HomeMy WebLinkAbout2011-06-23 - Council Agenda Packet - Part 6Zoning
Ordinance
City of Corcoran, Minnesota
THIS ZONING ORDINANCE IS SUBJECT TO PERIODIC AMENDMENTS TO REFLECT ZONING DISTRICT CHANGES (MAP)
AND LANGUAGE CHANGES. USERS ARE RESPONSIBLE FOR ASSURING THAT THEIR COPY OF THE ORDINANCE IS
CURRENT. THE CITY MAINTAINS A CURRENT LISTING OF ALL ORDINANCE AMENDMENTS.
THE CITY COUNCIL PERIODICALLY SUPPLEMENTS THE CITY CODE, INCLUDING THIS ORDINANCE, WITH POLICY
RESOLUTIONS WHICH ARE DEEMED PART OF THE ORDINANCE. COPIES OF SUCH POLICIES ARE AVAILABLE AT CITY
HALL.
City of Corcoran
8200 County Road 116
Corcoran, MN 55340
763.420.2288
Adopted June 23, 2011
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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
..............................3
1030.030
- MINIMUM RESIDENTIAL BUILDING STANDARDS ................................................................... ..............................9
.............................12
1030.040
- TEMPORARY STRUCTURES ............................................................................................... ..............................9
.............................18
1030.050
- RELOCATED STRUCTURES ................................................................................................ .............................11
.............................24
1030.060
- MINING AND SOILS PROCESSING ...................................................................................... .............................12
1040.060- RMF -1 (MEDIUM DENSITY RESIDENTIAL) DISTRICT ............................................................
1030.070
- BULK STORAGE (LIQUID) .............................................................................................. ...............................
15
1030.080
- HEIGHT LIMITATIONS ..................................................................................................... .............................15
RMF -3 (HIGH DENSITY RESIDENTIAL) DISTRICT .................................................................
1030.090
- ESSENTIAL SERVICES ...................................................................................................... .............................16
MP (MANUFACTURED HOME PARK) ...............................................................................
1030.100
- HOME OCCUPATIONS .................................................................................................... .............................17
CR (RURAL COMMERCIAL) .............................................................................................
SECTION 1040 - DISTRICT REGULATIONS ............................................................................. ............................... 1
1040.010 -
ESTABLISHMENT OF DISTRICTS .......................................................................................... ..............................1
1040.020 -URBAN
RESERVE DISTRICT ( UR) .......................................................................................
..............................3
1040.030-
RURAL RESIDENTIAL DISTRICT ( RR) ..................................................................................
.............................12
1040.040 -
RSF-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT ......................................................
.............................18
1040.045 -
RSF-2 (SINGLE FAMILY RESIDENTIAL) DISTRICT ..................................................................
.............................24
1040.050- RSF -3 (SINGLE AND TWO- FAMILY) DISTRICT .....................................................................
.............................29
1040.060- RMF -1 (MEDIUM DENSITY RESIDENTIAL) DISTRICT ............................................................
.............................33
1040. 065
- RMF-2 (MIXED RESIDENTIAL) DISTRICT ..........................................................................
.............................39
1040.070-
RMF -3 (HIGH DENSITY RESIDENTIAL) DISTRICT .................................................................
.............................43
1040.080-
MP (MANUFACTURED HOME PARK) ...............................................................................
.............................48
1040.090-
CR (RURAL COMMERCIAL) .............................................................................................
.............................55
1040.095 -TCR
(TRANSITIONAL RURAL COMMERCIAL) .......................................................................
.............................62
1040.100 -C -1 (NEIGHBORHOOD COMMERCIAL) ..............................................................................
.............................65
1040.110 -C -2 (COMMUNITY COMMERCIAL) ...................................................................................
.............................70
1040.120 -BP
(BUSINESS PARK) ....................................................................................................
.............................76
1040.125 -
1-1 (LIGHT INDUSTRIAL) .................................................................................................
.............................79
1040.130-
DOWNTOWN MIXED USE (DMU) DISTRICT ......................................................................
.............................85
1040.135 -
GENERAL MIXED USE (GMU) DISTRICT ............................................................................
.............................94
1040.140-
PUD (PLANNED UNIT DEVELOPMENT) ............................................. ...............................
............................102
1040.140- PI (PUBLIC/INSTITUTIONAL) ........................................................... ...............................
............................110
Table of Contents Page 1
June 23, 2011
SECTION 1050 - OVERLAY DISTRICTS ................................................................................... ............................... 1
1050.010 - WETLAND OVERLAY DISTRICT ........................................................................................... ..............................1
1050.020 - SHORELAND OVERLAY DISTRICT ....................................................................................... .............................12
1050.030 - FLOOD PLAIN OVERLAY DISTRICT ..................................................................................... .............................29
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 ..............................................................................................................
.............................19
1060.080
- FENCES AND WALLS .......................................................................................................
.............................22
1060.090
- GENERAL PERFORMANCE STANDARDS
.............................................................................. .............................23
1060.100-
TELECOMMUNICATIONS SERVICES ....................................................................................
.............................25
SECTION 1070 - ADMINISTRATION, PERMITS AND PROCEDURES ......................................... ............................... 1
1070.010
- ZONING AMENDMENTS (TEXT AND MAP) .......................................................................... ..............................1
1070.020
- CONDITIONAL USE PERMITS ............................................................................................ ..............................3
..............................9
1070.030
- INTERIM USES ............................................................................................................... ..............................8
SOUTHEAST DISTRICT DESIGN GUIDELINES ...........................................................................................
1070.040
- VARIANCES .................................................................................................................. .............................10
.............................................................. .............................20
1070.050
-SITE PLAN ................................................................................................................... .............................14
1070.060-
ADMINISTRATIVE PERMITS AND APPROVALS ...................................................................... .............................24
1070.065
- CERTIFICATE OF COMPLIANCE ......................................................................................... .............................26
1070.070-
DEVELOPMENT RIGHTS MAP .......................................................................................... .............................29
1070.080-
FEES .......................................................................................................................... .............................29
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.
2. Protecting the public health, safety, morals, comfort, convenience and general
welfare.
3. Facilitating adequate provisions for transportation, water, sewage, schools, parks,
and other public requirements.
4. Balancing residential, commercial and industrial development and population to
provide a tax base that can adequately supply the necessary level of services within
the City.
5. Providing convenient retail sales and service centers for residents.
6. Facilitating continuation of commercial agriculture within the City.
7. Minimizing conflicts between land used for agricultural production and land
demanded for development.
8. Conserving natural resources and maintaining a high standard of environmental
quality.
9. Conserving the natural, scenic beauty, rural character, and attractiveness of the
Corcoran countryside.
10. Providing for the administration of this Ordinance.
11. Defining the powers and duties of the administrative officers and bodies.
12. Prescribing penalties for the violation of the provisions of this Ordinance.
1010.030 - Application of this Ordinance
Subd. 1. In their interpretation and application, the provisions of this Ordinance shall
be held to the minimum requirements for the promotion of the public, health,
safety and welfare.
Subd. 2. Where the conditions imposed by any provisions of this Ordinance are either
more or less restrictive than comparable conditions imposed by other law,
ordinance, rule or regulation of the city, state, or federal government, the law,
ordinance, rule, or regulation which imposes the more restrictive condition,
standard or requirement shall prevail.
Subd. 3. No structure shall be erected, converted, enlarged, reconstructed or altered,
and no structure or land shall be used for any purpose nor in any manner
which is not in conformity with the provisions of this Ordinance.
Section 1010 (Title, Purpose and Intent) Page 1
June 23, 2011
Subd. 4. Except as herein provided, no building, structure or premises shall hereafter
be used or occupied and no building permit shall be granted that does not
conform to the requirements of this Ordinance.
Subd. 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
The existing zoning regulations entitled, "Zoning Ordinance" as passed on March 23, 2004
and as subsequently amended, are repealed. The adoption of this chapter, however, shall
not affect nor prevent any pending or future prosecution of, or action to abate, an existing
violation of prior regulations.
1010.090 - Effective Date
The Zoning Ordinance shall become effective at the date specified by the enabling
ordinance
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 of 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 "shall" and "must" are mandatory, and the words "may" and "should" are
permissive.
D. The masculine gender includes the feminine and neuter genders.
E. Whenever a word or term is defined and appears in the text of this Ordinance, its
meaning shall be construed as set forth in such definition.
F. All measured distances expressed in feet shall be in the nearest tenth of a foot.
G. In event of conflicting provisions, the more restrictive provisions shall apply.
H. For terminology not defined in this Ordinance, the City Code, the Minnesota State
Building Code, or the Webster's Dictionary shall be used to define such terms.
I. In the event of a conflict between text and graphics, the text shall apply.
1020.020 - Definitions
ACCESSORY BUILDING: A subordinate building, or a portion of the main building which is
located on the same lot or parcel as the main building and the use of which is clearly
incidental to that of the main building or to the use of the premises.
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
ACREAGE, GROSS: The total acreage of the land area, based on the predevelopment
conditions of the site. Existing public streets are deducted from the predevelopment land
area.
ACREAGE, NET: The gross land area minus wetlands and areas below the 100 -year
ordinary high water elevation. For proposed developments, net acreage is based on the
predevelopment conditions of the site. Existing public streets are deducted from the
predevelopment land area.
AGRICULTURAL USE: The production, for sale, of livestock, dairy animals, dairy products,
poultry, or poultry products, fur - bearing animals, horticultural or nursery stock, fruit,
vegetables, forage, grains, timber, trees or bees and apiary products.
AGRICULTURAL BUILDING: An accessory building located on residential property for the
exclusive use of an Agricultural Use. Agricultural buildings shall not be used for storage of
personal or business vehicles or materials unrelated to the Agricultural Use. To be
classified as an agricultural building for the purposes of the Zoning Ordinance, the building
Section 1020 (Rules and Definitions) Page 1
June 23, 2011
must be located on a minimum of 10 contiguous acres that are used for agricultural
purposes.
ALLEY: A public right -of -way which provides a secondary means of access to abutting
property.
BASEMENT: A portion of a building located partly underground but having half or more of
its floor to ceiling height below the average grade of the adjoining ground.
BED AND BREAKFAST: A single family dwelling in which four (4) or fewer transient guest
rooms are rented on a nightly basis for periods of less than one (1) week and where at least one
(1) meal is offered in connection with the provision of sleeping accommodations only.
BOARDINGHOUSE (ROOMING OR LODGING HOUSE): A building other than a motel or hotel
where, for compensation and by prearrangement for definite periods, meals or lodgings are
provided for three or more persons, but not to exceed 20 persons.
BUILDING: Any structure having a roof which may provide shelter or enclosure of persons,
animals, chattel, or property of any kind and when said structures are divided by party
walls without openings, each portion of such building so separated shall be deemed a
separate building. For the purpose of this definition, "roof" shall include an awning or
other similar coverings, whether or not they are permanent in nature.
BUILDING AREA: The total floor area of the structure.
BUILDING FOOTPRINT: The horizontal area measured within the outside of the exterior
walls of the ground floor of the structure.
BUILDING HEIGHT: The vertical distance to be measured from the grade of a building line
to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the
roof directly above the highest wall of a shed roof, to the upper most point on a round or
other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.
BUILDING INSPECTOR OR BUILDING OFFICIAL: Individual so designated and authorized
by the Corcoran City Council.
BUILDING LINE: A line parallel to the street right -of -way, street easements or ordinary
high water level at any story level of a building and representing the minimum distance
that all or any part of the building is set back from said right -of -way, easement or ordinary
high water level. The case of street easements, the building line shall be the required front
yard plus 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.
DAY CARE 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. Day Care facilities include, but are not limited to: family day care homes, group
family day care homes, day care 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.
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).
Section 1020 (Rules and Definitions) Page 3
June 23, 2011
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, SENIOR (AGE RESTRICTED): 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, MULTIPLE FAMILY: Three or more dwelling units grouped into one building,
including apartments.
DWELLING, SINGLE FAMILY: A building designed for and occupied exclusively by one
family.
DWELLING, TWO FAMILY: A building designed for occupancy by 2 families in separate
dwelling units.
DWELLING UNIT: A residential building or portion thereof intended for occupancy by one
or more persons with facilities for living, sleeping, cooking and eating, but not including
hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor
homes, or travel trailers.
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 surface or subsurface removal of sand, gravel, rock,
industrial minerals, other non - metallic minerals and peat not regulated under Minnesota
Statutes, Section 93.44 to 93.51.
FAMILY: An individual or a group of two or more persons each related by blood, marriage,
adoption, or foster care arrangement living together as a single housekeeping unit, or a
group of not more than four persons not so related, maintaining a common household, and
using common cooking and kitchen facilities, exclusive of usual servants.
FLOOD RELATED:
ACCESSORY USE OR STRUCTURE: a use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or structure.
BASEMENT: means any area of a structure, including crawl spaces, having its floor
or base subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level.
CONDITIONAL USE: means a specific type of structure or land use listed in the
official control that may be allowed but only after an in -depth review procedure and
with appropriate conditions or restrictions as provided in the official zoning
controls or building codes and upon a finding that:
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 representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100 -year
recurrence interval. Regional flood is synonymous with the term "base flood" used
in a flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection
elevation shall be an elevation no lower than two feet above the elevation of the
regional flood plus any increases in flood elevation caused by encroachments on the
flood plain that result from designation of a floodway.
STRUCTURE: anything constructed or erected on the ground or attached to the
ground or on -site utilities, including, but not limited to, buildings, factories, sheds,
detached garages, cabins, manufactured homes, recreational vehicles not meeting
the exemption criteria specified in Subd.9.C.1 of Section 1050.030 of the Zoning
Ordinance and other similar items.
SUBSTANTIAL DAMAGE: means damage of any origin sustained by a structure
where the cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage
occurred.
SUBSTANTIAL IMPROVEMENT: within any consecutive 365 -day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair
after damage, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
"substantial damage," regardless of the actual repair work performed. The term
does not, however, include either:
Section 1020 (Rules and Definitions) Page 7
June 23, 2011
1. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions.
2. Any alteration of an "historic structure," provided that the alteration will not
preclude the structure's continued designation as an "historic structure." For
the purpose of this Ordinance, "historic structure" shall be as defined in Code
of Federal Regulations, Part 59.1.
VARIANCE: means a modification of a specific permitted development standard
required in an official control including this Section to allow an alternative
development standard not stated as acceptable in the official control, but only as
applied to a particular property for the purpose of alleviating a practical difficulty or
unique circumstance as defined and elaborated upon in a community's respective
planning and zoning enabling legislation.
FLOOR AREA: The sum of the gross horizontal areas of the several floors of the building
measured from the exterior faces of the exterior walls or from the centerline of walls
separating two buildings. The floor area of a building shall include basement floor area,
penthouses, attic space having headroom of seven feet or more, interior balconies and
mezzanines, lean -tos, enclosed porches and floor area devoted to accessory uses. However,
any space devoted to mechanical equipment, stairwells, elevator shafts, parking or loading
shall not be included in floor area for the purposes of parking calculations.
GARAGE, PRIVATE: An accessory building or accessory portion of the principal building
which is intended for and used to store the private passenger vehicles of the family or
families who reside upon the premises.
GARDEN CENTER: A place of business where retail and wholesale garden products are
sold to the retail consumer and may include nurseries and greenhouses. These centers
import the majority of the items sold. These centers may also include the sale of
handicrafts, nursery products, fertilizer, potting soil, mulch, rock and other garden
supplies, including power equipment, such as garden tractors, lawnmowers, farm
equipment, etc.
GOVERNING BODY: Corcoran City Council.
GOVERNMENT BUILDING: A building that is operated by the U.S. federal government, State
of Minnesota, Metropolitan Council, Hennepin County, or City of Corcoran for purposes of
carrying out governmental duties. The definition does not include publicly or privately
operated school facilities (e.g., classrooms, administrative offices, maintenance buildings).
GREENHOUSE: A building used for the cultivation or protection of trees, plants, flowers,
vegetable and nursery stock for subsequent sale or seasonal enjoyment. Greenhouses
include hoop houses and may be permanent or portable.
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June 23, 2011
HOTEL: A building which provides a common entrance lobby, halls and stairway and 3 or
more guest rooms intended to be used for temporary lodging for compensation, whether
with or without meals.
HOME OCCUPATION: A Home Occupation is any gainful occupation or profession engaged
in by the legal resident of a dwelling, at or from the dwelling, or from an accessory building.
Home Occupations in this Ordinance are identified as allowed, special (requiring an
administrative permit) and conditional home occupations (requiring an interim use
permit).
JUNK YARD: An open area where waste, used or second hand materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled, including but not limited to,
scrap, iron and other metals, paper, rags, rubber, ties, and bottles. A junk yard includes an
auto - wrecking yard, but does not include uses established entirely within enclosed
buildings. This definition does not include sanitary landfills.
KENNEL, COMMERCIAL: A structure or premises where dogs are kept or possessed for the
business of boarding, breeding, grooming and or training for profit.
KENNEL, HOBBY: A structure or premises that is located in a residential area that is not
operated as a business for the sale, breeding, grooming, boarding, or training but rather as
a hobby. Wherein the dogs are kept exclusively as personal /family pets.
LANDSCAPING: Alteration of the natural terrain, including the planting of trees, grass,
shrubs, and ground cover.
LOT: A parcel or portion of land in a subdivision or plat of land, separated from other
parcels or portions by description as on a subdivision of record or survey map, for the
purpose of sale or lease or separate use thereof.
LOT AREA: The area of a lot in a horizontal plane bounded by the lot lines.
LOT, CORNER: A lot situated at the junction of, and abutting on two or more intersecting
streets, or a lot at the point of deflection in alignment of a continuous street, the interior
angle of which does not exceed 135 degrees.
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line
of a lot.
LOT LINE: The property line bounding a lot except that where any portion of a lot extends
into an easement for public right -of -way, the line of such public right -of -way shall be the lot
line for applying this Ordinance.
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LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public
street, and in the case of a corner lot it shall be the shortest dimension on a public street. If
the dimensions of a corner lot are equal, the front lot line shall be designated by the owner
and filed with the City. However, both front lot lines shall be subject to the front yard
setback requirements.
LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear line
is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a
line 10 feet in length within the lot, parallel to, and at the maximum distance from the front
lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD: Any lot which is one unit of a plat duly approved and filed, or one unit of
an Auditor's Subdivision or a Registered Land Survey that has been recorded in the Office
of the Register of Deeds or Registrar of Titles for Hennepin County, Minnesota, prior to the
effective date of this Ordinance.
LOT, THROUGH: A lot which has a pair of opposite lot lines abutting two substantially
parallel streets, and which is not a corner lot. On a through lot, both street lines shall be
from lot lines for applying this Ordinance.
LOT WIDTH: The maximum horizontal distance between the side lot lines of a lot
measured at the required front lot line or ordinary high water level of the shoreline.
MINING: The extraction of sand, gravel, rock, soil or other materials from the land in the
amount of 301 cubic yards or more and the removing thereof from the site without
processing shall be mining. The only exclusion from this definition shall be removal of
materials associated with construction of a building provided such removal is an approved
item in the building permit.
MANUFACTURED HOME: Any manufactured housing unit designed for transportation on
streets and highways on its own wheels or on flatbed or other trailers, and a dwelling
complete and ready for occupancy, except for minor and incidental unpacking and
assembly operations, location on jacks or permanent foundations, connection to utilities
and the like.
MANUFACTURED HOME PARK: An area which lots are rented for the placement of non -
transient occupied manufactured homes.
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.
Section 1020 (Rules and Definitions) Page 10
June 23, 2011
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.
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.
Section 1020 (Rules and Definitions) Page 11
June 23, 2011
RECREATION, COMMERCIAL: Includes all uses such as bowling alleys, driving ranges, and
movie theaters that are privately owned and /or operated with the intention of earning a
profit by providing entertainment for the public.
RECREATION EQUIPMENT: Play apparatus such as swing sets and slides, sandboxes, poles
for nets, stands, and similar equipment or structures but not including tree houses,
swimming pools, playhouse exceeding 25 square feet of floor area, or sheds utilized for
storage of equipment.
RECREATION, PUBLIC: Includes all uses such as tennis courts, ball fields, picnic areas, and
the like that are commonly provided for the public at parks, playgrounds, community
centers, and other sites owned and operated by a unit of government for the purpose of
providing recreation.
RESIDENTIAL FACILITY, STATE LICENSED: Any facility licensed by the Minnesota
Department of Human Services, public or private, which for gain or otherwise regularly
provides one or more persons with twenty -four (24) hour per day substitute care, food,
lodging, training, education, supervision, habilitation, rehabilitation, and treatment they
need, but which for any reason cannot be furnished in the person's own home. Residential
facilities include, but are not limited to: state institutions under the control of the
Commissioner of Public Welfare, foster homes, halfway houses, residential treatment
centers, maternity shelters, group homes, residential programs or schools for handicapped
children.
SEASONAL PRODUCE STAND: A temporary and transient business within the city, selling
the products of the farm or garden occupied and cultivated by the operator; where the
operator conducts the business in or on a building, structure, vacant lot, motor vehicle
trailer, or railroad car, on a site other than the property on which the produce is grown and
cultivated.
SETBACK: The minimum horizontal distance between a structure and the nearest lot line,
except that if an outlot for a public trail separates such lot line from a street right -of -way,
setback shall mean the minimum horizontal distance between a structure and the street
right -of -way line. Additionally, within the shoreland districts setback shall mean the
minimum horizontal distance between a structure or a sewage treatment system and the
ordinary high water level. For purposes of earth shelter buildings only, above grade
portions shall be used in determining setback requirements. In all cases, distances are to
be measured from the most outwardly extended portion of the structure at ground level,
except as provided hereinafter.
SEWAGE TREATMENT SYSTEM: On -site means for disposing and treating human and
domestic waste such as a septic tank and soil absorption system or other system allowed
by state and city regulations; used where authorized by the City when access to the
municipal sewer system is not required or feasible.
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June 23, 2011
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):
1. Part or all of the feature is located in a shoreland area.
2. The slope rises at least 25 feet above the ordinary high water level of the
water body.
3. 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.
4. The slope must drain toward the water body.
BLUFF IMPACT ZONE: A bluff and land located within 20 feet from the top of a bluff.
COMMISSIONER: The Commissioner of the Department of Natural Resources.
DWELLING SITE: A designated location for residential use by one or more persons
using temporary or movable shelter, including camping and recreational vehicle
sites.
INTENSIVE VEGETATION CLEARING: the complete removal of trees or shrubs in a
contiguous patch, strip, row, or block.
ORDINARY HIGH WATER LEVEL: the boundary of public waters and wetlands; it is
an elevation delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape. Commonly, that
point where the natural vegetation changes from predominantly aquatic to
predominately terrestrial. For watercourses, the ordinary high water level is the
elevation of the top of the bank of the channel. For reservoirs and flowages, the
ordinary high water level is the operating elevation of the normal summer pool.
PUBLIC WATERS: any waters defined in Minnesota Statutes, section 103G.005,
subdivisions 15 and 15a.
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June 23, 2011
SENSITIVE RESOURCE MANAGEMENT: the preservation and management of areas
unsuitable for development in their natural state due to constraints such as shallow
soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes,
susceptibility to flooding, or occurrence of flora or fauna in need of special
protection.
SHORE IMPACT ZONE: the land located between the ordinary high water level of a
public water and a line parallel to it at a setback of 50 percent of the structure
setback.
SHORELAND: land located within the following distances from public waters: 1,000
from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a
river or stream, or the landward extent of a floodplain designated by ordinance on a
river or stream, whichever is greater. The limits of shorelands may be reduced
whenever the waters involved are bounded by topographic divides that extend
landward from the waters for lesser distances and when approved by the
Commissioner of the Department of Natural Resources.
SHORELINE BUFFER AREA: An area of unvegetated ground cover abutting a
shoreline of a lake, stream or wetland that is unmown, undisturbed or re-
established to meet the requirements of Section 1050.010 of this Ordinance.
SIGNIFICANT HISTORIC SITE: any archaeological site, standing structure, or other
property that meets the criteria for eligibility to the National Register of Historic
Places, or is listed in the State Register of Historic Sites, or is determined to be an
unplatted cemetery that falls under the provisions of Minnesota Statutes, section
307.08. A historic site meets these criteria if it is presently listed on either register
or if it is determined to meet the qualifications for listing after review by the
Minnesota state archaeologist or the director of the Minnesota Historical Society.
All unplatted cemeteries are automatically considered to be significant historic sites.
STEEP SLOPE: Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's
soil characteristics, as mapped and described in available county soil surveys or
other technical reports, unless appropriate design and construction techniques and
farming practices are used in accordance with the provisions of this ordinance.
Where specific information is not available, steep slopes are lands having average
slopes over 18 percent, as measured over horizontal distances of 50 feet or more
and that are not bluffs.
TOE OF THE BLUFF: The lower point of a 50 -foot segment with an average slope
exceeding 18 percent.
TOP OF THE BLUFF: The lower point of a 50 -foot segment with an average slope
exceeding 18 percent.
Section 1020 (Rules and Definitions) Page 14
June 23, 2011
WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY: a small, above ground
building or other improvement, except stairways, fences, docks, and retaining walls,
which, because of the relationship of its use to a surface water feature, reasonably
needs to be located closer to public waters than the normal structure setback.
Examples of such structures and facilities include boathouses, gazebos, screen
houses, fish houses, pump houses, and detached decks.
STORY: That portion of the building included between the surface of any floor and the
surface of the floor next above it, or if there is no floor above it, the space between such
floor and the ceiling next above it.
STREET: A public right -of -way for vehicular traffic, whether designated as a highway,
thoroughfare, arterial, parkway, collector, throughway, road, avenue, boulevard, lane,
place, drive, court or otherwise designated, which has been dedicated or deeded to the
public for public use and which provides the principal means of access to abutting
property.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, which would
prolong the life of the supporting members of a building, such as bearing walls, columns,
beams, girders or foundations.
STRUCTURE: Anything constructed, the use of which requires more or less permanent
location on the ground; or attached to something having a permanent location on the
ground.
SUBDIVISION: Any division or rearrangement of land, except for those separations:
1. 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;
2. Creating cemetery lots;
3. Resulting from court orders or the adjustment of a lot line by the relocation of a
common boundary.
TAVERN: Any use in which the primary purpose is the sale of alcoholic beverages for on-
premises consumption, which may or may not include dancing.
TELECOMMUNICATIONS RELATED:
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.
Section 1020 (Rules and Definitions) Page 15
June 23, 2011
STEALTH: Designed to blend into the surrounding environment; examples of
stealth facilities include, without limitation, architecturally screen roof - mounted
antennas, antennas integrated into architectural elements, and telecommunication
towers designed to appear other than as a tower, such as light poles, power poles,
and trees.
TELECOMMUNICATIONS FACILITIES: Cables, wires, lines, wave guides, antennas or
any other equipment or facilities associated with the transmission or reception of
communications located or installed on or near a tower or antenna support
structure; the term does not include:
1. A satellite earth station antenna two meters in diameter or less located in an
industrial or commercial district.
2. 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
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 practical difficulties, or that strict
Section 1020 (Rules and Definitions) Page 16
June 23, 2011
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,
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.
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June 23, 2011
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:
1. A predominance of hydric soils
2. 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
3. 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
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,
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June 23, 2011
Wildlife and /or Fishery Habitat, Aesthetics/ Recreation) when evaluated using the
Minnesota Rapid Assessment Method for Evaluating Wetland Functions.
WETLANDS, LOW QUALITY: These wetlands have usually been substantially altered
by human activities, and ranked Low in Wetland Function Level for most categories
(Floral Diversity/ Integrity, Flood /Stormwater Attenuation, Water Quality
Protection, Wildlife and /or Fishery Habitat, Aesthetics /Recreation) when evaluated
using the Minnesota Rapid Assessment Method for Evaluating Wetland Functions.
YARD: A required open space on a lot which is unoccupied and unobstructed by a structure
from its lowest level to the sky except as permitted in this Ordinance. The yard extends
along the lot line at right angles to such lot line to a depth or width specified in the setback
regulations for the zoning district in which such lot is located.
YARD, FRONT: A yard extending along the full width of the front lot line between side lots
lines and extending from the abutting street right -of -way line to a depth required in the
setback regulations for the zoning district in which such lot is located.
YARD, REAR: The portion of the yard on the same lot with the principal building located
between the rear line of the building and the rear lot line and extending for the full width of
the lot.
YARD, SIDE: The yard extending along the side lot line between the front and rear yards to
a depth or width required by setback regulations for the zoning district in which such lot is
located.
ZONING ADMINISTRATOR: Individual or firm so designated and authorized by the
Corcoran City Council.
ZONING DISTRICT: An area or areas within the limits of the City for which the regulations
and requirements governing use are uniform.
ZONING DISTRICT AMENDMENTS: A change authorized by the governing body either in
the allowed use within a district or in the boundaries of a district.
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.
A. Effective Date. The legal use of buildings or land existing at the effective
date of this ordinance, which does not conform to the provisions of this
ordinance may be continued, but shall not be enlarged or increased nor
shall it be expanded to occupy a greater area of the building or land
occupied at the time of adoption of this ordinance. Furthermore, a non-
conforming use may not be moved to another portion of the land or
building.
B. Continued Use. Non - conforming uses shall not be expanded, but may be
continued at the same size and in the same manner of operation as it
existed on the date it became a legal, non - conforming use.
C. Changes to Non - Conforming Uses.
When a legal, non - conforming use of any structure or land in any
district has been changed to a conforming use, it shall not thereafter
be changed to any non - conforming use.
2. A legal, non - conforming use of a structure or parcel of land may be
changed to lessen the non - conformity of use. Once a non - conforming
structure or parcel of land has been changed, it shall not thereafter be
so altered to increase the non - conformity.
D. Discontinuance. In the event that a non - conforming use of any building
or lot is discontinued for a period of one year, the use of the same shall
thereafter conform to the regulations of the district in which it is located.
E. Normal Maintenance. Maintenance of a building or other structure
containing or used by a non - conforming use will be permitted when it
includes necessary non - structural repair and incidental alterations which
do not extend or intensify the non - conforming building or use.
Section 1030 (General Requirements) Page 1
June 23, 2011
Subd. 3. Non- Conforming Buildings and Structures.
A. Restoration. No legal, non - conforming use, building or structure which
has been damaged by fire, explosion, act of God, or other peril, to the
extent of greater than 50 percent of its market value, as determined by
the City Building Official, and no building permit has been applied for
within 180 days of when the property was damaged, shall be restored,
except in conformity with the regulations of this Ordinance.
B. Alterations. Alteration and normal maintenance to a legal, non-
conforming building or structure may be made provided:
1. The alterations do not expand the building size.
2. The alterations do not change the building occupancy capacity or
parking demand.
3. The alteration does not increase the non - conformity of the building or
the use.
C. Expansion of Non - Conforming Buildings or Structures.
Administrative Approvals. The following expansions of legal, non-
conforming building and structures may be approved if the Zoning
Administrator determines that the building expansion will have no
external negative impacts upon adjacent properties or public rights -
of -way.
a. Expansion of buildings found to be non - conforming only by reason
of height, yard setback, or lot coverage area may be permitted
provided the structural non - conformity is not increased and the
expansion complies with the performance standards of this
Ordinance.
2. Conditional Use Permit. Legal, non - conforming commercial,
industrial, public, semi - public, and multiple - family structures may be
expanded on the same lot by conditional use permit provided:
a. The expansion will not increase the non - conformity of the building
or site.
b. The new building expansion will conform to all the applicable
performance standards of this Ordinance. A conditional use
permit shall not be issued under this section for a deviation from
Section 1030 (General Requirements) Page 2
June 23, 2011
other requirements of this Ordinance unless variances are also
approved.
c. The request for conditional use permit shall be evaluated based on
standards and criteria set forth in this Ordinance.
Subd. 4. Non - Conforming Lots.
A. Vacant or Redeveloped Lots.
A lot or parcel of land for which a deed or contract for deed has been
recorded in the office of the Hennepin County Recorder upon, or prior
to, the effective date of this Ordinance shall be deemed a buildable lot
provided:
a. The lot has frontage on a public right -of -way, or is governed by a
valid driveway agreement,
b. The lot has access to municipal sewer and water if located within
the municipal urban service boundary, has an approved well and
an approved on -site septic system or is able to provide a well and
on -site septic system in compliance with all City and State
requirements.
c. The setback and yard requirements of the applicable zoning
district can be achieved while simultaneously resulting in
development that complies with the character and quality of the
immediate area and the objectives of the City's Comprehensive
Plan and Zoning Ordinance.
2. Access to any public street shall require a driveway permit as issued
by the City Building Official.
3. Lot Combination. If an owner has an interest in more than one lot of
record contiguous to other lots of record, all such lots shall be
combined to meet the requirements of this section or the applicable
zoning district standards. If sufficient contiguous property is held in
one ownership to comply with the standard of the applicable zoning
district, then those more restrictive provisions will apply. In no
circumstances will there be approval of any proposal for multiple lot
developments based upon lots of record, and not conforming to the
provisions of the existing zoning district.
B. Developed Lots. An existing conforming use on a lot of substandard size
and width may be expanded or enlarged if such expansion or
enlargement meets all other provisions of this Ordinance.
Section 1030 (General Requirements) Page 3
June 23, 2011
1030.020 - Accessory Buildings, Structures. Uses and Equipment
Subd. 1. Permits Required.
A. A building permit is required for all accessory buildings, except:
1. Agricultural buildings as defined by this chapter. These buildings shall
not require a building permit, but shall be required to obtain a
Certificate of Compliance from the City prior to beginning
construction and shall comply with all other zoning ordinance
standards and permit requirements.
2. Accessory structures less than 120 square feet in area. These
buildings shall be required to meet all setback requirements.
Subd. 2. 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 UR and RR districts, no accessory building, structure, or use
shall be allowed within a front yard.
B. Detached accessory structures shall be have a minimum building
separation of 10 feet from the principal building.
C. Accessory structures located on through lots may be located between the
rear of the principal building and the public right -of -way.
D. Recreation equipment such as play apparatus, swing sets and slides,
sandboxes, tree houses, above or in- ground swimming pools, hot tubs,
play houses, etc. shall comply with the minimum accessory structure
setbacks.
E. Setbacks
Setbacks for accessory buildings in the UR and RR district shall
comply with the following:
a. Front yard - same as underlying zoning district
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June 23, 2011
b. Side yard - 20 feet
c. Rear yard - 15 feet
d. Agricultural uses shall be a minimum of 100 feet from all property
lines, unless the agricultural use is an animal shelter and said
shelter is no more than one -half the total allowable square footage
as set forth in Subd. 4(E) of this section, in which case said shelter
may be set back a minimum of 25 feet from the property line and
75 feet from neighboring residences.
2. Setbacks for accessory buildings in the urban residential zoning
districts shall comply with the following:
a. Front yard - no accessory building shall be located in the front
yard
b. Side yard - 10 feet
c. Rear yard - 10 feet
3. Setbacks for accessory buildings in the non - residential zoning
districts shall comply with the following:
a. Front yard - no accessory building shall be located in the front
yard
b. Side yard - 10 feet
c. Rear yard - 10 feet
d. Yards adjacent to residential - accessory buildings shall comply
with the minimum setback requirements for principal structures
in the district.
Subd.4. Size
A. Attached garages with a footprint of less than 1,000 square feet shall not
be considered as part of the maximum footprint for purposes of the
detached accessory structure calculations. However, attached accessory
space in excess of the initial 1,000 square feet shall be counted towards
the maximum allowable detached accessory building footprint.
B. The footprint of above grade or below grade swimming pools and 1
accessory structure of not more than 120 square feet shall not be
Section 1030 (General Requirements) Page 5
June 23, 2011
included in the calculation of maximum allowable area of accessory
structures.
C. A maximum of one fish house shall be permitted to be stored on a
property and shall meet all accessory structure setback requirements.
D. Except in the UR and RR districts, a conditional use permit is required for
construction of more than one detached accessory building with a
footprint in excess of 120 square feet.
E. The maximum allowable total or accumulated footprint (total footprint of
all accessory structures) for detached accessory buildings in the Urban
Reserve and Rural Residential districts shall be as follows:
1. Lots less than 2.5 acres: 1,500 square feet.
2. Lots 2.5 acres to 5 acres: 2,500 square feet.
3. Lots greater than 5 acres to 10 acres: 3,000 square feet.
4. Lots greater than 10 acres: 3,500 square feet.
F. In the non - residential and urban residential districts, the maximum size
of accessory buildings shall not exceed 1,000 square feet or 25 percent of
the area of the rear yard, whichever is less.
G. Non - agriculture accessory buildings that would result in more than 3,500
square feet shall only be permitted on parcels located in the A or RR
district and 10 acres or more in size with a conditional use permit and
subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings, septic sites and wells. In
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements.
3. Applicable criteria as outlined in Section 1070.020 (Conditional Use
Permits) of the Corcoran Zoning Ordinance.
4. The material standards required by this section have been met.
H. Agricultural buildings that would result in more than 3,500 square feet
than allowed by this Section shall only be permitted on parcels located in
the UR or RR district and 10 acres or more in size with a Certificate of
Compliance from the City and subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
Section 1030 (General Requirements) Page 6
June 23, 2011
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings, septic sites and wells. In
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements.
3. The material standards required by this section have been met.
4. The agricultural building is used for agricultural purposes only.
I. Agricultural buildings in excess of the size limitations allowed by Subd. 4
(E) of this section shall be allowed by conditional use permit on parcels
that are located in the UR or RR district and are less than 10 acres in size,
but are adjacent to actively farmed land under the same ownership or
ownership by the landowner in a recognized legal relationship, shall be
allowed subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings, septic sites and wells. In
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements.
3. The material standards required by this section have been met.
4. The applicant provides proof of ownership as required above.
5. The agricultural building is used for agricultural purposes only.
J. Agricultural buildings shall be allowed as a principal use by conditional
use permit on parcels that are actively farmed, are located in the 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.
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings, septic sites and wells. In
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements.
3. The material standards required by this section have been met.
4. The applicant provides proof of ownership as required above.
Section 1030 (General Requirements) Page 7
June 23, 2011
S. The agricultural building is used for agricultural purposes only.
Subd. S. Building Height.
A. The maximum height of a detached accessory building is 15 feet, except:
Multi -story accessory building may be allowed by administrative
permit to exceed the height above, provided the structure does not
exceed the height of the principal structure. All multi -story accessory
buildings shall include a minimum of two different building materials
and building articulation to add architectural interest to the building
elevations.
2. Agricultural buildings may be allowed by Certificate of Compliance to
exceed the height above, provided the structure does not exceed the
building height limitations of the zoning district in which it is located.
3. Accessory buildings with accessory dwelling units may exceed these
height limits when approved as part of the accessory dwelling unit
interim use permit provided all other performance standards for
accessory buildings are met.
B. Any building that does not meet the standards above may only be
permitted to exceed the allowable building height with a conditional use
permit and subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings, septic sites and wells. In
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements.
3. Applicable criteria as outlined in Section 1070.020 (Conditional Use
Permits) of the Corcoran Zoning Ordinance.
4. The material standards required by this section have been met.
S. The proposed building will be compatible with surrounding land uses.
Subd. 6. Architectural Standards.
A. In order to maintain the architectural design, style, appearance and
character of the principal structure, accessory buildings located on
parcels 3 acres in size or smaller, must have identical roof and siding
Section 1030 (General Requirements) Page 8
June 23, 2011
materials as the principal structure. Accessory buildings located on
parcels larger than 3 acres in size shall be compatible with materials,
colors, exterior design and roof style of the principal buildings.
B. Building materials must comply with performance standards in Section
1060.030, Subd. 1(A)4 of the Zoning Ordinance.
C. Accessory buildings constructed primarily of canvas, plastic, or other
similar non - permanent building materials shall be prohibited.
1030.030 - Minimum Residential Building Standards
Subd. 1. 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 of 1,100
square feet.
Subd. 3. Single family detached homes must have a minimum width of 24 feet.
