow, hydrant locations, and drainage areas.
4. Where applicable, a report prepared by a MPCA certified and
licensed individual on the feasibility of individual on -site sewer
and water systems on each lot and shall include soil boring
analysis and percolation tests to verify conclusions, and other
necessary information as regulated by State and City
regulations. The report and findings shall be subject to review
and approval by the City Building Official.
D. Tree preservation plan for the proposed plat. The plan shall
identify the location and type of trees and all existing trees to be
preserved. Such plan shall also include proposed locations and
details of tree protection fencing to be installed for all trees to be
preserved.
E. Other drawings required for the proposed plat, as follows:
1. Source of water
2. Provisions for sewage disposal, drainage and flood control.
3. Location of proposed street lights, as well as the utilities of
electricity, gas, telephone, and CATV.
4. A general landscaping plan showing plantings, berms, fences,
walls, sidewalks and trails, and any subdivision signage.
S. For plats containing one- or two - family dwellings, the location
on each lot where an attached or detached garage containing at
least one parking stall could be built within ordinance
standards, if the principal structure is to be built without a
garage.
Section 930 (Preliminary Plat Procedure) Page 9
June 23, 2011
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Section 930 (Preliminary Plat Procedure) Page 10
June 23, 2011
SECTION 935 - FINAL PLAT PROCEDURE
935.010 - Final Plat Procedure.
An application for a final plat shall be approved or denied Pursuant to Minnesota
Statutes, Chapter 462.358.
Subd. 1. Compliance with Preliminary Plat. A final plat application shall be
in substantial compliance with the approved preliminary plat,
including any required modifications thereto.
Subd. 2. Filing. A final plat application shall be filed with the Zoning
Administrator on an official application form. The application shall be
accompanied by the fee as set forth in the City Code. The application
shall also be accompanied by detailed written and graphic materials,
the number and size as prescribed by the Zoning Administrator, that
describes the final plat. The application shall be considered as being
officially submitted and complete when the subdivider has complied
with all the specified submittal requirements, as described in this
Section.
Subd. 3. Staff Analysis. Upon receiving a complete application, as determined
by staff review, the Zoning Administrator shall refer copies of the final
plat to the City staff and other applicable public agencies as needed in
order to receive written comments. The Zoning Administrator shall
instruct the appropriate staff person to 1) coordinate an analysis of
the application, 2) prepare technical reports and coordinate
preparation of the development contract, and 3) assist in preparing a
recommendation to the City Council.
City Council Consideration. The City Council shall consider a final
plat as follows:
Upon receiving the reports and recommendations of the staff, the
City Administrator shall schedule the application for City Council
consideration. The Council shall have the option of receiving
additional testimony on the matter if they so choose.
B. The City Council shall either approve or deny the application.
C. Approval of a final plat and any related development contract shall
require passage by a majority vote of the entire City Council. The
Council may require such revisions in the final plat as it deems
necessary for the health, safety, general welfare and convenience
of the City.
Section 940 (Open Space and Preservation Plats) Page 1
June 23, 2011
D. If a final plat is denied by the City Council, the reasons for such
action shall be recorded in the Council proceedings and
transmitted to the applicant within 60 days.
Subd. S. Recording of Final Plat. If the final plat is approved and signed by
the Mayor and City officials, the subdivider shall record the final plat
with the County Recorder or the Registrar of Titles. No changes,
erasures, modifications or revisions shall be made in any final plat
after approval has been given by the City Council and endorsed in
writing on the plat.
Subd. 6. Effect of Approval. For 2 years following final plat approval, unless
the subdivider and City agree otherwise, no amendment to the
Comprehensive Plan or other official controls shall apply to or affect
the use, development density, lot size, or lot layout that was approved.
Subd. 7. Expiration of Final Plat Approval. Unless the City Council
specifically approves a different time period, the approval of a final
plat shall expire 2 years from the date it was approved, unless the
applicant has recorded the final plat with Hennepin County; or, unless
before expiration of the 2 -year period, the applicant submits a written
request for an extension thereof. Such request for an extension shall
include the following: 1) an explanation for why a final plat has not
been filed, 2) what, if any, good faith efforts have been made to
complete the platting process, and 3) the anticipated completion date.
The Zoning Administrator may approve one such extension for a term
not to exceed one additional year.
935.020 - Application Requirements.
The materials, information, and drawings required for submission of a final plat
application are listed in this section. In order for a final plat application to be
deemed complete, it shall include or have attached thereto all materials,
information, and drawings listed in this section.
Subd. 1. Application Form. The subdivider shall submit an official application
form, as provided by the City, including the following information:
A. Location, address (if assigned), legal description, and Hennepin
County property identification number (P.I.N.) of all parcels
included within the proposed plat.
B. Name, address, telephone number, and signature of the subdivider
and all persons currently having an ownership interest in the
parcels comprising the proposed plat.
Section 940 (Open Space and Preservation Plats) Page 2
June 23, 2011
C. Written description that indicates compliance with the approved
preliminary plat and all related conditions of approval thereto. If
the proposed final plat varies from the approved preliminary plat,
the nature and extent of the variation must be described. Such
description may be provided on a separate sheet of paper that is
attached to the application form.
Subd. 2. Other Written Materials. The application form shall be
accompanied by, or address, the following written materials:
A. Three specification books for construction of public
improvements.
B. Cost estimates for grad
C. Lot sizes for all lots
D. A copy of any proposed he
private covenants or deed
all public improvements.
in tabular form.
wners association documents,
- ictions.
Subd. 3. Fees and Deposits. The fees shall accompany the application form as
set forth in the Corcoran City Code. The applicant shall also deposit
with the City the estimated cost of any consultant review of the final
plat that may be necessary to determine compliance with this Chapter
or with the City's Comprehensive Plan, including but not limited to
planning, engineering or traffic studies.
Subd. 4. Drawings, General Requirements.
A. Drawings must meet all following specifications:
1. Be at a scale of one inch equals fifty feet (1" = 50') or less using an
engineer's scale only.
2. Be on paper not exceeding 24- inches by 36- inches.
3. Include a title, and north point indication, the name and address of
the subdivider, and the name and address of the designer of the
drawing.
4. Include a signature of the person who prepared the drawing,
together with any registration number or other professional
certification number or title.
S. Provide the date of preparation and any revisions thereto.
Section 940 (Open Space and Preservation Plats) Page 3
June 23, 2011
B. The subdivider shall provide complete full -sized (24- inches by 36-
inches) assembled sets of the drawings that are collated and stapled,
the number of which shall be determined by the Zoning
Administrator.
C. Reductions: The subdivider shall provide complete, assembled sets of
the drawings reduced to 11- inches by 17- inches, the number of which
shall be determined by the Zoning Administrator.
D. The subdivider shall provide one copy of the final plat at a scale of one
inch equals two hundred feet (1" = 200').
E. The subdivider shall submit electronic files of the drawings in a
manner specified by the City in the Engineering Design Standards.
The applicant may appeal directly to the City Council for a waiver of
this requirement for subdivisions resulting in three or fewer parcels.
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
electronic filing requirement.
Subd. S. Drawings, Existing Conditions. The application form shall be
accompanied by drawings and information indicating the following:
An accurate certified survey of the proposed plat, current within
one year of the date of application, showing existing conditions
and providing the current legal descriptions of all parcels within
the proposed plat.
B. Floodplain and - shoreland district boundaries within the proposed
plat.
C. Gross acreage and net acreage of the proposed plat, computed to
one-tenth of an acre.
D. Location, width, and name of all existing streets, public ways,
parks, and other public lands (including permanent structures),
railroads, utility rights -of -way, corporate lines, and easements
within the proposed plat, and to a distance of 100 feet beyond the
boundary lines of such plat.
Subd. 6. Drawings, Final Plans. The application form shall be accompanied
by drawings and information indicating the following:
A. Final plat, including the following:
Section 940 (Open Space and Preservation Plats) Page 4
June 23, 2011
1. Name of the proposed plat.
2. Layout of all proposed lot lines with dimensions, and lot and
block numbers.
3. Layout of all proposed streets, showing right -of -way widths
and street names pursuant to the City's street naming system.
4. Location, dimensions, and purpose of all easements.
S. Areas other than streets, sidewalks, trails, pedestrian ways,
and utility easements intended to be dedicated or reserved for
private or public use, including the size of such area(s).
6. Certification by a registered surveyor, as required by
Minnesota Statutes, Section 505.03, as may be amended.
7. Space for signatures of all owners of any interest in the land
and holders of a mortgage thereon, in the format prescribed by
Hennepin County.
8. Space for certificates of approval to be filled in by the
signatures of the Mayor and City Engineer, together with space
for the attestation of such signatures by the City Clerk.
9. Space for certificates of approval and review, in the format
prescribed by Hennepin County.
B. Final grading and drainage plan for the proposed plat, including
the following:
1. Lot and block numbers, building pad locations, building style
and proposed building pad elevations at the lowest floor and
garage slab for each lot.
2. Topography in two -foot contour intervals, with existing
contours shown as dashed lines and proposed contours shown
as solid lines. Existing topography shall extend 100 feet
beyond the borders of the proposed plat.
3. Location of all existing natural features on the tract including,
but not limited to, tree lines, wetlands, ponds, lakes, streams,
drainage channels, bluffs, steep slopes, etc.
4. Location of all existing and proposed storm sewer facilities,
including pipes, manholes, catch basins, ponds, swales, and
Section 940 (Open Space and Preservation Plats) Page 5
June 23, 2011
drainage channels within 100 feet of the proposed plat. Pipe
type and size, pipe grades, rim and invert elevations, and
normal and high water elevations shall be included.
S. Flood elevations and locations if the plat is located within, or
adjacent to, a 100 -year flood plain.
6. Spot elevations at drainage break points and directional
arrows indicating site and swale drainage, and emergency
overflow locations, elevations and routes.
7. Locations, grades, and rim invert elevations of all storm sewer
facilities, including ponds and rain gardens, proposed to serve
the plat.
8. Locations and elevations of all street high and low points.
9. Street grades.
10. Phasing of grading.
11. Benchmark elevations.
12. Location and elevation of all retaining walls.
13. Location of all easements, including oversize or non - typical
easements.
14. An erosion control plan, pursuant to Section 950 of this
Chapter.
C. Final utility plan for the proposed plat, including the following:
1. Location, dimensions, and purpose of all easements.
2. Location, size, grades, and rim and invert elevations of existing
and proposed sanitary sewer, storm sewer, water mains,
culverts, catch basins, man holes, hydrants, and other similar
facilities within the proposed plat and to a distance of 100 feet
beyond the plat.
3. Storm sewer, sanitary sewer, and water layouts, including top
rim and invert elevations, proposed gradients, direction of
flow, hydrant locations, drainage areas and benchmark
elevations.
Section 940 (Open Space and Preservation Plats) Page 6
June 23, 2011
4. Profiles for all proposed utilities.
D. Tree preservation plan for the proposed plat. The plan shall
identify the location and type of trees and all existing trees to be
preserved. Such plan shall also include proposed locations and
details of tree protection fencing to be installed for all trees to be
preserved.
E. Other drawings required for the proposed plat, as follows:
1. Location of proposed street lights, as well as the utilities of
electricity, gas, telephone, and CATV.
2. A general landscaping plan showing plantings, berms, fences,
walls, sidewalks and trails, and any subdivision signage.
F. Final street plan for the proposed plat, including the following:
1. Plan view of proposed and existing streets including location,
dimensions, and purpose of all rights of way and easements,
location of existing or proposed utilities.
2. Street profiles including existing and proposed elevations
extended to show how they tie into the adjacent properties.
ection and design information based on the soil r-
e.
Section 940 (Open Space and Preservation Plats) Page 7
June 23, 2011
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Section 940 (Open Space and Preservation Plats) Page 8
June 23, 2011
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Section 940 (Open Space and Preservation Plats) Page 12
June 23, 2011
940.010 - Purpose of Division.
with no:-
with
Subd 3.
Subd 4.
Section 94U (Open Space and Preservation Plats) Page 14
June 28,2Ull
940.040 - Procedure.
Subd.1.
Section 940 (Open Space and Preservation Plats) Page 15
June 23, 2011
With no
Section 940 (Open Space and Preservation Plats) Page 16
June 23, 2011
with
Section 940 (Open Space and Preservation Plats) Page 17
June 23, 2011
Section 940 (Open Space and Preservation Plats) Page 18
June 23, 2011
Section 940 (Open Space and Preservation Plats) Page 19
June 23, 2011
Section 940 (Open Space and Preservation Plats) Page 20
June 23, 2011
with no '3
Section 94U (Open Space and Preservation Plats) Page 21
June 28,2Ull
Section 94U (Open Space and Preservation Plats) Page 22
June 28,2Ull
Section 940 (Open Space and Preservation Plats) Page 23
June 23, 2011
Section 940 (Open Space and Preservation Plats) Page 24
June 23, 2011
with
Section 94U (Open Space and Preservation Plats) Page 25
June 28,2Ull
(Ord. 212, passed 12- 21 -04, Ord. 224, passed 10- 27 -05)
Section 940 (Open Space and Preservation Plats) Page 26
June 23, 2011
SECTION 945 - DESIGN STANDARDS
945.010 - General Standards.
Subd. 1. Contiguous Land. A preliminary plat shall include all of the owner's
contiguous land, unless subdivision of property contiguous to the
subdivision would be premature as defined by this Chapter. If
subdivision of the contiguous property owned by the applicant would
be premature, the applicant shall submit a sketch plan with enough
detail to demonstrate how that property can be subdivided in the
future in a manner consistent with the Comprehensive Plan and this
Chapter. Final platting may be accomplished in phases.
Subd. 2. Subdivisions Straddling Municipal Boundaries. Whenever access
to the subdivision is required across land in another city, the City shall
request assurance from the affected city that access is legally
established and that the access road is adequately improved or that a
guarantee has been duly executed and is sufficient in amount to
assure the construction of the access road. In general, lot lines should
be laid out so as not to cross municipal boundary lines.
Subd. 3. Monuments.
A. Official permanent monuments shall be placed as required by
Minnesota Statutes, Section 505.02 (as may be amended).
B. All monument markers shall be correctly in place upon final
grading and installation of utilities.
C. The City will not issue building permits for a lot within a plat until
monuments have been placed for that lot.
D. All United States, state, county or other official benchmarks,
monuments or triangulation stations in or adjacent to the property
shall be preserved in precise position.
Subd. 4. Subdivision Names. The proposed name of the subdivision shall not
duplicate or too closely approximate phonetically, the name of any
other subdivision in the City. The City shall have final authority to
designate the name of the subdivision.
Subd. S. Engineering Design Standards. Public and private improvements
shall comply with standards set forth in the City's Engineering Design
Standards, which are herein adopted by reference.
Section 945 (Design Standards) Page 1
June 23, 2011
945.020 - Lot Improvements.
Subd. 1. Lot Arrangement. The lot arrangement shall be such that there will
be no foreseeable difficulties, for reasons of topography or other
conditions, in securing building permits to build on all lots in
compliance with the Zoning Ordinance. In addition, all lots shall abut
and have direct access to an improved street except for developments
with unit lots, in which case the base lot shall abut and have direct
access to an improved street.
Subd. 2. Minimum Lot Dimensions. All lot dimensions shall comply with the
minimum standards of the Zoning Ordinance. Depth and width of
properties reserved or laid out for commercial, office or industrial
purposes shall be adequate to provide for the off- street parking and
loading facilities required for the type of use contemplated, as
established in the Zoning Ordinance, except as may be modified
within a duly approved planned unit development (PUD).
Subd. 3. Side Lot Lines. Side lines of lots shall be substantially at right angles
to street lines and substantially radial to curved street lines, unless an
alternative layout will result in a better street or lot plan.
Subd. 4. Corner Lots. Corner lots shall be of sufficient width and depth to
comply with the minimum building setback requirement from both
streets and to comply with the minimum driveway setback from the
intersection, as established in the Zoning Ordinance.
Subd. 5. Through or Double Frontage Lots and Access to Lots.
A. Through or Double Frontage Lots. Through or double frontage
lots shall not be permitted except where lots back on an arterial
roadway or where specific disadvantages of topography or other
conditions render subdividing otherwise unreasonable.
B. Access from Minor Arterials and Minor Collectors. Lots shall not,
in general, derive access exclusively from a minor arterial or major
collector roadway. No lot parallel to a minor arterial or major
collector roadway and having a width of less than 200 feet should
front on these roadways unless 1) access is limited to streets other
than a minor arterial or major collector, 2) access is provided
jointly with other lots or 3) access is ultimately to be provided
from a planned frontage road. Where possible, driveways shall be
designed and arranged so as to avoid requiring vehicles to back
into traffic on minor arterial or major collector roadways.
Section 945 (Design Standards) Page 2
June 23, 2011
Subd. 6. Lots Abutting Water. Lots abutting a water body, wetland, drainage
way, channel, stream or pond shall be of sufficient width and depth
and at the elevation needed to assure that building sites are not
subject to flooding. The platting of lots within the floodplain is subject
to the Zoning Ordinance provisions relating thereto.
Subd. 7. Large Tracts. When a parcel of land is subdivided into larger tracts
than for building lots, such tracts shall be divided so as to allow for the
opening of major streets and the ultimate extension of adjacent
streets and utilities.
Subd. 8. Lot Remnants. All remnants of land which are below the minimum
lot size or which are otherwise unbuildable must be added to adjacent
lots and shall not be platted as an unusable outlot or parcel.
Subd. 9. Soil Preservation, Grading and Sodding /Seeding.
A. Lot Drainage. Lots shall be laid out so as to provide positive
drainage away from all buildings, and individual lot drainage shall
be coordinated with the general storm drainage pattern for the
area. Where possible, drainage shall be designed so as to avoid
concentration of storm water drainage from each lot to adjacent
lots.
B. Sodding /Seeding. Sodding and seeding shall be done in
conformance with the Zoning Ordinance and Engineering Design
Standards.
Subd. 10. Debris and Waste. No cuttrees, diseased trees, timber, debris, earth,
rocks, stones, soil, junk, rubbish, former building foundations,
abandoned wells, abandoned septic systems or other waste materials
of any kind shall be buried in any land, or left or deposited on any lot
or street at the time of the issuance of a certificate of occupancy, and
removal of those items and materials shall be required prior to
issuance of any certificate of occupancy in a subdivision. No items and
materials as described in the preceding sentence shall be left or
deposited in any area of the subdivision at the time of expiration of
the Development Contract or dedication of public improvements,
whichever occurs sooner.
Subd. 11. Waterbodies and Watercourses. If a tract being subdivided
contains a water body, or portion thereof, lot lines shall be so drawn
as to distribute the entire ownership of the water body among the
fees of adjacent lots. The City may approve an alternative plan
whereby the ownership of and responsibility for safe maintenance of
Section 945 (Design Standards) Page 3
June 23, 2011
the water body is so placed that it will not become a City
responsibility.
Subd. 12. Access.
A. Block length and width or acreage within bounding streets shall be
sufficient to accommodate the size of lots required by the Zoning
Ordinance and to provide for convenient access, circulation
control and safety of street traffic.
1. In the municipal urban service boundary, block lengths shall
not exceed 900 feet nor be less than 500 feet, measured from
the centerlines of streets, except where topography or other
conditions justify a departure from that standard.
2. In the rural areas, block lengths shall not exceed 1,320 feet nor
be less than 400 feet, except where topography or other
conditions justify a departure from that standard. In blocks
longer than 800 feet, pedestrian walkways and /or easements
at least 10 feet wide may be required near the center of the
block.
B. Vehicle access shall be prohibited from a stub street to adjoining
lots until such time as the stub street is extended into an adjoining
tract, or unless a temporary cul -de -sac is provided.
C. When a proposed plat contains or borders on the right -of -way of
an existing or planned principal or minor arterial roadway, the
City Council may require dedication and installation of a street
approximately parallel to and on each side of such right -of -way for
adequate protection of properties and to afford a separation of
local and through traffic. Such streets shall be located at a distance
from the major roadway suitable for the appropriate use of any
intervening land. Such distance shall also be determined with due
regard for the requirements of approach connections, future grade
separations, and lot depths.
D. The subdivider shall provide access to all lots via local streets.
When a proposed plat contains or borders on the right -of -way of a
principal arterial, vehicle access points shall be restricted in
accordance with the City's Comprehensive Plan and the access
requirements of the Minnesota Department of Transportation and
Hennepin County. When a proposed plat contains or borders on
the right -of -way of a minor arterial or major collector roadway,
vehicle access points shall be restricted from such roadways. If
access onto a minor arterial or major collector is the only option
Section 945 (Design Standards) Page 4
June 23, 2011
for access and is therefore required, such vehicle access points
shall be limited from individual lots onto such streets through the
use of shared driveways, consistent with the access management
provisions of the City's Comprehensive Plan.
E. Access to minor arterial and major collector streets shall be at
intervals of not less than 1/ mile, and through existing and
established crossroads where possible. In the platting of small
tracts of land fronting on minor arterial streets where there is no
other alternative, a temporary access permit may be granted. As
neighboring land becomes subdivided and access to other streets
becomes possible, such temporary access permit shall become
void.
F. When a residential lot has frontage on multiple streets, access to
such lot shall be prohibited from higher -order streets (e.g., a lot
that fronts on a minor arterial street and a collector street shall be
prohibited from having access on the minor arterial street, and a
lot that fronts on a collector street and a local street shall be
prohibited from having access on the collector street).
Subd. 13. Street Names. Street names shall be designated by the City street
naming system, as administered by the Zoning Administrator. The
Zoning Administrator shall have discretion to alter the City street
naming system, when appropriate, in order to avoid confusion to the
traveling public. A petition to rename a street shall require action by
the City Council.
Subd. 14 Street Regulatory Signs. Street signs of standard design approved
by the City shall be installed at each street intersection or at such
other locations within the subdivision as designated by the City
Engineer.
Subd. 15. Traffic Control Signs. Traffic control signs pursuant to Minnesota
Statutes, Section 169.06, shall be installed at locations within the
subdivision as designated by the City Engineer.
Subd. 16. Turn Lanes and Traffic Lights. Turn lanes and traffic lights shall be
installed at the expense of the subdivider when required as a result of
the proposed subdivision. The cost of the improvements shall be
apportioned among benefiting properties as determined by the City.
Subd. 17. Street Lights. Street lights shall be installed at all intersections and at
poles with underground electrical service, and shall conform to City
lighting standards.
Subd. 18. Sidewalks and Trails. Required sidewalks and trails shall be
installed at the time a street is constructed.
Subd. 19. Dead -End Streets, Stub Streets and Cul -de -Sac Streets
(permanent and temporary).
A. Dead -End Streets. Dead -end streets shall be prohibited, except as
stub streets.
B. Stub Streets. Stub streets sh
extensions into adjoining trz
shall be installed at the end
provided indicating a future
to permit future street
cts, where appropriate. Barricades
)f stub streets and signage shall be
street connection
C. Cul -de -Sac Streets (permanent). Cul -de -sac streets may be
installed where necessary due to topography, configuration of
land, existing road layouts or other special circumstances.
D. Cul -de -Sac Streets (temporary). In those instances where a street
is terminated pending future extension in conjunction with future
platting and its terminus is located 1,320 feet or more from the
nearest intersection in rural areas or 900 feet in urban areas, a
temporary cul -de -sac with a pavement width of 90 feet in
diameter shall be provided at the closed end. Any portion of a
temporary cul -de -sac not located within the street right -of -way
shall be placed in a temporary roadway easement extending
beyond the curb line of the temporary cul -de -sac in all directions.
No building permit shall be issued for any properties containing
such temporary easement until after the temporary cul -de -sac is
constructed. A financial guarantee will be required for removal
and restoration, as required by the Development Contract for the
subdivision.
Subd. 20. Alleys and Private Drives. Alleys and private drives may be
permitted by the City Council.
Subd. 21. Design Standards, Streets.
A. General. In order to provide for streets of suitable location, width
and general improvement to accommodate prospective traffic and
afford satisfactory access to police, firefighting, snow removal,
sanitation and road maintenance equipment, and to coordinate
roads so as to compose a convenient system and avoid undue
Section 945 (Design Standards) Page 6
June 23, 2011
hardships to adjoining properties, the following design standards
for streets are hereby required.
B. Street Surfacing and Improvements. After the subdivider has
installed sewer and water, the subdivider shall construct poured -
in -place concrete curbs and gutters and shall surface streets to the
width prescribed in this Chapter. Types of pavement shall be as
prescribed in the City's Engineering Design Standards. Adequate
provision shall be made for culverts, drains and bridges. The
portion of the right -of -way outside the area surfaced shall be
sodded. All road pavement, shoulders, drainage improvements
and structures, curbs, turnarounds and sidewalks shall conform to
all construction standards and specifications in the City's
Engineering Design Standards and shall be incorporated into the
construction plans required to be submitted by the subdivider for
final plat approval.
C. Right -of -Way Width.
1. Minimum right -of -way width for minor arterial and collector
streets shall be as follows:
Street Type
Right-of-Way Width
Minor Arterial
100 feet
Major Collector
80 feet
Minor Collector
60 feet
2. The right -of -way width for local streets shall be determined by
the City Engineer and shall be adequate to accommodate
pavement width and other improvements required within the
right -of- way.
3. In order to ensure safety and accommodate existing and future
street intersections, bridge overpasses, railway crossings,
interchanges, topography and the like, the City may require
dedication of a greater right -of -way width than specified
above.
