HomeMy WebLinkAbout0744 Ord (Chapter 31 Zoning)
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TITLE AND SUMMARY OF
ORDINANCE NO. 744
TITLE:
An ordinance amending the Stillwater City Code, Chapter 31,
Zoning.
SUMMARY OF ORDINANCE:
Ordinance No. 744 rearranges and recodifies the Zoning
Ordinance into a comprehensive and readable document. Since the
Ordinance in its form before the adoption of this Ordinance had
been adopted in a peace meal fashion and certain requirements
that should have come under the heading of Zoning Ordinance had
been contained in other sections of the City Code, this
comprehensive update was necessary. No substantive additions to
the Zoning Ordinance were incorporated into the Zoning Ordinance
by this change that were not already contained in various
portions of the City Code.
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A printed copy of Ordinance No. 744 is available for
inspection by any person during the regular office hours of the
City Clerk and, and a copy of the Ordinance is available for
inspection at the Stillwater Public Library.
Authorized by the City Council this 23rd day of July, 1991.
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Publish: August 1, 1991
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RESOLUTION NO. 91-149
A RESOLUTION AUTHORIZING THE
PUBLICATION OF ORDINANCE NO. 744, A MODIFICATION OF
THE ZONING ORDINANCE BY TITLE AND SUMMARY
WHEREAS, an amendment to the zoning ordinance,
including a comprehensive reorganization, clarification and minor
modification was proposed by the Community Development Director
and the Planning Commission and thereafter, the City Council, at
their regular meeting on the 21st day of May, 1991, conducted the
first reading of Ordinance No. 744 amending the City Code to
include the amendment and thereafter, the Council set the second
reading of the ordinance and the date of its adoption per the
18th of June, 1991, the Council ordered that Notice be published
in the Stillwater Courier, the legal newspaper for the City
setting forth that a public hearing would be held on the adoption
of the ordinance, and on the 6th of June, 1991, publication of
the notice of the hearing was made in the Courier and,
WHEREAS, at the Hearing, after all persons were given an
opportunity to be heard, the Mayor closed the Hearing, and upon
motion made and seconded the Council, by unanimous vote passed
and approved Ordinance No. 744 and,
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WHEREAS, Article V, Section 5.03F of the Stillwater City
Charter provides that in the case of lengthy ordinances, a Title
and Summary of the Ordinance may be authorized by the Council
upon a finding that the Title and Summary would clearly inform
the public of the intent and effect of the ordinance.
NOW THEREFORE, be it resolved by the City Council of the
City of Stillwater that the Title and Summary of Ordinance No.
744, amending the Zoning Ordinance section of the Stillwater City
Code attached hereto as Exhibit "A" be in the same hereby is
approved for publication in lieu of a publication of the entire
text of the ordinance.
Enacted by the City Council this 23rd day of July, 1991.
w~rahamson, Mayor
ATTEST:
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Mary Lou Johnson, C rk
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TABLE OF CONTENTS
ZONING ORDINANCE
CITY OF STILLWATER
CHAPTER 31
Zoning Page
Subdivision 1. Purpose
1
Subdivision 2. Interpretation
1
Subdivision 3. Scope
1
Subdivision 4. Definitions
1
Subdivision 5. Zoning/Establishment of Districts
7
Subdivision 6. Interpretation of District Boundaries
7
Subdivision 7. Application of Regulations
9
Subdivision 8. Transition Zoning
9
Subdivision 9. Nonconforming Uses
10
Subdivision 10. Use Districts
11
Subdivision 11. RA One Family Districts 12
Subdivision 12. RB Two Family Districts 14
Subdivision 13. RCL Low Density Multiple Family Residential
District 16
Subdivision 14. RCM Medium Density Multiple Family Residential
District 17
Subdivision 15. RCH High Density Multiple Family Residential
District 18
Subdivision 16. CA General Commercial District 20
Subdivision 17. CBD Central Business District 21
Subdivision 18. PA Public Administrative Offices District 23
Subdivision 19. BP-C Business Park Commercial District 24
Subdivision 20. BP-O Business Park Office District 25
Subdivision 21. BP-I Business Park Industrial District
26
Subdivision 22. Flood Plain Overlay District
27
Subdivision 23. BlufflandjShoreland OVerlay District Regulations 38 e
Subdivision 24. Planned Unit Development 56
Subdivision 25. Supplementary Regulations 62
l{a} Essential Services 62
1 (b) Soil Stripping 62
l(c) Vacant Lots of Record 62
l(d} Clear Corners 62
l(e) Substandard Lots 63
l(f) Bed and Breakfast 63
l(g} Farm Animals 63
l(h} Pole Buildings 64
l(i} Minimum Landscape Requirements 64
l(j} Projection into Required Yard Areas 64
l(k} Exceptions to Height Requirements 65
1(1) Land Reclamation Regulations 65
l(m} Fence Regulations 65
l(n) Swimming Pool Locations 66
Subdivision 26. Off Street Parking and Loading 66
Subdivision 27. Sign Regulations 75
Subdivision 28. Grading Permits 86 e
Subdivision 29. Design Review Permits 89
Subdivision 30. Administration and Enforcement 93
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Subdivision 1
CHAPTER 31 ZONING
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31.01 . ZONING ORDINANCE OF THE CITY OF STIIJ..WATER
Subdivision 1. PURPOSE. An ordinance regulating and restricting the use of land
and the use and location of buildings and structures and determining the area
of yards and other places surrounding them; regulating and restricting the
density of population; dividing the city into districts for this purpose;
adopting a map of the city showing boundaries and the classification of the
districts; and prescribing penalties for the violation of its provisions.
Subd. 2. INTERPRETATION. In the interpretation and application, the provisions
of this ordinance shall be construed as minimum requirements for the promotion
of public health, safety and welfare. To protect the public, among other
purposes, the provisions are intended to provide for adequate light, pure air,
safety from fire and other danger, undue concentration of population and ample
parking facilities.
Subd. 3. SCOPE. It is not intended by this ordinance to repeal, abrogate, annul
or in anyway impair or interfere with existing provisions of other laws or
ordinances, except those specifically repealed by this ordinance or with private
restrictions placed upon property by covenant, deed or other private agreement
or with restrictive covenants running with the land to which the city is a party.
Where this ordinance imposes a greater restriction upon land, buildings or
structures than is imposed or required by existing provisions of law, ordinance,
contract or deed, the provisions of this ordinance shall control.
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Subd. 4. DEFINITIONS. For the purposes of this ordinance the following terms,
phrases, words and their derivations shall have the meaning given in this
subdivision. When not inconsistent with the context, words used in the present
tense include the future; words in the plural numbers include the singular; and
words in the singular number include the plural. The word "shall" is always
mandatory and not merely directory.
1. Accessory Use of Buildings. A subordinate use or buildings
customarily incident to and located on the same lot with the main
use or building.
2. Alteration. As applied to a building or structure, a change or
rearrangement in the structural parts or in the exit facilities or
an enlargement whether by extending on a side or by increasing in
height or the moving from one location or position to another.
3. Apartment house. A multifamily dwelling for three or more families
living independently of each other and doing their cooking upon the
premises.
4.
Area, Building. The aggregate of the maximum horizontal cross
section areas of the main building on a lot, excluding cornices,
eaves, gutters or chimneys projecting not more than three (3) feet,
steps and bay windows not extending through more than one (1) story
and not projecting more than three (3) feet.
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Zoning Page 1
Subdivision 4
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5.
Area, Lot. The aggregate square feet contained in the proposed
building site excluding therefrom areas within public easements for
streets, flowage easements and areas covered by pubic waters as
defined in Minnesota Statutes 105.38 and areas subject to
intermittent flooding or overflow and any area included within a
swamp or bog and those areas which have a slope of greater than 30
percent. Lot area shall have the same meaning as the term
"buildable" lot area.
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6. Automobile Service Station (Gas Station). A place where gasoline,
kerosene or any other motor fuel, lubricating oil or grease for
operating motor vehicles is sold. This definition includes greasing
and oiling and the sale of automobile accessories on the premises.
This def ini tion also includes the making of minor repairs, incidental
body and fender work, painting or upholstering, the replacement of
parts and motor services to passenger automobiles and trucks not
exceeding one and one-half (1-1/2) tons capacity. This definition
shall not include major repair, rebuilding or reconditioning of
engines, motor vehicles or trailers, collision service including
body, frame or fender straightening or repair, overhaul, painting,
vehicle steam cleaning, automatic care or vehicle washing devises.
7. Automobile Service Uses. Auto and truck laundry, drive-in business,
service station, repair garage, public garage, motel, hotel, seasonal
produce sales, motor vehicle sales, trailer sales and rental, boat
sales, rental services and restaurants.
8.
Automobile Repair, Major. General repair, rebuilding or
reconditioning of engines, motor vehicles or trailers, including body
work, framework, welding and major painting service.
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9. Bed and Breakfast. An owner-managed and occupied, residential
structure used as a lodging establishment where a room or rooms are
rented on a nightly basis and in which only breakfast is included
as part of the basic accommodations. A Bed and Breakfast
establishment shall be inspected by the Fire Marshall, Building
Official and County Health Officer and upon approval receive a proper
operating license.
10. BlufflandjShoreland definitions (see BlufflandjShoreland OVerlay
District Regulations Subdivision 23).
11. Building. A structure designed, built or occupied as a shelter or
a roofed enclosure for persons, animals or property, including tents,
lunch wagons, dining cars, camp cars, trailers and other roofed
structures on wheels or other supports, used for residential,
business, mercantile, storage, commercial, industrial, institutional,
assembly, educational or recreational purposes.
12. Building Line. The line between the front yard setback line and the
lot line where no building or other structure may be erected above
grade level. The building line is considered a vertical surface
intersecting the ground on this line.
13.
Club or Lodge. A club or lodge is a bona fide nonprofit association
of persons paying annual dues.
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Zoning Page 2
Subdivision 4
14.
Commercial Recreation. Bowling alley, cart track, jump center, golf,
pool hall, vehicle racing or amusement, dance hall, skiing, skating,
tavern, theater, firearms range and similar uses.
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15.
Drive-in. Any use where products 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 offered
regardless of whether service is also provided within a building.
16. Dwelling. A building, excluding house trailers or mobile homes,
designed or used as living quarters for one or more families.
17 . Dwelling House. A detached house designed for and occupied
exclusively as the residence of not more than two (2) families, each
living as an independent housekeeping unit.
18. Dwelling, Mul tif amily . A dwelling or group of dwellings on one
parcel containing separate living units for three (3) or more
families, but which may have joint services or facilities.
19. Dwelling Unit. One or more rooms providing complete living
facilities for one family, including equipment or provisions for
cooking and including a room or rooms used for living, sleeping and
eating.
20. Essential Services.
a.
Public utili ty Facilities. Underground or overhead gas,
electrical, steam or water distribution systems; collection,
communication, supply or disposal systems including poles,
wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants or
other similar equipment and accessories in conjunction
therewith; but not including buildings or transmission service.
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b. Public Utility Facilities. Transmission services, buildings
and storage. Transmission service such as electrical power
lines or a voltage of 35 kv or greater, or bulk gas or fuel
being transferred from station to station and not intended for
enroute consumption or other similar equipment and accessories
in conjunction therewith.
21. Family. A single individual, doing their own cooking and living
upon the premises as a separate housekeeping unit or a collective
body of persons, doing their own cooking and living together upon
the premises as a separate housekeeping unit in a domestic
relationship based upon birth, marriage or other domestic bond as
distinguished from a group occupying a boarding house, lodging house,
club, fraternity or hotel.
22. Flood Plain Definitions (see Subdivision 22 Flood Plain Overlay
District) .
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23.
Floor area. The gross area of the main floor of a residential
building measured in square feet and not including an attached
garage, breezeway or similar area.
Zoning Page 3
Subdivision 4
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24.
Floor/Lot Area Ratio. The numerical value obtained through dividing
the gross floor area of a building or buildings by the net area of
the lot or parcel of land on which the building or buildings are
located.
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25. Frontage. The boundary of a lot which abuts an existing or dedicated
public street.
26. Garage, Private. A building or a portion of a building in which
motor vehicles used by the residences of the building on the premises
are stored or kept.
27. Garage, Public. A building or portion of a building, used for the
storage of motor vehicles, or where any vehicles are kept for money
or hire and in which any sale of gasoline, oil and accessories are
incidental to the principle use. This definition does not include
private garage or repair garage.
28. Garage, Public or storage. A building or part thereof, other than
a private garage, used for the storage of motor vehicles and in which
service station activities are being carried on.
29. Garage, Repair. A building or space used for the repair or
maintenance of motor vehicles but not including factory assembly of
vehicles, auto wrecking establishments or junk yards.
30.
Height, Building. The vertical dimension, measured from the average
elevation of the finished lot grade at the front of the building to
the highest point of ceiling of the top story, in the case of a flat
roof, to the deck line of a mansard roof to the average height
between the plate and ridge of a gale, hip or gambrel roof.
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31. Hotel. A building containing rooms intended or designed to be used,
or which are used, rented or hired out to be occupied, or which are
occupied for sleeping purposed by guests and where a general kitchen
and dining room are provided within the building or in an accessory
building.
32. Junk. Any worn out, cast-off or discarded article or material which
is ready for destruction, or has been collected or stored for salvage
or conversion to some use. Any article or material which unaltered
or unchanged, and without further reconditioning can be used for its
original purpose as readily as when new, shall not be considered
junk.
33. Junk Yard. The use of more than forty (40) square feet of the area
of any lot, whether inside or outside a building, or the use of any
portion of that part of a lot which adjoins a street for the storage,
keeping or abandonment of junk.
34.
Loading Space. An off-street space or berth, on the same lot with
a building, or contiguous to a group of buildings, for the temporary
parking of a commercial vehicle while loading merchandise or
materials, and which abuts upon a street, alley or other appropriate
means of access.
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Zoning Page 4
35.
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Subdivision 4
Lot. A parcel of land occupied, or capable of being occupied by one
building and the accessory building or uses customarily incidental
to it, including the open spaces required by this ordinance.
36. Lot, Corner. A lot at the intersection of and abutting on two or
more intersecting streets, the angle of intersection being not more
than 135 degrees. The land occupied, or to be occupied, by the
corner building and its accessory buildings.
37. Lot, Corner sideyard. A sideyard adjacent to a street, alley or
court.
38. Lot, Depth. The average horizontal distance between the front and
rear lot lines or between the front lot line and the intersection
of the two side lot lines if there should be no rear lot lines.
39. Lot, Reversed Corner. A corner lot, the rear of which abuts upon
the side of another lot.
40. Lot, width. The distance between the side lot lines measured at
right angles to the lot depth at a point midway between the front
and rear lot lines.
41.
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Manufacturing, General. All manufacturing, compounding, processing,
packaging, treatment or assembly of products and materials that may
emit objectionable and offensive influences beyond the lot on which
the use is located. The uses, products or materials include, but
are not limited to the following: sawmill, refineries, commercial
feed lots, acid, cement, explosives, flour, feed and grain milling
or storage, meat packing, s laughter houses, coal or tar asphal t
distillation, rendering of fat, grease, lard or tallow, alcoholic
beverages, poisons, exterminating agents, glue or size, lime, gypsum,
plaster or paris, tanneries, automobile parts, paper and paper
products, glass, chemicals, crude oil and petroleum products
including storage, electric power generation facilities, vinegar
works, junk yard, auto reduction yard, foundry, forge, casting of
metal products, rock, stone, cement products, the drying or
processing of milk or cheese and any derivative product
42 . Manuf actur ing , Limi ted. All uses which include the compounding,
processing, packaging, treatment or assembly of products and
materials provided the use will not generate offensive odors, glare,
smoke, dust, noise, vibrations or other objectionable influences that
extend beyond the lot on which the use is located. Generally, these
are industries dependent upon raw materials refined elsewhere. Uses
include, but are not limited to, the following: lumber yard, machine
shops, products assembly, sheet metal shops, plastics, electronics,
general vehicle repair ( repair garage), body work and painting,
contractors shops and storage yard, food and nonalcoholic beverages,
signs and displays, printing, publishing, fabricated metal parts,
appliances, clothing, textiles, used auto parts.
43.
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Medical Uses. Those uses concerned with the diagnosis treatment and
care of human beings. These uses include : hospitals, dental
services, medical service, clinic, nursing or convalescent home,
orphans home, rest home and sanitarium.
Zoning Page 5
Subdivisiqn 4
44. Motor Freight Terminal. A building or area in which freight brought
by motor truck is transferred or stored for movement by motor truck.
45.
Nonconforming Use. A building, structure or use of land existing
at the time of the enactment of this ordinance which does not conform
to the regulations of the district in which it is located.
46. Office Uses. Those commercial activities that take place in office
buildings, where goods are not produced, sold or repaired. These
include: banks, general offices, governmental offices, insurance
offices, real estate offices, travel agencies or transportation
ticket offices, telephone exchanges, utility offices, radio
broadcasting and similar uses.
47. Open Sale Lot. Land devoted to the display of goods for sale, rent,
lease or trade where the goods are not enclosed within a building.
48. Parking Space. An area of at least 300 square feet, including access
and maneuvering area, to be used exclusively as a temporary storage
space for one private motor vehicle. Truck loading and unloading
space shall not be included in such area.
49.
Retail ,Business Uses. Stores and shops selling personal services
or goods over a counter. These include the following: antiques,
art and school supplies, auto accessories, bakeries, barber shop,
beauty parlor, bicycles, books and stationery, candy, cameras and
photographic supplies, carpet and rugs, catering establishments,
china and glassware, Christmas tree sales, clothes pressing, clothing
and costume rental, custom dressmaking, department stores and junior
department stores, drugs, dry goods, electrical and household
appliances, sales and repair, florist, food, furniture, furrier
shops, garden supplies, (year round operation only), gifts, hardware,
hats, hobby shops for retail of items to be assembled or used away
from the premises, household appliances, hotels and apartment hotels,
interior decorating, jewelry, including repair, laboratories, medical
and dental research and testing, laundry and dry cleaning pickup,
processing to be done elsewhere, laundromat, leather goods and
luggage, locksmith shops, musical instruments, office supply
equipment, optometrists, paint and wallpaper, phonograph records,
photography studios, service station, restaurant if no entertainment
or dancing is provided, shoes, sporting goods, tailoring, theater,
except open air drive-ins, tobacco, toys, variety stores, wearing
apparel and similar type uses.
50. Rooming House. Any dwelling in which more than three (3) persons
either individually or as families are housed or lodged for hire,
with or without meals. A boarding house or furnished room house
shall be deemed a rooming house.
51. Setback Building Line. A line back of the lot line that defines the
setback area in all yards.
53.
52. Signs. See Sign Ordinance Subdivision 27 for sign definitions.
Street. A public thoroughfare which has been dedicated or deeded
to the public and improved for public use.
Zoning Page 6
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Subdivision 5 and 6
54.
structure. Anything constructed or erected by man except for fences
or walls used as fences or decks eighteen (18) inches or less in
height.
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55.
Transportation Terminal. Truck, taxi, air, train, bus and mass
transit terminal and storage area, including motor freight (solid
and liquid) terminal, but only if accessory to a principal use
permitted in Industrial Districts.
56. Warehousing. The storage of materials or equipment wi thin an
enclosed building as a principal use including packing and crating.
57. Use. The purpose for which land or building is arranged, designed
or intended, or for which either land or a building is or may be
occupied or maintained.
58. Yard. An open space on a lot unoccupied and unobstructed from the
ground upward.
59. Yard, Front. An open unoccupied space on the same lot with a main
building, extending the full width of the lot and situated between
the front lot line and the front line of the building projected to
the sidelines of the lot.
60. Yard, Rear. An open, unoccupied space on the same lot with a main
building, between the rear line of the building and the rear line
of the lot and extending the full width of the lot.
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61.
Yard, Side. An open, unoccupied space on the same lot with the main
building situated between the building and the sideline of the lot
and extending from the front yard to the rear yard. Any lot line
not a rear line or a front line shall be deemed a lot line.
Subd. 5. ZONING/ESTABLISHMENT OF DISTRICTS
1. Use Districts Established. The city of Stillwater is hereby divided
into Use Districts as hereinafter provided.
2. Maps and Boundaries. The boundaries of these districts are hereby
established as shown on a map entitled "The Zoning Map of the City
of Stillwater" on file in the office of the Community Development
Director, which map, with all explanatory matter thereon, shall be
deemed to accompany, be and is hereby made a part of this ordinance
by reference.
Subd. 6. INTERPRETATION OF DISTRICT BOUNDARIES.
1. Where uncertainty exists with respect to the boundaries of any of
the districts, as shown on the Zoning Map, the following rules shall
apply:
a.
Where Boundaries Approximately Follow Streets, Alleys or
Highways. Where district boundaries are indicated as
approximately following the centerline or street line of
streets, the centerline or alley line of alleys or the
centerline or right-of-way line of highways, these lines shall
be construed to be the district boundaries.
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Zoning Page 7
Subdivision 6
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b.
Where Boundaries Parallel Street Lines, Alley Lines or Highway
Right-of-Way Lines. Where district boundaries are indicated
as approximately parallel to the centerline or street lines
of streets, the centerline or alley line of alleys or the
centerline or right-of-way lines of highways the district
boundaries shall be construed as being parallel thereto and
at a distance therefrom as indicated on the zoning map. If
no distance is given, the dimension shall be determined by the
use of the scale shown on the zoning map.
c. Where Boundaries Approximately Follow Lot Lines. Where
district boundaries are indicated as approximately following
lot lines, the lot lines shall be construed to be the
boundaries.
d. Where Boundaries Follow Railroad Lines. Where the boundary
of a district follows a railroad line, the boundary shall be
deemed to be located midway between the main tracks of the
railroad line.
e. Where the Boundary Follows a Body of Water. Where the boundary
of a district follows a stream, lake or other body of water,
the boundary line shall be construed to be at the limit of
the jurisdiction of the City, unless otherwise indicated.
f.