Subd. 4. Dwelling Unit Restrictions. No model home, cellar, garage, tent, travel trailer,
basement with unfinished structure above or accessory building shall at any
time be used as a dwelling unit, except as may be allowed on a temporary
basis in an emergency, as approved by the Zoning Administrator as an
Interim Use Permit.
1030.040 - Temporary Structures
Subd. 1. Temporary Structures (including manufactured homes on a temporary basis)
shall only be permitted as provided below:
A. Reconstruction. During the reconstruction of a home that has been
damaged or destroyed and is uninhabitable, the City Council may grant a
permit for a period not to exceed one year for a temporary structure in
any zoning district.
B. The City Council may grant an Interim Use Permit with stipulated time
limitations for the temporary utilization of manufactured homes or other
temporary structures as living quarters when a special hardship is found
to exist. Such hardship shall be generally a result of age or a physical
handicap of a blood relative. The following conditions shall apply in such
situations:
Section 1030 (General Requirements) Page 9
June 23, 2011
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 for an Interim Use Permit amendment.
5. The sanitary sewer and water supply serving temporary habitation
shall comply with all applicable rules, regulations and standards of the
State Board of Health and of the County of Hennepin.
6. Any material used to insulate around the exterior of or underneath
such temporary habitation shall be noncombustible and nontoxic.
C. The City Council may also grant an Interim Use Permit with stipulated
time limitations for any other temporary structures without a
determination of hardship provided these temporary structures are not
used for habitation. The following conditions shall apply in such
situations:
Section 1030 (General Requirements) Page 10
June 23, 2011
1. Any person desiring a temporary structure shall make application to
the City Council for an Interim Use Permit. The request shall state the
location, type of structure, length of time the structure will be used,
and the reason for the need of such structure.
2. The Building Official shall review each proposal and report his
findings and recommendations to the Council.
3. If the City finds that the public health, safety, morals and general
welfare will not be impaired and will not be affected adversely, it may
grant an Interim Use Permit, provided that the person so applying
shall enter into a written agreement with the City as to when such use
is to cease.
4. No permit for temporary structures (except as provided for in
Subsections A and B above) 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 temporary structure.
b. That the continued existence of such use conflicts with the City's
Comprehensive Plan.
c. The temporary structure has been abandoned or put to any use
other than that stated in the application as the reason for the need
of such use.
d. That the value of public or private property is being affected
adversely thereby.
e. The provisions of this section, in no way limit the City's ability to
immediately order the removal of any temporary structure
determined to be a significant threat to public health and safety.
1030.050 - Relocated Structures
Subd. 1. Application. Before any house or other structure is moved, an application for
building permit shall be made and the property owner or his designated
representative shall complete a questionnaire on the structure.
Subd. 2. Inspection. The Building Official shall make a preliminary inspection to
determine that the structure meets all state building codes and City
ordinances.
Section 1030 (General Requirements) Page 11
June 23, 2011
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 11 /z 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.
Subd. S. Surety. Any permittee except those doing work under contract with the City
shall file with the City Clerk's office a letter of credit or cash in an amount to
be determined by the city engineer based on the type of work to be
performed.
Section 1030 (General Requirements) Page 12
June 23, 2011
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
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.
Section 1030 (General Requirements) Page 13
June 23, 2011
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 than $1,000.00,
or by imprisonment in jail for not more than 90 days, or by both, for each
separate offense. Each day any violation of this code shall continue shall
constitute a separate offense.
Subd. 13. Action Against the Security. The City may act against the appropriate
security if any of the conditions identified within the permit or this code have
not been satisfied. The City shall use funds from the security to finance
remedial work to be performed either directly by the city or by a private
contractor under contract with the City, and to reimburse for all direct costs
incurred in the process of the remedial work.
Subd. 14. Release of Security. The security deposited with the City for faithful
performance of the grading and erosion control work shall be released at the
Section 1030 (General Requirements) Page 14
June 23, 2011
time that all conditions have been met and no action against such security
has been filed. Release of the security shall be documented and filed in the
appropriate address file, in conjunction with the inspections as identified in
Section 1070.050, Subd. 9.
1030.070 - Bulk Storage (Liquid.
All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical,
flammable and similar liquids shall comply with requirements of and have appropriate
permits indicating compliance with the Minnesota State Fire Code and Minnesota
Department of Agriculture regulations.
1030.080 - Height Limitations
Subd. 1. The building height limits established herein for districts shall not apply to
the following:
A. Belfries.
B. Chimneys or flues.
C. Church spires.
D. Cooling towers.
E. Cupolas and domes which do not contain useable space.
F. Elevator penthouses.
G. Flag poles.
H. Monuments.
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.
M. Television and radio antennas not exceeding 20 feet above roof (not
including telecommunications towers regulated by Section 1060.100).
Section 1030 (General Requirements) Page 15
June 23, 2011
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 following:
A. Prior to the installation of any essential public services, the owner of such
service shall file with the City all maps and other information as deemed
necessary by the City of Corcoran to review the proposed 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
size. In all other zoning districts, parcels of land for essential services
must be at least 1 1/z times the minimum lot area required in the zoning
district.
Section 1030 (General Requirements) Page 16
June 23, 2011
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.
Subd. S. Special Districts. Essential public services located in a special overlay district
shall comply with the requirements and development guidelines in that
district.
Subd. 6. All electrical, cable television, phone lines and similar facilities serving new
development within the urban service area shall be located underground.
1030.100 - Home Occupations
Subd. 1. Purpose. The purpose of this Ordinance is to maintain the character and
integrity of residential areas and to provide a means through the
establishment of specific standards and procedures by which home
occupations can be conducted in residential neighborhoods without
jeopardizing the health, safety and general welfare of the surrounding
neighborhood. In addition, this Ordinance is intended to provide a
mechanism enabling the distinction between permitted home occupations
and special or customarily "more sensitive" home occupations, so that
appropriate, permitted home occupations may be allowed outright or
through an administrative process rather than a legislative hearing process.
Subd. 2. Application. Subject to the non - conforming use section and other applicable
provisions of this Ordinance, all occupations conducted in the home and
accessory buildings located on the homestead site shall comply with the
provisions of this Ordinance.
Section 1030 (General Requirements) Page 17
June 23, 2011
Subd. 3. Procedures and Permits. Whenever used in this Ordinance, the phrase
"Home Occupation" shall include Allowed Home Occupations, Special Home
Occupations and Conditional Home Occupations.
A. An Allowed Home Occupation, as defined in this Ordinance, shall not
require a permit as long as all of the criteria in Subd. 4 and Subd. 5 of this
Section are satisfied.
B. Any Special Home Occupation, as defined in this Ordinance, shall require
an administrative permit, as outlined in Subd. 7 of this Section.
C. A Home Occupation License shall be required for any Conditional Home
Occupation as described in Subd. 8; which license shall be processed by
the Planning Commission as outlined in Section 1070.030 (Interim Use
Permit) of the Zoning Ordinance.
Subd. 4. General Standards for Allowed and Special Home Occupations. All Allowed
Home Occupations and Special Home Occupations shall comply with the
following general provisions:
A. No Home Occupation shall produce light, glare, noise, fumes, odor or
vibration that will in any way have an objectionable effect upon adjacent
or nearby property.
B. No equipment shall be used in the Home Occupation that will create
electrical interference to surrounding properties. No equipment shall be
used which creates visual or audible interference in any radio or
television receivers off the premises or causes fluctuations in the voltage
off the premises.
C. Any Home Occupation shall be clearly incidental and secondary to the
residential use of the premises, shall not change the residential character
thereof, and shall result in no incompatibility or disturbance to the
surrounding residential uses.
D. No Home Occupation shall require internal or external alterations or
involve construction features not customarily found in dwellings except
where required to comply with local and state fire and police
recommendations.
E. There shall be no exterior evidence visible from public roads or adjacent
parcels of the Home Occupation, including but not limited to storage of
material, equipment, supplies, garbage dumpsters, etc. Personal vehicles
[not to exceed 12,000 gross vehicle weight (GVW)] used in the Home
Occupation, which comply with applicable provisions of this Ordinance,
may be parked on the site.
Section 1030 (General Requirements) Page 18
June 23, 2011
F. The area used for the Home Occupation shall meet all applicable fire and
building codes.
G. There shall be no exterior display or exterior signs or interior display or
interior signs that are visible from outside the dwelling advertising the
Home Occupation.
H. All Home Occupations shall comply with the provisions of the City Code.
I. An Allowed or Special Home Occupation shall not include work staging
areas or employees reporting to the home occupation site to receive work
assignments and working elsewhere.
J. The applicant shall demonstrate, in a manner found acceptable to the City
Building Inspector that such use is within the capabilities of the
property's sewage treatment system.
K. No Allowed Home Occupation or Special Home Occupation shall employ
any person at the home site location who does not reside in the dwelling
unit.
Subd. 5. Allowed Home Occupations. A Home Occupation meeting all of the
requirements of Subd. 4, as well as the following criteria shall be an Allowed
Home Occupation and may be conducted without a permit or fee:
A. The Allowed Home Occupation shall be located within the principal
dwelling on the property, except that a business office or computer
workstation may be maintained in any permitted structure.
B. No customer visits to the premises shall be permitted.
C. No deliveries other than those routinely made in a residential district
(U.S. Mail, United Parcel Service, etc.) shall be permitted.
Subd. 6. Special Home Occupation - Administrative Permit.
A. This permit may be issued by the City Administrator or assigned staff
based upon proof of compliance with the provisions of this section.
Application for the permit shall be submitted to the City with an
associated fee as established by the City Council. Prior to issuance of the
permit, a notice of intent shall be sent to all property owners within 350
feet of the perimeter of the applicant's property. The notice shall request
that written comments be forwarded to the City Administrator within 10
days of the date of the notice. Upon expiration of the comment period,
the City Administrator shall determine if a permit should be issued,
Section 1030 (General Requirements) Page 19
June 23, 2011
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. 5 and subject
to the following criteria:
1. Services may be provided to customers on site provided no more than
2 additional parking stalls are necessary for customer parking and the
spaces shall be provided on the lot. The Home Occupation shall not
add more than 10 daily, non - residential vehicle trips to or from the
property.
2. A single vehicle up to 26,000 lb. GVW may be allowed by
Administrative Permit. The City Administrator shall consider the
vehicle size in relation to the intended use, the road surface, the
character of the neighborhood, number of vehicle trips and any other
relevant matters in deciding whether to issue an Administrative
Permit.
Subd. 7. Conditional Home Occupation License (CHOL).
A. All Home Occupations not defined as Allowed or Special shall be defined
as Conditional Home Occupations and will require a Conditional Home
Occupation License (CHOL) to be issued, subject to review and approval
by the City Council. The CHOL shall be processed by the Planning
Commission pursuant to Section 1070.030 (Interim Use Permit) of the
Corcoran Zoning Ordinance. A CHOL is not a conditional use permit, but a
license personal to the individual applicant and the particular business
for which the application is made. If the business ceases, if ownership of
the business changes, or if the individual to whom a license has been
issued ceases to own the subject premises, the CHOL is automatically
revoked.
B. All applicants must demonstrate, to the satisfaction of the Planning
Commission and City Council, the need for the CHOL. All applications will
be reviewed and analyzed, taking into consideration the general health,
safety and welfare of the community as a whole. The Planning
Commission and the City Council shall consider the following standards
and criteria when reviewing an application for a CHOL:
Section 1030 (General Requirements) Page 20
June 23, 2011
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 area, 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.
5. Compliance with Section 1030.020 (Accessory Buildings, Structures,
Uses and Equipment) of the Zoning Ordinance and with other relevant
Code sections.
6. Impact on the neighboring properties shall be considered before
issuing a CHOL.
C. Conditional Home Occupations with seasonal retail sales may be allowed one
temporary freestanding or wall sign as allowed by Section 84.04 (10) of the
City Code.
Subd. 8. Employees; On- Site /Staging for Work Off -Site.
A. For home occupation businesses existing on May 24, 2001, the City
Council may allow up to 2 full -time equivalent on -site employees or up to
4 employees reporting on -site for the purpose of staging work to be
performed off -site, or any combination of the two not to exceed 2 full -
time equivalent employees working on -site or 4 employees in total. The
applicant must prove that the applicant had employees, as outlined
above, on or within the 9 months prior to May 24, 2001 to qualify for
employees.
B. The actual number of on -site employees or employees permitted on -site
for work staging will depend on all factors considered in issuing the
CHOL.
Section 1030 (General Requirements) Page 21
June 23, 2011
C. No home occupations that come into existence after May 24, 2001 shall
be permitted to have on -site employees or employees on -site for the
purpose of staging work to be performed off -site.
D. For purposes of this section, employees shall include independent
contractors, part -time or seasonal employees.
Subd. 9. Exceptions. Day Care home facilities and group family Day Care home
facilities that are licensed by the State are exempt from the requirements of
this Ordinance.
Subd. 10. Denial of CHOL.
A. In the event the City Council denies a CHOL, findings of fact shall be
prepared to support the denial and shall be provided to the applicant.
Subd. 11. Ordinance Administration.
A. On the effective date of this Ordinance, all individuals operating a
business not otherwise permitted by this Ordinance shall make
application for a CHOL. If the application is denied, the applicant shall
have 12 months from the date of passage of this Ordinance to cease
operations.
B. 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.
C. 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.
D. 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.
E. All permits issued under this Ordinance shall be reviewed by 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 an administrative permit or CHOL upon a finding that
conditions have changed to warrant revocation or modification of the
license.
Section 1030 (General Requirements) Page 22
June 23, 2011
Subd.12. Violations /Penalty.
A. Any person violating this section, upon conviction, is guilty of a
misdemeanor and subject to a maximum fine or a maximum period of
imprisonment, or both, as specified by Minnesota Statutes §609.03.
B. The City may also seek injunctive relief or other equitable relief for
violation of this Ordinance in Hennepin County District Court. If the City
is successful in seeking the injunction, or other equitable relief, the
property owner shall be responsible for all costs associated with the
action, including reasonable attorney's fees.
C. Mandatory cleanup of a property in violation of the home occupation
ordinance shall be required as part of any resolution to a violation.
D. The City hereby reserves the right, upon approval of any home
occupation, and upon reasonable notice, to inspect the premises in which
the occupation is being conducted to insure compliance with the
provisions of this section or any conditions imposed.
E. Violations of any provisions or conditions of the home occupation
regulations may result in the revocation of either the administrative
permit or the CHOL following a public hearing in compliance with the
Administrative Procedures Act.
Section 1030 (General Requirements) Page 23
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.
Subd. 6. Future Annexations. Any land annexed to the City in the future shall be
placed in the Urban Reserve (UR) district until another zoning classification
is approved by action of the City Council after receipt of the recommendation
of the Planning Commission.
Section 1040 (District Regulations) Page 1
June 23, 2011
Subd. 7. Establishment of Zoning Districts. The city is divided into the following
districts and overlay districts:
A. Urban Reserve (UR) District
B. Rural Residential (RR) 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
0. Light Industrial (I -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)
Section 1040 (District Regulations)
June 23, 2011
Page 2
1040.020 - Urban Reserve District (UR)
Subd. 1. Purpose. The intent of the Urban Reserve district is to preserve areas where
urban services are planned, as shown on the 2030 Comprehensive Plan, but
not yet available. The large minimum lot area will retain these lands in their
natural state or as agricultural uses until sanitary sewer, water, streets and
other public infrastructure is available and new development occurs. This
will allow orderly development to occur. The City may consider rezoning
and subdivision of Urban Reserve property to urban uses consistent with the
Comprehensive Plan within two years of the scheduled date of extension or
provision of the required public facilities and services. The purpose of this
district is to provide a holding zone until a landowner /developer makes
application for development, at which time the City may rezone the affected
property consistent with its designation in the Comprehensive Plan,
provided that the development does not result in the premature extension of
public utilities, facilities, and services as specified above. The district does
allow limited use of development rights prior to sewer and water services
through clustering of lots as outlined in Subd. 7. of this Section.
Subd. 2. Permitted Uses.
A. Agriculture and Tree Farms.
B. Day Care Facilities, state licensed, as defined by statute.
C. Dwelling, single family detached.
D. Essential Services, subject to Section 1030.090 (Essential Services) of the
Zoning Ordinance.
E. Seasonal Produce Stands.
F. 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.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
Section 1040 (District Regulations) Page 3
June 23, 2011
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
H. Signs as regulated by the City Code.
I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
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.
C. Day Care facilities accessory to educational facilities or Places of
Worship /Assembly.
The structure and operation shall be in compliance with State of
Minnesota Department of Human Services regulations and shall be
licensed accordingly.
2. All signage shall comply with Chapter 84 (Sign Ordinance) of the
Corcoran City Code.
3. No expansion of non - conforming structures or uses is allowed.
4. The use shall comply with the conditional use permit standards in
Section 1070.020 of the Zoning Ordinance.
D. Greenhouses and Nurseries, subject to the following:
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.
Section 1040 (District Regulations) Page 4
June 23, 2011
2. On -site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
3. Adequate off - street parking is provided on an improved surface as
required by this ordinance.
4. Adequate parking, loading and maneuvering areas shall be provided.
5. Loading areas are screened from adjacent residential uses.
6. Well and Septic Systems can be accommodated on site to serve the
proposed facility.
7. Not more than 30 percent of the site area shall be covered with
buildings or other structures.
8. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
9. 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.
10. The site complies with the minimum lot area standards for the
district.
11. Sale of accessory items shall be permitted, provided they do not
generate more than 20 percent of the sales (measured by retail value
or sales volume) for the business nor cover more than 10 percent of
the site area.
12. At least 50 percent of the nursery stock to be sold on site must be
grown on site.
13. The provisions of Section 1070.020 of this ordinance are considered
and satisfactorily met.
E. Living quarters, which are provided accessory to a principal agricultural
use, subject to the following:
1. The living quarters are not used as rental property.
2. A maximum of one such accessory dwelling shall be allowed.
Section 1040 (District Regulations) Page 5
June 23, 2011
3. There is a demonstrated need for such a facility for the permitted
agricultural use.
4. The farm includes a minimum of 30 acres.
5. The structure complies with all other Zoning Ordinance requirements.
F. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
Subd. 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.
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.
Section 1040 (District Regulations) Page 6
June 23, 2011
9. In addition to the parking spaces required for the principal dwelling
unit on the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking spaces
shall not conflict with the principal dwelling unit parking spaces, and
shall comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 years to
ensure compliance with conditions of approval and ordinance
requirements for accessory dwelling units. Interim uses found to be
in compliance may be extended by the Zoning Administrator for
periods of up to 3 years each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
C. Commercial Kennels, subject to Chapter 81 of the City Code.
D. Development in the MUSA prior to availability of municipal sewer and
water, subject to the following:
1. The proposed development is consistent with the Land Use Plan in the
adopted Comprehensive Plan, including applicable density goals.
2. The subject property is classified as Mixed Use /PUD in the City's
adopted Comprehensive Plan.
3. The proposed development will not preclude full utilization of the site
development potential when municipal infrastructure services are
available.
4. The applicant agrees to connect to municipal infrastructure, including,
but not limited to: sanitary sewer, water and stormwater, upon its
availability to the site.
5. The applicant agrees to pay all area charges and connection fees upon
connection to municipal infrastructure.
Section 1040 (District Regulations) Page 7
June 23, 2011
6. 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.
7. The applicant will sign an assessment waiver for future assessments
for public infrastructure.
8. The applicant will provide a removable on -site septic as a temporary
means to address sewer prior to extension of municipal sanitary
sewer.
9. The applicant will provide temporary on -site wells or will reach an
agreement with an adjacent community to provide a temporary water
service to the site until municipal water is provided by the City of
Corcoran.
10. The applicant shall be responsible for all costs associated with the
temporary sewer and water services and these costs shall not be
credited against the infrastructure area charges and connection
charges due when municipal infrastructure is provided.
E. Mining and Soil Processing.
F. Temporary living quarters, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
Subd. 7. Clustering Option. This section provides for optional clustering of lots on
those properties with development rights as recorded on the official City of
Corcoran "Development Rights Map" on file at City Hall at the time of
adoption of this ordinance. Lots may be considered for clustering based on
the following minimum standards:
A. Clustering shall only be considered on those properties guided for
residential land use on the 2030 Comprehensive Plan.
Section 1040 (District Regulations) Page 8
June 23, 2011
B. An approval for a rezoning of the property, consistent with the residential
land use category of the 2030 Comprehensive Plan shall be made at the
same time as the subdivision of the property.
C. All procedures for a standard subdivision as provide in Section 930 and
935 of the Subdivision Ordinance shall be followed with the addition of
the following:
1. Buildable lots cannot exceed the number of development rights issued
to the property. The number of rights is based on Subd. 8 of this
section.
2. The maximum lot area of all created clustered lots shall not exceed
two times the minimum lot area for a single family dwelling of the
zoning district in which the property is located.
3. The proposed development will not preclude full utilization of the site
development potential when municipal infrastructure services are
available. A ghost plat shall be designed for all outlot areas at the
same time as the Preliminary and Final Plat is reviewed and approved.
The ghost plat shall indicate future access, internal road network,
future lot divisions and new lot layout based on zoning district
requirements along with density as guided by the 2030 future land
use plan and connection to municipal infrastructure.
D. Water and Sewer Systems. All lots shall initially be served by a
community well and septic system designed to connect to municipal
sewer and water. Design shall be acceptable to the City Engineer. Once
municipal sewer and water services are available, all lots shall be
required to connect to the municipal system and pay all area charges and
connection fees as required by the City policy in place at the time the
infrastructure becomes available to serve the development. The
community systems may be located within the outlot. A sewage
treatment system management plan must be submitted to the city and
approved prior to the final plat being recorded.
The applicant must provide a management (maintenance,
replacement and repair) plan for the community wastewater
treatment system. The management plan must be reviewed and
approved by the City Council and recorded with the final plat. The
plan should clearly identify the following:
a. The ownership of the centralized wastewater treatment system.
b. An annual schedule for maintenance, inspection and monitoring of
the centralized wastewater treatment system.
Section 1040 (District Regulations) Page 9
June 23, 2011
c. Assignment of responsibility for the management of and payment
for the centralized wastewater treatment system.
d. Contingency plan in the event of failure of the centralized
wastewater treatment.
e. Financial guarantees, covering the estimated cost of maintaining
and replacing a centralized system.
Provisions describing how the sewage treatment portion of the
system will be protected from vehicles, animals, humans and other
sources of risk.
g. The name and license number of the system's designer.
h. Provision for cost effective future connection of the wastewater
treatment system(s) to urban services within one year after such
services are provided at the boundary of the development, with
sufficient financial guarantees to ensure no added cost to the City.
The applicant shall provide a cash reserve into a third party
escrow account for the amount estimated by the City for fees to be
paid upon arrival of municipal infrastructure. The applicant shall
enter into a written agreement with the City to pay all fees based
on the City fee schedule in place at the time of connection.
The applicant shall be required to sign an assessment waiver for
future assessments for public infrastructure prior to approval of
the Final Plat.
k. If financial guarantees for any of the above provisions are part of
an association assessment or treasury fund, the City shall be given
access to annual audit records, at the expense of the association, to
ensure proper funding. If such guarantees are the private
responsibility of the developer, the City shall require guarantees
from the responsible individual(s).
Subd. 8. Density Requirements. This section identifies the maximum number of
residential units or non - residential units that may be developed. The
development rights program is intended to preserve a rural residential
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.
Section 1040 (District Regulations) Page 10
June 23, 2011
A. Landowners shall be permitted one development right for each 10 acres
of land accessing onto a paved roadway.
B. Landowners shall be permitted one development right for each 30 acres
of land accessing onto a gravel road.
C. 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 area 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.
D. Additional development rights may be granted to landowners that
develop the property as part of an Open Space Preservation plat, as
permitted by the Subdivision Regulations.
E. Except as otherwise approved as part of an Open Space Preservation plat
or clustering option in Subd. 7 of this Section, no lots or outlots shall be
allowed to be created without development rights.
Subd. 9. Area Requirements. The following minimum requirements shall be met in
the UR district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
20 acres
Minimum lot width
300 feet
Minimum lot depth
300 feet
Structure Setbacks:
Front From Arterial Streets
100 feet
Front, from all other streets
50 feet
Front Porch <_ 120 square feet
40 feet
Side
25 feet
Rear
30 feet
Maximum Building Height
35 feet
Section 1040 (District Regulations) Page 11
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.
A. Agriculture and Tree Farms.
B. Day Care Facilities, state licensed, as defined by statute.
C. Dwelling, single family detached.
D. Seasonal Produce Stands.
E. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
F. 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.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
Section 1040 (District Regulations) Page 12
June 23, 2011
H. Signs as regulated by the City Code.
I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Subd. 4. Conditional Uses: The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. Cemeteries and Memorial.
B. Commercial Riding Stables, subject to Chapter 81 of the City Code.
C. 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.
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.
6. Well and Septic Systems can be accommodated on site to serve the
proposed facility.
7. Not more than 30 percent of the site area shall be covered with
buildings or other structures.
8. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
9. 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.
Section 1040 (District Regulations) Page 13
June 23, 2011
10. The site complies with the minimum lot area standards for the
district.
11. Sale of accessory items shall be permitted, provided they do not
generate more than 20 percent of the sales (measured by retail value
or sales volume) for the business nor cover more than 10 percent of
the site area.
12. At least 50 percent of the nursery stock to be sold on site must be
grown on site.
13. The provisions of Section 1070.020 of this ordinance are considered
and satisfactorily met.
D. Living quarters, which are provided accessory to a principal agricultural
use, subject to the following:
1. The living quarters are not used as rental property.
2. A maximum of one such accessory dwelling shall be allowed.
3. There is a demonstrated need for such a facility for the permitted
agricultural use.
4. The farm includes a minimum of 30 acres.
S. The structure complies with all other Zoning Ordinance requirements.
E. G. Places of Worship /Assembly.
F. 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.
Section 1040 (District Regulations) Page 14
June 23, 2011
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
in compliance may be extended by the Zoning Administrator for
periods of up to 3 years each.
Section 1040 (District Regulations) Page 15
June 23, 2011
B. Temporary living quarters, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
C. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
D. Commercial Kennel, subject to Chapter 81 of the City Code.
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. Density Requirements. This section identifies the maximum number of
residential units or non - residential units that may be developed. The
development rights program is intended to preserve a rural residential
environment with active agri- businesses. Development rights shall be
calculated based on the total lot area and rounded to the nearest whole
number. Development rights shall be as recorded on the official City of
Corcoran "Development Rights Map" on file at City Hall.
A. Landowners shall be permitted one development right for each 10 acres
of land accessing onto a paved roadway.
B. Landowners shall be permitted one development right for each 30 acres
of land accessing onto a gravel road.
C. 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 area 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.
D. Additional development rights may be granted to landowners that
develop the property as part of an Open Space Preservation plat, as
permitted by the Subdivision Regulations.
E. Except as otherwise approved as part of an Open Space Preservation Plat,
no lots or outlots shall be allowed to be created without development
rights.
Section 1040 (District Regulations) Page 16
June 23, 2011
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
Front Porch (< 120 square feet )
40 feet
Side
25 feet
Rear
25 feet
Maximum Building Height
35 feet
Section 1040 (District Regulations) Page 17
June 23, 2011
1040.040 - RSF -1 (Single Family Residential) Zoning District
Subd. 1. Purpose. The purpose of the RSF -1 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. Areas
zoned RSF -1 are guided Low Density Residential on the City's 2030
Comprehensive Plan.
Subd. 2. Permitted Uses.
A. Day Care Facilities, state licensed, as defined by statute.
B. Dwelling, single family detached.
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.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
H. Signs as regulated by the City Code.
Section 1040 (District Regulations) Page 18
June 23, 2011
I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. Places of Worship /Assembly.
B. Residential Facility with seven to sixteen individuals, licensed by the
State.
C. Educational facilities, K -12.
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following:
Not more than one accessory dwelling unit shall be allowed on a
single- family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single - family detached home.
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the
living portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal dwelling unit or 800 square feet,
whichever is less.
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.
Section 1040 (District Regulations) Page 19
June 23, 2011
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. 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.
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.
6. Not more than 30 percent of the site area shall be covered with
buildings or other structures.
Section 1040 (District Regulations) Page 20
June 23, 2011
7. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
8. 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.
9. The site complies with the minimum lot area standards for the
district.
10. Sale of accessory items shall be permitted, provided they do not
generate more than 20 percent of the sales (measured by retail value
or sales volume) for the business nor cover more than 10 percent of
the site area.
11. At least 50 percent of the nursery stock to be sold on site must be
grown on site.
12. The provisions of Section 1070.020 of this ordinance are considered
and satisfactorily met.
C. Seasonal Produce Stands.
D. 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, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
D. Temporary real estate offices.
Section 1040 (District Regulations) Page 21
June 23, 2011
Subd. 7. Area Requirements. The following minimum requirements shall be met in
the RSF -1 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum Lot Area
20,000 square feet
Minimum lot width
100 feet
Structure Setbacks:
Front, From Arterial Streets
100 feet
Front, From all other streets
40 feet
Front Porch s 120 square feet
30 feet
Side (living)
10 feet
Side (garage)*
5 feet
Rear
30 feet
Maximum Building Height
35 feet
*Minimum separation between structures on adjacent parcels shall be 15 feet.
Subd. 8 Design Requirements. Newly constructed single family homes shall be
constructed with the following design elements:
A. Front Elevation:
Each elevation facing a street or park shall have a minimum of 50%
comprised on natural material consisting of brick, stone, stucco, hardi-
board, redwood, cedar or other similar materials. A minimum of two
different materials is required, except that brick may be used on the
entire elevation.
2. Design of street and park fronting exterior elevations shall be varied
with a minimum of five different styles provided in the development
3. Homes in proximity to each other shall not look alike in terms of the
combination of color of siding, accent and roofing materials. The
home under consideration will be compared to the two homes on each
side and to the three homes directly facing it.
B. Garages:
The garage shall not comprise more than 55 percent of the viewable
ground floor street - facing linear building frontage. This standard is
based on the measurement of the entire garage structure and not on a
measurement of the garage door or doors only. Corner lots are
exempt from this requirement on one street elevation.
2. Garage doors shall be architecturally styled (this includes details such
as raised panels, accent color, windows, etc.) to match the exterior
design of the home.
Section 1040 (District Regulations) Page 22
June 23, 2011
C. Roof:
Architectural design roofing materials including asphalt shingles,
wood shingles (including shake), concrete, clay, ceramic tile roofs or
residential steel roofing material with hidden fasteners are required
on all roofs.
2. Overhangs must be a minimum of 12 inches.
D. Side and Rear Facades:
Equal architectural treatment on all sides of the building (materials,
articulation, etc.) shall be used for all new residential construction
when located on or visible from an arterial road way or public park.
Accenting shall be accomplished by including accenting materials and
design on all facades.
2. Each side elevation shall have at least one window or door opening.
3. A maximum of 18 inches of the foundation wall may be exposed on
any elevation.
Section 1040 (District Regulations) Page 23
June 23, 2011
1040.045 - RSF -2 (Single Family Residential) District
Subd. 1. Purpose. The purpose of the RSF -2 district is to provide urban sized lots for
single family homes and directly related complementary uses. New
development within this district will be allowed only when a full range of
municipal services and facilities are available to serve the area. New
development is intended to create low - density residential areas in moderate
lot sizes to meet overall density requirements and provide greater variety in
the housing choices. Areas zoned RSF -2 are guided Low Density of the City's
2030 Comprehensive Plan.
Subd. 2. Permitted Uses.
A. Day Care Facilities, state licensed, as defined by statute.
B. Dwelling, single family detached.
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.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
H. Signs as regulated by the City Code.
Section 1040 (District Regulations) Page 24
June 23, 2011
I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
1. Places of Worship /Assembly.
Residential Facility with seven to sixteen individuals, licensed by the
State.
3. Educational facilities, K -12.
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.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single- family detached home.
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the
living portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal dwelling unit or 800 square feet,
whichever is less.
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
Section 1040 (District Regulations) Page 25
June 23, 2011
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. 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.
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.
6. Not more than 30 percent of the site area shall be covered with
buildings or other structures.
Section 1040 (District Regulations) Page 26
June 23, 2011
7. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
8. 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.
9. The site complies with the minimum lot area standards for the
district.
10. Sale of accessory items shall be permitted, provided they do not
generate more than 20 percent of the sales (measured by retail value
or sales volume) for the business nor cover more than 10 percent of
the site area.
11. At least 50 percent of the nursery stock to be sold on site must be
grown on site.
12. The provisions of Section 1070.020 of this ordinance are considered
and satisfactorily met.
C. Seasonal Produce Stands.
D. 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, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
D. Temporary real estate offices.
Section 1040 (District Regulations) Page 27
June 23, 2011
Subd. 7. Area Requirements. The following minimum requirements shall be met in
the RSF -2 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum Lot Area
11,000 sq. ft.
Minimum lot width
80 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
20 feet
Front Porch s 120 square feet
15 feet
Side (living)
10 feet
Side (garage)*
5 feet
Rear
30 feet
Maximum Building Height
35 feet
*Minimum separation between structures on adjacent parcels shall be 15 feet.
Subd. 8. Design Requirements. All developments in RSF -2 shall follow the same
Design Requirements as listed in 1040.040, Subd 8.
Section 1040 (District Regulations) Page 28
June 23, 2011
1040.050 - RSF -3 (Single and Two - Family) District
Subd. 1. Purpose. The RSF -3 district is intended to provide for new single - family
neighborhoods with a lot area 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 area 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 area will help the City meet its
density goal for new single- family homes. Single family homes, as well as
two - family dwellings are allowed in this district. New development within
this district will be allowed only when a full range of municipal services and
facilities are available to serve the area. Areas zoned RSF -3 are guided Low
Density on the City's 2030 Comprehensive plan. Development within this
district is required at a minimum density of 3.0 units per net acre up to a
maximum of 5.0 units per acre.
Subd. 2. Permitted Uses.
A. Day Care Facilities, state licensed, as defined by statute.
B. Dwelling, single family detached.
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.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
Section 1040 (District Regulations) Page 29
June 23, 2011
G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
H. Signs as regulated by the City Code.
I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. Day Care facilities accessory to educational facilities or Places of
Worship /Assembly.
B. Dwelling, two - family.
C. Educational facilities, K -12.
D. Places of Worship /Assembly.
E. Residential Facility with seven to sixteen individuals.
Subd. 5. Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following:
Not more than one accessory dwelling unit shall be allowed on a
single- family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single- family detached home.
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the
living portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal dwelling unit or 800 square feet,
whichever is less.
Section 1040 (District Regulations) Page 30
June 23, 2011
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
7. The owner of the property shall reside in the principal dwelling unit
or in the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
9. In addition to the parking spaces required for the principal dwelling
unit on the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking spaces
shall not conflict with the principal dwelling unit parking spaces, and
shall comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 years to
ensure compliance with conditions of approval and ordinance
requirements for accessory dwelling units. Interim uses found to be
in compliance may be extended by the Zoning Administrator for
periods of up to 3 years each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
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, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Section 1040 (District Regulations) Page 31
June 23, 2011
D. Temporary real estate offices.
Subd. 7. Area Requirements: The following minimum requirements shall be met in
the RSF -3 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
*Minimum separation between structures on adjacent parcels shall be 15 feet.
Subd. 8. Design Requirements. All developments in RSF -3 shall follow the same
Design Requirements as listed in 1040.040, Subd 8.
Section 1040 (District Regulations) Page 32
June 23, 2011
Single Family
Two - Family dwellings and
other uses
Minimum Lot Area
7,500 square feet
15,000 square feet
Minimum lot width
65 feet
100 feet
Structure Setbacks:
From Arterial Streets
100 feet
100 feet
Front, From all other streets
20 feet
25 feet
Front Porch <_ 120 square feet
15 feet
N/A
Side (living)
10 feet
10 feet
Side (garage)*
5 feet
5 feet
Rear
30 feet
25 feet
Maximum Building Height
35 feet
35 feet
*Minimum separation between structures on adjacent parcels shall be 15 feet.
Subd. 8. Design Requirements. All developments in RSF -3 shall follow the same
Design Requirements as listed in 1040.040, Subd 8.
Section 1040 (District Regulations) Page 32
June 23, 2011
1040.060 - RMF -1 (Medium Density Residential) District
Subd. 1 Purpose. The purpose of the RMF -1, Medium Density Residential District is
to allow a variety of housing types including single- family attached and
detached dwelling and multi - family to expand life cycle housing options with
a minimum net density of 6 units per acre and maximum net density of 8
units per acre. All lot areas in this district are intended to reflect the City's
objective of promoting efficient use of land and public utilities. Areas zoned
RMF -1 are guided Medium Density Residential on the 2030 Comprehensive Plan.
Subd. 2. Permitted Uses.
A. Day Care Facilities, state licensed, as defined by statute.
B. Dwelling, single family detached
C. Dwelling, two - family;
D. Dwelling, single- family attached with no more than six (6) dwelling units
per structure in a row (and no back to back townhome units)
E. 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.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer individuals
D. Fences as regulated by section 1060 (Performance Standards) of this
chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
H. Signs as regulated by the City Code.
Section 1040 (District Regulations) Page 33
June 23, 2011
I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Subd 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. Day Care facilities accessory to educational facilities or Places of
Worship /Assembly.
B. Dwelling, senior (age- restricted)
C. Dwelling, Multiple Family
D. Educational facilities, K -12.
E. Places of Worship /Assembly
F. Residential Facility with seven to sixteen individuals
Subd. 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 for Single Family Detached Homes, subject to the
following:
Not more than one accessory dwelling unit shall be allowed on a
single- family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single - family detached home.
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the
living portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal dwelling unit or 800 square feet,
whichever is less.
Section 1040 (District Regulations) Page 34
June 23, 2011
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
7. The owner of the property shall reside in the principal dwelling unit
or in the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
9. In addition to the parking spaces required for the principal dwelling
unit on the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking spaces
shall not conflict with the principal dwelling unit parking spaces, and
shall comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 years to
ensure compliance with conditions of approval and ordinance
requirements for accessory dwelling units. Interim uses found to be
in compliance may be extended by the Zoning Administrator for
periods of up to 3 years each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
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, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Section 1040 (District Regulations) Page 35
June 23, 2011
D. Temporary real estate offices.
Subd. 7. Area Requirements. The following minimum requirements shall be met in
the RMF -1 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
** Internal: 20 feet between attached or multi family principal structures separated by common area.
Subd. 8. Single and Two Family Design Requirements. All single and two family
developments in RMF -1 shall follow the same Design Requirements as listed
in 1040.040, Subd 8.
Subd. 9. Special Minimum Requirements for Attached Dwelling Units.
A. Unit Size: The following unit size shall apply:
1. Floor Area: Five hundred (500) square foot minimum floor area for
efficiency apartment units. Minimum eight hundred (800) square feet
for a one - bedroom unit plus one hundred (100) square feet for each
additional bedroom. Seven hundred (700) square foot minimum floor
area for one - bedroom apartment dwelling units in retirement housing
developments, plus one hundred (100) square feet for each additional
bedroom. Garages, breezeways and porch floor spaces shall not be
credited in determining the required floor area of units.
Section 1040 (District Regulations) Page 36
June 23, 2011
Single Family
Townhome
Apartment /Condominium
Detached /Two
Family
Minimum Lot area
7,000 square
5,400 square feet
1 acre
feet /7,500
per unit
square feet
Minimum lot width
70 feet 150 feet
n a
100 feet
Structure Setbacks:
From Arterial Streets
100 feet
100 feet
100 feet
Front, From all other
25 feet
25 feet
25 feet
streets
Front Porch ( <_ 120
square feet
Side (living)"
10 feet
10 feet
30 feet
Rear
25 feet
25 feet
25 feet
Maximum Building
35 feet
35 feet
35 feet or three stories
Height
** Internal: 20 feet between attached or multi family principal structures separated by common area.
Subd. 8. Single and Two Family Design Requirements. All single and two family
developments in RMF -1 shall follow the same Design Requirements as listed
in 1040.040, Subd 8.