4. A subdivider maybe required to install landscaped medians
for certain minor arterial and collector roadways platted
within the subdivision, in accordance with roadway standards
established by the City Engineer and the Design Guidelines
located in Appendix A of the Zoning Ordinance.
Section 945 (Design Standards) Page 7
June 23, 2011
D. Principal Arterials. Lots abutting principal arterials shall have
sufficient lot depth required to accommodate any additional
structure setbacks provided by the Zoning Ordinance.
E. Pavement Width shall be as identified in the City Engineering
Design Standards.
F. Cul -de -Sac Street Turnarounds. Residential cul -de -sacs may
include a center island within the turn - around for snow storage.
Maintenance of such center islands shall become the responsibility
of a Homeowners Association for the subdivision. The pavement
width between the outside curb of the turn- around and such
island shall be a minimum of 28 feet wide.
G. Street Grades. The minimum grade for all streets shall be 1/z
percent. Grades within 30 feet of intersections with arterial and
collector streets and grades for the turnaround portion of a cul -de-
sac street shall not exceed 3 percent. Otherwise, the maximum
grades shall be as follows:
Street Type
Maximum Grade
Minor Arterial
4%
Collector
6%
Local
8%
H. Intersections.
11 be laid out to intersect at right (90 degree) angles
oot minimum tangent from the radius return. The
intersection may be varied in cases where
i or other factors justify a variation, but in no case
et intersect with another street at angle of less than
. Intersections having more than 4 corners shall be
2. Proposed new intersections along one side of an existing street
shall, wherever practicable, coincide with any existing
intersections on the opposite side of such street. Street jogs
shall have a centerline offset of at least 150 feet.
3. Minimum curb radius at the intersection of 2 local streets shall
be at least 10 feet.
I. Street Alignment.
Section 945 (Design Standards) Page 8
June 23, 2011
1. Reverse Curves (horizontal alignment). Collector and Arterial
streets shall comply with Minnesota State Aid Standards.
2. Differing Street Gradients (vertical alignment). Differing
connecting street gradients for minor arterial and collector
streets shall be connected with vertical parabolic curves. The
minimum length of such curves shall be in accordance with the
Minnesota Department of Transportation Road Design Manual,
latest revision.
Subd. 22. Street Dedication and Reservatio
A. All streets within a subdivision shall be dedicated as public streets
on the plat, except as may be allowed by Subd. 20 of this Section.
B. Streets in new subdivisions shall be laid out so as to eliminate or
avoid new perimeter half - streets. Where an existing half- street is
adjacent to a new subdivision, the other half of the street shall be
improved and dedicated by the subdivider. The City Council may
authorize a new perimeter street where the subdivider improves
and dedicates the entire required street right -of -way width within
the subdivision boundaries.
C. Where a subdivision borders an existing substandard street or
street needing improvement, the subdivider shall be required to
improve and dedicate at its expense those areas for widening or
improvement. Such streets shall be improved and dedicated as
required by this Subdivision Ordinance. The cost of the
improvements shall be apportioned among benefiting properties
as determined by the City.
945.030 - Sidewalks and Trails.
Subd. 1. Required Improvements.
A. A sidewalk or trail shall be installed along all arterial and collector
roadways consistent with the City's Comprehensive Plan and the
Park and Trail Plan. Sidewalks shall extend to the turn - around
portion of a cul -de -sac street. Construction of both sidewalks and
trails shall be as specified in the City's Engineering Design
Standards.
B. Width. Sidewalks along local streets shall be a minimum of 5 feet
wide. Trails shall be a minimum of 8 feet wide, unless located
Section 945 (Design Standards) Page 9
June 23, 2011
directly behind a curb, in which case they shall be a minimum of
10 feet wide.
C. Grade. Sidewalks and trails shall be sloped in such a manner so as
to prevent pooling of storm water runoff and to drain away from
any nearby buildings. The profile grade shall not exceed the grade
of the adjacent roadway, unless authorized by the City Engineer.
945.040 - Drainage and Water Quality.
Subd.1. General Requirements.
A. The City Council will not approve any subdivision that does not
make adequate provision for quantity and quality of storm water
runoff. Any storm water drainage system shall be separate and
independent of the sanitary sewer system.
B. Water quality basins shall be designed in accordance with the
City's Engineering Design Standards.
Subd. 2. Dedication of Drainage Easements.
A. General Requirements. Where a watercourse, drainage way,
channel or stream traverses a subdivision, the subdivider shall
provide a storm water easement, drainage right -of -way or park
dedication, whichever the City may deem more appropriate. This
easement, right -of -way or dedication shall conform substantially
with the lines of such water courses, together with such further
width or construction, or both, as will be adequate for the storm
water drainage of the area. The City Engineer shall determine the
width of such easements, etc.
rainaL-e Easements.
1. Where topography or other conditions are such as to make
impractical the inclusion of drainage facilities within road
rights -of -way, the subdivider shall provide perpetual,
unobstructed easements at least 20 feet in width for drainage
facilities across property outside the road lines and with
satisfactory access to the road. Easements shall be indicated
on the plat. Drainage easements shall extend from the road to
a natural watercourse or to other drainage facilities.
Section 945 (Design Standards) Page 10
June 23, 2011
2. When a proposed drainage system will carry water across
private land outside the subdivision, appropriate drainage
rights must be secured and indicated on the plat.
3. The subdivider shall dedicate by a drainage easement, land on
each side of the centerline of any wetland, body of water,
watercourse or drainage channel, whether or not shown on the
City's Comprehensive Plan, to a sufficient width to 1) provide
proper protection for water quality, 2) provide retention of
storm water runoff and 3) provide for the installation and
maintenance of storm sewers.
945.050 - Sewer and Water Facilities.
Subd.1. General Requirements.
A. The subdivider shall install adequate sewer and water facilities
subject to the specifications in the City's Engineering Design
Standards.
B. Within the municipal urban service boundary, the subdivider shall
install sewer and water mains and service connections, which are
stubbed to the property line, to serve all lots in the subdivision.
The City Council, in its discretion, may waive this requirement
upon a showing that to require the installation of sewer and /or
water mains within the subdivision would not be feasible with
regard to the extension of existing trunk mains to service the
subdivision or that particular locations or unusual circumstances
of the proposed plat would cause undue hardship to either the
owner or subdivider or the City.
Within the municipal urban service boundary, the subdivider shall
extend sewer and water lines to the lot lines of abutting sites
within the urban service area that do not have public water
service.
D. In the rural areas, well and septic systems shall be installed in
accordance with City and State requirements.
945.060 - Other Utilities.
Subd. 1. Location. All utility facilities, including but not limited to telephone,
when existing on public roads and right -of -way, they shall be removed
and placed underground. Underground service connections to the
street property line of each platted lot shall be installed at the
subdivider's expense. At the discretion of the City, the requirement
for service connections to each lot may be waived in the case of
adjoining lots to be retained in single ownership and intended to be
developed for the same primary use.
Subd. 2. Easements. Utility easements shall be required within the perimeter
of each lot, measured from the lot lines. Such easements shall be at
least 10 feet wide. Such easements shall have continuity for
alignment from block to block. Such easements shall also be provided
at deflection points for pole -line anchors where necessary.
Subd. 3. Dedication. Easements shall be dedicated on the plat instrument for
the required use.
Section 945 (Design Standards) Page 12
June 23, 2011
SECTION 950 - EROSION CONTROL
950.010 - Erosion Control Plan.
Prior to commencing any earth disturbing activity in a subdivision, the subdivider
shall submit an erosion control plan for approval by the City Engineer. The plan
shall be approved if it complies with the City's Zoning Ordinance and Erosion
Control Ordinance and the requirements contained herein.
950.020 - Erosion Control Measures.
Subd. 1. All development must comply with the City Erosion Control
Ordinance. The following erosion control measures are required for
an erosion control plan:
A. The developer must provide the City Engineer with both a
temporary and permanent erosion control plan which shall be
suited to the topography and soils so as to create the least erosion
potential. Acceptable temporary and permanent erosion control
plans shall include, but not be limited to, the following elements:
1. A site map with existing and final grades. These grades shall
include dividing lines and direction of flow for all pre and post
construction storm water runoff drainage areas located within
the project limits. The site map must also include impervious
surfaces and soil types.
2. Locations of all critical areas, and areas delineated for non -
disturbance.
3. Locations of areas where construction will be phased to
minimize duration of exposed soil areas.
Locations and types of all temporary and permanent erosion
and sediment control Best Management Practices (BMPs).
Standard plates and /or specification for the BMPs used on the
project must be included in the final plans and specifications
for the project.
S. Locations and type of sediment control treatment for all
stockpiles located on the project.
6. Plans and specifications for temporary seeding and mulching
any exposed soils during construction.
Section 950 (Erosion Control) Page 1
June 23, 2011
7. Plans and specifications for final vegetation establishment,
including where appropriate utilizing a long term vegetation
management plan for controlling noxious weeds.
8. All plans shall include maintenance requirements and who will
be responsible for such maintenance requirements.
B. The land shall be developed in increments of workable size on
which adequate controls of erosion and siltation can be provided
and maintained during the construction period. Grading
operations and other land disturbing operations shall be staged so
that the area being developed is not exposed for long periods of
time without stabilization. Developments are encouraged to plan
and implement appropriate construction phasing, vegetative
buffer strips, horizontal slope grading, and other construction land
management practices that minimize erosion.
C. Temporary vegetation and /or mulching shall be used to protect
the areas exposed during the development. These areas shall be
seeded, mulched and stabilized with erosion control netting or
blanket acceptable to the City Engineer.
D. Soil shall be exposed for the shortest feasible period of time.
Unless the areas are discharging to a special water, or 303 (d)
listed water, the following restraints for soil exposure shall apply.
Type of Slope
Time of Exposure without being actively
worked
Steeper than
3:1
7 days
10:1 to 3:1
14days
Flatter than
10:1
21 days
ere the `topsoil is removed, sufficient topsoil shall be set aside
for respreading over the developed area. Topsoil shall be restored
or provided to a depth of 4- inches or to a depth directed by the
City Engineer and shall be of a quality at least equal to the soil
quality prior to development.
F. Natural vegetation shall be protected whenever practical. All
areas of natural vegetation that are to be protected shall be
identified prior to any construction activity commencing.
Section 950 (Erosion Control) Page 2
June 23, 2011
G. Sediment basins (debris basins, desilting basins, or silt traps) shall
be installed and maintained to remove sediment from runoff
waters from the land undergoing development. Storm sewer
inlets shall be provided with debris guards and microsilt basins to
trap sediment and avoid possible damage from blockage. The silt
shall be removed when necessary. If sediment /siltation measures
taken are not adequate and result in downstream sediment, the
subdivider shall be responsible for cleaning out or dredging
downstream storm sewers and ponds as necessary. During
construction activity, all curb and gutter openings, manholes, and
catch basins shall be temporarily protected with some type of inlet
protection as approved by the City Engineer.
H. Before grading is commenced, all control measures as shown on
the approved plan shi
disturbed must be del
fences, ) on the
I. Before grading is commence(
example shall be provided to
talled. Also, any areas not to be
(e.g. with flags, stakes, signs, silt
ment site before the work begins.
a schedule such as the below listed
he City Engineer.
Activity
Date
Install perimeter protection devices
Install vegetation and non - disturbance
protection
Install erosion control practices
Start Clearing and Grubbing
Start grading
Installation of Temporary Stabilization
Practices
Installation of Permanent Stabilization
Practices
J. Erosion control practices shall comply with the Minnesota
Pollution Control Agency's Best Management Practices and all
applicable NPDES Phase II construction site permit requirements.
K. The subdivider shall be responsible for cleaning all streets in the
subdivision and adjacent to the subdivision from silt and dirt from
the subdivision. Vehicle tracking of sediment form the
construction site must be minimized by appropriate BMPs, and
street sweeping must be used if the BMPs are not adequate to
prevent sediment from being tracked onto the street.
Section 950 (Erosion Control) Page 3
June 23, 2011
Subd
L. Maintenance standards and requirements shall include, but not be
limited to, the following:
1. Inspection for effectiveness of all erosion and sediment control
BMPs will occur on a schedule determined by the City
Engineer. This inspection could occur as frequent as weekly or
after each 1/" rain event, if determined to be appropriate by the
City Engineer.
2. Accumulated sediment will be removed from all sediment
control devices after they reach one -third their capacity.
3. All sediment that moves
shall be removed at the i
4. All sediment that moves
cleaned up as soon as po
next day.
S. Temporary gravel acces s
construction in workine
6. All erosion control pra
disturbed areas they p
established. Upon per_
temporary practices sl
off site due to construction activities
!nd of each workday.
off site due to storm events will be
ssible, but at least by the end of the
drives will be maintained throughout
condition.
Ices will be maintained until the
tect are permanently stabilized and
inent stabilization establishment, the
I be removed.
A. A financial guarantee in the form of a performance bond, non -
interest bearing cash escrow or letter of credit satisfactory to the
City in an amount determined adequate by the City to guarantee
compliance with erosion control measures shall be furnished
before work is commenced. The financial guarantee shall remain
in place until all the subdivider's obligations under the erosion
control plan have been satisfied.
B. If the City draws upon the financial guarantee, the subdivider shall
within 10 days of the draw, deposit with the City additional
security of the same type and amount that the City has drawn. No
further inspections will be conducted, no new building permits
will be issued, and all work shall stop within the development until
the cash deposit for erosion control is restored to the pre -draw
balance.
Section 950 (Erosion Control) Page 4
June 23, 2011
Subd. 3. Street Cleaning. Prior to commencement of grading, the subdivider
shall enter into a contract with an unrelated third party to scrape and
sweep the streets in the subdivision and on abutting streets from soil
and silt deposited on the streets. At a minimum, scraping and
sweeping shall take place on a weekly basis. The City shall be
furnished a copy of the contract. The contract shall provide that the
contract cannot be canceled without at least 30 days advance written
notice to the City. The contract shall further provide that the City may
order cleaning of the streets and that the subdivider shall pay the cost.
If the subdivider fails to do so, the City may draw on the subdivider's
financial guarantee with the City and use it to provide payment for the
cleaning.
Subd.4. Enforcement.
A. The City may issue a stop work order halting all development
work and building construction for noncompliance with the
erosion control plan.
B. The City will conduct site inspections for compliance with
appropriate erosion control measures, and any related issues
regarding non - compliance will be addressed as appropriate.
C. The City may draw down the posted financial guarantee and
perform any work necessary to achieve compliance with the
erosion control plan. The City will endeavor to give the subdivider
advance notice of such action. The issuing authority may act
against the appropriate security if there exists any of the
conditions below. The issuing authority shall use funds from the
appropriate security to finance remedial work undertaken by the
City or a private contractor under contract to the City, and to
reimburse the City for all direct costs incurred in the process of
remedial work including, but no limited to, staff time, attorneys,
and inspection fees. Reasons for drawing down the posted
financial guarantee may be, but are not limited to, the following:
1. The permittee ceases land disturbing activities and /or filling
and abandons the work site prior to the completion of the
grading plan.
2. The permittee fails to conform to the temporary or permanent
erosion control plan as approved or as modified and has
his /her permit revoked.
3. The techniques utilized under the temporary or permanent
erosion control plan fail within one year of installation, or
Section 950 (Erosion Control) Page 5
June 23, 2011
before a final plan is implemented for the site or portions of
the site, whichever is later.
............................The issuing authority determines that action by the City is
necessary to prevent excessive erosion from occurring on the site.
Section 950 (Erosion Control) Page 6
June 23, 2011
SECTION 955 - PARK DEDICATION
955.010 - Statutory Authorization, Findings of Fact and Statement of Purpose
Subd. 1. Statutory Authorization. Minnesota Statutes Section
462.358.Subd.2b provides that municipal subdivision regulations may require that a
reasonable portion of any proposed subdivision be dedicated to the public or
preserved for conservation purposes or for public use as parks, playgrounds, trails,
wetlands, or open space, and that the municipality may alternatively accept an
equivalent amount in cash based upon the undeveloped land value.
Subd. 2. Findings of Fact. The City Council finds that:
A. The preservation and development of parks, playgrounds, trails
and open space areas within the City are essential to maintaining a
healthy and desirable environment for residents and persons
employed within the City. The presence of parks, trails and open
space amenities also enhances the value and attractiveness of
residential and commercial /industrial developments to
landowners, developers, purchasers, employers, and employees.
The City must not only provide for its present citizens, but it must
also provide for the future.
B. New developments place a burden upon the City's parks and open
space system. New facilities must be developed concurrently with
development in order to provide the desired level of service and
the quality of the environment for all. Therefore, new
developments shall be required to contribute toward the City's
park system in rough proportion to the relative burden they will
place upon the park system.
C. The City Council recognizes that the need for such parks, trails,
and public open spaces is directly related to the density and
intensity of population and development permitted and allowed in
the City. Urban development results in increased population,
increased intensity of use and greater demands for such public
areas and facilities.
D. Residential development of land will create approximately ninety -
five (95) percent of the need for park and recreational land and
facilities within the City.
E. Commercial /industrial development of land will create
approximately five (5) percent of the need for park and
recreational land and facilities within the City.
Section 955 (Park Dedication) Page 1
June 23, 2011
F. Development of land for schools, religious institutions or other
non - profit organizations may create additional demand on the
City's park and recreational land and facilities. The City may
create partnerships with these organizations that foster
cooperative use of school, non - profit and park properties for
recreational activities.
955.020 - Required Dedication
Subd. 1. Dedication of Land or Cash
A. Pursuant to Minnesota Statutes Section 462.358, Subd. 2b, the City
requires all subdividers as a prerequisite to approval of a final
subdivision plat, land division or development of any land
previously divided by plat, metes or bounds or any other means,
which has not provided park dedication, to convey to the city or
dedicate to the public use for park, playground, open space, or trail
a reasonable, portion of the land being platted, divided, or
developed as hereinafter specified. The portions to be dedicated
will be approved by the City; or in lieu thereof the subdivider shall
at the option of the city pay to the city, for use in the acquisition or
development of public parks, playgrounds, or in debt retirement in
connection with land previously acquired for such public
urposes, an equivalent amount in cash based upon the
ndeveloped land value. Park Dedication is only due in cases
,here additional new parcels are created. Park dedication would
of be due in situations where a replat or lot line adjustment is
squired to modify lot boundaries without creating any additional
B. The form of contribution (cash, land, or any combination thereof)
shall be decided by the City Council based upon need and
conformance with the comprehensive plan.
Subd. 2. Administrative Procedures. The City Council shall establish such
administrative procedures as they may deem necessary and required
to implement the provisions of this chapter.
Subd. 3. Parks and Trails Commission Recommendation.
A. The Parks and Trails Commission shall, in each case, recommend
to the City Council the total area and location of such land that the
Parks and Trails Commission feels should be so conveyed or
dedicated within the development for the above public purposes.
Section 955 (Park Dedication) Page 2
June 23, 2011
These recommendations shall be based on the recommendations
included in the City parks and trails plan.
B. The Parks and Trails Commission shall, prior to the time that the
Planning Commission completes its public hearings on the
preliminary plat, review the preliminary plat and recommend to
the Planning Commission the total area and location of the land
the Park and Trails Commission determines should be dedicated
for park use. The Parks and Trails Commission shall present these
recommendations to the Planning Commission and City Council.
In those instances where the Parks and Trails Commission
concludes that a cash equivalency payment should be made by the
applicant or owner in lieu of dedication of land, the Parks and
Recreation Commission shall recommend to the Planning
Commission the percentage of the total park dedication
requirement to be paid to the City in cash. In the event that review
at a regular meeting of the Parks and Trails Commission would
result in a delay in the review and approval process so that the
time limitations of Minnesota Statutes Section 462.358 may not be
met, the requirement of review by the Parks and Trails
Commission may be waived by either the applicant or by the City
Council at the time of its review of the application.
Subd. 4. Standards for Determination.
A. The Parks and Trails Commission shall develop and recommend to
the City Council for adoption standards and guidelines for
determining which portion of each such development should
reasonably be required to be conveyed or dedicated. Such
standards and guidelines may take into consideration the zoning
classification to be assigned to the land to be developed, the
particular use proposed for such land, amenities to be provided,
and factors of density and site development as proposed by the
subdivider. The Parks and Trails Commission shall further
recommend changes and amendments from time to time to such
standards and guidelines to reflect changes in the usage of land
which may occur, changes in zoning classification and concepts
and changes in planning and development concepts that relate to
the development and usages to which land may be put.
B. The Parks and Trails Commission shall develop and recommend
standards for design and construction of public parks, trails, and
open space areas in the city. These standards shall be included in
the parks and trails plan.
Section 955 (Park Dedication) Page 3
June 23, 2011
Subd. S. Dedicated Land Requirements. Any land to be dedicated as a
requirement of this chapter shall be reasonably adapted for the above
public purposes. Factors used in evaluating the adequacy of proposed
dedication areas shall include size, shape, topography, drainage,
geology, tree cover, rare species and other significant wildlife habitats,
access, and location.
Subd. 6. Minimum Area of Dedicated Land. Subdividers shall be required to
dedicate to the city for park, trail, playground, open space and other public purposes
as a minimum that percentage of net land area or equivalent market value in cash as
set out below:
Residential land uses:
Units per
Percentage of land or equivalent market value in cash
acre
Up to 6
10
6 or more
12 %, plus 1% for each additional dwelling unit /acre
over 6 dwelling units acre*
*For purposes of part
number. For examplE
14% park dedication.
A. In no event shall the
Der residential unit.
I!
C. Comme
require
value in
paymen
n, density shall be rounded down to nearest whole
�ment at 8.5 units per acre would be required to pay
land payment exceed $6,000
Council shall review the maximum cash in lieu of land
at least every 2 years, to ensure that it remains consistent
and trail system development costs.
ial and industrial land uses: Dedication
nt is five percent (5 %) of land or equivalent market
,sh. In no event shall the cash in lieu of land
xceed $4,500 per acre of land proposed for development.
D. Schools, religious institutions and other non - profit organizations:
Dedication requirement shall be determined by the City Council
based on discussion with the School District or non - profit
agency. Recommendations will be based on anticipated use of
City park facilities by the school or organization, and shall
consider agreements for cooperative use of school
recreational facilities.
E. Determination of Fair Market Value. To determine the fair
market value of the undeveloped land, the Developer shall
submit an appraisal at the time of preliminary plat application.
Section 955 (Park Dedication)
June 23, 2011
Page 4
The city will then obtain a review appraisal as a validation of the
Developer's appraisal. If staff and the Developer are unable to
agree on fair market value, the City Council will make the
determination of fair market value.
F. Lands Designated On Official Map or Comprehensive Land Use
Plan. Where a proposed park, playground, trail or open
space area indicated in the city park and trail plan or
comprehensive plan is located in whole or in part within a
proposed subdivision, all or part of the proposed public site
shall be designated as such and should be dedicated to the
city, based on the area of land dedication required by this ordinance.
G. Deviation from Required Dedication. The dedication
requirements based on the development's proportional share of the
City park system are presumptively appropriate.
H. Wetlands and Ponding Areas. Existing; wetlands drainage ways
accepted by the city shall not be considered in the parkland and /or
cash contribution to the city.
Subd. 7. Land Dedication /Payment of Fees
A. sand Dedication. When land is to be dedicated to satisfy the park
dedication requirement, separate lots or outlots shall be indicated
on the plat drawings for the area(s) to be dedicated. Permanent
trail easements may be allowed for dedication of trail corridors
shown on the Parks and Trails Plan. Such lots, outlots or
easements shall be deeded to the City prior to the issuance of any
building permits within the plat. The developer shall be
responsible for finished grading, ground cover and construction of
trails in all lands to be dedicated to the City. No credit toward the
required dedication shall be given for this work, except that credit
for the land; area within trail easements for trails included in the
d trail plan will be given.
B. Cash fee. When a cash fee is to be paid in lieu of land dedication,
the payment of such fee shall be required as follows:
1. For residential developments, the fee shall be paid prior to the
City's release of the signed final plat mylars for recording with
Hennepin County.
2. For commercial and industrial developments the fee shall be
paid prior to issuance of any building permits within the
subdivision.
Section 955 (Park Dedication) Page 5
June 23, 2011
3. Park dedication is required for all newly created lots or
parcels.
4. In plats that include outlots for future development, the
subdivider may pay to the City 1) the development's
proportional share for the entire subdivision, including the
outlots, or 2) the development's proportional share excluding
such outlots, providing that the park dedication requirement
shall be satisfied when such outlots are replatted.
Subd. 8. Credit for Private Parks
A. Standards for Credit. At the City Council's discretion, Park
dedication credit may be given where private parks and facilities are
provided in a proposed subdivision, and such space is to be privately
owned and maintained by the future residents of the subdivision.
Credit maybe considered when the City Council finds itis in the public
interest to do so, and that the following standards are met:
1. Such credit may be given only for park areas within the proposed
subdivision that are designed on the Parks and Trails Map as
Neighborhood Parks.
2. The facilities proposed for the private parks and facilities shall
be in substantial accordance with the provisions of the Parks and
Trails Plan, and approved by the City Council.
3. In no circumstances shall such credit for private facilities
exceed 20 percent of the amount required to be dedicated to
the public under this chapter. The council and Parks
Commission will consider the proportion of neighborhood park
needs provided by the proposed facility, and the proportion of new
neighborhood residents to be served by the facility in determining
the credit to be given for private park facilities.