Submerged Areas Not Included in a District. All areas within
the corporate limits of the City which are under water and are
not shown as included within any district shall be subject to
all of the regulations of the district which immediately
adjoins the water area. If the water area adjoins two or more
districts, the boundaries of each district shall be construed
to extend into the water area in a straight line until they
meet the other district.
g. District Regulations Apply to Schools, Parks, Playgrounds and
Cemeteries. Any areas shown on the zoning map as park,
playground, school, cemetery, water, street or right-of-way
shall be subject to the zoning regulations of the district in
which they are located. In case of doubt, the zoning
regulations of the most restricted adjoining district shall
govern.
h. Where Property has not been Included in a District. In every
case where property has not been specifically included with
a district, or where territory has become part of the City by
annexations, the same shall be classed as previously zoned and
classified by use of the governmental unit prior to annexation.
i.
Vacation of Public Ways. Whenever any street or alley or other
public way is vacated in the manner authorized by law, the
zoning district adjoining each side of the street, alley or
public way shall be extended to the center of the vacation
and all area included in the vacation shall then be subject
to all regulations of the extended districts.
Zoning Page 8
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Subdivision 7 and 8
Subd. 7. APPLICATION OF REGULATIONS
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1.
Except as provided in this ordinance:
a. Conformity of Building and Land. No building, structure or
premises shall be used or occupied and no building or part
thereof or other structure shall be erected, raised, moved,
placed, reconstructed, extended, enlarged or altered, except
in conformity with the regulations specified for the district
in which is it located as shown on the zoning map.
b. Conformity of Buildings. No building, structure or premises
shall be erected, altered or used so as to produce greater
heights, smaller yards or less unoccupied area, and no building
shall be occupied by more families than prescribed for the
building, structure or premises for the district in which it
is located.
c. Conformity of Open Spaces. No yard or open space shall be
included as a part of the yard or open space required for any
other building, structure or dwelling.
Subd. 8. TRANSITION ZONING
1.
Lots in Two Districts. Where a district boundary line divides a lot
which is in single ownership and of record at the effective date of
this ordinance, the district requirements applying to the least
restricted portion of the lot shall be considered as extending to
the entire lot.
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2. Lots in Residential Zone Adjacent to Business or Industrial Zone.
A residentially zoned lot having a side yard adjacent to any
commercial or industrial district may be utilized in accordance with
the use requirements of the next least restricted residential zone,
provided that the area, height and other restrictions of the zone
district in which it is located are met.
3. Lots in Business or Industrial Districts Adjacent to a Residential
Zone. Where a lot in a business or industrial district abuts a lot
in a residential district, there shall be provided along the abutting
lines a yard equal in width or depth to that required in the
residential district.
4. Front Yard Transition. Where the frontage on one side of a street
between two intersecting streets is zoned partly as residential and
partly as business or industrial, the front yard depth in the
business or industrial district shall be equal to the required front
depth of the residential district.
5. Corner Lot Transi tion. On every corner lot in a residential
district, there shall be provided on the side street a side yard
equal in depth to the required front yard depth on the side street.
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6.
Parking Lots and Dr~veways Abutting Residential Districts. Whenever
a parking lot or driveway to a parking lot is established in other
than a residential district so as to abut the side or rear line of
a lot in a residential district, a solid masonry wall or a
Zoning Page 9
Subdivision 8 and 9
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substantial sightly fence not less than six (6) feet high and not
more than eight (8) feet high, shall be constructed and maintained
along the side or rear lot line up to, but not beyond, the setback
building line. In addition, in all use districts, the lighting, e
including any permitted illuminated sign, on any parking lot or
driveway shall be arranged so that there will be no annoying glare
directed or reflected toward a residence building or residential
districts.
7. Reversed Corner Lot Abutting Residential District. In the case of
a reversed corner lot where the rear of a lot in a commercial
district abuts upon the side of a lot on any residential district
there shall be a rear yard of not less then 25 feet, provided further
that where a public alley at least 25 feet in width separate the rear
of the lot in the commercial district and the side of the lot in the
residential district, no rear yard shall be required.
Subd. 9. NONCONFORMING USES.
The lawful use of any building, structure or land existing at the effective date
of this ordinance may be continued although the use does not conform with the
provisions hereof, provided the following conditions are met:
1. Alterations. A nonconforming building or structure may be altered,
improved or reconstructed provided the work does not exceed in
aggregate cost 50 percent of the replacement cost of the building
or structure at the time the alteration is proposed to be made.
2.
Extension. A nonconforming use shall not be extended to any portion
of a nonconforming building or structure.
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3. Changes. No nonconforming building, structure or use shall be
changed to another nonconforming use.
4. Construction Approved Prior to Ordinance. Nothing herein contained
shall require any change in plans, construction or designated use
of a building or structure for which a building permit has been
issued and the construction of which shall have been diligently
prosecuted and which entire building shall be completed according
to the plans as filed within one (1) year from the effective date
of this ordinance.
5. Restoration. Nothing in this ordinance shall prevent the
reconstruction, repa~r~ng, rebuilding and continued use of any
nonconforming building or structure damaged by fire, collapse,
explosion or Acts of God subsequent to the date hereof, provided the
expense of the work does not exceed 50 percent of the replacement
cost of the building or structure at the time the damage occurred.
6.
Wear and Tear. Nothing in this ordinance shall prevent the
reconstruction, repairing or rebuilding of a nonconforming building,
structure or part thereof existing at the effective date of this
ordinance, rendered necessary by wear and tear, deterioration or
depreciation, provided the cost of the work shall not exceed 50
percent of the replacement cost of the building or structure at the
time the work is done, nor prevent compliance with the provisions
of the Building Code relative to the maintenance of buildings or
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Zoning Page 10
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7.
Subdivision 9 and 10
structure.
Abandonment. A nonconforming use of a building or premises which
has been abandoned shall not thereafter be a lawful nonconforming
use. A nonconforming use shall be considered abandoned:
a. When the intent of the owner to discontinue the use if apparent
or one year after the use is discontinued.
b. When the characteristic equipment and the furnishings of the
nonconforming use have been removed from the premises and have
not been replaced by similar equipment within one year.
c. When it has been replaced by a conforming use.
d. When it has been changed to another use under permit from the
city Council.
8. Displacement. No nonconforming use shall be extended to displace
a conforming use.
9. Cessation - Junk and Wrecking Yards. No junk or automobile wrecking
yard, not within an enclosed masonry building and not within a heavy
industrial or unrestricted industrial district, shall be operated
or maintained for more than six months after a zoning change to a
use district within which such yard is not permitted.
10.
11.
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Unlawful Use Not Authorized. Nothing in this ordinance shall be
interpreted as authorization for or approval of the continuance of
the use of a building or premises in violation of zoning law.
Certificate of Nonconforming Use. At the effective date of this
ordinance, the building official shall issue a "Certificate of
Nonconforming Use" to all owners of property, the use of which does
not conform to the provision of the use zone in which the property
is located.
a. In accordance with the prOVlSlons of this section, no use of
land, buildings or structures shall be made other than as
specified in the "Certificate of Nonconforming Use" unless
the use shall be in conformity with the provisions of the use
zone in which the property is located.
b. A copy of each "Certificate of Nonconforming Use" shall be
kept on file in the office of the building inspector and no
permit or license shall be issued to any property for which
such a certificate has been issued until the permit or license
has been approved by the City Council.
12. District Changes. Whenever the boundaries of a district are changed
to transfer an area from one district to another district of a
different classification, the foregoing provisions shall also apply
to any use that becomes nonconforming thereby.
Subd. 10. USE DISTRICTS.
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The City is hereby divided into Use Districts which shall be known as follows:
1.
2.
3.
RA - One Family Districts
RB - Two Family Districts
RCL - Low Density Multiple Family Residence District
Zoning Page 11
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Subdivision 10 ar;J.d 11 ,
RCM - Medium Density Multiple Family Residence District
RCH - High Density Multiple Family Residence District
CA - General Commercial
CBD - Central Business District
PA - Public Administrative Office District
BP-C Business Park - Commercial District
BP-O Business Park - Office District
BP-I Business Park - Industrial
FP - Flood Plain Overlay District
BS - Bluffland/Shoreland OVerlay District
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Subd. 11. RA ONE FAMILY DISTRICTS.
1. Permitted Buildings and Uses. In a One Family District, the
following buildings and uses and their accessory buildings and uses
are permitted:
a. Dwelling houses, each occupied by not more than one family.
b. Parks and playgrounds.
2. Permitted Uses with Special Use Permits for the City Council. In
a One Family District, the following buildings and uses and their
accessory buildings and uses may be permitted by special use permit
from the City Council:
a. Hospitals, nursing homes and resthomes.
b.
Public and private primary and secondary schools including
accessory buildings and uses located upon property contiguous
to that occupied by the main building or buildings.
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c. Cemeteries.
d. Churches and other places of worship.
e. Within a main building, the office of a surgeon, physician,
clergymen, architect, engineer, attorney, similar professional
person or licensed personal service practitioner who resides
in the main building and employs in the office not more than
one nonresident office or laboratory assistant.
f. Other commercial uses found not to be objectionable to the
neighborhood in which they are proposed to located.
3. Accessory Uses. Uses and buildings incidental to permitted or
special permitted uses shall be subject to the following regulations:
a. The maximum lot coverage of all accessory buildings including
attached and detached private garages and other accessory
buildings shall be 1,000 square feet or 10 percent of the lot
area whichever is less.
b.
The total ground coverage of the accessory building or
buildings shall not exceed the ground coverage of the principal
building.
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c. No more than two accessory buildings, one private garage and
Zoning Page 12
Subdivision 11
one other accessory building, 120 square feet maximum, shall
be located on a residential premises.
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d.
An accessory building shall not be designed or used for human
habitation, business or industrial accessory use.
4. Development Regulations.
a. Area, Setbacks and Height Regulations:
PROVISION
SINGLE FAMILY
1. Maximum Building Height:
Main Building
2-1/2 stories and
35 feet
Accessory Building
1 story - 20 feet
2.
Minimum Lot Area
10,000 sq. feet.
3.
Minimum Lot Width
75 feet
4.
Minimum Lot Depth
100 feet
5.
Maximum Lot Coverage
30%
6. Minimum Yard Requirements:
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Front Yard
30 feet
Side Yard
10 feet
Corner Lot Street Side Yard
30 feet
Rear Yard
25 feet
7.
Frontage Requirements
At least 25 feet on
an improved public
street.
b. Exceptions:
1. Front Yard. Where a uniform front yard setback exists
which is less than 30 feet, any building or structure
hereafter erected, structurally altered or enlarged may
conform to the established setback but in no case a
setback of less than 20 feet be allowed.
2.
Front Yard. Where a uniform front yard setback does
not exist, the minimum required setback shall be the
average of the setback of the two adjacent main
buildings; or if there is only one adjacent main
building, the setback of the main building shall govern,
but in no case shall a setback less then 20 feet be
allowed or greater than 30 feet be required.
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Zoning Page 13
Subdivision 12
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3.
Corner Yard. For corner lots where the corner side yard
setback or front yard setback for the main building on
the adjacent lot on the same street is less than the
required setbacks, the corner lot setback for the
adjacent main building shall govern, but in no case shall
a setback of less than twenty feet be allowed.
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4. Side Yard. When there is an attached garage on one side
of the dwelling, the garage setback is 5 feet provided
that no habitable floor area is closer than 10 feet from
the property line and provided that the garage is a
minimum of 15 feet from the nearest structure on the
adjacent lot.
5. Side and Rear Yard. An accessory structure located
entirely in the side yard at least 6 feet from the main
building shall have a minimum side and rear yard setback
of 5 feet.
Subd. 12. RB TWO FAMILY DISTRICTS
1. Permitted Buildings and Uses. In a Two Family District the following
buildings and uses and their accessory buildings and uses are
permitted:
a. All buildings and uses permitted in a One Family District as
set forth in Subd. 11(1).
b.
Dwelling houses, each occupied by not more than two families.
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c. CUstomary home occupations carried on for gain in the main
building, provided that no nonresident help is employed for
the purpose, no more than 25 percent of the total floor space
of the building is used for the purpose, no articles offered
for sale shall be displayed so as to be visible from any street
and only articles made upon the premises shall be sold or
offered for sale thereon.
2. Permitted Uses with Special Use Permits from the City Council. In
a Two-Family District, the following buildings and uses and their
accessory buildings and uses may be permitted by special use permit
from the City Council:
a. All building and uses permitted by special permit in a One
Family District as set forth in Subd. 11(2).
b. Local retail businesses, of the "corner store" variety,
normally required for the daily needs of the residents of the
locality, such as establishments for sale of dairy products,
delicatessen, fruits, vegetables, groceries, meats and other
convenience items, provided that provision be made for loading
space.
c.
Multi-Family Dwellings.
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d.
Bed and Breakfast establishments.
SEE CHAPTER 31.01 SUBD.
Zoning Page 14
Subdivision 12
25(1)(f).
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3.
Accessory Uses. Uses and buildings incidental to permitted or
special permitted uses shall be subject to the following regulations:
a. The maximum lot coverage of all accessory buildings including
attached and detached private garages and other accessory
buildings shall be 1,000 square feet or 10 percent of the lot
area whichever is less.
b. The total ground coverage of the accessory building or
buildings shall not exceed the ground coverage of the principal
building.
c. No more than two accessory buildings, one private garage and
one other accessory buildings, 120 square feet maximum, shall
be located on a residential premises.
d. An accessory building shall not be designed or used for human
habitation, business or industrial accessory use.
4. Development Regulations:
a. Area, Setbacks and Height Regulations:
Single Family
Duplex
Multifamily
1. Maximum Building Height:
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Main Building
2-1/2 stories
and 35 feet
2-1/2 stories
and 35 feet
2-1/2 stories
and 35 feet
Accessory Building
1 story/20 feet
1 story/20 feet
1 story/20 feet
2.
Minimum Lot Area
Single Family
Minimum Lot area
per dwelling
7,500 sq. feet
10,000 sq. ft.
15,000 sq. ft.
7,500 sq. feet
5,000 sq. ft.
5,000 sq. ft.
3.
Minimum Lot Width
50 feet
75 feet
75 feet
4.
Minimum Lot Depth
100 feet
100 feet
100 feet
5.
Maximum Lot Coverage
30%
40%
40%
6. Minimum Yard Requirements:
Front Yard 30 feet 30 feet 30 feet
Side Yard 10 feet or 10% 10 feet 10 feet
of lot width
Corner Lot Street
Sideyard 30 feet 30 feet 30 feet
e Rear Yard 25 feet 25 feet 25 feet
7. Frontage Requirements For all buildings at least 35 feet of frontage on
an improved public street.
Zoning Page 15
Subdivisior,l 13
b. Exceptions:
1.
Front Yard. Where a uniform yard setback exists which
is less than 30 feet, any building or structure hereafter
erected, structurally altered or enlarged may conform
to the established setback but in no case shall a setback
less than 20 feet be allowed.
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2. Front Yard. Where a uniform front yard setback does not
exist, then the minimum required setback shall be the
average of the setback of the two adjacent main
buildings; or if there is only one (I) adjacent main
building, the setback of the main building shall govern,
but in no case shall a setback less then 20 feet or
greater than 30 feet be required.
3. Corner Yard. For corner lots where the corner side yard
setback or front yard setback for the main building on
the adjacent lot on the same street is less than the
required setbacks, then the corner lot side yard setback
for the proposed structure may conform to the setback
for the adjacent main building but in no case shall a
setback less than twenty feet be allowed.
4.
Side Yard. When there is an attached garage on one side
of the dwelling, the garage setback is 5 feet provided
that no habitable floor area is closer than 10 feet from
the property line and provided that the garage is a
minimum of 15 feet from the nearest structure on the
adjacent lot.
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5. Side and Rear Yard. An accessory structure located
entirely in the rear yard or located in the side yard
at least 6 feet from the main building shall have a
minimum side and rear yard setback of 5 feet.
Subd. 13. RCL - LOW DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICT.
1. Uses Permitted by Special Use Permit.
a. Townhouses, group or row houses.
b. Public education, religious and institutional buildings.
c. Bed and Breakfast establishments (see Chapter 31.01 Subd. 25
(l)(f)).
2. Accessory Uses.
a. Customary home occupations.
b. Off street parking and loading facilities.
c. Private Recreation Facilities.
3. Area Requirements.
a.
b.
Minimum Lot Area shall be 20,000 square feet.
Minimum Lot Area per dwelling unit shall be 7,000 square feet.
Maximum building height shall be 35 feet.
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c.
Zoning Page 16
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Subdivision 14
d. Minimum open space per dwelling unit shall be 1,500 square
feet.
4.
Recreation Facilities. Same as Subd. 15(4) of the Chapter.
5. Yard and Setback Requirements.
a.
b.
Front Yard
Side Yard
Rear Yard
35 feet
50 feet
50 feet
c.
d. Accessory buildings shall conform to the above requirements
for principal buildings.
e. No principal building may be constructed within 50 feet of
another.
6. Landscaping and Screening.
a. All sites when fully developed shall be completely graded so
as to adequately drain and dispose of all surface water, storm
water and ground water in such a manner as to preclude large
scale erosion and unwanted ponding.
b. All sites when fully developed shall be landscaped according
to a plan approved by the City Council. The landscaping plan
shall specify the size, type and location of all trees and
shrubbery and the location of all sodded areas.
c.
Parking areas containing four or more spaces which are adjacent
to or across the street from a residential district shall be
screened to a height of a least four feet by shrubbery, wood
or masonry materials.
Subd. 14. RCM - MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICT.
1. Uses permitted by Special Use Permit:
a. Multiple dwellings and condominiums containing three or more
dwelling units.
b. CUstomary home occupations.
c. Bed and Breakfast establishments. SEE CHAPTER 31.01 SECTION
25(1}(f}.
2. Accessory Uses.
a. Off street parking and loading facilities
b. Private recreation facilities.
3. Conditional Uses.
a.
One and two family dwellings
b. Public, educational, religious and institutional buildings.
Zoning Page 17
Subdivision 15
c. Rooming houses.
d.
Other commercial uses found to be objectionable to the
neighborhood in which they are proposed to be located.
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e. Retail business of a "corner store" nature.
4. Area Requirements.
a. Minimum lot area shall be 12,000 square feet.
b. Minimum lot area per dwelling unit shall be 2,800 square feet.
c. Maximum lot coverage shall be 30 percent.
d. Maximum Floor Area Ration (FAR) shall be .75.
e. Maximum building height shall be three (3) stories.
5. Yard and Setback Requirements:
a.
b.
Front Yard
Side Yard
Rear Yard
35 feet
20 feet
45 feet
c.
d. Accessory Buildings shall be required to maintain a front yard
at least 45 feet and side and rear setback of at least 10 feet.
e.
In cases where more than one principal building is located on
the same site no building may be constructed within 35 feet
of another.
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f. One and Two Family dwellings may be allowed to conform to the
(RB) District Yard requirements.
g. When the adjacent building or buildings are located with a
setback less than is required above, a multiple dwelling may
be permitted to be located up to the point of the lesser
setback requirement.
6. Recreation Facilities. There shall be 200 square feet per dwelling
unit or 10 percent of the gross project area, whichever is greater,
specifically designed, developed and maintained by the owner for
recreation purposes such as follows: Children's play apparatus,
swimming and wading pools, game areas, such as tennis and horseshoe
courts, picnicking and outdoor cooking facilities, etc. In addition,
the Council at is discretion may require that the developer provide
public park space according to the City Park Dedication requirements.
7. Landscaping and Screening. The same as set forth in Subd. 13(6},
RCL Low Density Multiple Family District
Subd. 15. RCH - HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICT.
1.
Purpose. The purpose of this section is to provide density
requirements for multiple dwellings to be built in the redevelopment
area of the City.
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Zoning Page 18
Subdivision 15
2. Area Requirements.
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a.
b.
c.
d.
Minimum lot area shall be 11,000 square feet.
Minimum lot area per dwelling unit shall be 1,500 square feet.
Maximum Floor Area Ration (FAR) shall be 1 to 2. Floor Area
Ratio is the numerical value obtained through dividing the
gross floor area of a building or buildings by the net area
of the lot or parcel of land on which such building or
buildings are located.
Maximum building height on any elevation shall not exceed 40
feet.
3. Yard and Setback Requirements.
a. Front Yard - Setback requirements shall be determined by
setbacks that exist on the two adjacent properties. If the
two adjacent properties do not have a common setback, then a
setback of a distance equal between the two setbacks shall be
required. A setback of at least 10 feet shall be maintained
at corner lots and where there is no adjacent structure.
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b.
Side Yard - A setback of at least twenty (20) feet shall be
maintained. A sideyard setback of zero (0) may be allowed if
no openings are in the side of the structure and the structure
abuts another structure with no openings. If this is the case,
the sidewall must be of fire wall standards required by the
Uniform Building Code. Side yard setbacks on a corner lot
shall conform to existing setbacks on the block or if no
setback exists, it shall be ten (10) feet.
c. Back Yard - A setback of a least twenty (20) feet shall be
maintained. A rear yard setback of zero (0) may be allowed
if no openings are in the rear of the structure and the
structure abuts another structure with no openings. If this
is the case, the rear wall must be of fire wall standards
required by the Uniform Building Code.
d. In cases where more than one principal building is located on
the same site, the following setbacks shall be required.
1. Walls containing windows shall not be closer than forty
(40) feet.
2. Walls that have no openings may be zero (0) feet apart
but must be of fire wall standards required by the
Uniform Building Code.
4. Recreation Facilities.
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a.
Ten (10) percent of the gross project area shall be
specifically designed, developed and maintained for
recreational purposes such as: Children I s play apparatus,
swimming and wading pools, game areas such as tennis and
horseshoe courts, picnicking and outdoor cooking facilities,
etc. In addition, the Council at its discretion may require
that the developer provide public park space according to the
Zoning Page 19
5.
Subdivision 16
City Park Dedication requirements.
Landscaping and Screening. The same as set forth in Subd. 13 (6) RCL
Low Density Multi Family District.
Subd. 16. CA - GENERAL COMMERCIAL DISTRICTS.