Subd. 9. Special Minimum Requirements for Attached Dwelling Units.
A. Unit Size: The following unit size shall apply:
1. Floor Area: Five hundred (500) square foot minimum floor area for
efficiency apartment units. Minimum eight hundred (800) square feet
for a one - bedroom unit plus one hundred (100) square feet for each
additional bedroom. Seven hundred (700) square foot minimum floor
area for one - bedroom apartment dwelling units in retirement housing
developments, plus one hundred (100) square feet for each additional
bedroom. Garages, breezeways and porch floor spaces shall not be
credited in determining the required floor area of units.
Section 1040 (District Regulations) Page 36
June 23, 2011
B. Unit Construction:
Subdivision Requests: Building elevations and floor plans shall be
furnished with subdivision requests illustrating exterior building
material and colors to demonstrate compliance of this title. Building
floor plans shall identify the interior storage space within each unit.
2. Decks or Porches: Provision shall be made for possible decks, porches
or additions as part of the initial dwelling unit building plans. The unit
lot shall be configured and sized to include decks or porches.
3. Exterior Building Finish: The exterior of attach ed /townhome dwelling
units shall include a variation in building materials which are to be
distributed throughout the building facades and coordinated into the
architectural design of the structure to create an architecturally
balanced appearance. In addition, attached /townhome dwelling
structures shall comply with the following requirements:
a. A minimum of twenty five percent (25 %) of the combined area of
all building facades of a structure shall have an exterior finish of
brick, stucco and /or natural or artificial stone.
b. Except for brick, stucco, and /or natural or artificial stone, no
single building facade shall have more than seventy five percent
(75 %) of one type of exterior finish.
c. Except for brick,, stucco, and /or natural or artificial stone, no
townhome dwelling structure shall have more than sixty percent
(60 %) of all building facades of one type of exterior finish.
d. For the purpose of this section and material calculations:
i. The area of the building facade shall not include area devoted
to windows, entrance doors, garage doors, or roof areas.
ii. Variations in texture or style (i.e., lap siding versus shake
shingle siding) shall be considered as different materials
meeting the requirements of this section.
iii. Integral colored split face (rock face) concrete block or plain
concrete block shall not qualify for meeting the brick, stucco
and /or natural or artificial stone material requirements.
4. Color. Each attached /townhome building shall feature a broad array
of colors, including earth tones, muted natural colors found in
surrounding landscape or other colors consistent with the adjacent
neighborhood. Buildings in proximity to each other shall not look
Section 1040 (District Regulations) Page 37
June 23, 2011
alike in terms of the combination of color siding, accent and roofing
materials. The home or townhome building under consideration will
be compared to two homes or townhome buildings on each side of it
and to the three homes or town home buildings directly facing it.
5. Facades and walls: Each attached /townhome dwelling unit shall be
articulated with projections, recesses, covered doorways, balconies,
covered box or bay windows or other similar features, dividing large
facades and walls into human scaled proportions similar to adjacent
single - family dwellings.
6. Roofs. Each attached /townhome building shall feature a combination
of primary and secondary roofs. Primary roofs shall be articulated by
at least one of the following elements:
a. Changes in place and elevation
b. Dormers or gables
c. Transitions to secondary roofs over entrances, garages, porches,
bay windows.
7. Garages:
a. Each dwelling unit shall include an attached garage.
b. Garages shall comply with the following minimum size standards:
For dwellings with basements: Four hundred forty (440)
square feet.
ii. For dwellings without basements: Five hundred forty (540)
square feet.
iii. Garages shall be a minimum of twenty feet (20') in width.
Section 1040 (District Regulations) Page 38
June 23, 2011
1040. 065 - RMF -2 (Mixed Residential) District.
Subd.1 Purpose. The purpose of the RMF -2, Mixed Residential District is intended to
provide areas offering a variety of housing types, including single- family
small lot detached and attached dwellings and multi - family structures to
retain the environment and character of less intensive styles of higher
density multiple - family residence areas by establishing building and lot area
requirements; to broaden the choice of residential living styles and create
opportunity for more affordable homes and homes that address the needs of
an aging population in a more compact development pattern that makes the
most efficient use of the City's land supply and investment in public utilities.
Areas zoned RMF -2 are guided Mixed Residential Density on the City's 2030
Comprehensive Plan. Development within this district is required at a
minimum density of 8.0 units per net acre up to a maximum of 10 units per
acre.
Subd. 2 Permitted uses.
A. Day Care Facilities, state licensed, as defined by statute.
B. Dwelling, single family detached
C. Dwelling, two - family;
D. Dwelling, single- family attached - 8 units per building maximum with
each unit having a separate entrance;
E. Dwelling, Senior (age restricted)
F. Dwellings, Multiple Family
G. 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.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer
D. Fences as regulated by section 1060 (Performance Standards) of this
chapter.
Section 1040 (District Regulations) Page 39
June 23, 2011
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
H. Signs as regulated by the City Code.
I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
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. Day Care facilities accessory to educational facilities or Places of
Worship /Assembly.
B. Educational facilities, K -12.
C. Places of Worship /Assembly
D. 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 for Single Family Detached Homes, subject to the
following:
1. Not more than one accessory dwelling unit shall be allowed on a
single- family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached 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.
Section 1040 (District Regulations) Page 40
June 23, 2011
4. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal dwelling unit or 800 square feet,
whichever is less.
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
7. The owner of the property shall reside in the principal dwelling unit
or in the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
9. In addition to the parking spaces required for the principal dwelling
unit on the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking spaces
shall not conflict with the principal dwelling unit parking spaces, and
shall comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 years to
ensure compliance with conditions of approval and ordinance
requirements for accessory dwelling units. Interim uses found to be
in compliance may be extended by the Zoning Administrator for
periods of up to 3 years each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
Section 1040 (District Regulations) Page 41
June 23, 2011
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
C. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
D. Temporary real estate offices.
Subd. 7. Area Requirements. The following minimum requirements shall be met in
the RMF -2 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
* Internal: 20 feet between attached or multi family principal structures separated by common area.
Subd. 8. Single and Two Family Design Requirements. All single and two family
developments in RMF -2 shall follow the same Design Requirements as listed
in 1040.040, Subd 8.
Subd. 9. Special Minimum Requirements for Attached Dwelling Units. All attached
dwelling unit developments in RMF -2 shall follow the same Design
Requirements as listed in 1040.060, Subd 9 (RMF -1 Design Requirements).
Section 1040 (District Regulations) Page 42
June 23, 2011
Single Family
Townhome
Apartment /Condominium
Detached /Two
Family
Minimum Lot area
6,000 square
5,000 square feet
1 acre
feet /7,000
per unit
square feet
Minimum lot width
60 feet 120 feet
n a
100 feet
Structure Setbacks:
From Arterial Streets
100 feet
100 feet
100 feet
Front, From all other
25 feet
25 feet
25 feet
streets
Front Porch ( <_ 120
square feet
Side*
10 feet
10 feet
30 feet
Rear
25 feet
25 feet
25 feet
Maximum Building
35 feet
35 feet
35 feet or three stories
Height
* Internal: 20 feet between attached or multi family principal structures separated by common area.
Subd. 8. Single and Two Family Design Requirements. All single and two family
developments in RMF -2 shall follow the same Design Requirements as listed
in 1040.040, Subd 8.
Subd. 9. Special Minimum Requirements for Attached Dwelling Units. All attached
dwelling unit developments in RMF -2 shall follow the same Design
Requirements as listed in 1040.060, Subd 9 (RMF -1 Design Requirements).
Section 1040 (District Regulations) Page 42
June 23, 2011
1040.070 - RMF -3 (High Density Residential) District
Subd. 1. Purpose. The RMF -3 district allows for the development of high density
multiple - family uses such as townhomes and apartments where municipal
sewer and water is available. This district addresses the need for life cycle
housing by offering an alternative to single family detached housing with a
required minimum density of 10 units per net acre or greater. Areas zoned
RMF -3 are guided High Density Residential on the 2030 Comprehensive
Plan..
Subd. 2. Permitted Uses.
A. Day Care Facilities, state licensed, as defined by statute.
B. Dwelling, Senior (age- restricted)
C. Dwelling, Multiple Family
D. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
E. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
F. Townhomes.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
H. Signs as regulated by the City Code.
Section 1040 (District Regulations) Page 43
June 23, 2011
I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. Day Care facilities accessory to educational facilities or Places of
Worship /Assembly.
B. Educational facilities, K -12.
C. Places of Worship /Assembly.
D. 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. 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, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
D. Temporary real estate offices.
Section 1040 (District Regulations) Page 44
June 23, 2011
Subd. 7. Area Requirements. The following minimum requirements shall be met in
the RMF -3 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum Base Lot Area
1 acre
Minimum Base Lot Width
150 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 or three stories
Subd. 8. Special Minimum Requirements for Multi - Family Residential Developments.
A. Unit Size: Floor Area: Five hundred (500) square foot minimum floor area
for efficiency apartment units. Minimum eight hundred (800) square feet
for a one - bedroom unit plus one hundred (100) square feet for each
additional bedroom. Seven hundred (700) square foot minimum floor
area for one - bedroom apartment dwelling units in retirement housing
developments, plus one hundred (100) square feet for each additional
bedroom. Garages, breezeways and porch floor spaces shall not be
credited in determining the required floor area of units
B. Parking: The design and maintenance of off street parking areas and the
required number of parking spaces shall be in accordance with Section
1060.060 of this title. Private driveways for garages in townhouse
developments shall be a minimum of twenty feet (20') in length to allow
vehicle parking on the driveway.
C. Trash Handling and Recycling: All trash, recyclable materials, and trash
and recyclable materials handling equipment shall be stored within the
principal structure, totally screened from public view by the principal
building, or stored within an accessory structure constructed of building
materials compatible with the principal structure, enclosed by a roof, and
readily served through swinging doors.
D. On Site Screening: All mechanical equipment, utility meters, storage and
service areas and similar features shall be completely screened from the
eye level view from adjacent properties and public streets, or designed to
be compatible with the architectural treatment of the principal structure.
E. Building Design and Materials - Multi - family (stacked): All buildings shall
be designed to accomplish the goals and policies of the comprehensive
plan. Building materials shall be attractive in appearance, durable, and of
Section 1040 (District Regulations) Page 45
June 23, 2011
a quality which is both compatible with adjacent structures and
consistent with the city's standards for the district in which it is located.
All buildings shall be of good aesthetic and architectural quality, as
demonstrated by the inclusion of elements such as accent materials,
entrance and window treatments, contrasting colors, irregular building
shapes and rooflines, or other architectural features in the overall
architectural concept.
a. Major exterior surfaces on all walls facing a public street, park or open
space shall include a minimum of fifty percent (50 %) of the combined
area of all building facades of a structure shall contain following
permitted major exterior materials: face brick (glazed or unglazed),
clay faced tile, stone masonry (granite, limestone, marble, slate,
sandstone, or quartzite).
2. Accent materials may include: finished texture stucco (cement or
synthetic), natural or cultured stone, exterior finished wood siding
(painted, stained, or weather sealed), exterior finished metal siding
(not including sheet metal of any kind), exterior finished vinyl siding
or fiber cement siding in lap or panel design (color impregnated or
painted). Panel seam lines shall be architecturally integrated into the
building design so that they are not visible. Seam lines can either be
filled, covered with accent material or some other method to make
seam lines invisible. Accenting materials and design shall be included
on all facades.
3. All building and roofing materials shall meet current accepted
industry standards, and tolerances, and shall be subject to review and
approval by the city for quality, durability, and aesthetic appeal. The
applicant shall submit to the city product samples, color building
elevations, and associated drawings which illustrate the construction
techniques to be used in the installation of such materials.
4. If complementary building styles, materials, and color schemes are
proposed for a development, the developer shall submit to the city a
plan showing the distribution of the styles, materials, and colors
throughout the development.
S. All townhome designs shall comply with the standards in Section
1040, Subd. 9 (RMF -1 Design Requirements).
F. Parking Lot Screening:
1. The light from automobile headlights and other sources shall be
screened whenever it may be directed onto residential windows.
Section 1040 (District Regulations) Page 46
June 23, 2011
2. When required parking areas abut any residential district, the edge
nearest the lot line shall be completely screened to a height of at least
three and one -half feet (31/2') above the parking grade. Such
screening shall either be constructed of durable building materials
designed in harmony with the principal structure or accomplished
through use of earth mounds and /or landscape materials as
approved.
3. When the design of the site is such that parking occurs in the front
yard, a minimum of ten feet (10') landscaped area shall be provided
between parking and building, in addition to the required setbacks.
G. Recreational Facilities: On site recreational facilities, such as swimming
pools, tennis courts, play equipment, walking trails, gardens, and
basketball courts, that are suitable for the projected population of the
development shall be provided when the nearest public park is more than
one -half (1 /2) mile or across a thoroughfare or arterial roadway from the
development.
H. Common Areas. The following minimum requirements shall be observed
in the RMF -3 district governing common areas:
Ownership: All common areas within an RMF -3 development not
dedicated to the public including, but not limited to, open space,
driveways, private drives, parking areas, play areas, etc., shall be
owned in one of the following manners:
a. Condominium ownership pursuant to Minnesota statutes 515A.1-
106.
b. Twinhome, townhome subdivision common areas shall be owned
by the owners of each unit lot, with each owner of a unit having an
equal and undivided interest in the common area.
2. Homeowners' Association: A homeowners' association shall be
established for all townhome developments within the RM district,
subject to review and approval of the city attorney, and shall be
responsible for all exterior building maintenance, approval of any
exterior architectural modifications, landscaping, snow clearing and
regular maintenance of private driveways and other areas owned in
common when there is more than one individual property owner
having interest within the development.
Section 1040 (District Regulations) Page 47
June 23, 2011
1040.080 - 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.
A. Manufactured homes.
B. 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.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer individuals.
D. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
E. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
F. Private recreational facilities.
G. 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:
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:
A. 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.
Section 1040 (District Regulations) Page 48
June 23, 2011
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 Area
7,200 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. 8. Performance Standards.
A. A central community building shall be provided and shall include the
following features:
1. Laundry facilities with washers and dryers.
2. Public toilets and lavatories.
3. Heating and cooling equipment must be maintained in good operating
order.
4. The building shall be maintained in a safe, sanitary and clean
condition.
B. Tornado shelter facilities must be provided and adequately sized to safely
accommodate all occupants.
C. At least 10 percent of the total manufactured home park shall be
dedicated as private recreational space. Such space shall be provided and
maintained at the owner's expense.
D. Sidewalks must be provided on both sides of all streets.
Section 1040 (District Regulations) Page 49
June 23, 2011
E. Upgrading. Prior to locating a manufactured home housing unit
constructed prior to July 1, 1972, on a lot within a manufactured home
park within the City, said unit shall be upgraded to current life safety
codes and subject to the approval of the Building Official.
F. Maintenance. All land within the park shall be adequately drained,
landscaped to control dust and kept free from refuse, garbage, rubbish or
debris.
G. Outdoor Camping. There shall not be outdoor camping anywhere in a
manufactured home park.
H. Public Access. Public access to manufactured housing parks shall be as
approved by the City.
I. Foundation Enclosure. The area beneath a manufactured home shall be
enclosed except that such enclosure must have access for inspection.
J. Building Permit.
All structures (fences, storage, decks, etc.) shall require a building
permit from the Building Official. Fences shall be prohibited on
individual manufactured home lots.
2. Prior to a manufactured home being moved into a lot, the owner shall
apply for and obtain a building permit for the (foundation) blocking to
State Code and a permit for connection to public sewer and water.
The application for permits shall be accompanied by a site plan,
drawn to scale, detailing the unit placement, accessory structures and
setbacks.
K. Building Requirements.
1. Each manufactured home site must be provided with anchors and tie
downs, such as cast in place concrete foundations, screw augers,
arrowhead anchors or other devices to provide stability for the home.
2. Anchors and tie downs shall be placed at each corner of the home and
each anchor shall be able to sustain a minimum tensile force of 2,800
pounds.
3. Building Type and Construction. Any building addition shall either be
manufactured or custom built of materials that are consistent or
compatible to the design of the principal building. "Compatible"
means that the exterior appearance of an accessory building is not at
Section 1040 (District Regulations) Page 50
June 23, 2011
variance with the principal building from an aesthetic and
architectural standpoint to cause:
a. A difference to a degree to cause incongruity with the principal
building.
b. A deviation from the general character of the neighborhood.
c. A depreciation of neighborhood values or adjacent property
values.
d. A nuisance. Types of nuisance characteristics include, but are not
limited to noise, dust, odors, glare and unsightly building exterior.
L. Parking.
1. Each manufactured home site shall have off - street parking spaces for
two passenger vehicles.
2. Parking must be located at least 15 feet from any home.
3. All parking spaces shall be hard surfaced according to specifications
established by the City.
M. Utilities.
1. Homes must be served by both central or individual water and on -site
sanitary sewer system approved by the State.
2. If municipal sewer and water is available, the Manufactured home
Park may connect to the municipal system. The owner shall pay any
required sewer and water connection fees to the City.
3. The City must approve surface water and storm water management
plans.
4. The City must approve all utility systems and connections.
S. The source of fuel for cooking, heating or other purposes at each
manufactured home site shall be as approved by the City.
6. All utilities shall be underground; there shall be no overhead wires or
supporting poles except those essential for street or other lighting
purposes.
Section 1040 (District Regulations) Page 51
June 23, 2011
7. No obstruction shall be permitted that impedes the inspection of
plumbing, electrical facilities, and related manufactured home
equipment.
8. The City must approve the method of garbage, waste, and trash
disposal.
9. The owner shall pay inspection and testing fees for utility service to
the City.
N. Internal Roads and Streets
1. Roads shall be hard surfaced as approved by the City.
2. All streets shall be private streets and shall be developed with a
roadbed of not less than 60 feet in width and shall meet City design
specifications.
3. Curb and gutter shall be provided on all streets to direct drainage
away from homes.
4. The park shall have a street lighting plan approved by the City.
0. Landscaping. A landscape screen meeting the requirements of Section
1060.060 of this chapter shall be installed and maintained around the
entire perimeter of each manufactured home park.
P. Lighting. Lights must be maintained in all community buildings during all
hours of darkness. The manufactured home park grounds shall be lighted
as approved by the City from sunset to sunrise.
Q. Storage.
Enclosed storage lockers containing a minimum of 40 square feet shall
be located adjacent to each home.
2. Each Manufactured home Park shall have a minimum of 5,000 square
feet of dead storage for each 50 home sites. Such areas shall be
conveniently located and equipped with security fencing.
3. No more than two vehicles may be stored on site for a period of more
than 48 hours. No vehicles without a current license shall be allowed
within the park.
4. All boats, trailers, snowmobiles, recreational vehicles and other
equipment not stored within the manufactured home, storage locker
Section 1040 (District Regulations) Page 52
June 23, 2011
or dead storage area and shall not be stored on the site or on streets
within the Manufactured Home Park.
R. Fire Protection.
1. Cooking shelters, barbeque pits, fireplaces, wood - burning stoves and
incinerators shall be located, constructed, maintained and used to
minimize fire hazards and smoke. No open fire shall be left
unattended. No fuel shall be used and no material burned which
emits dense smoke or objectionable odors.
2. Manufactured home parks shall be kept free of litter, rubbish and
other flammable materials.
3. Portable fire extinguishers rated for Class A, B and C fires shall be kept
visible in community buildings and public spaces. The extinguishers
shall be readily accessible for use by all occupants and shall be
maintained in good operating condition. Capacity shall be not less
than 2.5 gallons or 5 pounds of carbon dioxide for Class A and 10
pounds of dry powder for Class B and C extinguishers.
4. Design and placement of fire hydrants throughout the Park shall be as
approved by the Fire Chief to ensure adequate fire protection.
S. Registration. It shall be the duty of the operator of the Park to maintain a
current record of all manufactured homeowners and occupants located
within the park. The register shall be available for inspection at all times
by authorized City, County or State officials whose duty requires
acquisition of the information contained in the register. The records
must be maintained at least 3 years after the date of departure of a
registrant from the park. The register shall contain the following
information:
1. The name and address of each manufactured home occupant.
2. The name and address of the owner of each manufactured home.
3. The make, model, year and license number of each manufactured
home.
4. The state, territory or county issuing such license.
S. The date of arrival and departure of each manufactured home.
6. The number and type of motor vehicles of residents in the park.
Section 1040 (District Regulations) Page 53
June 23, 2011
T. 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.
Section 1040 (District Regulations) Page 54
June 23, 2011
1040.090 - CR (Rural Commercial
jt
Subd. 1. Purpose. This district is the existing Burschville area located at the
intersection of County Road 19 and County Road 10. The intent of this
district to provide a mix of neighborhood commercial uses and rural
industrial, such as contractor's yards and similar uses that do not require
municipal water or sanitary sewer services. Municipal sewer and water will
not be provided in this area.
Subd. 2. Permitted Uses.
A. Automobile Retail (tires, batteries, etc. No body work or repair work).
B. Day Care Facilities, state licensed, as defined by statute.
C. Day Care, Commercial.
D. Government and public utilities buildings and structures.
E. Offices, medical and professional.
F. Retail goods and service uses of a similar nature.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Adult Entertainment Business, subject to Chapter 113 of the City Code.
B. Commercial Kennels, subject to Chapter 81 of the City Code.
C. Commercial recreation and entertainment (not to exceed 5,000 square
feet).
D. Contractors Operations.
E. Greenhouses and Nurseries, subject to the following:
1. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All
Section 1040 (District Regulations) Page 55
June 23, 2011
structures shall be set back at least 100 feet from any residential
property line.
2. On -site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
3. Adequate off - street parking is provided on an improved surface as
required by this ordinance.
4. Adequate parking, loading and maneuvering areas shall be provided.
5. Loading areas are screened from adjacent residential uses.
6. Well and Septic Systems can be accommodated on site to serve the
proposed facility.
7. Not more than 30 percent of the site area shall be covered with
buildings or other structures.
8. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
9. 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.
10. The site complies with the minimum lot area standards for the
district.
11. Sale of accessory items shall be permitted, provided they do not
generate more than 20 percent of the sales (measured by retail value
or sales volume) for the business nor cover more than 10 percent of
the site area.
12. At least 50 percent of the nursery stock to be sold on site must be
grown on site.
13. The provisions of Section 1070.020 of this ordinance are considered
and satisfactorily met.
F. Laboratories /research facilities.
G. Lumber Yards /building material sales.
Section 1040 (District Regulations) Page 56
June 23, 2011
H. Mini Storage /Self Storage Facilities.
Units are to be used for dead storage only. Units are not to be used for
retailing, auto repair, human habitation, or any commercial activity,
except as allowed by this section.
2. Combining office and /or retail space with a self - service storage
facility may be allowed by Conditional Use Permit.
3. Storage of hazardous or flammable materials is prohibited.
4. No exterior storage is allowed.
5. The facility shall be secured by either the walls of the structure
and /or fencing. All doors on the units shall face inward and away
from the street and property lines.
6. An on -site manager is allowed only where adequate sanitary facilities
are provided, either through use of a septic system or through
connection to the public sanitary sewer system. Use of portable
sanitary facilities does not fulfill this requirement.
I. Motor Fuel Stations.
That the proximate area and location of space devoted to non -
automotive merchandise sales shall be specified in the application and
in the conditional use permit. Exterior sales or storage shall be only
as allowed by the conditional use permit.
2. The off - street loading space(s) and building access for delivery of
goods shall be separate from customer parking and entrances and
shall not cause conflicts with customer vehicles and pedestrian
movements.
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.
Section 1040 (District Regulations) Page 57
June 23, 2011
S. All canopy lighting for motor fuel station pump islands shall be
recessed or shielded to provide a 90- degree cutoff. Illumination levels
for pump islands shall not exceed 30 -foot candles.
6. Litter Control. The operation shall be responsible for litter control
within 300 feet of the premises and litter control is to occur on a daily
basis. Trash receptacles must be provided at a convenient location on
site to facilitate litter control.
J. Motor Vehicle, Boat or Equipment Repair.
All servicing of vehicles and equipment shall occur entirely within the
principal structure.
2. To the extent required by State law and regulations, painting shall be
conducted in an approved paint booth, which thoroughly controls the
emission of fumes, dust, or other particulated matter.
3. Storage and use of all flammable materials, including liquid and rags,
shall conform with applicable provisions of the Minnesota Uniform
Fire Code.
4. Parking, driveway, and circulation standards and requirements shall
be subject to the review and approval of the City and shall be based
upon the specific needs of the operation and shall accommodate large
vehicle equipment and semi - trailer /tractor trucks.
5. The storage of damaged vehicles and vehicle parts and accessory
equipment must be completely inside a principal or accessory
building.
6. The sale of products other than those specifically mentioned in this
Section shall be subject to a separate conditional use permit
K. Motor Vehicle, Boats and Equipment Sales.
1. All sales shall occur on one lot.
2. Parking areas for the outside storage and sale of vehicles, boats and
trailers, shall be on impervious surface, either bituminous, concrete,
or approved equivalent.
3. Interior concrete or asphalt curbs shall be constructed within the
property to separate driving and parking areas from landscaped
areas. Interior curbs shall be a nominal 6- inches in height or greater.
Section 1040 (District Regulations) Page 58
June 23, 2011
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. Parking for sales display 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.
8. Open or outdoor services, sales and equipment rental.
L. Places of Worship /Assembly.
M. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
N. Veterinary clinic, Animal Hospital and related indoor kennel; and pet
grooming.
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. Accessory Dwelling Unit, subject to the following:
1. Not more than one accessory dwelling unit shall be allowed on a lot.
2. An accessory dwelling unit shall comply with the same minimum
building setback requirements as required for the principal structure
and shall be attached to the principal structure.
3. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal use or 800 square feet, whichever is
less.
4. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot,
Section 1040 (District Regulations) Page 59
June 23, 2011
5. The owner of the property or the property caretaker shall reside in
the principal dwelling unit or in the accessory dwelling unit.
6. There shall be no separate ownership of the accessory dwelling unit.
7. Rental of the accessory dwelling unit separate from the principal use
is prohibited.
8. In addition to the parking spaces required for the principal use on the
lot, 2 off - street parking spaces shall be provided for an accessory
dwelling unit. Such accessory dwelling unit parking spaces shall not
conflict with the principal use parking spaces, and shall comply with
the requirements of this Chapter.
9. An accessory dwelling unit shall have a separate address from the
principal use on the lot, and shall be identified with address numbers.
10. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
11. The interim use permit shall be issued for 3 years in accordance with
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 years to
ensure compliance with conditions of approval and ordinance
requirements for accessory dwelling units. Interim uses found to be
in compliance may be extended by the Zoning Administrator for
periods of up to 3 years each.
B. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
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.
1. Seasonal outdoor retail sales shall not exceed a combined total of 120
days in any 12 -month period. Outdoor retail sales shall not occupy an
area exceeding 10 percent of a lot's area, and shall meet all yard
setback requirements.
Section 1040 (District Regulations) Page 60
June 23, 2011
2. Where seasonal outdoor retail sales are conducted in a parking lot,
they shall be confined to a defined area, and not be allowed to
obstruct access of emergency vehicles or pose a traffic safety problem.
Temporary fencing or other suitable mechanisms shall be used to
delineate the sales area and provide for pedestrian safety.
3. Where tents, temporary green houses, or similar structures are used
to store, and /or display merchandise, they shall be anchored to
provide a wind -load resistance of 40 miles per hour.
D. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
E. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Subd. 7. Area Requirements. The following minimum requirements shall be met in
the CR district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
2.5 acres
Minimum 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%
Section 1040 (District Regulations) Page 61
June 23, 2011
1040.095 - 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.
A. Day Care Facilities, state licensed, as defined by statute.
B. Dwelling, single family detached.
C. Seasonal Produce Stands.
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.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
H. 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:
Section 1040 (District Regulations) Page 62
June 23, 2011
A. 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 lot.
2. An accessory dwelling unit shall comply with the same minimum
building setback requirements as required for the principal structure
and shall be attached to the principal structure.
3. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal use or 800 square feet, whichever is
less.
4. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot,
S. The owner of the property or the property caretaker shall reside in
the principal dwelling unit or in the accessory dwelling unit.
6. There shall be no separate ownership of the accessory dwelling unit.
7. Rental of the accessory dwelling unit separate from the principal use
is prohibited.
8. In addition to the parking spaces required for the principal use on the
lot, 2 off - street parking spaces shall be provided for an accessory
dwelling unit. Such accessory dwelling unit parking spaces shall not
conflict with the principal use parking spaces, and shall comply with
the requirements of this Chapter.
9. An accessory dwelling unit shall have a separate address from the
principal use on the lot, and shall be identified with address numbers.
10. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
Section 1040 (District Regulations) Page 63
June 23, 2011
11. The interim use permit shall be issued for 3 years in accordance with
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 years to
ensure compliance with conditions of approval and ordinance
requirements for accessory dwelling units. Interim uses found to be
in compliance may be extended by the Zoning Administrator for
periods of up to 3 years each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
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
Section 1040 (District Regulations) Page 64
June 23, 2011
1040.100 - C -1 (Neighborhood Commercial)
Subd. 1. Purpose. The purpose of the Neighborhood Commercial (C -1) District is to
allow single and multi -use commercial buildings containing convenience
retail and service commercial uses at major intersections on small
neighborhood scale sites where public sewer is available and sites are
designated in the 2030 Comprehensive Plan. The district is intended to
accommodate the basic needs of neighborhoods that would not otherwise
have convenient access to retail areas in the City. Due to the proximity to
residential neighborhoods new buildings shall appear to have similar scale
and design elements as the neighboring buildings. Businesses requiring
exterior storage for processing retail sales or wholesale activities are not
permitted in this district. New development within this district will be
allowed only when a full range of municipal services and facilities are
available to serve the area.
Subd. 2. Permitted Uses.
A. Bakery, retail
B. Banks, savings and loan, credit unions and other financial institutions,
with or without drive - through.
C. Barbers, Beauty Shops and similar personal service uses.
D. Copy /print shop
E. Day Care Facilities, state licensed, as defined by statute.
F. Dry cleaning and laundry pick up, incidental pressing and repair without
dry cleaning processing.
G. Government and public utilities buildings and structures.
H. Hotel, inns and bed and breakfast establishments
I. Offices, medical and professional.
J. Public and Private Clubs and Lodges.
K. Retail goods and service uses of a similar nature within a fully enclosed
building (without drive - through and not to exceed 50,000 square feet).
L. Restaurants and cafes (without drive - through).
M. Taverns
Section 1040 (District Regulations) Page 65
June 23, 2011
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer individuals.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Automobile Retail (tires, batteries, etc. No body work or repair work).
B. Car Washes.
1. The site shall provide stacking space for the car wash. The amount of
stacking space shall take into account the type of car wash and the
amount of time it takes to wash a vehicle. Stacking spaces shall not
interfere with parking spaces or traffic circulation.
2. The exit from the car wash shall have a drainage system which is
subject to the approval of the City and gives special consideration to
the prevention of ice build -up during winter months.
3. Hours of operation shall be limited to between 7:00 a.m. and 10:00
p.m. daily.
C. Commercial recreation and entertainment.
D. Drive - through businesses, subject to the standards outlined in Section
1060.060, Subd. 12..
E. 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.
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.
Section 1040 (District Regulations) Page 66
June 23, 2011
4. Adequate parking, loading and maneuvering areas shall be provided.
5. Loading areas are fully screened from adjacent residential uses.
6. Not more than 30 percent of the site area shall contain outdoor
storage of plants, accessory items and landscaping materials. All
other sales and product storage areas must be within an approved
building or structure..
7. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
8. 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.
9. The site complies with the minimum lot area standards for the
district.
10. Sale of accessory items shall be permitted for the business as long as
they cover no more than 10 percent of the outside site area.
11. The provisions of Section 1070.020 of this ordinance are considered
and satisfactorily met.
F. Hospitals, nursing home and similar care facilities.
G. Health clubs and fitness centers less than 5,000 square feet in size.
H. Motor Fuel Stations.
That the proximate area and location of space devoted to non -
automotive merchandise sales shall be specified in the application and
in the conditional use permit. Exterior sales or storage shall be only
as allowed by the conditional use permit.
2. The off - street loading space(s) and building access for delivery of
goods shall be separate from customer parking and entrances and
shall not cause conflicts with customer vehicles and pedestrian
movements.
Section 1040 (District Regulations) Page 67
June 23, 2011
3. Motor fuel facilities shall be installed in accordance with State and
City standards. Additionally, adequate space shall be provided to
access gas pumps and to allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow
adequate access by motor fuel transports and unloading operations
which do not conflict with circulation, access and other activities on
the site. Fuel pumps shall be installed on pump islands.
4. All buildings, canopies, and pump islands shall be located to comply
with the minimum setback requirements of the zoning district in
which they are located.
S. All canopy lighting for motor fuel station pump islands shall be
recessed or shielded to provide a 90- degree cutoff. Illumination levels
for pump islands shall not exceed 30 -foot candles.
6. Litter Control. The operation shall be responsible for litter control
within 300 feet of the premises and litter control is to occur on a daily
basis. Trash receptacles must be provided at a convenient location on
site to facilitate litter control.
I. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
Veterinary clinic, Animal Hospital and related indoor kennel; and pet
grooming.
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.
A. Essential Services, as allowed by Section 1030.090.
B. Seasonal Outdoor Retail Sales.
1. Seasonal outdoor retail sales shall not exceed a combined total of 120
days in any 12 -month period. Outdoor retail sales shall not occupy an
area exceeding 10 percent of a lot's area, and shall meet all yard
setback requirements.
Section 1040 (District Regulations) Page 68
June 23, 2011
2. Where seasonal outdoor retail sales are conducted in a parking lot,
they shall be confined to a defined area, and not be allowed to
obstruct access of emergency vehicles or pose a traffic safety problem.
Temporary fencing or other suitable mechanisms shall be used to
delineate the sales area and provide for pedestrian safety.
3. Where tents, temporary green houses, or similar structures are used
to store, and /or display merchandise, they shall be anchored to
provide a wind -load resistance of 40 miles per hour.
C. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Subd. 7. Area Requirements. The following minimum requirements shall be met in
the C -1 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum lot area:
Single-tenant building
25,000 square feet
Multi- tenant building
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 Building Size
50,000 square feet
Maximum Impervious Surface Coverage
80%
Section 1040 (District Regulations) Page 69
June 23, 2011
1040.110 - 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.
B. Banks, savings and loan, credit unions and other financial institutions,
with or without drive - through.
C. Barbers, Beauty Shops and similar personal service uses.
D. Day Care Facilities, state licensed, as defined by statute.
E. Department Stores.
F. Drug Stores, Variety Stores, etc.
G. Dry cleaning and laundry pick up, incidental pressing and repair without
dry cleaning processing.
H. Funeral Homes and Mortuaries.
I. 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.
P. Liquor —Off- sale /On -sale.
Q. Offices, medical and professional.
Section 1040 (District Regulations) Page 70
June 23, 2011
R. Public and Private Clubs and Lodges.
S. Retail goods and service uses of a similar nature.
T. Restaurants and cafes (without drive - through).
U. Retail goods and service uses of a similar nature
V. Sporting Goods and similar retail sales.
W. Tailoring services, shoe repair and similar services.
X. Taverns
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer individuals.
D. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Assisted Living Facility.
B. Automobile Retail (tires, batteries, etc. No body work or repair work).
C. Car Wash.
1. The site shall provide stacking space for the car wash. The amount of
stacking space shall take into account the type of car wash and the
amount of time it takes to wash a vehicle. Stacking spaces shall not
interfere with parking spaces or traffic circulation.
2. The exit from the car wash shall have a drainage system which is
subject to the approval of the City and gives special consideration to
the prevention of ice build -up during winter months.
D. Commercial recreation and entertainment.
Section 1040 (District Regulations) Page 71
June 23, 2011
E. Drive - through businesses, subject to the standards outlined in Section
1060.060, Subd. 12.
F. Dwelling, Multiple Family
G. Greenhouses and Nurseries, subject to the following:
1. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All
structures shall be set back at least 100 feet from any residential
property line.
2. On -site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
3. Adequate off - street parking is provided on an improved surface as
required by this ordinance.
4. Adequate parking, loading and maneuvering areas shall be provided.
5. Loading areas are screened from adjacent residential uses.
6. Not more than 30 percent of the site area shall be covered with
buildings or other structures.
7. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
8. 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.
9. The site complies with the minimum lot area standards for the
district.
10. Sale of accessory items shall be permitted, provided they do not
generate more than 20 percent of the sales (measured by retail value
or sales volume) for the business nor cover more than 10 percent of
the site area.
11. At least 50 percent of the nursery stock to be sold on site must be
grown on site.
Section 1040 (District Regulations) Page 72
June 23, 2011
12. The provisions of Section 1070.020 of this ordinance are considered
and satisfactorily met.
H. Hospitals, nursing home and similar care facilities.
I. Hotel, inns and bed and breakfast establishments.
J. Motor Fuel Stations.
That the proximate area and location of space devoted to non -
automotive merchandise sales shall be specified in the application and
in the conditional use permit. Exterior sales or storage shall be only
as allowed by the conditional use permit.
2. The off - street loading space(s) and building access for delivery of
goods shall be separate from customer parking and entrances and
shall not cause conflicts with customer vehicles and pedestrian
movements.
3. Motor fuel facilities shall be installed in accordance with State and
City standards. Additionally, adequate space shall be provided to
access gas pumps and to allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow
adequate access by motor fuel transports and unloading operations
which do not conflict with circulation, access and other activities on
the site. Fuel pumps shall be installed on pump islands.
4. All buildings, canopies, and pump islands shall be located to comply
with the minimum setback requirements of the zoning district in
which they are located.
S. All canopy lighting for motor fuel station pump islands shall be
recessed or shielded to provide a 90- degree cutoff. Illumination levels
for pump islands shall not exceed 30 -foot candles.
6. Litter Control. The operation shall be responsible for litter control
within 300 feet of the premises and litter control is to occur on a daily
basis. Trash receptacles must be provided at a convenient location on
site to facilitate litter control.
K. Places of Worship /Assembly.
L. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
Section 1040 (District Regulations) Page 73
June 23, 2011
M. Veterinary clinic, Animal Hospital and related indoor kennel; and pet
grooming..
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.
A. Essential Services, as allowed by Section 1030.090.
B. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located..
C. Seasonal Outdoor Retail Sales.
D. 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.
E. 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.
F. 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.
Section 1040 (District Regulations) Page 74
June 23, 2011
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%
Section 1040 (District Regulations) Page 75
June 23, 2011
1040.120 - BP (Business Park)
Subd. 1. Purpose. The intent of this district is to provide for the establishment of
campus developments with a variety of office, low- impact manufacturing or
assembly of a variety of products that create no exterior noise, glare or
fumes. Uses allowed in this district are limited to those that are compatible
with lower intensity residential and business uses and which have limited
amounts of outside storage. Developments in this district will provide a
number of amenities, including architectural controls, landscaping,
preservation of natural features, etc. New development within this district
will be allowed only when a full range of municipal services and facilities are
available to serve the area.
Subd. 2. Permitted Uses.
A. Banks, savings and loan, credit unions and other financial institutions,
with or without drive - through.
B. Commercial printing establishments.
C. Conference centers and reception halls.
D. Essential services and structures.
E. Government and public utilities buildings and structures..
F. Laboratories /research facilities..
G. Light Industrial.
H. Manufacturing or assembly of products that produce no exterior noise,
glare, fumes, obnoxious products, byproducts or wastes or creates other
objectionable impact on the environment.
I. Offices, medical and professional.
J. Office Warehouse.
K. Radio and television stations or studios.
L. Technical, vocational, business and college /university satellite
facilities /schools.
M. Warehousing and indoor storage used in conjunction with offices or
manufacturing facilities.