4. Yards, court areas, setbacks and other open space required to
be maintained by the zoning ordinance shall notbe included in the
computation of such private open space.
S. The private ownership and maintenance of the parks is
adequately provided for by written agreement.
6. The private parks are restricted for park and recreation
purposes by recorded covenants that run with the land in favor of
Section 955 (Park Dedication) Page 6
June 23, 2011
the future owners of property within the subdivision and which
cannot be modified without the written consent of the City Council.
7. The proposed private parks are reasonably adaptable for use
for park or recreation purposes, taking into consideration
such factors as size, shape, topography, geology, drainage,
access, and location of the proposed facilities.
Subd. 9. Park Fund.
(o)
A. Purpose of Park Fund. Cash payments
in a special park fund and used only fo
development of land for parks, trails, p
space; development of existing park an
open space; and debt retirement in con
previously acquired for park purposes.
hall be placed by the City
the acquisition and
iygrounds, public open
i playground sites, public
section with land
Annual Financial Report. Each year, the Parks and Trails
Commission shall present to the council, in such detail as the
council shall require, its estimate of the financial needs of the
Parks and Trails Commission for the ensuing fiscal year.
er donz
revs re
Donations. The Parks and Trails Commission is
receive gifts, devises, bequests, endowments, or
)ns of money and property on behalf of the City. All
Ived shall be deposited in the Park Fund.
11 -05)
Section 955 (Park Dedication) Page 7
June 23, 2011
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left intentionally blank.
Section 955 (Park Dedication) Page 8
June 23, 2011
SECTION 960 - DEVELOPMENT CONTRACT
960.010 - Purpose.
It is the purpose of this section to ensure that a subdivider follows the conditions of
approval and properly installs the basic improvements required in a plat. To that
end, whenever a subdivision includes any public improvements or other conditions
of approval, the subdivider shall enter into a development contract with the City,
setting forth the conditions under which the subdivision is approved.
960.020 - Required Basic Improvements.
Subd. 1. Subdivider Installation of Improvements. The subdivider shall
arrange for installation of all required improvements in the
development subject to the development contract and the
requirements defined in the City of Corcoran Engineering Design
Standards.
Subd. 2. City Installation of Improvements.. The City reserves the right to
elect to install all or any part of the basic improvements required
under the provisions of this section pursuant to Minnesota Statutes,
Chapter 429, as may be amended.
Subd. 3. Basic Improvements Required. All of the following required
improvements to be installed under the provisions of this section shall
be designed and constructed in accordance with the design standards
of this Chapter and the City of Corcoran Engineering Design
Standards, which are adopted herein by reference; and approved by
and subject to the inspection of the City Engineer. All of the City's
expenses incurred as the result of the required improvements shall be
paid to the City by the subdivider.
A. Streets.
B. Sanitary sewer.
C. Watermain.
D. Surface water facilities (pipe, ponds, rain gardens, etc.).
E. Grading and erosion control.
F. Sidewalks /trails.
G. Street lighting.
Section 960 (Development Contract) Page 1
June 23, 2011
H. Street signs and traffic control signs.
I. Landscaping required by Section 1060.070 of the Zoning
Ordinance.
J. Wetland mitigation and buffers.
K. Monuments required by Minnesota Statutes.
L. Miscellaneous facilities.
960.030 - Other Improvements Required.
The subdivider shall arrange for the installation of telephone, CATV, electrical and
natural gas service following the grading of boulevard or utility easements.
960.040 - Completion —0fof Basic Improvements.
Subd. 1. The subdivider shall complete all required basic improvements no
later than one year following the commencement of work on the
improvements, except 1) where weather precludes completion, 2) for
street lighting, 3) for landscaping and 4) for the wearing course of
A. Where weather precludes completion, the improvement(s) may be
completed at the outset of the next construction /growing season.
B. The subdivider shall complete street lighting within 2 years
following the initial commencement of work on the required basic
improvements.
The subdivider shall complete landscaping within one year
following the issuance of a building permit for the last vacant lot
within the subdivision unless weather precludes completion, in
which case the landscaping shall be completed at the outset of the
next growing season.
Subd. 2. Reproducible record plans of all public improvements as required by
960.050 - Financial Guarantees.
Subsequent to execution of the development contract but prior to the release of a
signed final plat mylar for recording, the subdivider shall provide the City with a
financial guarantee in the form of a performance bond, letter of credit from a bank,
cash escrow, or a combination of a performance bond, letter of credit and a cash
deposit with the City. The guarantee shall be in an amount equal to 125 percent of
the estimated cost of completion of the specified basic improvements. The issuer of
the letter of credit or the escrow agent, as applicable, shall be acceptable to the City.
Subd. 1. Letter of Credit. If the subdivider posts a letter of credit as a
guarantee, the credit shall 1) be irrevocable, 2) be from a bank
approved by the City, 3) be in a form approved by the City, 4) be for a
term sufficient to cover the completion, maintenance and warranty
periods identified in this Section and 5) require only that the City
present the credit with a sight draft and an affidavit signed by the City
Administrator or the Administrator's designee attesting to the City's
right to draw funds under the credit.
Subd. 2. Cash Escrow. If the subdivider posts a cash escrow as a guarantee,
the escrow instructions approved by the City shall provide that 1) the
subdivider will have no right to a return of any of the funds except as
provided in Section 960.060, and 2) the escrow agent shall have a
legal duty to deliver the funds to the City whenever the City
Administrator or the Administrator's designee presents an affidavit to
the agent attesting to the City's right to receive funds whether or not
the subdivider protests that right.
Subd. 3. Cash. A cash deposit made with the City may be used as part of the
required financial guarantee in those instances where the subdivider
elects to have the City install some or all of the public improvements.
Subd. 4. Performance Bond. A performance bond shall be conditioned upon
the performance by the operator to complete the work for which the
bond is required. The performance guarantee shall be issued by an
insurance company, bank or other entity approved by the City and
shall be conditioned upon the faithful performance of all terms of the
permit and the law, and shall specify that if the City determines that
the subdivider has failed to faithfully perform or is in default under
any of its obligations, the obligor shall make good and reimburse the
City such funds as are necessary to pay damages incurred by the City
or otherwise meet the obligations of the permit and the law.
Section 960 (Development Contract) Page 3
June 23, 2011
960.060 - Release and Expiration of Financial Guarantees.
Subd. 1. The financial guarantee shall be held by the City until, upon written
notice by the subdivider and certification from a professional
engineer that part or all of the required improvements have been
completed and upon verification of such by the City staff, a portion or
the entire financial guarantee is released by the City Engineer. No
financial guarantee shall be released in full until the City has received
1) certified, reproducible record plans of all required improvements
installed by the subdivider and 2) a title insurance policy approved by
the City Attorney indicating that the improvements are free and clear
of any and all liens and encumbrances.
Subd. 2. It shall be the responsibility of the subdivider to insure that a
submitted financial guarantee shall continue in full force and effect
until the City Engineer has approved and accepted all of the required
improvements, and thereby is authorized to release the guarantee or
reduce the amount of the guarantee as provided in Subd. 1, above.
Subd. 3. When any instrument submitted as a financial guarantee contains
provision for an expiration date, after which the instrument may not
be drawn upon, the status of the
Development Contract or of the required improvements, the
expiration date shall be October 31 or the closest business day in the
case of weekends and legal holidays. Further, the financial guarantee
shall be deemed automatically extended without change for 6 months
from the expiration date unless 60 days prior to the expiration date,
the financial institution notifies the City in writing by certified mail
that it does not elect to renew the financial guarantee for an
additional period. If the instrument is not to be renewed and has not
been released by the City Engineer, another acceptable financial
guarantee in the appropriate amount shall be submitted at least 60
days prior to the expiration. The term of any extension shall be
approved by the City Engineer and subject to the requirements of this
section. Upon receipt of an acceptable substitute financial guarantee,
the City Engineer may release the original guarantee.
960.070 - Performance Guarantee.
Subd. 1. The subdivider shall submit either 1) a performance bond or 2) a letter
A. The required warranty period for materials and workmanship from
the utility contractor installing public sewer and water mains shall
be 2 years from the date of final written City acceptance of the work.
B. The required warranty period for all work relating to street
construction, including concrete curb and gutter, sidewalks and
trails, materials and equipment shall be subject to one year from the
date of final written acceptance, unless the wearing course is placed
during the same construction season as the bituminous base course.
In those instances, the subdivider shall guarantee all work, including
street construction, concrete curb and gutter, sidewalks and trails,
material and equipment for a period of 2 years from the date of final
written City acceptance of the work.
C. The required warranty period for sod, trees, and landscaping is one
growing season following installation.
Section 960 (Development Contract) Page 5
June 23, 2011
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Section 960 (Development Contract) Page 6
June 23, 2011
SECTION 965 - OFFICIAL MAPS
965.010 - Purpose.
Land that is needed for future street purposes and as sites for other necessary
public facilities and services is frequently diverted to non - public uses which could
have been located on other lands without hardship or inconvenience to the owners.
When this happens, public uses of land may be denied or may be obtained only at
prohibitive cost or at the expense of dislocating the owners and occupants of the
land. Identification on an official map of land needed for future public uses permits
both the public and private property owners to adjust their building plans equitably
and conveniently before investments are made which will make such adjustments
difficult to accomplish. It is the purpose of this ordinance to provide a uniform
procedure for the proper use of official maps as authorized by the Minnesota
Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.36.
965.020 - Official Map Defined.
"Official map" as used in this ordinance means a map adopted in accordance with
this ordinance showing existing streets, proposed future streets, and the area
needed for widening of existing streets of the City. An official map may also show
the location of existing and future land and facilities within the City. An official map
may cover the entire City or any portion of the City.
965.030 - Initiation of Proceedings.
Proceedings for adoption, amendment, or repeal of an official map or any part
thereof may be initiated by 1) the City's Planning Division; 2) a recommendation of
the Planning Commission; or 3) action by the City Council.
965.040 - Reference to Planning Commission.
Every proposed official map or change in a map shall be referred to the Planning
Commission for advice and recommendation thereon, and such recommendation
shall be submitted to the City Council within 45 days after reference to the Planning
Commission along with the report of the Commission on the effect of the proposal
on the comprehensive plan of the City. If no recommendation is received by the
Council from the Planning Commission within 45 days after reference of the
proposal to the Commission by the Council, the Council may take such action as it
may deem proper upon the proposal without further action by the Planning
Commission.
Section 965 (Official Maps) Page 1
June 23, 2011
965.050 - Notice Andand Hearing.
Subd. 1. Notice. Upon receiving the recommendation of the Planning
Commission or after 45 days from the submission of the proposal to
the Planning Commission without a recommendation from the
Commission, the Council may call a public hearing on the proposal. A
notice of the time, place, and purpose of the hearing and a description
of property to be included in the mapped streets and public grounds
shall be published in the official newspaper at least 10 days prior to
the date of the hearing. At least 10 days prior to the hearing the Clerk
shall also mail a copy of the notice to each owner of land situated
within or abutting any street or other public ground shown on the
official map. For purposes of this notice the owners shall be
determined by the records of the County Auditor and the notice shall
be addressed to the last known address as shown by the Auditor's
records. Failure to serve any such notice shall not invalidate the
proceedings.
Subd. 2. Hearing. At the tim
shall hear evidence
hearing may be cont
The Council may dir,
and following the he
Council.
965.060 - P
and place specified in the notice, the Council
A arguments concerning the proposal. The
wed from time to time without further notice.
A the Planning Commission to conduct a hearing
to retort its recommendation to the
f Maps.
cial map or maps shall be prepared in sufficient detail to permit the
hment of future acquisition lines on the ground. In unplatted areas a
minimum of a centerline survey shall be made prior to the preparation of the final
draft of the official map. A licensed land surveyor shall attest to the accuracy of the
future acquisition lines shown on the official map. After enactment of any ordinance
adopting an official map or amending or repealing a previous official map ordinance,
a certified copy of the official map or section to which the ordinance relates together
with an attached copy of the ordinance shall be filed with the County Recorder.
965.070 - Effect.
After an official map has been adopted and filed, the issuance of building permits by
the City shall be subject to the provisions of this ordinance. The City shall deny
every application for a permit to construct a new building or structure or expand an
existing building or structure within any area designated on the official map for
street or other public purposes. Whenever any street or highway is widened or
improved or any new street is opened, or any interest in lands for other public
Section 965 (Official Maps) Page 2
June 23, 2011
purposes is acquired by the City, the City is not required in such proceedings to pay
for any building or structure placed without a permit or in violation of conditions of
a permit within the limits of the mapped street or outside of any building line that
may have been established upon the existing street or within any area thus
identified for public purposes. The adoption of an official map does not give the City
any right, title, or interest in areas identified for public purposes thereon, but the
adoption of the map does authorize the
City to acquire such interest without paying compensation for buildings or
structures erected in such areas without a permit or in violation of the conditions of
a permit.
965.080 - Appeals.
Whenever a building permit is denied pursuant to this ordinance, the Board of
Appeals and Adjustments shall, upon appeal filed with it by the owner of the land,
grant a permit for building in an area designated on the official map for a street or
other public purpose in any case in which the Board finds, upon the evidence and
the arguments presented to it, (a) that the entire property of the appellant of which
the area designated for public purposes forms a part cannot yield a reasonable use
to the owner unless such a permit is granted, or (b) that balancing the interest of the
City in preserving the integrity of the official map and of the comprehensive City
plan and the interest of the property owner in the use of his property and in the
benefits of ownership, the grant of such permit is required by considerations of
justice and equity. The Board of Appeals and Adjustments shall hold a public hearing
upon the appeal after notice of the hearing has been published in the official
newspaper once at least 10 days before the hearing. If the Board authorizes the
issuance of a permit, it shall specify the exact location, ground area, height, and
other details as to the extent and character of the building for which the permit is
granted. If the Board authorizes issuance of a permit, the Council or other Board or
Commission having jurisdiction shall have 6 months from the date of the decision of
the Board to institute proceedings to acquire such land or interest therein, and if no
such proceedings are started within that time, the City shall issue the permit if the
application otherwise conforms to local ordinances.
Section 965 (Official Maps) Page 3
June 23, 2011
This page left intentionally blank.
Section 965 (Official Maps) Page 4
June 23, 2011
SECTION 970 - ADMINISTRATION - VARIANCES
970.010 - Purpose.
The purpose of this section is to provide for variations from the literal provisions of
this Chapter in instances where strict enforcement would cause
because of conditions affecting the individual property under
consideration, and to grant such variances only when it is demonstrated that such
actions would be in keeping with the spirit and intent of this Chapter.
970.020 - Board of Adjustments and Appeals.
The City Council shall be designated to act as the Board of Adjustments and Appeals.
References to the "Council" hereafter in this section shall mean the City Council
acting in its capacity as the Board of Adjustment and Appeals.
970.030 - Review Criteria.
The Council shall not approve a v
variance will result in
a
the
a have been met:
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 .
That the granting of the variation will not
Section 970 (Administration - Variances) Page 1
June 23, 2011
970.040 - Procedures.
An application for a variance shall be approved or denied pursuant to Minnesota
Statutes Additional City requirements' are as follows:
Subd.1. Processing.
A. Requests for a variance to the provisions of this Chapter shall be
filed with the Zoning Administrator on an official application form.
Such variance application shall be considered simultaneously with
an application for subdivision approval. A fee as set forth by the
City Code shall accompany such application. This fee shall not be
refunded. The variance application shall be considered officially
complete when the applicant has complied with all the specified
informational requirements, which shall include the following:
1. A written description of the request for the variance, including
an explanation of compliance with the variance criteria set
forth in this section; and
2. Supporting materials`' such as site plans, as determined by the
Zoning Administrator, as necessary for the complete and clear
definition and understanding of the request.
3. The applicant shall sign the application. If the fee owner of the
property is not the applicant, the applicant shall provide
written authorization by the fee owner as part of the
application.
B. 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 schedule for consideration by the Planning
Commission. At least 10 days before the date of the Planning
Commission meeting, a written notice of the request shall be
mailed to all owners of property located within 350 feet of the
boundaries of the property which is the subject of the application.
Section 970 (Administration - Variances) Page 2
June 23, 2011
C. Failure of a property owner to receive notice shall not invalidate
any such proceedings as set forth within this Chapter.
D. 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.
E. The applicant or a representative thereof may appear before the
Planning Commission in order to present and answer questions
concerning the proposed request.
F. The Planning Commission shall make a finding 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.
G. The Council shall not act upon the request until they have received
a report and recommendation from the Planning Commission and
the City staff.
H. Upon receiving the report and recommendation of the Planning
Commission and the City staff, the City Administrator shall
schedule the application for consideration by the Council. Such
reports and recommendations shall be entered in and made part
of the permanent written record of the Council meeting.
1. Upon receiving the report and recommendation of the Planning
Commission and the City staff, the 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.
J. If, upon receiving said reports and recommendations of the
Planning Commission and City staff, the Council finds that specific
inconsistencies exist in the review process and thus the final
determination of the Council will differ from that of the Planning
Commission, the Council may, before taking final action, refer the
matter back to the Planning Commission for further consideration.
The Council shall provide the Planning Commission with a written
statement detailing the specific reasons for referral. This
procedure shall be followed only one time on a singular action.
Section 970 (Administration - Variances) Page 3
June 23, 2011
K. Approval of a request shall require passage by a majority vote of
the entire Council.
L. When granting a variance, the Council may impose conditions it
deems necessary to protect the health, safety and general welfare,
and to meet the objectives of the provision to which the variance is
granted.
M. In all cases where a variance is granted, the Council shall require
such evidence and guarantees as it deems necessary to insure
compliance with the conditions designated in connection
therewith.
N. The Zoning Administrator shall serve a copy of the final order of
the Council upon the applicant by mail.
0. Whenever an application for a variance has been considered and
denied by the Council, a similar application for a variance affecting
substantially the same property shall not be considered again by
the Planning Commission or Council for at least 6 months from the
date of its denial.
970.050 - A
Any person or per
aggrieved by any d
, ana pi
to time
970.060-
Ruling'.
any private or public board, or taxpayer of the City
:)n of the Council shall have the right to seek review of the
of record in the manner provided by the laws of the State of
Y Minnesota Statutes, Chapter 462, as such statutes may
ded supplemented or replaced.
A variance approved under this section shall expire without further action by the
Planning Commission or the Council, at such time as the related subdivision
approval expires.
Section 970 (Administration - Variances) Page 4
June 23, 2011
SECTION 975 -ADMINISTRATION -VACATIONS OF RIGHTS -OF -WAY AND
EASEMENTS
975.010 - Procedure.
A request for vacation of a right -of -way or easement shall be filed in writing with
the City Engineer. In the case of a request for vacation of a right -of -way, a
landowner directly abutting such right -of -way shall sign the written request. In the
case of a request for vacation of an easement, a landowner of the property
encumbered by such easement shall sign the written request.
975.020 - Filing.
A written request to vacate a right -of -way or an easement shall be accompanied by
the following:
A. Information, both written and graphic, that describes the reason for, and
location of, the proposed vacation;
B. A fee as set forth in the City Code;
C. For requests involving the vacation of right -of -way, the applicant shall submit
the addresses of all properties directly abutting the right-of-way to be vacated;
and
D. For requests involving the vacation of an easement, the applicant shall submit a
legal description of the area to be vacated.
975.030 - Public Hearing Required.
Subd. 1. Upon receipt of a complete vacation request, the City Engineer shall
set a public hearing following proper notification.
Subd. 2. Notice of said hearing shall be published once in the official
newspaper at least 10 days prior to the hearing, and shall be mailed to
all landowners of property directly abutting the area to be vacated
and to all utility companies serving the area.
Subd. 3. The City Engineer shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation of the action to the City
Council.
Section 975 (Administration - Vacations of Right -of -Way and Easements) Page 1
June 23, 2011
Subd. 4. The City Council shall consider possible adverse effects of the
requested vacation. Its judgment shall be based upon (but not limited
to) the following factors:
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's Comprehensive Plan, including public facilities and
capital improvement plans.
B. The proposed action meets the purpose and intent of this Chapter.
C. The proposed action has been considered in relation to the future
needs of the City, utility companies and surrounding property
owners.
Subd. S. The City Council and City staff shall have the authority to request
additional information from the applicant or to retain expert
testimony with the consent and at the expense of the applicant, said
information to be declared necessary to establish performance
conditions in relation to all pertinent sections of this Chapter.
Subd. 6. The applicant or a representative thereof may appear before the City
Council in order to present information and answer questions
concerning the proposed request.
Subd. 7. Upon receiving the report and recommendation of the City staff, the
City Council shall conduct the hearing, consider the request, and
render its decision. The staff recommendation shall be entered in and
made part of the permanent written record of the City Council
meeting.
Subd. 8. Approval of a right -of -way or easement vacation shall require passage
by a majority vote of the entire City Council.
Subd. 9. Whenever an application for a right -of -way or easement vacation has
been considered and denied by the City Council, a similar application
for a vacation shall not be considered again by the City Council for at
least 6 months from the date of its denial.
Section 975 (Administration - Vacations of Right -of -Way and Easements) Page 2
June 23, 2011
SECTION 980 - ADMINISTRATION - APPEALS
980.010 - Board Designation.
The City Council shall serve as the Board of Adjustments and Appeals. References to
the "Council" hereafter in this section shall mean the City Council acting in its
capacity as the Board of Adjustment and Appeals.
980.020 - 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.
980.030 - 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.
980.040 - Stay of Proceedings.
An appeal stays all proceedings and the furtherance of the action being appealed
unless it is certified to the Council, 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.
0- Proced
The procedure for making such an appeal shall be as follows:
Subd. 1. 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. A fee set forth in the City Code shall accompany said application.
Subd. 2. 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 Council.
Subd. 3. The Council shall make its decision by resolution within 60 days from
the date on which a completed application is filed.
Subd. 4. The Zoning Administrator shall serve a copy of the final order of the
Council upon the petitioner by mail.
Section 980 (Administration - Appeals) Page 1
June 23, 2011
980.060 - Appeals from the City Council.
Any person or persons, any private or public board, or taxpayer of the City
aggrieved by any decision of the Council 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.
Section 980 (Administration - Appeals) Page 2
June 23, 2011
SECTION 985 - ENFORCEMENT AND PENALTIES
985.010 - Administration.
This Chapter shall be administered and enforced by the Zoning Administrator. The
Zoning Administrator's duties shall include, but not be limited to, the following:
Subd. 1
Subd. 2
Subd. 3.
Subd. 4.
Periodically inspect property to determine compliance with the terms
of this Chapter.
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.
Order discontinuance of ille
action authorized by this CE
prevent violation of its prow
Attorney in the prosecution
Maintain permanent and curre
Ordinance.
work being done or take any other
�r'to insure compliance with or to
ns, including cooperation with the City
omplaints.
it records of the Subdivision
Subd. S. Maintain current files of all subdivision approvals and copies of
notices of violations thereto and, upon request, provide complaint and
violation information to any person having a proprietary or tenancy
interest in any specific property.
Subd. 6. Provide clerical and technical assistance to the Planning Commission,
City Council, and Board of Zoning Adjustments and Appeals.
Receive, file and forward as applicable to the Board of Zoning
Adjustments and Appeals, Planning Commission, or City Council all
applications for subdivision as required herein.
985.020 - Enforcement.
If any subdivision, construction, reconstruction, or use occurs in violation of this
Chapter, the Zoning Administrator may, in addition to other remedies, institute any
proper criminal action or proceedings in the name of the City of Corcoran, and
hereby shall have the powers of a police officer to prevent such unlawful
subdivision, construction, reconstruction, or use, to restrain or correct such
violations, to prevent the occupancy of said property, or to prevent any illegal act,
conduct, business or use in or about said premises.
Section 985 (Enforcement and Penalties) Page 1
June 23, 2011
985.030 - Penalties.
Any person who violates a provision of this Chapter is guilty of a misdemeanor and,
upon conviction thereof, shall be fined or penalized not more than the maximum
levels established by the State of Minnesota for misdemeanor offenses.
Section 985 (Enforcement and Penalties) Page 2
June 23, 2011
105 South Fifth Avenue
Suite 513
Minneapolis, MN 55401
TO:
Corcoran Planning Commission
FROM:
Kendra Lindahl, Landform
DATE:
May 23, 2011 for the June 2, 2011 Planning Commission Meeting
RE:
Zoning Ordinance Amendment
Application Request
Agenda Item 6.d.
5
Tel: 612 - 252 -9070
Fax: 612- 252 -9077
www.Iandform.net
The City has been working since April 2010 to prepare the new ordinances required to implement
the 2030 Comprehensive Plan. One of these tools is the Zoning Ordinance. State Statutes require
cities to adopt a Zoning Ordinance that is consistent with the Comprehensive Plan. The 2030
Comprehensive Plan is expected to be adopted in June and this draft Zoning Ordinance creates the
tools needed to implement the Comprehensive Plan as required by law. The existing Zoning
Ordinance should be repealed in its entirety and the new Zoning Ordinance be adopted.
A redlined version of the Zoning Ordinance is attached. A "clean" version, without redlines
and strike - throughs, is available at City Hall.
2. Summary
The Planning Commission should hold the public hearing on the draft Zoning Ordinance and should
be comfortable that the key issues are addressed in these documents, while understanding that in a
document born of compromise, changes will be inevitable. The City should be prepared to conduct
annual updates to the ordinances to ensure that the documents are kept current and provide an
opportunity to address any possible unanticipated consequences of the adopted ordinances.