1. Permitted Buildings and Uses. In a General Commercial District the
following buildings and uses and their accessory buildings and uses
are permitted:
a.
b.
All lawful retail businesses, including supermarkets.
Manufacture of baked goods, provided not more than five persons
are employed in such business.
Department stores.
Establishment for the sale of china, floor covering, hardware,
furniture, household goods and appliances, paint, wallpaper,
materials and objects of interior decorating.
Establishments for the sale of books, magazines, newspapers,
tobacco products, drugs, flowers gifts, music, photographic
supplies, sporting goods, stationery and the like.
Eating places such as lunchrooms, restaurants and cafeterias
and places for the sale and consumption of soft drinks, juices,
ice cream and beverages of all kinds, but excluding "drive -
in" establishments.
Service establishments such as barber or beauty shops; custom
tailors; laundry agencies and self-service laundries;
laundries, shoe repair shops; dry cleaning, pressing or
tailoring shops; printing shops; radio and television stations;
telephone exchanges and the like.
Business and professional office and office buildings.
Hotels and motels.
Funeral homes and mortuaries.
Automotive sales, service and storage, excluding gasoline
filling stations.
Transportation stations and terminals.
Amusement and recreational establishments such as armories,
assembly halls, bowling alleys, dance halls, pool and billiard
parlors, skating rinks and other social, sport or recreational
centers operated as a business, provided the place or building
in which it is operated is sufficiently sound insulated to
effectively confine the noise to the premises.
Office display or sales space of a wholesale, jobbing or
distributing establishment not specifically mentioned as
permitted only in a less restricted district, in connection
with which not more than 25 percent of the floor area of the
building or part thereof occupied by said establishment is used
for making, assembling, remodeling, repair, altering, finishing
or refinishing its products or merchandise; and provided that:
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
1.
Any resulting cinders, dust, fumes, noise, odors, refuse
matter, smoke, vapor or vibration is effectively confined
to the premises.
The ground floor premises facing upon and visible from
a major street upon which the premises abut shall be used
only for entrances, office or display.
2.
Zoning Page 20
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Subdivision 17
o.
Any other building, use or service similar to those
hereinbefore listed in the type of services or goods sold, in
the number of persons or vehicles to be attracted to the
premises or in the effect upon adjacent areas.
Any accessory use customarily incident to a use authorized by
this Subdivision.
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p.
2. Permitted Uses on Special Permits from the City Council. In a
General Commercial District, the following buildings and uses and
their accessory buildings and uses may be permitted by special permit
from the City Council:
a. Manufacture of baked goods and laundries where more than five
persons are employed in the businesses.
b. Bottling works.
c. Carpet, bag and rug cleaning establishments.
d. Gasoline filling stations.
e. Residences of all classes.
f. other commercial or industrial uses found not to be
objectionable to the neighborhood in which it is proposed to
be located.
3. Development Regulations.
a. Front Yard. Requirements and exceptions same as in One-Family
Districts, Subd. 11 (4)(a)(6) of this Chapter.
b. Side yard.
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1.
Interior Lot Lines. When no openings are provided in
walls adjacent to interior lot lines, no side yard shall
be required; otherwise, there shall be a side yard of
not less than 4 feet.
2. Corner Lots. On corner lots there shall be a side yard
on the street side equivalent to 50% of the front yard
required on the adjacent lot fronting on the side street.
In no case, however, shall any side yard be less than
15 feet, (or 40 feet measured from the centerline of the
side street), whichever is greater.
3. Rear Yard. There shall be a rear yard of not less than
15 feet.
Subd. 17. CBD - CENTRAL BUSINESS DISTRICT.
1. PURPOSE: To provide a district for general community commercial,
office and entertainment uses.
2. PRINCIPAL PERMITTED USES AND BUILDINGS.
The following are permitted uses:
c.
d.
Administrative, executive and financial offices.
Medical and dental offices.
Business and technical schools.
Schools and studios for arts and crafts.
Photography, music and dance.
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a.
b.
Zoning Page 21
Subdivision, 17
e.
Professional, editorial, real estate, insurance and other
offices.
stores, shops, general retail and offices supplying commodities
and performing services for city residents and surrounding
communities, such as department stores, specialty and antique
shops, banks, business offices, and other financial institution
and personal services, enterprises such as barber and beauty
shops, laundry and clothes cleaning establishments.
Manufacturing of baked goods.
Establishments selling china, floor covering, hardware,
furniture, household goods and appliance, paint, wallpaper and
materials and objects of interior decorating.
Clubs and lodges.
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f.
g.
h.
i.
3. PERMITTED SPECIAL USE WITH SPECIAL USE PERMIT.
The following uses are permitted by Special Use Permit:
a.
b.
Commercial recreational uses.
Restaurants, cafes and other food service establishments.
Private parking facilities for more than five cars.
Temporary structures.
Commercial recreational entertainment.
Residences of all classifications.
Printing and publishing or lithographic shops.
Supermarkets.
Drive-in restaurants, eating places or any other use involving
a drive-in or drive-through activity.
Funeral homes and mortuaries.
Transportation stations, terminals and facilities.
Public utility transmission lines and facilities.
Outside eating establishments.
Outside entertainments. Commercial. *
Helipods.
Service stations or fuel sales.
Outside sales or special events.*
Hotels, motels or other uses providing visitor overnight
accommodations.
Clean light industrial compatibility with surrounding areas.
Outside storage. (All outside storage shall be screened by
a solid wall or fence and landscaping for public view.)
It
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
*
These uses may be approved directly by the City Council if
the event is a one time special event not occurring on a
regular basis.
4. USE DETERMINATION:
A Special Use Permit may be required when any other use or service
establishment determined by the Planning Commission to be the same
general character as the foregoing uses and which will not impair
the present or potential use of adjacent properties may be permitted.
5. GENERAL REGULATIONS:
-
a.
Height of buildings:
Maximum
Minimum
4 stories
2 stories
50 feet
25 fe:t
Zoning Page 22
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Subdivision 18
Infill
within 10% of height
of adjacent building.
b.
10,000 square feet.
Minimum lot area
c. Setbacks:
Front
Rear
Side
15 feet
20 feet
20 total for two
sides (10' - 10' or
0-20')
80% of lot area
Lot coverage
Landscaped area
minimum
20% of lot area
.
d.
Area minimum 20% of lot area
The front and corner sideyard setbacks
shall be landscaped.
Landscaping
e. Exceptions: For infilllots, the front, side and rear setback
may be similar to the setback for the adjacent buildings.
Subd. 18. PA - PUBLIC ADMINISTRATIVE OFFICES DISTRICT.
1. PURPOSE: To provide a district for public, semi-public uses and
offices.
2.
PRINCIPAL PERMITTED BUILDINGS AND USES. In the Public Administrative
Office District, the following buildings and uses and their accessory
buildings and uses are permitted:
a. Administrative offices.
b. Medical offices.
c. Group daycare.
d. Schools - public, private, business and technical, studios for
arts, crafts, photography, music and dance.
e. Public uses - library, post office.
f. Churches and other places of worship.
3. PERMITTED USES BY SPECIAL USE PERMIT. In the Public and
Administrative Office District, the following buildings and uses,
and their accessory buildings and uses may be permitted by Special
Use Permit.
a. Single family, duplex and multi-family residential uses subject
to RCM regulations.
b. Hospitals, convalescent hospitals and nursing homes.
4. USE DETERMINATION. Any other use or service establishment determined
by the Ci ty Council to be of the same general character as the
foregoing uses and which will not impair the present or potential
use of adjacent properties may be permitted by Special Use Permit.
5.
GENERAL REGULATIONS.
a.
Height of building - maximum:
Principal building use
2 stories
35 feet
Zoning Page 23
Suboivision 19
Accessory building
1 story
20 feet
b.
Minimum lot area:
10,000 square feet
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c.
Setbacks:
Front
Rear
Side
Corner side
30 feet
25 feet
20 feet
20 feet
d. Additional requirements:
All parking areas for three or more cars adjacent to
residentially zoned land shall be setback a minimum of ten feet
and landscaped to screen the parking area from the
residentially zoned land.
Subd. 19. BP-C BUSINESS PARK COMMERCIAL DISTRICT.
1. PURPOSE: To provide a district for general community commercial and
office uses.
2. PERMITTED USES:
a.
b.
Wholesale trade.
Retail - general merchandise.
Specialty retail.
Food - retail.
Eating and drinking places and cafes.
Finance, insurance and real estate office services.
Personal services such as dry cleaning and beauty salons.
Business, professional and medical office services.
Fast food outlets.
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c.
d.
e.
f.
g.
h.
i.
3. SPECIAL PERMITTED USES: The following uses are permitted by Special
Use Permit:
a. Retail trade not previously specified.
b. Cultural facilities such as theatres, libraries, art galleries
and theatres.
c. Auto repair and related services.
d. Daycare facilities, including preschools.
e. Hotel/motel.
f. Outside sales areas.
g. Drive through business.
h. Commercial nurseries.
4. USE DETERMINATION:
A Special Use Permi t may be granted for other uses or service
determined to be of the same general character as the foregoing uses
and which will not impair the present or potential use of adjacent
properties. The findings of "same general character" shall be made
by the Planning Commission and the Special Use Permit approved and
issued by the Council. 4It
Zoning Page 24
Subdivision 20
5. GENERAL REGULATIONS:
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a.
b.
c.
Height of buildings maximum
Minimum lot area
Setbacks:
40 feet
1/2 acre
Front
Rear
Side
Abutting residential district
40 feet
30 feet
20 feet
75 feet
d. Lot area coverage maximum impervious 60% of lot area
e. Landscaping area, minimum 2~ of lot area
f. Front and sideyard setbacks shall be landscaped.
6. DESIGN REGULATIONS:
a. See West Business Park Plan Special Site and Design Guidelines
pages 18 - 20.
Subd. 20. BP-O BUSINESS PARK OFFICE DISTRICT
1. PURPOSE: To provide a district for office uses.
2. PERMITTED USES:
The following are permitted uses:
a.
b.
Business, professional and medical office services.
Finance, insurance and real estate office services.
Research facilities.
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c.
3. SPECIAL PERMITTED USES:
The following uses are permitted by Special Use Permit.
a. Governmental and educational institutions.
b. Daycare facilities, including preschool.
c. Wholesale trade.
d. Retail - general merchandise.
e. Eating and drinking places and cafes.
f. CUltural facilities (theatres, libraries, museums, art
galleries, etc.)
g. Warehousing and inside storage.
4. USE DETERMINATION:
A Special Use Permit may be granted for other uses or service
determined to be of the same general character as the foregoing uses
and which will not impair the present or potential use of adjacent
properties. The finding of "same general character" shall be made
by the Planning Commission and Special Use Permit approved and issued
by the Council.
5. GENERAL REGULATIONS:
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a.
b.
c.
Height of buildings maximum
Minimum lot area
Setbacks:
40 feet
1 acre
Front
40 feet
Zoning Page 25
Subdivision 21
d.
Rear
Side
Abutting residential district
Lot area coverage maximum impervious
Landscaping area, minimum
Front and sideyard setbacks shall be
30 feet
20 feet
75 feet
60% of lot area
20% of lot area
landscaped.
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e.
f.
6. DESIGN REGULATIONS:
a. See West Business Park Plan Special Sites and Design Guidelines
pages 18 - 20.
Subd. 21. BP- I - BUSINESS PARK INDUSTRIAL DISTRICT.
1. PURPOSE: To provide a district for light industrial and off ice uses.
2. PERMITTED USES:
The following are permitted uses:
a. Limited manufacturing conducting a process, fabrication,
storage or manufacturing of light materials including
electronic components and accessories.
b. Automotive painting, upholstering, tire recapping and major
repair when conducted completely in an enclosed building.
c. Research laboratories.
d. Business, professional and medical office services.
e. Finance, insurance and real estate office services.
3.
SPECIAL PERMITTED USES:
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a. Radio and television facilities.
b. Printing, publishing and allied industries.
c. General warehousing and outside storage.
d. Outside storage (must be screened).
e. Mini-storage.
f. Wholesale trade.
g. Commercial nurseries.
h. Retail sales of products manufactured on site so long as no
more than twenty percent of building floor area is for retain
purposes.
i. Cultural or governmental facilities (movie theatre, libraries,
fire stations).
4. USE DETERMINATION:
A Special Use Permit may be granted for other uses determined to be
of the same general character as the foregoing uses and which will
not impair the present or potential use of adjacent properties. The
findings of "same general character" shall be made by the Planning
Commission and the Special Use Permit approved and issued by the
council.
5. GENERAL REGULATIONS.
a.
Height of building
Maximum
40 feet
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Zoning Page 26
Subdivision 22
b.
Minimum lot area
1 acre
d.
Setbacks:
Front
Rear
Side
Abutting residential district
Lot area coverage maximum impervious
Landscaped area, minimum
Front and sideyard setbacks shall be
40 feet
30 feet
20 feet
75 feet
60% of lot area
20% of lot area
landscaped.
c.
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f.
6. DESIGN REGULATIONS:
a. See West Business Park Plan Special Site and Design Regulations
pages 18 - 20.
Subd. 22.
FLOOD PLAIN OVERLAY DISTRICT
Flood Plain Control
1.
Area. The Flood Plan Overlay District shall consist of all lands
within the jurisdiction of the City of Stillwater shown on the Flood
Insurance Rate Maps (dated February 1, 1984) prepared by the
Department of Housing and Urban Development with designated Zone A
or numbered Zone A areas. Said maps shall be on file in the office
of the city clerk. The Flood Insurance Study for the City of
Stillwater prepared by the Federal Insurance Administration dated
February 1, 1984 and the water surface profiles and flood boundaries
and flood maps therein are hereby made a part of the official zoning
map and this ordinance.
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2. Where interpretation is needed as to the exact location of flood
plain boundaries, for example where there appears to be a conflict
between a mapped boundary and actual field conditions, the Ci ty
Council shall make the necessary interpretation based on elevations
on the regional (100 year) flood profile and other available data.
Persons contesting the location of the boundaries shall be given a
reasonable opportunity to present their case to the City Council and
to submit technical evidence.
3. Scope. Within the Flood Plain Overlay District, in addition to
adhering to all requirements as prescribed herein, all structures
constructed or altered to the extent of greater than fifty percent
(50%) of their current market value shall be required to adhere to
the zoning requirements relating to nonconforming uses and
prescribing permitted uses and area requirements for the lot on which
they are located.
4. Definitions. Unless specifically defined below, 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.
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a.
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.
Zoning Page 27
Subdivision 22
b.
Flood. A temporary increase in the flow or stage of a stream
or in the stage of a lake that results in the inundation of
normally dry ares.
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c. Flood Fringe. That portion of the flood plain outside of the
floodway. Flood fringe is synonymous with the term "floodways
fringe" used in the Flood Insurance study for Stillwater.
On the st. Croix River, the Flood Fringe includes the flood
plain area between the ordinary high water mark of the river
and the outer limits of the flood plain.
d. Flood Plain. The areas adjoining a watercourse which have been
or hereafter may be covered by a regional flood.
e. 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 damage.
f. Floodway. The channel of the water course and those portions
of the adjoining flood plain which are reasonably required to
carry and discharge the regional flood.
g.
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 the Flood Insurance study.
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h. Regulatory Flood Protection Elevation. The Regulatory Flood
Protection Elevation shall be an elevation no lower than one
foot above the elevation caused by encroachments on the flood
plain that result from designation of a floodway.
5. General. All structures hereafter constructed within the Flood Plain
Overlay District shall be required to adhere to standard flood-
proofing techniques and practices as required herein, by the state
of Minnesota Department of Natural Resources and by the u.s. Army
Corps of Engineers up to the Flood Protection Elevation. The Flood
Protection Elevation is that point not less than one (1) foot above
the water surface profile associated with a regional flood, plus any
increases in flood stages attributable to encroachment upon the flood
plain as defined.
6.
Flood Proofing. Where flood proofing is incorporated into new
buildings or structures and into alterations or additions to existing
nonconforming structures, flood proofing measures shall be provided
to the Flood Protection Elevation and designed to withstand flood
velocities, depths, durations, forces and any other factors
associated with the regional flood. A plan or document certified
by a registered professional engineer or architect that the flood
proofing measures are adequately designed to withstand regional flood
conditions shall be submitted to the City for approval before
authorization is granted for the proposed work. Authorized flood
proofing measures shall include such provisions as the anchorage of
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Zoning Page 28
Subdivision 22
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structures to prevent floatation, the installation of watertight
barriers over openings, the reinforcement of walls to resist water
pressures, the use of material to reduce wall seepage, the
construction or modification of water supply and waste disposal
systems to prevent entry of flood waters, the placement of essential
utilities above the flood protection elevation and subsurface
drainage.
Electrical and heating equipment within these structures shall be
at or above the flood protection elevation for the site or shall be
adequately flood proofed.
7. Establishment of Zoning District.
1. The flood plain areas within the jurisdiction of this chapter
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 in the Flood Insurance
study.
b. Flood Fringe District. The Flood Fringe District shall
include those areas designated as floodway fringe in the
Flood Insurance study as defined in Subd. 3 of this
section.
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c.
General Flood Plain District. The General Flood Plain
District shall include those areas designated as
unnumbered A Zones on the Flood Insurance Rate Map.
2. The boundaries of these districts shall be shown on the
Official Zoning Map. Within these districts all uses not
allowed as Permitted Uses or permissible as Conditional Uses
shall be prohibited.
8. Floodway District (FW).
1. Permitted Uses. The following uses have a flood damage
potential and do not obstruct flood flows. These uses shall
be permitted within the floodway district to the extent that
they area not prohibited by any other ordinance and provided
they do not require structures, fill or storage of materials
or equipment. In addition, no use shall adversely affect the
capacity of the channels or floodways or any tributary to the
main stream or of any drainage ditch or any other drainage
facility or system.
a. Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming and wild crop harvesting.
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b.
Industrial-Commercial uses such as loading areas, parking
areas and airport landing strips.
c. Private and public recreational uses such as golf
Zoning Page 29
SubdivisioI}. 22
courses, tennis courts driving ranges, archery ranges,
picnic grounds, boat launching ramps, swimming areas,
parks, wildlife and nature preserves, target ranges, trap
and skeet ranges, hunting and fishing areas, and single ~
or multiple purpose recreational trails.
2. Condi tional Uses. The following open spaces uses require
accessory structure (temporary or permanent) or fill or storage
of materials or equipment. These uses may be permitted in
the floodway district only after the issuance of a Conditional
use Permit. These uses are also subject to the provisions of
Section 3, Standards for Floodway Conditional Uses below which
applies to all floodway conditional uses.
a. Structures accessary to open space uses.
b. Placement of fill.
c. Extraction of sand, gravel and other materials.
d. Marinas, boat rentals, docks, piers, wharves and water
control structures.
e. Railroads, streets, bridges, utility transmission lines
and pipelines.
f. Storage yards for equipment, machinery or materials.
g. Other uses similar to nature to uses described in
Sections 1 and 2 above which are consistent with the
provision set out in this section.
3. Standards for Floodway Conditional Uses.
a.
All Uses. No structures (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 which, acting
alone or in combination with existing or reasonably
anticipated future uses, adversely affects the capacity
of the floodway or increase flood heights. In addition,
all floodway Conditional Uses shall be subject to the
following standards.
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b. Fill.
1. Any fill deposited in the floodway shall be no
more than the minimum amount necessary to conduct
a Conditional Use listed in Section 2 Conditional
Uses above. Generally, fill shall be limited to
that needed to grade or landscape for that use and
shall not in any way obstruct the flow of flood
waters.
2. Spoil from dredging or sand and gravel operation
shall not be deposited in the floodway unless it
can be done in accordance with (1) of this section.
3.
Fill shall be protected from erosion by vegetative
cover.
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c. Accessory Structures (temporary or permanent) permitted
as Conditional Uses by No. 8(2)(a) Conditional Uses
Zoning Page 30
above.
1.
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Subdivision 22
Accessory structures shall not be designed for
human habitation.
2. Accessory structures, if permi tted, shall be
constructed and placed on the building site so as
to offer the minimum obstruction to the flow of
flood waters.
a. Whenever possible, structures shall be
constructed with the longitudinal axis
parallel to the direction of flood flow, and
b. So far as practicable, structures shall be
placed approximately on the same flood flow
lines as those of adjoining structures.
3. Accessory structures shall be flood proofed in
accordance with the state Building Code.
4. Storage of materials and equipment.
a. The storage or processing of material 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.
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5.
Structural Works for Flood Control. Levees, dikes
and floodwalls shall not be constructed within the
limits of the floodway district. Other structural
works for flood control such as dams and channel
enlargements that will change the course, current
or cross-section of public water shall be subject
to the provisions of Minnesota Statutes, Chapter
105.
9. Flood Fringe District (FF).
1. Permitted Uses. The following uses shall be permitted
uses within the flood fringe district to the extent that
they are prohibited by any other ordinances:
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a.
b.
Any use permitted as Floodway Permitted Uses.
Accessory structures provided they comply with the
standards for Floodway Conditional Uses (c).
Residences and other structures constructed on fill
so that the basement floor or first floor, if there
is no basement, is at or above the regulatory flood
protection elevation. The finished fill elevation
shall be no lower than one (I) foot below the
regulatory flood protection elevation and shall
extend at such elevation at least fifteen (15) feet
beyond the limits of any structure or building
erected thereon. Fill shall be compacted and the
slopes shall be protected by rip-rap or vegetative
c.
Zoning Page 31
SubdivisioI} 22
covering. Residences constructed on fill shall
be subject to the vehicular access requirements
described in the standards for Flood Fringe Uses
(c) below. No use shall be permitted which will ~
adversely affect the capacity of the channels or
floodways of any tributary to the main stream or
of any drainage ditch or any other drainage
facility or system.
2. Conditional Uses. other uses are permitted only upon
application to the Community Development Director and
the issuance of a Conditional Use Permit as subject to
the following provisions:
a. Nonresidential structures. Commercial
manufacturing and industrial structures shall
ordinarily be elevated on fill so that their first
floor, including the basement, is above the
regulatory elevation, but may in special
circumstances be flood proofed in accordance with
the state Building Code. structures that are not
elevated to above the regulatory flood protection
elevation shall be flood proofed to FP-1 or FP-2
classification as defined by the state Building
Code. structures flood proofed to FP-3 or FP-4
classification and flood proofing by the use of
dams, dikes and levees shall not be permitted.