Section 1040 (District Regulations) Page 76
June 23, 2011
N. Wholesale Showrooms.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
D. Tenant restaurants, cafeterias, and retail service limited to tenants of the
building, provided that they be essentially limited to providing service to
the users of the permitted use, and that no signs or other evidence of
these uses are visible from the exterior of the building.
Subd. 4. Conditional Uses. The following are conditional uses, 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. Day Care, Commercial.
B. Hotel, inns and bed and breakfast establishments.
C. Retail Uses accessory to permitted development limited to 10 percent of
the gross floor area of the building.
D. 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:
A. School facility, leasing space.
B. 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.
Section 1040 (District Regulations) Page 77
June 23, 2011
C. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Subd. 7. Area Requirements. The following minimum requirements shall be met in
the BP district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
1 acre
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
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 1040 (District Regulations) Page 78
June 23, 2011
1040.125 - I -1 (Light Industrial
Subd. 1. Purpose. The purpose of the I -1, Light Industrial District is providing for the
establishment of warehousing and light industrial development. The overall
character of the I -1 District is intended to have a low impact
manufacturing /warehouse character. Industrial uses allowed in this district
shall be limited to those which can compatibly exist adjacent to both lower
intensity business uses and high intensity manufacturing uses and which
have limited amounts of truck traffic. Because I -1 may abut residential uses
the 1 -1 uses are regulated in height, lot coverage, setbacks, landscaping,
loading and use type so as to facilitate compatibility between these uses and
residential development. New development within this district will be
allowed only when a full range of municipal services and facilities area
available to serve the area.
Subd. 2. Permitted Uses.
A. Automotive detailing shops.
B. Contractors operations
C. Commercial printing establishments.
D. Equipment rental
E. Essential services and structures.
F. Government and public utilities buildings and structures.
G. Indoor sports and recreation (commercial) provided the structure and
use is located at least one hundred feet (100') form any residential zoning
district.
H. Laboratories /research facilities.
I. Manufacturing or assembly of products that produce no exterior noise,
glare, fumes, obnoxious products, byproducts or wastes or creates other
objectionable impact on the environment.
J. Lumber yards /building material sales.
K. Offices, medical and professional..
L. Printing and publishing.
M. Radio and television stations or studios
Section 1040 (District Regulations) Page 79
June 23, 2011
N. Recycling facility- indoor
0. Warehousing /distribution and indoor storage.
P. Wholesale Showrooms.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
D. Retail sales related to the processing of product on site so long as it does
not exceed thirty percent (30 %) of the floor space of the principal
building.
E. Tenant restaurants, cafeterias, and retail service limited to tenants of the
building, provided that they be essentially limited to providing service to
the users of the permitted use, and that no signs or other evidence of
these uses are visible from the exterior of the building.
Subd. 4. Conditional Uses. The following are conditional uses, 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. Day Care, Commercial.
B. Mini Storage /Self Storage Facilities.
Units are to be used for dead storage only. Units are not to be used for
retailing, auto repair, human habitation, or any commercial activity,
except as allowed by this section.
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.
Section 1040 (District Regulations) Page 80
June 23, 2011
S. 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.
C. Motor Vehicle, Boat or Equipment Repair.
1. All servicing of vehicles and equipment shall occur entirely within the
principal structure.
2. To the extent required by State law and regulations, painting shall be
conducted in an approved paint booth, which thoroughly controls the
emission of fumes, dust, or other particulated matter.
3. Storage and use of all flammable materials, including liquid and rags,
shall conform with applicable provisions of the Minnesota Uniform
Fire Code.
4. Parking, driveway, and circulation standards and requirements shall
be subject to the review and approval of the City and shall be based
upon the specific needs of the operation and shall accommodate large
vehicle equipment and semi - trailer /tractor trucks.
5. The storage of damaged vehicles and vehicle parts and accessory
equipment must be completely inside a principal or accessory
building.
6. The sale of products other than those specifically mentioned in this
Section shall be subject to a separate conditional use permit
D. Motor Vehicle, Boats and Equipment Sales.
1. All sales shall occur on one lot.
2. Parking areas for the outside storage and sale of vehicles, boats and
trailers, shall be on impervious surface, either bituminous, concrete,
or approved equivalent.
3. Interior concrete or asphalt curbs shall be constructed within the
property to separate driving and parking areas from landscaped
areas.
Section 1040 (District Regulations) Page 81
June 23, 2011
4. All areas of the property not devoted to buildings or parking areas
shall be landscaped in accordance with this ordinance.
5. Off- street parking shall be provided for customers and employees in
accordance with this ordinance.
6. Parking for a motor vehicle, boat, or trailer sales shall not be less than
9 feet wide by 18.5 feet in length.
E. Outside Storage, accessory to an allowed use provided that:
1. Storage area is blacktop or concrete surfaced unless specifically
approved by the City Council.
2. The storage area does not take up parking space or loading space as
required for conformity to this Chapter.
3. The storage area is screened from public streets and surrounding
properties.
F. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
G. Trade Schools, Seminaries and other Higher Education Facilities.
H. Veterinary clinic, Animal Hospital and related indoor kennel; and pet
grooming.
Subd. 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. Land reclamation, mining and soil processing
B. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Section 1040 (District Regulations) Page 82
June 23, 2011
Subd. 7. Area Requirements. The following minimum requirements shall be met in
the I -1 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
50 feet
Side
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Building Height
45 feet
Maximum Impervious Surface Coverage
70%
Section 1040 (District Regulations) Page 83
June 23, 2011
1040.130 - Downtown Mixed Use (DMU) District
Subd. 1. Purpose. The purpose of the Downtown Mixed Use District is to provide for
the orderly and integrated development of a high quality downtown. The
Downtown Mixed Use District will provide for the establishment of a
community focal point which is a blend of cultural, civic, entertainment,
commercial, retail, residential and office uses as defined and guided by the
2030 Comprehensive Plan. Residential uses shall be developed at a
minimum of ten units per acre or greater. New development within this
district will be allowed only when a full range of municipal services and
facilities area available to serve the area.
Subd. 2. Intent. The intent of this district is to:
A. Establish a strong identity for the City of Corcoran downtown.
B. Create an orderly and integrated mix of high - quality uses for downtown
Corcoran that includes a mix of shops, restaurants, offices, housing,
recreation, community facilities, parks and open space, all within a
walkable area designed to be both pedestrian - friendly and auto -
accessible.
C. Promote high - quality architectural and site design.
Subd. 3. Application and Reference Materials.
The Downtown Mixed Use District is where development will be most
concentrated, and where controls are needed to produce the traditional
"Main Street" qualities that Corcoran is seeking. In addition to the
requirements of this section, development in this area should comply with
the spirit and intent of the City's Design Guidelines, (Appendix A).
Subd. 4. Permitted Uses.
A. Bakery, retail
B. Banks, savings and loans, credit unions and other financial institutions
without drive - through.
C. Barbers, Beauty Shops and similar personal service uses.
D. Copy /print shop
E. Day Care Facilities, state licensed, as defined by statute.
Section 1040 (District Regulations) Page 85
June 23, 2011
F. Dry cleaning and laundry pick up, incidental pressing and repair without
dry cleaning processing.
G. Dwelling, Multiple Family with a minimum density of 10 units per net
acre, which may include units combining living and working space within
the unit, if all units on the same floor of a building are the same.
H. Government and public utilities buildings and structures.
I. Hotel, inns and bed and breakfast establishments
J. Offices, medical and professional.
K. Public parking ramp
L. Retail goods and service uses of a similar nature within a fully enclosed
building (without drive - through).
M. Restaurants and cafes (without drive - through).
N. Taverns
Subd. 5. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Outdoor seating within the public right of way or public open space for a
permitted or conditional use, provided that:
A sidewalk area at least six feet (6') wide is maintained free of seating
in the area.
2. An outdoor seating plan is prepared and approved by the city council
on the recommendation of the planning commission, on finding that
the plan will not compromise public health, safety, or welfare. The
plan may also include seasonal temporary landscaping and features
such as planter boxes, hanging baskets, low partitions, roped off areas,
and other approved elements.
D. Public open space plaza, square or other related uses.
Subd. 6. Conditional Uses.
A. Assisted living facility
Section 1040 (District Regulations) Page 86
June 23, 2011
B. Drive - through lanes serving permitted or conditional uses, except for
restaurants, for which drive - through lanes are not allowed in the
Downtown Mixed Use District, provided lanes comply with Section
1060.60, Subd 12 of this ordinance and meet the following criteria:
Drive - Through Lanes: Drive - through or drive -in lanes are not allowed
within the build -to line or in front of any building; they must be
located to the side or rear of a building. This does not pertain to
driveways.
2. Adequate stacking distance shall be provided, as determined by the
city engineer, which does not interfere with other driving areas,
parking spaces, or sidewalks.
3. Electronic speaker devices, if used, shall not be audible beyond the
property being served and shall not be operated between the hours of
ten (10:00) P.M. and seven (7:00) A.M.
4. Screening shall be provided of automobile headlights in the drive -
through lane to adjacent properties. Such screening shall be at least
three feet (3') in height and fully opaque, consisting of a wall, fence,
dense vegetation, berm, or grade change.
5. A bypass lane shall be provided for each drive - through use, allowing
cars to leave the drive - through lane from the stacking area.
C. Funeral Homes and Mortuaries
D. Health clubs and fitness centers less than 5,000 square feet in size.
E.
Museum
F.
Nursing Home
G.
Theatre
Subd. 7. Interim Uses
A.
Farmers Market
B.
Street Vendors
C. Other uses as approved by the City Council
Subd. 8. Uses by Administrative Permit.
Section 1040 (District Regulations)
June 23, 2011
Page 87
A. Essential Services, as allowed by Section 1030.090.
Subd. 9. Streets and Sidewalk Network.
A. Developments that include public or private streets shall connect with
and provide for the future extension of the community's street network.
B. Sidewalks are required along all public and private streets within the
Downtown Mixed Use District. The location and alignment of new
sidewalks shall connect directly with adjacent existing networks. The
width of the sidewalk shall be consistent with City policy.
C. Where the sidewalk along the public street is interrupted by a curb cut,
the walkway across the driveway shall be delineated by elevated
pavement or by use of contrasting pavement materials that meet ADA
accessibility standards.
D. On- street parking shall be incorporated with the street design within the
Downtown Mixed Use District. Parking zones shall be defined either by
curbing or with a change in paving materials.
E. Curb Cuts. The number and width of curb cuts shall be limited in
conformance with City policy. Sites with multiple buildings shall have
unified /joint access.
F. Street trees shall be regularly spaced and planted at no less than one tree
per 40 lineal feet of frontage on any street within the Downtown Mixed
Use District. Street trees should be located between the sidewalk and the
curb or coordinated as part of a streetscape design.
G. Utility Installation. New utilities shall be placed underground.
Compatible lines (e.g., electric, phone, cable) shall be placed in a common
trench.
Subd. 10. Off Street Parking.
A. No parking spaces shall be located between the immediate front of the
principal structure and the abutting front lot line.
B. No more than 50 percent of the parking provided on the lot shall be
located between the rear building line and the front yard lot line.
C. Off street parking lots shall conform to landscape and buffer
requirements as defined in the Landscaping section of the Design
Guidelines and Zoning Ordinance.
Section 1040 (District Regulations) Page 88
June 23, 2011
D. No parking spaces shall be located on corner lots at the point of street
intersections.
E. A reduction of up to twenty (20) percent in the number of required off -
street parking spaces (as required in Section 1060.060) may be approved
by the Zoning Administrator in the case of shared parking between
abutting uses or use of publically provided parking.
F. A reduction of one (1) parking space from the number of required off -
street parking spaces (as required in Section 1060.060) may be approved
by the Zoning Administrator for each on- street parking space provided at
the lot frontage on a public street.
G. Pedestrian Circulation. Clearly defined, safe pedestrian access shall be
provided from parking areas, adjacent public rights -of -way, and public
and private open space to building entrances. Pedestrian walkways
traversing parking lots with more than 60 parking spaces shall meet the
following standards:
1. Walkways adjacent to parking spaces shall be at least 5 feet wide and
shall be separated from vehicles by curbing or landscaping.
2. Walkways that cross parking lot drive aisles shall be delineated by
stripes, contrasting pavement materials, elevated pavement, or a
combination of these measures.
Subd. 11. Site Design Standards.
A. Street Edge Requirement. A consistent street edge must be maintained at
the right -of -way line along all street frontages. Street edge elements may
consist of the primary building, low masonry walls, fences, landscaping or
a combination of all of these elements.
B. Maximum Encroachment. With the approval of the agency having
jurisdiction over the right -of -way, awnings and arm signs may be
permitted to encroach within the public right -of -way as follows:
1. Awnings - within 2 feet of the face of the curb
2. Signs - 4 feet
C. All ground mounted mechanical equipment shall be fully screened and
properly maintained with material similar to or compatible with material
used on the main structure. Screened mechanical equipment shall not be
located in the front side yard, but may be located at the side or rear yard.
Section 1040 (District Regulations) Page 89
June 23, 2011
D. Trash and recycling storage areas shall be designed internal to the
principal building and shall not be allowed in an external fenced
structure. Trash and recycling storage area doors shall not be located on
the primary front elevation of building, but may be located at the side or
rear yard.
E. Loading areas and docks shall be limited to the rear of the principal
building and shall not be visible from the street. These areas shall be
screened from adjacent residential areas by fencing, walls, or
landscaping. Screening shall block views from public right -of -way or
adjacent uses and shall be equally effective in winter and summer.
Subd.12. Landscaping.
A. All land area not occupied by buildings, parking, driveways, sidewalks or
other hard surfaces shall be sodded or mulched and landscaped with
approved ground cover, flowers, shrubbery and trees.
B. The periphery of all parking lots shall be well landscaped and screened
from the public right -of -way. If a parking lot exists along the primary
right -of -way it must contain a landscaped edge at a minimum of 2 1/2 feet
and a maximum of 3 1/2 feet in height that contains a landscape hedge,
railing, a decorative fence, decorative street wall or a combination of
these elements.
C. At least ten percent (10 %) of the total land area within private parking
and driveway areas shall be landscaped. Exception: Does not apply when
parking area is less than 25 parking stalls.
D. One shade tree shall be provided per 1,000 square feet of the area for
vehicular parking and parking aisles.
E. Existing trees shall be maintained and preserved to the extent possible.
F. Landscaping shall include a full complement of over - story, ornamental
and evergreen trees, shrubbery and ground covers which are hardy and
appropriate for the locations in which they are planted and provide year-
long color and interest.
Subd. 13. Building Design Standards.
A. Architectural style shall not be restricted. Evaluation of a project shall be
based on the quality of its design and on its relationship to its
surroundings, guided by the provisions in this section and the Design
Guidelines in Appendix A.
Section 1040 (District Regulations) Page 90
June 23, 2011
B. The architectural appearance, including building character, permanence,
massing, composition, and scale of all principal buildings shall comply
with the Design Guidelines in Appendix A.
C. The main entrance shall face the primary street with secondary entrances
to the side or rear. In the case of a corner building or a building abutting
more than one street, the City will determine which street should be
considered primary.
D. All sides of buildings shall have an equal appearance in terms of materials
and general design.
E. Building Frontage. At least 60% of the primary street linear frontage of
each lot shall be occupied by a building at the required build -to line.
Other portions of a building beyond the sixty percent (60 %) may be set
back farther than required by the build -to line. In addition, on corner
lots, a minimum of the first 50 feet of the lot frontage on either side of a
street intersection must be occupied by buildings set at the build to line.
Parking or other space open to the sky is not allowed within this first 50
feet.
F. On corner lots the building shall be located to meet the 60% street
frontage requirement on both streets.
G. The build -to line may be met either with an enclosed building or an
arcade constructed with a permanent roof of the same materials as the
remainder of the building.
H. Windows. At least 40% of the wall surface at the street side of the first
story shall consist of clear windows and doors that allow a view into the
working areas, lobbies or display areas.
I. Roofs. Building facades that exceed 100 feet in length measured along the
street frontage shall have variations in roofline or rooftop parapet.
Rooftop equipment shall be concealed behind parapets or screened from
the view of pedestrians. Sloping roofs with a vertical rise that exceeds the
average height of supporting walls are not allowed.
J. Elements. All buildings shall include the following elements:
1. Accent materials shall be wrapped around all walls;
2. Complementary major material colors;
Section 1040 (District Regulations) Page 91
June 23, 2011
3. A combination of vertical and horizontal pattern designs in the
building facade.
K. Facade Articulation. Any exterior building wall adjacent to or visible
from a public street, public open space, or abutting property may not
exceed forth feet (40') in length without significant visual relief consisting
of one or more of the following:
1. The facade shall be divided architecturally by means of significantly
different materials or textures, or
2. Horizontal offsets of at least four feet (4') in depth, or
3. Vertical offsets in the roofline of at least four feet (4'),
4. Fenestration at the first floor level which is recessed horizontally at
least one foot (1') into the facade.
L. Acceptable materials. Exterior building materials shall be classified
either primary, secondary, or accent materials. Primary materials shall
cover at least sixty percent (60 %) of the facade of a building. Secondary
materials may cover no more than thirty percent (30 %) of the facade.
Accent materials may include door and window frames, lintels, cornices,
and other minor elements, and may cover no more than ten percent
(10 %) of the facade. Allowable materials are as follows:
1. Primary exterior building materials may be brick, stone (natural or
cultured) EIFS, stucco, architectural precast concrete or glass. Bronze
tinted or mirror glass are prohibited as exterior materials in the
Downtown Mixed Use district.
2. Secondary exterior building materials may be any of the primary
building materials above or decorative block, integrally colored
stucco, or fiber cement siding (color impregnated or painted) in
vertical panel design only with hidden seams.
3. Synthetic stucco (EIFS) may be permitted as a secondary material on
upper floors only.
4. Accent materials may be wood, metal or fiber cement when used in
trim, fascia or soffit if appropriately integrated into the overall
building design and not situated in areas which will be subject to
physical or environmental damage.
5. All primary and secondary materials shall be integrally colored,
except where otherwise stated.
Section 1040 (District Regulations) Page 92
June 23, 2011
6. Decorative block shall be colored only by means of a pigment integral
to the block material, not applied to the surface.
7. Sheet metal, corrugated metal, asbestos, iron, shakes, plain flat
concrete block (whether painted or integrally colored or not) are not
acceptable as exterior wall materials on buildings within the CBD
district.
Subd. 14. Area Requirements. The following minimum requirements shall be met in
the DMU district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
20,000 s . ft.
Minimum lot width
NA
Minimum lot depth
NA
Structure build to lines:
From County Road 116
100 feet minimum
Front, From all other streets
15 feet maximum
Side
None
Rear
None
Adjacent to Residential
10 feet (minimum)
Section 1040 (District Regulations) Page 93
June 23, 2011
1040.135 - General Mixed Use (GMU) District
Subd. 1. Purpose. The purpose of the General Mixed Use District (GMU) is 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 areas. The mixture of
land uses within the district is essential to establishing the level of vitality
and intensity needed to support retail and service uses. A combination of
retail, office, service and residential uses are encouraged although not
required. Buildings may also be entirely one use. The placement of the
building and the relationship of the building, parking, landscaping, and
pedestrian spaces is essential to creating the pedestrian- friendly
environment envisioned for the GMU District. The standards in this section
are reinforced within the Design Guidelines contained in Appendix A. New
development within this district will be allowed only when a full range of
municipal services and facilities are available to serve the area.
The character of the General Mixed Use District shall reflect high quality
design due to the high visibility of these areas at the gateway to the City at
County 30. Although development in this mixed -use district will be more
auto - oriented in design than the Downtown Mixed Use District, pedestrian
connections and amenities will still be required to provide connections to
existing and future planned areas, sidewalks and trails and to provide for
safe pedestrian circulation within the site. Landscaping, and architectural
details shall be used to unify sites within the General Mixed Use District.
Subd. 2. Permitted Uses.
A. Bakery, retail
B. Banks, savings and loans, credit unions and other financial institutions
without drive - through.
C. Barbers, Beauty Shops and similar personal service uses.
D. Copy /print shop
E. Day Care Facilities, state licensed, as defined by statute.
F. Dry cleaning and laundry pick up, incidental pressing and repair without
dry cleaning processing.
G. Dwelling, Multiple Family with a minimum density of 10 units per net
acre, which may include units combining living and working space within
the unit, if all units on the same floor of a building are the same.
Section 1040 (District Regulations) Page 94
June 23, 2011
H. Hotel, inns and bed and breakfast establishments
I. Offices, medical and professional.
J. Public buildings.
K. Retail goods and service uses of a similar nature within a fully enclosed
building (without drive - through).
L. Restaurants and cafes (without drive - through).
M. Taverns
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Subject to the applicable provisions of this chapter, the following
permitted accessory uses in the General Mixed Use District are allowed
only when it is an accessory to an existing principal permitted use on the
same lot:
1. Day Care Facilities, county licensed, 12 or fewer individuals.
2. Outdoor seating accessory to a restaurant;
3. Public open space plaza, square or other related uses;
4. Structured parking;
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Assisted living facility
B. Drive - through businesses, subject to the standards outlined in Section
1060.060, Subd. 12.
C. Health clubs and fitness centers
D. Funeral Homes and Mortuaries.
E. Motor fuel stations
Section 1040 (District Regulations) Page 95
June 23, 2011
F. Museum
G. Nursing Home
H. Place of assembly
I. Schools, Private
J. Theatre
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. Farmers Market
B. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Seasonal Outdoor Retail Sales.
1. Seasonal outdoor retail sales shall not exceed a combined total of 120
days in any 12 -month period. Outdoor retail sales shall not occupy an
area exceeding 10 percent of a lot's area, and shall meet all yard
setback requirements.
2. Where seasonal outdoor retail sales are conducted in a parking lot,
they shall be confined to a defined area, and not be allowed to
obstruct access of emergency vehicles or pose a traffic safety problem.
Temporary fencing or other suitable mechanisms shall be used to
delineate the sales area and provide for pedestrian safety.
3. Where tents, temporary green houses, or similar structures are used
to store, and /or display merchandise, they shall be anchored to
provide a wind -load resistance of 40 miles per hour.
C. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Subd. 7. Site Design.
Section 1040 (District Regulations) Page 96
June 23, 2011
A. Structures shall be oriented and consolidated to complement existing,
adjacent development to create a coordinated and visually attractive
mixed use setting throughout the district.
B. Site planning shall respect the relationship of the site to the existing and
proposed buildings and streets and major roadways.
C. Commercial parking lot design shall include provisions for cross
easements and stubbed access drives to the property line for the use of
adjacent properties so that residents and customers do not need to return
to the public street system to access adjacent developments.
D. Buildings shall have a clearly defined primary pedestrian entrance at
street level.
E. Wherever a surface parking area faces a street frontage, such frontage
shall be screened with a decorative wall, railing, hedge, or a combination
of these elements to a minimum height of 2 1/z feet and a maximum height
of 3 1/2 feet above the level of the parking lot at the build to line.
F. Drive - through or drive -in lanes are not allowed within the front of any
buildings. They must be located to the side or rear of a building.
G. Maximum impervious coverage. The total lot coverage shall not exceed
80% impervious.
Subd. 8. Parking Requirements
A. At least 50% of the required parking for residential units in the GMU
district shall be provided in structured parking or in enclosed garages.
The residential parking spaces shall be specifically reserved for the use of
residents and visitors only, separate from any commercial, office or other
uses on -site or nearby and shall not be counted as part of any shared
parking or joint parking arrangement.
B. Parking for non - residential uses shall meet with requirements in Section
1060.060 but may include reductions for shared parking arrangements, if
appropriate, as determined by the City Council. Any shared parking
arrangements must be fully connected and in reasonable proximity to
each use.
Subd. 9. Building Design Requirements. To maintain the character of the GMU
District, any construction is subject to the following standards to reflect the
character of the District. The design standards are explained in further detail
and illustrated in the City Design Guidelines in Appendix A.
Section 1040 (District Regulations) Page 97
June 23, 2011
A. All new building fronts (single story or multi- story) shall include a
minimum of four (4) of the following elements:
1. Architectural detailing, such as cornice, awning, parapet, or columns;
2. A visually pleasing primary front entrance that, in addition to doors,
shall be accented a minimum of one hundred fifty (150) square feet
around the door entrance for single occupancy buildings and a
minimum of three hundred (300) square feet total for the front of
multi - tenant buildings (this area shall be counted as one element).
Entrances shall be clearly articulated and obvious from the street;
3. A minimum of thirty (30) percent window coverage on each front that
faces a street;
4. Contrasting, yet complementary material colors;
S. A combination of horizontal and vertical design features;
6. Irregular building shapes;
7. Other architectural features in the overall architectural concept.
B. Multi -story buildings shall have the ground floor distinguished from the
upper floors by having one or more the following:
1. Awning
2. Trellis
3. Arcade
4. Window lintels
S. Intermediate cornice line
6. Brick detailing such as quoins or corbels
C. Residential Uses on First Floors: Whenever residential uses are included
on the first floor of a building the first floor elevation shall be raised
above the sidewalk elevations immediately adjacent to the front of the
residential unit to ensure the residential unit is separated from the public
space. In addition, each first floor unit must have an individual private
entrance at the street level with private courtyard enclosure.
Section 1040 (District Regulations) Page 98
June 23, 2011
D. Facade Articulation. Any exterior building wall adjacent to or visible
from a public street, public open space, or abutting property may not
exceed forty feet (40') in length without significant visual relief consisting
of one or more of the following:
1. The facade shall be divided architecturally by means of significantly
different materials or textures, or
2. Horizontal offsets of at least four feet (4') in depth, or
3. Vertical offsets in the roofline of at least four feet (4'),
4. Fenestration at the first floor level which is recessed horizontally at
least one foot (1') into the facade.
E. Accent Materials: Accent materials shall be wrapped around walls.
Accent material shall consist of materials comparable in grade and quality
to the primary exterior material. Such materials may include glass,
prefinished decorative metal and fiber cement trim within soffit and
fascia areas.
F. Major exterior materials of all walls including face brick, stone (natural or
cultured), glass, stucco, synthetic stucco (EIFS), fiber cement vertical
panel siding, architectural concrete and precast panels shall be acceptable
as the major exterior wall surface when they are incorporated into an
overall design of the building. Major materials must cover at least 60% of
the exterior.
G. Restricted Exterior Materials: Unadorned pre- stressed concrete panels,
whether smooth or raked, non - decorative concrete block, sheet metal,
unfinished metal and /or galvanized and unfinished aluminum surfaces
(walls or roofs) shall not be used as exterior materials. This restriction
shall apply to all principal structures and to all accessory buildings except
those accessory buildings not visible from any property line. No more
than twenty five percent (25 %) of any exterior wall on a building shall be
fiber cement siding, wood or metal accent material.
H. Building Roofs. Mansard or mansard style roofs are not permitted except
for mansard style cornices. Acceptable designs include flat, pitched or
curved. Building roof styling shall incorporate a minimum of one (1) of
the following elements:
1. Parapets or cornices;
2. Varying building height and variety of roof lines.
Section 1040 (District Regulations) Page 99
June 23, 2011
Subd. 10. Screening
A. Rooftop mechanical equipment. The view of all rooftop equipment and
related piping, ducting, electrical and mechanical utilities abutting a
street on buildings shall be screened from the ground level view.
Screening may include parapet walls, penthouses, or other architecturally
integrated elements. Wood fencing or chain link with slats shall not be
used for screening. A cross - sectional drawing shall be provided that
illustrates the sight lines from the ground level view.
B. Screening adjoining residential use. Wherever a GMU District abuts, or is
across the street from an Residential District, a berm, fence or screening
consisting of compact evergreen trees or hedge or a combination thereof,
not less than eighty percent (80 %) opaque at time of installation, nor less
than six feet (6') in height, except adjacent to a street where it shall be not
less than three feet (3') nor more than four feet (4') in height shall be
erected or installed and maintained. All screening shall comply with this
Chapter.
C. Ground Mechanical Equipment. Ground mechanical equipment shall be
one hundred percent (100 %) screened from contiguous properties and
adjacent streets by opaque landscaping, or screen wall compatible with
the architectural treatment of the principal structure.
D. Trash enclosure service structure: All exterior trash enclosures or other
accessory structures shall be constructed of the same materials and
colors as the principal building.
Subd. 11. Exterior storage.
A. All exterior storage of material and equipment related to, located on, and
used by any business or other nonresidential use shall be stored within a
building or fully screened so as not to be visible from streets, highways,
or neighboring property.
Subd. 12. Landscape Design.
A. In addition to the landscape requirements in Section 1030.16 of this
Chapter, plant materials shall be used to create a unified and attractive
mixed use environment.
B. Planting areas should be located and designed to avoid visual
interference with public signage and private commercial communication.
C. Plant materials shall be arranged to provide focal points on the site, and
concentrated to signify key site locations such as the primary building
Section 1040 (District Regulations) Page 100
June 23, 2011
entrance, site entrance, around signage, along pedestrian walkways, and
along the perimeter of the building.
Subd. 13. Area Requirements. The following minimum requirements shall be met in
the GMU district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
25,000 square feet
Minimum lot width
150 feet
Minimum lot depth
NA
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
25 feet
Side
None
Rear
None
Adjacent to Residential
35 feet
Maximum Building Height
35 feet at the minimum setbacks but
may be increased up to a maximum of 50
feet with increased setbacks at a rate of
1 foot additional height for every 5 feet
in additional setback.
Maximum Impervious Surface Coverage
80%
Section 1040 (District Regulations) Page 101
June 23, 2011
1040.140 - 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:
A. Provide for the establishment of PUD districts in appropriate settings and
situations to create or maintain a development pattern that is consistent
with the City's Comprehensive Plan.
B. Allow for the mixing of land uses within a development when such mixing
of land uses could not otherwise be accomplished under the existing
zoning and subdivision regulations.
C. Provide for variations to the strict application of the land use regulations
to improve site design and operation, while at the same time
incorporating design elements, e.g. construction materials, landscaping,
lighting, etc., that exceed the City's standards to offset the effect of any
variations.
D. Promote more creative and efficient approach to land use within the City,
while at the same time protecting and promoting the health, safety,
comfort, aesthetics, economic viability, and general welfare of the City.
E. Preserve and enhance natural features and open spaces.
F. Maintain or improve the efficiency of public streets and utilities.
G. Ensure appropriate transitions between differing land uses.
Subd. 3. Application. A PUD district shall not be established for parcels guided in the
Comprehensive Plan for Rural /Ag Residential and Rural Service /Commercial,
except where allowed for an Open Space Preservation Plat. It will be used in
areas guided Mixed Use or Mixed Residential on the Land Use Plan and in
other areas where the City finds that the proposal meets the intent of this
district.
Subd. 4. Allowed Uses. All permitted uses, permitted accessory uses, conditional uses,
and interim uses contained in the underlying zoning districts shall be treated
as potentially allowable uses within a PUD district.
Section 1040 (District Regulations) Page 102
June 23, 2011
Subd. S. Lot Dimensions, Setbacks and Building Heights. The various lot width, lot
area, setback and height regulations of the underlying zoning district shall be
considered presumptively appropriate, but may be departed from to
accomplish the purposes described in this section.
Subd. 6. Processing Procedures. The general sequence for application, review and
action on a PUD shall be according to the following procedures:
A. Pre - application Conference
Prior to filing of an application or submittal of a sketch plan the applicant
shall arrange for and attend a conference with the Zoning Administrator. The
primary purpose of the conference shall be to provide the applicant with an
opportunity to gather information and obtain guidance as to the general
suitability of the proposal for the area and its conformity to the provisions of
this district prior to incurring substantial expenditures in the preparation of
plans, surveys, and other data.
B. PUD Sketch Plan
Prior to filing a preliminary PUD development plan application, the applicant
shall submit a sketch plan of the project to the Zoning Administrator for
approval in principal prior to submission of a formal application. The
purpose of the sketch plan is to inform the City of the applicant's intentions
and to inform the applicant as to the general acceptability of the proposal
before extensive costs are incurred. The PUD Sketch Plan shall contain at a
minimum the following:
Location map showing the location within the City and more detailed
locations on half - section plat maps showing all perimeter property
lines.
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 103
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 104
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:
A. The planned development is not in conflict with the Comprehensive Plan.
B. The planned development is not in conflict with the intent of the
underlying zoning district.
C. The planned development is not in conflict with other applicable
provisions of the City's zoning ordinance.
D. The planned development or unit thereof is of sufficient size,
composition, and arrangement that its construction, marketing, and /or
operation is feasible as a complete unit without dependence upon any
other subsequent unit or phase.
E. The planned development will not create an excessive burden on parks,
schools, streets and other public facilities and utilities which serve or are
proposed to serve the planned development.
F. The planned development will not have an undue and adverse impact on
the reasonable enjoyment of the neighborhood property.
G. The quality of the building and site design proposed by the PUD plan shall
substantially enhance the aesthetics of the site, shall demonstrate higher
standards, more efficient and effective uses of streets, utilities and public
facilities, it shall maintain and enhance any natural resources within the
development, and create a public benefit that is greater than what would
be achieved through the strict application of the primary zoning
regulations.
Section 1040 (District Regulations) Page 105
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 material and trash removal.
E. Preliminary drainage, grading, utility and erosion control plans.
F. A concept landscaping plan illustrating preservation of existing
vegetation, and new landscaping and buffer areas.
G. A written report which describes the proposed uses, indicates covenants
or agreements which will influence the use and maintenance of the
proposed development, describes the analysis of site conditions and
development objectives which has resulted in the planned development
proposal, and statement of which primary zoning district provisions are
being modified by the planned development.
H. A shift of density or intensity of the plan, if applicable. For example, a ten -
acre site with seven acres of "Commercial" guiding and three acres of
"Medium Density Residential" guiding could be developed with 70
percent of the land area commercial and 30 percent of the land area at
the Medium Residential density identified in the Comprehensive Plan.
This type of shift would only be allowed as part of a PUD and the location
of uses within the site would be determined as part of the PUD process.
This implementation technique would not require an amendment to the
Land Use Guide Plan Map.
I. Any other information deemed necessary by the City Staff in order to
evaluate plans.
Section 1040 (District Regulations) Page 106
June 23, 2011
J. Twenty copies of the above information shall be submitted no larger than
11 x 17 inches.
K. Five copies of the above information shall be submitted on 24 x 36 inch
sheets.
L. For City initiated rezonings to Planned Unit Development District, the
preliminary development plan may consist of any information deemed
necessary to identify and protect the public interest.
Subd. 9. Final Development Plan Content. The final development plan shall include all
of the information required for submission of the preliminary development
plan plus architectural plans, detailed site, landscaping, grading and utility
plans and all additional information which was requested by the planning
commission as a result of its review of the preliminary plan. The final plan
shall incorporate all recommendations of the planning commission and city
council, or shall indicate how the final plan fails to incorporate the
commission's recommendations. The final plan shall also include and reflect
all changes in preliminary plan data since the submission of the preliminary
plan. The applicant shall submit final development plans which include the
following information:
A. A location map which indicates existing and future land uses.
B. Maps of existing and proposed site features and uses at a minimum scale
of 1" =100' scale which indicate topography in two -foot contours; building
outlines; location of significant vegetation; location of streets, drives and
parking areas; and other significant features.
C. Detailed drawings of all proposed structure elevations, including scaled
elevations and exterior building materials of all buildings and signs.
Samples of all proposed materials which will be used on the exterior of
structures may be required with the elevation drawings.
D. Proposed floor plans for all floor levels of multi- family and non-
residential buildings, including locations of electrical, mechanical and gas
metering equipment, and storage areas for trash and recyclable materials.
E. A landscape plan indicating tree, shrub and ground cover species, size,
provisions for plant material watering.
F. A final circulation plan indicating pedestrian and vehicular movement
systems. This plan shall also include service access for receiving and
trash /recycling removal.
Section 1040 (District Regulations) Page 107
June 23, 2011
G. A lighting plan showing foot - candle levels, luminaire location, fixture type
and height.
H. Rooftop equipment and screening plan and elevation drawings of rooftop
equipment and screening of views from adjacent streets and property.
I. A final drainage, grading, utility, and erosion and sedimentation control
plan. Such plans shall comply with the requirements of this ordinance.
Identification and delineation of all wetlands on the site including
preservation and filling and mitigation.
K. A written report which completely describes the proposal and indicates
covenants or agreements which will influence the use and maintenance of
the proposed development, describes the analysis of site conditions and
development objectives which has resulted in the planned development
proposal, describes any changes from the approved preliminary
development plan, and statement of which primary zoning district
provisions are being modified by the planned development.
L. 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.
M. Any other information deemed necessary by the City Staff in order to
evaluate plans.
N. Twenty copies of the above information shall be submitted no larger than
11 x 17 inches.
0. Five copies of the above information shall be submitted on 24 x 36 inch
sheets.
Subd. 10. Performance Guarantees
A. The City Council shall require the owner and developer of a PUD to
execute a development agreement which may include, but not be limited
to, the approved development plan, conditions of approval, association
and maintenance agreements, and a time table for construction.
Section 1040 (District Regulations) Page 108
June 23, 2011
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.
C. Alteration of any condition attached or modification to the final
development plan made by the City Council.
D. A major change to a final development plan which is at variance with any
standards of the City Code or is less restrictive than any conditions of
approval for the initial final development plan, shall require approval by a
majority vote of all members of the City Council.
Section 1040 (District Regulations) Page 109
June 23, 2011
1040.140 - 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.
A. Civic Buildings, such as City Hall, libraries, fire stations, etc.
B. Day Care Facilities, state licensed, as defined by statute.
C. Educational facilities, K -12.
D. Government and public utilities buildings and structures.
E. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
F. Places of Worship /Assembly.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. 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 110
June 23, 2011
E. Golf Courses and other outdoor recreational facilities of a commercial
nature.
F. Hospitals, nursing home and similar care facilities.
G. Offices, medical and professional.
H. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
I. Trade Schools, Seminaries and other Higher Education Facilities
Subd. 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.
A. Accessory buildings and structures for a use accessory to the principal
commercial or business use provided such structure does not exceed 30
percent of the gross floor space of the principal use.
B. Essential Services, as allowed by Section 1030.090.
C. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Subd. 7. Area Requirements. The following minimum requirements shall be met in
the PI district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum lot area:
10 acres
Minimum lot width
200 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
50 feet
Side
50 feet
Rear
50 feet
Maximum Building Height
45 feet
Maximum Impervious Surface Coverage
70%
Section 1040 (District Regulations) Page 111
June 23, 2011
Section 1040 (District Regulations) Page 112
June 23, 2011
SECTION 1050 - OVERLAY DISTRICTS
1050.010 - Wetland Overlay District
Subd. 1. Findings, Intent and Incorporation by Reference.
A. The City has determined that wetlands serve to maintain water quality by
filtering water that is discharged into ground water aquifers and by
retaining inorganic sediments, toxicants and nutrients. They also retain
and reduce the discharge of phosphorus and transform nutrients from
their inorganic to organic forms, thereby protecting streams and water
bodies from eutrophication and contamination. Wetlands also store
runoff and reduce the velocity and magnitude of flood peaks.
B. Wetland vegetation also prevents the erosion of shoreline areas. Wetland
vegetation provides food, shelter, and important habitat for wildlife. All
of these wetland characteristics provide valuable recreation and
education resources.
C. The City has also found that wetlands vary significantly in the degree that
they have been altered. Wetlands within the City exhibit great variations
in their floral diversity, quality of wildlife and fishery habitat, degree of
fluctuation in response to storms, the extent to which their shorelines
have been altered or eroded, and their relative value in protecting water
quality. Therefore, the City has found it necessary and beneficial to
classify wetlands based upon their functions and values. The City has also
found that it is in the best interest of the general health and welfare of the
City to achieve no net loss of wetlands within the community.
D. The City recognizes that a substantial amount of wetland degradation
results from sedimentation and nutrient loading related to construction
projects. Therefore, the City finds it necessary to require extraordinary
measures to prevent such construction related degradation.