We believe that the ordinance accurately reflects the discussions at the public meetings over the last
year; however, the Planning Commission may wish to recommend other modifications after hearing
testimony at the Public Hearing.
The Zoning Ordinance includes the following sections:
Section 1010
— Title, Purpose and Intent
Section 1020
- Rules and Definitions
Section 1030
- General Requirements
Section 1040
- District Regulations
Section 1050
- Overlay Districts
Section 1060
- Performance Standards
Section 1070
- Administration, Permits and Procedures
Section 1080
- Enforcement Provisions
Appendix A —
Design Guidelines
Landform'", SensiblyGreen " and Site to Finish'" are service marks of Landform Engineering Company.
3. Analysis
Accessory Buildings (1030)
y
One of the most significant ordinance changes is related to accessory buildings. The City has
proposed 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 City 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) that exceed the size limits 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 a true farm was
onerous. (A conditional use permit is required today).
• 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. The Planning Commission
discussed this item at length at the April meeting and recommended the change. 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.
• 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.
Zoning Ordinance Revisions
June 2, 2011
y
District Regulations (1040)
The new ordinance establishes the following zoning districts and overlay districts:
A. Urban Reserve (UR) District
B. Rural Residential (RR) District
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) District
M. Community Commercial (C -2) District
N. Business Park (BP) District
O. Light Industrial (1 -1) District
P. Downtown Mixed Use (DMU) District
Q. General Mixed Use (GMU) District
R. Planned Unit Development (PUD) District
S. Public /Institutional (PI) District
T. Wetland Overlay District (W)
U. Shoreland Overlay District (S)
V. Floodplain Overlay District (FP)
The UR and RR districts are planned for areas where sewer and water are not available. There are
no changes proposed to the existing building rights for rural Corcoran (the area outside the MUSA).
Within the MUSA (Metropolitan Urban Service Area), the UR zoning district is intended as a holding
zoning until sewer and water are available and development is proposed.
The other residential zoning districts are available for land within the MUSA. The zoning districts
correspond to the land use classifications in the 2030 Comprehensive Plan. These residential
zoning districts are expected to develop at urban densities when municipal sewer and water are
available.
The commercial districts include a number of changes, including a new Light Industrial district.
Two mixed use districts were created for the Mixed Use areas on the Comprehensive Plan —
Downtown Mixed Use and General Mixed Use. The Downtown Mixed Use district was previously an
overlay for the downtown area (at CR 116 and CR 10) on the east side of CR 116, but the new
ordinance makes it a zoning district. The General Mixed Use district is intended to "provide an area
for compact, inter - connected, walkable, mixed -use development along key community corridors and
to support high quality development and site flexibility due to the unique site conditions in these
area ".
Zoning Ordinance Revisions
June 2, 2011
y
There are no changes to the PUD district. The PUD district is intended to encourage creative design
and efficient use of the land by providing design flexibility in exchange for a higher level of design.
The PUD district is not an overlay district, but is a zoning district. Therefore, developers will need to
request a rezoning from the current district to PUD as part of the development proposal. The
development standards for each PUD will be unique based on that particular development.
Setbacks for building and parking
At the April meeting, the Planning Commission unanimously agreed to keep the 100 -foot
setback from arterial roads. The draft language keeps this setback and retains the setback
flexibility through landscaping as outlined in Section 1060.070, Subd. 2. (K and Q. Other
setbacks have generally been reduced to reflect the smaller urban lots.
Overlay Districts (1050)
There are no substantive changes proposed to the Wetland, Shoreland and Floodplain overlay
districts. These standards apply to all districts. The shoreland and floodplain district standards are
typical standards based on the DNR and other State requirements. The only changes to these
sections are minor formatting and typographic corrections.
Performance Standards (1060)
The Building Standards section (1060.050) was completely revised to distinguish between the
design expectations for residential, non - residential and accessory building standards. One of the
most significant changes is that metal roofs would now be allowed on residential and accessory
buildings via a Certificate of Compliance rather than a Conditional Use Permit. Metal; siding would
also be allowed on accessory buildings via a Certificate of Compliance if certain standards are met.
Administration Permits and Procedures (1070)
The variance standards in Section 1070.040 have been revised (like the Subdivision Ordinance) to
reflect changes to State Law. The variance language in the Zoning Ordinance and Subdivision
Ordinance are consistent and have been reviewed by the City Attorney.
A new Certificate of Compliance (Section 1070.065) was created to allow administrative approval of
certain applications, including some accessory buildings. Staff will be developing a simple
application form and recommending that the City Council establish a fee for this permit at the June
23 d meeting. The Certificate of Compliance will simplify the process for Agricultural Buildings.
While these buildings are exempt from building permit, they must comply with all Zoning
Requirements. The current ordinance requires a Conditional Use Permit to exceed the size limits or
construct metal buildings. The new language will simplify the process and staff is aware of several
landowners who are waiting for this change to construct new buildings.
Zoning Ordinance Revisions 4
June 2, 2011
Design Guidelines (Appendix A)
y
Design Guidelines are included in the Zoning Ordinance as Appendix A. The guidelines are
advisory in nature and will be used to guide development within the MUSA boundary. General
guidelines and specific guidelines were developed in 2004 for each of the three urban areas
(Northeast District, Southwest District and Southeast District, including Downtown). We have made
no changes to these guidelines other than some typographic corrections, but staff suggests that the
City review these guidelines next year to ensure that the district boundaries accurately reflect the
changes from the 2030 Comprehensive Plan and that the City's vision is still accurately reflected.
Other issues
Staff has identified these as the key issues in the Zoning Ordinance; however, the Planning
Commission or the public may have other comments.
3. Recommendation
Open the public hearing to take testimony on the draft Zoning Ordinance.
Staff recommends that the Planning Commission recommend approval of the draft resolution
approving the Zoning Ordinance.
Attachments
1. Draft Zoning Ordinance
Zoning Ordinance Revisions
June 2, 2011
City of Corcoran June xx, 2011
County of Hennepin
State of Minnesota
ORDINANCE NO. 2011 -
Motion By:
Seconded By:
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 10 OF THE CORCORAN
CITY CODE, ENTITLED CORCORAN ZONING ORDINANCE
THE CITY COUNCIL OF CORCORAN ORDAINS:
SECTION 1. Amendments. The text of Chapter 10 (Zoning Ordinance) of the Corcoran
City Code is hereby repealed in its entirety and replaced as follows:
SEE ATTACHMENT A
The Zoning Map dated June 23, 2011 is hereby adopted as part of the Zoning
Ordinance.
SECTION 2. Effective Date. This ordinance shall be in full force and effect upon its
passage.
VOTING AYE
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
VOTING NAY
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
Whereupon, said Ordinance is hereby declared adopted on this xxx day of June 2011.
ATTEST:
Jeanie Heinecke — Clerk
Kenneth Guenthner - Mayor
Page 1 of 1
City Seal
Zoning
Ordinance
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 `PHIS ORDINANCE WITH POLICY
RESOLUTIONS WHICH ARE DEEMED PART OF THE ORDINANCE, COPIES OF SUCH POLICIES ARE AVAILABLE AT CITY
HALL.
City of Corcoran
8200 County Road 116
Corcoran, MN 55340
763.420.2288
Adopted
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Table of Contents
SECTION 1010 - TITLE, PURPOSE AND INTENT ..................................................................... ............................... 1
1010.010 -TITLE ............................................................................................................................ ..............................1
1010.020 -
PURPOSE AND INTENT ..................................................................................................... ..............................1
1010.030 - APPLICATION OF THIS ORDINANCE ..................................................................................... ...............................
1
1010.040 -
USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS ............................................................ ..............................2
1010.050 -
RELATIONSHIP TO COMPREHENSIVE PLAN ........................................................ ___ ..........................................
2
1010.060 -
AUTHORITY ................................................................................................................... ..............................2
1010.070 -
SEPARABILITY ......................................................................................._...................... ..............................2
1010.080
- REPEAL OF EXISTING ZONING REGULATIONS ......................................_.._.....!.__................... ..............................3
1010.090
- EFFECTIVE DATE ..............................................................................................._.......... ..............................3
SECTION 1020 - RULES AND DEFINITIONS ........................................................................... ...............................
1
1020.010
- RULES ....................................................................-.................................................. ..............................1
1020.020 -
DEFINITIONS ...................... ............................... ..................... .. ............................... .........'< ..............1
SECTION 1030 - GENERAL REQUIREMENTS ...................... ......... ......... ......... ..................... .......................
1
1030.010 -
NON - CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS ............................................. ...............................
1
1030.020 -
ACCESSORY BUILDINGS, STRUCTURES, USES AND EQUIPMENT ................................................ ..............................4
1030.030 -
MINIMUM RESIDENTIAL BUILDING STANDARDS ................................................................ ...............................
12
1030.040
- TEMPORARY STRUCTURES ............................................................................................ ...............................
12
1030.050 -
RELOCATED STRUCTURES ......................... ......... ......... : ......................................... ...............................
14
1030.060 -
MINING AND SOILS PROCESSING ..................... .' ........... .... .... ___ ................................... ...............................
15
1030.070 -
BULK STORAGE (LIQUID) ......................... .......... ......... ......................................... ...............................
18
1030.080 -
HEIGHT LIMITATIONS ...................................................................................................... .............................18
1030.090 -
ESSENTIAL SERVICES ............................................_........................................................ .............................19
1030.100 -
HOME OCCUPATIONS ................................................................................................... .............................20
SECTION 1040 - DISTRICT REGULATIONS ......................... .................................................. ...............................
1
1040. 010
- ESTABLISHMENT OF DISTRICTS.. .... ......... ........ ......................................................... ..............................1
1040.020-URBAN
RESERVE DISTRICT (UR).. .. ......... ..................................................................... ..............................4
1040.030-
RURAL RESIDENTIAL DISTRICT (RR) ......... .................................................................. ...............................
15
1040.040 - RSF -1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT ...................................................... .............................22
1040.045'-
RSF -2 (SINGLE FAMILY RESIDENTIAL) DISTRICT .................................................................. .............................29
1040.050
- RSF-3 (SINGLE AND Two-FAMILY) DISTRICT ..................................................................... .............................35
1040.060
- RMF-1 (MEDIUM DENSITY RESIDENTIAL) DISTRICT ............................................................ .............................39
1040.065-
RMF -2 (MIXED RESIDENTIAL) DISTRICT .......................................................................... .............................45
1040.070
- RMF -3 (HIGH DENSITY RESIDENTIAL) DISTRICT ................................................................. .............................49
1040.080
-MP (MANUFACTURED HOME PARK) ............................................................................... .............................56
1040.090
-CR (RURAL COMMERCIAL) ............................................................................................. .............................63
1040.095
-TCR (TRANSITIONAL RURAL COMMERCIAL) ....................................................................... .............................71
1040.100
-C -1 (NEIGHBORHOOD COMMERCIAL) .............................................................................. .............................74
1040.110
-C -2 (COMMUNITY COMMERCIAL) ................................................................................... .............................82
1040.120-
BP (BUSINESS PARK) .................................................................................................... .............................89
1040.125
- 1 -1(LIGHT INDUSTRIAL) ............................................................................................... ...............................
95
1040.130
- DOWNTOWN MIXED USE (DMU) DISTRICT ...................................... ............................... ............................101
1040.135
- GENERAL MIXED USE (GMU) DISTRICT ............................................ ............................... ............................110
1040.140
-PUD (PLANNED UNIT DEVELOPMENT) ............................................. ............................... ............................118
1040.140
-PI (PUBLIC /INSTITUTIONAL) ........................................................... ............................... ............................126
Table of Contents Page 1
June 23, 2011
4X01111 Is] L1a11 1=6194:1w_lvm11F-11.114 mi
1050.010 - WETLAND OVERLAY DISTRICT .......................................................................................... ............................... 1
1050.020 - SHORELAND OVERLAY DISTRICT ..................................................................................... ...............................
13
1050.030 - FLOOD PLAIN OVERLAY DISTRICT ..................................................................................... .............................30
SECTION 1060 - PERFORMANCE STANDARDS ....................................................................... ............................... 1
1060.010 - EXTERIOR STORAGE ........................................................................................................ ..............................1
1060.020 — REFUSE ....................................................................................................................... ..............................2
1060.030 - SCREENING ................................................................................................................... ..............................3
1060.040 - LIGHTING ...................................................................................................................... ..............................4
1060.050 - BUILDING STANDARDS .................................................................................................... ..............................5
1060.060 - PARKING AND LOADING ................................................................................................... ..............................9
1060.070 — LANDSCAPING ............................................................................................................ ...............................
20
1060.080 - FENCES AND WALLS ....................................................................................................... .............................23
1060.090 - GENERAL PERFORMANCE STANDARDS ............. ............................... ......... .......r. €...... .............................25
1060.100 -TELECOMMUNICATIONS SERVICES .............................................................................,<.,_ _..............................
26
SECTION 1070 —ADMINISTRATION, PERMITS AND PROCEDURES .... ............................... ........ ........................
1
1070.010 - ZONING AMENDMENTS (TEXT AND MAP) .......................................................................... ..............................1
1070.020 - CONDITIONAL USE PERMITS ............................................................................................ ..............................3
1070.030- INTERIM USES ........................................................................._................................... ..............................8
1070.040 - VARIANCES .................................................................................._.............................. ..............................9
1070.050 —SITE PLAN ........................................... ___ ................................ .............................. .............................14
1070.060 - ADMINISTRATIVE PERMITS AND APPROVALS ......... ..................... ........ ................... .............................24
1070.065 -CERTIFICATE OF COMPLIANCE .................. ......... ...................... ........! ................... .............................27
1070.070 - DEVELOPMENT RIGHTS MAP .......................................................................................... .............................29
1070.080 — FEES .............. ......... .............. ............................... ......... ............................... .............................30
1070.090 — APPEALS ......... ...... .. _ _ ....... ............................... ......... ............................... .............................30
SECTION 1080 - ENFORCEMENT PROVISIONS ....................................................................... ............................... 1
APPENDIX A - DESIGN GUIDELINES .........' ........................................................................ ...............................
1
RECOMMENDATIONS FOR OVERALL DESIGN STANDARDS ........................................................................ ...............................
1
GENERAL DESIGN GUIDELINES ............................................................................................................ ..............................2
SOUTHWEST DISTRICT DESIGN GUIDELINES ........................................................................................... ..............................9
NORTHEAST DISTRICT DESIGN GUIDELINES .......................................................................................... .............................11
SOUTHEAST DISTRICT DESIGN GUIDELINES ........................................................................................... .............................14
THE DOWNTOWN ILLUSTRATIVE PLAN AND DESIGN GUIDELINES .............................................................. .............................20
Table of Contents Page 2
June 23, 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.
Protecting the public health, safety, morals, comfort, convenience and general
welfare.
Facilitating adequate provisions for transportation, water, sewage, schools,
..........
parks, and other public requirements.
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.
Providing convenient retail sales and service centers for residents.
..: Facilitating continuation of commercial agriculture within the City.
.........Minimizing conflicts between land used for agricultural production and land
demanded for development.
Conserving natural resources and maintaining a high standard of
environmental quality.
Conserving the natural, scenic beauty, rural character, and attractiveness of
the Corcoran countryside.
Providing for the administration of this Ordinance.
Defining the powers and duties of the administrative officers and bodies.
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,
safetv 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,
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. S. 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:
1. 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.
2. 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.
Section 1010 (Title, Purpose and Intent) Page 2
June 23, 2011
1010.080 - Repeal of Existing Zoning Regulations
1010.090 - Effective Date
Section 1010 (Title, Purpose and Intent) Page 3
June 23, 2011
SECTION 1020 - RULES AND DEFINITIONS
1020.010 - Rules
The language set forth in the text o[ this Ordinance shall be interpreted in accordance with
the following rules of construction:
A. The singular number includes the plural and the plural the singular.
B. The present tense includes the past and future tenses.
C. The words "nha11"and "nunt. are mandatory, and the words "nay" and "nhou1d"are
permissive.
D. The masculine gender includes the feminine and neuter genders.
E. Whenever d or term is defined d appears in the text of this Ordinance, itn
meaning shall be construed as set forth in such definition.
F. All measured distances expressed in feet shall bein the nearest o[afoot.
G. ln event o[conflicting provisions, the more restrictive provisions shall apply.
U. For terminology not defined in this Ordinance, the City Code, the Minnesota State
Building Code, or the VVebnter'n Dictionary h to define such terms.
l. ln the event o[a conflict between text and graphics, the text shall apply.
1020.020 - Definitions
ACCESSORY BUILDING: A subordinate buil
located on the same lot or parcel an the cnai
incidental to that of the main building or to
ACCESSORY USE OR STRUCTURE: A use or
on of the main building which is
the use of which is clearly
use of the premises.
on the same lot with, and ofanature
customarily incidental and subordinate to, the principal use orstructure.
ACREAGE the land area, based on the predeve1opnlent
conditions the site. Existing public streets are deducted from the predeve1opnlentland
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 onthe
predeve|opnlent conditions o[ the site. Existing public streets are deducted from the
predeve1opcnent land marea.
AGRICULTURAL USE:
AGRICULTURAL BUILDING: An accessory buildi a located on residentiq]
Section lU2U (Rules and Definitions) Page
June 28,2Ull
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 building must be located on a minimum of 10 contiguous acres' used for
agricultural purposes.
ALLEY: A public right -of -way which provides a secondary means of access to abutting
property.
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 HEIGHT: The v(
to the top of the cornice of
roof directly above the higi
other arch type roof, to the
BUILDING INSPECTOR OR
by the Corcoran City Council.
al distance to be measured from the grade of a building line
t roof, to the deck line of a mansard roof, to a point on the
ill of a shed roof, to the upper most point on a round or
distance of the highest gable on a pitched or hip roof.
ILDING OFFICIAL: Individual so designated and authorized
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 1/z 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.
Section 1020 (Rules and Definitions) Page 2
June 23, 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. facilities include, e, ut are not to: family
.......:
homes, group family homes, 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.
Section 1020 (Rules and Definitions) Page 3
June 23, 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, ET PERT v 4SENIOI1 AGE RESTRICTED; i r�): Multiple family dwelling
designed for and occupied primarily by persons over 55 years of age, and which may
include on -site recreational, social or health care services for the benefit of the residents.
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.
Section 1020 (Rules and Definitions) Page 4
June 23, 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 su
industrial minerals, other non - metallic m
Statutes, Section 93.44 to 93.51.
FAMILY: An individual or a group of two or
ce removal of sand, gravel, rock,
not regulated under Minnesota
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:
1. Certain conditions as detailed in the zoning ordinance exist.
Section 1020 (Rules and Definitions) Page 5
June 23, 2011
2. 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.
Section 1020 (Rules and Definitions) Page 6
June 23, 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
ve 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:
Section 1020 (Rules and Definitions) Page 7
June 23, 2011
l. Any project for improvement ofa structure tocorrect 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.
2. Any alteration ofan "historic ntructure,"provided that the alteration will not
preclude the structure's continued designation anan "historic ntructure." For
the purpose of this Ordinance, "historic structure" shall be as defined in Code
[ Federal O 1d 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 toa | for dl alleviating pracdca1
difficulty or unique circumstance as defined upon ina community's
respective planning and zoning enabling
FLOOR AREA: The sum o[ the gross horizontal areas of the several floors o[ the building
measured from the exterior faces of the exterior walls or from the centerline of walls
separating two buildings. The floor area o[a building shall include basement floor area,
penthouses, attic space having headroom o[ seven feet or more, interior balconies and
mezzanines, enclosed porches uses. However,
any space devoted to mechanical equipment, elevator shafts, parking orloading
shall not be included in floor area for the DUrDoses Of Darkine calculations.
9OD/ATk: An accessory building or accessory portion o[ the principal building
which in intended for and used to store the private passenger vehicles o[ the family or
families who reside upon the premises.
ua/tuu are
sold to torn
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 oDerat LLULU.S. federal crovernment State
-es of
of Minnesota Metr Rolitan Council Henn of Corcoran fo
does not include Dubli-'v a-
6OkkNB0OSk: A building used for the cultivation or protection o[ trees, plants, flowers,
vegetable and nursery stock for subsequent sale or seasonal enjoyment. Greenhouses
include hoop houses and may be permanent orportable.
Section lU2U (Rules and Definitions) Page
June 28,2Ull
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
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.
A structure or premises where dogs are kept or possessed for the
business of boarding, breeding, grooming and or training for profit.
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.
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line
of a lot.
Section 1020 (Rules and Definitions) Page 9
June 23, 2011
LOT LINE: The property line bounding a lot except that where any portion ofa lot extends
into aneasement for public rieht-o�ay, the line o[such public rieht-of-mayshall be the lot
line for applying this Ordinance.
LOT LINE, LFRONT: That boundary ofa 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, LREAR: That boundary o[a lot which isopposi
in less than lU feet in length, ori[ the lot forms a point at
line lU feet inlength within the lot, parallel to, and at thE
lot line.
LOT LINE, SIDE: Any boundary of a lot which is n
line. If the rear line
rear, the rear lot line shall be
ximum distance from the front
nt lot line orarear lot line.
LOT 0FRECORD: Any lot which is one unit ofa plat duly approved and filed, ior one unit o[
an Auditor's Subdivision ora Registered [and Survey that has been recorded in the Office
o[ the Register o[DeednorOe intraro[7`iden[orBennepinCounty,Minnenot4priortodle
effective date o[ this Ordinance.
LOT, THROUGH: A lot which has pair of opposite lot lines abutting two substantially
parallel streets, and which in not a corner lot. 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 o[alot
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 o[abuilding provided such removal inanapproved
item in the buildin2 Dermit.
MANUFACTURED HOME: Any manufactured housing unit designed for transportation on
streets and highways n its own wheels oron flatbed or other trailers, and adwelling
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 o[non-
transient
Section lU2U (Rules and Definitions) Page 10
June 28,2Ull
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.
PRINCIPAL BUILDING, STRUCTURE OR USE: One which determines the predominant use
as contrasted to accessory building, structure or use.
Section 1020 (Rules and Definitions) Page 11
June 23, 2011
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 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
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.
Section 1020 (Rules and Definitions) Page 12
June 23, 2011
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):
Part or all of the feature is located in a shoreland area.
The slope rises at least 25 feet above the ordinary high water level of
the water body.
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.
The slope must drain toward the water body.
JFF IMPACT ZONE: A bluff and land located within 20 feet from the top of a bluff.
vIMISSIONER: 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
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
Section 1020 (Rules and Definitions) Page 13
June 23, 2011
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 follow
from the ordinary high water level of a lake,
distances from public waters: 1,000
id, 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 o
S.
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.
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.
Section 1020 (Rules and Definitions) Page 14
June 23, 2011
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
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:
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;
Creating cemetery lots;
Resulting from court orders or the adjustment of a lot line by the relocation of a
common boundary.
TELECOMMUNICATIONS RELATED:
Section 1020 (Rules and Definitions) Page 15
June 23, 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: Cal;
any other equipment or facilities associate
communications located or installed on or
structure; the term does not include:
wires, lines, wave guides, antennas or
ith the transmission or reception of
r a tower or antenna support
A satellite earth station antenna two meters in diameter or less
located in an industrial or commercial district.
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 this
Ordinance or any use of land, building or structure lawfully existing prior to the adoption of
Section 1020 (Rules and Definitions) Page 16
June 23, 2011
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
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.
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,
Section 1020 (Rules and Definitions) Page 17
June 23, 2011
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 predominance of hydric soils
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
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
animal species; and are ranked High in Wetland Functional Level for most
categories (Floral Diversity /Integrity, Flood /Stormwater Attenuation, Water Quality
Section 1020 (Rules and Definitions) Page 18
June 23, 2011
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 Citv.Ceuncil.
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.
ford. 200, passed 07-22-011,- Ord . �7„ 611, passed 10-28-011-, Ord . 225.. passed 11-22-01-:1 0-d-9-21 , rd n7 nQ n6...
Section 1020 (Rules and Definitions) Page 19
June 23, 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.
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.
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.
Changes to Non - Conforming Uses.
,,.,,,,..,,,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.
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.
.........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.
Normal Maintenance. Maintenance of a building or other structure
containing or used by a non - conforming use will be permitted when it
Section 1030 (General Requirements) Page 1
June 23, 2011
includes necessary non - structural repair and incidental alterations which
do not extend or intensify the non - conforming building or use.
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:
The alterations do not expand the building size.
The alterations do not change the building occupancy capacity
or parking demand.
The alteration does not increase the non - conformity of the building or
the use.
C. Expansion of Non- Conforming Buildings or Structures.
.........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.
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:
The expansion will not increase the non - conformity of the
building or site.
Section 1030 (General Requirements) Page 2
June 23, 2011
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.
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.
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:
The lot has frontage on a public right -of -way, or is governed by a
valid driveway agreement,
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.
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.
Access to any public street shall require a driveway permit as
issued by the City Building Official.
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.
Section 1030 (General Requirements) Page 3
June 23, 2011
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.
fn,,l ?27 --1 9
� �n ntii
i —. – Lam,, J ,� o— .Y � . „-
1030.020 - Accessory Buildings, Structures. Uses and Equipment
Subd. 1. Permits Required.