3.
standards for Flood Fringe Uses.
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a. Residential Uses. Residence that do not have
vehicular access at or above an elevation not more
than two feet below the regulatory flood protection
elevation shall not be permitted unless granted
a variance by the Board of Adjustment. In granting
a variance the Board shall specify limitations on
the period of use or occupancy of the residence.
b. 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 are would inundate to
a depth greater than two feet or be subject to
flood velocities greater than four feet per second
upon occurrence of the regional flood.
c.
Manufacturing and Industrial Uses. Measure shall
be taken to minimize interference with normal plant
operation 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 (b.)
above. In considering permit applications, due
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Zoning Page 32
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10.
11.
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Subdivision 22
consideration shall be given to needs of an
industry whose business requires that it be located
in flood plain areas.
General Flood Plain District.
1. Permitted Uses. Permitted uses shall include those permitted
as floodway permits uses.
2. Conditional Uses. All other uses are Conditional Uses and are
permitted only upon the issuance of a special permit. The
General Flood Plain District includes the entire flood plain
and does not differentiate between those areas that are
floodway and those areas that are flood fringe. Because of
this, The Planning Commission shall determine whether the
proposed use is in the floodway or flood fringe using
procedures established for evaluation proposed conditional uses
within the General Flood Plain District (12) below. If it is
determined that the proposed use lies in the flood fringe, the
provisions of the Flood Fringe Regulations shall be used to
regulate the project.
Subdivision of Land.
No Land shall be subdivided which is held unsuitable by the Planning
Commission for reason of flooding, inadequate drainage, water supply
or sewage treatment facilities. All lots within the flood plain
districts shall contain a building site at or above the regulatory
flood protection elevation. All subdivisions shall have water and
sewage disposal 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. In the General Flood Plain District,
applicants shall provide the information required in No. 13 of this
section below. The Planning Commission shall evaluate the section
in accordance with procedures established in No. 13 below.
12.
Mobile Homes and Mobile Home Parks.
1. New mobile home parks and expansions due to existing mobile
home parks shall be subject to the provisions placed on by No.
11, Subdivision of Land, above.
2. Mobile homes in existing mobile home parks that are located
in flood plain districts are nonconforming uses and may be
replaced only if in compliance with the following conditions:
a.
b.
The mobile home lies in the flood fringe district.
The mobile home is anchored with tie downs that comply
with requirements of Minnesota Regulations MOH 450.
The mobile home owner or renter is notified that the
mobile home site lies in the flood plain and may be
subject to flooding.
The mobile home park owner develops a flood emergency
plan consistent with the time available after a flood
warning. The plan shall be filed with and approved by
the Planning Commission.
c.
d.
Zoning Page 33
Subdivision 22
3.
Individual mobile homes not located in mobile home parks may
be permitted if allowed by other applicable ordinances and if
they comply with the provisions of Flood Fringe District
Permitted Uses Section (c) requirements.
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13. Procedures for Evaluating Proposed Conditional Uses within the
General Flood Plain District.
1. Upon receipt of an application for a Conditional Use Permit
for a use within the General Plain District, the applicant
shall be required to furnish such of the following information
as is deemed necessary by the Planning Commission for the
determination of the regulatory flood protection elevation and
whether the proposed use is within the floodway for flood
fringe.
a. A typical valley cross-section showing the channel of
the stream, elevation of land areas adjoining each side
of the channel, cross-sectional areas to be 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; size, location and spatial arrangement of
all proposed and existing structures on the site;
location and elevations of streets; photographs showing
existing land uses and vegetation upstream and downstream
and soil types.
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c. 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. One copy of the above information shall be transmitted to a
designated engineer or other expert person or agency for
technical assistance in determining whether the proposed use
is in the floodway or flood fringe and to determine the
regulatory flood protection elevation. Procedures consistent
with Minnesota Regulations NR 86-87 shall be followed in the
is expert evaluation. 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 over bank areas.
c. Compute the floodway necessary to convey the regional
flood without increasing flood stage more than 0.5 feet.
An equal degree of encroachment of both sides of the
stream within the reach shall be assumed in computing
floodway boundaries.
3.
Based upon the technical evaluation of the designated rmgineer
or expert, the Planning Commission shall determine whether the
proposed use is in the floodway or flood fringe to.!;"':. th~
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Zoning Page 34
Subdivision 22
regulatory flood protection elevation at the site.
.
14.
Factors Upon which the Decisions of the Planning Commission shall
be Based.
1. In passing upon Conditional Use applications, the Planning
Commission shall consider all relevant factors specified in
other sections of this ordinance and
a. The danger to life and property due to increased flood
heights or velocities caused by encroachments.
b. The danger that materials may be swept onto other lands
or downstream to the injury of others.
c. The proposed water supply and sanitation systems and the
ability of these 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.
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g.
The availability of alternative locations not subject
to flooding for the proposed use.
h. The compatibility of the proposed use with the existing
development and development anticipated in the
foreseeable future.
i. The relationship of the proposed use to the comprehensive
plan and flood plain management program for the area.
j. The safety of access to the property in times of flood
for ordinary and emergency vehicles.
k. The expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters expected at
the site.
1. Such other factors which are relevant to the purpose of
this section.
15. Nonconforming Uses.
1.
A structure or the use of a structure or premises which was
lawful before the passage or amendment of this section but
which is not in conformity with the provisions of this section
my be continued subject to the following conditions:
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a. No such use shall be expanded, changed, enlarged or
Zoning Page 35
Subdivision 22
altered in a way which increases its nonconformity.
b.
No structural alteration or addition to any nonconforming
structure over the life of the structure shall exceed
50 percent of its current market value unless the entire
structure is permanently changed to a conforming use or
unless the alteration or addition would substantially
reduce potential flood damages for the entire structure.
c. Any alteration or addition to a nonconforming use which
would result in substantially increasing the flood damage
potential of that use shall be flood proofed in
accordance with the state Building Code.
16. Administration.
Community Development Director shall administer and enforce this
section. If he finds a violation of the provisions of this section
he shall notify the person responsible for such violation, indicating
the nature of the violation and ordering the action necessary to
correct it.
17. Use Permit.
1.
Use Permit Required. A use permit issued by the Community
Developemnt Director in conformity with the provisions of this
section shall be secured prior to the erection, addition 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 change or extension of a nonconforming use; and
prior to the placement of fill or excavation of materials
within the flood plain.
2. Application for Use Permit. Application for a Use Permit shall
be made in duplicate to the Community Development Director on
forms furnished by him 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 Use Permit or
processing an application for a Conditional Use Permit or
Variance, the Community Development Director 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
permi t the use or occupancy of any building or premises or part
thereof hereafter created, erected, changed, converted, altered
or enlarged in its use of structure until a Certificate of
Zoning Compliance shall have been issued by the Community
Development Director stating that the use of the building or
land conforms to the requirements of this section. Where a
nonconforming use of structure is extended or substantially
Zoning Page 36
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Subdivision 22
altered, the Certificate of Zoning Compliance shall
specifically state the manner in which the nonconforming
structure or use differs from the provisions of this section.
5.
Construction and Use to be as Provided in Application, Plans,
Permits and Certificate of Zoning Compliance. Use Permits,
Conditional Use Permits or Certificates of Zoning Compliance
issued on the basis of approved plans and applications
authorized only the use, arrangement and construction set forth
in such approved plans and applications and no other use,
arrangement or construction. The application shall be required
to submit certification by a registered professional engineer,
registered architect or registered land surveyor that the
finished f ill and building elevations were accomplished in
compliance with the provisions of this section. Flood-proofing
measures shall be certified by a registered professional
engineer or registered architect.
6.
Record of First Floor Elevation. The Community Development
Director shall maintain a record of the elevation of the first
floor (including basement) of all new structures or additional
to existing structures in the flood plain districts. He shall
also maintain a record of the elevations to which structures
or additions to structures are flood-proofed.
17 . Variances.
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1.
No variance shall have the effect of allowing in the flood
plain district uses prohibited in that district, permit lower
degree of flood protection that the regulatory flood protection
elevation for the particular area or permit .standards lower
that those required by state law.
2. Copies of applications for proposed variances and conditional
uses shall be submitted by mail to the Commissioner of Natural
Resources sufficiently in advance to the Commissioner will
receive at least ten (10) days notice of hearings on the
applications. A copy of all decisions granting variances or
conditional use permits shall be forwarded by mail to the
Commissioner of Natural Resources within ten (10) days of such
action.
18. The flood plain designation shall not be removed from flood plain
areas unless it can be shown the designation is an error or the areas
has been filled to or above the elevation of the regional flood is
contiguous to lands outside the flood plain. All amendments to this
section must be submitted to and approved by the Commissioner of
Natural Resources and the Office of Federal Insurance and Hazard
Mitigation prior to adoption.
19. Any firm, person or corporation who violates any of the provisions
of these regulations shall be guilty of a misdemeanor.
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Zoning Page 37
Subdivision 23
Subd. 23. BLUFFLAND/SHORELAND OVERLAY DISTRICT REGULATIONS.
1.
Purpose.
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a. Designating suitable land use districts along the bluffland
and shore land of the Lower st. Croix River.
b. Regulating the area of a lot and the length of bluff land and
water lot frontage suitable for building sites.
c. Regulating the setback of structures and sani tary waste
treatment facilities from blufflines to protect the existing
and/or natural scenic values, vegetation, soils, water and
bedrock from disruption by manmade structures or facilities.
d. Regulating the setback of structure and sanitary waste
treatment facilities from shorelines to protect the natural
scenic value, flood plain and water quality.
e. Regulating alterations of the natural vegetation and
topography.
f.
Conserving and protecting the natural scenic values, historical
and cultural resources of the river valley and maintaining a
high standard of environmental quality consistent with the
National Scenic Rivers Act (PL 90-542 and Lower st. Croix Act
(PL 90-560) and Master Plan and with Minnesota Department of
Natural Resources Standards and Criteria for the Lower st.
Croix National Scenic Riverway (Minnesota Rules Part 6105.0351
to 6105.0550).
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2. Definitions.
a. Construction.
1. In the event of conflicting prOVlSlons in the text of
this section and/or other sections, the more restrictive
provision shall apply. The Community Development
Director shall determine which is more "restrictive".
Appeals from such determination may be made to the City
Council.
2. Words used in the present tense include the past and
future tense; the singular number includes the plural
and the plural includes the singular; the word "shall"
is mandatory, the word "may" is permissive.
3. The provisions of this section are in addition to and
not in replacement of other provisions of the Zoning
Ordinance. Any provisions of the Zoning Ordinance
relating to Lower St. Croix Riverway shall remain in full
force and effect except as they may be contrary to the
provisions of this section.
4.
Unless otherwise specified, all distances shall be
measured horizontally.
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Zoning Page 38
Subdivision 23
b. Def ini tions. For the purpose of this section, certain phrases
and words are hereby defined as follows:
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1.
"Accessory Use" means use subordinate to and serving the
principal use on the same lot and customarily incidental
thereto.
2. "Appurtenance" means a structure subordinate to and
serving the principal structure on the same lot and
customarily incidental thereto such as garages, decks,
essential services, signs, docks and stairways and lifts,
except that appurtenance does not include private water
supply and sewage and waste disposal systems below the
ground.
3.
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"Bluffline, Riverway" means a line along the top of a
slope in the Riverway District connecting the points at
which the slope, proceeding away from the river or
adjoining watershed channel, becomes less than 12 percent
and it only includes slopes greater than 12 percent
visible from the river or any water course tributary to
the river. The location of the bluffline for any
particular property shall be certified by a registered
land surveyor or the Community Development Director.
More than one bluffline may be encountered proceeding
away from the river or adjoining watershed channel. All
setbacks required herein shall be applicable to each
bluffline.
d.
"Building Line" means a line measured across the width
of the lot at the point where the principal structure
is placed in accordance with setback provisions.
e. "Channel" means a natural or artificial depression of
perceptible extent with a definite bed and banks to
confine and conduct flowing water either continuously
or periodically.
f. "Commissioner" means the Commissioner of Natural
Resources.
g. "Conservancy" means the practice or implementation of
policies for the protection and preservation of the
natural character of lands for their value to scenic
enjoyment, wildlife, water and soil conservation, flood
plain management, forestry and other such purposes.
h. "Dwelling Unit" means a residential accommodation which
is arranged, designed, used or intended for use
exclusively as living quarters for one family.
i.
"Harbor" means a portion of body of water along or
landward of the natural shoreline deep enough for
recreational watercraft navigation and so situated with
respect to shoreline features as to provide protection
from winds, waves, ice and currents. Natural harbors
consist of bays and estuaries, while artificial harbors
Zoning Page 39
Subdivision 23
are constructed by dredging.
j.
"Marina" means an area of concentrated small craft
mooring, where ancillary facilities may be provided for
some or all of such services as fueling, sewage pump out,
boat launching, boat repair and boat storage; except that
marina does not mean temporary docks associated with
riparian residential development if the mooring area is
of a size not to exceed the resource limitations of the
site and the needs of the residents of the development.
k. "Nonconforming Uses" means any use of land legally
established before the effective date of this Riverway
Bluffland/Shoreland Section which does not conform to
the zoning district use regulations.
1. "Ordinary High Water Mark" means a mark delineating the
highest water level which has been maintained for a
sufficient period of time to leave evidence upon the
landscape. The ordinary high water mark is commonly that
point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial. In
ares where the ordinary high water mark is not evident,
setbacks shall be measured from the stream bank of the
following water bodies that have permanent flow or open
water; the main channel, adjoining side channels,
backwaters and sloughs.
m.
"Riverway Boundary" means a legally described line
delineating the landward extent of the st. Croix Riverway
subject to these regulations.
n. "Scenic Easement" means an interest in land, less than
fee title, that limits the use of the land for the
purpose of protecting the scenic, recreational and
natural characteristics of areas in the st. Croix
Riverway. Unless otherwise expressly and specifically
provided by mutual agreement of the parties, the easement
shall be; perpetually held for the benefit of the people
of Minnesota; specifically enforceable by its holder or
any benef iciary; and binding on the holder of the
servient estate, his heirs, successors or assigns.
Unless specifically provided by the parties, no such
easement shall give the holder or any beneficiary the
right to enter on the land expect for enforcement of
easement.
o. "Screening" means existing or planted vegetation or
topography which makes any structure on any property
visually inconspicuous in summer months as viewed from
the river.
p.
"Setback" means the minimum horizontal distance between
the part of a structure and the ordinary high water mark
or a bluffline. In areas where the ordinary high water
mark is not evident, setbacks shall be measure from the
stream bank of the following water bodies that have
Zoning Page 40
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Subdivision 23
permanent flow or open water: the main channel,
adjoining side channels, backwaters and sloughs.
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q.
"Slopell means all land between the ordinary high water
mark and the riverway boundary having an angle of ascent
or descent of more then 12 percent from the horizontal.
r.
liSt. Croix Riverwayll means all lands and public
within the riverway boundary subject to
regulations.
waters
these
s. "structurell means any building or appurtenance thereto,
including garages, decks, docks and stairways, except
transmission services.
t. "Substandard Structure II means any structure legally
established before the effective date of the Bluffland
and Shore land Ordinance which does not meet the structure
setbacks or other dimensional standards of the ordinance.
u. "Variance" means any modification or variation of the
dimensional standards, or other requirements of the
Bluffland and Shore land Ordinance where it is determined
that, because of hardships, strict enforcement of the
ordinance is impractical.
v.
"Visually Inconspicuous" means difficult to see or not
readily noticeable in summer months as viewed from the
river.
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w. "Water coursell means a channel in which a flow of water
occurs wither continuously or intermittently. THe term
applied to either natural or artificially constructed
channels.
x. "Wetlands II means land which is annually subject to
periodic or continual inundation by water and commonly
referred to as a bog, swamp, marsh or slough.
3. Designation of Districts.
1. For the purpose of protecting the natural resources and natural
scenic values of the land within the boundaries of the Lower
st. Croix Riverway the following districts shall be
established:
2. The boundaries of the Lower st. Croix Riverway and the urban
district with sewer and water service and urban district
without sewer and water include all of the land riverward of
the legally described Riverway boundary contained in the
official copy of the Lower st. Croix National Scenic Riverway
National Master Plan and as shown on the map designated as
Riverway Boundary, IIExhibit All as part of the Zoning Map.
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3.
The boundaries of the Lower st. Croix Riverway zoning districts
are designated on the map marked as the Riverway Boundary
"Exhibit A" and attached hereto and made a part of the City
Zoning Page 41
Subdivisiol'i 23
of Stillwater official zoning map.
4.
Use Standards.
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1. Purpose. The purpose of establishing standards for uses in
the St. Croix Riverway shall be to protect and preserve
existing natural, scenic and recreational values, to maintain
proper relationships between various land use types.
2. Permitted Uses. All structures associated with the following
uses are permitted in the st. Croix Riverway subject to the
dimensional requirements of the Bluffland/Shoreland Ordinance.
a. Conservancy
b. Agriculture
c. Single family residential
d. Government highway waysides, rest areas,
information areas, parks and scenic overlooks
e. Government resource management and interpretive
activities.
3. Accessory uses in General. All appurtenances associated with
and customarily incidental to permitted uses.
4. Conditional Uses.
1.
Conditional uses are uses which normally are not
permitted in the urban districts of the st. Croix
Riverway unless it is determined by the City Council,
after a public hearing, that the proposed use shall:
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a. Preserve the scenic and recreational resources of
the st. Croix Riverway, especially in regard to
the view from and use of the river.
b. Maintain safe and healthful conditions.
c. Limit erosion potential of the site base con degree
and direction of slope, soil type and vegetative
cover.
2.
Conditional
dimensional
standards:
uses
and
must
other
meet, in addition to the
requirements, the following
a. The proposed use is consistent with the City
Comprehensive and Area Plan and complimentary to
the existing and adjacent land uses.
b. The side and front setback requirements of the
local zoning ordinance.
c.
A parking layout and site plan which provides on-
site or off-street parking spaces for all employees
of the project, an exclusive area for leasing docks
where required by local ordinance and off-street
customer parking spaces as required by local
ordinance.
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Zoning Page 42
Subdivision 23
d.
On-site grading and surface water run-off plan
for the site which minimizes soil erosion and
degrading of surface water quality.
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e. A landscaping plan for the si te is illustrated
which minimizes the visual impact of the proposed
project as viewed from the river and which visually
screens all parking areas from the river. The
applicant shall provide the Community with a
performance bond for the cost of all landscaping
to insure compliance with the landscaping plans.
f. The project meets all zoning and subdivision
requirements.
g. The proj ect requires no alteration or f ill of the
shoreline, bluffland or floodway.
h. No lighted or flashing signs shall face riverward.
3. The following listed Urban District Conditional USes are
considered Conditional Uses:
a. All lawful businesses, including supermarkets.
b. Manufacture of baked goods, provided not more than
five persons are employed in such business.
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c.
Department stores.
d. Establishment for the sale of china, floor
covering, hardware, furniture, household goods and
appliances, paint, wallpaper, materials and objects
of interior decorating.
e. Establishment for the sale of books, magazines,
newspapers, tobacco products, drugs, flowers,
gifts, music, photographic supplies, sporting
goods, stationery and the like.
f. Eating places such as lunchrooms, restaurants and
cafeterias and places for the sale and consumption
of soft drinks, juices, ice cream and beverages
of all kinds, but excluding "drive-in"
establishments.
g. Service establishments such as barber or beauty
shops; custom tailors, laundry agencies and self
service laundries; laundries, shoe repair shops;
dry cleaning, pressing or tailoring shops; printing
shops; radio and television stations; telephone
exchanges and the like.
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h.
Business and professional offices and office
buildings.
i. Hotels and motels.
Zoning Page 43
5.
Subdivision 23
j. Funeral homes and mortuaries.
k.
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Automotive sale, services and storage excluding
gasoline filling stations.
1. Transportation stations and terminals.
m. Amusement and recreational establishments such as
armories, assembly halls, bowling alleys, dance
halls, pool and billiard parlors, skating rinks
and other social, sport or recreational centers
operated as a business, provided the place or
building in which it is operated is sufficiently
sound-insulated to effectively confine the noise
to the premises.
n. Marinas subject to the requirements of No. 12 of
this section.
o.
Office display or sales space of a wholesale
jobbing or distribution establishment not
specifically mentioned as permitted only in a less
restricted district, in connection with which not
more than 25 percent of the floor area of the
building, or part thereof, occupied by said
establishment is used for making, assembling,
remodeling, repairing, al tering, finishing or
refinishing its products or merchandise; and
provided that:
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1. Any resulting cinders, dust, fumes, noise,
odors, refuse matters, smoke, vapor or
vibration is effectively confined to the
premises.
2.
The ground floor premises facing upon
visible from a major street upon which
premises abut shall be used only
entrances, office or display.
and
the
for
p. Any other building, use or service similar to those
hereinbefore listed in the type of services or
goods sold, in the number of persons or vehicles
to be attracted to the premises or in the effect
upon adjacent areas.
q. Any accessory use customarily incident to a use
authorized by this section.
Prohibited Uses.
districts:
The following uses shall be prohibited in all
1.
2.
3.
4.
Sand and gravel operations;
Junkyards;
Mobile home parks;
Downhill ski areas;
--
Zoning Page 44
Subdivision 23
5. Advertising sign visible from the river; and
6. All uses not authorized in this Bluffland/Shoreland Section.
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Non Conforming Uses. Prohibited uses legally in existence prior to
the effective date of adoption of the Riverway Bluffland Shore land
Section are nonconforming uses. Such uses can be maintained but
shall not be enlarged or expanded.
6.