E. In addition to having regulations that affect the physical impacts within
wetland areas the City also finds that it is necessary to regulate the use of
lands surrounding wetlands. Buffer strips are necessary and beneficial to
maintaining the health of wetlands. These strips of land surrounding
wetlands protect their shorelines from erosion, while serving to filter
sediment, chemicals and other nutrients before the storm water
discharges into the wetland. Buffer strips are also beneficial in providing
habitat for wildlife.
F. This section hereby incorporates by reference the Wetlands Conservation
Act of 1991 [Minn. Stat. 103G.221 et seq. (hereinafter referred to as the
WCA)] and any future amendments adopted by the legislature. All
Section 1050 (Overlay Districts) Page 1
June 23, 2011
wetlands, as defined in Section 1020.020 of this Chapter, including those
governed by the Department of Natural Resources, are covered by the
other provisions of this Chapter. Also, there are circumstances under
which the strict enforcement of these regulations may be unreasonable
and in circumstances that meet the criteria established in Subd. 5 of this
chapter, departures from the strict application of these standards may be
permitted.
G. It is the intent of this Chapter to avoid the alteration and destruction of
wetlands. When wetlands are altered or destroyed, the mitigation must
be provided to recreate the functions and values of the wetland.
Subd. 2. Purpose and Implementation.
A. Through the adoption and enforcement of this section, the City shall
promote the general health, safety, and welfare of its residents by both
conserving and protecting wetlands and requiring sound management
practices and mitigation as provided for in the WCA when development
occurs in the vicinity of wetlands. Through the implementation of this
section, the City seeks to accomplish the following purposes:
1. To satisfy the requirements of the WCA as it may be amended and,
thereby achieve no net loss of wetlands within the City;
2. To balance the needs to preserve and protect natural resources and
systems with both the rights of private property owners and the need
to support the efficient use of developable land within the City;
3. To preserve the natural character of the landscape through the
maintenance of wetland ecosystems;
4. To promote water quality by maintaining the ability of wetlands to
recharge ground water and receive the discharge of ground water, to
retain sediment and toxicants and filter nutrients from surface water
runoff before it discharges into community lakes and streams, thus
avoiding the contamination and eutrophication of these water
features; and
S. To provide wildlife habitat and thereby support the maintenance of
diversity of both plant and animal species within the City.
B. To accomplish these purposes, the City:
1. Has conducted an inventory of wetlands and other natural areas
within the City;
Section 1050 (Overlay Districts) Page 2
June 23, 2011
2. Has developed a system of classification for wetlands within the City
and classified the City's wetlands based upon their relative values
related to floral diversity, wildlife habitat, water quality protection,
fishery habitat, flood storage, shoreline protection, and aesthetic,
recreational and educational benefits using the Minnesota Rapid
Assessment (MNRAM) methodology;
3. Has prepared and maintains a comprehensive set of official maps
identifying the location and classification of wetlands inventoried in
the Natural Resources Inventory;
4. Has established wetland regulations that are coordinated with flood
plain and shoreland protection regulations;
5. Requires sound management practices to protect, conserve, maintain,
enhance, and improve the quality of wetlands within the community;
6. Enforces standards for the alteration of wetlands when alteration is
allowed, including standards and procedures for the mitigation of the
loss of wetland areas and their functions and values, when alteration
or destruction occurs;
7. Obtains protective easements over or acquires fee title to wetlands as
appropriate;
8. Educates the public about the numerous benefits and features that
wetland provide and the adverse effects of improperly managed
development on wetlands.
Subd. 3. General Provisions.
A. 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.
2. A wetland is land that meets the definition of "wetlands" set forth in
Section 1020.020. The classification of a wetland shown on the
officially adopted City map will be prima facie evidence of the
classification of a wetland.
Section 1050 (Overlay Districts) Page 3
June 23, 2011
3. The presence or absence of a wetland on the official maps does not
represent a definitive determination as to whether a wetland covered
by this section is or is not present. Wetlands that are identified during
site specific delineation activities but do not appear on the official
wetland maps are still subject to the provisions of the section. Areas
that appear on the official wetland maps as wetlands that are not
identified as wetlands during site specific delineation activities are
not subject to the provisions of this section.
4. It will be the responsibility of an applicant for required City approvals
or permits to delineate the exact wetland boundary or to determine
that no wetland exists on a subject property. All delineations must be
reviewed and approved by the City or its delegated authority.
5. If an applicant questions whether a wetland exists or disputes its
classification on the official map, the applicant shall have the burden
to supply detailed information for review supporting the applicant's
assertion, including but not limited to, topographic, hydrologic,
floristic, and /or soil data deemed necessary by the City to determine
the jurisdictional status of the wetland, its exact boundary and its
classification. Wetland delineations supplied by applicants shall be
certified by a qualified wetland delineator. Wetland delineators must
satisfy any certification requirements that may be established by the
U.S. Army Corps of Engineers or the Minnesota Board of Water and
Soil Resources.
6. Applicants seeking a change in wetland classification must submit to
the City a completed MNRAM version 1.0 form, or the most recent
version. The technical evaluation panel will review the request for
change. The technical evaluation panel will make a recommendation
to the city regarding a change in classification.
7. Only that portion of a property within the boundaries of a wetland
shall be subject to the provisions of this section.
8. This section establishes three wetland classifications as defined in
Section 1020.020: High Quality, Medium Quality, and Low Quality.
Subd. 4. General Standards.
The following standards apply to all lands within and /or abutting a wetland:
A. Septic and soil absorptions systems must be setback a minimum of 75
feet from the City approved boundary of the wetland.
Section 1050 (Overlay Districts) Page 4
June 23, 2011
B. The lowest ground floor elevation shall be 2 feet above the 100 -year flood
elevation or three feet above the Ordinary High Water Mark of public
waters regulated by Section 1050.020, whichever is greater.
C. Structures intended to provide access across a wetland shall be
prohibited unless a permit is obtained in conformance with State
Regulations.
D. The MPCA's Best Management Practices shall be followed to avoid
erosion and sedimentation during the construction process.
E. City inspection schedules and fines for erosion control will double on
projects abutting wetlands.
F. Before the City issues a building permit for a lot with a required wetland
buffer, the lot owner shall:
1. Record a notice of the wetland buffer requirement against the title to
the lot with the office of the Hennepin county Recorder or Registrar of
Titles, and
2. Install the wetland monuments required by Subd. 7 of this Chapter.
Subd. S. Wetland Buffer Strips and Setbacks.
A. For lots of record created after March 23, 2004, a buffer strip shall be
maintained abutting all wetlands identified in Subd. 3 below. The setback
and buffer provisions of this Chapter shall not apply to lots of record on
March 23, 2004, to developments for which conditional use permits, site
plans, and preliminary plats, final plats or preliminary or final planned
unit development plans have been approved by the City within 2 years
prior to March 23, 2004, or to developments for which complete
applications for any of the above actions have been accepted by the City
for review, but not yet acted upon, prior to March 23, 2004. The City
does, however, strongly encourage the use of a wetland buffer and
setback on all lots in the City.
B. Wetland buffer strips and structure setbacks shall apply to all parcels of
land whether or not the wetland is on the same parcel as a proposed
development.
C. Wetland buffer strips are required on wetland sizes and types as follows:
Section 1050 (Overlay Districts) Page 5
June 23, 2011
Wetland Buffers and Setback Requirements
*Buffer widths in excess of the listed maximums shall not be used in calculating average buffer width.
* *These setbacks shall take precedence over other setbacks required in this chapter. These setbacks apply to
structures only —a 5 -foot setback is required for roads and parking lots. Trails that serve an interpretive
function may be exempted from buffer and setback requirements.
Example of Buffer and Setback
Applied to a High Quality Wetland
Lot Line 15' Rear
Setback
r ■ ■ ■ s miss t mass
g0
■
ww■� ■ w
High Quality
Wetland
AL mass NA
Building Area 50' Buffer
■
�T r ■
f
D. Notwithstanding the foregoing, wetland buffer strips are not required for:
1. A wetland if Minnesota Statutes Section 103G.2241, subdivision 4, 5
or 9 would exempt the draining or filling of that wetland from the
replacement plan requirements of Minnesota Statutes Section
103G.222, or
2. A wetland that is a Type 1, 2 or 6 wetland as defined in Minnesota
Statutes Section 103G.005, subdivision 17b and that is located outside
the Natural Resources Corridors identified on official City maps.
E. Buffer strip vegetation shall be established and maintained in accordance
with the requirements found in this Subdivision. During the first 2 years,
Section 1050 (Overlay Districts) Page 6
June 23, 2011
High
Medium
Low
Wetland Buffer Average Width:
50'
25'
15'
Wetland Buffer Width (Min.):
40'
20'
10'
Wetland Buffer Width (Max.):*
60'
40'
20'
Structure Setback (from Buffer): **
15'
15'
15'
Total Buffer and Setback (Average):
65'
40'
30'
*Buffer widths in excess of the listed maximums shall not be used in calculating average buffer width.
* *These setbacks shall take precedence over other setbacks required in this chapter. These setbacks apply to
structures only —a 5 -foot setback is required for roads and parking lots. Trails that serve an interpretive
function may be exempted from buffer and setback requirements.
Example of Buffer and Setback
Applied to a High Quality Wetland
Lot Line 15' Rear
Setback
r ■ ■ ■ s miss t mass
g0
■
ww■� ■ w
High Quality
Wetland
AL mass NA
Building Area 50' Buffer
■
�T r ■
f
D. Notwithstanding the foregoing, wetland buffer strips are not required for:
1. A wetland if Minnesota Statutes Section 103G.2241, subdivision 4, 5
or 9 would exempt the draining or filling of that wetland from the
replacement plan requirements of Minnesota Statutes Section
103G.222, or
2. A wetland that is a Type 1, 2 or 6 wetland as defined in Minnesota
Statutes Section 103G.005, subdivision 17b and that is located outside
the Natural Resources Corridors identified on official City maps.
E. Buffer strip vegetation shall be established and maintained in accordance
with the requirements found in this Subdivision. During the first 2 years,
Section 1050 (Overlay Districts) Page 6
June 23, 2011
any buffer vegetation that does not survive must be replanted. After 2
years, if the condition of the buffer area changes through natural
processes not caused by the property owner, the owner shall not be
required to reestablish the buffer area to meet the standards contained in
Subd. 8 of this Chapter. Buffer strips shall be identified within each lot by
permanent monuments approved by the City.
F. For roadways that must be aligned either adjacent to or across wetlands
and are subject to WCA replacement requirements, additional wetland
filling to create a buffer strip shall not be required. Trails that the City
has determined serve an interpretive function may also be exempted
from the buffer requirement. All other roadways and trails shall meet the
buffer standards established in this Subd. or in Subd. 6 below.
G. If the area of the buffer has a preconstruction slope of 12 percent or
greater, the buffer shall be at the applicable maximum for width for the
wetland classification. The use of a meandering buffer stripe to maintain
a natural appearance is encouraged but not required in areas of flat
topography.
H. The required structure setback shall apply to all structures, except that
such structure setback shall be reduced to 5 feet for roadways, trails, and
parking lots, and their related retaining walls and fences.
Wetland buffer strips not required by this section may be voluntarily
created in conformance with the requirements of this section concurrent
with approval of a site plan, or in the absence of a site plan, upon
approval of an administrative permit.
Subd. 6. Alternative Wetland Buffer Strips and Setbacks: With Extraordinary
Management Measures.
A. Because of the unique physical characteristics of a specific parcel of land,
narrower buffer strips may be necessary to allow for a reasonable use of
land,
B. The City Council may approve alternative standards, based on an
assessment of the following:
1. Size of the parcel
2. Existing roads and utilities
3. Percentage of parcel impacted by wetlands
4. Configuration of wetlands on the parcel
Section 1050 (Overlay Districts) Page 7
June 23, 2011
S. Quality of the affected wetlands
C. The City Council will evaluate the appropriateness of using the alternative
standards as a part of its review of a sketch plan. An applicant must
receive Council approval through this review process prior to submitting
a preliminary plan or plat application that applies the alternative buffer
strip standards.
D. Alternative standards shall not be allowed on wetlands within the Natural
Resource Corridors identified on official City maps.
E. In instances where the City Council approves alternative buffer
standards, an applicant will be required to apply extraordinary
management measures to control erosion, sedimentation and nutrient
loading during and for two years after construction. The applicant must
demonstrate that the proposed measures will limit dissolved phosphorus
concentration to one milligram per liter (mg /1) or less. Buffer strips and
structure setbacks shall meet the following standards:
Alternative Wetland Buffers and Setbacks. With Extraordinary Measures
*Buffer widths in excess of the listed maximums shall not be used in calculating the average buffer width.
* *These setbacks shall take precedence over other setbacks required in this Chapter. Structure setbacks
apply to structures only; roads, trails and parking lots shall have a 5 -foot required setback.
F. Extraordinary management measures that may be permitted in
conjunction with and up -slope from the buffer strip and setback
requirements listed above include, but are not limited to measures that
add redundant protections to normal required Best Management
Practices.
G. The applicant shall be responsible to submit all of the necessary
information to document that the proposed extraordinary construction
and stormwater management practices (hereinafter referred to as
"Extraordinary Management Practices ") will at least duplicate the
performance of the required buffers and setbacks shown in Subd. 5 of this
Chapter, if not exceed it. The applicant shall also have the burden of
Section 1050 (Overlay Districts) Page 8
June 23, 2011
High
Medium
Low
Average Wetland Buffer Width
25'
15'
10'
Wetland Buffer Width (Minimum)
20'
10'
S'
Wetland Buffer Width (Maximum)*
30'
20'
15'
Structure Setback from Buffer **
15'
15'
15'
Total (Average):
40'
30'
25'
*Buffer widths in excess of the listed maximums shall not be used in calculating the average buffer width.
* *These setbacks shall take precedence over other setbacks required in this Chapter. Structure setbacks
apply to structures only; roads, trails and parking lots shall have a 5 -foot required setback.
F. Extraordinary management measures that may be permitted in
conjunction with and up -slope from the buffer strip and setback
requirements listed above include, but are not limited to measures that
add redundant protections to normal required Best Management
Practices.
G. The applicant shall be responsible to submit all of the necessary
information to document that the proposed extraordinary construction
and stormwater management practices (hereinafter referred to as
"Extraordinary Management Practices ") will at least duplicate the
performance of the required buffers and setbacks shown in Subd. 5 of this
Chapter, if not exceed it. The applicant shall also have the burden of
Section 1050 (Overlay Districts) Page 8
June 23, 2011
proving that the purpose and objectives of the Chapter will be met
through the use of these Extraordinary Management Practices.
H. The approval of any Extraordinary Management Practices shall be
conditioned upon a site improvement performance agreement (Section
1070.050, Subd. 9 of this Chapter) that includes a binding commitment to
the maintenance of the proposed alternative treatments throughout their
useful life.
Subd. 7. Monument Required.
A permanent wetland buffer monument shall be installed at each lot line
where it crosses a wetland buffer, and where needed to indicate the contour
of the buffer, with a maximum spacing of 200 feet of wetland edge. If no
buffer is required, the monument shall be at the edge of the wetland.
Subd. 8. Buffer Strip Vegetation Performance Standards.
A. Where acceptable natural vegetation exists in buffer strip areas, the
retention of such vegetation in an undisturbed state is preferred. A buffer
strip has acceptable natural vegetation if it:
1. Has a continuous, dense layer of perennial grasses that have been
uncultivated or unbroken for at least 10 consecutive years, or
2. Has an overstory of trees and /or shrubs with at least 80 percent
canopy closure that have been uncultivated or unbroken for at least
10 consecutive years, or
3. 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.
B. Notwithstanding the above performance standards, the City may
determine existing buffer vegetation to be unacceptable if:
It is composed of undesirable plant species (including, but not limited
to reed canary grass, common buckthorn, purple loosestrife, leafy
spurge and noxious weeds), or
2. It is lacking a layer of organic thatch or duff, or
3. Has topography that tends to channelize the flow of surface runoff, or
4. For some other reason it is unlikely to retain nutrients and sediment.
Section 1050 (Overlay Districts) Page 9
June 23, 2011
C. Where buffer areas, or a portion thereof, are not vegetated or have been
cultivated or otherwise disturbed within 10 years of the permit
application, such areas shall be re- planted and maintained according to
each of the following standards:
1. The soil in wetland buffer strips shall be amended, as necessary, to
ensure that the soil has an organic content of not less than 10 percent
and not more than 20 percent.
2. Buffer zones shall be planted with a seed mix containing 100 percent
perennial native plant species, except for a one -time planting of an
annual nurse or cover crop such as oats or rye.
3. The seed mix to be used shall consist of at least 12 pounds pure live
seed (PLS) per acre of native prairie grass seed and 5 pounds PLS per
acre of native forbs. Native prairie grass and native forb mixes shall
contain no fewer than 4 and 5 species respectively.
4. The annual nurse or cover crop shall be applied at a rate of 20 pounds
per acre.
5. Native shrubs may be substituted for forbs. Such shrubs may be bare
root seedlings and shall be planted at a rate of 60 plants per acre.
Shrubs shall be distributed so as to provide a natural appearance and
shall not be planted in rows.
6. Any ground cover or shrub plantings installed in buffer areas are
independent of landscaping requirements set forth elsewhere in the
City code and City policy.
7. Native prairie grasses and forbs shall be planted by a qualified
contractor using a drill designed for native prairie grass seedlings,
such as a Truax or Nesbitt Native Grass Drill or a John Deere 1550
Power -Till Seeder.
8. No fertilizer shall be used in establishing new buffer zones, except on
highly disturbed sites when deemed necessary to establish acceptable
buffer vegetation and then limited to amounts indicated by an
accredited soil testing laboratory.
9. All seeded areas shall be mulched immediately with clean straw at a
rate of 1.5 tons per acre. Mulch shall be anchored with a disk or
tackifier. On slopes that are steeper than 3:1, additional soil
stabilization materials such as straw mat or coconut fiber mat shall be
used, as specified in the MnDOT Seeding Manual 2000, or most recent
MnDOT manual.
Section 1050 (Overlay Districts) Page 10
June 23, 2011
10. Buffer zones (both natural and created) shall be protected by silt
fence during construction and the fence shall remain in place until the
area crop is established.
11. Applicants may obtain from the City a set of standard seeding and
planting specifications for buffer zones that meet all City
requirements.
D. During the first 2 years, the developer shall replant any buffer vegetation
that does not survive. After 2 years, if the condition of the buffer area
changes through natural processes not caused by the property owner, the
owner shall not be required to reestablish the buffer area to meet the
standards established in this subdivision.
Subd. 9. Encroachment in Required Setback and Buffer Areas.
A. Patios and decks may encroach up to a maximum of 6 feet into required
structure setback areas. Porches may not encroach into required setback
areas. Buffer and wetland areas must be kept fee of all structures,
including fences and play equipment.
B. Water quality ponds may encroach into required wetland buffer areas,
provided that the amount of buffer encroached upon does not exceed 50
percent of the total area required for such ponding, and provided that the
amount of buffer encroached upon does not exceed 50 percent of the total
area required for buffering. These limitations may be exceeded where
two -cell water quality ponding is utilized.
Subd.10. Variances.
A. Requests for variances shall be made in accordance with the procedures
and requirements set forth in Section 1070.040 of this Chapter.
B. Variances shall only be granted when the standards and criteria set forth
in Section 1070.040 of this Chapter have been met. Variances shall not be
granted which would circumvent the intent and purposes of this
subdivision.
Section 1050 (Overlay Districts) Page 11
June 23, 2011
1050.020 - Shoreland Overlay District
Subd. 1. Statutory Authorization, Findings of Fact and Statement of Purpose.
A. Statutory Authorization. This shoreland ordinance is adopted pursuant
to the authorization and policies contained in Minnesota Statutes,
Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, and
the planning and zoning enabling legislation in Minnesota Statutes,
Chapter 462.
B. Findings of Fact. The uncontrolled use of shorelands of the City of
Corcoran, Minnesota affects the public health, safety and general welfare
not only by contributing to pollution of public waters, but also by
impairing the local tax base. Therefore, it is in the best interests of the
public health, safety, and welfare to provide for the wise subdivision, use
and development of shorelands of public waters.
C. Statement of Purpose. The Legislature of Minnesota has delegated
responsibility to local governments of the state to regulate the
subdivision, use and development of the shorelands of public waters and
thus preserve and enhance the quality of surface waters, conserve the
economic and natural environmental values of shorelands, and provide
for the wise use of waters and related land resources. This responsibility
is hereby recognized by the City of Corcoran.
Subd. 2. General Provisions.
A. Jurisdiction. The provisions of this ordinance shall apply to the
shorelands of the public water bodies as classified in Section 1050.020,
Subd. 3 of this ordinance.
B. Compliance. The use of any shoreland of public waters; the size and
shape of lots; the use, size, type and location of structures on lots; the
installation and maintenance of water supply and waste treatment
systems, the grading and filling of any shoreland area; the cutting of
shoreland vegetation; and the subdivision of land shall be in full
compliance with the terms of this ordinance and other applicable
regulations.
C. Enforcement. The Zoning Administrator is responsible for the
administration and enforcement of this ordinance. Any violation of the
provisions of this ordinance or failure to comply with any of its
requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional uses)
shall constitute a misdemeanor and shall be punishable as defined by law.
Violations of this ordinance can occur regardless of whether or not a
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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.
F. Severability. If any section, clause, provision or portion of this ordinance
is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this ordinance shall not be affected thereby.
Subd. 3. Shoreland Classification. The public waters of the City of Corcoran have been
classified below consistent with the criteria found in Minnesota Regulations,
Part 6120.3300, and the Protected Waters Inventory Map for Hennepin
County, Minnesota.
Natural Environment Lakes
Jubert Lake
Tributary Rivers /Streams
North Fork Rush Creek
Rush Creek
Unnamed Tributary
Spurzem Creek
Unnamed Tributary
Protected Waters ID#
165P
Legal Description
Le-gal Description
T119 R23W S29, 32
T119 R23W Sections 2, 3, 4,5,7,8,11,18,19
T119 R23 Sections 13, 21, 22, 23,24,28,29
T119 R23W Sections 11, 14, 15
T119 R23 Sections 33, 34
T119 R23 W Sections 23, 26, 34, 35
The shoreland area for these waterbodies shall be shown on the Official Zoning Map.
Subd. 4. Land Use. The intent of this overlay district is to guide the wide development
of public waters shoreland, thus preserving the quality of surface waters,
preserving natural resources and providing for the wise utilization of water
Section 1050 (Overlay Districts) Page 13
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:
1. Unsewered Natural Environment Lakes
Riparian Lots
Area Width
Single 80,000 200
Two family 120,000 300
Multi- family 200,000 500
2. Sewered Natural Environment Lakes
Riparian Lots
Area Width
Single 40,000 125
Two family 70,000 225
Multi- family 130,000 425
3. River /Stream Lot Width Standards.
Nonriparian Lots
Area
Width
80,000
200
160,000
400
320,000
800
Nonriparian Lots
Area
Width
20,000
125
35,000
220
65,000
410
There is no minimum lot size requirement for rivers and streams. The lot
width standards for residential developments are:
Single
Two family
Multi- family
Tributary Stream
No Sewer Sewer
100 75
150 115
250 190
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June 23, 2011
B. Special Provisions
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.
2. Subdivisions of two family dwellings and townhomes on Natural
Environment Lakes must also meet the following standards:
a. Each building must beset back at least 200 feet from the OHWL.
b. Each building must have common sewage treatment and water
systems in one location and serve all dwelling units in the building.
c. Watercraft docking facilities for each lot must be centralized in
one location and serve all dwelling units in the building; and
d. No more than 25 percent of a lake's shoreline can be in two family
or townhome developments.
C. Placement, Design and Height of Structures
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:
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June 23, 2011
Sewage
Waters Classification
Structures
Sewered
Treatment
Unsewered
Systems
Natural Environment
Lakes
150
150
150
Tributary
River Stream
100
50
75
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June 23, 2011
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.
3. The following additional structure setbacks apply, regardless of the
classification of the water body:
Setback From:
Setback in feet
Top of bluff
30
Unplatted cemetery50
Right -of -way line of Federal, State
or County highway
50
Right -of -way line of town road,
public street or other roads or
streets not classified
20
4. Structures and accessory facilities, except stairways and landings,
must not be placed within bluff impact zones.
D. Design Criteria for Structures
1. Structures must be placed in accordance with floodplain regulations
applicable to the site as required in Section 1050.030.
a. Section 1050.030 requires that all structures, including accessory
structures, additions to existing structures, and manufactured
homes, shall be constructed so that the basement floor, or first
floor if there is no basement, is at least 2 feet above the regional
flood elevation.
b. Each lot may have one water - oriented accessory structure not
meeting the normal structure setback requirements of this
ordinance if this water - oriented accessory structure complies with
the following provisions:
c. The structure or facility must not exceed 10 feet in height,
exclusive of safety rails, and cannot occupy an area greater than
250 square feet. Detached decks must not exceed eight feet above
grade at any point.
d. The setback of the structure or facility from the ordinary high
water level must be at least 10 feet.
e. The structure or facility must be treated to reduce visibility as
viewed from public waters and adjacent shorelands by vegetation,
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June 23, 2011
topography, increased setbacks, or color, assuming summer, leaf -
on conditions.
The roof may be used as a deck with safety rails but must not be
enclosed or used as a storage area.
g. The structure or facility must not be designed or used for human
habitation and must not contain water supply or sewage
treatment facilities.
2. All structures in residential districts, except churches and
nonresidential agricultural structures, are limited to a maximum
height of 25 feet in height.
Subd. 6. Shoreland Vegetative Buffers.
A. Buffer Requirements and Standards. For lots of record created after
March 23, 2004, a buffer area shall be maintained abutting all lakes,
rivers and streams. Buffer sizes and other requirements are included in
Section 1050.010. Buffer vegetation shall be established and maintained
in accordance with the requirements that follow.
Buffer area vegetation shall be considered adequate when the buffer
has a continuous, dense layer of perennial grasses, flowers, trees,
and /or shrubs that have been undisturbed (i.e., not cultivated, mown
or disturbed) for at least 10 consecutive years. Vegetation shall be
considered unacceptable if:
a. It is composed of noxious weeds.
b. Topography or sparse vegetation tends to channelize the flow of
surface water;
c. For some other reason the vegetation is unlikely to retain
nutrients and sediment.
2. Where buffer areas, or a portion thereof, are not vegetated, or have
been cultivated or otherwise disturbed within the past 10 years of the
permit application, such areas shall be re- planted and maintained
according to each of the following standards:
a. Buffer areas shall be planted with a seed mix containing 100
percent perennial native plant species, except for a one -time
planting of annual nurse or cover crop such as oats or rye.
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June 23, 2011
b. The seed mix to be used shall consist of at least 15 pounds pure
live seed (PLS) per acre of native grass seed and 1 pound PLS per
acre of native forbs. Native grass and native forb mixes shall
contain no fewer than 4 and 5 species respectively.
c. The annual nurse or cover crop shall be applied at a rate of 20
pounds per acre.
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).
All seeded areas shall be mulched immediately with clean straw at
a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or
tackifier.
g. Buffer areas (both natural and seeded) shall be protected by
erosion control measures as determined by the City. These must
be employed during construction until permanent ground cover is
established to prevent siltation of the buffer area and wetlands.
h. A walking trail may be established within a shoreland buffer area.
The trail should be constructed to minimize erosion. An
undisturbed area of vegetative buffer at least 10 feet in width
should remain between the trail and the wetland edge or the top of
the stream bank.
3. Buffer areas shall be identified by permanent monuments acceptable
to the City. In residential subdivisions, a monument is required for
each lot. In other situations, a monument is required for each 300 feet
of wetland edge.
4. The clearing and removal of vegetation in the buffer area is
prohibited, except for selective clearing and pruning of individual
trees that are dead, diseased, noxious weeds, or hazards.
S. 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
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June 23, 2011
yard waste in buffer areas, including leaves and grass clippings, is
prohibited by this ordinance.
6. All buffer areas are measured from the ordinary high water level as
marked in the field.
7. The following buffer sizes are minimum requirements for stream
buffers. Classification of lakes and wetlands in shoreland areas and
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'
S0'
8. The City may recommend buffer averaging for buffers in instances
where it will provide resource protection to a valuable adjacent
upland habitat, or allow for reasonable use of property, provided that
the total buffer area on -site contained in the buffer area remains the
same. Buffer averaging in shoreland areas will be consistent with
buffer averaging requirements in the Wetland Overlay District
(Section 1050.010).
9. If the area of the buffer has a pre- construction slope of 12 percent or
greater, the buffer shall be at the maximum width for the applicant's
stream classification. The use of a meandering buffer area to maintain
a natural appearance is encouraged, but not required in areas of flat
topography.
Subd. 7. Shoreland Buffer Area Mitigation.
A. Where alteration of a stream buffer area is approved and mitigation is
required, mitigation must result in equal or improved buffer function and
value. Mitigation plans must address water quality protection and
wildlife habitat. The following criteria shall be required for stream buffer
area mitigation:
B. Buffers must be replaced at a 1:1 ratio.
C. Mitigation should always result in equal or improved buffer function and
value. The function and value will include protection of water quality and
provision of wildlife habitat.
D. Mitigation involving the buffer area shall provide landscaping for nesting,
food for wildlife, wildlife cover, and utilize a diversity of native flora
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June 23, 2011
(trees, shrubs, grasses, herbaceous plants) to encourage wildlife
diversity.
E. Stream buffer mitigation should be undertaken on site. If this is not
feasible, mitigation should occur locally within the subwatershed. If this
is not possible, mitigation should occur outside the subwatershed,
elsewhere in the City.
Subd. 8. Vegetation Alterations.
A. Exemptions. Vegetation alteration necessary for the construction of
structures and sewage treatment systems, agricultural uses, and the
construction of roads are exempt from the vegetation alternation
standards that follow.
B. Alteration Standards
1. Intensive vegetation clearing such as mowing and cutting within the
shore and bluff impact zones and on steep slopes is not allowed.
2. In shore and bluff impact zones and on steep slopes, limited clearing
of trees and shrubs and cutting, pruning, and trimming of trees is
allowed to provide a view to the water from the principal dwelling
site and to accommodate the placement of stairways and landings,
picnic areas, access paths, livestock watering areas, beach and
watercraft access areas, and permitted water - oriented accessory
structures or facilities, provided that:
a. The screening of structures, vehicles, or other facilities as viewed
from the water, assuming summer, leaf -on conditions, is not
substantially reduced.
b. Along streams, existing shading of water surfaces is preserved;
and
c. The above provisions are not applicable to the removal of trees,
limbs, or branches that are dead, diseased, or pose safety hazards.
Subd. 9. Topographic Alterations, Grading and Filling.
A. Permits. Grading and filling and excavations necessary for the
construction of structures, sewage treatment systems, and driveways
under validly issued construction permits for these facilities do not
require the issuance of a separate grading and filling permit. However,
the grading and filling standards in this Section must be incorporated into
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June 23, 2011
the issuance of permits for construction of structures, sewage treatment
systems, and driveways.
B. Standards
1. A grading and filling permit will be required for the movement of
more than 10 cubic yards of material on steep slopes or within shore
and bluff impact zones. A grading and filling permit will be required
for the movement of more than 50 cubic yards of material in a
shoreland area that is outside of steep slope and shore and bluff
impact zones.
2. The following considerations and conditions must be adhered to
during the issuance of construction permits, grading and filling
permits, conditional use permits, variances and subdivision
approvals:
a. Grading or filling in any wetland is subject to the regulations of the
Minnesota Wetland Conservation Act, reviews or approvals by
other local, state or federal agencies such as a watershed district,
the Minnesota Department of Natural Resources, or the United
States Army Corps of Engineers, and the City of Corcoran Wetland
Overlay District (Section 1050.010).
b. The proposed work should be evaluated for its effect on the
following functional values of the wetland: a) sediments and
pollutant trapping and retention; b) storage of surface runoff to
prevent or reduce flood damage; c) fish and wildlife habitat; d)
recreational use; e) shoreline or bank stabilization; or f)
noteworthiness, including special qualities such as historic
significance and critical habitat.
c. Alterations must be designed and conducted in a manner that
ensures only the smallest amount of bare ground is exposed for
the shortest time possible.
d. Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a permanent vegetation cover
must be established as soon as possible.
e. Methods to minimize soil erosion and to trap sediments before
they reach any surface water feature must be used.
f. Altered areas must be stabilized to acceptable erosion control
standards consistent with the Minnesota Pollution Control
Agency's Best Management Practices.
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June 23, 2011
g. Fill or excavated material must not be placed in a manner that
creates an unstable slope.
h. Plans to place fill or excavated material on steep slopes must be
reviewed by the City Engineer for continued slope stability and
must not create finished slopes of 30 percent or greater.
L 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 after the commissioner has approved the
proposed connection to public waters.
3. Extractive Use Standards
a. Site Development and Restoration Plan. An extractive use site
development and restoration plan must be developed, approved,
and followed over the course of operation of the site. The plan
must address dust, noise, possible pollutant discharges, hours and
duration of operation, and anticipated vegetation and topographic
alterations. It must also identify actions to be taken during
operation to mitigate adverse environmental impacts, particularly
erosion, and must clearly explain how the site bill be rehabilitated
after extractive activities end.
b. Setbacks for Processing Machinery. Processing machinery must
be located consistent with setback standards for structures from
ordinary high water levels of public waters and from bluffs.
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June 23, 2011
Subd. 10. Placement and Design of Roads, Driveways and Parking Areas. Public and
private roads and parking areas must be designed to take advantage of
natural vegetation and topography to achieve maximum screening from view
from public waters. Documentation must be provided by a qualified
individual that all roads and parking areas are designed and constructed to
minimize and control erosion to public waters consistent with the Minnesota
Pollution Control Agency's Best Management Practices and the following:
A. Roads, driveways, and parking areas must meet structure setbacks and
must not be placed within shore and bluff impact zones, when other
reasonable and feasible placement alternatives exist. If no alternatives
exist, they may be placed within these areas, and must be designed to
minimize adverse impacts.
B. Public and private watercraft access ramps, approach roads, and access -
related parking areas may be placed within the shore impact zones
provided the vegetative screening and erosion control conditions of this
subpart are met. For private facilities, the grading and filling provisions
of this ordinance must be met.
Subd. 11. Stormwater Management.
A. 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.
2. Development must be planned and conducted in a manner that will
minimize the extent of disturbed areas, runoff, velocities, erosion
potential, and reduce and delay runoff volumes. Disturbed areas must
be stabilized and protected as soon as possible and facilities or
methods used to retain sediment on the site.
3. When development density, topographic features, and soil and
vegetation conditions are not sufficient to adequately handle
stormwater runoff using natural features and vegetation, various
types of constructed facilities, such as diversion, settling basins,
skimming devices, dikes, waterways, and ponds may be used.
Preference must be given to designs using surface drainage,
vegetation, and infiltration rather than buried pipes and man -made
materials and facilities.
4. Impervious surface coverage of lots must not exceed 25 percent of the
lot area.
Section 1050 (Overlay Districts) Page 23
June 23, 2011
S. When constructed facilities are used for stormwater management,
documentation must be provided by a qualified individual that they
are designed and installed consistent with National Urban Runoff
(NURP) Standards, requirements of the Elm Creek Watershed District,
and the Minnesota Pollution Control Agency's Best Management
Practices as described in Protecting Water Quality in Urban Areas.
6. New constructed stormwater outfalls to public waters must provide
for filtering or settling of suspended solids and skimming of surface
debris before discharge.
Subd. 12. Agricultural and Forest Management Use Standards.
A. Permitted Uses
General cultivation farming, grazing, nurseries, horticulture, forestry, truck
farming, sod farming, and wild crop harvesting are permitted uses if steep
slopes and shore impact zones are maintained in permanent vegetation or
operated under an approved conservation plan (Resource Management
Systems) consistent with the field office technical guides of the local soil and
water conservation districts or the United States Natural Resource
Conservation Service, as provided by a qualified individual or agency. The
shore impact zone for parcels with permitted agricultural land uses is equal
to a line parallel to and 50 feet from the ordinary high water level.
B. Animal Feedlots. Animal feedlots must meet the following standards:
1. New feedlots must not be located in the shoreland of watercourses or
in bluff impact zones, and must meet a minimum setback of 300 feet
from the ordinary high water level of all public waters basins; and
2. Modifications or expansions to existing feedlots that are located
within 300 feet of the ordinary high water level or within a bluff
impact zone are allowed if they do not further encroach into the
existing ordinary high water level setback.
C. Forest Management Standards. The harvesting of timber and associated
reforestation must be conducted consistent with the provisions of the
Minnesota Nonpoint Source Pollution Assessment - Forestry and the
provisions of Water Quality in Forest Management "Best Management
Practices in Minnesota."
Subd.13. Administration.
A. Zoning Administrator. The Zoning Administrator is designated by the
City Council to enforce this ordinance. If he /she finds a violation of the
Section 1050 (Overlay Districts) Page 24
June 23, 2011
provisions of this ordinance, he /she shall notify the person responsible
for such violation, indicating the nature of the violation, and ordering the
action necessary to correct it.
B. Permits Required. A permit is required for the construction of buildings
or building additions (including such related activities as construction of
decks and signs), the installation and /or alteration of sewage treatment
systems, and those grading and filling activities not exempted by Subd. 9
of this ordinance. Application shall be made to the Zoning Administrator
on forms furnished by him /her and shall include the following where
applicable: plans drawn to scale, showing the nature, location,
dimensions, and elevations of the lot; existing or proposed structures, fill,
or storage of materials; and the location of the foregoing in relation to the
stream channel.
C. State and Federal Permits. Prior to granting a permit or processing an
application for a Conditional Use Permit or Variance, the Zoning
Administrator shall determine that the applicant has obtained all
necessary State and Federal Permits.
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
1. 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
Section 1050 (Overlay Districts) Page 25
June 23, 2011
considerations, and the characteristics of development of adjacent
properties.
2. The City Council shall hear and decide requests for variances in
accordance with the rules that it has adopted for the conduct of
business. When a variance is approved after the Department of
Natural Resources has formally recommended denial in the hearing
record, the notification of the approved variance required in Section F
below shall also include the board of adjustment's summary of the
public record /testimony and the findings of facts and conclusions
which supported the issuance of the variance.
3. For existing developments, the application for variance must clearly
demonstrate whether a conforming sewage treatment system is
present for the intended use of the property. The variance, if issued,
must require reconstruction of a nonconforming sewage treatment
system.
F. Notifications to the Department of Natural Resources
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.
2. A copy of approved zoning ordinance amendments and
subdivisions /plats, and final decisions granting variances or
conditional uses under local shoreland management controls must be
sent to the Commissioner or the Commissioner's designated
representative and postmarked within 10 days of final action.
Subd.14. Nonconformities.
A. Existing Nonconformities
All legally established nonconformities as of the date of this ordinance
may continue, but they will be managed according to applicable state
statutes and other regulations of this community for the subjects of
alterations and additions, repairs after damage, discontinuance of use
and intensification of use.
2. Lots of record in the office of the county recorder on the date of
enactment of local shoreland controls that do not meet the
Section 1050 (Overlay Districts) Page 26
June 23, 2011
requirements of this ordinance may be allowed as building sites
without variance from lot size requirements provided the use is
permitted in the zoning district, the lot has been in separate
ownership from abutting lands at all times since it became
substandard, was created compliant with official controls in effect at
the time, and sewage treatment and setback requirements of this
ordinance are met.
B. Variance from Setback Requirements. A variance from setback
requirements must be obtained before any use, sewage treatment system,
or building permit is issued for a lot. In evaluating the variance, the board
of adjustment shall consider sewage treatment and water supply
capabilities or constraints of the lot, and shall deny the variance if
adequate facilities cannot be provided.
C. Contiguous Lots. If, in a group of two or more contiguous lots under the
same ownership, any individual lot does not meet the requirements of
this ordinance, the lot must not be considered as a separate parcel of land
for the purposes of sale or development. The lot must be combined with
the one or more contiguous lots so they equal one or more parcels of land,
each meeting the requirements of this ordinance as much as possible.