A. A building hermit is required for all accessory buildin s, except:
1. Agricultural buildings as defined by this chapter. These buildin s shall
standards and permit requirements.
Subd. 472. 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.
Subd. 3. Location
A. Except in the UP and RR districts, no accessory building structure, or use
shall be allowed within a front a ard.
Section 1030 (General Requirements) Page 4
June 23, 2011
B. Detached accessory structures shall behave a minimum building
C. Accessoiry structures located on through lots mav be located between the
let
b.
Side yard
-
20 feet
L._Rear�Larcl
- 15 feet
2. Setbacks for accessorV buildings in the urban residential zoning
districts shall com ly with the follojLLng:
cared in the front
yard
b. Side yard - 10 feet
L.—Rearyard - 10 feet
3. Setbacks for accessor"V buildings in the non-residential zoning
districts shall comniv with the following:
cared in the front
Section lU8U (General Requirements) Page
June 28,2Ull
L— Rear yard — 10 feet
d. Yards adjacent to residential — accessorV buildiriffs shall com
with the minimum setback rpauirements for orinciDal structures
in the district.
than 1i000square feet4-n�Sha
structure calculations. B
the initial 1,000 square feet shall L
allowable detached accessory buil
I not be considered an part ofthe
for purposes u/ the detached accessory
ttached accessory space in excess of
e counted towards the maximum
accessory structure of not more than 120 Sangre feet shall not be
Section lU8U (General Requirements)
June 28,2Ull
Page 6
1. Lots less than 2.5 acres: 1 500,rngqr feet,
Section lU8U (General Requirements) Page
June 28,2Ull
2. Lots 2.5 acres to 5 acres: 2 500 soijare set,
3. Lots greater than 5 acres to 10 acres 31000 e set.
4. Lots greater than 10 acres: 3 500
t�enon'ren�ent�1an�ur�anresi�ent�1��trct�thenla�nlunl
size o[ accessory buildings shall not exceed 1iUUU square feet or25
percent o[ the area o[ the rear yard, iwhichever inless.
2. A certificate of survey shall be
structures on site, including buildings,
addition, the survey shall include the py
wetlands, and any recorded easements.
Applicable criteria an outlined in
that identifies all existing
epdc sites and wells. In
^ onedntructure, flood plain,
70.020 (Conditional Use
wetlands and a, recorded easements.
3. The material standards re Wred by this section have been met.
Section lU8U (General Requirements) Page
June 28,2Ull
f •l�lY*'l ilft fLP lfRf"l ilfR f1 i" SATfI�� C(S�'i f` C4 PCifl 'l� �Y•I4 P(SSAT'l4TC'
�"1'•It'3 i 131^1 t"
....Agricultural buildings in excess of the size limitations allowed by Subd.
( _.) of this section shall be allowed by conditional use permit on
parcels that are located in the A-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
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,
Agricultural buildings shall be allowed as a principal use by conditional
use permit on parcels that are actively farmed, are located in the A-UR 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.
Section 1030 (General Requirements) Page 9
June 23, 2011
2. A certificate of survey shall be required thatidentifiennll 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 rpnuired by this section have been met.
4. The AnDlicam- orovide- -roof of ownershm as required above,
S. The Ai-ricultural buildi-, is used for 7ricultur Du
structure does not
interim us it
Section lU8U (General Requirements) Page 10
June 28,2Ull
Subd.416. Architectural Standards.
g
r�ri cirii�hn riri� ctr>>r4>>rn
4-0 f'tr 1F5 C'C' 424! 4-2f
((e OJ .Ip 't ®J EV➢J I"ft Nf14 Pl�i1 2 2-4f
[ftN 'l I OP �f1tlN
S
¢"�11 NiS'lN YT'l r� iC' G S Tft ft �' 4-t i Y*�IS C`
,
Section 1030 (General Requirements) Page 11
June 23, 2011
colors, exterior desian and roof de of th Drinc Dal builch
_
Subd.l. Homes must be placed on a permanent foundation which complies with the
Minnesota State Building Code.
Subd.2. Single family detached homes must have a minimum floor area o[1ilUU
square feet.
Subd.8. Single family detached homes must have a minimum width of24feet.
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:
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.
City Council may grant an Interim Use Permit with stipulated time
limitations for the temporary utilization o[manufactured homes orother
temporary structures anliving quarters when a special hardship infound
to exist. Such hardship shall be generally a result o[ age oraphysical
handicap o[a blood relative. The following conditions shall apply insuch
Section lU8U (General Requirements) Page 12
June 28,2Ull
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.
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 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:
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.111 11 ........ ........ ........
S. 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.
Section 1030 (General Requirements) Page 13
June 23, 2011
1030.050 - Relocated Structures
Subd. 1. Application. Before any house or other structure is moved, an application for
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. S. 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 1112 times the estimated finished value of
the building has been posted with the City.
1030.060 - Mining and Soils Processing
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.
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.
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
Section 1030 (General Requirements) Page 16
June 23, 2011
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.
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. 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 (Liguidl
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.
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 Denthouses.
pol
H. Monuments.
I. 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.
Section 1030 (General Requirements) Page 18
June 23, 2011
M. Television and radio antennas not exceeding 20 feet above roof not
including telecommunications towers regulated by Section 1060.1001.
c„h,a 2-9
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.
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 fallowing:
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 project.
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
Section 1030 (General Requirements) Page 19
June 23, 2011
Subd. S.
Subd. 6
Subd. 1.
Subd. 2.
size. In all other zoning districts, parcels of land for essential services
must be at least 1 1/z times the minimum lot 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.
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.
Special Districts. Essential public services located in a special overlay district
shall comply with the requirements and development guidelines in that
district.
All electrical, cable television, phone lines and similar facilities serving new
development within the urban service area shall be located underground.
ome Occunations
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.
Application. Subject to the non - conforming use section and other applicable
provisions of this Ordinance, all occupations conducted in the home and
Section 1030 (General Requirements) Page 20
June 23, 2011
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.
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.
Any Special Home Occupation, as defined in this Ordinance, shall
require an administrative permit, as outlined in Subd. 7 of this Section.
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:
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.
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.
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
residential uses.
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.
There shall be no exterior evidence visible from public roads or
adjacent parcels of the Home Occupation, including but not limited to
Section 1030 (General Requirements) Page 21
June 23, 2011
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.
.... The area used for the Home Occupation shall meet all applicable fire
and building codes.
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.
All Home Occupations shall comply with the provisions of the City
Code.
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.
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.
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. S. 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:
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.
No customer visits to the premises shall be permitted.
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
Section 1030 (General Requirements) Page 22
June 23, 2011
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
Occupations that are not otherwise permitted under Subd. and subject
to the following criteria:
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.
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
Section 1030 (General Requirements) Page 23
June 23, 2011
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
the proximity of CHOL operations to neighboring residences, size of
neighboring lots, and use of neighboring properties.
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.
S. 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.
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.
Section 1030 (General Requirements) Page 24
June 23, 2011
kj
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.
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.
For purposes of this section, employees shall include independent
contractors, part -time or seasonal employees.
Subd. 9. Exceptions. :. home facilities and group family
home facilities that are licensed by the State are exempt from the
requirements of this Ordinance.
Subd. 10. Denial of CHOL.
-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.
Immediately following the passage of this Ordinance, the City shall
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.
Legal, non - conforming Home Occupations shall be allowed to
continue 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 application fee for the permits and license issued
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.
Section 1030 (General Requirements) Page 25
June 23, 2011
All issued under this Ordinance shall be reviewed by X,x
the City 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 a CHOL upon a finding
that conditions have changed to warrant revocation or modification of
the license.
Subd. 12... Violations /Penalty.
Any person violating this section, u
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.
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.
Mandatory clean up of a pr
ordinance shall be required as
The City hereby rese
in violation of the home occupation
anv resolution to a violation.
e 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.
.....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.
Section 1030 (General Requirements) Page 26
June 23, 2011
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. S. 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.
June 23, 2011
Subd. 7. Establishment of Zoning Districts. The city is divided into the following
districts
S.
Section 1040 (District Regulations) Page 2
June 23, 2011
Wetland Overlay District (W)
.........Shoreland Overlay District (S
Floodplain Overlay District (FP)
Section 1040 (District Regulations) Page 3
June 23, 2011
1 1040.020 -Urban Reserve ft-u" District (AURI
Subd. 1. Purpose.
Subd. 2. Permitted Uses.
..!.'Agriculture and Tree Farms.
. ... ... ... ... ... .
Facilities, state licensed, as defined by statute.
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
Essential Services, subject to Section 1030.090 (Essential Services) of the
Zoning Ordinance.
Seasonal Produce Stands.
.....Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated Section 1030.020 of this chapter.
Section 1040 (District Regulations) Page 4
June 23, 2011
&C. Facilities, county licensed, 12 or fewer individuals.
4�7D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
4;)�E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
E-7R Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
-P;0. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
QH. Signs as regulated by the City C
441. 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. Commercial Feedlots, subject to MPCA (Minnesota Pollution Control
Agency) requirements.
B. Commercial Riding Stables, subject to Chapter 81 of the City Code.
facilities accessory to ........
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.
Section 1040 (District Regulations) Page 5
June 23, 2011
4. The use shall comply with the conditional use permit standards in
Section 1070.020 of the Zoning Ordinance.
Greenhouses and Nurseries, subject to the following:
;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.
.....
On -site storage and use of pesticides and fertilizers shall meet
the standards of the Minnesota Department of Agriculture.
Adequate off - street parking is provided on an improved surface as
required by this ordinance.
Adequate parking, loading and maneuvering areas shall be
provided.
,Loading areas are screened from adjacent residential uses.
Well and Septic Systems can be accommodated on site to serve the
proposed facility.
Not more than 30 percent of the site area shall be covered with
buildings or other structures.
Section 1040 (District Regulations) Page 6
June 23, 2011
The site complies with the minimum lot :: standards for
the district.
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.
At least 50 percent of the nursery stock to be sold on site must
be grown on site.
.........The provisions of Section of this
ordinance are considered and satisfactorily met.
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.
S. The structure complies with all other Zoning Ordinance requirements.
.......... Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
Subd. S. 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:
Not more than one accessory dwelling unit shall be allowed on a
single- family detached lot.
Section 1040 (District Regulations) Page 7
June 23, 2011
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.
S. 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
Section 1040 (District Regulations) Page 8
June 23, 2011
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.
Development in the MUSA prior to availability of municipal sewer and
water, subject to the following:
The proposed development is consistent with the Land Use Plan in the
adopted Comprehensive Plan, including applicable density goals.
The subject property is classified as Mixed Use /PUD in the
City's adopted Comprehensive` Plan.
The proposed development will not preclude full utilization of the site
development potential when municipal infrastructure services are
available.
The applicant agrees to connect to municipal infrastructure,
including, but not limited to: sanitary sewer, water and stormwater,
upon its availability to the site.
The applicant agrees to pay all area charges and connection fees upon
connection to municipal infrastructure.
,.,,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.
The applicant will sign an assessment waiver for future assessments
for public infrastructure.
..........The applicant will provide a removable on -site septic as a
temporary means to address sewer prior to extension of municipal
sanitary sewer.
The applicant will provide temporary on -site wells or will reach an
agreement with an adjacent community to provide a temporary water
Section 1040 (District Regulations) Page 9
June 23, 2011
service to the site until municipal water is provided by the City of
Corcoran.
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.
................... Mining and Soil Processing.
Temporary living quarters, 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
Section 1040 (District Regulations) Page 10
June 23, 2011
Subd. 7. Clustering Option. This section provides for 019tional, clusteri ts on
orded on the official cify -f
Corcoran "
red for clustering h seclon
the following minimum standards:
A. Clustering shall ol-'— be considered on those Dr-Dertie- --fided for
residential land use on the 2030 Co Drehensive Plan.
B. An Droval for a rezoning of th or De i consistent with the residential
land use category of the 2030 ComDrehensive Plan shall be made at the
same time as the subdivision of the ro Prh,
of the following
Section lU4U (District Regulations) Page 11
June 28,2Ull
L The nlicant must -rovide a ma rmaintenan
replacement and re afi-Lplanford-,,�����
wastewater
treatment SITstern ........
Themanagement an
must be reviewed and Drov clbi� v Council and recorded
with the fina Dlat. Th Ian should
a. The ownership of the centralized wastewater treatmentsystem,
and re-placin a centralized s ste�m.
f. Provisions describimo, how the sewaqoe treatment Dortion of the
future assessments for Dublic infrastructure Drier toqnn oval of
June 23, 2011
from the resDonsible individuai Us
A. Landowners shall be permitted one development r uht for each 10 acres
of land accessing onto - naved roadw
of land accessing onto - -- el road.
E. Exc or as otherwise 1 ii Droves! a loart of a De ace Preservation at
or clustering jotion in Subd. 7 of this Section no lots or outlets shall be
allowed to be created without develoloment r' hts.
Sub d. 49. Area Requirements. ]hefoll minimum requirements shall be met in
the inbiCL Properties maybe subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum lot
20 acres
Minimum lot width 300 feet
Minimum lot depth 300 feet
Structure Setbacks:
Section lU4U (District Regulations) Page 13
June 28,2Ull
Section 1040 (District Regulations) Page 14
June 23, 2011
1040.030 - Rural Residential District (RHI
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.
Seasonal Produce S
...Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
Subd. 3. Accessory U
1 C. Facilities, county licensed, 12 or fewer individuals.
Section 1040 (District Regulations) Page 15
June 23, 2011
X-. D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
A, E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
4�-.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.
4::-.H. Signs as regulated by the City Code.
mil. 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:
Cemeteries and Memorial
...Commercial Riding Stables, subject to Chapter 81 of the City Code.
_Greenhouses and Nurseries, subject to the following:
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.
.........On -site storage and use of pesticides and fertilizers shall meet
the standards of the Minnesota Department of Agriculture.
Adequate off - street parking is provided on an improved surface as
required by this ordinance.
...................................... Adequate parking, loading and maneuvering areas shall be
provided.
,,Loading areas are screened from adjacent residential uses.
Section 1040 (District Regulations) Page 16
June 23, 2011
Well and Septic Systems can be accommodated on site to serve the
proposed facility.
,';Not more than 30 percent of the site area shall be covered with
buildings or other structures.
The site complies with the minimum lot standards for
trict.
..Sale of accessory items shall be permitted, provided they do
venerate more than 20 percent of the sales (measured by retail
or sales volume) for the business nor cover more than 10
ent of the site area.
.........At least 50 percent of the nursery stock to be sold on site must
be grown on site.
.........The provisions of Section . of this
ordinance are considered and satisfactorily met.
.Living quarters, which are provided accessory to a principal agricultural
use, subject to the following:
Section 1040 (District Regulations) Page 17
June 23, 2011
The living quarters are not used as rental property.
0_.:_._A maximum of one such accessory dwelling shall be allowed.
o", ..There is a demonstrated need for such a facility for the permitted
agricultural use.
.;.. The farm includes a minimum of 30 acres.
The structure complies with all other Zoning Ordinance requirements.
G.
Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
Subd. S. 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.
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.
S. 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.
Section 1040 (District Regulations) Page 18
June 23, 2011
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. Temporary living quarters, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (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.
Section 1040 (District Regulations) Page 19
June 23, 2011
Subd. 7. Density Requirements. This section identifies the maximum number of
residential units or non - residential units that may be developed. The
4,,44 Fib td eve] opment 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 h,, 44T r; "¢development right
for each 10 acres of land accessing onto a paved roadway.
Landowners shall be permitted one "� �� r; "¢develo meat rip ht
P p
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 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.
... ... ... .Additional4,444 r 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.
xcept as otherwise approved as part of an Open Space Preservation
no lots or outlots shall be allowed to be created without 44444+g
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 lot width
200 feet
Minimum lot depth
300 feet
Structure Setbacks:
Front From Arterial Streets
100 feet
Front. From all other streets
50 feet
I Side 1 25 feet I
Section 1040 (District Regulations) Page 20
June 23, 2011
Rear
25 feet
Maximum Building Height
35 feet
Section 1040 (District Regulations) Page 21
June 23, 2011
1040.040 - R4RSF -1 (Single Family Residential Zoning District
Subd. 1. Purpose. The purpose of the district is to provide large, 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
Subd. 2. Permitted Uses.
A. .1" Facilities, state licensed, as defined by statute.
C. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
D. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
Subd. 3. Accessory Uses.
Accessory structures as regulated by Section 1030.020 of this chapter°
�C. Facilities, county licensed, 12 or fewer individuals.
QQD Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
Section 1040 (District Regulations) Page 22
June 23, 2011
-ICE. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
-E-7K Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
-F-;G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
-C:H. Signs as regulated by the City Code.
4.1.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, subjectto 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:
............. .
Residential Facility
State.
Educational aci ities, K
sixteen individuals, licensed by the
Subd. S. 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:
Accessory Dwelling Unit, subject to the following:
A-�1. Not more than one accessory dwelling unit shall be allowed on
a single- familv detached lot.
ccessory dwelling unit shall be located in an existing single family
e or above an attached or detached garage that is accessory to a
e- family detached home.
4.3. 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.
-e74.An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
Section 1040 (District Regulations) Page 23
June 23, 2011
gross floor area of the principal dwelling unit or 800 square feet,
whichever is less.
1475. 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.
e76.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.
47. The owner of the property shall reside in the principal dwelling unit
or in the accessory dwelling unit.
g:8.There shall be no separate ownership of the accessory dwelling unit.
479. 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.
4710. An accessory dwelling unit shall have a separate address from
the principal dwelling unit on the lot, and shall be identified with
address numbers.
j 11e 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.
X12. 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
years to ensure compliance with conditions of approval and
ice requirements for accessory dwelling units. Interim uses
o be in compliance may be extended by the Zoning
strator for periods of up to 3 years each.
Greenhouses and Nurseries, subject to the following:
Section 1040 (District Regulations) Page 24
June 23, 2011
o_:._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.
::. On -site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
;..:.Adequate off - street parking is provided on an improved surface as
required by this ordinance.
.Adequate parking, loading and maneuvering areas shall be provided.
0, . Loading areas are screened from adjacent residential uses.
Not more than 30 percent of the site area shall be covered with
buildings or other structures.
The site complies with the minimum lot standards for the
district.
..........Sale of accessory items shall be permitted, provided they do
not generate more than 20 percent of the sales (measured by retail
Section 1040 (District Regulations) Page 25
June 23, 2011
value or sales volume) for the business nor cover more than lU
percent o[ the site area.
|
| At least 5U percent of the nursery stock tobe sold on site must
be grown on site.
|
| pr0vk�0DS0[SeCd0D this
ordinance are considered and satisfactorily met.
| .-Seu»ouu/r/ouuce Stands.
| Conditional Home Occupation ( d by Section
1080.100 (Borne0ccu�adonn)o[dle�oniog0 e.
` '
Subd.6. Uses by Administrative Permit.
D. Temporary real estate offices.
Subd.7. Area Requirements. The following minimum requirements shall be met in
the ** ... ����~ district. Properties subject uu special roqu/ronnonusfor overlay districts as noted in Section 1050 (Overlay Districts):
|
/ Minimum L 0-t- 20,000 square feet
Minimum lot width 100 feet
Structure Setbacks:
From Arterial Streets 100 feet
Front From all other streets
feet
Rear 30 feet
Maximum BuildinLi HeiLjht 35 feet
*Minimum sevaration between structures on adiacent parcels shall be 15 feet.
Section lU4U (District Regulations) Page 26
June 28,2Ull
sides of the buildinp materials , articulation. etc.)
Section 1040 (District Regulations) Page 27
June 23, 2011
,�. , � .�
Section 1040 (District Regulations) Page 28
June 23, 2011
1040.045 - RSF -2 (Single Family Residential) District
Section 1040 (District Regulations) Page 29
June 23, 2011
Section 1040 (District Regulations) Page 30
June 23, 2011
Section 1040 (District Regulations) Page 31
June 23, 2011
Section 1040 (District Regulations) Page 32
June 23, 2011
Section 1040 (District Regulations) Page 33
June 23, 2011
1040.050 - RSF -? 3 (Single and Two - Family District
Subd. 1. Purpose. The district is intended to provide for new single- family
neighborhoods with a lot : 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 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 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.
Subd. 2. Permitted Uses.
A. Facilities, state licensed, as defined by statute.
C. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
D. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
C. Facilities, county licensed, 12 or fewer individuals.
Section 1040 (District Regulations) Page 35
June 23, 2011
-IUD. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
QF. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
-IMF. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
-F27G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
-F-7H. Signs as regulated by the City Code.
4;hl.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 1`070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
Residential Facility with seven to sixteen individuals.
Subd. S. 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:
Not more than one accessory dwelling unit shall be allowed on a
single- family detached lot.
Section 1040 (District Regulations) Page 36
June 23, 2011
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.
Them 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
Section 1040 (District Regulations) Page 37
June 23, 2011
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.
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
D. Temporary real estate offices.
Subd. 7. Area Requirements: The following minimt
the district. Properties may be si
overlay districts as noted in Section 1050
Single Family
quirements shall be met in
t to special requirements for
[ay Districts):
- Family dwellings and
other uses
Minimum Lot 15,000 square feet
square feet
Minimum lot width feet 100 feet
Structure Setbacks:
From Arterial Streets 100 feet 100 feet
Front. From all other streets feet 25 feet
Side ,' 10 feet 10 feet
Rear feet 25 feet
Maximum Building Height 35 feet 35 feet
*Minimum separation between structures on adiacent parcels shall be 15 feet..
n
tyv- Y iJi.L .Vd - u t ,'PUJ. 1 - 'i rL - V j
Section 1040 (District Regulations) Page 38
June 23, 2011
1040.060 =RMF -1 (Medium Densitv Residentiall District
Section 1040 (District Regulations) Page 39
June 23, 2011
Section 1040 (District Regulations) Page 40
June 23, 2011
Section 1040 (District Regulations) Page 41
June 23, 2011
Pe
Section 1040 (District Regulations) Page 42
June 23, 2011
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Section 1040 (District Regulations) Page 43
June 23, 2011
-
� a.
Section lU4U (District Regulations) Page 44
June 28,2Ull
Section lU4U (District Regulations) Page 45
June 28,2Ull
for Single Hamill Detached Homes
Section 1040 (District Regulations) Page 46
June 23, 2011
Section 1040 (District Regulations) Page 47
June 23, 2011
Section 1040 (District Regulations) Page 48
June 23, 2011
1040.060 070_imF- 1RMF -3 Muiti.ie ...nii 1Hi�h Density Residential�District
Subd. 2. Permitted Uses.
A. Facilities, state licensed, as defined by statute.
-CAD. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
-F-7F. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
QR Townhomes.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
C, Facilities, county licensed, 12 or fewer individuals.
44rD. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
4QTE. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
-P7R Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
Section 1040 (District Regulations) Page 49
June 23, 2011
-C-7U. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
4:7K Signs as regulated by the City Code.
- 471.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. facilities accessory to educational
B. Educational facilities, K -12.
Residential Facility with seven to sixteen individuals.
Subd. S. 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:
Section 1040 (District Regulations) Page 50
June 23, 2011
.........Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (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.
Section 1040 (District Regulations) Page 51
June 23, 2011
Subd. 7. Area Requirements. The following minimum requirements shall be met in
the ' : district. Properties maybe subject to special requirements
for overlay districts as noted in Section 1050 (Overlay Districts):
Minimum Base Lot
1 acre
Minimum Base Lot Width
150 feet
Structure Setbacks:
From Arterial Streets
Front, From all other streets
50 feet
Side
25 feet
Rear
25 feet
Maximum Building Height
35 feet or three stories
Section 1040 (District Regulations) Page 52
June 23, 2011
Section 1040 (District Regulations) Page 53
June 23, 2011
(Ora... L.11; -passed .12.21-04). ores: 22.5j. passed. 1.1..2.a..05)
Section 1040 (District Regulations) Page 54
June 23, 2011
Section 1040 (District Regulations) Page 55
June 23, 2011
1040.070 080 - MP (Manufactured Home Park)
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.
Manufactured homes.
Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter°
C Facilities, county licensed, 12 or fewer individuals.
-D. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
eping of Animals, subject to Chapter 81 (Animals) of the City Code.
vate recreational facilities.
;ns as regulated by
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. S. 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:
Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (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 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
7,204 square feet
Minimum Lot Width
65 feet
Minimum Lot Depth
110 feet
Maximum Density
4 units per 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.
_A central community building shall be provided and shall include the
following features:
facilities with washers and dryers.
c toilets and lavatories.
..;.Heating and cooling equipment must be maintained in good operating
order.
o-: i.,. The building shall be maintained in a safe, sanitary and clean
condition.
Section 1040 (District Regulations) Page 57
June 23, 2011
Tornado shelter facilities must be provided and adequately sized to safely
accommodate all occupants.
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.
Sidewalks must be provided on both sides of all streets.
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.
Maintenance. All land within the park shall be adequately drained,
landscaped to control dust and kept free from refuse, garbage, rubbish or
debris.
Outdoor Camping. There shall not be outdoor camping anywhere in a
manufactured home park.
::....Public Access. Public access to manufactured housing parks shall be as
approved by the City.
Foundation Enclosure. The area beneath a manufactured home shall be
enclosed except that such enclosure must have access for inspection.
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.
Building Requirements.
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.
Section 1040 (District Regulations) Page 58
June 23, 2011
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.