7. Dimensional Standards and other Requirements.
1. Purpose. The purpose of establishing dimensional standards
and criteria in the st. Croix Riverway shall be to protect
riverway lands by means of acreage, frontage, setback height
requirements on development. Specif ic obj ecti ves shall be to
maintain the aesthetic integrity of the st. Croix Riverway's
dominant natural setting, to reduce the adverse effect of
poorly planned shore land and bluffland development, to provide
sufficient space on lots for sanitary facilities, to minimize
flood damage, to prevent pollution of surface and ground water,
to minimize soil erosion and to provide a natural buffer
between the river and developed areas.
2. Minimum Dimensional Requirements.
a. The following chart sets forth the minimum area, setbacks
and other dimensional requirements of each district:
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1. Minimum lot size above ordinary high water mark
2. Lot width at building setback line
3. Lot width at water line
4. Structure setback from ordinary high water mark
5. Structure setback from bluffline
6. On site sewage treatment system setback from
ordinary high water mark
7. On site sewage treatment system setback from
bluffline
8. Maximum structure height
9. Maximum total lot area covered by impervious
surface
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10. On slopes less than 12%, the controlled
vegetative cutting areas setback are from:
Zoning Page 45
Urban
District
without Urban District
Sewer & with Public
Water Sewer & Water
1 acre 20,000 sq. ft.
150 ft. 100 ft.
150 ft. 100 ft.
100 ft. 100 ft.
40 ft. 40 ft.
100 ft.
40 ft.
35 ft. 35 ft.
20% (8,700 20% (4,000
sq. ft. ) sq. ft. )
SubdivisioT} 23
Ordinary high water mark
100 ft.
100 ft.
Blufflines
40 ft.
40 ft.
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3. Other Requirements:
a. Slopes. Structures shall not be permitted on slopes
greater than 12 percent, with the exception of stairways
and lifts. The physical alteration of slopes shall not
be permitted for the purpose of overcoming this
limitation.
b. Flood Plain. New structures shall meet the floodway
requirements as defined in the Flood Plain Section (Subd.
22) of the Zoning Ordinance.
c. Color of Structures. The exterior color of new
structures, including roofs, shall be of earth or summer
vegetation tones, unless completely screened form the
river by topography.
d. Sewage Disposal. Shall meet all requirement or No. 11.
e. Vegetative CUtting:
1.
Permit required. On lands 100 feet of the ordinary
high water mark and forty feet landward of
blufflines and on slopes greater than 12 percent
there shall be no vegetative cutting of live trees
or shrubs without a permit. A permit may be issued
only if:
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a. The cutting, including topping, involves
trees less than six inches in diameter at
breast height.
b. The cutting, including topping involves
vegetation which is not screening any
structure from view from the river.
c. The essential character, quality and density
of existing growths is preserved and
continuous canopy cover is maintained.
d. The trees or trees diseased and their removal
is in the public interest.
e. The cutting is necessary for the maintenance
of transportation lines or utility rights-
of-way.
2.
Permit not required. A vegetative cutting permit
is not required for the following; however, the
vegetative cutting shall be accomplished in such
a manner that the essential character, quality and
density of existing growths is preserved and
continuous canopy cover is maintained as viewed
from the river:
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a. Clearing the minimum area necessary for a
Zoning Page 46
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b.
c.
Subdivision 23
structure, sewage disposal system and pr i vate
road and parking area, undertaken pursuant
to a validly issued building permit.
Maintenance trimming or pruning on any
particular property or in transportation or
utility rights-of way.
Vegetative cutting in areas of the ST. Croix
Ri verway not covered under subpart. 4,
provided that the cutting, including topping,
involved vegetation which is not screening
any structure from view from the river.
f. Grading and Filling.
1. Grading, filling, excavating or otherwise changing
the topography landward of the ordinary high
watermark shall not be conducted without a permit
from the local authority. A permit may be issued
only if:
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a.
Slopes greater than 12 percent are not
altered where erosion and visual scars may
result.
Earth moving, erosion, vegetative cutting,
draining or filling of wetlands and the
destruction of natural amenities is
minimized.
The smallest amount of ground is exposed for
as short a time as feasible.
During construction, temporary ground cover,
such as mulch, is used and permanent ground
cover, such as sod, is planted.
Temporary and permanent methods to prevent
erosion and trap sediment are employed.
Fill is stabilized to accept engineering
standards.
b.
c.
d.
e.
f.
2 . Permit not Required. A separate grading and
filling permit is no required for grading, filling
or excavating the minimum area necessary for a
structure, sewage disposal system and private road
and parking area undertaken pursuant to a validly
issued building permit. However, the standards
and criteria of subpart 2 shall be required as
conditions of the building permit.
8. Exception of the minimum setback requirements include the following:
Where a substandard setback pattern from the ordinary high
water mark or a bluffline has already been established by
existing principal dwelling unit structures on adjacent lots
on both sides of the proposed building site, the setback of
the proposed structure shall be the average setback of the
existing dwelling units plus at least 40 feet, or the required
minimum setbacks of the underlying zoning districts, whichever
distance is less from the average setback line. This exception
shall apply only to substandard lots which do not meet the
1.
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Zoning Page 47
9.
SubdivisioR 23
minimum lot width requirements of No. 7 above.
2.
Development subject to state permits which provide services
to the public and which, by their nature, require location on
or near public waters shall be subject to the conditions of
the state permits as provided in parts Minnesota Rules Part
6105.0390 and 6105.0410 to 6105.0440.
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3. Temporary docks may be allowed as approved by federal, state
and local governments to extend into the water the minimum
distance necessary to facilitate the launching or mooring of
watercraft during the open water season.
4. Signs may be allowed as approved by federal, state and local
governments which are necessary for the public health and
safety. Signs may also be allowed that indicate areas that
are available or not available for public use. outside the
minimum setbacks with the st. Croix Riverway, signs that are
otherwise lawful are permitted, provided they will be visually
inconspicuous in summer months as viewed from the river.
5. Stairways and lifts to enable access from bluffland properties
to the water on steep slopes may be allowed by the local
authority, provided the disruption of vegetation and topography
is kept to a minimum and the structure will be visually
inconspicuous in the summer months as viewed from the river.
Substandard Lots. Lots recorded in the office of the County Register
of Deeds prior to May 1, 1974, that do not meet the requirements of
No. 7 above may be allowed as building sites when:
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a. The proposed use is permitted in the zoning districts.
b. The lot has been in separate ownership from abutting lands
since May 1, 1974.
c. It can be demonstrated that a proper and adequate sewage
disposal system can be installed in accordance with the
provision of No. 11.
d. The dimensional standards of the Bluffland and Shore land
Section are complied with to the greatest extent practicable.
10. Substandard Structures. All structures legally in existence prior
to the effective date of adoption of the Bluffland Shoreland
Subdivision that do not meet the structure or sewage treatment system
setbacks requirements or other dimensional standards of the ordinance
are considered substandard structures and shall be subject to the
following conditions:
a.
Substandard structures that contain nonconforming uses shall
not be enlarged or expanded.
Substandard structures and substandard sanitary facilities
shall be allowed to continue.
In no instance shall the extent to which a structure or
sanitary facility violates a setback standard be increased.
An extension, enlargement or alteration of an existing
substandard structure may be permitted on the side of the
structure or facility facing away from the river or bluffline.
An alteration or expansion of a substandard structure which
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b.
c.
d.
e.
Zoning Page 48
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f.
g.
Subdivision 23
increases the horizontal or vertical riverward building face
shall not be allowed unless it can be demonstrated that the
structure will be visually inconspicuous in summer months as
viewed from the river as determined by the City COuncil after
a public hearing.
Exterior decks attached to the structure which do not extend
any roof or foundation, may be permitted to extend laterally
(parallel to the river or bluffline) at the same setback as
the substandard structure if said deck is visually
inconspicuous in summer months as viewed from the river and
the deck has no roof or building foundation.
If a substandard structure needs replacing due to destruction,
deterioration or obsolescence, such replacement shall comply
with the dimensional standards of this subdivision.
11. Sewage Disposal. Any premises intended for human occupancy must be
provided with an adequate method of sewage disposal subject to the
following items:
tit
a.
Public collection and treatment facilities must be used where
available and where feasible.
Where public or municipal facilities are not available, all
on site individual sewer disposal systems shall conform to the
minimum standards as set forth in Regulations of the Department
of Health and Minnesota Pollution Control Agency.
A septic tank/drain field system shall be the only acceptable
system for installation unless it can be demonstrated that this
system is not feasible on the particular lot in question and
it can be demonstrated that the system, being proposed as an
alternative will not cause a pollution problem.
No person, firm or corporation shall install, alter, repair
or extend any individual sewer disposal system without first
obtaining a permit from the Community Development Director for
the specific installation, alteration, repair or extension.
b.
c.
d.
12. Marinas.
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a. New and or expanded marinas may only be allowed.
1. Between the Boomsite Highway Wayside and the City of
Stillwater.
2. Downstream from the northern City limits of Stillwater
in urban districts.
b. New marinas shall meet the design standards of Natural
Resources Regulations including Minnesota Rules Part 6105.0410,
Subpart 2.
c. Permi t requirements. No construction or development associated
with a marina shall begin until all of the following
authorizations have been obtained by the applicant.
1.
2.
Marinas shall be a Conditional Use in this subdivision.
For uses and structures above the ordinary high water
mark associated with a marina, a public hearing shall
be held by the City Council to consider a marina as a
conditional use in accordance with Department of Natural
Zoning Page 49
SubdivisioQ 23
Resources Regulations including Minnestoa Rules Part
6105.0530. The city Council may approve or deny the
marina on said standards of the Department of Natural ...
Resources. If the governing body approves the marina, ~
final issuance of the local permit shall be conditioned
upon granting of all state and federal permits required
by the Department of Natural Resources including
Minnesota Rules Park 6105.0410.
13. Alterations of Public Waters.
a. Changing the course, current or cross section of public waters
shall require state and federal permits as specified in
Minnesota Rules Part 6105.0420 before any local permits may
be issued.
14. Transmission Services.
a. A permit from the Commissioner is required pursuant to
Minnesota statutes, Sections 84.415 or 105.42 before
transmission services may cross state-owned lands or public
waters and shall be in accordance with the Natural Resources
Regulations including Minnesota Rules Part 6105.0430.
15. Public Roads.
a.
A permit from the Commissioner of Natural Resources is required
before construction, reconstruction, removal or abandonment
of any road or railroad crossing of public waters within the
Riverway. Said permit shall be in accordance with the Natural
Resources Regulations Minnesota Rules Part 6105.0440.
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16. Subdivisions.
a. Land Suitability.
1. No land shall be subdivided which is found by the
governing body to be unsuitable for reason of flooding,
inadequate drainage, soil and rock formations with severe
limitation for development, severe erosion potential,
unfavorable topography, inadequate water supply or sewer
disposal capabilities or any other feature likely to be
harmful to the health, safety or welfare of the future
residents of the proposed subdivision or the community.
The City Council in applying the provisions of this
section shall in writing cite the particular features
upon which it bases its conclusions that the land is not
suitable for the proposed use and afford the subdivider
an opportunity to present evidence regarding such
suitability at a public hearing. Thereafter, the
governing body may affirm, modify or withdraw its
determination of unsuitability.
b.
Preliminary Plans.
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1.
Preliminary plans for all plats,
cluster developments shall be
including planned
approved by the
Zoning Page 50
Subdivision 23
Commissioner or his agent in writing prior to preliminary
approval by the City Council.
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2.
All subdivisions shall comply with the
provisions of the City of Stillwater
Ordinance No. 492 as amended.
applicable
Subdivision
c. Planned Cluster Developments.
1. A pattern. of subdivision development which places
dwelling units into compact groupings may be allowed when
the proposed clustering provides a better means of
preserving agricultural land, open space, woods, scenic
views, wetlands and other features of the natural
environment than traditional subdivision development.
Except for minimum setbacks and height limits, altered
dimensional standards may be allowed as exceptions to
this section for planned cluster developments, provided:
a. In urban districts of this section and only where
public sewer and water will be installed in the
proposed cluster development, the number of
dwelling units shall not exceed 50 percent more
than the total number of dwelling units allowed
if the development was based on the minimum lot
size requirements for single family residential
subdivision.
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b.
Open space shall be preserved. At least 50 percent
of the length of shoreland or bluffland frontage
as viewed from the river shall be kept in its
natural state.
c. Temporary docks, if allowed, shall be centralized
and of a size not to exceed the needs of the
residents of the development.
17. Administration.
1. Administrative Procedure.
a. In addition to the applicable administrative procedures
set forth in City Code 31.01, Subdivision 27 of the
Zoning Ordinance, the following procedures shall be
implemented with respect to land, subject to this
ordinance:
1. A public hearing shall be held for all zoning
district amendments, zoning text amendments,
conditional use permits, planned unit developments,
subdivisions and variances.
2.
No less than 20 days prior to the public hearing,
the Communi ty Development Director shall send
notice and copies of the applicants information
as specified in Section 17(6) below to the
following agencies for review and comment:
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Zoning Page 51
Subdivision 23
a.
b.
Department of Natural Resources.
Minnesota/Wisconsin Boundary Area
Commission.
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b. The applicant for any permit requlrJ.ng a public hearing
shall submit to the Community Development Director at
least 30 days prior to such hearing, an abstractors
certificate showing the names and addresses of all
property owners within 350 feet of the affected property,
and any local governments, within two miles of the
affected property. This requirement does not apply to
amendments to the text of the Riverway Bluffland
Shoreland Ordinance.
c. Notice of the purpose, time and place of such public
hearing shall be mailed to all property owners and local
governments listed in Subd. 17(17)(B) at least ten days
prior to the date of the hearing.
d. Notice of the purpose, time and place of any such public
hearing shall be published in the official newspaper of
the affected communities at least ten days prior to the
date of the hearing.
2. Certification of the Commissioner of Natural Resources.
a.
Before any zoning district ordinance amendment or
variance becomes effective, the governing body shall
forward the decision to the Commissioner. The
Commissioner shall certify in writing that the proposed
action complies with the intent of the Wild and Scenic
Rivers Acts and the Master Plan for the Lower St. Croix
River within 30 days of receipt of final decision on the
manner specified in Department of Natural Resources
Regulations Minnesota Rules Part 6105.0540.
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3. Forwarding a Final Decision.
a. The city clerk shall forward decisions within 10 days
of final action on all conditional use permits, planned
unit developments and subdivisions to the Commissioner
of Natural Resources.
4. Permit Process.
st. Croix Riverway Ordinance
Permits District
Urban District
Building Permits
LP
Septic Permits
LP
Grading Permits
LP
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Tree CUtting Permits
LP
Zoning Page 52
Variances
Subdivision 23
PH - WA - FD
PH - WA - FD
PH - WA - CC
PH - WA - FD
PH - WA - CC
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Conditional Use Permits
Amendments to Riverway Bluffland Shore land
Ordinance
Amendments to District Boundary
Plats and Cluster Developments
LP _ Permit issued by the local authority in accordance with this Ordinance and
all other local permits.
CC _ Certification by the Commissioner of Natural Resources prior to final local
approval.
PH _ Public Hearing necessary by the local authority g1v1ng 20 days notice of
meeting to the Commissioner of Natural Resources and other agencies listed in
Subd. 17 ( 1)( B) .
FD _ Local authority forwards any decisions to the Commissioner of Natural
Resources within the 10 days after taking final action.
WA _ The Commissioner of Natural Resources shall submit, after notice of public
hearing and before the local authority gives preliminary approval, a written
review and approval of the project.
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5.
Variances.
a. Variances shall only be granted where there are
particular hardships which make the strict enforcement
of this ordinance impractical. Hardship means the
proposed use of the property and associated structures
in question cannot be established under the conditions
allowed by this ordinance, the plight of the landowner
is due to circumstances unique to his property, not
created by the landowners after May 1, 1974; and the
variance, if granted, will not alter the essential
character of the locality. Economic considerations alone
shall not constitute a hardship for the reasonable use
of the property and associated structures under the
conditions allowed by this ordinance. In addition, no
variance shall be granted that would permit any use that
is prohibited in this ordinance in which the subject
property is located. Conditions may be imposed in the
granting of a variance to insure compliance and to
protect adjacent properties and the public interest,
especially in regard to the view from the river.
b. The public hearing for a variance shall be held by the
Planning Commission and City Council set forth in the
Zoning Ordinance.
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6.
Requirements of the Applicant for a Public Hearing.
a. The applicant shall submit sufficient copies of the
following information and additional information as
Zoning Page 53
Subdivisiora 23
requested to The Community Development Director 30 days
prior to the public hearing on the application for a
conditional use, variance, planned unit development or ~
subdivision. ..
1. Plat of survey showing the property location,
boundaries, dimensions, elevations, blufflines,
utility and roadway corridors, the ordinary high
water mark, floodway and floodplain.
2. The most recent aerial photo of the property with
property lines drawn in.
3. Location of existing and proposed structures
including height and setback dimensions.
4. Locating of existing and proposed alterations of
vegetation and topography.
5. Adjoining water oriented and other uses.
6.
Suitability of the area for on site waste disposal.
Type, size and location of the system shall be
indicated. If a public or municipal wastewater
collection and treatment system is to be utilized,
the applicant must submit a written agreement from
the City indicating that the system has the
capacity to handel the development.
tit
7.
An estimate of permanent and transient residents.
7. Factors to be considered:
a. When considering a conditional use permit, variance,
subdivision, proposal or zoning amendment within the
Bluffland Shoreland District, the city shall address the
following items in making its decisions:
1. Preserving the scenic and recreational resources
of th st. Croix Riverway, especially in regard to
the view from and use of the river.
2. The maintenance of safe and healthful conditions.
3. The prevention and control of water pollution,
including sedimentation.
4. The location of the site with respect to floodways,
slopes and blufflines.
5. The erosion potential of the site based on degree
and direction of slope, soil type and vegetative
cover.
6.
Potential impact on game and fish habitat.
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7. Location of the site with respect to existing or
Zoning Page 54
Subdivision 23
future access roads.
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8.
The amount of wastes to be generated and the
adequacy of the proposed disposal system.
9. The anticipated demand for police, fire, medical
and school services and facilities.
10. The compatibility of the proposed development with
uses on adjacent land.
18. Enforcement.
1. Enforcement.
a. It is declared unlawful for any person to violate any
of the terms and provisions of this subdivision.
Violation thereof shall be a misdemeanor. Each day that
a violation is permitted to exist shall constitute a
separate offense.
b.
In the event of a violation or a threatened violation
of this subdivision, the City Council, or the
Commissioner of Natural Resources, in addition to other
remedies, may institute appropriate actions or
proceedings to prevent, restrain, correct or abate such
violations or threatened violation sand it is the duty
of the City Attorney or State Attorney General, to
institute such action.
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2. Separability.
a. It is hereby declared to be the intention that the
several provisions of this subdivision are separable in
accordance with the following:
1. If any court of competent jurisdiction shall
adjudge any provision of this subdivision to be
invalid, such judgment shall not affect any other
provisions of this subdivision not specifically
included in said judgment.
2. If any court of competent jurisdiction shall
adjudge invalid the application of any portion of
this subdivision 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.
3.
Nothing contained in this subdivision repeals or
amends any subdivision requiring a permit or
license to engage in any business or occupation.
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Zoning Page 55
Subdivision 24
Subd. 24. PLANNED UNIT DEVELOPMENTS.
1.
General. Certain officially approved Planned Unit Development (PUD)
within the City may be excluded from certain area standards of the
Zoning Ordinance and the Subdivision Ordinance of the city provided
that they conform with the provisions and the intent of this Planned
Unit Development Section. In case of a conflict between the
provisions of this ordinance and other provisions of the Zoning or
Subdivision Ordinances, the provisions of the Planned Unit
Development shall govern.
2.
Purpose.
The purpose of a PUD is to provide for a means of:
a. Ensuring variety, innovation and flexibility in the development
of land and its improvements.
b. Allowing a mixture of uses in an integrated and well planned
area to aid in providing a better living environment.
c. Allowed for flexibility in group building development wherein
the relationship is between building and building or building
and site, rather than between building and property lines, as
is the case in mono-structural development.
d. Preserving natural spots of beauty, open space and recreation
areas.
3. Requirements.
a. Land to be improved as a PUD shall be:
1.
2.
3.
at least three (3) acres in size, or
at least one (1) complete City block in size, or
shall have a density in excess of 25 dwelling units per
acre, or
shall, when fully developed, contain upon it at least
two (2) principal buildings.
4.
b. Smaller lots may be improved as PUD's if they:
1. are adjacent to or across the street from property which
already has been approved for a PUD,
2. contain unusual physical features, or
3. are of special historical interest.
c. Lots under separate ownership meeting the above requirements
may be considered eligible for a PUD permit if a plan is
submitted for the entire area and if financial accountability
can be provided and shown for all aspects of the plan.
d. Permitted uses in a Residential PUD shall include detached,
semi-detached, attached, clustered or multi-storied dwelling
unit structures, or any combination thereof, and any
nonresidential use designed to serve the residents of the PUD
and of the vicinity, but which is not deemed to be
objectionable by conventional standards.
e.
Permitted uses in nonresidential PUD shall be limited to those
permitted either specifically or by Special Use Permit in the
zoning district in which the proposed PUD is to be located.
Zoning Page 56
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Subdivision 24
f.
Aggregate density of structures and building heights on
privately or commonly owned property shall not exceed the
limits imposed by the zoning district in which these structures
would normally be located.
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g. Copies of all covenants and easements relating to the
provision, use and maintenance of common open space shall be
filed with the Community Development Director and the
requirements of these shall be held to be legally binding upon
all who are a party to them. When a corporation is formed to
maintain space or facilities, the City shall be empowered to
abate any nuisance resulting from the lack of maintenance and
shall have the authority to assess the cost of the abatement
of the nuisance to all property owners holding membership in
the corporation.
h. The PUD project shall be designed and developed to harmonize
wi th both existing and proposed development in the area
surrounding the site and with the City's Comprehensive Land
Use Plan.
i. Land shall be dedicated to the City of Stillwater for
recreation or other open space purposes consistent with the
standards and criteria contained in the adopted Park Dedication
Policy.
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j.