D. Additions or Expansions
Additions or expansions to the outside dimensions of an existing
nonconforming structure must meet the setback, height and other
requirements of this ordinance. Any deviation from these
requirements must be authorized by a variance.
2. Deck additions may be allowed without a variance to a structure not
meeting the required setback from the ordinary high water level if all
of the following criteria and standards are met:
3. The structure existed on the date the structure setbacks were
established
4. A thorough evaluation of the property and structure reveals no
reasonable location for a deck meeting or exceeding the existing
ordinary high water level setback of the structure
5. The deck encroachment toward the ordinary high water level does
not exceed 15 percent of the existing setback of the structure from the
ordinary high water level or does not encroach closer than 30 feet,
whichever is more restrictive
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June 23, 2011
6. The deck is constructed primarily of wood, and is not roofed or
screened.
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June 23, 2011
1050.030 - Flood Plain Overlay District
Subd. 1. Statutory Authorization, Findings of Fact and Purpose.
A. Statutory Authorization. The Legislature of the State of Minnesota
Statutes Chapter 103F and 462, delegated the responsibility to local
governmental units to adopt regulations designed to minimize flood
losses. Minnesota Statutes 103F further stipulates that communities
subject to recurrent flooding must participate and maintain eligibility in
the national flood insurance program. Therefore, the City Council of the
City of Corcoran, County of Hennepin, State of Minnesota, does ordain as
follows:
B. Findings of Fact.
The flood hazard areas of the City of Corcoran, Minnesota, are subject
to periodic inundation which results in potential loss of life, loss of
property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood
protection and relief, impairment of the tax base, all of which
adversely affect the public health, safety and general welfare.
2. Methods Used to Analyze Flood Hazards. This Ordinance is based
upon a reasonable method of analyzing flood hazards that is
consistent with the standards established by the Minnesota
Department of Natural Resources.
3. National Flood Insurance Program Compliance. This Ordinance is
adopted to comply with the rules and regulations of the national
Flood Insurance Program, codified as 44 Code of Federal Regulations
Parts 59 -78, as amended, so as to maintain the community's eligibility
in the national Flood Insurance Program.
C. Statement of Purpose. It is the purpose of this Ordinance to maintain
the community's eligibility in the national flood insurance program, to
minimize potential losses due to periodic flooding including loss of life,
loss of property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety, and general welfare and to
minimize those losses described in Section 1.21 by provisions contained
herein.
Subd. 2. General Provisions
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June 23, 2011
A. Lands to Which the Ordinance Applies. This Ordinance shall apply
to all lands within the jurisdiction of the City of Corcoran shown on the
Official Zoning Map as being located within the boundaries of the
Floodway, Flood Fringe, or General Flood Plain District.
B. Establishment of Official Zoning Map. The Official Zoning Map together
with all materials attached thereto is hereby adopted by reference and
declared to be a part of this Ordinance. The attached material shall
include the Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2,
Hennepin County, Minnesota, All Jurisdictions, and the Flood Insurance
Rate Map, panels numbered 27053C0019 E, 27053C0038 E, 27053C0039
E, 27053C0043 E, 27053C0044 E, 2705300132 E, 27053C0134 E,
27053C0151 E, 27053C0152 E, 27053C0153 E, 27053C0154 E,
27053C0156 E, 27053C0157 E, 27053C0158 E, and 27053C0159 E for
the City of Corcoran, dated September 2, 2004, as developed by the
Federal Emergency Management Agency. The Official Zoning Map shall
be on file in the Office of the City Clerk.
C. Regulatory Flood Protection Elevation. The regulatory flood protection
elevation shall be an elevation no lower than two feet above the elevation
of the regional flood plus any increases in flood elevation caused by
encroachments on the flood plain that result from designation of a
floodway.
D. Interpretation.
In their interpretation and application, the provisions of this
Ordinance shall be held to be minimum requirements and shall be
liberally construed in favor of the governing body and shall not be
deemed a limitation or repeal of any other powers granted by State
Statutes.
2. The boundaries of the zoning districts shall be determined by scaling
distances on the Official Zoning Map. Where interpretation is needed
as to the exact location of the boundaries of the district as shown on
the Official Zoning Map, as for example where there appears to be a
conflict between a mapped boundary and actual field conditions and
there is a formal appeal of the decision of the City Engineer, the City
Council shall make the necessary interpretation. All decisions will be
based on elevations on the regional (100 -year) flood profile, the
ground elevations that existed on the site at the time the Community
adopted its initial floodplain ordinance, and other available technical
data. Persons contesting the location of the district boundaries shall
be given a reasonable opportunity to present their case to the City
Council and to submit technical evidence.
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June 23, 2011
E. Abrogation and Greater Restrictions. It is not intended by this Ordinance
to repeal, abrogate or impair any existing easements, covenants, or deed
restrictions. However, where this Ordinance imposes greater
restrictions, the provisions of this Ordinance shall prevail. All other
ordinances inconsistent with this Ordinance are hereby repealed to the
extent of the inconsistency only.
F. Warning and Disclaimer of Liability. This Ordinance does not imply that
areas outside the flood plain districts or land uses permitted within such
districts will be free from flooding or flood damages. This Ordinance shall
not create liability on the part of the City of Corcoran or any officer or
employee thereof for any flood damages that result from reliance on this
Ordinance or any administrative decision lawfully made there under.
G. Severability. If any section, clause, provision, or portion of this Ordinance
is adjudged unconstitutional invalid by a court of competent jurisdiction,
the remainder of this Ordinance shall not be affected thereby.
H. Definitions: Unless specifically defined in Section 1020.020 (Flood
Related definitions) of this ordinance, words or phrases used in this
Ordinance shall be interpreted so as to give them the same meaning as
they have in common usage and so as to give this Ordinance its most
reasonable application.
Subd. 3. Establishment of Zoning Districts. The flood plain areas within the
jurisdiction of this Ordinance are hereby divided into three Districts:
Floodway District (FW), Flood Fringe District (FF), and General Flood Plain
District (GFP).
A. Floodway District. The Floodway District shall include those areas
designated as floodway on the Flood Insurance Rate Map adopted in
Subd.2.B.
B. Flood Fringe District. The Flood Fringe District shall include those areas
designated as floodway fringe. The Flood Fringe District shall include
those areas shown on the Flood Insurance Rate Map as adopted is Section
2.13. as being within Zone AE, Zone A0, or Zone AH but being located
outside of the floodway.
C. General Flood Plain District. The General Flood Plain District shall
include those areas designated as Zone A or Zones AE, Zone A0, or Zone
AH without a floodway on the Flood Insurance Rate Map adopted in
Section 2.13.
D. Compliance: No new structure or land shall hereafter be used and no
structure shall be constructed, located, extended, converted, or
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June 23, 2011
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.
2. Modifications, additions, structural alterations, normal maintenance
and repair, or repair after damage to existing nonconforming
structures and nonconforming uses of structures or land are regulated
by the general provisions of this Section and specifically Subd. 11.
3. As -built elevations for elevated or flood proofed structures must be
certified by ground surveys and flood proofing techniques must be
designed and certified by a registered professional engineer or
architect as specified in the general provisions of this Section and
specifically as stated in Subd. 10. of this Section.
Subd. 4. Floodway District (FW).
A. Permitted Uses.
Agricultural uses such as general farming, pasture, grazing, outdoor
plant nurseries, horticulture, truck farming, forestry, sod farming, and
wild crop harvesting.
2. Industrial - Commercial uses such as loading areas, parking areas, and
airport landing strips.
3. Private and public recreational uses such as golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching
ramps, swimming areas, parks, wildlife and nature preserves, game
farms, fish hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting and fishing areas, and single or multiple
purpose recreational trails.
4. Residential uses such as lawns, gardens, parking areas, and play areas.
B. Standards for Floodway Permitted Uses:
1. The use shall have a low flood damage potential.
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June 23, 2011
2. The use shall be permissible in the underlying zoning district if one
exists.
3. The use shall not obstruct flood flows or increase flood elevations and
shall not involve structures, fill, obstructions, excavations or storage
of materials or equipment.
C. Conditional Uses
Structures accessory to the uses listed in 4.A. above and the uses listed
in 4.C.2 -8 below.
2. Extraction and storage of sand, gravel, and other materials.
3. Marinas, boat rentals, docks, piers, wharves, and water control
structures.
4. Railroads, streets, bridges, utility transmission lines, and pipelines.
5. Storage yards for equipment, machinery, or materials.
6. Placement of fill or construction of fences.
7. Recreational vehicles either on individual lots of record or in existing
or new subdivisions or commercial or condominium type
campgrounds, subject to the exemptions and provisions of Subd.9.0 of
this Ordinance.
8. Structural works for flood control such as levees, dikes and floodwalls
constructed to any height where the intent is to protect individual
structures and levees or dikes where the intent is to protect
agricultural crops for a frequency flood event equal to or less than the
10 -year frequency flood event.
D. Standards for Floodway Conditional Uses
All Uses. No structure (temporary or permanent), fill (including fill
for roads and levees), deposit, obstruction, storage of materials or
equipment, or other uses may be allowed as a conditional use that will
cause any increase in the stage of the 100 -year or regional flood or
cause an increase in flood damages in the reach or reaches affected.
2. All floodway conditional uses shall be subject to the procedures and
standards contained in Subd.10.D of this Ordinance.
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June 23, 2011
3. Fill. The conditional use shall be permissible in the underlying zoning
district if one exists.
a. Fill, dredge spoil, and all other similar materials deposited or
stored in the flood plain shall be protected from erosion by
vegetative cover, mulching, riprap or other acceptable method.
b. Dredge spoil sites and sand and gravel operations shall not be
allowed in the floodway unless a long -term site development plan
is submitted which includes an erosion /sedimentation prevention
element to the plan.
c. As an alternative, and consistent with Subsection (b) immediately
above, dredge spoil disposal and sand and gravel operations may
allow temporary, on -site storage of fill or other materials which
would have caused an increase to the stage of the 100 -year or
regional flood but only after the City Council has received an
appropriate plan which assures the removal of the materials from
the floodway based upon the flood warning time available. The
conditional use permit must be title registered with the property
in the Office of the County Recorder.
4. Accessory Structures
a. Accessory structures shall not be designed for human habitation.
b. Accessory structures, if permitted, shall be constructed and placed
on the building site so as to offer the minimum obstruction to the
flow of flood waters.
c. Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow; and,
d. So far as practicable, structures shall be placed approximately on
the same flood flow lines as those of adjoining structures.
e. Accessory structures shall be elevated on fill or structurally dry
flood proofed in accordance with the FP -1 or FP -2 flood proofing
classifications in the State Building Code. As an alternative, an
accessory structure may be flood proofed to the FP -3 or FP -4 flood
proofing classification in the State Building Code provided the
accessory structure constitutes a minimal investment, does not
exceed 500 square feet in size, and for a detached garage, the
detached garage must be used solely for parking of vehicles and
limited storage. All flood proofed accessory structures must meet
the following additional standards:
Section 1050 (Overlay Districts) Page 34
June 23, 2011
The structure must be adequately anchored to prevent
flotation, collapse, or lateral movement of the structure and
shall be designed to equalize hydrostatic flood forces on
exterior walls;
ii. Any mechanical and utility equipment in a structure must be
elevated to or above the regulatory flood protection elevation
or property flood proofed; and
iii. To allow for the equalization of hydrostatic pressure, there
must be a minimum of two "automatic" openings in the outside
walls of the structure having a total net area of not less than
one square inch for every square foot of enclosed area subject
to flooding. There must be openings on at least two sides of
the structure, and the bottom of all openings must be no higher
than one foot above the lowest adjacent grade to the structure.
Using human intervention to open a garage door prior to
flooding will not satisfy this requirement for automatic
openings.
5. Storage of Materials and Equipment
a. The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or
plant life is prohibited.
b. Storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood
warning and in accordance with a plan approved by the Governing
Body.
6. Structural works for flood control that will change the course, current
or cross section of protected wetlands or public waters shall be
subject to the provisions of Minnesota Statute, Chapter 103G.
Community -wide structural works for flood control intended to
remove areas from the regulatory flood plain shall not be allowed in
the floodway.
7. A levee, dike or floodwall constructed in the floodway shall not cause
an increase to the 100 -year or regional flood and the technical
analysis must assume equal conveyance or storage loss on both sides
of a stream.
Section 1050 (Overlay Districts) Page 35
June 23, 2011
Subd. S. Flood Fringe District (FF)
A. Permitted Uses. Permitted uses shall be those uses of land or structures
listed as permitted uses in the underlying zoning use district(s). If no
pre- existing, underlying zoning use districts exist, then any residential or
non - residential structure or use of a structure or land shall be a
permitted use in the Flood Fringe District provided such use does not
constitute a public 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.S.E.
B. Standards for Flood Fringe Permitted Uses:
All structures, including accessory structures, must be elevated on fill
so that the lowest floor including basement floor is at or above the
regulatory flood protection elevation. The finished fill elevation for
structures shall be no lower than two (2) feet below the regulatory
flood protection elevation and the fill shall extend at such elevation at
least fifteen (15) feet beyond the outside limits of the structure
erected thereon.
2. As an alternative to elevation on fill, accessory structures that
constitute a minimal investment and that do not exceed 500 square
feet at its largest projection may be internally flood proofed in
accordance with Subd.4.D.5.
3. The cumulative placement of fill where at any one time in excess of
one - thousand (1,000) cubic yards of fill is located on the parcel shall
be allowable only as a conditional use, unless said fill is specifically
intended to elevate a structure in accordance with Subd.5.13.1 of this
ordinance.
4. The storage of any materials or equipment shall be elevated on fill to
the regulatory flood protection elevation.
S. The provisions of Section 5.E of this Ordinance shall apply.
C. Conditional Uses: Any structure that is not elevated on fill or flood
proofed in accordance with Subd.5.13.1 - 5.13.2 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.
D. Standards for Flood Fringe Conditional Uses:
Section 1050 (Overlay Districts) Page 36
June 23, 2011
1. Alternative elevation methods other than the use of fill may be
utilized to elevate a structure's lowest floor above the regulatory flood
protection elevation. These alternative methods may include the use
of stilts, pilings, parallel walls, etc., or above - grade, enclosed areas
such as crawl spaces or tuck under garages. The base or floor of an
enclosed area shall be considered above -grade and not a structure's
basement or lowest floor if: 1) the enclosed area is above -grade on at
least one side of the structure; 2) it is designed to internally flood and
is constructed with flood resistant materials; and 3) it is used solely
for parking of vehicles, building access or storage. The above -noted
alternative elevation methods are subject to the following additional
standards:
a. Design and Certification. The structure's design and as -built
condition must be certified by a registered professional engineer
or architect as being in compliance with the general design
standards of the State Building Code and, specifically, that all
electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities must be at or above the
regulatory flood protection elevation or be designed to prevent
flood water from entering or accumulating within these
components during times of flooding.
b. Specific Standards for Above - grade, Enclosed Areas. Above - grade,
fully enclosed areas such as crawl spaces or tuck under garages
must be designed to internally flood and the design plans must
stipulate:
i. A minimum area of openings in the walls where internal
flooding is to be used as a flood proofing technique. There
shall be a minimum of two openings on at least two sides of the
structure and the bottom of all openings shall be no higher
than one -foot above grade. The automatic openings shall have
a minimum net area of not less than one square inch for every
square foot subject to flooding unless a registered professional
engineer or architect certifies that a smaller net area would
suffice. The automatic openings may be equipped with
screens, louvers, valves, or other coverings or devices provided
that they permit the automatic entry and exit of flood waters
without any form of human intervention; and
ii. That the enclosed area will be designed of flood resistant
materials in accordance with the FP -3 or FP -4 classifications in
the State Building Code and shall be used solely for building
access, parking of vehicles or storage.
Section 1050 (Overlay Districts) Page 37
June 23, 2011
2. Basements, as defined by Subd.2.H of this Ordinance, shall be subject
to the following:
a. Residential basement construction shall not be allowed below the
regulatory flood protection elevation.
b. Non - residential basements may be allowed below the regulatory
flood protection elevation provided the basement is structurally
dry flood proofed in accordance with Subd.S.D.3 of this Ordinance.
3. All areas of non - residential structures including basements to be
placed below the regulatory flood protection elevation shall be flood
proofed in accordance with the structurally dry flood proofing
classifications in the State Building Code. Structurally dry flood
proofing must meet the FP -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.
4. When at any one time more than 1,000 cubic yards of fill or other
similar material is located on a parcel for such activities as on -site
storage, landscaping, sand and gravel operations, landfills, roads,
dredge spoil disposal or construction of flood control works, an
erosion /sedimentation control plan must be submitted unless the
community is enforcing a state approved shoreland management
ordinance. In the absence of a state approved shoreland ordinance,
the plan must clearly specify methods to be used to stabilize the fill on
site for a flood event at a minimum of the 100 -year or regional flood
event. The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to the
Governing Body. The plan may incorporate alternative procedures for
removal of the material from the flood plain if adequate flood warning
time exists.
5. Storage of Materials and Equipment:
a. The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or
plant life is prohibited.
b. Storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood
Section 1050 (Overlay Districts) Page 38
June 23, 2011
warning and in accordance with a plan approved by the Governing
Body.
6. The provisions of Section 5.5 of this Ordinance shall also apply.
E. Standards for All Flood Fringe Uses:
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.
2. Commercial Uses - accessory land uses, such as yards, railroad tracks,
and parking lots may be at elevations lower than the regulatory flood
protection elevation. However, a permit for such facilities to be used
by the employees or the general public shall not be granted in the
absence of a flood warning system that provides adequate time for
evacuation if the area would be inundated to a depth and velocity
such that when multiplying the depth (in feet) times velocity (in feet
per second) the product number exceeds four (4) upon occurrence of
the regional flood.
3. Manufacturing and Industrial Uses - measures shall be taken to
minimize interference with normal plant operations especially along
streams having protracted flood durations. Certain accessory land
uses such as yards and parking lots may be at lower elevations subject
to requirements set out in Subd.5.E.2 above. In considering permit
applications, due consideration shall be given to needs of an industry
whose business requires that it be located in flood plain areas.
4. Fill shall be properly compacted and the slopes shall be properly
protected by the use of riprap, vegetative cover or other acceptable
method. The Federal Emergency Management Agency (FEMA) has
established criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above the
100 -year flood elevation - FEMA's requirements incorporate specific
fill compaction and side slope protection standards for multi -
structure or multi -lot developments. These standards should be
investigated prior to the initiation of site preparation if a change of
special flood hazard area designation will be requested.
5. Flood plain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining flood plain of any tributary
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June 23, 2011
watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the Official Zoning Map.
6. Standards for recreational vehicles are contained in Subd.9.C.
7. 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
A. Permissible Uses:
1. The uses listed in Subd.4.A of this Ordinance shall be permitted uses.
2. All other uses shall be subject to the floodway /flood fringe evaluation
criteria pursuant to Subd.6.13 below. Subd.4.shall apply if the
proposed use is in the Floodway District and Subd.5.shall apply if the
proposed use is in the Flood Fringe District.
B. Procedures for Floodway and Flood Fringe Determinations Within the
General Flood Plain District.
Upon receipt of an application for a permit or other approval within
the General Flood Plain District, the applicant shall be required to
furnish such of the following information as is deemed necessary by
the Zoning Administrator for the determination of the regulatory
flood protection elevation and whether the proposed use is within the
Floodway or Flood Fringe District.
a. A typical valley cross - section(s) showing the channel of the
stream, elevation of land areas adjoining each side of the channel,
cross - sectional areas to be occupied by the proposed
development, and high water information.
b. Plan (surface view) showing elevations or contours of the ground,
pertinent structure, fill, or storage elevations, the size, location,
and spatial arrangement of all proposed and existing structures on
the site, and the location and elevations of streets.
c. Photographs showing existing land uses, vegetation upstream and
downstream, and soil types.
Section 1050 (Overlay Districts) Page 40
June 23, 2011
d. Profile showing the slope of the bottom of the channel or flow line
of the stream for at least 500 feet in either direction from the
proposed development.
2. The applicant shall be responsible to submit one copy of the above
information to a designated engineer or other expert person or
agency for technical assistance in determining whether the proposed
use is in the Floodway or Flood Fringe District and to determine the
regulatory flood protection elevation. Procedures consistent with
Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44
Code of Federal Regulations Part 65 shall be followed in this expert
evaluation. The designated engineer or expert is strongly encouraged
to discuss the proposed technical evaluation methodology with the
respective Department of Natural Resources' Area Hydrologist prior
to commencing the analysis. The designated engineer or expert shall:
a. Estimate the peak discharge of the regional flood.
b. Calculate the water surface profile of the regional flood based
upon a hydraulic analysis of the stream channel and overbank
areas.
c. Compute the floodway necessary to convey or store the regional
flood without increasing flood stages more than 0.5 foot. A lesser
stage increase than .5' shall be required if, as a result of the
additional stage increase, increased flood damages would result.
An equal degree of encroachment on both sides of the stream
within the reach shall be assumed in computing floodway
boundaries.
3. The Zoning Administrator shall present the technical evaluation and
findings of the designated engineer or expert to the City Council. The
City Council must formally accept the technical evaluation and the
recommended Floodway and /or Flood Fringe District boundary or
deny the permit application. The City Council, prior to official action,
may submit the application and all supporting data and analyses to
the Federal Emergency Management Agency, the Department of
Natural Resources or the Planning Commission for review and
comment. Once the Floodway and Flood Fringe District Boundaries
have been determined, the City Council shall refer the matter back to
the Zoning Administrator who shall process the permit application
consistent with the applicable provisions of Subd.4. and 5.of this
Section.
Subd.7. Subdivisions
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June 23, 2011
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 5. of this
Section. Elevation to the regulatory flood protection elevation shall be
provided where failure or interruption of these transportation facilities
would result in danger to the public health or safety or where such
facilities are essential to the orderly functioning of the area. Minor or
auxiliary roads or railroads may be constructed at a lower elevation
where failure or interruption of transportation services would not
endanger the public health or safety.
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June 23, 2011
C. On -site Sewage Treatment and Water Supply Systems. Where public
utilities are not provided: 1) On -site water supply systems must be
designed to minimize or eliminate infiltration of flood waters into the
systems; and 2) New or replacement on -site sewage treatment systems
must be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters and
they shall not be subject to impairment or contamination during times of
flooding. Any sewage treatment system designed in accordance with the
State's current statewide standards for on -site sewage treatment systems
shall be determined to be in compliance with this Section.
Subd. 9. Manufactured Homes and Manufactured Home Parks and Placement of
Recreational Vehicles.
A. New manufactured home parks and expansions to existing manufactured
home parks shall be subject to the provisions placed on subdivisions by
Subd.7. of this Section.
B. The placement of new or replacement manufactured homes in existing
manufactured home parks or on individual lots of record that are located
in flood plain districts will be treated as a new structure and may be
placed only if elevated in compliance with Subd.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.
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.
D. Recreational vehicles that do not meet the exemption criteria specified in
Subd.9.C.1. below shall be subject to the provisions of this Ordinance and
as specifically spelled out in Subd.9.C.3 below.
1. Exemption - Recreational vehicles are exempt from the provisions of
this Ordinance if they are placed in any of the areas listed in
Subd.9.C.2 below and further they meet the following criteria:
a. Have current licenses required for highway use.
b. Are highway ready meaning on wheels or the internal jacking
system, are attached to the site only by quick disconnect type
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utilities commonly used in campgrounds and recreational vehicle
parks and the recreational vehicle has no permanent structural
type additions attached to it.
c. The recreational vehicle and associated use must be permissible in
any pre- existing, underlying zoning use district.
2. Areas Exempted For Placement of Recreational Vehicles:
a. Individual lots or parcels of record.
b. Existing commercial recreational vehicle parks or campgrounds.
c. Existing condominium type associations.
3. Recreational vehicles exempted in Subd.9.C.1 lose this exemption
when development occurs on the parcel exceeding $500 for a
structural addition to the recreational vehicle or exceeding $500 for
an accessory structure such 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.
4. New commercial recreational vehicle parks or campgrounds and new
residential type subdivisions and condominium associations and the
expansion of any existing similar use exceeding five (5) units or
dwelling sites shall be subject to the following:
a. Any new or replacement recreational vehicle will be allowed in the
Floodway or Flood Fringe Districts provided said recreational
vehicle and its contents are placed on fill above the regulatory
flood protection elevation and proper elevated road access to the
site exists in accordance with Subd.5.E.1 of this Section. No fill
placed in the floodway to meet the requirements of this Section
shall increase flood stages of the 100 -year or regional flood.
b. All new or replacement recreational vehicles not meeting the
criteria of (a) above may, as an alternative, be allowed as a
conditional use if in accordance with the following provisions and
the provisions of 10.1) of this Section. The applicant must submit
an emergency plan for the safe evacuation of all vehicles and
people during the 100 -year flood. Said plan shall be prepared by a
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registered engineer or other qualified individual, shall
demonstrate that adequate time and personnel exist to carry out
the evacuation, and shall demonstrate the provisions of
Subd.9.C.1(a) and (b) of this Ordinance will be met. All attendant
sewage and water facilities for new or replacement recreational
vehicles must be protected or constructed so as to not be impaired
or contaminated during times of flooding in accordance with
Subd.8.0 of this Section.
Subd.10. Administration
A. Zoning Administrator: A Zoning Administrator or other official
designated by the Governing Body shall administer and enforce this
Ordinance. If the Zoning Administrator finds a violation of the provisions
of this Ordinance the Zoning Administrator shall notify the person
responsible for such violation in accordance with the procedures stated
in Subd. 12. Permit Requirements:
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.
2. Application for Permit. Application for a permit shall be made in
duplicate to the Zoning Administrator on forms furnished by the
Zoning Administrator and shall include the following where
applicable: plans in duplicate drawn to scale, showing the nature,
location, dimensions, and elevations of the lot; existing or proposed
structures, fill, or storage of materials; and the location of the
foregoing in relation to the stream channel.
3. State and Federal Permits. Prior to granting a permit or processing an
application for a conditional use permit or variance, the Zoning
Administrator shall determine that the applicant has obtained all
necessary state and federal permits.
4. Certificate of Zoning Compliance for a New, Altered, or
Nonconforming Use. It shall be unlawful to use, occupy, or permit the
use or occupancy of any building or premises or part thereof hereafter
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June 23, 2011
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.
S. Construction and Use to be as Provided on Applications, Plans,
Permits, Variances and Certificates of Zoning Compliance. Permits,
conditional use permits, or certificates of zoning compliance issued on
the basis of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and
applications, and no other use, arrangement, or construction. Any use,
arrangement, or construction at variance with that authorized shall be
deemed a violation of this Ordinance, and punishable as provided by
Subd.12. of this Section.
6. Certification. The applicant shall be required to submit certification
by a registered professional engineer, registered architect, or
registered land surveyor that the finished fill and building elevations
were accomplished in compliance with the provisions of this
Ordinance. Flood proofing measures shall be certified by a registered
professional engineer or registered architect.
7. 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.
8. Notifications for Watercourse Alterations. The Zoning Administrator
shall notify, in riverine situations, adjacent communities and the
Commissioner of the Department of Natural Resources prior to the
community authorizing any alteration or relocation of a watercourse.
If the applicant has applied for a permit to work in the beds of public
waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice
as adequate notice to the Commissioner of Natural Resources. A copy
of said notification shall also be submitted to the Chicago Regional
Office of the Federal Emergency Management Agency (FEMA).
9. Notification to FEMA When Physical Changes Increase or Decrease the
100 -year Flood Elevation. As soon as is practicable, but not later than
six (6) months after the date such supporting information becomes
available, the Zoning Administrator shall notify the Chicago Regional
Office of FEMA of the changes by submitting a copy of said technical or
scientific data.
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June 23, 2011
B. City Council
1. 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.
2. 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.
3. 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:
a. Variances shall not be issued by a community within any
designated regulatory floodway if any increase in flood levels
during the base flood discharge would result.
b. Variances shall only be issued by a community upon (i) a showing
of good and sufficient cause, (ii) a determination that failure to
grant the variance would result in practical difficulties to the
applicant, and (iii) a determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
c. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
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June 23, 2011
4. Hearings. Upon filing with the City Council of an appeal from a
decision of the Zoning Administrator, or an application for a variance,
the City Council shall fix a reasonable time for a hearing and give due
notice to the parties in interest as specified by law. The City Council
shall submit by mail to the Commissioner of Natural Resources a copy
of the application for proposed variances sufficiently in advance so
that the Commissioner will receive at least ten days notice of the
hearing.
S. Decisions. The City Council shall arrive at a decision on such appeal or
variance within 60 days. In passing upon an appeal, the City Council
may, so long as such action is in conformity with the provisions of this
Section, reverse or affirm, wholly or in part, or modify the order,
requirement, decision or determination of the Zoning Administrator
or other public official. It shall make its decision in writing setting
forth the findings of fact and the reasons for its decisions. In granting
a variance the Board of Adjustment may prescribe appropriate
conditions and safeguards such as those specified in Subd.10.6, which
are in conformity with the purposes of this Ordinance. Violations of
such conditions and safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a violation of this
Ordinance punishable under Subd.12. A copy of all decisions granting
variances shall be forwarded by mail to the Commissioner of Natural
Resources within ten (10) days of such action.
6. Appeals. Appeals from any decision of the City Council may be made,
and as specified in this community's official controls and also by
Minnesota Statutes.
7. Flood Insurance Notice and Record Keeping. The Zoning
Administrator shall notify the applicant for a variance that: 1) The
issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage and 2) Such
construction below the 100 -year or regional flood level increases
risks to life and property. Such notification shall be maintained with a
record of all variance actions. A community shall maintain a record of
all variance actions, including justification for their issuance, and
report such variances issued in its annual or biennial report
submitted to the Administrator of the National Flood Insurance
Program.
C. Conditional Uses. The City Council shall hear and decide applications for
conditional uses permissible under this Ordinance. Applications shall be
submitted to the Zoning Administrator who shall forward the application
to City Council for consideration.
Section 1050 (Overlay Districts) Page 48
June 23, 2011
1. Hearings. Upon filing with the City Council an application for a
conditional use permit, the City Council shall submit by mail to the
Commissioner of Natural Resources a copy of the application for
proposed conditional use sufficiently in advance so that the
Commissioner will receive at least ten days notice of the hearing.
2. Decisions. The City Council shall arrive at a decision on a conditional
use within 60 days. In granting a conditional use permit the City
Council shall prescribe appropriate conditions and safeguards, in
addition to those specified in Subd.10, which are in conformity with
the purposes of this Ordinance. Violations of such conditions and
safeguards, when made a part of the terms under which the
conditional use permit is granted, shall be deemed a violation of this
Ordinance punishable under Subd.12. A copy of all decisions granting
conditional use permits shall be forwarded by mail to the
Commissioner of Natural Resources within ten (10) days of such
action.
3. Procedures to be followed by the City Council in Passing on
Conditional Use Permit Applications Within all Flood Plain Districts.
a. Require the applicant to furnish such of the following information
and additional information as deemed necessary by the City
Council for determining the suitability of the particular site for the
proposed use:
L Plans in triplicate drawn to scale showing the nature, location,
dimensions, and elevation of the lot, existing or proposed
structures, fill, storage of materials, flood proofing measures,
and the relationship of the above to the location of the stream
channel; and
ii. Specifications for building construction and materials, flood
proofing, filling, dredging, grading, channel improvement,
storage of materials, water supply and sanitary facilities.
b. Transmit one copy of the information described in subsection (a)
to a designated engineer or other expert person or agency for
technical assistance, where necessary, in evaluating the proposed
project in relation to flood heights and velocities, the seriousness
of flood damage to the use, the adequacy of the plans for
protection, and other technical matters.
c. Based upon the technical evaluation of the designated engineer or
expert, the City Council shall determine the specific flood hazard at
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June 23, 2011
the site and evaluate the suitability of the proposed use in relation
to the flood hazard.
4. Factors Upon Which the Decision of the City Council Shall Be Based.
In passing upon conditional use applications, the City Council shall
consider all relevant factors specified in other sections of this Section,
and:
a. The danger to life and property due to increased flood heights or
velocities caused by encroachments.
b. The danger that materials may be swept onto other lands or
downstream to the injury of others or they may block bridges,
culverts or other hydraulic structures.
c. The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and
unsanitary conditions.
d. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
e. The importance of the services provided by the proposed facility
to the community.
f. The requirements of the facility for a waterfront location.
g. The availability of alternative locations not subject to flooding for
the proposed use.
h. The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
The relationship of the proposed use to the comprehensive plan
and flood plain management program for the area.
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.
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June 23, 2011
S. Time for Acting on Application. The City Council shall act on an
application in the manner described above within 60 days from
receiving the application, except that where additional information is
required pursuant to 10.44 of this Ordinance. The City Council shall
render a written decision within 30 days from the receipt of such
additional information.
6. Conditions Attached to Conditional Use Permits. Upon consideration
of the factors listed above and the purpose of this Ordinance, the City
Council shall attach such conditions to the granting of conditional use
permits as it deems necessary to fulfill the purposes of this Ordinance.
Such conditions may include, but are not limited to, the following:
a. Modification of waste treatment and water supply facilities
b. Limitations on period of use, occupancy, and operation.
c. Imposition of operational controls, sureties, and deed restrictions.
d. Requirements for construction of channel modifications,
compensatory storage, dikes, levees, and other protective
measures.
e. Flood proofing measures, in accordance with the State Building
Code and this Ordinance. The applicant shall submit a plan or
document certified by a registered professional engineer or
architect that the flood proofing measures are consistent with the
regulatory flood protection elevation and associated flood factors
for the particular area.
Subd. 11. Nonconforming Uses.
A. A structure or the use of a structure or premises which was lawful before
the passage or amendment of this Ordinance but which is not in
conformity with the provisions of this Ordinance may be continued
subject to the following conditions. Historic structures, as defined in
Subd.2.H of this Ordinance, shall be subject to the provisions of Subd.11.13
and C of this Ordinance.
B. No such use shall be expanded, changed, enlarged, or altered in a way that
increases its nonconformity.
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
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June 23, 2011
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 5. of this
Ordinance for new structures depending upon whether the structure is in
the Floodway or Flood Fringe District, respectively.
E. If any nonconforming use is discontinued for 12 consecutive months, any
future use of the building premises shall conform to this Ordinance. The
Assessor shall notify the Zoning Administrator in writing of instances of
nonconforming uses that have been discontinued for a period of 12
months.
F. If any nonconforming use or structure is substantially damaged, as
defined in Subd2.Hof this Ordinance, it shall not be reconstructed except
in conformity with the provisions of this Ordinance. The applicable
provisions for establishing new uses or new structures in Sudb.4., 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
Subd11.13 above) and the existing nonconforming building must meet the
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.
Section 1050 (Overlay Districts) Page 52
June 23, 2011
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.
3. The Zoning Administrator shall notify the suspected party of the
requirements of this Ordinance and all other official controls and the
nature and extent of the suspected violation of these controls. If the
structure and /or use is under construction or development, the
Zoning Administrator may order the construction or development
immediately halted until a proper permit or approval is granted by
the Community. If the construction or development is already
completed, then the Zoning Administrator may either: (1) issue an
order identifying the corrective actions that must be made within a
specified time period to bring the use or structure into compliance
with the official controls; or (2) notify the responsible party to apply
for an after - the -fact permit /development approval within a specified
period of time not to exceed 30 -days.
4. If the responsible party does not appropriately respond to the Zoning
Administrator within the specified period of time, each additional day
that lapses shall constitute an additional violation of this Ordinance
and shall be prosecuted accordingly. The Zoning Administrator shall
also upon the lapse of the specified response period notify the
landowner to restore the land to the condition which existed prior to
the violation of this Ordinance.
Section 1050 (Overlay Districts) Page 53
June 23, 2011
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
and said notice shall include a draft of the Ordinance amendment or technical
study under consideration.
Section 1050 (Overlay Districts) Page 54
June 23, 2011
Section 1050 (Overlay Districts) Page 55
June 23, 2011
SECTION 1060 - PERFORMANCE STANDARDS
1060.010 - Exterior Storage
Subd. 1. Outside Storage. As otherwise regulated, all outdoor storage is prohibited
except:
A. Clothes line poles and wires.
B. Construction and landscaping material if they are used on the premises
for construction within 6 months.
C. Swings, slides and other play equipment.
D. Outdoor furniture and lawn and garden equipment.
E. Wood for burning in a fireplace, stove or furnace provided it is stored as
follows:
1. In a neat and secure stack, not exceeding 4 feet.
2. The wood stack is not infested with rodents.
3. The wood is not kept in a front yard.
F. Storage of recreational vehicles and unoccupied trailers less than 30 feet
long, boats, all - terrain vehicles and snowmobiles may be stored in the
side or rear yard, provided they comply with a minimum setback of 10
feet.
G. Agricultural equipment and materials, if these are used on the premises
within a period of 12 months. Except that Agricultural uses on 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.
B. Additional Standards. All exterior storage shall be located in the rear or
side yard and shall be screened so as not to be visible from adjoining
properties and public streets except for the following:
1. Merchandise being displayed for sale in accordance with zoning
district requirements.
Section 1060 (Performance Standards) Page 1
June 23, 2011
2. Materials and equipment currently being used for construction on the
premises.
Subd. 3. All Zoning Districts.
A. Except for temporary construction trailers and mobile services operated
by public service agencies (i.e., bookmobile, bloodmobiles, etc.) as
allowed by the City, and trailers parked in a designated and improved
loading area, no vehicle may be used for office, business, industrial
manufacturing, testing, or storage of items used with or in a business,
commercial or industrial enterprise, unless otherwise approved by the
Zoning Administrator.
B. The City Council may order the owner of any property to cease or modify
open storage uses including existing uses, provided it is found that such
use constitutes a threat to the public health, safety, convenience, or
general welfare.
1060.020 - Refuse
Subd. 1. Storage of Garbage and Trash.
A. No exterior incineration of trash or garbage is permissible.
B. No exterior storage of trash or garbage is permissible except in an
accessory building enclosed by walls and roof or in closed containers
within a totally screened area. Covered garbage cans in agricultural and
single- family districts are exempt from these screening requirements.
C. Any accumulation of refuse not stored in containers which comply with
City Code, or any accumulation of refuse including car parts which has
remained on a property for more than 30 days is hereby declared to be a
nuisance and may be abated by order of the Zoning Administrator, as
provided by Minnesota Statutes.
Subd. 2. Storage of Vehicles.
A. Except where otherwise allowed as exterior storage or in a zoning
district, trucks with a gross vehicle weight rating (GVWR) of 12,000
pounds or more, or greater than 30 feet in length, as well as contracting
or excavating equipment, storage trailers, and mobile storage
compartments shall not be parked, stored or otherwise located on any
property within the City unless being used in conjunction with a
temporary service benefiting the premises.
Section 1060 (Performance Standards) Page 2
June 23, 2011
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:
A. All rooftop and ground mounted mechanical equipment shall be buffered
so as to mitigate noise in compliance with Section 1060.090 of this
Chapter.
B. All rooftop and ground mounted mechanical equipment shall be designed
(including exterior color) and located so to be aesthetically harmonious
and compatible with the building. Screening of the equipment may be
required where the design, color, and location of the equipment are found
to not effectively buffer noise or provide aesthetic harmony and
compatibility as observed by a 6 -foot tall individual standing at ground
level on the adjacent property or public right -of -way. Screening shall be
constructed of durable materials which are aesthetically compatible with
the structure and which may be an integral part of the structure.
Applicable requirements for access to the equipment shall be observed in
the design and construction of the screening.
C. Rooftop mechanical equipment less than 3 feet in height shall be exempt
from the screening requirements of this Chapter.
Section 1060 (Performance Standards) Page 3
June 23, 2011
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:
A. Glare, whether direct or reflected, as differentiated from general
illumination shall not be visible beyond the limits of the site from which it
originates.
B. No light which is flashing, revolving or otherwise resembles a traffic -
control signal shall be allowed in any area where it could create a hazard
for passing vehicular traffic.