. Building Type and Construction. Any building addition shall either be
manufactured or custom built of materials that are consistent or
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 difference to a degree to cause incongruity with the principal
building.
::. A deviation from the general character of the neighborhood.
A depreciation of neighborhood values or adjacent property
values.
nuisance. Types of nuisance characteristics include, but are not
limited to noise, dust, odors, glare and unsightly building exterior.
Each manufactured home site shall have off - street parking spaces for
two passenger vehicles.
Parking must be located at least 15 feet from any home.
All parking spaces shall be hard surfaced according to specifications
established by the City.
Utilities.
must be served by both central or individual water and on -site
V sewer system approved by the State.
..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.
The City must approve surface water and storm water management
plans.
Section 1040 (District Regulations) Page 59
June 23, 2011
o The City must approve all utility systems and connections.
The source of fuel for cooking, heating or other purposes at each
manufactured home site shall be as approved by the City.
All utilities shall be underground; there shall be no overhead wires or
supporting poles except those essential for street or other lighting
purposes.
No obstruction shall be permitted that impedes the inspection of
plumbing, electrical facilities, and related manufactured home
equipment.
c . The City must approve the method of garbage, waste, and trash
disposal.
0 .. The owner shall pay inspection and testing fees for utility service to
the City.
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.
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.
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.
Storage.
June 23, 2011
.:;_._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.
.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.
:.:.All boats, trailers, snowmobiles, recreational vehicles and other
equipment not stored within the manufactured home, storage locker
or dead storage area and shall not be stored on the site or on streets
within the Manufactured Home Park.
Fire Protection.
e.: 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.
'..:.Manufactured home parks shall be kept free of litter, rubbish and
other flammable materials.
a..:..:.Portab`le 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.
r. Design and placement of fire hydrants throughout the Park shall be as
approved by the Fire Chief to ensure adequate fire protection.
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
0,?. The name and address of the owner of each manufactured home.
:.,.The make, model, year and license number of each manufactured
home.
�.:. The state, territory or county issuing such license.
The date of arrival and departure of each manufactured home.
The number and type of motor vehicles of residents in the park.
_Maintenance. The operator of any manufactured home park, or a duly
authorized attendance and /or caretaker shall be responsible at all times
for 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.
lOrd.. 2y.1...Fu3ayryr.Lad-12 .y2.1...r0 4)
Section 1040 (District Regulations) Page 62
June 23, 2011
1040—non 090 - CR (Rural Commercial)
Subd. 1.
I
Subd. 2
Subd. 3
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.
Permitted Uses.
Day Care Facilities, state licen
Day Care, Commercial.
efined by statute.
D. Government and public utilities buildings and structures.
E. Offices, medical and pr,
F.
Accessory Uses.
A.7B. Accessory
Section.
es of a similar nature.
ental and customary to uses allowed in this
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:
.........Adult Entertainment Business, subject to Chapter 113 of the City
Code.
Commercial Kennels
Commercial recreation and entertainment (not to exceed 5,000
square feet).
Section 1040 (District Regulations) Page 63
June 23, 2011
Contractors Operations.
Greenhouses and Nurseries, subject to the following:
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.
On -site storage and use of pesticides and fertilizers shall meet
the standards of the Minnesota Department of Agriculture.
Adequate off - street parking is provided on an improved
surface as required by this ordinance.
Adequate parking, loading and maneuvering areas shall be
provided.
....:.;;Loading areas are screened from adjacent residential uses.
Well and Septic Systems can be accommodated on site to serve
the proposed facility.
..........Not more than 30 percent of the site area shall be covered with
ngs or other structures.
Section 1040 (District Regulations) Page 64
June 23, 2011
The site complies with the minimum lot standards for
the district.
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.
.........At least 50 percent of the nursery stock to be sold on site must
be grown on site.
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.
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.
Motor Fuel Stations.
Section 1040 (District Regulations) Page 65
June 23, 2011
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.
S. All canopy lighting for motor fuel station pump islands shall be
recessed or shielded to provide a 90- degree cutoff. Illumination levels
ds shall not exceed 30 -foot candles.
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.
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
Section 1040 (District Regulations) Page 66
June 23, 2011
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.
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.
4. All areas of the property not devoted to buildings or parking areas
shall be landscaped in accordance with this ordinance.
S. Off- street parking shall be provided for customers and employees in
accordance with this ordinance.
6. arking for .
shall not be less than 9 feet wide by 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.
Open or outdoor services, sales and equipment rental.
Towers and Antennas (freestanding) as regulated by Section
1060.100 (Telecommunications Services) of the Zoning Ordinance.
Section 1040 (District Regulations) Page 67
June 23, 2011
Subd. S. 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:
" 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 princi
less.
e or 800 square feet, whichever is
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.
.ccessory dwelling unit shall have a separate address from the
cipal use 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.
Section 1040 (District Regulations) Page 68
June 23, 2011
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.
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. Seasonal Outdoor Retail Sales.
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.
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.
:_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.
Minimum lot area
2.5 acres
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
100 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%
mrc inn ��„aO 2 nn nru. ?c .�� nc_n ? �� any na_ntii
Section 1040 (District Regulations) Page 70
June 23, 2011
1040.OQ[ 095 - TCR (Transitional Rural Commercial,
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.
......:. Facilities, state licensed, as defined by statute.
Seasonal Produce
Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
Subd. 3. Accessory Uses.
Facilities, county licensed, 12 or fewer individuals.
as regulated by Section 1060 (Performance Standards) of this
r.
--E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
71�7F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
-F-7G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
Section 1040 (District Regulations) Page 71
June 23, 2011
QII. Signs as regulated by the City Code.
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:
Subd. S. 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:
,.,.,.,.,,,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.
Section 1040 (District Regulations) Page 72
June 23, 2011
An accessory dwelling unit shall have a separate address from the
principal use 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.
B. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (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 lot width
200 feet
Minimum lot depth
300 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
50 feet
Side
25 feet
Rear
25 feet
Maximum Building Height
35 feet
passed a .o(r : 8.. .gym BThQ Qr�.. �. ... ti . . re 3 passed.. 02-09-06)
Section 1040 (District Regulations) Page 73
June 23, 2011
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1040—non 100 - C-1 (Neighborhood Commercial)
Businesses requiring exterior storage fi
wholesale activities are not permitted in this
within this district will be allowed only when
services and facilities are available to serve tl
Subd.2. Permitted Uses.
processing retail sales or
3trict. New development
full range of municipal
Barbers. Beau
ty Shops and similar personal service uses.
Facilities, state licensed, ian defined hnstatute.
and laundry pick up,,.:
cleaning processing.
G. Government and public utilities buildil-I'Pas and structures.
Section lU4U (District Regulations) Page 74
June 28,2Ull
Offices, medical and professional.
Public and Private Clubs and Lodges.
LA.:,: -Restaurants �:: i, i c,i'� i�: �:� (without drive-through)
Subd. 3. Accessory Uses.
A. Accessoiry structures as regulated by Section 1030.020 of this chanter,
.... Accessory uses incidental and customary to uses allowed in this Section.
*��Day Care Facilities, county licensed, il2 or fewer individuals.
Section lU4U (District Regulations) Page 75
June 28,2Ull
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.
B. Car Wash =: •.
,...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.
..........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.
C. Commercial recreation and entertainment.
FBI
.........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.
S. Loading areas are screened from adjacent residential uses.
Section 1040 (District Regulations) Page 76
June 23, 2011
6. Not more than 30 percent of the site area shall'..
... ... ... ... . .. ... ... ... ..
........................................................................... ....................................... ..................
........... ........... ............... ..............
9. The site complies with the minimum lot standards for the
... ... ... ... ... ... The provisions of of this
ordinance are considered and satisfactorily met.
........... Hospitals, nursing home and similar care facilities.
... ... ... ... ... .. . ... ..
H. Motor Fuel Stations.
Section 1040 (District Regulations)
June 23, 2011
Page 77
....... 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.
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.
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.
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.
~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.
Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
Section 1040 (District Regulations) Page 79
June 23, 2011
..: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.
Seasonal Outdoor Retail Sales.
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.
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.
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.
Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
June 23, 2011
Minimum lot area.:.
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
25 feet
Side
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Building Height
35 feet
I Maximum Impervious Surface Coverage I % I
((lxr]
Section 1040 (District Regulations) Page 81
June 23, 2011
1040.100 110 - C -2 (Community Commercial
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.
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.
H.
Government and public utilities buildings and structures.
J. 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.
0. Laundromats.
Section 1040 (District Regulations) Page 82
June 23, 2011
P. Liquor—Off-sale/On-sale.
4;Q.,__Offices, medical and professional.
Public and Private Clubs and Lodges.
U. Retail '7oods and service uses of a similar nature
�L—Sporting Goods and similar retail sales.
W. Tailoring services, shoe repair and similar services.
Subd. 3. Accessory Uses.
Accessory uses incidental and customary to uses allowed inthis
&C Day Care Facilities, county |icenne/il2orfevverindividua1n.
CITQ Allowed Home Occupations anregulated by Section lU8U.lUU(Home
Occupations) o[ this chapter.
Subd.4L Conditional Uses. The following are conditional uses, subject tothe
conditions outlined in Section 1U7U.U2Uo[ this ordinance and the specific
standards and criteria that may be cited fora specific use:
A. Assisted Living Faci1itwi**s.
B.
C. Car Wash.
Section lU4U (District Regulations) Page 83
June 28,2Ull
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.
Greenhouses and Nurseries, subject to the following:
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.
On -site storage and use of pesticides and fertilizers shall meet
the standards of the Minnesota Department of Agriculture.
Adequate off - street parking is provided on an improved
surface as required by this ordinance.
Adequate parking, loading and maneuvering areas shall be
provided.
Loading areas are screened from adjacent residential uses.
Not more than 30 percent of the site area shall be covered with
buildings or other structures.
Hours for retail sale of product to customers shall be limited to
to 7:l0i 0 a. m. toY 9. 0 p.mA.¢h �n>> gnYri �•
. xA:9 II C 'l. • l :9 to I YL . I1IC f'4 Y9 �'l4P A-�ri �'l4P
Section 1040 (District Regulations) Page 84
June 23, 2011
..........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.
The site complies with the minimum lot _ tan dards for
the district.
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.
At least 50 percent of the nursery stock to be sold on site must
be grown on site.
The provisions of of this
ordinance are considered and satisfactorily ... met.
..._._Hospitals, nursing home and similar care facilities.
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.
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.
Section 1040 (District Regulations) Page 85
June 23, 2011
All buildings, canopies, and pump islands shall be located to
comply with the minimum setback requirements o[ the zoning district
in which they are located.
canopy lighting for motor fuel station pump islands shall be
recessed or shielded to provide a9U'degree cutoff. Illumination levels
for pump islands shall not exceed 8U'footcandles.
Control. Litter The hall be
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.
K.
L. Towers and Antennas (freestanding) d by Section 1060.100
(Telecommunications Services) o[ the Zoning Ordinance.
M.
Subc[S. Interim Uses. The following are interim uses, subject to the conditions
outlined in Section lU7U.U8Uo[ this ordinance and the specific standards and
criteria that may be cited for a specific use:
Section lU4U (District Regulations) Page 86
June 28,2Ull
ctures, subject to the "`standarc
Tres) of the Zoning Ordinance.
Essential Services, as allowed by Section 1030.090.
Seasonal Outdoor Retail Sales.
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.
......... 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
Section 1040 (District Regulations) Page 87
June 23, 2011
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.
..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.
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
100 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%
M-1 inn � 1 n� ?? nn, nr ?? � 1 1 � ?� nci
ice. — ,I,� o-- — ., r�u:, —�� . _J
Section 1040 (District Regulations) Page 88
June 23, 2011
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1040A -in 120 - BP (Business PaLk
Subc[l. Purpose. The intent of this district isto provide for the establishment o[
campus developments with a variety of office, low-impact manufacturing or
assembly o[a variety o[ products that create no exterior noise, glare or
fumes. Onen 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 f amenities, including architectural controls, landscaping,
preservation f natural f Uu t New development ct
will oo allowed only when a full range u/ municipal services and facilities are
available to serve the area.
Subd.2. Permitted Uses.
Banks, savings and 1 other financial tudonn,
with 0r without drive
_"�~�-��._
Commercial printing establishments.
Conference centers and reception halls.
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.
L;!dIIIIIIIOffices,. medical and professional.
Radio and television stations
Section lU4U (District Regulations) Page 89
June 28,2Ull
Warehousing and indoor storage
Wholesale Showrooms.
Subd. 3. Accessory Uses.
A. Accessory structures as r-,ulat Section 1030.020 of this chqntpr-
.... Accessory uses incidental and customary to uses allowed in this Section.
�
Temporary structures, subject to the standards in Section N1U8U.U4U
(Temporary Structures) of the Zoning Ordinance.
Subd.4. Conditional
conditions outlined in Section 1070.020 u/ this ordinance and the specific
standards and criteria that may be cited fora specific use:
Day Care, Commercial.
Section lU4U (District Regulations) Page 90
June 28,2Ull
Section 1040 (District Regulations) Page 91
June 23, 2011
....... Retail Uses accessory to permitted development limited to 10 percent
of the gross floor area of the building.
Towers and Antennas (freestanding) as regulated by Section
1060.100 (Telecommunications Services) of the Zoning Ordinance.
Subd. S. 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:
Section 1040 (District Regulations) Page 92
June 23, 2011
B. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
Accessory buildings and structures for a use accessory to the principal
|
kj
Essential Services, an allowed hn Section lU8U.U9U.
Towers and Antennas an regulated hn Section lU6U.lUU
(Telecommunications Services) o[ the Zoning Ordinance, only when co-
located.
Subd.7. Area Requirements. The following minimum requirements shall be met in
the B9district. 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
100 feet
Front, From all other streets
50 feet
Side,
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Building Height
45 feet
Maximum Impervious Surface Coverage
70%
Section lU4U (District Regulations) Page 94
June 28,2Ull
I'll 10,4101.11125 -1 - 1 (Light Industriall.
Section 1040 (District Regulations) Page 95
June 23, 2011
A. Accessory structures as r-'s-ulat Section 1030.020 of this ch--t--
Section lU4U (District Regulations) Page 96
June 28,2Ull
Section 1040 (District Regulations) Page 98
June 23, 2011
Section 1040 (District Regulations) Page 99
June 23, 2011
1040.130 - Downtown Mixed Use fDMUI District
Section 1040 (District Regulations)
June 23, 2011
Page 101
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . . ... ... . . ... ... ... ... ... ... . . ... ... ... ... . . ... ... . . ... ... . ..... ... ... ... . . ... ... ... ... ... ... ... ... ... ... . . ... ... ... . . ... ... ... ... ... ... ... . . ... ... .
Section 1040 (District Regulations) Page 102
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Section 1040 (District Regulations) Page 103
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Section 1040 (District Regulations) Page 104
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Section 1040 (District Regulations) Page 105
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d
the prima front ele�ration of buildin.. ¢h r� + Y,�r
Section 1040 (District Regulations) Page 106
June 23, 2011
Section 1040 (District Regulations) Page 107
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Section 1040 (District Regulations) Page 108
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Section 1040 (District Regulations) Page 109
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1040.135= General_Mixed Use (GMUI District
Section 1040 (District Regulations) Page 110
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Section 1040 (District Regulations) Page 111
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Section 1040 (District Regulations) Page 112
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Section 1040 (District Regulations) Page 113
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Section 1040 (District Regulations) Page 114
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Section 1040 (District Regulations) Page 115
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Section 1040 (District Regulations) Page 116
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Section 1040 (District Regulations) Page 117
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1040.130 140 - PUD (Planned Unit Development)
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:
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.
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.
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.
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.
Preserve and enhance natural features and open spaces.
Maintain or improve the efficiency of public streets and utilities.
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 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,
Subd. S. Lot Dimensions, Setbacks and Building Heights. The various lot width, lot
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.
U.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:
1. Location map showing the location within the City and more detailed
locations on half - section plat maps showing all perimeter property
lines.
2. Aerial photograph of the area.
3. All identified natural resources and wetland inventories on and
abutting the premise.
4. General location of existing and proposed structures.
S. Tentative access, circulation and street arrangements, both public and
private.
6. Amenities to be provided such as recreational areas, open space,
walkways, landscaping, etc.
7. General location of parking areas.
Section 1040 (District Regulations) Page 119
June 23, 2011
8. 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 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.
Section 1040 (District Regulations) Page 120
June 23, 2011
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:
The planned development is not in conflict with the Comprehensive
Plan.
The planned development is not in conflict with the intent of the
underlying zoning district.
.........The planned development is not in conflict with other applicable
provisions of the City's zoning ordinance.
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.
........ The planned development will not create an excessive burden on
arks, schools, streets and other public facilities and utilities which serve
r are proposed to serve the planned development.
The planned development will not have an undue and adverse impact
on the reasonable enjoyment of the neighborhood property.
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.
Section 1040 (District Regulations) Page 121
June 23, 2011
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
E. Preliminary drainage,
F. A concept landscaping plan ill
vegetation, and new landscap
trash removal.
tility and erosion control plans.
ting preservation of existing
id buffer areas.
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 acres of
" Residential" guiding could be developed with 70
percent of the land area commercial and 30 percent of the land area at
the ... 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.
Section 1040 (District Regulations) Page 122
June 23, 2011
1. 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.
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.
.........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.
......... 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.
A landscape plan indicating tree, shrub and ground cover species, size,
provisions for plant material watering.
Section 1040 (District Regulations) Page 123
June 23, 2011
.....................A final circulation plan indicating pedestrian and vehicular movement
systems. This plan shall also include service access for receiving and
trash /recycling removal.
A lighting plan showing foot - candle levels, luminaire location, fixture
type and height.
Rooftop equipment and screening plan and elevation drawings of rooftop
equipment and screening of views from adjacent streets and property.
A final drainage, grading, utility, and erosion and sedimentation control
plan. Such plans shall comply with the requirements of this ordinance.
Identification and delineation of all wetlands on the site including
preservation and filling and mitigation.
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.
Any other information deemed necessary by the City Staff in order to
.........Twenty copies of the above information shall be submitted no larger
than 11 x 17 inches.
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.
E. 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.
B. Change in exterior building material.
f any condition attached or modification to the final
nt 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.
LfnNd 2211 passed 10-27-0 1:1
Section 1040 (District Regulations) Page 125
June 23, 2011
1040.10 140 - PI (Public /Institutional)
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.
Civic Buildings, such as City Hall, libraries, fire stations, etc.
Day Care Facilities, state licensed, as defined by statute.
Educational facilities, K -12.
Government and public utilities buildings and structures.
.Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
Subd. 3. Accessory Uses.
47B. Accessory uses incidental and customary to uses allowed in this
Section.
Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
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. Cemeteries and Memorial Gardens.
B. Community Centers.
C. Day Care, Commercial, accessory to permitted uses in this district.
D. Funeral Homes and Mortuaries.
Section 1040 (District Regulations) Page 126
June 23, 2011
E. Golf Courses and other outdoor recreational facilities of a commercial
nature.
F. Hospitals, nursing home and similar care facilities.
Offices, medical and professional.
Towers and Antennas (freestanding) as regulated by Section
1060.100 (Telecommunications Services) of the Zoning Ordinance.
Trade Schools, Seminaries and other Higher Education Facilities
Subd. S. 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.
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.
Essential Services, as allowed by Section 1030.090.
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
100 feet
Front, From all other streets
50 feet
Side
50 feet
.....................Rear
50 feet
Maximum Building Height
45 feet
Section 1040 (District Regulations) Page 127
June 23, 2011
Maximum Impervious Surface Coverage 70%
(Ord :200 p -.4.2.2 -04)
Section 1040 (District Regulations) Page 128
June 23, 2011
SECTION 1050 - OVERLAY DISTRICTS
1050.010 - Wetland Overlay District
Subd. 1. Findings, Intent and Incorporation by Reference.
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.
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.
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.
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.
Lx
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.
This section hereby incorporates by reference the Wetlands
Conservation Act of 1991 [Minn. Stat. 103G.221 et seq. (hereinafter
Section 1050 (Overlay Districts) Page 1
June 23, 2011
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.
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.
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:
To satisfy the requirements of the WCA as it may be amended
and, thereby achieve no net loss of wetlands within the City;
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;
..........To preserve the natural character of the landscape through the
maintenance of wetland ecosystems;
........To promote water quality by maintaining the ability of
ands to recharge ground water and receive the discharge of
and water, to retain sediment and toxicants and filter nutrients
_surface water runoff before it discharges into community lakes
streams, thus avoiding the contamination and eutrophication of
e water features; and
To provide wildlife habitat and thereby support the
maintenance of diversity of both plant and animal species within the
City.
.........To accomplish these purposes, the City:
Section 1050 (Overlay Districts) Page 2
June 23, 2011
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;
S. 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 the numerous benefits and features that
wetland provide and the adverse effects of improperly managed
development on wetlands.
Subd. 3. General Provisions.
Y:; °.,Identification and Delineation of Wetlands
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.
Section 1050 (Overlay Districts) Page 3
June 23, 2011
. . . .. . . . .. . . .. . . .. . . . . . . . . . . . .
A wetland is land that meets the definition of "wetlands" set
forth in Section 1020.020. The classification of a wetland shown on
the officially adopted City map will be prima facie evidence of the
classification of a wetland.
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.
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.
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.
........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.
..........Only that portion of a property within the boundaries of a
wetland shall be subject to the provisions of this section.
This section establishes three wetland classifications as
defined in Section 1020.020: High Quality, Medium Quality, and Low
Quality.
Subd. 4. General Standards.
Section 1050 (Overlay Districts)
June 23, 2011
Page 4
The following standards apply to all lands within and /or abutting a wetland:
Septic and soil absorptions systems must be setback a minimum of 75
feet from the City approved boundary of the wetland.
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.
Structures intended to provide access across a wetland shall be
prohibited unless a permit is obtained in conformance with State
Regulations.
The MPCA's Best Management'' Practices shall be followed to avoid
erosion and sedimentation during the construction process.
City inspection schedules and fines for erosion control will double on
projects abutting wetlands.
Before the City issues a building permit for a lot with a required
wetland buffer, the lot owner shall:
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
.........Install the wetland monuments required by Subd. 7 of this
Chapter.
Subd. S. Wetland Buffer Strips and Setbacks.
1. 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
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.
Section 1050 (Overlay Districts) Page 5
June 23, 2011
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.
3 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
4.... Notwithstanding the foregoing, wetland buffer strips are not required
for:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
Section 1050 (Overlay Districts) Page 6
June 23, 2011
....... 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.
c Buffer strip vegetation shall be established 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.
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.
?. _. 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.
Q.: ........ 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.
a
'.: 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.
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,
........ The City Council may approve alternative standards, based on an
assessment of the following:
Section 1050 (Overlay Districts) Page 7
June 23, 2011
1. Size of the parcel
2. Existing roads and utilities
3. Percentage of parcel impacted by wetlands
4. Configuration of wetlands on the parcel
S. Quality of the affected wetlands
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.
Alternative standards shall not be allowed on wetlands within the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Natural Resource Corridors identified on official City maps.
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:
..................... ..................................... ............................... I
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
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
Section 1050 (Overlay Districts) Page 8
June 23, 2011
add redundant protections to normal required Best Management
Practices.
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 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.
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.
.........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:
Has a continuous, dense layer of perennial grasses that have
been uncultivated or unbroken for at least 10 consecutive years, or
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:
Section 1050 (Overlay Districts) Page 9
June 23, 2011
........ .............................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
........ It is lacking a layer of organic thatch or duff, or
.........Has topography that tends to channelize the flow of surface
runoff, or
.........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.
S. 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.
Section 1050 (Overlay Districts) Page 10
June 23, 2011
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 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.
........ 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.
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.
..........,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.
Section 1050 (Overlay Districts) Page 11
June 23, 2011
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.
mra 211, passed 12-21-04, O: d, 237 passed � � �n 0-"
Section 1050 (Overlay Districts) Page 12
June 23, 2011
1050.020 - Shoreland Overlay District
Subd. 1, Statutory Authorization, Findings of Fact and Statement of Purpose.
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.
- 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.
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
Section 1050 (Overlay Districts) Page 13
June 23, 2011
permit is required for a regulated activity pursuant to Section 1050.020,
Subd. 3 of this 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.
.... 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 Protected Waters ID# Legal Description
Jubert Lake 165P T119 R23WS29,32
Tributary Rivers/Streams Legal Description
North Fork Rush Creek T119 R23 W Sections Z 3, 4,5,7,8,11,18,19
Rush Creek T119 R23 W Sections 13, 21, 22, 23,24,28,2 9
Unnamed Tributary T119 R23 W Sections 11, 14, 15
Spurzem Creek T119 R23 W Sections 33, 34
Unnamed Tributary T119 R23 WSections 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
Section 1050 (Overlay Districts) Page 14
June 23, 2011
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 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.
Subd. S. 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:
Unsewered Natural Environment Lakes
Riparian Lots
Area Wid
Single 80,000 200
Two family 120,000 300
Nonriparian Lots
th Area Width
80,000 200
160,000 400
Multi - family 200,000 500 320,000 800
Sewered Natural Environment Lakes
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 40,000 125 20,000 125
Two family 70,000 225 35,000 220
Multi - family 130,000 425 65,000 410
River Stream Lot Width Standards.