All public utilities and communications transmission facilities
shall be installed underground.
k. A building setback from property which is adjacent to the PUD
site and which is zoned or being used for a less intensive use
shall be at least equal to twice the proposed building's
height.
1. Landscaping shall be provided according to a plan approved by
the City Council; said plan shall include a detailed planting
list.
m. All private streets, sidewalks and parking areas shall be built
and maintained in accordance with City standards and
specifications.
4. Submission Requirements. The following information shall be
presented for review in accordance with the procedures outlined in
Subd. 24(5) and Subd. 24(6) below:
a. A certified plot plan (1:100 or larger) showing all information
required by the Subdivision Ordinance.
b. A vertical aerial photograph of the site at a scale of 1:200
or larger.
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c.
The legal description of the property.
d. The nature of the applicant's financial interest in the land
to be developed and the proposed methods of interim and long
Zoning Page 57
Subdivisiolil 24
term financing to the project.
e.
A statement describing ultimate density of the proposed
development and the expected impact upon the stillwater School
District.
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f. Schematic drawing and/or maps of the proposed development area,
including street layouts and lot size and locations.
g. Proposed approximate allocations of land use expressed as a
percentage of the total and in acres. Uses to be indicated
shall include:
1. streets, both public and private, and other
transportation facilities.
2. Open space, both public and private.
3. Commercial Uses.
4. Industrial Uses.
5. A stratification of residential use in terms of number
of single family detached, single family attached and
multiple family dwellings.
h. A certified map ( 1: 100 or larger) of the existing site
conditions, which shall include a minimum:
1.
2.
3.
4.
5.
6.
General topographic features.
Location and extent of tree cover.
Slope analysis.
Location and extent of swamps, wetlands and streams.
Significant rock outcroppings.
Existing drainage patterns and ponding areas.
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i. A general development site plan (1:100 or larger) indicating
all circulation elements, pedestrian and vehicular, all natural
open space, recreational space, structures, landscaping, fences
and other on-site improvement features as required.
j. A certified utilities plan, indicating street lighting, storm
drainage ponding, runoff and disposal facilities and the
placement of water, sewer and electrical, communications and
gas underground facilities.
k. A staging plan for any project involving more than one year's
construction time.
1. Tables and graphs indicating the gross square footage of
commercial or industrial floor space by specific type of
activity and the number of residential dwelling units by the
number of bedrooms.
m. Preliminary architectural plans, indicting the floor plans,
elevations and exterior wall finishes of all proposed
buildings.
n.
The plan for solid waste disposal which meets Pollution Control
Agency requirements.
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Zoning Page 58
Subdivision 24
o. Fire fighting and other public safety facilities and procedures
as required.
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p.
Any additional information including, but not limited to, an
economic benefit analysis if either of such is considered
necessary by the applicant or required by with the Planning
Commission or the City Council for aid in evaluating the impact
of the development on other existing or proposed facilities
and services of the City or the area, a recreational plan; a
public buildings plan providing consideration for school,
administrative or public safety quarters; any other plans or
information required, depending upon the exact nature of the
individual PUD.
5. Procedures - Concept Approval
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a. The applicant shall file with the City a statement of his
intention to develop property under the PUD provisions along
with a fee of $250 to cover the costs of checking and
processing plans, plus a monetary deposit to cover
administration, engineering and legal costs. The amount to
be deposited shall be determined by the City based on an
estimate of the costs to be incurred. Any amount remaining
after administration, engineering and legal costs have been
paid will be refunded to applicant. If the deposit is not
sufficient, the applicant must submit an additional amount to
the City before concept approval will be granted.
b.
The request shall be referred to the Planning Commission. The
applicant shall present at least twelve (12) copies of the
information listed in b through g above. The Commission and
the City staff shall study such information and shall make a
recommendation to the City Council within forty-five (45) days.
c. The City Council shall hold a Public Hearing on the request
and shall take action upon it within 30 days of the date of
the Public Hearing. All property owners within 300 feet of
the property to be developed shall be notified by mail of the
hearing.
d. Upon receipt of the concept approval and any modification to
the plans required by the Council, the applicant may proceed
to file a request for final approval. Failure to do so within
six ( 6) months of the date of the receipt of the concept
approval, will be cause for revocation of concept approval.
e. Concept approval shall not in anyway bind the City to
subsequent final approval of development plans.
6. Procedures - Final Approval
tit
a.
The applicant shall file with the City his request for final
approval along with a fee of $250 to cover the costs of
checking and processing plans, plus a monetary deposit to cover
administration, engineering and legal costs. The amount to
be deposited shall be determined by the City based on an
estimate of the costs to be incurred by the City. Any amount
Zoning Page 59
Subdivisiolil 24
remaining after administration, engineering and legal costs
have been paid will be refunded to applicant. If the deposit
is not sufficient, the applicant must submit an additional ..
amount to the city before final approval will be granted. ~
b. The request shall be referred to the City staff and to the
Planning Commission. Unless waived specifically by the
Commission, twelve (12) copies of all information listed in
Subd. 24(4} above, and other data, as deemed necessary, shall
be submitted for review. The Commission shall make a
recommendation to the Council within forty-five (45) days of
the submission of the final plans.
c. The City Council may again hold a Public Hearing on the
request. All property owners within 300 feet of the property
to be developed shall be notified by mail of the hearing date.
d. The City Council shall evaluate the PUD request using all
criteria consistent with this ordinance, the needs of the City
of Stillwater, and common land use planning principals and
standards and shall make its decision within sixty (60) days
of the date of the Public Hearing.
7.
staged Developments. It is recognized that certain PUD requests may
involve construction over a long period of time. If it is proposed
to develop a project during a period which will exceed two years,
the applicant may request concept approval for the entire project
and permission to submit detailed information respecting only the
first stage or stages of the project. If permission pursuant to such
a request is granted by the City Council, a separate Public Hearing
may nevertheless be required respecting each successive stage of
the project as the same is reached, and detailed plans shall be
submitted in accordance with the approved phasing schedule outlined
in the concept approval.
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8. Final Approval. Final approval by the Council and the issuance of
a PUD permit will occur when:
a. All agreed upon public open space has been deeded to the City
and has been officially recorded; or an agreement has been
reached between the City and the applicant whereby a pro rata
cash payment in lieu of land donation has been scheduled to
coincide with the issuance of certificates of occupancy by the
building inspector.
b. Design and construction specifications for all public utilities
and street improvements have been approved by the Ci ty
engineer.
c.
A plat of the development site, if needed, has been filed and
recorded both with the City and the county register of deeds.
Failure to register said plat, within 120 days of final
approval, shall be deemed to be grounds for revocation of the
PUD permit.
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d.
An agreement has been reached between the City
applicant specifying the standards to be used
and the
in the
Zoning Page 60
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Subdivision 24
construction of all streets and utili ties, storm ponding, run-
off and disposal facilities, landscaping, final grading and
the provision, use and maintenance of privately owned
recreational facilities. To ensure that these improvements
are completed under the terms of the agreement between the City
and the applicant, the latter shall post a corporate surety
bond or cash bond equal to 125 percent of the cost of the
improvements guaranteeing the faithful performance of the work
specified in the agreement or the payment of any costs to the
City in a sum equal to the total as recommended by the city
engineer and approved by the City Council. Said bond shall
cover all such requirements; provided, however, that part of
the bond may be released when any specific part of each phase
of the agreement or plans is completed, upon the recommendation
of the City engineer and approval by the City Council.
e.
All other plans and conditions of final approval have been
presented and approved.
9. Administration
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a.
Any change involving structural alteration, enlargement or
intensification of use not specifically allowed by a particular
PUD permit or any request for a variance from the specific
terms of a previously issued PUD permit, shall require that
an application be filed for an amendment to the PUD Permit.
All procedures shall apply as if a request were being made for
final approval. An application for an amendment to a PUD
Permit shall require a fee of $100 and a escrow account shall
be established to cover the costs of amendment review, if the
costs are estimated to exceed $100. The amendment procedure
shall also apply to reapplication for pun Permit request which
have been denied.
b. No application for a PUD Permit which has been denied shall
be resubmitted for a period of six (6) months from the date
of the denial.
c. No application for a PUD Permit may be withdrawn by the
applicant without prejudice at any time prior to the filing
of the required plat thereof in accordance with the Subdivision
Ordinance, or, if no platting is required in connection with
the approval of the PUD Permit, then at any time prior to
actual physical implementation of the approved permit, such
as the commencement of construction on the permit site.
d. In the event that final approval for the issuance of a PUD
Permit obtained and construction has not commenced within 12
months of the date of the granting of the Permit, the Permit
will be considered to be null and void unless an extension has
been granted by the City Council.
e.
Final approval of a PUD Permit by the City constitutes
authority for the development to proceed with his plans
according to this agreement with and the plans approved by the
City Council. Noncompliance with that agreement or with those
approved plans on the part of the developer shall be considered
Zoning Page 61
Subdivision 25
to be cause for the City Council to revoke approval of the pun
Permit, to halt the issuance of building permits, and to
require the cessation of all construction activity. The
developer shall then be required to either conform to the
agreement and to the approved plans or to request an amendment
to the PUD Permit using the procedures outlined in Subd. 10(1)
above. The City Council shall make the determination of any
noncompliance.
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10. Building Permits.
a. Final approval of PUD Permit does not in itself
constitute the granting of a building permit. Building
and Improvement Plans shall be submitted to the building
inspector in the manner prescribed by the City Ordinance,
Code and Procedures and a request shall be made for a
building permit for each individual building or
improvement. All permit fees shall be paid in accordance
with the prescribed scale. Plans shall be examined to
determine not only their conformance to the City's
construction codes, but also their conformances to the
PUD Permit. Nonconformances shall be grounds for denial
of a building permit.
Subd. 25. SUPPLEMENTARY REGULATIONS.
1.
The provisions of this ordinance shall be subject to such exceptions,
additions or modifications as set forth in the following
supplementary regulations:
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a. Essential Services. Essential services, as defined in this
ordinance, shall be permitted in all districts.
b. Soil Stripping. No person, firm or corporation shall strip,
excavate or otherwise remove top soil for sale, or for use
other than on the premises from which it is taken, except in
connection with the construction or alteration of a building
on the premises and excavation or grading incidental thereto.
c. Vacant Lots of Record. Notwithstanding the limitations imposed
by any other provisions of this ordinance, the City Council
may permit erection of a dwelling on any lot (except a lot in
an industrial district), separately owned or under contract
of sale and containing, at the effective day of this ordinance,
an area or width smaller than that required for a one family
dwelling, provided that municipal sewer and water service is
available to the site.
d.
Clear Corners. On a corner lot in any residential district
no fence, wall, hedge or other structure or planting more than
three feet in height shall be erected, placed or maintained
within the triangular area formed by the intersecting street
lines and a straight line adjoining the street lines at points
which are forty (40) feet distant from the point of
intersection; provided that this regulation shall not apply
to trees trimmed to a height of eight (8) feet above the street
grade level.
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Zoning Page 62
Subdivision 25
e.
Substandard Lots. No lot, yard, court or other open space,
already containing less area than the minimum required under
this ordinance, shall be further divided or reduced.
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f. Bed and Breakfast. Bed and Breakfast are allowed by a special
use permit in RB and RCM zoning districts as regulated in
Section 31.01 of the Stillwater City Code, Subd. 13(2)(d) and
Subd. 15(1}(c) subject to the following conditions:
1. At least two off-street parking spaces must be provided
on-site for the owner/manager and one parking space for
each room rented Bed and Breakfast unit. The parking
spaces shall be signed and plan approved by the Community
Development Director.
2. The dining facilities of a Bed and Breakfast
establishment shall not be open to the public but shall
be used exclusively by the registered guests unless
allowed as a separate permitted or special use.
3. The location of another Bed and Breakfast use within
three (3) blocks is prohibited.
4. No liquor is to be sold on the premises.
5.
Bed and Breakfast establishments are allowed an
identification sign not exceeding four (4) square feet
and shall be located on site. The sign must match the
architectural features of the structure.
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6. A Bed and Breakfast establishment is only permitted in
a RCM or RB zoning district. Bed and Breakfast
establishments are prohibited in all other districts.
7. The Bed and Breakfast structure will be at least 100
years old and/or will show proof of historic significance
to the character of the City.
8. The maximum of five (5) Bed and Breakfast bedroom units
may be established in a structure.
9. Adequate lighting must be provided between the structure
and parking areas for safety contiguous to residential
structures.
10. Additional external lighting is prohibited.
11. A Bed and Breakfast establishment shall show proof of
inspection or proof of proper operating licenses by the
state and/or county.
g.
Farm Animals. In all districts any lot upon which farm animals
are kept must be at least three acres in size. Farm animals
are defined as: horses, cows, sheep, bees, pigs, chickens,
ducks, rabbits and other commonly known domestic farm animals.
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Zoning Page 63
SubdivisioR 25
h. Pole Buildings. Pole buildings shall be prohibited in all
zoning districts.
i.
Minimum Landscape Requirements. In the BP-C, BP-O, BP- I, CBD,
CA, PA, zoning districts, the following minimum landscaping
requirements must be met for all projects:
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1. Minimum plant size.
TYPE
SIZE
a. Deciduous trees
b. Deciduous shrubs
c. Coniferous trees
d. Coniferous shrubs
1-1/2 - 1/1/3 in. caliber
18 inches high
3 - 3-1/2 feet high
1 gallon
2. Trees shall be planted along all streets. street trees
shall be set back a distance of ten (10) feet from the
street right-of-way. Deciduous trees shall be planted
40 feet on center and coniferous street trees shall be
planted 30 feet on center.
3. The minimum front yard on developed commercial and
industrial lots shall be covered with sod and maintained
in an appropriate manner.
4.
Portions of lots intended to be utilized for expansion
of structures may be seeded with grass seed, mulched and
fertilized according to the recommendations of the Zoning
Administrator instead of being sodded.
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5. Planting islands in parking lots shall be planted with
at least one (1) deciduous tree and at least two {2}
shrubs and shall be mulched with a minimum of four (4)
inches of rock, wood chips or similar material. All
planting islands shall be treated with a mechanical weed
inhabiter. One (1) tube for feeding and watering shall
be installed in each planting island.
6. All plant materials indicated on an approved landscaping
plan that do not survive two (2) growing seasons shall
be replaced with identical plants during or before the
following season.
j . Proj ection into Required Yard Areas. Every part of a required
yard shall be open and unobstructed by any building or
structure except for the following:
1.
Awnings, sills, cornices, buttresses, eaves, landings
and necessary steps and similar architectural features
may project into required yard a distance of not more
than 3 feet so long as the projection is not closer than
3 feet from the property line.
2.
Openwork fire balconies and fire escapes may extend not
more than 3 feet into the required side or rear yard.
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Zoning Page 64
Subdivision 25
3. Chimneys, flues and fireplaces may extend not more than
3 feet into a required yard.
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k.
Exceptions to Height Regulations:
1. Roof structures. The maximum height specified in
Paragraph One may be exceeded by church spires, belfries,
cupolas, chimneys, ventilators, skylights, water tanks,
bulkheads and similar features and by necessary
mechanical appurtenances usually carries above the roof
level, provided such structure is an integral part of
a building.
2. Maximum Height of Accessory Buildings in Residential
Districts. In residential districts an accessory
building shall not exceed 20 feet in height or the
distance from the accessory building to a main building
or potential location of a main building on adjoining
premises in a residential district, whichever is less.
1. Land Reclamation Regulations.
a.
"Land Reclamation" is the reclaiming of land by
depositing or moving material to elevate the grade.
The term "Land Reclamation" shall not include landscaping
done by or under the direction of a property owner that
does not affect the drainage pattern or alter or
intensify the flow into or upon public or private
property. When applicable land reclamation shall be done
in accordance with the Flood Plain Ordinance, Grading
Ordinance and City Code Section 31.04 regarding wetlands.
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b. Land reclamation shall be permitted only by special use
permi t . The permit shall include as a condition thereof,
a finished grade plan which will not adversely affect
the adjacent land and as a condition thereof, shall
regulate the type of material permitted, program for
rodent control, plan for fire control and general
maintenance of the site, controls of vehicular ingress
and egress and for control of material dispersed from
runoff, wind or hauling of material to or from the site.
m. Fence Regulations.
1. Purpose. The purpose of this section is to provide for
the regulation of fences in the City of Stillwater, to
prevent fences being erected that would be a hazard to
the public, or an unreasonable interference with the uses
and enjoyment of neighboring property and are compatible
with existing uses and other zoning restrictions.
2. Definitions. For the purpose of this ordinance, the
following definitions shall apply:
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a.
Fences shall be any lineal structure used to
prevent access by persons or animals or prevent
visual or sound transference.
Zoning Page 65
Subd. 26.
1.
SubdivisioJ;l. 26
3.
Fences may be permitted in all yards, subject to the
following:
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a. Fences in excess of six (6) feet above the ground
grade shall be prohibited unless the abutting
neighbor consents to a higher fence and permission
is granted by the City Council.
b. The side of the fence considered to be the face
(finished side as opposed to structural supports)
shall face abutting property.
c. No fence shall be permitted on public right of
ways.
d. No fence shall be erected on corner lot that will
obstruct or impede the clear view of an inter-
section by approaching traffic.
e. In residential districts, fences located in the
front yard beyond the building line shall not
exceed 42 inches in height.
4. Fences may be permitted along property lines subject to
the following:
a.
Fences that require continuing maintenance such
as wooden privacy fences shall not be erected
within one foot of a property line.
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b. Fences in commercial or industrial districts may
be erected on the lot line to the height of six
feet; to a height of eight feet with a security
arm for barbed wire.
5. No existing fence in violation of this section will be
allowed to be replaced or rebuilt. Should an existing
fence be replaced or rebuilt, it must come under the
regulations of this section.
6. Violations of this ordinance may be enforced by
injunction and the City shall be entitled to the remedy
of abatement in order that a fence erected in violation
of this section may be removed.
n.
Swimming Pool Locations: All swimming pools
thereto shall be located in the rear yard at
least ten (10) feet from any property line
Construction of Swimming Pools, 33.02
requirements).
or appurtenances
a distance of at
{see City Code,
for additional
OFF STREET PARKING AND LOADING
Purpose. The purpose of the regulations contained herein is to
reduce street congestion and traffic hazards in the City of
Stillwater and to add to the safety and convenience of its citizens,
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Zoning Page 66
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Subdivision 26
by incorporating adequate, attractively designed, and functional
facilities for off-street parking as an integral part of every use
of land in the city.
2.
General Provisions. At the time any building or structure is
constructed or erected or modified, there shall be provided, on the
same site, for the use of occupants, guests, clients, customers or
visitors thereof, off-street parking spaces for vehicles in
accordance with the requirements herein.
3.
Number of Parking Spaces Required. Where the computation or required
parking spaces produces a fractional result, fractions of one-half
(1/2) or greater shall require one (1) full parking space.
Art Gallery
1 for each 500 square feet
of floor area.
Automobile boat or machinery sales
(office and service bay areas shall
provide parking at those rates)
1 for each 1,000
square feet floor
area.
Banks
1 for each 200 square feet
of floor area.
Bed and Breakfast
1 per guest room 2 for
manager.
Beauty Parlor
3 spaces per chair.
Billiard parlors
2 spaces per table.
Boarding homes for the aged
1 for each 5 beds, plus
2 for each employee on the
shift with maximum
personnel.
Bowling Alleys
6 for each lane.
Business and professional offices
excluding medical and dental
offices
1 for each 300 square
feet of floor area.
Children I S Homes
1 for each 5 beds, plus
1 for each employee.
shift with the maximum
number of personnel.
Churches
1 for each 3 seats in the
main sanctuary.
Convenient Stores
5 per 1,000 square feet
of gross floor area.
Dance halls and assembly halls
without fixed seats, exhibition halls
1 for each 3 persons
of design occupancy load.
Zoning Page 67
Daycare Centers
Drive-In food establishments
Family daycare and foster family homes
Funeral homes, mortuaries
Furniture and appliance stores
Health Club
Hospitals
Hotels, motels
Institutions for the aged
Manufacturing plants, research or
testing laboratories, bottling
plants, furniture repairs
Marinas
Medical and dental clinics and off ices
Zoning Page 68
Subdivisiotl 26
1 space per 8 children plus
1 space per staff person.
1 for each 100 square feet
of gross floor area, with
drive through facility add
10 stacking spaces for
drive-in window, with a
minimum of 5 spaces
designated for the ordering
station.
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1 for every 5 guests plus
1 for each employee on the
shift with the maximum
number of personnel.
1 for each 5 seats of the
aggregate number of seats
provided in all assembly
rooms.
1 for each 400 square feet
of sales floor area.
One space per 100 square
feet of gross floor area.
1 for each 2 beds plus 1
for each employee on the
shift with the maximum
number of personnel.
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1 for each unit, plus 1
for the resident owner or
manager (plus 1/2 of
required parking for
related activities such
as restaurants, lounges
and retail shops).
1 for every 5 guests, plus
1 for each employee on the
1 for each 325 square feet
of floor area or 1 for each
employee, whichever is
greater
1 space per 3 slips and
additional parking for
launch ramps and dry
storage.
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1 for each 200 square feet
of gross floor area; but
need not exceed an average
Subdivision 26
of 5 spaces per
practitioner.
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Medical (or convalescent) hospitals
1 for each 5 beds, plus
1 for each employee on the
shift with the maximum
number of personnel.
Nursing homes
1 for every 5 guests, plus
1 for resident manager,
plus 1 for each employee
on the shift with the
maximum number of
personnel.
Private Clubs
Parking spaces equal to
the uses that take place
Residential uses
Single Family/Duplex, townhouses
2 spaces per dwelling unit
of which 1 is covered.
Multi-family, apartments
1.5 per unit; with 1
covered plus one space per
3 units for guest parking.
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Restaurants, bars or nightclubs
may include dancing as a
secondary use
1 for each 120 square which
feet of floor area
up to 5,000 square feet;
1 for each 100 square feet
of restaurant area over
5,000 square feet.
Retail stores, shops, service
establishments, other than
furniture and appliance stores
1 for each 200 feet
of gross floor area.