C. Maximum Intensity of Lighting and Glare:
1. Any light or combination of lights shall not exceed one foot - candle
(meter reading) as measured from the property line or the centerline
of a public street.
2. Any lighting shall be arranged so as not to produce glare beyond the
property line. Lenses, deflectors, shields, louvers, or prismatic control
devices shall be used to eliminate glare.
D. General Performance Standards:
Light fixtures and freestanding luminaires shall have a cutoff angle of
less than or equal to 90 degrees.
2. The height of a freestanding luminaire shall not exceed 30 feet or
extend above the roof line of the principal building, whichever is less.
3. Freestanding luminaires used for outdoor athletic fields and
recreation areas that exceed the height limitation may be approved by
conditional use permit.
4. All canopy lighting for motor fuel stations shall be recessed into the
canopy.
5. Accent lighting used to highlight building facades, foliage, or selected
architectural features shall be permitted provided the light source is
shielded.
6. Any lighting in existence before the effective date of this ordinance
that does not comply with the requirements shall be considered
Section 1060 (Performance Standards) Page 4
June 23, 2011
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. 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.
B. Residential District Standards
All residential structures shall be finished with materials comparable
in grade and quality to the following:
a. Face Brick.
b. Natural stone or cultured stone.
c. Wood, provided the surfaces are finished for exterior use and
wood of proven exterior durability is used, such as cedar,
redwood, cypress.
d. Stucco or EIFS.
e. Vinyl siding
f. Fiber cement siding
g. Other materials deemed appropriate and subject to approval by
the Zoning Administrator.
2. Roof Material. Dwellings shall have an earth covered, asphalt shingles,
wood shingled (include shakes), concrete, clay or ceramic -tiled roof.
In addition, metal roof coverings may be allowed by approval of the
Zoning Administrator via a Certificate of Compliance, provided they:
Section 1060 (Performance Standards) Page 5
June 23, 2011
a. Meet the standards adopted by the which comply with the
Minnesota State Building Code,
b. Have concealed fasteners,
c. Are high quality commercial thickness /weight,
d. Have been treated with a factory applied color coating system
against any fading or degradation.
3. All residential structures shall have permanent concrete or wood
foundations, which comply with the Minnesota State Building Code
and which is solid for the complete circumference of the house.
4. All residential dwellings must be built in conformance with the
Minnesota State Building Code.
S. All residential dwellings shall have roof overhangs which extend a
minimum of one (1) foot from the exterior wall of the structure.
C. Non - Residential District Standards
Finishes. Exterior building finishes in all districts except the CR
district shall consist of materials comparable in grade and quality to
the following:
a. Face Brick.
b. Natural stone or cultured stone.
c. Decorative concrete block or integral colored block.
d. Cast in place concrete or pre -cast concrete panels.
e. Wood, provided the surfaces are finished for exterior use and
wood of proven exterior durability is used, such as cedar,
redwood, cypress.
Curtain wall panels of steel, fiberglass and aluminum (non-
structural, non -load bearing), provided such panels are factory
fabricated and finished with a durable non -fade surface and their
fasteners are of a corrosion resistant design. Up to 20% of any
wall surface may consist of the materials outlined herein (excludes
overhead doors).
Section 1060 (Performance Standards) Page 6
June 23, 2011
i. In the CR zoning district, 50% of any wall surface (excludes
overhead doors) may consist of curtain wall panels of steel,
fiberglass and aluminum (non- structural, non -load bearing),
provided such panels are factory fabricated and finished with a
durable non -fade surface and their fasteners are of a corrosion
resistant design.
g. Glass curtain wall panels.
h. Stucco or EIFS.
i. Fiber cement siding
Other materials deemed appropriate and subject to approval by
the Zoning Administrator.
2. Roof materials. For all non - residential structures roof materials shall
be reviewed as part of the site plan. Acceptable roofing materials
include asphalt shingles, wood shingles (including shake), concrete,
clay or ceramic tile roofs. Metal roofs with a pitch greater than 2:12
shall not be permitted except as provided below:
a. Additions or Alterations. When an expansion of an existing
structure is proposed, the existing facade shall be upgraded so that
25% or more of the existing structure conforms to the exterior
building material requirements as outlined herein, unless
otherwise approved by Conditional Use Permit. The
improvements shall be concentrated on the side facing the public
road and /or the side facing an area zoned for residential use.
b. Color samples shall be provided for review and approval by the
City Council as part of the site plan review.
c. Metal roof coverings may be allowed for the above mentioned
circumstances, provided the following conditions are met:
L Meet the standards adopted by the Minnesota State Building
Code,
ii. Have concealed fasteners,
iii. Are high quality commercial thickness /weight,
iv. Have been treated with a factory applied color coating system
against any fading or degradation.
Section 1060 (Performance Standards) Page 7
June 23, 2011
D. Accessory Buildings.
1. Accessory buildings shall comply with the standards identified in
Section 1030.020 of this ordinance.
2. Accessory buildings shall have roof overhangs which extend a
minimum of one (1) foot from the exterior wall of the structure.
3. All accessory buildings, including agricultural buildings with metal
siding and /or roofing may be allowed by approval of the Zoning
Administrator via a Certificate of Compliance, provided they:
a. meet the standards adopted by the Minnesota State Building Code
b. have been treated with a factory applied color coating system
against any fading or degradation.
E. 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 and material maintains the quality, durability
and value intended by the Ordinance.
2. The proposed building is compatible and in harmony with other
existing structures within the district and immediate geographic area.
3. 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 unfinished /non - pigmented
structural concrete block, galvanized metal, unglazed structural clay tile or
common or back -up quality 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.
Section 1060 (Performance Standards) Page 8
June 23, 2011
1060.060 - Parking and Loading
Subd. 1. General Provisions.
A. Site Plans. All site plans submitted for a structure requiring parking
spaces and /or loading facilities shall show or designate the parking
and /or loading area(s), number of parking spaces, and type of surfacing,
screening, drainage, curbing, sidewalks, and other improvements which
may be required to be installed. Said plan shall be a part of the building
permit for any such structure, and except for one and two family
dwellings, no final certificate of occupancy shall be issued until all items
shown on the plan for parking and loading facilities have been completed,
unless an agreement supported by a financial security is provided for the
completion of said plan.
B. All site plans for single family homes must provide for location of a one
stall attached garage, whether or not construction is intended.
C. Change in Land Use. When the site intensity or use of a building and /or
property is increased with consequential effect upon the parking
requirements as prescribed in this section, the parking requirements as
prescribed herein shall be used to provide for such increase in the site
intensity and /or use.
D. Reduction of Existing Off- Street Parking Space or Lot Area. Off- street
parking spaces or lot area devoted to parking existing upon the effective
date of this Chapter shall not be reduced in number or size unless said
number or size exceeds the requirements set forth herein for a similar
new use.
E. Handicap Parking. Handicapped parking spaces shall be provided as
applicable pursuant to Minnesota Statutes 168.021, as may be amended.
F. Required accessory off - street parking shall be on the same lot under the
same ownership as the principal use being served, except as provided for
under the provisions of Subd. 2 of this Section.
G. Except for single family and two family dwellings, head -in parking,
directly off of and adjacent to a public street, with each stall having its
own direct access to the public street, shall be prohibited.
Subd. 2. Off -Site Parking. Except as otherwise allowed in the Downtown Overlay
District, when parking is provided on a site other than the lot or tract upon
which a principal use is located, said parking area shall be in the ownership
of and remain in the possession of the owner of the principal use for which it
is designated. No authorization for separate parking facilities shall be given
Section 1060 (Performance Standards) Page 9
June 23, 2011
until such time as the City Council is reasonably certain that the ownership
and use of the parking area will continue and that the site will be well
maintained. Off -site parking facilities may only be allowed by conditional use
permit and shall be subject to the following conditions:
A. Ordinance Compliance. Off -site parking shall be developed and
maintained in compliance with all requirements and standards of this
Chapter.
B. Access. Reasonable access from off - street parking facilities to the use
being serviced shall be provided as determined by the Zoning
Administrator.
C. 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.
D. Proximity for Non - Residential Uses. The furthest space of an off -site
parking lot for non - residential uses shall not be located more than 300
feet (excluding public rights -of -way) from the main entrance of the
principal use being served.
Subd. 3. Parking Design.
A. Surfacing and Drainage. Off- street parking areas for non - residential uses
shall have a perimeter of poured, cast in place, concrete curb around the
entire parking lot and shall be surfaced with asphalt, concrete, or other
surface as approved by the City Engineer. Such areas shall be graded and
drained to dispose of all surface water without damage to adjoining
property. These requirements shall also apply to open sales lots.
B. Gravel Parking Lots. Gravel parking lots shall be prohibited in all areas of
the City except in the Rural Commercial (CR) zoning district. Gravel
parking lots may be provided in the CR district, if all of the following
standards are met:
1. The City Engineer has reviewed the grading plan and finds that
surface water is managed in compliance with City and State
requirements.
2. A dust control program is provided by the landowner and approved
by the City Council.
3. Handicapped accessible routes are provided on site in compliance
with State and Federal requirements.
Section 1060 (Performance Standards) Page 10
June 23, 2011
4. The gravel parking areas are fully screened to a height of 3 feet from
the public streets and adjoining properties.
S. The commercial development requiring the parking is seasonal in
nature (operates 9 months or less per calendar year).
6. Landscaped areas equal to 10 percent of the lot area shall be provided
in parking lots that contain space for 50 or more cars.
7. When an existing business expands its structure by 10 percent or
more or a change in use creates the need for additional parking
spaces, the entire parking area shall be upgraded to meet the
provisions contained within this subdivision.
8. Areas designed for storage purposes only, which are fenced and
properly screened, may be permitted to utilize other durable and
dustless surface materials subject to the approval of the City Council.
9. Off- Street Loading Areas. Loading areas established after March 23,
2004 shall be prohibited within 300 feet of residentially zoned or
guided property 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.
Subd. 4. Parking Area Standards.
A. Setbacks.
1. Minimum Parking and Drive Aisle Setbacks shall be as follows:
a. Front - Same as the minimum front yard structure setback in the
zoning district.
b. Side and Rear - 10 feet.
2. In the case of properties which abut street easements, applicable
setbacks shall be determined by the Zoning Administrator and relate
to roadway classification as identified in the Corcoran Comprehensive
Plan.
B. Calculating Space.
Section 1060 (Performance Standards) Page 11
June 23, 2011
Floor Area. The term "floor area" for the purpose of calculating the
number of off - street parking spaces required shall be determined on
the basis of the exterior floor area dimensions of the buildings,
structure or use times the number of floors, minus 10 percent except
as may be hereinafter modified, and where a gross floor area
calculation is specified.
2. Computation. When determining the number of off - street parking
spaces, any fraction of a number shall constitute an additional space.
3. Places of Public Assembly. In stadiums, sports arenas, churches and
other places of public assembly in which patrons or spectators occupy
benches, pews or other similar seating facilities, each 18 inches of
such seating facilities shall be counted as one seat for the purpose of
determining parking requirements.
4. Snow Storage in Parking Stalls. Provision shall be made in the parking
area for adequate snow storage or removal in order to ensure that the
required number of spaces is available at all times during the year.
5. Use of Required Area. Required accessory off - street parking spaces in
any district shall not be utilized for open storage, sale or rental of
goods, or 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.
2. Dimensional Requirements. Unless otherwise specified in this
Chapter, stall, aisle and driveway design for required off - street
parking shall comply with the following standards:
Minimum Dimensional
Re uirements for
Parkin
Angle of
Parking
Stall Width Parallel to
Aisle
Stall length of
Line
Stall
Depth
Aisle
Width
450
127"
25'
17'6"
12'
600
10'4"
22'
19'
16'
750
9'3"
20'
19'6"
23'
900
9'
18'6"
18'6"
26'
Section 1060 (Performance Standards) Page 12
June 23, 2011
3. Compact Parking. Up to 20 percent of the parking spaces in a parking
lot may be permanently marked for compact cars only, provided that:
a. The parking lot contains 40 or more off - street parking spaces.
b. All compact car spaces are a minimum of 8 feet in width and 16
feet in length.
c. Signs and markings, as approved by the City, are placed and
maintained for compact car spaces.
d. All required off - street parking aisle widths are maintained.
e. The compact car stalls do not displace preferred handicap parking
stall locations.
f. The design, layout, and location of designated compact car spaces
shall not encourage utilization by oversized vehicles and shall be
subject to approval by the Zoning Administrator.
4. Parking Garages /Parking Within Structures. Required garage parking
for structures containing 3 or more dwelling units shall be provided
underground, under principal structures or in a similar manner to
avoid excessive site coverage. The off - street parking requirement
may be 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.
S. Parking Ramps.
a. 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.
b. Except as otherwise approved by the Zoning Administrator, off -
street parking ramps shall be designed in compliance with the
applicable dimensional requirements of Subd. 4 (C)2 of this
Section.
6. Street Encroachments. Except in the case of single, two family
dwellings, parking areas shall be designed so that circulation between
Section 1060 (Performance Standards) Page 13
June 23, 2011
parking bays or aisles occurs within the designated parking lot upon
the property being serviced and does not depend upon a public street
or alley. Except in the case of single, two family dwellings, parking
area design that requires backing into the public street is prohibited.
Parking spaces in a public right -of -way shall not be utilized in meeting
required off - street parking standards, except as may be provided in
this Chapter.
7. Parking Area Grades. The grade elevation of the required parking
area or portion thereof shall not exceed 5 percent.
8. Driveway Access Minimum. Each property other than single family
uses shall be allowed one driveway access for each 125 feet of street
frontage. All property shall be entitled to at least one driveway
access. Single family uses shall be limited to one driveway access per
lot, except when the property exceeds the required street frontage per
zoning district requirements, a second driveway access may be
allowed by approval of the Zoning Administrator. Except as otherwise
approved by the Zoning Administrator, single family uses shall not
access arterial and major collector streets. In such cases, if a lot does
not have frontage upon a local street and where the Zoning
Administrator determines driveway access to arterial and major
collector streets necessary, joint access through the use of shared curb
cuts and access easements shall be utilized to the extent possible.
9. Street Access. Except as allowed by a conditional use permit or
property subdivision, each lot shall have frontage and access directly
onto an abutting, improved and City accepted public street.
10. Lighting. Any lighting used to illuminate an off - street parking area
shall be so arranged as to reflect glare away from adjoining property,
adjacent residential uses and public rights -of -way and be in
compliance with Section 1060.040 of this Chapter.
11. Signs. No sign shall be so located as to restrict the sight lines and
orderly operation and traffic movement within any parking lot. All
signs shall be in conformance with the City Code.
Subd. 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:
A. The driveway shall serve a dwelling unit that has use of a two -stall
garage.
Section 1060 (Performance Standards) Page 14
June 23, 2011
B. The driveway shall be under the direct control of the dwelling unit served
by the garage.
C. The driveway shall measure at least 22 feet in length between the front of
the garage and the street, roadway or sidewalk; and
D. Parking on the driveway shall not impede pedestrian or traffic circulation
or access to any other dwelling unit, nor shall it adversely affect the
ability to provide public utilities or public safety.
Subd. 6. Pedestrian Circulation. A pedestrian circulation route shall be provided from
all parking areas and loading zones as may be applicable to the entrance of
the building. Such circulation routes shall be surfaced with material such as
asphalt, concrete, or equivalent material determined acceptable by the
Zoning Administrator.
Subd. 7. Maintenance. It shall be the joint and separate responsibility of the owner of
the principal use (or lessee), to use and to maintain in a neat and adequate
manner, the parking space, access way, striping, landscaping, and required
fences and to undertake snow removal.
Subd. 8. Number of Off- Street Parking Spaces Required. The following minimum
number of off - street parking spaces shall be provided and maintained by
ownership, easement, and /or lease for and during the life of the respective
uses hereinafter set forth.
Section 1060 (Performance Standards) Page 15
June 23, 2011
Number of Parking Space Requirements 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 spa es er dwelling unit
Public Institutional Uses
Educational Facilities,
One space per classroom plus one additional
elementary and Jr. High
space for each 50 students. Auditorium and
special event space shall be calculated
separately.
Educational Facilities, High
One space per classroom plus one space for
School and post- secondary
each 7 students based on design capacity.
Auditorium and special event space shall be
calculated separately.
Hospitals, Nursing Homes, etc.
One space per 2 beds. Office space shall be
computed separately.
Public Facilities for gathering,
One space for every 4 seats, based on the
including Places of
design capacity of the facility.
Worship /Assembly, theaters,
civic centers, auditoriums and
stadiums.
Commercial Industrial Uses
Retail Uses including drive -in
8 parking spaces plus one space for each 200
businesses, banks and
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.
Warehousing and Wholesale
5 spaces plus ones ace for each 2
Section 1060 (Performance Standards) Page 16
June 23, 2011
Number of Parking Space Re uirements by Land Use
Use
Number of Stalls Required
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:
A. Proximity. The building or use for which application is being made to
utilize the off - street parking facilities provided by another building or use
shall be located within 300 feet of such parking facilities, excluding public
rights -of -way.
B. Conflict in Hours. The applicant shall demonstrate in documented
fashion that there is no substantial conflict in the principal operating
hours of the 2 buildings or uses for which joint use of off - street parking
facilities is proposed.
Section 1060 (Performance Standards) Page 17
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:
A. The business shall be located on a site with direct access to a minor
arterial street, collector or service road.
B. Drive - Through Lanes: Drive - through or drive -in lanes are not allowed
between the building and a lot line that faces a public street. This does not
pertain to driveways.
C. All portions of the business with drive through facilities, including but not
limited to, the building in which they are located, service windows and
stacking spaces, shall be separated from residentially zoned or guided
property by an arterial or collector street or shall be set back at least 300
feet from residentially zoned or guided property.
D. The public address or order system shall not be audible from any
adjacent residentially zoned or guided property.
E. Adequate stacking distance shall be provided, as determined by the city
engineer, which does not interfere with other driving areas, parking
spaces, or sidewalks Stacking spaces shall not interfere with parking
spaces or traffic circulation.
F. The applicant shall demonstrate that such use will not significantly lower
the existing level of service on streets and intersections.
G. Screening shall be provided of automobile headlights in the drive - through
lane to adjacent properties. Such screening shall be at least three feet (3')
in height and fully opaque, consisting of a wall, fence, dense vegetation,
berm, or grade change.
H. A bypass lane shall be provided for each drive - through use, allowing cars
to leave the drive - through lane from the stacking area.
Section 1060 (Performance Standards) Page 18
June 23, 2011
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 19
June 23, 2011
Potted /Bare Root or Balled and Burlapped
Shade Trees overstor
2.5 -inch diameter
Ornamental Trees understor
1.5 -inch diameter
Evergreen Trees overstor
4 -6 feet high
Tall Shrubs and Hedge Material (deciduous
or coniferous
3 -4 feet high
Low Shrubs (deciduous)
5 gallon
Section 1060 (Performance Standards) Page 19
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 uses shall provide a minimum of one overstory tree per
dwelling unit.
2. Non - Residential Uses. Non - residential uses shall contain at a
minimum:
a. One overstory tree per 1,000 square feet of gross building floor
area or one tree per 50 lineal feet of site perimeter, whichever is
greater.
b. One understory shrub for each 300 square feet of building or one
tree per 30 lineal feet of site perimeter, whichever is greater.
3. Understory Trees. Up to 50 percent of the required number of
overstory trees may be substituted with the use of understory trees in
combination with other design elements. In such cases, not less than
3 understory trees shall be provided for each one required overstory
tree substituted.
4. At the sole discretion of the City, a portion of the total number of
required trees for any development may be planted at a public
location when it is determined by the City that site constraints or
existing vegetation limit the ability to plant on site. Cash fees based
on the estimated cost of materials and installation of required
materials may be substituted for public location planting at the
discretion of the City.
5. No more than 33 percent of the required number of trees shall be of
one species.
H. Irrigation. Underground irrigation shall be required on all new multi-
family and non - residential development where municipal water is
available.
Section 1060 (Performance Standards) Page 20
June 23, 2011
Landscape Guarantee. All new plants shall be guaranteed for 2 full years
from the time planting has been completed. All plants shall be alive and
in satisfactory growth at the end of the guarantee period or be replaced
per the approved plan. Security in the form of letter of credit or cash shall
be provided to guarantee the installation per the approved plan.
J. Required Screening and Buffering.
Screening with the use of landscaping, fencing and walls should be
accomplished with the existing topography where possible. When the
existing topography prohibits effective screening, berming may be
used.
a. Planting screens are the preferred method of screening. The
planting screen shall consist of hardy trees that will provide a
minimum of 80 percent opacity year- round. Planting screens shall
contain a mix of overstory and understory plantings and a mix of
deciduous and coniferous materials.
b. Fences or walls may be used in conjunction with landscaping to
provide screening. When required for screening, minimum of 80
percent opacity shall be provided. No landscaping or screening
shall interfere with driver or pedestrian visibility for vehicles
entering or exiting the premises.
c. Earth berms may be used for screening when topography requires
the earth berm to adequately screen the property. Berms shall not
exceed 3:1 slope.
2. Parking areas with 4 or more stalls shall be screened from properties
guided or zoned residential and from public streets. Screening to a
height of at least 3 feet shall be provided to screen vehicle headlights.
3. Loading and service areas shall be screened from properties guided or
zoned residential and from public streets.
K. Building Setback Flexibility through Additional Landscaping. A reduction
in the required front yard setback adjacent to arterial streets may be
approved by the City Council if the applicant provides landscaping
beyond the minimum requirements or preserves significant landscaping
in this area. The required setback may be reduced up to 40 percent if the
applicant provides a minimum of one overstory deciduous tree, one
overstory coniferous tree, 2 ornamental trees and 10 understory shrubs
per 100 feet of the length of the property line where the flexibility is
requested, or preserves the equivalent amount of existing trees and
Section 1060 (Performance Standards) Page 21
June 23, 2011
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.
1060.080 - Fences and Walls
Subd. 1. General Provisions. Except as otherwise provided herein, all fences and walls
within the City shall be subject to the following general provisions:
A. No fences or walls shall be placed on or extend into public rights -of -way.
B. That side of any fence or wall considered to be its "face" (i.e., the finished
side having no structural supports) shall face abutting property or street
right -of -way.
C. Both sides of any fence or wall shall be maintained in a condition of
reasonable repair and appearance by its owner and shall not be allowed
to become and remain in a condition of disrepair or danger, or constitute
a nuisance, public or private.
D. No physical damage of any kind shall occur to abutting property during
installation unless it is allowed under agreement with the adjacent
property owner.
E. A certificate of survey may be required for all fences (except hedges and
plantings) or walls to be constructed on or within 6 feet from the
property line, unless corner property stakes are in place and marked and
a survey is filed with the City. Additionally, retaining walls shall not be
placed within any drainage or ponding easement unless also reviewed
and approved by the City Engineer.
F. Specific Fence Standards. Except as otherwise provided herein, fences
may be allowed subject to the following specific standards:
Section 1060 (Performance Standards) Page 22
June 23, 2011
1. Fences constructed of materials with opacity of up to 100% and not
exceeding 6 feet in height may be located at or behind the minimum
front setback line, as required for the principal structure on the lot.
2. Fences with opacity of less than 50 percent (e.g., wrought iron, chain
link, split rail) and not exceeding 4 feet in height may be located
within a required front yard area.
3. Fences over 6 feet in height shall meet all building setback
requirements for the zoning district in which it is located.
4. Fences not exceeding 6 feet in height, for uses other than one and two
family dwellings, may be permitted in front of the front building line
as established by the primary structure on the lot, when required for
screening of adjacent property. In such cases, the required front
setback for the fence shall be the same as for the use that it is intended
to buffer.
5. On corner lots or lots adjacent to railroad rights -of -way, no fence shall
be located in a sight visibility triangle, as defined by Section 1060.090,
Subd. 2, unless it is in compliance with the sight clearance
requirements for such lots as set forth in this Chapter.
6. Fences which include a security gate at a point where access is
provided to the property and principal building may be approved if
necessary and appropriate as part of the site plan review.
7. Fences for the agricultural uses on properties at least 10 acres in size
are not subject to the requirements of this section.
1060.090 - General Performance Standards
Subd. 1. Grading and Drainage. No land shall be developed and no use shall be
permitted in the City that results in water runoff causing flooding, erosion, or
deposit of sediment on adjacent properties which is inconsistent with the
grading and erosion control plan provisions of Section 950 of the Subdivision
Ordinance.
Subd. 2. Traffic Sight Visibility. Except as may be approved by the Zoning
Administrator, no wall, fence, structure, tree, shrub, vegetation or other
obstruction shall be placed on or extend into any yard or right -of -way area so
as to pose a danger to traffic by obscuring the view of approaching vehicular
traffic or pedestrians from any street or driveway. Visibility from any street
or driveway shall be unobstructed above a height of 3 feet, measured from
where both street or driveway center lines intersect within a triangular area
Section 1060 (Performance Standards) Page 23
June 23, 2011
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
comply with requirements of and have appropriate permits indicating
compliance with the Minnesota State Fire Code and Minnesota Department of
Agriculture regulations.
Subd. 9. Radiation Emission. All activities that emit radioactivity shall comply with
the minimum requirements of the Minnesota Pollution Control Agency.
Subd. 10. Electrical Emission. All activities which create electrical emissions shall
comply with the minimum requirements of the Federal Communications
Commission.
Subd. 11. Setbacks from Public Streets. All setbacks from public streets or proposed
public streets shall be measured from the planned widened rights -of -way in
accordance with City policy. All buildings shall be so placed so that they will
not obstruct future streets which may be constructed by the City in
Section 1060 (Performance Standards) Page 24
June 23, 2011
conformity with existing streets and according to the system and standards
employed by the City.
1060.100 - Telecommunications Services
Subd.1. Findings.
The City Council finds: The Federal Communications Act of 1934 as amended
by the Telecommunications Act of 1996 ( "the Act "), and subsequent
revisions, grants the Federal Communications Commission exclusive
jurisdiction over the regulation of the environmental effects of radio
frequency emissions from telecommunications facilities and the regulation of
radio signal interference among users of the radio frequency spectrum.
Consistent with the Act, the regulation of towers and telecommunications
facilities in the City is not intended to have the effect of prohibiting any
person from providing wireless telecommunications services. The general
purpose of this subsection is to regulate the placement, construction and
modification of telecommunication towers and facilities in order to protect
the health, safety and welfare of the public, while not unreasonably
interfering with the development of the competitive wireless
telecommunications marketplace in the City. Specifically, the purposes of
this Ordinance are:
A. To regulate the location of telecommunication towers and facilities.
B. To protect residential areas and land uses from potential adverse impacts
of telecommunication towers and facilities.
C. To minimize adverse visual impacts of telecommunication towers and
facilities through design, siting, landscaping, and innovative camouflaging
techniques.
D. To promote and encourage shared use and co- location of
telecommunication towers and antenna support structures.
E. To avoid damage to adjacent properties caused by telecommunication
towers and facilities by ensuring that those structures are soundly and
carefully designed, constructed, modified, maintained and promptly
removed when no longer used or when determined to be structurally
unsound.
F. To ensure that telecommunication towers and facilities are compatible
with surround land uses.
Section 1060 (Performance Standards) Page 25
June 23, 2011
G. 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.
A. Conditional use. A tower is a conditional use in specified zoning districts
within the city. A tower may not be constructed in those districts unless a
conditional use permit has been issued by, and site plan approval
obtained from, the City Council, and the building official has issued a
building permit.
B. Administrative Permit. Co- location of additional antennas onto an
existing tower and associated ground equipment may be granted by
administrative permit. An administrative permit may be issued by City
staff in accordance with the requirements of Section 1070.060 of the
Zoning Ordinance.
C. Preferred Locations. If co- location is not feasible, the preference for
location of new towers within the City is, in order of priority:
1. Existing public property.
2. Agricultural property.
3. Commercial /industrial property.
D. Applicant must demonstrate in writing, to the City's satisfaction, that a
lower priority site location is necessary as part of the application. The
City has no obligation to allow the use of City property for this purpose.
Subd. 3. Application Process.
A. A person desiring to construct a tower must submit an application for site
plan approval and, for a conditional use permit, to the City Planner.
B. An application to develop a tower must include:
1. Name, address and telephone number of the applicant.
2. Name, address and telephone numbers of the owners of the property
on which the tower is proposed to be located.
3. Written consent of the property owner(s) to the application.
4. Written evidence from an engineer that the proposed structure meets
the structural requirements of this code.
Section 1060 (Performance Standards) Page 26
June 23, 2011
S. Written information demonstrating 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.
C. Administrative Costs and Expenses. In addition to the application fee, the
applicant shall be responsible to pay for all administrative costs incurred
by the City in their review process, including staff administrative time,
legal, engineering, and any other consultant or expert fees deemed
necessary by the City. The City, in its discretion may hire experts to assist
in its review of any application and the applicant shall pay the cost of
such expertise.
D. Council Action. Requests for site plan approval and conditional use
permit approval will be processed contemporaneously, according to the
provisions outlined in the Corcoran Zoning Ordinance.
E. Staff Action. Request for site plan approval and administrative permit for
co- location onto existing towers or structures will be processed
contemporaneously, according to the provisions outlined in the Corcoran
Zoning Ordinance.
Subd. 4. Performance Standards.
A. Co- location capability. All equipment used for transmitting or receiving
telecommunication, television, or radio signals shall be co- located on
existing towers whenever possible. Unless the applicant presents clear
and convincing evidence to the City Council that co- location is not
feasible, a new tower may not be built, constructed or erected in the City
unless the tower is capable of supporting at least two
telecommunications facilities comparable in weight, size, and surface area
to each other.
Section 1060 (Performance Standards) Page 27
June 23, 2011
B. Setback Requirements. All towers and accessory equipment must comply
with the following minimum setback requirements:
1. Towers and accessory equipment shall meet the setbacks of the
underlying zoning district. The tower may not encroach upon any
easements.
2. The tower shall be setback from the nearest residential structure at
least the height of the tower. Exceptions to such setback may be
granted if a qualified structural engineer specifies in writing that any
collapse of the pole will occur within a lesser distance under all
foreseeable circumstances.
3. The setback for a tower or accessory equipment may be reduced or its
location in relation to a public street varied, at the discretion of the
City, to allow the integration of the structure into an existing or
proposed structure, such as a light standard, power line support
device, or similar structure.
4. Setback requirements for towers are measured from the base of the
tower to the property line of the parcel on which it is located.
C. Engineer Certification. Towers must be designed and certified by an
engineer to be structurally sound and in conformance with the Uniform
Building Code, and any other standards set forth in this code.
D. Height Restriction. A tower may not exceed 150 feet in height.
Measurement of tower height must include the tower structure itself, the
base pad, and any other telecommunications facilities attached thereto.
Tower height is measured from grade.
E. Lighting. Towers may not be artificially lighted except as required by the
Federal Aviation Administration. At time of construction of a tower, in
cases where there are residential uses located within a distance which is
three times the height of the tower from the tower, dual mode lighting
must be requested from the Federal Aviation Administration.
Notwithstanding this provision, the City may approve the placement of an
antennae on an existing or proposed lighting standard, provided that the
antennae is integrated with the lighting standard.
F. Exterior Finish. Towers not requiring Federal Aviation Administration
painting or marking must have an exterior finish as approved in the site
plan.
G. Fencing. Fences constructed around or upon parcels containing towers,
antenna support structures, or telecommunications facilities must be
Section 1060 (Performance Standards) Page 28
June 23, 2011
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.
H. Landscaping. Landscaping on parcels containing towers, antenna support
structures or telecommunications facilities must be in accordance with
landscaping requirements as approved in the site plan. Ground mounted
equipment must be screened from view by suitable vegetation, except
where a design of non - vegetative screening better reflects and
complements the character of the surrounding neighborhood.
I. Accessory Buildings and Equipment. No more than one accessory
building is permitted per user on a tower. Accessory buildings may be no
more than 400 square feet in size. Utility buildings and structures
accessory to a tower must be architecturally designed to blend in with the
surrounding environment and to meet such setback requirements as are
compatible with the actual placement of the tower. Accessory structures
shall comply with the building design and material standards of the
district in which they are located. Telecommunications facilities not
located on a tower or in an accessory building must be of stealth design.
J. Security. Towers must be reasonably posted and secured to protect
against trespass. All signs must comply with applicable sign regulations.
K. Design. Towers must be of stealth design, if practical.
L. Removal of Towers. Abandoned or unused towers and associated above-
ground facilities must be removed within twelve months of the cessation
of operations of the telecommunications facility at the site unless an
extension is approved by the City Council. Any tower and associated
telecommunications facilities that are not removed within twelve months
of the cessation of operations at a site are declared to be public nuisances
and may be removed by the City and costs of removal assessed against
the property pursuant to the nuisance abatement section of the Corcoran
City Code.
M. Inspections. The City may conduct inspections at any time, upon
reasonable notice to the property owner and the tower owner to inspect
the tower for the purpose of determining if it complies with the Uniform
Building Code and other construction standards provided by the City
Code, federal and state law. The expense related to such inspections will
be borne by the property owner. Based upon the results of an inspection,
the building official may require repair or removal of a tower.
Section 1060 (Performance Standards) Page 29
June 23, 2011
N. 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.
2. Tower owners must install and maintain towers, telecommunications
facilities, wires, cables, fixtures and other equipment in compliance
with the requirements of the National Electric Safety code and all
Federal Communications Commission, state, and local regulations, and
in such a manner that they will not interfere with the use of other
property.
3. Towers, telecommunications facilities or antenna support structures
must be kept and maintained in good condition, order, and repair.
4. Maintenance or construction on a tower, telecommunications facilities
or antenna support structure must be performed by qualified
maintenance and construction personnel.
S. Towers must comply with radio frequency emissions standards of the
Federal Communications Commission.
6. If the tower owner discontinues the use of a tower, the tower owner
must provide written notice to the City of its intent to discontinue use
and the date when the use will be discontinued.
Subd. 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:
A. The locations, shape, appearance or nature of use of the proposed tower
will not substantially detract from the aesthetics of the area nor change
the character of the neighborhood in which the tower is proposed to be
located.
B. The variance will not create a threat to the public health, safety or
welfare.
Section 1060 (Performance Standards) Page 30
June 23, 2011
C. In the case of a requested modification to the setback requirement, that
the size of parcel upon which the tower is proposed to be located makes
compliance impossible, and the only alternative for the applicant is to
locate the tower at another site that poses a greater threat to the public
health, safety or welfare or is closer in proximity to a residentially zoned
land.
D. In the case of a request for modification of separation requirements, if the
person provides written technical evidence from an engineer that the
proposed tower and telecommunications facilities must be located at the
proposed site in order to meet the coverage needs of the applicant's
wireless communications system and if the person agrees to create
approved landscaping and other buffers to screen the tower from being
visible to the residential area.
E. In the case of a request for modification of the maximum height limit, that
the modification is necessary to:
1. Facilitates co- location of telecommunications facilities in order to
avoid construction of a new tower.
2. 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 31
June 23, 2011
SECTION 1070 - ADMINISTRATION PERMITS AND PROCEDURES
1070.010 - Zoning Amendments (Text and Map)
Subd. 1. Procedure. An application for an amendment to the Zoning Ordinance or
Zoning Map shall be approved or denied, pursuant to Minnesota Statutes
15.99. Additional City requirements are as follows:
A. Request for rezoning (text or map) shall be filed with the Zoning
Administrator on an official application form. A non - refundable fee as set
forth in the City Code shall accompany such application. Detailed written
and graphic materials, the number and size as prescribed by the Zoning
Administrator, fully explaining the proposed change, development, or use,
shall also accompany such application. The application shall be
considered as being officially submitted and complete when the applicant
has complied with all the specified information requirements.
B. Upon completion of preliminary staff analysis of the application and
request, the Zoning Administrator, when appropriate, shall set a public
hearing following proper hearing notification. The Planning Commission
shall conduct the hearing and report its findings and make
recommendations to the City Council.
C. Notice of said hearing shall be mailed to all owners of land within 350
feet of the boundary of the property in question.
D. Failure of a property owner to receive said notice(s) shall not invalidate
any such proceedings as set forth within this Chapter.
E. Notice of said hearing shall also be published in the official newspaper at
least 10 days prior to the hearing and consist of:
1. Legal property description.
2. Description of request.
3. Map detailing property location.
F. The Planning Commission and City staff shall have the authority to
request additional information from the applicant concerning operational
factors or to retain expert testimony with the consent and at the expense
of the applicant concerning operational factors, said information to be
declared necessary to establish performance conditions in relation to all
pertinent sections of this Chapter.
Section 1070 (Administration, Permits and Procedures) Page 1
June 23, 2011
G. The applicant or a representative thereof may appear before the Planning
Commission in order to present information and answer questions
concerning the proposed request.
H. The Planning Commission shall make findings of fact and a
recommendation on the request. Such recommendations shall be
accompanied by the report and recommendation of the City staff.
I. The City Council shall not act upon an amendment until they have
received a report and recommendation from the Planning Commission
and the City staff.
Upon receiving said reports and recommendations of the Planning
Commission and the City staff, the City Administrator shall schedule the
application for consideration by the City Council. Such reports and
recommendations shall be entered in and made part of the permanent
written record of the City Council meeting.
K. Upon receiving said reports and recommendations, the City Council shall
have the option to set and hold a public hearing if deemed necessary.
L. The applicant or a representative thereof may appear before the City
Council in order to present information and answer questions concerning
the proposed request.
M. For any application that changes all or part of the existing classification of
a zoning district from residential to either commercial or industrial,
approval shall require passage by a two - thirds vote of the full City
Council. Approval of any other proposed amendment shall require
passage by a majority vote of the full Council.
N. The amendment shall not become effective until such time as the City
Council approves an ordinance reflecting said amendment.
0. Whenever an application for an amendment has been considered and
denied by the City Council, the Planning Commission or City Council shall
not consider a similar application for an amendment affecting
substantially the same property again for at least 6 months from the date
of its denial. A subsequent application affecting substantially the same
property shall likewise not be considered again by the Planning
Commission or City Council for an additional 6 months from the date of
the second denial unless a decision to reconsider such matter is made by
not less than a majority of the full City Council.
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.
1070.020 - Conditional Use Permits
Subd. 1. Purpose. The purpose of a conditional use permit is to authorize and
regulate uses which may be beneficial in a specific instance to the general
welfare of the community, yet ensure that such uses are not detrimental to
surrounding property, and are consistent with the stated purpose of the
zoning district in which such uses are located regarding conditions of
operation, location, arrangement, and construction.
Subd. 2. Procedure. An application for a conditional use permit shall be approved or
denied pursuant to Minnesota Statutes 15.99. Additional City requirements
are as follows:
A. Request for conditional use permits, as provided within this Chapter,
shall be filed with the Zoning Administrator on an official application
form. A non - refundable fee as set forth in the City Code shall accompany
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.
B. Upon completion of preliminary staff analysis of the application and
request, the Zoning Administrator, when appropriate, shall set a public
hearing following proper hearing notification. The Planning Commission
shall conduct the hearing, and report its findings and make
recommendations to the City Council.
C. Notice of said hearing shall be published in the official newspaper at least
10 days prior to the hearing.
D. Notice of said hearing shall also be mailed at least 10 days prior to all
owners of land within 350 feet of the boundary of the property in
question, informing them of the receipt of the application and the
anticipated schedule for consideration.
E. Failure of a property owner to receive said notice shall not invalidate any
such proceedings as set forth within this Chapter.
F. The applicant or their representative may appear before the Planning
Commission in order to present information and answer questions
concerning the proposed request.
G. The Planning Commission shall make findings of fact and make a
recommendation on such actions or conditions relating to the request as
they deem necessary to carry out the intent and purpose of this Chapter.
Such recommendation shall be in writing and accompanied by the report
and recommendation of the City staff.
H. The City Council shall not consider a conditional use permit until they
have received a report and recommendation from the Planning
Commission and the City staff.