There is no minimum lot size requirement for rivers and streams. The lot
width standards for residential developments are:
Single
Two family
Multi - family
B. Special Provisions
Tributary Stream
No Sewer Sewer
100
75
150
115
250
190
Section 1050 (Overlay Districts) Page 15
June 23, 2011
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 3 above can only be used if publicly owned
sewer system service is available to the property.
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.
.....Each building must have common sewage treatment and water
systems in one location and serve all dwelling units in the building.
,,..,.:;:,Watercraft docking facilities for each lot must be centralized in
one location and serve all dwelling units in the building; and
No more than 25 percent of a lake's shoreline can be in two family
or townhome developments.
Placement, Design and Height of Structures
1. 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.
Section 1050 (Overlay Districts) Page 16
June 23, 2011
Sewage
Structures
Waters Classification
Sewered
Treatment
Unsewered
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.
Section 1050 (Overlay Districts) Page 16
June 23, 2011
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.
- Design Criteria for Structures
1. Structures must be placed in accordance with floodplain regulations
applicable to the site as required in Section 1050.030.
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.
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:
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.
The setback of the structure or facility from the ordinary high
water level must be at least 10 feet.
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.
Section 1050 (Overlay Districts) Page 17
June 23, 2011
The roof may be used as a deck with safety rails but must not be
enclosed or used as a storage area.
.:..............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.
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.
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.
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.
Section 1050 (Overlay Districts) Page 18
June 23, 2011
c. The annual nurse or cover crop shall be applied at a rate of 20
pounds per acre.
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.
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.
The clearing and removal of vegetation in the buffer area is
bited, except for selective clearing and pruning of individual
that are dead, diseased, noxious weeds, or hazards.
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.
Section 1050 (Overlay Districts) Page 19
June 23, 2011
All buffer areas are measured from the ordinary high water
level as marked in the field.
The following buffer sizes are minimum requirements for
stream buffers. Classification of lakes and wetlands in shoreland
areas and buffer sizes shall be consistent with the City's Wetland
Overlay District 1050.010.
Stream Type
Average Buffer
Width
Minimum Buffer
Structure Setback
Tributary Stream
25'
20'
50'
Subd. 7
..........The City may recommend
instances where it will provide rE
adjacent upland habitat, or allow
provided that the total buffer are
remains the same. Buffer averag
consistent with buffer averaging
District (Section 1050.010).
buffer averaging for buffers in
source protection to a valuable
for reasonable use of property,
a on -site contained in the buffer area
ng in shoreland areas will be
- equirements in the Wetland Overlay
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.
Shoreland Buffer Area Mitigation.
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:
ust 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.
.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.
Section 1050 (Overlay Districts) Page 20
June 23, 2011
..,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.
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.
Alteration Standards
Intensive vegetation clearing such as mowing and cutting
within the shore and bluff impact zones and on steep slopes is not
allowed.
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.
...................
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.
Section 1050 (Overlay Districts) Page 21
June 23, 2011
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:
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.
ies or similar materials must be used, where necessary, for
Crary bare soil coverage, and a permanent vegetation cover
be established as soon as possible.
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.
Section 1050 (Overlay Districts) Page 22
June 23, 2011
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.
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.
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 a'
proposed connectio
3. Extractive Use Standards
commissioner has approved the
public waters.
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
Section 1050 (Overlay Districts) Page 23
June 23, 2011
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:
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.
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 met. For private facilities, the grading and filling
provisions of this ordinance must be met.
Subd. 11. Stormwater Management.
Design and Construction Standards
- 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.
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.
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.
Impervious surface coverage of lots must not exceed 25
percent of the lot area.
....... 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
Section 1050 (Overlay Districts) Page 24
June 23, 2011
Subd. 12
Subd. 13.
Creek Watershed District, and the Minnesota Pollution Control
Agency's Best Management Practices as described in Protecting Water
Quality in Urban Areas.
New constructed stormwater outfalls to public waters must
provide for filtering or settling of suspended solids and skimming of
surface debris before discharge.
Agricultural and Forest Management Use Standards.
- Permitted Uses
General cultivation farming, grazing, nurseri
farming, sod farming, and wild crop harvest
slopes and shore impact zones are maintain
operated under an approved conservation p
Systems) consistent with the field office teci
water conservation districts or the United S1
�s, horticulture, forestry, truck
ig are permitted uses if steep
d in permanent vegetation or
in (Resource Management
Zical guides of the local soil and
Resource
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.
Animal Feedlots.
st meet the following standards:
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
..........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.
iagement Standards. The harvesting of timber and associated
on 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."
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
Section 1050 (Overlay Districts) Page 25
June 23, 2011
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.
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.
Section 1050 (Overlay Districts) Page 26
June 23, 2011
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.
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
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 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.
A copy of approved zoning ordinance amendments and
subdivisions /plate 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.
Existing Nonconformities
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.
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
Section 1050 (Overlay Districts) Page 27
June 23, 2011
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.
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.
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.
Additions or Expansions
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.
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:
...........
........;The structure existed on the date the structure setbacks were
established
� thorough evaluation of the property and structure reveals no
ble location for a deck meeting or exceeding the existing
V high water level setback of the structure
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
The deck is constructed primarily of wood, and is not roofed or
screened.
Section 1050 (Overlay Districts) Page 28
June 23, 2011
fflrd: 21.Y...pa:,:,vd 1.2m2.1.mO,,I, Qrd 237;. -p a ed..l.l.. 20-06,
Section 1050 (Overlay Districts) Page 29
June 23, 2011
1050.030 - Flood Plain Overlay District
Subd. 1. Statutory Authorization, Findings of Fact and Purpose.
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:
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.
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.
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.
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
Section 1050 (Overlay Districts) Page 30
June 23, 2011
.........Lands to Which the Ordinance Applies. This Ordinance shall apply
to all lands within the jurisdiction of the City of Corcoran shown on the
Official Zoning Map as being located within the boundaries of the
Floodway, Flood Fringe, or General Flood Plain District.
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,
27053CO038 E, 27053CO039 E, 27053CO043 E, 27053CO044 E,
27053CO132 E, 27053CO134 E, 27053CO151 E, 27053CO152 E,
27053CO153 E, 27053CO154 E, 2705300156 E, 27053CO157 E,
27053CO158 E, and 27053CO159 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.
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
encroachments on the flood p
floodway.
Interpretation.
in flood elevation caused by
esult from designation of a
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.
'he boundaries of the zoning districts shall be determined by
listances on the Official Zoning Map. Where interpretation is
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.
Section 1050 (Overlay Districts) Page 31
June 23, 2011
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.
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).
Floodway District. The Floodway District shall include those areas
designated as floodway on the Flood Insurance Rate Map adopted in
Subd.2.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.
:.. General Flood Plain District. The General Flood Plain District shall
June 23, 2011
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 Districts, all uses not listed as permitted uses or
conditional uses in Subd..4., S. and 6. that follow, respectively, shall be
prohibited. In addition, a caution is provided here that:
.................. New manufactured homes, replacement manufactured homes
and certain travel trailers and travel vehicles are subject to the
general provisions of this Section and specifically Subd_9.
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.
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 (FW).
Permitted Uses.
Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
Industrial- Commercial uses such as loading areas, parking
areas, and airport landing strips.
Private and public recreational uses such as golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting preserves, target
June 23, 2011
Standards for Floodway Permitted Uses:
....... The use shall have a low flood damage potential.
The use shall be permissible in the underlying zoning district if
one exists.
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.
_Conditional Uses
Structures accessory to the uses listed in 4.A. above and the
uses listed in 4.C.2 -8 below.
Extraction and storage of sand, gravel, and other materials.
Marinas, boat rentals, docks, piers, wharves, and water control
structures.
Railroads, s
pipelines.
this
Storage yards fo
Placement of fill or
utility transmission lines, and
pment, machinery, or materials.
ction of fences.
creational vehicles either on individual lots of record or in
)r new subdivisions or commercial or condominium type
unds, subject to the exemptions and provisions of Subd.9.0 of
ctural 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
-year frequency flood event.
Standards for Floodway Conditional Uses
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.
Section 1050 (Overlay Districts) Page 34
June 23, 2011
All floodway conditional uses shall be subject to the
procedures and standards contained in Subd.10.D of this Ordinance.
-Fill. The conditional use shall be permissible in the underlying
zoning district if one exists.
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.
..........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.
... 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.
ory S
;. Accessory structures shall not be designed for human
habitation.
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,
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
Section 1050 (Overlay Districts) Page 35
June 23, 2011
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:
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 havine 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.
....... 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 maybe 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.
...................
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.
A levee, dike or floodwall constructed in the floodway shall not
cause an increase to the 100 -year or regional flood and the technical
Section 1050 (Overlay Districts) Page 36
June 23, 2011
analysis must assume equal conveyance or storage loss on both sides
of a stream.
Subd. S. Flood Fringe District (FF)
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 nuisance. All permitted uses shall comply
with the standards for Flood Fringe District `Permitted Uses" listed in
Subd.S.B and the "Standards for all Flood Fringe Uses" listed in Subd.5.E.
Standards for Flood Fringe P
....... All structures, includir
on fill so that the lowest floor
tted Uses:
;cessory structures, must be elevated
udinL- 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.
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 SubdA.D.5.
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.
The storage of any materials or equipment shall be elevated on
the regulatory flood protection elevation.
The provisions of Section 5.E of this Ordinance shall apply.
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.5.13.3 - 5.13.4 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 10.1) of this Ordinance.
Section 1050 (Overlay Districts) Page 37
June 23, 2011
- 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 -erade and not a structure's
basement or lowest floor if: 1) the enclosed area is above -grade on at
least one side of the 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:
Design and C
condition must be certified
e structure's design and as -built
i 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.
Specific Standards for Above - grade, Enclosed Areas. Above -
grade, fully enclosed areas such as crawl spaces or tuck under
garages must be designed to internally 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
That the enclosed area will be designed of flood
resistant materials in accordance with the FP -3 or FP -4
Section 1050 (Overlay Districts) Page 38
June 23, 2011
classifications in the State Building Code and shall be used
solely for building access, parking of vehicles or storage.
Basements, as defined by Subd.2.H of this Ordinance, shall be
subject to the following:
Residential basement construction shall not be allowed below
the regulatory flood protection elevation.
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.
..........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 -1 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.
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:
...................
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.
Section 1050 (Overlay Districts) Page 39
June 23, 2011
Storage of other materials or equipment maybe 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.
The provisions of Section 5.5 of this Ordinance shall also apply.
Standards for All Flood Fringe Uses:
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 determining that adequate flood warning time and local
flood emergency response procedures exist.
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.
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.
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.
Section 1050 (Overlay Districts) Page 40
June 23, 2011
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.
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.
Subd. 6. General Flood Plain District
- Permissible Uses:
The uses listed in Subd.4.A of this Ordinance shall be permitted
uses.
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.
- Procedures for Floodway and Flood Fringe Determinations Within the
General Flood Plain District.
........ 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 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.
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.
Section 1050 (Overlay Districts) Page 41
June 23, 2011
Photographs showing existing land uses, vegetation upstream and
downstream, and soil types.
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.
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 Resources' Area Hydrologist prior
to commencing the analysis. The designated engineer or expert shall:
a. Estimate the peak discharge of the regional flood.
..,Calculate the water surface profile of the regional flood based
upon a hydraulic analysis of the stream channel and overbank
areas.
Compute the floodway necessary to convey or store the regional
florid 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.
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
Section 1050 (Overlay Districts) Page 42
June 23, 2011
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.6.13 of this Ordinance to determine the 100 -
year flood 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 S. 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
Section 1050 (Overlay Districts) Page 43
June 23, 2011
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.
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.
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.S. of this Section. If
vehicular road access for pre - existing manufactured home parks is not
provided in accordance with Subd.E.1, 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.
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.
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:
Section 1050 (Overlay Districts) Page 44
June 23, 2011
Have current licenses required for highway use.
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.
The recreational vehicle and associated use must be permissible in
any pre- existing, underlying zoning use district.
.........Areas Exempted For Placement of Recreational Vehicles:
a. Individual lots or parcels of record.
Existing commercial recreational vehicle parks or
campgrounds.
Existing condominium type associations.
..........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 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 S. 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.
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June 23, 2011
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.B.0 of this Section.
Subd.10. Administration
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:''
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 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.
State and Federal Permits. Prior to granting a permit or
processing an application for a conditional use permit or variance, the
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June 23, 2011
Zoning Administrator shall determine that the applicant has obtained
all necessary state and federal permits.
................ ....................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.
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.
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.
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).
Section 1050 (Overlay Districts) Page 47
June 23, 2011
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.
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 = 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 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:
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.
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
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,
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June 23, 2011
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
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.
-- 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
kpeals. Appeals from any decision of the City Council may be
nd as specified in this community's official controls and also
iesota Statutes.
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
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June 23, 2011
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.
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.
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.
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
Specifications for building construction and materials,
flood proofing, filling, dredging, grading, channel improvement,
storage of materials, water supply and sanitary facilities.
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June 23, 2011
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.
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.
.........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.
ptibility of the proposed facility and its contents to flood
rid the effect of such damage on the individual owner.
iportance of the services provided by the proposed facility
community.
quirements of the facility for a waterfront location.
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.
The relationship of the proposed use to the comprehensive plan
and flood plain management program for the area.
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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
Such other factors which are relevant to the purposes of this
Section.
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.
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:
Modification of waste treatment and water supply facilities
Limitations on period of use, occupancy, and operation.
,Imposition of operational controls, sureties, and deed restrictions.
..........Requirements for construction of channel modifications,
compensatory storage, dikes, levees, and other protective
measures.
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
Section 1050 (Overlay Districts) Page 52
June 23, 2011
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.
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 11.1) 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 S. 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., S. 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
Section 1050 (Overlay Districts) Page 53
June 23, 2011
requirements of Subd.4. or S. 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.
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:
1. 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
Section 1050 (Overlay Districts) Page 54
June 23, 2011
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 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
.e_a.draft of the Ordinance amendment or technical
Section 1050 (Overlay Districts) Page 55
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SECTION 1060 - PERFORMANCE STANDARDS
1060.010 - Exterior Storage
Subd. 1. Outside Storage. As otherwise regulated, all outdoor storage is prohibited
except:
Clothes line poles and wires.
Construction and landscaping material if the are used on the
......... P g Y
premises for construction within 6 months.
......... Swings, slides and other play equipment.
Outdoor furniture and lawn and garden equipment.
Wood for burning in a fireplace, stove or furnace provided it is stored
as follows:
In a neat and secure stack, not exceeding 4 feet.
The wood stack is not infested with rodents.
The wood is not kept in a front yard.
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.
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 farming" 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.
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.
(.0.r-d....33.1.... p a .s.s,od O3- 09-0 ,6)
1060.020 - Refuse
Subd. 1. Storage of Garbage
No exterior i
Subd. 2.
and Trash
ration of trash or garbage is permissible.
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.
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.
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
Section 1060 (Performance Standards) Page 2
June 23, 2011
property within the City unless being used in conjunction with a
temporary service benefiting the premises.
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 - Screening
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:
All rooftop and ground mounted mechanical equipment shall be
buffered so as to mitigate noise in compliance with Section 1060.090 of
this Chanter.
..........,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.
Section 1060 (Performance Standards) Page 3
June 23, 2011
Rooftop mechanical equipment less than 3 feet in height shall be
exempt from the screening requirements of this Chapter.
1060.040 - Lighting
Subd. 1. Except for single- and two - family homes located within the residential zoning
districts, all exterior lighting shall comply with the following standards:
.Glare, whether direct or reflected, as differentiated from general
illumination shall not be visible beyond the limits of the site from which it
originates.
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.'
Maximum Intensity of Lighting and Glare:
:Any light or combination of lights shall not exceed one foot - candle
(meter reading) as
of a public street.
Any lighting shall I
beyond the property line.
prismatic control devices
the property line or the centerline
e arranged so as not to produce glare
Lenses, deflectors, shields, louvers, or
;hall be used to eliminate glare.
General Performance Standards:
........ Light fixtures and freestanding luminaires shall have a cutoff
angle of less than or equal to 90 degrees.
....... The height of a freestanding luminaire shall not exceed 30 feet
or extend above the roof line of the principal building, whichever is
less.
Freestanding luminaires used for outdoor athletic fields and
recreation areas that exceed the height limitation may be approved by
conditional use permit.
.........All canopy lighting for motor fuel stations shall be recessed
into the canopy.
Section 1060 (Performance Standards) Page 4
June 23, 2011
.... ............................... 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 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:A. General Provisions.
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.
Section 1060 (Performance Standards) Page 5
June 23, 2011
g. {ether aterials deemed aRpropriate and sub'ect to aRproval by
the Zoning Administrator.
egradation,
Finishes. Exterior building finishes in all districts except the CR
district shall consist of materials comparable in grade and quality to
the following:
Face Brick.
Natural stone
Section 1060 (Performance Standards) Page 6
June 23, 2011
�a,Decorath/econcrete block or integral colored block.
-cast concrete panels.
in place concrete or pre
:,,,Wood, provided the surfaces are finished for exterior use and
wood o[ proven exterior durability in used, isuch ancedar,
redwood, cypress.
Curtain wall panels of steel, fibervlax s and aluminum (non-
structural, non-load bearing), provided such panels are factory
fabricated and finished with a durable non-fade surface and their
Other materials deemed appropriate and subject to
Section lU6U (Performance Standards) Page
June 28,2Ull
........Accessory Buildings.
....Accessory buildings shall comply with the standards identified in
Section 1030.020 of this ordinance.
3. gricultural buildings ith metal
aLd-i-nZ and :.....: roofin may be allo ed b approval of the Zoning
Administrator via a Certificate of Co pliances provided then:
a. meet the standards adopted by the
b. ha : been treated with a factor applied color coating s stem
against any fadin or degradation.
Section 1060 (Performance Standards) Page 8
June 23, 2011
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:
The proposed building an
and value intended by th'E
rial maintains the quality, durability
ance.
..........The proposed building is compatible and in harmony with
other existing structures within the district and immediate geographic
area.
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
galvanized metal,
brick
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.
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
Section 1060 (Performance Standards) Page 9
June 23, 2011
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.
All site plans for single family homes must provide for location of a
one stall attached garage, whether or not construction is intended.
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.
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.
Handicap Parking. Handicapped parking spaces shall be provided as
applicable pursuant to Minnesota Statutes 168.021, as may be amended.
........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 previsions of Surd. 2 of this Section.
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:
Ordinance Compliance. Off -site parking shall be developed and
maintained in compliance with all requirements and standards of this
Chapter.
Section 1060 (Performance Standards) Page 10
June 23, 2011
Access. Reasonable access from off - street parking facilities to the use
being serviced shall be provided as determined by the Zoning
Administrator.
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.
:: :; 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.
......... 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.
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:
The City Engineer has reviewed the grading plan and finds that
surface water is managed in compliance with City and State
requirements.
A dust control program is provided by the landowner and
approved by the City Council.
Handicapped accessible routes are provided on site in compliance
with State and Federal requirements.
The gravel parking areas are fully screened to a height of 3 feet
......
from the public streets and adjoining properties.
The commercial development requiring the parking is seasonal in
nature (operates 9 months or less per calendar year).
Section 1060 (Performance Standards) Page 11
June 23, 2011
:,- Landscaped areas equal to 10 percent of the lot area shall be provided
in parking lots that contain space for 50 or more cars.
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.
:.;.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.
Off- Street Loading Areas. Loading areas established after March 23,
2004 shall be prohibited within 300 feet of residentially zoned or
guided property 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.
fnNd 20 5 passed 10-28-0111
i
Subd. 4. Parking Area Standards.
A. Setbacks.
1. Minimum Parking and Drive Aisle Setbacks shall be as follows:
Front - Same as the minimum front yard structure setback in the
zoning district.
Side and Rear - 10 feet.
case of properties which abut street easements, applicable
As shall be determined by the Zoning Administrator and relate
dway classification as identified in the Corcoran Comprehensive
B. Calculating Space.
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
Section 1060 (Performance Standards) Page 12
June 23, 2011
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.
S. 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 storage of inoperable vehicles unless approved by the
Zoning Administrator.
C. Design.
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.
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'
75°
9'3"
20'
19'6"
23'
90°
9'
18'6"
18'6"
26'
All compact car spaces are a minimum of 8 feet in width and 16
feet in length.
Signs and markings, as approved by the City, are placed and
maintained for compact car spaces.
All required off - street parking aisle widths are maintained.
The compact car stalls do not displace preferred handicap parking
stall locations.
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.
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 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.
..........Parking Ramps.
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
...:...............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.
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.
Section 1060 (Performance Standards) Page 14
June 23, 2011
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.
Parking Area Grades. The grade elevation of the required parking
area or portion thereof shall not exceed 5 percent.
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.
........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.
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.
..........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. S. 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:
The driveway shall serve a dwelling unit that has use of a two -stall
garage.
The driveway shall be under the direct control of the dwelling unit
served by the garage.
Section 1060 (Performance Standards) Page 15
June 23, 2011
The driveway shall measure at least 22 feet in length between the front of
the garage and the street, roadway or sidewalk; and
....................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.
Section 1060 (Performance Standards) Page 16
June 23, 2011
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
Housing
units in an apartment or townhome complex.
Senior Housing
1.5 s aces 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
com uted separately.
Public Facilities for gathering,
One space for every 4 seats, based on the
including:".". .. _
design capacity of the facility.
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
square feet of retail space and one parking
restaurants
space for each 35 square feet of dining area
Commercial Recreation
Bowling Alley
5 spaces per alley plus one space for each
300 s uare 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
Range
of 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 re uired.
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
One space per 300 square feet of floor area
Center or Health
Club
Manufacturing, Processing or
8 spaces plus one space for each 2
Fabricating Facility
employees on the largest shift A minimum
of 8 spaces plus one space per 500 square
feet of floor area is required.
Section 1060 (Performance Standards) Page 17
June 23, 2011
Warehousing and Wholesale
5 spaces plus one space for each 2
Facilities
employees on the largest shift A minimum
one space per 1,500 square feet of floor area
is re uired.
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
require ents.
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:
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.
Section 1060 (Performance Standards) Page 18
June 23, 2011
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 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:
The business shall be located on a site with direct access to a minor
arterial street, collector or service road.
The applicant shall demonstrate that such use will not significantly lower
the existing level of service on streets and intersections.
Section 1060 (Performance Standards) Page 19
June 23, 2011
rll I 727 nnccn 1 1,1_70 1141
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.
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:
Section 1060 (Performance Standards) Page 20
June 23, 2011
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:
Residential
per dwelling unit.
Non-Residential
minimum:
One overst
area or one
shall provide a minimum of one overstory tree
s. Non - residential uses shall contain at a
1,000 square feet of gross building floor
lineal feet of site perimeter, whichever is
One understory shrub for each 300 square feet of building or
one tree per 30 lineal feet of site perimeter, whichever is greater.
....... 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.
.........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
Section 1060 (Performance Standards) Page 21
June 23, 2011
Potted Bare Root or Balled and Burlapped
Shade Trees (overstory)
2.5 -inch diameter
Ornamental Trees (understory)
1.5 -inch diameter
Evergreen Trees (overstory)
4 -6 feet high
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:
Residential
per dwelling unit.
Non-Residential
minimum:
One overst
area or one
shall provide a minimum of one overstory tree
s. Non - residential uses shall contain at a
1,000 square feet of gross building floor
lineal feet of site perimeter, whichever is
One understory shrub for each 300 square feet of building or
one tree per 30 lineal feet of site perimeter, whichever is greater.
....... 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.
.........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
Section 1060 (Performance Standards) Page 21
June 23, 2011
materials may be substituted for public location planting at the
discretion of the City.
........ .............................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.
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.
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.
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.
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.
Loading and service areas shall be screened from properties guided or
zoned residential and from public streets.
Section 1060 (Performance Standards) Page 22
June 23, 2011
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.
fflrd� 207 passed 10-28-0111
Subd. 1. General Provisions. Except as otherwise provided herein, all fences and walls
within the City shall be subject to the following general provisions:
No fences or walls shall be placed on or extend into public rights -of-
.........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.
June 23, 2011
.................No physical damage of any kind shall occur to abutting property
during installation unless it is allowed under agreement with the adjacent
property owner.
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.
.........Specific Fence Standards. Except as otherwise provided herein, fences
may be allowed subject to the following specific standards:
Fences constructed of mate
exceeding 6 feet in height n
front setback line, as requir
s "with opacity of up to 100% and not
be located at or behind the minimum
For the principal structure on the lot.
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.
:.,..Fences over 6 feet in height shall meet all building setback
requirements for the zoning district in which it is located.
Fences not exceeding 6 feet in height, for uses other than one
and two family dwellings, may 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.
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
is for such lots as set forth in this Chapter.
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.
Fences for the agricultural uses on properties at least 10 acres in size
are not subject to the requirements of this section.
Section 1060 (Performance Standards) Page 24
June 23, 2011
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.
Subd. S. 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
Section 1060 (Performance Standards) Page 25
June 23, 2011
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.
confor its with existinCy streets and according to the. Vstem and standards
emplo� ed by the City.
1060.100 - Telecommunications Services
Subd. 1. Findings.
The City Council finds: The Fed'(
by the Telecommunications Act
revisions, grants the Federal Co
Communications Act of 1934 as amended
1996 ( "the Act "), and subsequent
7uications 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:
To regulate the location of telecommunication towers and facilities.
.........To protect residential areas and land uses from potential adverse
impacts of telecommunication towers and facilities.