Schools - elementary and junior high;
3 per classroom.
High schools
1 for each 4 students
based on design capacity
plus 3 per classroom.
Colleges (business, beauty, etc.)
and universities
1 for each employee
plus 1 for each 3 students.
Self-service laundry and
establishments
dry cleaning1 for each 200 feet
of floor area.
Service stations
3 for each lubrication or
service bay, plus 1 for
each employee on the day
shift.
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Sports arenas, auditoriums,
assembly halls and meeting
rooms
1 for each 3 seats
of maximum seating
capacity.
Zoning Page 69
Theaters
Wholesale establishments, warehouses
service and maintenance centers
Unspecified
structures
uses of buildings,
or premises
4. Modifications to Requirements.
Subdivisior'1 26
1 for each 3 seats for the
first 350 seats; plus 1
for each 5 additional
seats.
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1 for each 1,000
square feet floor area.
Where the parking
requirement for a
particular use is not
specifically established
in this section, the
parking requirements for
each use shall be
determined by the Ci ty
Council. Such
determination shall be
based upon the requirements
for similar uses.
a. Alternative Provisions. The off-street parking requirements
of this part shall be considered satisfied if:
The property being occupied is a part of a parking
district which has been duly formed under the provisions
of the Municipal Code; and
1.
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2. A specific development plan for an area has been adopted
and contains parking standards which supersede those
contained in this section or
3. The required parking spaces and street access are
permanently provided within three hundred (300) feet of
the parcel, and a maintenance and management plan
indicating the useful functioning of such parking is
submitted and approved by the Community Development
Director. Not more than sixty percent ( 60%) of the
required parking may be provided off the site.
b. Cooperative Parking Facilities. The requirements for the
provisions of parking facilities, with respect to two (2) more
property uses of the same or different types, may be satisfied
by the permanent allocation of the required number of spaces
for each use in a common parking facility, located within three
hundred (300) feet of all such participating property uses and
cooperatively established and operated. In the case of a
cooperative parking facility which is designed to satisfy the
parking requirements of:
1.
From two to four (2 to 4) independent property uses, a
reduction of not more than five percent (5%) of the total
number of required spaces shall be allowed.
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Zoning Page 70
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Subdivision 26
2.
From five to seven (5 to 7) independent property uses,
a reduction of not more than ten percent (10%) of the
total number of required spaces shall be allowed.
3. Eight (8) Or more independent property uses, a reduction
of not more than twenty percent (20%) of the total number
of required spaces shall be allowed.
c. Shared parking Facilities. Parking facilities may be shared
by two (2) or more commercial uses if their entrances are
located within three hundred (300) feet of each other and if
their hours of operation do not coincide, provided they:
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1. Receive special use and design permits so that design
criteria are met and conditions of use may be established
along with periodic review.
2. Submit a written document guaranteeing maintenance,
hours of operation and specifying length of agreement.
3. Demonstrate how the shared parking arrangement will
fulfill the intent of this section.
d.
Parking Requirements for Nonconforming Structures of Uses.
In the case of structures in any district, which are
reconstructed, enlarged, structurally altered, changed in
occupancy to a more intensive use category or otherwise
increased in capacity, off-street parking shall be provided
only for that portion of structures or use constituting the
increase in capacity; except that no additional parking need
be provided for non-residential uses, if the increased capacity
results in an increase of four (4) of fewer off-street parking
spaces.
5. Miscellaneous Requirements.
tit
a. Parking Limit. The City may establish a maximum parking limit
where the development proposal exceeds City standards for the
number of parking spaces required.
b. Parking Use. Parking areas shall be used for vehicle parking
only with no sales, dead storage, repair work, dismantling or
any kind.
c. Existing off-street parking spaces and loading spaces shall
not be reduced in number unless said number exceeds the
requirements set forth for the use.
d.
Facilities for the Handicapped. Handicapped parking spaces
shall be nineteen feet long by twelve feet wide (19'x 12').
Parking facilities specifically designed, located and reserved
for vehicles licensed by the state for these by the
handicapped, shall be provided in each parking facility of ten
(10) or more spaces, according to the following table:
Maximum number of Spaces Required
Zoning Page 71
Subdivision 26
Total
1 to 50
51 to 100
101 to 150
151 to 200
200 + 1 per
Handicapped
1
2
3
4
50 or fraction thereof
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e. Parking Lots in Residential Districts. When in its op~n~on
the best interests of the community will be served, the City
Council may permit, temporarily or permanently, the use of land
in a residential district, other and a One-Family District,
for a parking lot where the land abuts or is across the street
from a district other than a residential district, provided
that:
1. The lot is to be used only for parking of passenger
automobiles of employees, customers or guests of the
person or firm controlling and operating the lot, who
shall be responsible for its maintenance.
2. No charge is to be made for parking on the lot.
3. The lot is not to be used for sales, repair work or
servicing of any kind.
4. Entrance to and exit from the lot are to be located on
the lot.
5.
No advertising sign or material is to be located on the
lot.
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6. All parking is to be kept back of the setback building
line be barrier unless otherwise specifically authorized
by the City Council.
7. The parking lot and that portion of the driveway back
or the setback line is to be adequately screened from
the street and from adjoining property in a residential
district by a hedge or sightly fence or wall not less
than six feet high and not more than eight feet high
located back of the setback line. All lighting is to
be arranged so that there will be no glare therefrom
annoying to the occupants of adjoining property in a
residential district and surfacing of the parking lot
is to be smoothly graded, hard surfaced and adequately
drained.
8. Such other conditions as may be deemed necessary by the
City Council to protect the character of the residential
district.
6. Design Requirements.
a.
Parking Space. Each parking space shall be at least nine feet
in width and 18 feet in length exclusive of an adequately
designed system of access drive. Driveways for two-way traffic
shall be 24 feet.
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Zoning Page 72
b.
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Subdivision 26
Parking Facility Layout. There shall be no off-street parking
spaces located within 15 feet of any street right-of-way or
10 feet of any property line except in the central Business
District where spaces may be allowed with and approved design
permit.
c. Access to Spaces or Facilities.
a. Driveway Design Standards
1. Driveways shall be designed to conform with
existing contours to the maximum extent feasible.
2. Driveways shall enter public/private streets in
such a manner as to maintain adequate line of
sight.
d. Aisles. Circulation aisles necessary for maneuvering within
a parking facility shall be designed so that vehicles do not
back out into a street, sidewalk or other public way, other
than a residential alley. In general, double-loaded aisles
are preferred to single-loaded aisles.
tit
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e. Curbing. All commercial, industrial or multifamily residential
parking lots with five (5) or more spaces shall have continuous
concrete curbing around the entire parking lot.
f.
Border Barricades. Every parking facility containing angled
or 90 degree parking spaces adjacent to a street right-of-way
shall, except at entrance and exit drives, be developed with
a solid curb or barrier along such street right-of-way line;
or shall be provided with a suitable concrete barrier at least
six (6) inches in height and located not less than two (2) feet
from such street right-of-way line. Such wall, fence, curb
or barrier shall be securely installed and maintained.
g. Surfacing. All off-street parking facilities shall be surfaced
with a minimum of five (5) inches of concrete, or one and one-
half (1-1/2) inches of asphalt overlying four {4} inches of
base rock except temporary off-street parking facilities, which
may be surfaced by placement of a single bituminous surface
treatment upon an aggregate base, which bituminous treatment
and base shall be subject to the approval of the Director of
Public Works. All off-street parking shall be so graded and
drained as to dispose of all surface water from within the
area; in no case shall such drainage be allowed to cross
sidewalks.
h. Marking. Parking spaces within a facility shall be clearly
painted and delineated.
i.
Lighting. Any lights provided to illuminate any parking
facility permitted by this Title shall be arranged so as to
reflect the light away from any adjacent properties, streets
or highways.
Zoning Page 73
Subdivisiol) 26
j. Landscaping and Screening.
1.
Landscaping shall be provided in new parking lot
construction and reconstruction. Landscaping is employed
to diminish the visibility and impact of parked cars by
screening and visually separating them from surrounding
activities and the street; to provide shade and relief
from paved areas; to channel the flow of traffic and
generally contribute to good site desing. Trees, shrubs,
ground covering and earth berming shall be used for lot
landscaping.
2. Every parking facility abutting property located in
residential districts shall be separated from such
property by a wall, planter or a view - obscuring fence;
or a raised landscaped mound of earth, sand stones or
the like; or by a permanently maintained compact
evergreen hedge; or a combination of any of the preceding
treatments. Such screening devices shall be six (6) feet
in height, measured from the grade of the finished
surface of such parking facility, along the abutting
residential property; except that such
OFF-STREET LOADING FACILITIES
1.
Purpose. To reduce street congestion and traffic hazards to add to
the safety and convenience of the community; adequate, attractively
designed and functional facilities for off-street loading shall be
incorporated as necessary in conjunction with new uses of land in
the City.
2. General Provisions. For every building hereafter erected, which is
to be occupied by manufacturing, storage, warehouse, retail and/or
wholesale store. market, hotel, hospital, mortuary, laundry, dry
cleaning or other uses similarly requiring the receipt or
distribution by vehicles of material and merchandise, off-street
loading areas shall be provided in accordance with the requirements
herein.
3. Required Areas.
a.
Gross Floor Area
Required Loading Spaces
10,000 to 24,999 sq. ft.
25,000 to 49,999 sq. ft.
For each additional 50,000
square feet or major fraction
thereof.
1
2
1
b. Each loading space shall be not less than ten (10) feet in
width, thirty (30) feet in length and with an overhead
clearance of fourteen (14) feet.
c.
Such space may occupy all of any part of any required yard or
court space, except from and exterior side yards; and shall
not be located closer than fifty (50) feet to any lot in an
R-District; unless inside a structure or separated from such
Zoning Page 74
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Subdivision 27
district by a wall not less than eight (8) feet in height,
provided a conditional fence permit is approved.
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Subd. 27.
SIGN REGULATIONS
1. PURPOSE. Signs have an impact on the character and quality of the
environment. They attract or repel the viewing public and affect
the safety of vehicular traffic. As a historic community, Stillwater
is unique. The proper control of signs is of particular importance
because of this historical quality and uniqueness. Signs should be
kept within reasonable boundaries consistent with the objectives and
goals of the community to retain its special character and economic
advantages which rest in part on the quality of its appearance.
The following standards in this section are therefore adopted to
regulate signs.
2. SIGN PERMITS REQUIRED. All signs shall require a sign permit as
required in this Chapter. A sign permit application containing the
following information shall be filed with the Community Development
Director:
a. A drawing of the proposed sign, or signs, showing
dimensions and describing materials, lettering, colors,
illumination and support systems.
b. Photographs of the building face and the building faces
of both adjacent buildings.
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c.
A drawing of the building face and site plan showing the
location of the proposed sign{s) as necessary.
d. A cross section of the building face showing how the sign
will be attached and how far it will extend from the
building.
e. Any pictorial proof or other information that the sign
is of historical significance or is a reproduction of
an historic sign as appropriate.
f. A building sign plan for a building with more than one
use or business, showing all signs.
3. DEFINITIONS.
Awning Sign
Any sign that is painted on or attached to an
awning.
Banner
A sign intended to be hung either with or without
a frame possessing character, letters,
illustrations, or ornamentations applied to paper,
plastic or fabric of any kind excluding flags,
emblems and insignia or political, professional,
religious, educational or corporate organizations
providing that such flags, emblems and insignia
are displayed for noncommercial purposes.
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Billboard
Refers to a non-accessory sign erected for the
Zoning Page 75
Building Sign Plan
Construction Sign
Directional Sign
Electrical Sign
Flashing Signs
Freestanding Signs
Graphic Signs
Governmental Sign
Historical Sign
Illuminated Sign
Marquee Sign
Mobile Sign
Motion Sign
Nameplate Sign
Subdivision 27
purpose of advertising a product, event, person
or subject not usually related to the premises on
which said sign is located.
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An illustration that shows all signs on a building
or group of related buildings.
A sign placed at a construction site identifying
the project or the name of the architect, engineer,
contractor, financier or other involved parties.
A sign which contains no advertising of any kind
and provides direction or instruction to guide
persons or vehicles to facilities intended to serve
the public.
All signs and displays using electrical power.
An illuminated sign upon which the artificial light
is not kept constant in terms of intensity or color
at all times when the sign is illuminated.
Any stationary, self-supporting sign standing on
the ground not affixed to any other structure.
Includes monument, ground or pedestal signs.
Means any mural or pictorial scene painted on the
side of a wall or building or painted on a sign
board affixed to a wall and in which a mural or
scene has its purpose artistic effect. A "Graphic
Design" shall be considered a "sign" for the
purpose of this ordinance.
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A sign which is erected by a governmental unit for
identification or traffic.
Any sign that is of historical significance or that
is an historical resource within the meaning of
Minnesota Statues Chapter 116B.
Any sign which is lighted by an artificial light
source either directed upon it or illuminated from
an interior source.
A permanent roof -like structure extending from part
of the wall of a building but not supported by the
ground and constructed of durable material such
as metal or glass.
Signs on wheels or otherwise capable of being moved
from place to place.
Any sign which revolves, rotates, has any moving
parts or gives the illusion of motion.
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A sign which states the name and/or address of the
business, industry or occupant.
Zoning Page 76
Subdivision 27
Portable Sign
Any sign that is designed to be moved.
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Projecting Sign
Any sign projecting from a building wall.
Public utility Sign
Signs which identify public utilities.
Sign
A display, illustration, structure or device which
directs attention to an object, product, place,
activity, person, institution, organization or
business. The term shall not include the United
states flag or any governmental flag properly
displayed in approved manner.
Sign Area
The area which is framed either physically or
visually by the construction, design or layout of
a sign itself but not including supporting
structures.
Sign Structure
The supports, uprights, braces and framework of
the sign.
Temporary Sign
A sign constructed of paper, cloth, canvas or other
similar lightweight material with or without frame
and all others intended to be displayed for a short
period of time only.
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Three-Dimensional Sign A type of projecting sign which depicts a physical
object, such as a shoe or product sold, as opposed
to utilizing letter to convey the signing message.
Real Estate Sign
A business sign placed upon a property advertising
that particular property for sale, rent or for
lease.
Roof Sign
Any sign which is erected, constructed or attached
wholly or in part upon or over the roof of a
building.
Window Sign
A sign attached to, painted on or erected against
the wall of a building with the exposed face of
the sign plane parallel to the plane of said wall.
A sign affixed to a window galls or door glass.
This does not include merchandise on display.
Wall Sign
4. GENERAL PROVISIONS.
The following provisions apply to signs located in all zoning
districts:
A.
All signs and sign structures shall be properly maintained and
shall be constructed of sufficiently permanent materials so
that they shall not succumb to deterioration from weathering.
Any existing sign or sign structure which is rotted, unsafe,
deteriorated, defaced or otherwise altered, shall be repainted,
repaired, replaced or removed as necessary.
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Zoning Page 77
SubdivisioI'l 27
B.
When electrical signs are installed, the installation shall
be subj ect to the state I s Electrical Code. Overhead electrical
wiring is not allowed.
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C. No signs other than governmental signs shall be erected or
temporarily placed within any street right-of-way or upon
public lands or easements or right-of-ways without city Council
approval.
D. No sign or sign structure shall be erected or maintained if
it prevents free ingress or egress from any door, window or
fire escape. No sign or sign structure shall be attached to
a standpipe or fire escape.
E. Temporary signs may be allowed for special business events such
as business openings and closings, change in management,
district wide shopping events or other special occasions for
thirty (3D) days maximum by permit from the Community
Development Director.
F. Sign structures not used for signing for twelve (12)
consecutive months shall be removed.
G. The City may grant a permit to locate signs or decorations on,
over or within the right-of-way for a specified period of time.
H.
All signs shall be compatible with the building and area in
which they are located.
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1. No more than three (3) properly displayed flags may be
displayed outside of the building.
J. A sign shall not obscure architectural features of a building
to which the sign is attached.
K. A building address shall not be considered a sign.
L. The terms of this ordinance may be waived if the sign is an
historic resource or if the sign is a proposed reproduction
of an historic sign.
M. Graphic design signs without Special Use Permit.
5. PERMITTED SIGNS.
The following signs are allowed without a permit in all zoning
districts but shall comply with all other applicable provisions of
this ordinance:
A.
Public Signs: Signs of public, noncommercial nature including
safety signs, danger signs, trespassing signs, traffic signs,
signs indicating scenic or historical points of interest,
memorial plaques and the like, when signs are erected by or
on order of a public officer or employee in the performance
of official duty.
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B.
Integral Signs:
Names on buildings, date of construction,
Zoning Page 78
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C.
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Subdivision 27
commemorative tablet and the like, which are of permanent
construction and which are an integral part of the building
or the structure.
Poli tical Signs: Signs or posters announcing candidates
seeking political office or issues to be voted upon at a public
election. Such signs must contain the name and address of
person ( s) responsbile for such signs and that person ( s) shall
be responsbile for its removal. These signs shall erected no
more than 45 days before any election and be removed five {5}
days after the general election for which they are intended.
The city shall have the right to remove and destroy signs after
the five (5) day limit.
Size: The size of a political sign shall be regulated
as follows:
1. Residential and CA Districts -
The maximum sign size shall be 6 square feet
in area with a maximum height of 4 feet.
2. IP Districts -
The maximum size shall be 35 square feet in
area.
D.
Holiday Signs: Signs or displays which contain or depict
messages pertaining to a national, state or local holiday and
no other matter and which are displayed for a period not to
exceed 60 days.
E. Construction Signs: A non-illuminated sign announcing the
names of architects, engineers, contractors or other
individuals or firms involved with the construction, alteration
or repair of a building (but not including any advertisement
of any product) or announcing the character of the building
enterprise or the purpose for which the building is intended.
Such signs shall be confined to the site of the construction,
alteration or repair and shall be removed within two (2) years
of the date of issuance of the first building permit or when
the particular project is completed, whichever is sooner.
One sign shall be permitted for each major street the project
abuts. No sign may exceed 32 square feet in Multi-Family
Residential, Commercial and Industrial Districts and 12 square
feet in Single Family Residential Districts.
F. Individual Property Sale, Lease or Rental Sign: An on-premise
sign announcing the name of the owner, manager, realtor or
other person directly involved in the sale or rental of the
property or announcing the purpose for which it is being
offered. Such signs are limited to six (6) square feet in
residential districts and 32 square feet in commercial
districts. Signs must be removed within then ten (10) days
after sale or rental of property.
G.
Rummage Sale Signs: Signs advertising a rummage sale not
exceeding four (4) square feet located on private property
which conform to the applicable provisions of this title and
Zoning Page 79
Subdivision 27
are removed at the termination of the sale.
H.
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One name plate sign, placed on a wall of the structure, for
each dwelling not exceeding two (2) square feet in area per
structure. No signs shall be so constructed as to have more
than two (2) surfaces.
J. One name plate for each dwelling group of six (6) or more
units. Such sign shall not exceed six (6) square feet in area
per surface. No sign shall be constructed to have more than
two (2) surfaces.
K.
Real Estate Development Project Signs: For the purpose of
selling or promoting a development project of three (3) to
twenty-five (25) acres, one sign not to exceed 100 square feet
of advertising surface may be erected on the project site.
For projects of twenty-six (26) through fifty (50) acres, one
(I) or two (2) signs not to exceed 200 aggregated square feet
of advertising surface may be erected. For projects over fifty
(50) acres, one (I), two (2) or three (3) signs not to exceed
300 aggregate square feet of advertising surface may be
erected. No dimension shall exceed 25 feet exclusive of
supporting structures. Such sign shall not remain after 95
percent of the project is developed. The permit for such sign
must be renewed annually by the city Council, shall be bordered
with a decorative material compatible with the surrounding
area. If such signs are lighted, they shall be illuminated
only during those hours when business is in operation or when
the model homes or other development are open for conducting
business.
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L. No sign permit is required for window signage that does not
cover more than one third of the total area of the window in
which the sign is displayed.
6. PROHIBITED SIGNS
The following signs are prohibited in all zoning districts:
A. Any sign which obstructs the vision of drivers or pedestrians
or detracts from the visibility of any official traffic control
device.
B. Any sign which contains or imitates an official traffic sign
or signal, except for private, on-premises directional signs.
C. Off-premises advertising signs except as regulated herein.
D. Any sign which moves or rotates including electronic reader
board sign, except approved time and temperature information
signs and barber poles.
E.
No sign shall display any moving parts, be illuminated with
any flashing or intermittent lights or shall be animated,
except time and temperature information. All displays shall
be shielded to prevent any light to be directed at oncoming
traffic in such brilliance as to impair the vision of any
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Zoning Page 80
Subdivision 27
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driver. No device shall be illuminated in such a manner as
to interfere with or obscure an official traffic sign or
signal. This includes indoor signs which are visible from
public streets.
F. Roof signs.
G. Any sign which contains or consists of banners, pennants,
ribbons, streamers, string of light bulbs, spinners or similar
devises, except where used for noncommercial purposes or part
of an approved sign plan.
H. Portable Signs including but not limited to signs with wheels
removed, attached temporarily or permanently to the ground,
structure or other signs, mounted on a vehicle for advertising
purposes, parked and visible from the public right-of-way,
except signs identifying the related business when the vehicle
is being used on the normal day-to-day operations of that
business, hot air or gas fill balloons or semi -truck umbrellas
used for advertising.
I. Signs painted directly on building walls unless approved by
sign permit.
J. Illuminated signs or spotlights glvlng off an intermittent or
rotating beam existing as a collection or concentration of rays
of light.
It
K.
Revolving beacons, beamed lights or similar devices.
L. Signs supported by a guy wire.
M. No sign shall be erected, places or maintained by any person
on rocks, fences or trees.
N. No sign shall be erected which will interfere with any electric
light, power, telephone or telegraph wires or the supports
thereof.
O. Graphic design signs without Special Use Permit.
P. Billboards.
7. PERMITTED SIGNS IN RESIDENTIAL DISTRICTS
A. Professional name plate wall signs not exceeding two (2) square
feet in area.