I. Upon receiving said reports and recommendations of the Planning
J. Commission and the City staff, the City Administrator shall schedule the
application for consideration by the City Council. Such reports and
recommendations shall be entered in and made part of the permanent
written record of the City Council meeting.
Section 1070 (Administration, Permits and Procedures) Page 4
June 23, 2011
K. Upon receiving said reports and recommendations, the City Council shall
have the option to set and hold a public hearing if deemed necessary and
shall make a recorded finding of fact and may impose any condition they
consider necessary to protect the public health, safety and welfare.
L. The applicant or a representative thereof may appear before the City
Council in order to present information and answer questions concerning
the proposed request.
M. Approval of a request shall require passage by a majority vote of the full
Council.
N. Whenever an application for a conditional use permit has been
considered and denied by the City Council, the Planning Commission or
City Council shall not consider a similar application for a conditional use
permit affecting substantially the same property again for at least 6
months from the date of its denial. A subsequent application affecting
substantially the same property shall likewise not be considered again by
the Planning Commission or City Council for an additional 6 months from
the date of the second denial unless a decision to reconsider such matter
is made by a majority vote of the full City Council.
Subd. 3. Evaluation Criteria. The Planning Commission shall consider possible
adverse effects of the proposed conditional use. Its judgment shall be based
upon (but not limited to) the following factors:
A. Compliance with and effect upon the Comprehensive Plan, including
public facilities and capital improvement plans.
B. The establishment, maintenance or operation of the conditional use will
promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals or comfort.
C. The conditional use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the neighborhood.
D. The establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding property for uses
permitted in the district.
E. Adequate public facilities and services are available or can be reasonably
provided to accommodate the proposed use.
Section 1070 (Administration, Permits and Procedures) Page 5
June 23, 2011
F. The conditional use shall, in all other respects, conform to the applicable
regulations of the district in which it is located.
G. The conditional use and site conforms to performance standards as
specified by this Chapter.
Subd. 4. Information Requirement.
A. The information required for all conditional use permit applications shall
be as specified in Section 1070.050, Subd. 6.
B. In addition, the City Council, Planning Commission, and City staff shall all
have the authority to request additional information from the applicant
concerning operational factors or to retain expert testimony with the
consent and at the expense of the applicant. Said information is to be
declared necessary to determine performance and may include but is not
limited to:
1. Scope of operation of the proposed use, including methods and
materials utilized in operation.
2. Traffic Generation Data.
3. Statement of the economic impact of the proposed use on the
surrounding area.
4. Statement of the environmental impact of the proposed use on the
surrounding area.
Subd. S. Revocation.
A. Justification.
The Planning Commission may recommend, and the City Council may direct,
the revocation of any conditional use permit for cause upon determination
that the authorized conditional use is not in conformance with:
1. The conditions of the permit.
2. The intent of this Chapter.
3. City Codes.
4. Other applicable regulations.
B. Process.
Section 1070 (Administration, Permits and Procedures) Page 6
June 23, 2011
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.
A. Holders of a conditional use permit may propose amendments to the
permit at any time, following the procedures for a new permit as set forth
in this section.
B. No significant changes in the circumstances or scope of the permitted use
shall be undertaken without approval of those changes by the City. The
Zoning Administrator shall determine what constitutes significant
change. Significant changes include, but are not limited to:
1. Hours of operation.
2. Number of employees.
3. Expansion of structures and /or premises.
4. Operational modifications resulting in increased external activities
and traffic.
C. Following the procedures for hearing and review set forth in this section
the Planning Commission may recommend and the City Council may
approve significant changes and modifications to conditional use permits,
including the application of additional or revised conditions.
Subd.7. Expiration.
A. Unless otherwise specified by the Zoning Administrator or City Council at
time of approval, permit approval shall expire within one year of the date
of approval unless the applicant commences the authorized use. Prior to
the expiration, the applicant may apply for a time extension of up to one
year.
B. The request for extension shall be submitted to the Zoning Administrator
not less than 30 days before the expiration of said approval and shall
include the renewal fee as set forth in the City Code and state facts
showing a good faith attempt to complete or utilize the use permitted in
Section 1070 (Administration, Permits and Procedures) Page 7
June 23, 2011
the conditional use permit. A request for an extension not exceeding one
year shall be subject to the review and approval of the Zoning
Administrator. Should a second extension of time or any extension of
time longer than one year be requested by the applicant, it shall be
presented to the Planning Commission for a recommendation and to the
City Council for a decision.
C. In making its determination on whether an applicant has made a good
faith attempt to utilize the site plan approval, the Zoning Administrator or
the City Council, as applicable, shall consider such factors as the type,
design, and size of the proposed construction, any applicable restrictions
on financing, or special and /or unique circumstances beyond the control
of the applicant which have caused the delay.
Subd. 8. Performance Agreement and Financial Guarantee. Following the approval of
a conditional use permit and prior to the issuing of any building permits or
the commencing of any work, the applicant, as may be applicable, shall
guarantee to the City the completion of all private exterior amenities as
shown on the approved site plan and as required by the conditional use
permit approval. The guarantee shall be made by means of a performance
agreement and financial guarantee as specified in Section 1070.050, Subd. 9.
Subd. 9. Certification of Taxes Paid. Prior to approving an application for a
conditional use permit, the applicant shall provide certification to the City
that there are no delinquent property taxes, special assessments, interest, or
City utility fees due upon the parcel of land to which the conditional use
permit application relates.
1070.030 - Interim Uses
Subd. 1. Purpose and Intent. The purpose and intent of allowing interim uses is:
A. To allow a use for a brief period of time until a permanent location is
obtained or while the permanent location is under construction.
B. To allow a use that is presently judged acceptable by the City Council, but
that with anticipated development or redevelopment, will not be
acceptable in the future or will be replaced in the future by a permitted or
conditional use allowed within the respective district.
C. To allow a use which is reflective of anticipated long range change to an
area and which is in compliance with the Comprehensive Plan provided
that said use maintains harmony and compatibility with surrounding
uses and is in keeping with the architectural character and design
standards of existing uses and development.
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June 23, 2011
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:
A. The date stated in the permit.
B. Upon violation of conditions under which the permit was issued.
C. Upon a change in the City's zoning regulations which render the use
nonconforming.
D. The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the respective zoning
district.
Subd. 5. Certification of Taxes Paid. Prior to approving an application for an interim
use permit, the applicant shall provide certification to the City that there are
no delinquent property taxes, special assessments, interest, or City utility
fees due upon the parcel of land to which the interim use permit application
relates.
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June 23, 2011
1070.040 - Variances
Subd. 1. Purpose. The purpose of this section is to provide for deviations from the
literal provisions of this Chapter in instances where their strict enforcement
would cause practical difficulties because of circumstances unique to the
individual property under consideration, and to grant such variances only
when it is demonstrated that such actions will be in keeping with the spirit
and intent of this Chapter.
Subd. 2. Board Designation
A. The City Council shall act as the Board of Adjustment and Appeals ( "the
Board ").
B. The City Council shall not approve any variance application unless they
find failure to grant the variance will result in practical difficulties on the
applicant, as defined by Minnesota Statute 462.357. The burden of proof
is on the applicant to show that all of the following criteria have been
met:
That there are practical difficulties in complying with the zoning
ordinance.
2. That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and were
not created by the landowner.
3. That the granting of the variation will not alter the essential character
of the locality.
4. The proposed variance would be in harmony with the general
purposes and intent of the ordinance.
S. The variance is consistent with the Comprehensive Plan.
The City may impose conditions on the variance to address the impact of the variance
Subd. 3. Procedures.
A. An application for a variance shall be approved or denied pursuant to
Minnesota Statutes 462.358. Additional City requirements are as follows:
B. Application Process.
1. 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
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June 23, 2011
be considered as being officially submitted complete when the
applicant has complied with all the specified informational
requirements, which shall include the following:
a. A written description of the request for the variance, including an
explanation of compliance with the variance criteria set forth in
this section.
b. Supporting materials, as outlined in this Section and as
determined by the Zoning Administrator on a case -by -case basis.
2. The Zoning Administrator shall have the authority to request
additional information from the applicant concerning operational
factors or to retain expert testimony with the consent and at the
expense of the applicant concerning operational factors, said
information to be declared necessary to establish performance
conditions in relation to all pertinent sections of this Chapter.
C. Approval Process.
Upon receipt of a complete application, as determined by staff review,
and following preliminary staff analysis of the application and
request, the Zoning Administrator, when appropriate, shall establish a
time and place for consideration by the Planning Commission. At least
10 days before the date of the meeting, a written notice of the meeting
shall be mailed to the applicant and to all other owners of property
located within 350 feet of the boundaries of the subject property.
2. Failure of a property owner to receive notice shall not invalidate any
such proceedings as set forth within this Chapter.
3. The Zoning Administrator shall instruct the appropriate staff persons
to prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation on the action to the
Planning Commission.
4. The Board of Adjustment and Zoning Administrator shall have the
authority to request additional information from the applicant
concerning operational factors or to retain expert testimony with the
consent and at the expense of the applicant concerning operational
factors, said information to be declared necessary to establish
performance conditions in relation to all pertinent sections of this
Chapter.
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June 23, 2011
S. The applicant or a representative thereof may appear before the
Planning Commission in order to present and answer questions
concerning the proposed request.
6. 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 purpose of this Chapter. Such
recommendations shall be in writing and accompanied by the report
and recommendation of the City staff.
7. The City Council (as the Board of Appeals and Adjustments) shall not
act upon the request until they have received a report and
recommendation from the Planning Commission and the City staff.
8. 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.
9. Upon receiving said reports and recommendations the City Council
shall have the option to set and hold a public hearing if deemed
necessary and shall make a recorded finding of fact and may impose
any condition they considered necessary to protect the public health,
safety and welfare.
10. Approval of a request shall require passage by a majority vote of the
entire City Council.
11. In granting any variance under the provisions of this section, the City
Council shall designate such conditions in connection with the request
that will, in its opinion, secure the objectives of the regulations or
provisions to which the adjustment or variance is granted, as to light,
air, and the public health, safety, comfort, convenience and general
welfare.
12. In all cases where variances are granted under the provisions of this
section, the City Council shall require such evidence and guarantee, as
it may deem necessary to insure compliance with the conditions
designated in connection with the request.
13. The Zoning Administrator shall serve a copy of the final order of the
City Council upon the petitioner by mail.
14. Whenever an application for a variance has been considered and
denied, a similar application for a variance affecting substantially the
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June 23, 2011
same property shall not be considered again by the 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 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. 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
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.
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.
Section 1070 (Administration, Permits and Procedures) Page 13
June 23, 2011
1070.050 - Site Plan
Subd. 1. Purpose. The purpose of this section is to establish a formal site plan review
procedure and provide regulations pertaining to the enforcement of site
design standards consistent with the requirements of this Chapter.
Subd. 2. Site Plan Approval. Site plan approval is required for all development, except
the following:
A. Agricultural uses and tree farms in the A and RR districts.
B. Single family detached dwellings.
C. Two family attached dwellings.
Subd. 3. Sketch Plan.
A. Prior to filing a formal application, applicants may present a sketch plan
to the Zoning Administrator. The plan shall be conceptual but shall be
drawn to scale with topography of a contour interval not greater than 2
feet and may include the following:
The proposed site with reference to existing development on adjacent
properties, at least to within 200 feet.
2. General location of proposed structures.
3. Tentative street arrangements, both public and private.
4. Amenities to be provided such as recreational areas, open space,
walkways, etc.
S. General location of parking areas.
6. Proposed public sanitary sewer, water and storm drainage.
7. A statement showing the proposed density of the project and the
method of calculating said density.
8. Extent of and any proposed modifications to land within the Overlay
Districts as described and regulated in Section 1050.
B. The Zoning Administrator shall have the authority to refer the sketch
plan to the Planning Commission and /or City Council for discussion,
review, and informal comment. Any opinions or comments provided to
the applicant by the Zoning Administrator, Planning Commission, and /or
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June 23, 2011
City Council shall be considered advisory only and shall not constitute a
binding decision on the request.
C. Request for sketch plan review and comment by the Planning
Commission shall be filed with the Zoning Administrator on an official
application form.
Subd. 4. Application Process. An application for site plan approval shall be approved
or denied pursuant to Minnesota Statutes 15.99. Additional City
requirements are as follows:
A. Request for site plan approval. As provided within this Chapter, request
for approval be filed with the Zoning Administrator on an official
application form. A non - refundable fee as provided for in the City Code
shall accompany such application. Detailed written and graphic
materials, the number and size as prescribed by the Zoning
Administrator, fully explaining the proposed change, development, or use,
shall also accompany such application. The request shall be considered
as being officially submitted and complete when the applicant has
complied with all the specified information requirements.
B. Proof of Ownership or Authorization. The applicant shall supply proof of
ownership of the property for which the site plan approval is requested
or supply written authorization from the owner(s) of the property in
question to proceed with the requested site plan approval.
C. 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.
2. The Planning Commission and City staff shall have the authority to
request additional information from the applicant concerning
operational factors or to retain expert testimony with the consent and
at the expense of the applicant concerning operational factors. Said
information is to be declared necessary to evaluate the request
and /or to establish performance conditions in relation to all pertinent
sections of this Chapter. Failure on the part of the applicant to supply
all necessary supportive information may be grounds for denial of the
request.
3. The applicant or their representative may appear before the Planning
Commission in order to present information and answer questions
concerning the proposed request.
Section 1070 (Administration, Permits and Procedures) Page 15
June 23, 2011
4. The Planning Commission shall recommend such actions or
conditions relating to the request as they deem necessary to carry out
the intent and purpose of this Chapter.
5. The City Council shall not consider a site plan application until they
have received a report and recommendation from the Planning
Commission and City staff.
6. Upon receiving the report and recommendation of the Planning
Commission, the City Administrator shall schedule the application for
consideration by the City Council. Such reports and recommendations
shall be entered in and made part of the permanent written record of
the City Council meeting.
7. The applicant or their representative may appear before the City
Council in order to present information and answer questions
concerning the proposed request.
8. Approval of a request shall require passage by a majority vote of the
entire City Council.
Subd. 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.
Subd. 6. Information Requirement. Every application must contain the following
written and graphic materials in the number and size as required by the
Zoning Administrator:
A. The applicant shall submit electronic files in a manner specified by the
City. The applicant may appeal directly to the City Council for a waiver of
this requirement for applications for a single family home. No waiver
shall be granted under this subsection unless the Council finds that the
applicant and his surveyor do not have ready, economical access to the
technology required to comply with the filing requirement.
B. Location, address (if assigned), legal description, and Hennepin County
property identification number (P.I.N.) of the parcel.
C. Site Plan
1. Name and address of developer /owner.
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June 23, 2011
2. Name, address and Minnesota registration number of
architect /designer /engineer.
3. Date of plan preparation.
4. Dates and description of all revisions.
5. Name of project or development.
6. Scale of plan (engineering scale only, at one inch equals 50 feet or
less). All plan sheets shall be prepared using the same scale.
7. North point indication.
8. Site data computations including lot dimension, area, and building
coverage percentage.
9. Required and proposed setbacks.
10. Location, setback and dimension of all buildings on the lot including
both existing and proposed structures.
11. Total number of proposed dwelling units, if any.
12. Location of all adjacent buildings, improvements and natural
resources located within 100 feet of the exterior boundaries of the
property in question.
13. Adjacent roadway widths.
14. Location, number, and dimensions of existing and proposed parking
spaces.
15. Location, number, and dimensions of existing and proposed loading
spaces.
16. Curb cuts, driveways.
17. Vehicular circulation.
18. Sidewalks, walkways.
19. Site lighting plan.
20. Sign Plan.
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June 23, 2011
21. Location of recreational and service areas.
22. Location of rooftop equipment and proposed screening.
23. Provisions for storage and disposal of waste, garbage, and recyclables.
24. Existing and proposed utility easements and fire hydrants.
25. Location, sizing, and type of water and sewer system mains and
proposed service connections.
D. Grading /Storm Water Drainage Plan
1. Existing contours at 2 -foot intervals.
2. Proposed grade elevations, 2 -foot maximum intervals.
3. Drainage plan including configuration of drainage areas and
calculations.
4. Impervious surface area calculation.
S. Storm sewer, catch basins, invert elevations, type of castings, and type
of materials.
6. Spot elevations.
7. Proposed driveway grades.
8. Surface water ponding and treatment areas.
9. Erosion control measures.
10. Location of proposed street lights, as well as utilities, including
electricity, gas, telephone, and CATV.
E. Landscape Plan
1. Planting Schedule (table) containing:
a. Symbols.
b. Quantities.
c. Common names.
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June 23, 2011
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.
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.
F. Other Plans and Information
1. Proof of ownership of the land for which site plan approval has been
requested.
2. Current Survey (within one year of application date).
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June 23, 2011
3. Architectural elevations of all principal and accessory buildings (type,
color, and materials used in all external surfaces).
4. "Typical" floor plan and "typical" room plan.
5. Fire Protection Plan.
6. Extent of and any proposed modifications to land within the Wetland,
Shoreland or Floodplain District as described and regulated in
Sections 1050.010, 1050.020, and 1050.030.
7. Type, location and size (area and height) of all signs to be erected
upon the property in question.
8. Certification that all property taxes, special assessments, interest, or
City utility fees due upon the parcel of land to which the application
relates have been paid.
9. Sound source control plan.
Subd. 7. Plan Modifications.
A. Minor Changes.
1. Qualifications:
a. Structural additions involving 10 percent or less of the total
existing floor area.
b. Site expansions or modifications involving 10 percent or less of
the total existing site area.
2. Proposed minor changes which meet all ordinance requirements may
be approved by the Zoning Administrator prior to a building permit
being issued and shall not require Planning Commission or City
Council review, subject to the following:
a. This Section shall apply to developments on file that have City
Council approved site plans.
b. Compliance with all Ordinance requirements, which shall be
construed to include all adopted policies and codes.
c. Any variances from Ordinance and policy requirements shall
require the plan to be subject to the established review and
hearing procedures for plan and variance approval.
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June 23, 2011
d. Plans submitted for minor changes under the terms of this Section
shall be the same as those required for site plan approval by the
Zoning Administrator.
e. Minor changes approved by the City shall be placed on file with the
City Council approved plans.
B. Major Changes.
1. Plans not qualifying as minor shall be classified as major.
2. An amended site plan involving major changes shall be applied for
and administered in a manner similar to that required for a new site
plan.
Subd.8. Expiration.
A. Unless otherwise specified by the Zoning Administrator or City Council at
time of approval, permit approval shall expire within one year of the date
of approval unless the property owner or applicant has substantially
started the construction of any building, structure, addition or alteration,
or use requested as part of the approved plan. Prior to the expiration, the
applicant may apply for a time extension of up to one year.
B. The request for extension shall submitted to the Zoning Administrator
not less than 30 days before the expiration of said approval and shall
include the renewal fee as set forth in the City Code and state facts
showing a good faith attempt to complete or utilize the use permitted in
the conditional use permit. A request for an extension not exceeding one
year shall be subject to the review and approval of the Zoning
Administrator. Should a second extension of time or any extension of
time longer than one year be requested by the applicant, it shall be
presented to the Planning Commission for a recommendation and to the
City Council for a decision.
C. In making its determination on whether an applicant has made a good
faith attempt to utilize the site plan approval, the Zoning Administrator or
the City Council, as applicable, shall consider such factors as the type,
design, and size of the proposed construction, restrictions on financing, or
special and /or unique circumstances beyond the control of the applicant
which have caused the delay.
Subd. 9. Performance Agreement and Financial Guarantee. Following the approval of
a site plan and before issuance of a building permit, the applicant, shall
guarantee to the City the completion of all private exterior amenities as
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June 23, 2011
shown on the approved site plan and as required by the site plan approval.
This guarantee shall be made by means of a performance agreement as
provided below:
A. Performance Agreement.
The applicant shall execute the site improvement performance
agreement on forms provided by the City. The agreement shall be
approved as to form and content by the City Attorney and shall define
the required work and reflect the terms of this Section as to the
required guarantee for the performance of the work by the applicant.
2. The required work includes, but is not limited to, private exterior
amenities such as landscaping, private driveways, parking areas,
recreational fields, structures or buildings, signage, lighting, drainage
systems, water quality ponds, wetland mitigation, wetland buffers,
erosion control, curbing, fences and screening, and other similar
facilities.
B. Financial Guarantee.
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.
C. The time allowed for completion of the required improvements shall be
set out in the site improvement performance agreement. The agreement
and the financial guarantee shall provide a means to the City to cure a
default or reimburse the City the cost of enforcement measures. As
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June 23, 2011
various portions of such required work are completed by the applicant
and approved by the City, the Zoning Administrator may release such
portion of the financial guarantee as is attributable to such completed
work. Landscaping improvements shall not be deemed complete until the
City has verified survivability of all required plantings through one winter
season which is defined for the purpose of this Section as the period of
October 31 through April 30.
D. The applicant shall notify the City in writing when all or a portion of the
required improvements have been completed in accordance with the
approved plan and may be inspected. Upon receipt of such notice, the
Zoning Administrator shall be responsible for the inspection of the
improvements to determine that the useful life of all work performed
meets the average standards for the particular industry, profession, or
material used in the performance of the work. Any required work failing
to meet such standards shall not be deemed to be complete and the
applicant shall be notified in writing as to required corrections. Upon
determination that the work has been completed, including the winter
season survivability of all landscape improvements, a notice of the date of
actual completion shall be given to the applicant and appropriate action,
to release or to reduce the amount of the financial guarantee shall be
taken by the Zoning Administrator.
Subd. 10. Minnesota State Building Code. The review and approval of site
improvements pursuant to the requirements of City adopted building and
fire codes shall be in addition to the site plan review process established
under this section. The site plan approval process does not imply compliance
with the requirements of these building and fire codes.
Subd. 11. Plan Agreements. All site and construction plans officially submitted to the
City shall be treated as a formal agreement between the building contractor
and the 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.
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June 23, 2011
1070.060 - Administrative Permits and Approvals
Subd. 1. Purpose. The purpose of this section is to establish regulations and
procedures for the processing and consideration of activities allowed by
administrative permit, and of matters requiring the approval of the Zoning
Administrator with the goal of protecting the health, safety, and welfare of
the citizens of the City.
Subd. 2. Administrative Permits
A. Procedures
1. Application for an administrative permit shall be filed by the property
owner or designated agent with the Zoning Administrator on an
official application form.
2. A non - refundable fee as set forth by the City Code shall accompany the
application.
3. The Zoning Administrator shall review the application and related
materials and shall determine whether the proposal is in compliance
with all applicable evaluation criteria, codes, ordinances, and
applicable performance standards set forth in this Chapter.
4. The Zoning Administrator shall make a determination of approval or
denial of the administrative permit pursuant to Minnesota Statutes
15.99.
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.
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June 23, 2011
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.
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. 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.
B. A copy of the approved site plan for the property or an "as built" survey
which accurately represents existing conditions on the site, including
entrances and exits, bona fide parking and driving areas, and which
accurately indicates any proposed temporary structures, including tents,
stands, and signs.
Section 1070 (Administration, Permits and Procedures) Page 25
June 23, 2011
C. An accurate floor plan, when in the judgment of the Zoning
Administrator, such a plan is necessary to properly evaluate the location
of the event and the effectiveness of available entrances and exits.
D. A copy of the current sales tax certificate issued by the State of Minnesota,
if applicable.
E. Information identified in Section 1070.050, as maybe 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.
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
Subd. 1. Purpose. The purpose of this section is to establish regulations and
procedures for the processing Certificates of Compliance and of matters
requiring the approval of the Zoning Administrator with the goal of
protecting the health, safety, and welfare of the citizens of the City.
Subd. 2. Certificate of Compliance
Section 1070 (Administration, Permits and Procedures) Page 26
June 23, 2011
A. Procedures
1. Application for an administrative permit shall be filed by the property
owner or designated agent with the Zoning Administrator on an
official application form.
2. A non - refundable fee as set forth by the City Code shall accompany the
application.
3. The Zoning Administrator shall review the application and related
materials and shall determine whether the proposal is in compliance
with all applicable evaluation criteria, codes, ordinances, and
applicable performance standards set forth in this Chapter.
4. The Zoning Administrator shall make a determination of approval or
denial of the certificate of compliance permit pursuant to Minnesota
Statutes 15.99 as may be amended.
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. Compliance with all City Code requirements.
Section 1070 (Administration, Permits and Procedures) Page 27
June 23, 2011
C. 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.
D. The use, event, or activity will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the neighborhood.
E. The establishment of the use, event, or activity will not impede the
normal and orderly development and improvement of surrounding
property for uses permitted in the district.
F. Adequate public facilities and services are available or can be reasonably
provided to accommodate the use, event, or activity which is proposed.
G. The use, event, or activity shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
H. The use, event, or activity and site conform to the performance standards
as outlined in Section 1060 and all other applicable provisions of this
Chapter.
Subd. 4. Information Requirements. The information required for all administrative
permit applications shall include:
A. A concise statement describing the proposed structure, use, event or
activity, including any pertinent information required by the Zoning
Administrator to fully evaluate the application.
B. A copy of the approved site plan for the property or a survey which
accurately represents existing conditions on the site and which accurately
indicates the proposed changes.
C. An accurate floor plan, when in the judgment of the Zoning
Administrator, such a plan is necessary to properly evaluate the
application.
D. Information identified in Section 1070.050, as maybe applicable.
Subd. S. Administration and Enforcement
A. The Zoning Administrator shall keep a record of applications and
certificates.
Section 1070 (Administration, Permits and Procedures) Page 28
June 23, 2011
B. A copy of all certificates of compliance issued shall be forwarded to
appropriate staff as determined by the Zoning Administrator.
C. Enforcement of the provisions of this paragraph shall be in accordance
with Section 1080. Violation of an issued permit or of the provisions of
this section also shall be grounds for denial of future permit applications.
Subd. 6. Certification of Taxes Paid. Prior to approving an application for an
certificate of compliance, the applicant shall provide certification to the City
that there are no delinquent property taxes, special assessments, interest, or
City utility fees due upon the parcel of land to which the certificate of
compliance application relates.
1070.070 - Development Rights Map
Subd. 1. Purpose. The Development Rights Map reflects the number of development
rights remaining on properties zoned Agricultural and Rural Residential and
is intended to show the maximum number of residential units that may be
developed per individual property.
Subd. 2. Maintenance. The number of development rights shown on the map shall be
revised to reflect the number of remaining development rights on property
following subdivision of the land or paving of the adjacent street. It shall be
the duty of the Zoning Administrator to maintain the map as required.
Subd. 3. Appeals. Should an objection to the number of development rights remaining
on a particular property arise, the property owner may file an appeal to be
heard by the City Council. All appeals should be submitted in writing to the
Zoning Administrator and should state the calculation error or other
justification for the objection. The Council may decide the matter at any
regularly scheduled meeting. A property owner may only file a second
appeal for the same property if the justification has changed.
1070.080 - Fees
Subd. 1. Administrative fees shall be charged to the applicant based on the fee
schedule adopted by City Council resolution.
Subd. 2. In addition to the application fees set by the City Council, the applicant shall
provide an escrow and agree to pay the total cost of staff and consultant time
spent exclusively in reviewing and researching the application and
presenting requests to the Planning Commission and City Council.
Section 1070 (Administration, Permits and Procedures) Page 29
June 23, 2011
Subd. 3. Fees shall be payable at the time applications are filed with the City and are
not refundable unless the application is withdrawn prior to Planning
Commission review.
Subd. 4. Any escrow not spent on application review shall be refunded to the
applicant after the review and administrative process is completed.
1070.090 - Appeals
Subd. 1. Board Designation. The City Council shall serve as the Board of Adjustments
and Appeals.
Subd. 2. Applicability. An appeal shall only be applicable to an interpretation of
legislative intent of provisions of this Chapter. Opinions and evaluations as
they pertain to the impact or result of a request are not subject to the appeal
procedure.
Subd. 3. Filing. An appeal from the ruling of an administrative officer of the City shall
be filed by the property owner or their agent with the Zoning Administrator
within 30 days after the making of the order being appealed.
Subd. 4. Stay of Proceedings. An appeal stays all proceedings and the furtherance of
the action being appealed unless it is certified to the Board of Adjustment
and Appeals, after the notice of appeal is filed, that by reason of facts stated
in the certificate a stay would cause imminent peril to life and property. In
such case, the proceedings shall not be stayed other than by a restraining
order which may be granted by a court of record on application, and upon
subsequent notice to the City.
Subd. S. Procedure. The procedure for making such an appeal shall be as follows:
A. The property owner or their agent shall file with the Zoning
Administrator a notice of appeal stating the specific grounds upon which
the appeal is made. Said application shall be accompanied by a fee set
forth in the City Code.
B. The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports when appropriate and shall provide general
assistance in preparing a recommendation on the action to the Board of
Adjustment and Appeals.
C. The Board of Adjustment and Appeals shall make its decision by
resolution.
Section 1070 (Administration, Permits and Procedures) Page 30
June 23, 2011
D. The Zoning Administrator shall serve a copy of the final order of the
Board upon the petitioner by mail.
Subd. 6. Appeals from the Board of Adjustment and Appeals. Any person or persons,
any private or public board, or taxpayer of the City aggrieved by any decision
of the Board of Adjustment and Appeals shall have the right to seek review of
the decision with a court of record in the manner provided by the laws of the
State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such
statutes may be from time to time amended, supplemented or replaced.
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:
A. Periodically inspect buildings, structures, and uses of land to determine
compliance with the terms of this Chapter.
B. Notify, in writing, any person responsible for violating a provision of this
Chapter, indicating the nature of the violation and ordering the action
necessary to correct it.
C. Order discontinuance of illegal use of land, buildings, or structures; order
removal of illegal buildings, structures, additions or alterations; order
discontinuance of illegal work being done; or take any other action
authorized by this Chapter to insure compliance with or to prevent
violation of its provisions, including cooperation with the City Attorney in
the prosecution of complaints.
D. Maintain permanent and current records of the Zoning Ordinance,
including all maps, amendments, conditional uses and variances.
E. Maintain a current file of all permits, all certificates and all copies of
notices of violation, discontinuance, or removal for such time as
necessary to insure a continuous compliance with the provisions of this
Chapter and, on request, provide information to any person having a
proprietary or tenancy interest in any specific property.
F. Provide clerical and technical assistance to the Planning Commission and
Board of Zoning Adjustments and Appeals.
G. Receive, file and forward as applicable to the Board of Adjustment,
Planning Commission, or City Council all applications for conditional use
permits, variances, amendments or development plans as required
herein.
H. Maintain the Development Rights Map.
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.
• A tool that designers can use to incorporate general and specific approaches and
techniques in their plans that will achieve City design objectives.
A basis for uniform and consistent review of development proposals by the City
Council and Planning Commission.
The Corcoran General Design Guidelines should meet the following goals:
Goal 1: Preserve the unique, rural character of Corcoran.
Goal 2: Establish a consistent, high quality baseline design standard for all districts.
Goal 3: Maintain a high quality, harmonious visual environment.
Goal 4: Communicate the community's expectations for new development in Corcoran.
APPLICATION
The design guidelines are intended to be applied in all districts where a District Plan has
been developed. These guidelines are designed to be complimentary to the District Plans,
the existing Comprehensive Plan, the Zoning Map, and Zoning Ordinances. Illustrations
have been included to further explain the design guideline intent.
ORGANIZATION
The District Plans and Design Guidelines begin with General Design Guidelines which apply
across all districts. This general section is followed by the District Design Guidelines and
District Plans which are specific to the three districts in the City of Corcoran - Southwest,
Northeast and Southeast. District Design Guidelines are applied in addition to the General
Design Guidelines, and address unique conditions or uses in that District. The Southwest,
Northeast, and Southeast District Plans accompany the Design Guidelines for each District.
These build on the concepts identified in the Comprehensive Plan.
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 existing residences in the design and
location of new uses and buildings with respect to shading, viewsheds, and potential
light and noise pollution. Where necessary, appropriate screening or buffering shall
be provided.
• New business parks should not be designed only for larger businesses, but should
also accommodate the small and mid -sized businesses that enhance Corcoran's
rural community.
STREETS, PUBLIC SPACE AND AMENITIES
• All arterial roads should have a minimum 100 -foot setback to preserve a rural road
character. This area shall be maintained as a natural buffer preserving mature trees
and shrubs, with native grasses and wildflowers encouraged.
• Along County Road 116 a rural greenway is proposed with trails and amenities.
New development along this route will be required to continue the greenway
throughout Corcoran based on the City's design.
• Key intersections have been identified as primary entrances to Corcoran and should
be designed as "gateways" to the City; gateway elements could include open space,
unique landscaping, walls or gates, City identity signage and water features.
• Direct access for new developments should be restricted on Highway 55 and County
Roads 101 and 116; driveways serving only one parcel or use should be prohibited
along these roads.
• 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 DEVELOPMENT
Marker with
incorporated
signage
Welcoming design element
combines wall and
landscaping with signage
• Well- landscaped open areas should be provided at the main road entryway to new
developments; gateway or welcoming design elements, including water or
landscape features, signage and lighting are encouraged.
Filtration
Stormwater Vegetation
Holding Pond
More formal
Trail or and groomed
Sidewalk 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.
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
Trail or sidewalk
awalU3 plallLuu aS a rain garden;
plants and soil provide filtration
Stormwater ponds, dry ponds and other stormwater management or holding areas
shall be designed to be attractive in both flooded and dry conditions; use of native
plants for filtration around pond and wetlands is encouraged.
• Sustainable design approaches to site and landscape design, especially for storm
water management and water shed quality is encouraged.
All landscaping shall preserve and enhance natural features (such as wetlands,
drainage ways, mature stands of trees, and the like), enhance architectural features,
strengthen vistas and important amenities and provide shade.
ARCHITECTURE
• Buildings should be constructed and maintained for permanence and longevity -
durable, maintainable materials should be used; temporary buildings, metal sheds,
etc. shall not be permitted except when allowed as accessory buildings.
• Buildings should be designed to relate well to the existing environment, both
natural and man -made, and consider context in massing, materials, style and color.
• Design of the landscape and hardscape should be coordinated and harmonious with
the building design and materials.
• Multi- family buildings should be designed to provide both private and common
outside space and units with terraces, balconies or other private exterior space are
encouraged. Orientation of building and unit entrances, windows, garages, etc.
should be considered for visual and acoustic privacy.
• 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
�..�.
i
Ali �
Ire Of
Entry feature; well distinguished
and covered from the weather
Awning with accent
lighting and graphics
instead of applied signs
1st story with glazed
display windows
• Building entries should be visible from the main street or entry route, and
distinguished from the building facade; entrance areas should be well lit, covered or
protected from weather, and include significant glazing and glass doors where the
public will be entering buildings.
Cornice or roof line
expresses front entry
A
Well defined roof line
and overhang
expression
Maximize lazin
g g,
especially on front
fa�a�P
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
L �1
Rooftop equipment shall be screened
from the line of site of pedestrians
and integrated into the design and
massing of the roof form
+ r
` w, • f LIST Y G4
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 -
parapet or
enlarged
cornice
r Finish
materials on
all side
of
architectural pier -
element is constructed in
3 dimensions with finish
materials on all sides
L Retail /Commercial ! Front corner view
Building of architectural
• 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 Hang:
Sign
Wall
integrat
into
building
design
Pedestrian - Oriented Tenant Signs
Awning Sign
Window Signs
• Signage and lighting which is integrated into the design of the building is
encouraged.
Regional Architectural Styles. The
design of buildings, particularly
important civic buildings, shall
reflect regional traditions.
Agrarian Style
Prairie Style
• Architecture of new buildings should be respectful of the existing agricultural and
historical structures which enhance the rural character of Corcoran; design which
reflects the elements of vernacular prairie -style or agrarian architecture is
encouraged.
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
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nuyusc J. zuvi
Appendix A - Design Guidelines
June 23, 2011
prs➢arcd by L,,&f
Page 10
District Design Guidelines
Descriptions and Recommendations for District Specific Design Standards
District Plan follows:
Northeast District Design Guidelines
At one of the major entrances to the City of Corcoran, the Northeast District Plan
establishes a gateway to the community that reflects the City's rural character. The plan
offers opportunities for expanded tax base, jobs and services by taking advantage of Maple
Grove's nearby higher density development. The primary entry into the Northeast District
is County Road 30, where a mixed -use PUD (planned unit development) will combine a mix
of low and medium density residential with mixed -use commercial, including
neighborhood retail, service retail, commercial and office uses. The edge of the district
along County Road 101 is planned primarily for high quality business parks, with some
destination commercial or retail uses closer to the County Road 30 intersection.
GENERAL SITE DEVELOPMENT
• The commercial area along County Road 101 should be designed as high quality
business parks, with appropriate office, commercial and light industrial uses.
• Retail uses should be limited to the commercial area indicated near the County Road
101 and 30 intersection or included within the County Road 30 mixed -use PUD area.
• Within the PUD, residential development should provide for life -cycle housing for
empty nesters, retirees, and first -time home buyers with a range of housing types
(condominiums, townhouses, and single- family attached) and densities.
STREETS, TRAILS, PARKS AND PUBLIC AMENITIES
• County Road 30 is a major entry point into the City of Corcoran, which warrants a
unique design treatment as it meets County Road 101; this intersection should be
developed as a "gateway" with significant landscaped open space and appropriate
entry elements; the design should express the unique character of Corcoran.
County Road 30 from County Road 116 to County Road 101 should be developed as
a green corridor with landscaped setback, center boulevard and other
enhancements that will express a sense of entry while maintaining an open, rural
road character.
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 Road 101 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 development should be sensitive to
existing residential uses, with well- designed transitions from multi- family to
existing single family residential areas.
TND example with traditional street
grid and porches facing the street
Alley with garage access at mid -
block and rear of house
Sidewalks and boulevards with
regularly spaced street trees
Traditional neighborhood design (TND), based on a traditional street grid and
blocks with alleys for garage access, is a desirable option for downtown medium
density areas. Single family houses, either detached 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 discouraged.
LAND USE
• Destination retail, restaurant and entertainment uses are encouraged in this district,
with a downtown location preferred over other commercial districts.
Development of "big box" retail -only centers are highly discouraged in the Southeast
District. Within the downtown mixed -use PUD, larger retail stores may be included,
but should be designed in combination with smaller stores and other
complementary uses.
Commercial development such as "fast food ", new gas stations, or similar auto -
dominated and drive - through facilities, "big box" or large retail -only or other single -
use commercial developments and stand -alone "pads" developed with corporate
architecture are discouraged in the downtown area.
SITE DEVELOPMENT
Mixed -use, commercial and retail within the downtown PUD should be designed
around public or common areas, linked by a pedestrian network of sidewalks and
trails. This network of open space should include formal plazas, squares and
gardens, designated parks and informal landscaped 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 park as well
as designating preserved common areas of both landscaped and "natural" open
space.
• New public spaces, parks, and common greens or open space should be linked to
other community parks and open space with trail connections to the existing and
proposed City parks and trail system.
• Pedestrian safety should be provided for in the design of streets in this district.
Enhancements to safety, including crosswalks, narrowed 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.
of
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Appendix A - Design Guidelines Page 18
June 23, 2011
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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
axisting commercial while still keeping
good visibility for these businesses. A
new frontage road provides safer access
to 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.
lk Zones
ig Area
estrian Path
ghting /Planting
Parking
Narrowed
Intersection
with planting
and kiosk
Eone defined
ig or change
als
Typical sidewalks in the Downtown should be "zoned" to include on- street parking,
landscaping and street trees, lighting, seating areas, a pedestrian or walking path
and area designated for other street furniture and commercial opportunities,
including newspaper boxes and trash receptacles.
On- street parking is encouraged on streets within the downtown. Streets should be
designed for parking, with the parking zone defined either by curbing or with a
change in paving materials.
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
Y
Liu
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Downtown Area Plan
6 1.Iw -x.-1 I
Appendix A - Design Guidelines Page 26
June 23, 2011
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Appendix A - Design Guidelines Page 27
June 23, 2011