Section 1060 (Performance Standards) Page 26
June 23, 2011
To minimize adverse visual impacts of telecommunication towers and
facilities through design, siting, landscaping, and innovative camouflaging
techniques.
To promote and encourage shared use and co- location of
telecommunication towers and antenna support structures.
_;° Jo 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.
To ensure that telecommunication towers and facilities are compatible
with surround land uses.
To facilitate the provision of wireless telecommunications services to
the residents and businesses of the City in an orderly fashion.
Subd. 2. Development of Towers; Approvals Required.
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.
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.
Preferred Locations. If co- location is not feasible, the preference for
on of new towers within the City is, in order of priority:
public property.
........Agricultural property.
Commercial /industrial property.
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.
Section 1060 (Performance Standards) Page 27
June 23, 2011
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.
S. Written information demonstratine the need for the tower at the
proposed site in light of the existing and proposed wireless
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.
8. Any other information that City Staff, Planning Commission or Council
deem necessary to consideration of the application.
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.
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.
Section 1060 (Performance Standards) Page 28
June 23, 2011
-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.
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.
Setback Requirements. All towers and accessory equipment must
comply with the following minimum setback requirements:
Towers and accessory equipment shall meet the setbacks of
the underlying zoning district. The tower may not encroach upon any
easements.
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.
..........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.
Setback requirements for towers are measured from the base
tower to the property line of the parcel on which it is located.
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.
June 23, 2011
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.
- Exterior Finish. Towers not requiring Federal Aviation
Administration painting or marking must have an exterior finish as
approved in the site plan.
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, unless more stringent fencing requirements are
required by Federal Communications Commission regulations.
Landscaping. Landscaping
support structures or telecorr
accordance with landscaping
Ground mounted equipment i
vegetation, except where a de
reflects and complements the
neighborhood.
s containing towers, antenna
ns facilities must be in
�quirements as approved in the site plan.
ust be screened from view by suitable
Ign of non - vegetative screening better
haracter of the surrounding
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.
Design. Towers must be of stealth design, if practical.
Removal of Towers. Abandoned or unused towers and associated
above- ground facilities must be removed within twelve months of the
Section 1060 (Performance Standards) Page 30
June 23, 2011
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.
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.
Maintenance. Towers must be maintained in accordance with the
following provisions.
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.
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.
,.,.,Towers, telecommunications facilities or antenna support
structures must be kept and maintained in good condition, order, and
repair.
... ... ... ..................Maintenance or construction on a tower, telecommunications
facilities or antenna support structure must be performed by qualified
maintenance and construction personnel.
Towers must comply with radio frequency emissions
standards of the Federal Communications Commission.
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.
Section 1060 (Performance Standards) Page 31
June 23, 2011
Subd. S. 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:
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.
The variance will not create a threat to the public health, safety or
welfare.
In the case of a reques
that the size of parcel upon which
tion to the setback requirement,
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
health, safety or welfare or is closer in proximity to a residentially zoned
land.
-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.
....In the case of a request for modification of the maximum height limit,
that the modification is necessary to:
ilitates co- location of telecommunications facilities in order
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.
Section 1060 (Performance Standards) Page 32
June 23, 2011
SECTION 1070 - ADMINISTRATION. PERMITS AND PROCEDURES
1070.010 - Zoning Amendments (Text and Map2)
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:
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.
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 Citv Council.
Notice of said hearing
feet of the boundary of the
e mailed to all owners of land within 350
perty in question.
Failure of a property owner to receive said notices shall not
......... P P tY
invalidate any such proceedings as set forth within this Chapter.
Notice of said hearing shall also be published in the official newspaper
at least 10 days prior to the hearing and consist of:
Legal property description.
escription of request.
Map detailing property location.
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.
Section 1070 (Administration, Permits and Procedures) Page 1
June 23, 2011
The applicant or a representative thereof may appear before the
Planning Commission in order to present information and answer
questions concerning the proposed request.
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.
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.
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.
Upon receiving said reports and recommendations, the City Council
shall have the option to set and hold a public hearing if deemed
necessary.
The applicant or a representative thereof may appear before the City
Council in order to present information and answer questions concerning
the proposed request.
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.
The amendment shall not become effective until such time as the City
Council approves an ordinance reflecting said amendment.
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.
Section 1070 (Administration, Permits and Procedures) Page 2
June 23, 2011
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:
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.
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:
.........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
Section 1070 (Administration, Permits and Procedures) Page 3
June 23, 2011
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.
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.
Notice of said hearing shall be published in the official newspaper at
least 10 days prior to the hearing.'
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.
Failure of a property owner to receive said notice shall not invalidate
any such proceedings as set forth within this Chapter.
The applicant or their representative may appear before the Planning
Commission in order to present information and answer questions
concerning the proposed request.
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.
........ 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.
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.
Section 1070 (Administration, Permits and Procedures) Page 4
June 23, 2011
...................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.
The applicant or a representative thereof may appear before the City
Council in order to present information and answer questions concerning
the proposed request.
.........Approval of a request shall require passage by a majority vote of the
full Council.
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:
Compliance with and effect upon the Comprehensive Plan, including
public facilities and capital improvement plans.
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.
The conditional use will not be injurious tot 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.
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.
Adequate public facilities and services are available or can be
reasonably provided to accommodate the proposed use.
Section 1070 (Administration, Permits and Procedures) Page 5
June 23, 2011
Subd. 4
Subd. S.
The conditional use shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
The conditional use and site conforms to performance standards as
specified by this Chapter.
Information Requirement.
The information required for all conditional use permit applications
shall be as specified in Section 1070.050, Subd. 6.
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:
.........Scope of operation of the proposed use, including methods and
materials utilized in operation.
Traffic
.... . . . . . . . . . . . . . .
Statement of
. . . .
surrounding area.
Statement of the en
the surrounding area.
Revocation.
.... Justification.
pact of the proposed use on the
ental impact of the proposed use on
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:
The conditions of the permit.
........The intent of this Chapter.
City Codes.
Other applicable regulations.
Section 1070 (Administration, Permits and Procedures) Page 6
June 23, 2011
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
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.
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.
.... 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:
..........Hours of op
Number of
ion of structures and /or premises.
odifications resulting in increased external
activities and traffic.
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.
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.
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
Section 1070 (Administration, Permits and Procedures) Page 7
June 23, 2011
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.
,........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
Section 1070 (Administration, Permits and Procedures) Page 8
June 23, 2011
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:
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:
.........The date stated in the pe
Upon violation of conditions under which the permit was issued.
Upon a change in the City's zoning regulations which render the use
nonconforming.
The redevelopment of the use and property upon which it is located to
ermitted'or conditional use as allowed within the respective zoning
Subd. S. 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
Section 1070 (Administration, Permits and Procedures) Page 9
June 23, 2011
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 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
The P� t n ;cc;Cit�r Council shall act as the Board of
Adjustment and Appeals.
The City Council shall not approve any variance application unless
they find failure to grant the variance will result in
on the applicant, ...
all of the following criteria have been met:
Section 1070 (Administration, Permits and Procedures) Page 10
June 23, 2011
Subd.3. Procedures.
An application for a variance shall be approved or denied pursuant to
Minnesota Statutes Additional City requirements are as
follows:
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 written description of the request for the variance, including
an explanation of compliance with the variance criteria set forth in
this section.
Supporting materials, as outlined in this Section and as
determined by the Zoning Administrator on a case -by -case basis.
...................
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 concerning operational factors, said
information to be declared necessary to establish performance
conditions in relation to all pertinent sections of this Chapter.
B:: 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 Boa-r- n " °¢ n tPlanning
Commission. At least 10 days before the date of the meeting, a written
Section 1070 (Administration, Permits and Procedures) Page 11
June 23, 2011
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.
Failure of a property owner to receive notice shall not
invalidate any such proceedings as set forth within this Chapter.
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 rdPlanninaCommission.
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.
The applicant or a representative thereof may appear before
the Planning Commission in order to present and
answer questions concerning the proposed request.
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.
The City Council shall not act upon the request until they have
A a report and recommendation from the F -4
and the City staff.
..Upon receiving said reports and recommendations 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 Commission
meeting.
.. 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.
Section 1070 (Administration, Permits and Procedures) Page 12
June 23, 2011
Approval of a request shall require passage by a majority vote
of the entire City Council.
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.
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.
The Zoning Administrator shall serve a copy of the final order
of the Board upon the petitioner by mail.
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. S. 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.
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
Section 1070 (Administration, Permits and Procedures) Page 13
June 23, 2011
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.
mra 71 --1 17 ?1 nn.. n— ii:... y1 --1 n7_na ntil
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:
Agricultural uses and tree farms in the A and RR districts.
Single family detached dwellings.
Two family attached dwellings.
Subd. 3. Sketch Plan.
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:
............................The proposed site with reference to existing development on
adjacent properties, at least to within 200 feet.
General location of proposed structures.
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June 23, 2011
Tentative street arrangements, both public and private.
Amenities to be provided such as recreational areas, open
space, walkways, etc.
General location of parking areas.
Proposed public sanitary sewer, water and storm drainage.
A statement showing the proposed density of the project and
the method of calculating said density.
Extent of and any proposed modifications to land within the
Overlay Districts as described and regulated in Section 1050.
.... 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 req
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:
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.
.......... Proof of Ownership or Authorization. The applicant shall supply proof
of ownership of the property for which the site plan approval is
requested or supply written authorization from the owner(s) of the
property in question to proceed with the requested site plan approval.
Section 1070 (Administration, Permits and Procedures) Page 15
June 23, 2011
Procedures.
....... 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.
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.
The applicant or their representative may appear before the
Planning Commission in order to present information and answer
questions concerning the proposed request.
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.
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.
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.
The applicant or their representative may appear before the
..................
City Council in order to present information and answer questions
concerning the proposed request.
Approval of a request shall require passage by a majority vote
of the entire City Council.
Subd. S. 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 limited to, compliance with the City Comprehensive Plan
and provisions of the Zoning Ordinance.
Section 1070 (Administration, Permits and Procedures) Page 16
June 23, 2011
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:
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.
Location, address (if assigned), legal description, and Hennepin
County property identification number (P.IN.) of the parcel.
Site Plan
wame anct actaress of cieveioper/
Name, address and Minnesota re
architect /designer /engineer.
;;..Date of plan preparation.
Dates and description of all revisions.
Name of project or development.
ber of
Scale of plan (engineering scale only, at one inch equals 50 feet or
less). All plan sheets shall be prepared using the same scale.
North point indication.
Site data computations including lot dimension, area, and building
coverage percentage.
Required and proposed setbacks.
Location, setback and dimension of all buildings on the lot
including both existing and proposed structures.
Total number of proposed dwelling units, if any.
Section 1070 (Administration, Permits and Procedures) Page 17
June 23, 2011
Location of all adjacent buildings, improvements and natural
resources located within 100 feet of the exterior boundaries of the
property in question.
Adjacent roadway widths.
j Y
.........Location, number, and dimensions of existing and proposed
parking spaces.
Location, number, and dimensions of existing and proposed
loading spaces.
Curb cuts, driveways.
Vehicular circulation.
Sidewalks, walkways.
Site lighting plan.
Sign Plan.
Location of recreational and service areas.
Location of rooftop equipment and proposed screening.
Provisions for storage and disposal of waste, garbage, and
recyclables.
Existing and proposed utility easements and fire hydrants.
Location, sizing, and type of water and sewer system mains
and proposed service connections.
Grading/Storm Water Drainage e Plan g
Existing contours at 2 -foot intervals.
Proposed grade elevations, 2 -foot maximum intervals.
Drainage plan including configuration of drainage areas and
calculations.
............... .....................Impervious surface area calculation.
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June 23, 2011
........... ..........................Storm sewer, catch basins, invert elevations, type of castings,
and type of materials.
........... ...........................Spot elevations.
Proposed driveway grades.
Surface water ponding and treatment areas.
Erosion control measures.
Location of proposed street lights, as well as utilities, including
electricity, gas, telephone, and CATV.
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.
S. Typical sections of landscape islands and planter beds with
identification of materials used.
6. Details of planting beds and foundation plantings.
Section 1070 (Administration, Permits and Procedures) Page 19
June 23, 2011
7. Note indicating how disturbed soil areas will be restored through the
use of sodding, seeding, or other techniques.
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.
Other Plans and Information
,.,.,.,.,,,Proof of ownership of the land for which site plan approval has been
requested.
Current Survey (within one year of application date).
.:.Architectural elevations of all principal and accessory buildings (type,
color, and materials used in all external surfaces).
"Typical" floor plan and "typical" room plan.
Fire Protection Plan.
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.
Type, location and size (area and height) of all signs to be erected
upon the property in question.
...........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.
Sound source control plan.
Subd. 7. Plan Modifications.
Minor Changes.
Section 1070 (Administration, Permits and Procedures) Page 20
June 23, 2011
Qualifications:
Structural additions involving 10 percent or less of the total
existing floor area.
Site expansions or modifications involving 10 percent or less of
the total existing site area.
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:
This Section shall apply to developments on file that have City
Council approved site plans.
Compliance with all Ordinance requirements, which shall be
construed to include all adopted policies and codes.
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.
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.
inor changes approved by the City shall be placed on file with the
ty Council approved plans.
ans not qualifying as minor shall be classified as major.
An amended site plan involving major changes shall be applied
ind administered in a manner similar to that required for a new
plan.
Subd.8. Expiration.
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
Section 1070 (Administration, Permits and Procedures) Page 21
June 23, 2011
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.
.... 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 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.
..........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:
Performance Agreement.
t.....,.,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.
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.
Financial Guarantee.
Section 1070 (Administration, Permits and Procedures) Page 22
June 23, 2011
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.
3. 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.
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.
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,
Section 1070 (Administration, Permits and Procedures) Page 23
June 23, 2011
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 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.
(.0rd:..21.1....p a .s.sod..12 -21. a4-;..Ord:..23.-l... -p a.s.sed..O.- 09-06.)
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 asset forth by the City Code shall accompany the
application.
Section 1070 (Administration, Permits and Procedures) Page 24
June 23, 2011
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.
S. 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.
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.
Section 1070 (Administration, Permits and Procedures) Page 25
June 23, 2011
E. 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 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 on -site parking, and other pertinent information required
by the Zoning Administrator to fully evaluate the application.
.........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.
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.
A copy of the current sales tax certificate issued by the State of
Minnesota, if applicable.
Information identified in Section 1070.050, as may be applicable.
Subd. S. 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.
Section 1070 (Administration, Permits and Procedures) Page 26
June 23, 2011
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.
1070.065 - Certificate of Compliance
Section 1070 (Administration, Permits and Procedures) Page 27
June 23, 2011
Section 1070 (Administration, Permits and Procedures) Page 28
June 23, 2011
Subd. 1. Purpose. The Development Rights Map reflects the number of 44 +g
development ri hts 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 44444%-+ g4development rights
Section 1070 (Administration, Permits and Procedures) Page 29
June 23, 2011
on property 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
Subd. 2.
Subd. 3.
Subd. 4
Administrative fees shall be charged to the applicant based on the fee
schedule adopted by City Council resolution.
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.
Fees shall be payable at the t
not refundable unless the ap
Commission review.
Any escrow not spent on applica
cations are filed with the City and are
is withdrawn prior to Planning
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.
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
Section 1070 (Administration, Permits and Procedures) Page 30
June 23, 2011
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. S. Procedure. The procedure for making such an appeal shall be as follows:
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.
_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.
The Board of Adjustment and Appeals shall make its decision by
resolution.
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.
Section 1070 (Administration, Permits and Procedures) Page 31
June 23, 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:
Periodically inspect buildings, structures, and uses of land to
determine compliance with the terms of this Chapter.
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.
7.
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.
- Maintain permanent and current records of the Zoning Ordinance,
including all maps, amendments, conditional uses and variances.
_ 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.
e, file and forward as applicable to the Board of Adjustment,
Commission, or City Council all applications for conditional use
permits, variances, amendments or development plans as required
herein.
Maintain the Development Rights Map.
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
Section 1080 (Enforcement Provisions) Page 1
June 23, 2011
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.
Section 1080 (Enforcement Provisions) Page 2
June 23, 2011
APPENDIX A - 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.
2.ar A tool that designers can use to incorporate general and specific approaches and
techniques in their plans that will achieve City design objectives.
3 .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 fallowing 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.
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.
Appendix A - Design Guidelines Page 1
June 23, 2011
General Design Guidelines
Recommendations for Overall Design Standards
GENERAL
• 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
location of new uses and buildings with resj
light and noise pollution. Where necessary,
be provided.
• New business parks should not be desi
also accommodate the small and mid -s
rural community.
STREETS, PUBLIC SPACE AND AMENITIES
ting residences in the design and
to shading, viewsheds, and potential
ropriate screening or buffering shall
only for larger businesses, but should
)usinesses that enhance Corcoran's
• All arterial roads should have a minimum 10`0 -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.
• 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.
Appendix A - Design Guidelines Page 2
June 23, 2011
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 D]
Marker with
incorporated
signage
design element
wall and
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
ORXjOtjjff "' Filtration
Stormwater Vegetation
Holding Pond
MorO formal
and groomed
landscaping
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.
Appendix A - Design Guidelines
June 23, 2011
Page 3
• 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.
■
�S
l
■ WN
IA 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 not possible they must be fully screened and buffered
to mitigate the noise and visual impacts.
Appendix A - Design Guidelines Page 4
June 23, 2011
-
..• Yr,•
■
�S
l
■ WN
IA 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 not possible they must be fully screened and buffered
to mitigate the noise and visual impacts.
Appendix A - Design Guidelines Page 4
June 23, 2011
Stormwater ponds, dry ponds and other stor
shall be designed to be attractive in both floo
plants for filtration around pond and wetlant
Sustainable design approaches to site and
water management and water shed quality is
Trail or sidewalk
aVVd1CJ pictmcu as a rain garden;
plants and soil provide filtration
water management or holding areas
�d and dry conditions; use of native
is encouraged.
3cape design, especially for storm
- --
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.
An * 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.
R Buildings should be oriented and designed to consider sun and shade, wind
exposure and snow drifting to avoid creating icy or dangerous conditions.
Appendix A - Design Guidelines Page 5
June 23, 2011
and covered from the weather
with accent
and graphics
of applied signs
ry with glazed
windows
Building entries should be visible from the main street or entry route, and
be well lit, covered or
ass doors where the
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 facade may have a unique design or more significant glazing; long
blank exterior surfaces shall be avoided.
Appendix A - Design Guidelines Page 6
June 23, 2011
u
tt
Rooftop equipment shall be screened
from the line of site of pedestrians
and integrated into the design and
massing of the roof form
Retail /Commercial Building
• 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
F -
� c
Parapet or
*#1 "i. . ,
enlarged
cornice
1 T Finish
Retail /Commercial
Building
Front corner view
of architectural
%M -
Pkv ew pf
r 1
element is co �ted in
3 Mensions Wish
IpMpaterials on �1 sides -
• 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.
Appendix A - Design Guidelines Page 7
June 23, 2011
Projectin
or Hangi
Sign
Wall
integrat
into
building
design
Pedestrian- Uriented Tenant signs
Awning Sign
Window Signs
A; ..Signage and lighting which is integrated into the design of the building is
encouraged.
,M
ry az "L M W ■ N
F}
b
W '
_ l i� ■ Yl
ii
■
e■
Regional Architectural Styles. The
design of buildings, particularly
important civic buildings, shall
reflect regional traditions.
Agrarian Style
Prairie Style
B = 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.
Appendix A - Design Guidelines Page 8
June 23, 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.
Access shall be from a new road network, for both business park and residential
uses, with connections to existing roads; cul -de -sacs are discouraged.
Appendix A - Design Guidelines Page 9
June 23, 2011
Appendix A - Design Guidelines Page 10
June 23, 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 Coun
business parks, with appropriate
• Retail uses should be limited to the c
101 and 30 intersection or included
oad 101 should be designed as high quality
ce, commercial and light industrial uses.
ercial area indicated near the County Road
n 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.
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.
Appendix A - Design Guidelines Page 11
June 23, 2011
• 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.
Appendix A - Design Guidelines Page 12
June 23, 2011
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Appendix A - Design Guidelines Page 13
June 23, 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 District are provided in the Downtown Illustrative Plan and Design
Guidelines section.
Appendix A - Design Guidelines Page 14
June 23, 2011
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
existing residen
existing single f
with well - designed tra
?t should be sensitive to
s from multi - family to
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 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.
Appendix A - Design Guidelines Page 15
June 23, 2011
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 disco
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 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
Appendix A - Design Guidelines Page 16
June 23, 2011
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 parkas 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
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 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.
Appendix A - Design Guidelines Page 17
June 23, 2011
• Rural architecture styles, such as prairie style, are encouraged, as are the use of
regional building materials and native plants and landscaping.
EMIA
Appendix A - Design Guidelines Page 18
June 23, 2011
i•
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Appendix A - Design Guidelines Page 19
June 23, 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.
GENERAL LAND USE
Appendix A - Design Guidelines Page 20
June 23, 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.
Appendix A - Design Guidelines Page 21
June 23, 2011
North end of linear town square is
anchored by an active use -
commercial, entertainment or cultural
Formal green space with band shell
or gazebo looking out over a wide
lawn (for community concerts or
other events)
Front door angled parking for mixed -
use buildings facing the square, as
well as for park events
Key intersection at County Road 116
and the new "Main Street" (Old County
Road 10/50). Improvements to the
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
sxisting commercial while still keeping
good visibility for these businesses. A
,iew frontage road provides safer access
ro these properties
Civic building anchors south end of
linear town square; front plaza provides
an opportunity for memorials, historical
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.
Appendix A - Design Guidelines Page 22
June 23, 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.
Sidewalk Zones
Seating Area
Parking zone defined
by curbing or change
of materials
the Downtown should be "zoned" to include on- street parking,
et trees, lighting, seating areas, a pedestrian or walking path
for other street furniture and commercial opportunities,
er 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.
Appendix A - Design Guidelines Page 23
June 23, 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.
Building identity signage
highlighted by architectural
elements (cornice)
Tenant signs incorporated
into building "sign band"
above the awning
Appendix A - Design Guidelines Page 24
June 23, 2011
• 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.
Appendix A - Design Guidelines Page 25
June 23, 2011
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Appendix A - Design Guidelines Page 27
June 23, 2011
105 South Fifth Avenue
Suite 513
Minneapolis, MN 55401
TO: Corcoran Planning Commission
FROM: Kendra Lindahl, Landform
DATE: May 23, 2011 for the June 2, 2011 Planning Commission Meeting
RE: Zoning Map Amendment
Application Request
Agenda Item 6_e.
5
Tel: 612 - 252 -9070
Fax: 612- 252 -9077
www.Iandform.net
The City has been working since April 2010 to prepare the new ordinances required to implement
the 2030 Comprehensive Plan. One of these tools is the Zoning Map. State Statutes require cities
to adopt a Zoning Ordinance and Zoning Map that is consistent with the Comprehensive Plan. The
2030 Comprehensive Plan is expected to be adopted in June and this draft Zoning Map is one of the
tools needed to implement the Comprehensive Plan as required by law.
2. Summary
The intent of this meeting is to finalize the draft Zoning Map. The Zoning Map includes the new
zoning district classifications.
No development of any type would be allowed until sewer and water are available and the land can
be developed consistent with the zoning district
Properties that are in the MUSA (Metropolitan Urban Service Area), but in the 2nd 3rd and 4th phase
of the sewer staging plan are zoned Urban Reserve (UR). This allows some limited development
prior to extension of sewer and water. When development is proposed, properties would need to be
rezoned to the zoning district that corresponds to the land use plan and district plans. The City
would have a high level of discretion when reviewing the rezoning and would have one more tool to
ensure that development will not occur until municipal services are available. The UR zoning would
also ensure that land owners have the ability to allow single family homes on well and septic with a
minimum lot size of 20 acres. Development of single family homes on 20 -acre lots would allow
landowners some use of the land until sewer and water become available, but would preserve large
parcels of land until municipal services become available.
3. Recommendation
The Planning Commission should recommend approval of the draft Zoning Map with the associated
Zoning Ordinance update.
The map would be adopted as part of the Ordinance approving the Zoning Ordinance Update.
Landform'", SensiblyGreen " and Site to Finish'" are service marks of Landform Engineering Company.
Attachments:
1. Draft Zoning Map
Zoning Map Amendment
June 2, 2011
y
Draft toning Map
w�e
s
31000 11500 0 3,000 feet
ttt Cemetery
d Church
Golf Course
011 Government Building
Public Park
2030 Metropolitan Urban SeNICeArea
City Limit
Open Water
UR Urban Reserve
RR Rural Residential
RSF-1 Single Family Residential 1
RSF-2 Single Family Residential 2
RSF-2R Single Family Residential 2R
RSF-3 Single and Two Family Residential 3
RMF-1 Medium Density Residential
RMF-2 Mixed Residential
RMF-3 High Density Residential
MP Mobile Home Park
P-1 Public Ihstitutional
TCR Transitional Rural Commercial
CR Rural Commercial
C-1 Neighborhood Commercial
C-2 Community Commercial
DMU Downtown Mixed Use
GMU General Mixed USe
BP Business District
1.1 Light Industrial
PUD Planned Unit Development
Shoreland Overlay District
June 2, 2011
1; 15041504081441GISIComPlanNap�zoning discussion.nd