B. Memorial signs or tablets, names of buildings and the date of
erection when cut into a masonry surface or when constructed
of bronze or other incombustible material.
C.
Political signs as regulated.
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D.
Individual property sale, lease or rental as regulated.
E. Construction signs as regulated.
Zoning Page 81
SubdivisioR 27
F.
Bulletin boards or public information signs not over thirty-
two (32) square feet located only on the premises of public,
charitable or religious institutions.
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G. other signs, such as neighborhood or project identification
signs consistent with the neighborhood character, subject to
Special Use Permit.
8. PERMITTED SIGNS BY A SIGN PERMIT IN THE CENTRAL BUSINESS OR GENERAL
COMMERCIAL DISTRICT.
The following signs are hereby permitted with a sign permit:
General Requirements:
A. All signs in the General Commercial, CA, or Central Business
District, CBD, are regulated by the following requirements:
1. Number: One wall, monument, awning and canopy or three
dimensional sign is allowed per business. When a
building or business abuts two or more public streets,
an additional sign located on each street building face
is allowed.
2.
Sign Plan: When there is more than one business or use
in a building with more than one sign, a building sign
plan shall be provided with the sign permit application.
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3. Permit Review: All signs in the Central Business
District shall require a design permit and meet the
approved Downtown Design Guidelines for signage.
4. Other Requirements: See area, location and height
requirements below for type of sign selected.
B. Wall Signs
1. Area. The total building signage shall have an aggregate
area not exceeding one (I) square foot for each foot of
such building face parallel or substantially parallel
to a street lot line.
2. Location. A wall sign shall not project more than
sixteen (16) inches from the wall to which the sign is
to be affixed.
3. Height. A wall sign shall not project higher than the
parapet line of the wall to which the sign is to be
affixed or fifteen (15) feet as measured from the base
of the building wall to which the sign is affixed,
whichever is lower.
4.
Lighting. Externally illuminated or back lit letters
are allowed, no internally illuminated signs.
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5.
Special Conditions.
Where a principal building is
Zoning Page 82
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Subdivision 27
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devoted to two (2) or more permitted uses, the operator
or each such use may install a wall sign for their
particular use. A sign plan must be submitted for the
entire building.
a. The total gross signage for the entire building
shall not exceed one (1) square foot for each foot
of such building face parallel, or substantially
parallel, to a street lot line with a minimum of
twenty-five (25) square feet per business.
C. Freestanding Signs
1. Area. The area of a monument type freestanding sign
shall not exceed thirty (30) square feet.
2. Location. A monument sign shall be located in any
required yard but shall have a setback of fifteen (15)
feet from any point of vehicular access, public roadway
or property line.
3. Height. A monument sign shall not project higher than
six (6) feet, as measured from the base of sign or grade
of the nearest roadway, whichever is lower.
4. Landscaping. The area around a monument sign shall be
landscaped.
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5.
Lighting. Externally illuminated or back lit letters
are allowed, no internally illuminated signs.
D. Awning and Canopy Sign
1. Area. The gross surface of an awning or canopy sign
shall not exceed fifty (50) percent of the gross surface
area of the smallest face of the awning or canopy to
which such sign is to be affixed.
2. An awning or canopy sign shall not project higher than
the top of the awning or canopy or below the awning or
canopy.
E. Three-Dimensional Sign
1. The total area of a three-dimensional sign shall be
determined by enclosing the largest cross section of the
sign in an easily recognized geometric shape and
computing its area shall not exceed nine (9) square feet.
F. Projecting Sign
1. The total areas of a projecting sign shall be six (6)
square feet.
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2.
All projecting sign shall be located on street level and
easily visible from the sidewalk.
Zoning Page 83
SubdivisioR 27
3. If lighted, projecting signs shall be externally
illuminated.
9.
PERMITTED SIGNS BY A SIGN PERMIT IN INDUSTRIAL PARK DISTRICTS
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All commercial, office and industrial signs in all IP Districts are
subject to the following conditions: One (1) wall, freestanding,
awning or canopy sign per business is permitted subject to the
following requirements:
A. Wall Signs
1. Area. The gross surface area of a wall sign shall
not exceed one (I) square foot for each foot of
building, parallel, or substantially parallel, to
the front lot line.
2. Location. A wall sign shall be located on the
outermost wall of any principal building but shall
not project more than sixteen (16) inches from the
wall to which the sign is to be affixed. The
location and arrangement of all wall signs shall
be subject to the review and approval of the
Community Development Director.
3.
Height. A wall sign shall not project higher than
the parapet line of the wall to which the sign is
to be affixed or twenty (20) feet as measured from
the base of the building wall to which the sign
is affixed, whichever is lower.
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4. Special Conditions. Where a principal building
is devoted to two (2) or more permitted uses, the
operator of each such use may install a wall sign
upon his/her proportionate share of the building
wall to which the sign is to be affixed. A sign
plan must be submitted for the entire building with
the following information:
a. The total gross signage for the entire
building shall not exceed one (1) square foot
for each foot of such building face parallel,
or substantially parallel, to a street lot
line or a minimum of twenty-five (25) square
feet per business.
b. The location, sizes, types and elevations
of all signs.
c. All signs shall be visually consistent in
location, design and scale.
B.
Freestanding Signs
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1. Area. The gross surface area of a ground sign
shall not exceed 100 square feet for each exposed
face nor exceed an aggregate gross surface area
Zoning Page 84
Subdivision 27
of 200 square feet.
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2.
Location. A ground sign may be set back fifteen
(15) feet from front or side property line.
3. Height. A ground sign shall not project higher
than twenty-five (25) feet, as measured from base
of sign or grade of the nearest adjacent roadway,
whichever is lower.
C. Awning, Canopy
1 . Area. The gross surf ace area of an awning, canopy
or marquee sign shall not exceed fifty (50) percent of
the gross surface area of the awning, canopy or marquee
to which such sign is to be affixed.
2. Location. A sign may be affixed to or located upon
any awning, canopy or marquee.
3. Height. An awning, canopy or marquee sign shall
not project higher than the top of the awning,
canopy or marquee to which such sign is to be
affixed.
10.
AUTOMOBILE SERVICE STATION SIGNS
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Automobile service stations are allowed one (I) wall sign and one
(I) ground sign subject to the following conditions:
a. Wall Signs. There shall be no more than one (I) wall sign with
a maximum sign area of one (1) square foot for each lineal foot
of building frontage.
b. Freestanding Signs. There shall be no more than one (1)
freestanding sign for each principal building. A freestanding
sign shall be set back fifteen (IS) feet form the front and
side property line. A freestanding sign shall not project
higher than twenty (20) as measured from grade or contain more
than 65 square feet of signage.
c. Service Bay and Island Identification Signs. Service bay and
island identification signs are permitted providing direction
or instruction to persons using the facility but containing
no advertising material of any kind.
11. SPECIAL SIGN HEIGHT LIMITS
Because of the character of the area, including existing and proposed
land use, special sign height limits for freestanding signs are
required for certain streets as follows:
a.
CUrve Crest Boulevard from South Greeley to Washington Avenue
and Orleans from Washington Avenue to County Road 5 - Six (6)
feet.
-
b. County Road 5 from Highway 36 to Croixwood Boulevard and South
Zoning Page 85
SubdivisioPl 28
Greeley from Orleans to Highway 36 - Twenty (20) feet.
c.
Washington Avenue from Tower to Orleans street - Six (6) feet.
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12 . NONCONFORMING USES
a. Nonconforming signs that are lawful on the date of the adoption
of this ordinance shall have rights outlined in Chapter 31.01,
Subd. 9 of the Zoning Ordinance with respect to their
alteration, extension, restoration and abandonment.
b. Any person violating or failing to comply with any provision
of this ordinance shall upon conviction thereof be guilty of
a misdemeanor.
13 . VIOLATIONS
In all cases of violations of this ordinance which are unabated
thirty (30) days after written notice to record owner of the property
on which the sign is located, the city may proceed to abate and
remove the violation and, if deemed necessary, to have cost thereof
specially assessed against the lot or parcel where the violation was
located.
SUBD. 28.
GRADING PERMITS.
1.
No person shall undertake, authorize or permit any of the
following actions without first having obtained a grading
permit from the City:
--
a. Any excavating, grading, filling or other change in the
earth I s topography resulting in the movement of more than
50 cubic yards of material, except in any designated
Wetlands, Floodplain or Shoreland District;
b. Any excavating, grading or filling other changed in the
earth I s topography in any designated Wetlands, Floodplain
or Shore land District; or
c. Any mining operation for gravel or other materials.
d. Any changing of a natural drainage way or drainage
pattern that results in increasing or intensifying the
flow of surface water upon adjacent property.
2. Notwithstanding the above, no grading permit shall be required
for the following activities, except as required by Minnesota
State Building Code:
a. Earthwork undertaken in accordance with grading plans
approved in conjunction with a site and building plan
review or plat approval, or
b.
Earthwork which will result in moving less than 50 cubic
yards of material, provided the work does not take place
in any designated Wetlands, Floodplain or Shore land
District and does not affect local drainage patterns.
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Zoning Page 86
. .
3.
Subdivision 28
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No grading permit shall be issued for site grading without
approved plans for site development and adequate provision for
site protection from wind or water erosion.
4. No person shall undertake, authorize or permit any excavating,
grading, filling or other change in the earth's topography
which violates or is not in compliance with a grading permit
issued by the City, including the approved plans and all terms
and conditions of the permit.
5. All grading permits which would result in the moving or more
than 1,000 cubic yards of material per acre of site area shall
be reviewed as a conditional use permit under the standards
outlined in Subd. 27 of this section, to the extent possible
grading permit review will be combined with other planning
permits reviews.
6. Review of Grading Permits.
A. Application for a grading permit which requires review
as a conditional use shall be made to the Communi ty
Development Director on forms provided by the city and
shall be accompanied by the following as required:
1.
2.
- 3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
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the legal description of the property;
the fee required by Chapter 70 of the Uniform
Building Code; and
evidence of ownership or an interest in the
property;
existing and proposed final grades utilizing two
foot contour intervals;
a survey showing the location and elevation of all
roads, utilities and structures which may be
impacted by the proposal;
a tree survey showing all trees having a caliper
of six (6) inches or greater and a tree
preservation plan;
a landscaping and site restoration plan;
a development concept plan indicating how the
recontoured parcel may be developed in a manner
consistent with this ordinance and the
comprehensive plan;
a drainage plan which includes any engineering work
for stormwater retention which may be necessary;
an erosion control plan indicating the type and
location of erosion measures to be used;
a traffic analysis showing how the materials will
be removed from or delivered to the site;
two copies of all available soil borings together
wi th bor ing location maps and any other soil
information pertinent to improvements;
such other information as may be required by the
City; and
schedule of building construction phasing on permit
site.
Zoning Page 87
Subdivisiort 28
7. Administrative Review of Grading Permits.
A.
Grading plans which would result in the move of more than
50 but less than 1,000 cubic yards of material per acre
may be approved by the Community Development Director.
The applicant shall submit the required items from B
above.
B. Upon receipt of a completed application, the Community
Development Director shall review the application within
ten (10) working days and shall notify the applicant of
the decision by mail. The Community Development Director
may impose such modifications and conditions as may be
necessary to protect the public interest. Bonding may
be required in any amount sufficient to enure site
restoration should the applicant default on his or her
responsibilities.
8. Grading Permit Standards.
A. Grading permits shall be issued only for grading plans
which comply with the following:
1. The plans shall maximize the preservation of trees
on the property and utilize the trees to the
maximum extent possible to screen the grading from
adjacent property;
2.
The plan shall utilize landscaping to restore site
aesthetics, minimize the visual impact of the work,
screen the grading from adjacent property and
enhance the property I s development potential. All
areas altered because of grading activity shall
at a minimum, be restored with seed and disced
mulch or sod within two weeks after the completion
of the activity. The City may approve an extension
of this deadline of appropriate, but in no case
shall site restoration be delayed beyond October
1;
3. The plan shall not result in sites which are
unsatisfactory for development of permitted uses.
The development potential of a site may be
adversely impacted by such matters as unsuitable
finished grades, poor soil stability,
unsatisfactory drainage or exposure to deleterious
influences such as highway frontages for
residential property;
4. The plan shall provide for the removal of any
significant amounts of organic material or
construction debris from the site;
5.
In instances where an existing natural or created
buffer will be impacted by grading or filling
operations, site restoration shall be completed
in a manner which resembles, to the extent
Zoning Page 88
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6.
7.
8.
9.
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Subdivision 29
possible, the original vegetative and topography
state of the property, when deemed appropriate by
the City;
The plan shall protect designated wetlands,
floodplains, shorelands, public waters and other
natural features to the maximum extent possible.
The plan shall provide for adequate drainage,
stormwater retention and erosion control measures;
The plan shall provide for traffic movements to
and from the site which do not have significant
adverse affects on roads, intersections or
development in the area. streets surrounding the
site shall be swept as needed to remove any debris
which may accumulate due to these activities;
The plan shall include a schedule of activities
which limits the duration of off-site disruptions
and impacts;
10.
The plan must also be approved, where required,
by appropriate watershed districts, the United
states Army Corps of Engineers, the Minnesota
Department of Natural Resources and any other
government agency which has jurisdiction;
11.
The plan shall be accompanied by a bond sufficient
to insure compliance with the approved permit and
adequate site restoration. The amount of the bond
shall be based upon the size of the site,
sensitivity of its surroundings, extent of grading,
amount of material moved, necessary site
restoration and potential impacts upon public
facilities, including damage to public roadways
and property; and
12. The plan shall comply with the Minnesota State
Building Code and all other applicable statutes
or ordinances.
SUBD. 29. DESIGN REVIEW PERMITS.
1. Purpose. The intent of design review is to secure the general
purposes of the Comprehensive Plan and Downtown Plan, to maintain
the character and integrity of neighborhoods and commercial districts
by promoting excellence of design and development, preventing traffic
hazards, providing adequate services and encouraging development in
harmony with its surroundings.
Establishment of Committee. Design Review Committee as set forth
in this section shall consist of the Heritage Preservation Commission
as it is set forth and established pursuant to Stillater City code
Section 22 (10).
2.
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Zoning Page 89
Subdivision 290
3. Required When: Design review that is required for the following
types of development or uses in the design districts as follows:
Planning Districts - a Downtown Plan District and to West
Business Park Plan District.
For site alteration permits pursuant to Heritage Preservation
Commission Chapter 22.01, Subd. 6.
Type of projects and uses:
a.
b.
c.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
New commercial structures.
New industrial structures.
New multiple dwellings and dwellings groups containing
three (3) or more dwelling units.
Duplexes or two or more detached dwellings on one lot.
Structures intended for office use.
Commercial or industrial uses of land not involving a
building including outside storage loading or utility
areas.
Accessory structures and uses except those accessory uses
and structures.
Any structure or use of which a variance, special or
conditional use permit is required.
Any exterior remodeling and/or site alterations with a
value of $ 5,000 or more to any existing corranercial,
office or industrial building or structure.
Any exterior remodeling that could clearly alter the
architectural integrity of that structure, residential
or commercial.
All signs requiring a sign permit in Design Review
District.
Any project where the applicant is a public agency over
with the city exercises land use controls.
Any projects where the applicant is a public agency over
which the City exercises land use controls.
Projects in the Bluffland/Shoreland District, including
but not limited to building, roads, bridges, docks,
shoreline riprap and boat storage areas.
Any project which requires design review as a result of
a specific City action or as a result of a condition of
prior approved project.
Parking lots of five or more spaces.
Modification to any use/structure originally requiring
design review.
Any Plj1) or subdivision.
11.
12.
13.
14.
15.
16.
17.
18.
4. Application. Application for design review shall be filed with the
Community Development Director on the prescribed form and include
the following:
a. Preliminary site development plan including:
1.
2.
3.
4.
5.
6.
Parking and circulation areas.
Location of buildings.
Location and description of site.
Orientation of windows and doors.
Entrances and exits.
Open spaces.
Zoning Page 90
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Subdivision 29
7.
8.
9.
10.
11.
Pedestrian circulation.
Adjacent buildings.
Drainage plan.
Lighting plan.
Sign plan.
b. Preliminary architectural drawings including:
1. Building elevations.
2. Preliminary floor plan.
3. Picture or drawing showing adjacent building(s) as
appropriate.
4. Screening details.
c. Landscape Plan:
1. Plants and lawn areas.
2. Fences, walls, surface textures, screening materials.
5. Fee. The application fee shall be established by City Council
resolution.
6. Review of Application by the Design Review Committee.
a.
The Design Review Committee as established by this section,
shall review all applications. The Community Development
Director shall arrange with the applicant a time and place of
meeting between the applicant and the Design Review Committee
and the Committee shall make reports and recommendations for
each application to the Planning Commission and City Council.
b. Sign Permits. The Design Review Committee shall make a final
decision on the granting or denial of a sign permit after
seeking the recommendation of the Community Development
Director. The sign applicant or any party aggrieved by the
decision of the Committee has a right to appeal the decision
to the City Council, which shall sit as a Board of Adjustment
and Review.
7. Consideration in Review of Application. The consideration of the
Design Review Committee shall include, but not be limited to:
a. Consideration relating to site layout:
1. The orientation and location of buildings and open spaces
in relation to the physical characteristics of the site,
the character of the neighborhood and the appearance and
harmony of the buildings with adjacent development.
b. Consideration related to architectural character:
1.
2.
The suitability of the building for the intended purpose.
The consistency of the applications design with approved
design guidelines.
The compatibility of the character of the design with
adjacent development.
3.
Zoning Page 91
Subdi visior_ 2&
c. Consideration relating to landscaping:
1.
The location, height and material of walls, fences,
hedges, trees and screen plantings to enure harmony with
adjacent development or to conceal areas, utility
installations or other unsightly development.
The planting of ground cover or other landscape surfacing
to prevent dust and erosion.
The preservation of healthy mature trees.
Usable open space in terms of quantity and quality of
landscaping.
2.
3.
4.
d. Consideration relating to outdoor advertising:
1. The number, location, color, size, height, lighting and
landscaping of outdoor advertising signs and structures
in relation to the creation of traffic hazards and the
appearance and harmony with adjacent development.
e. Consideration relating to traffic circulation, safety and
congestion.
f. Consideration relating to drainage:
1. The effect of the site development plans on the adequacy
of the storm and surface water drainage to both the site
and adjacent property.
2. Connection with existing drainage system.
g.
Consideration of the historical structures, vistas, sites and
the impact of development on these resources.
h. Special design guidelines for areas or districts of the City
officially adopted by the City Council.
8. Conditions: The Planning Commission shall consider the
recommendations from the Design Review Committee and recommend the
project for approval or disapproval to the City Council. The City
Council shall make a final decision on granting the design approval.
The granting of the design permit approval may indicate such
conditions as the Council deems reasonable and necessary to carry
out the intent of this chapter and the Zoning Ordinance.
9. Findings and Decisions: Upon finding by the City Council that the
application, subject to any conditions imposed will:
a. Secure the purpose of the Zoning Ordinance, Comprehensive Plan
and the Heritage Preservation Ordinance found in Section 22.10
of the Stillwater City Code.
The City Council shall approve design permits subject to such
conditions as it deems necessary or otherwise deny the application.
10.
Time Limitations on Approval. If any development for which design
review has been granted is not established within one year from the
date of Council approval, the approval shall be deemed automatically
revoked unless extended in response to written extension request by
Zoning Page 92
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Subdivision 30
the City Council.
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11.
Conformance to Approval and Site Supervision. The Community
Development Director shall perform site supervision as a part of the
building permit procedure for which design permits have been granted
and the Community Development Director shall follow through to ensure
that all provisions and conditions of the design approval are
complied with.
12. Revocation. The City Council may, after holding a public hearing,
revoke or amend a design permit approval for either of the following
reasons:
a. That the approval of the permit was based on false information
submitted by the applicant.
b. That the permit is being exercised contrary to the terms or
conditions of approval or in violation of the Zoning Ordinance.
Subd. 30. ADMINISTRATION AND ENFORCEMENT
1. Administration Official. Except as otherwise provided in this
ordinance, the Community Development Director shall be charged with
responsibility of administration and enforcement hereof.
2.
Compliance. No land shall be occupied or used and no building
erected, altered or extended, nor shall the use of such land or
building be changed, nor shall any building permi t be issued
therefore, until the Community Development Director has certified
that the same complies with all applicable provisions of this
ordinance.
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3. Matter Accompanying Application. In addition to all matters that
are required to be submitted with applications for building permits
by other ordinances, there shall be submitted two copies of a layout
or plot plan, drawn to scale, showing the actual dimensions of the
lot to be built upon, the exact size and location on the lot of the
building and accessory buildings to be erected and such other
information as the building inspector may require in order to
determine and provide for the administration and enforcement hereof.
4. Special Use Permits, Variances and Certificates of Compliance.
a.
All applications for special permits and for variances shall
be in writing on forms prescribed by the Community Development
Director and shall be filed in the office of such official.
The Community Development Director, shall upon receipt of any
such application, forthwith transmit same together with any
other evidence or information relative thereto, to the City
clerk who shall place same on the agenda of the next regular
meeting of the City Council. At such meeting, the City Council
shall set a date for hearing on said application and shall
direct the City clerk to give notice thereof, which notice
shall be published at least once in the official newspaper of
the City and mailed to all known property owners within 300
feet of the outer boundaries of the property affected at least
ten (10) days prior to the date of said hearing and shall set
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Zoning Page 93
Subdivision 30
forth the time and place of said hearing as well as a general
statement of the nature and purpose thereof and a description
of the property involved. If the City Council should determine
that permit or variance applied for is such as may affect the
regulation and control of the future physical development of
the City, it may also direct that said application be referred
to the Planning Commission with the request that said
Commission submit its advisory opinion relative thereto prior
to the date of said hearing. No application for a special use
permit, conditional use permit or variance shall be granted
until the applicant has paid to the City treasurer all fees
or costs provided for in 31.01 Subd. 30(4)(b}.
b. Fees. No application for a special use permit, conditional
use permit or variance shall be granted until the applicant
has paid to the City treasurer the fees set forth below, plus
the publication cost of any required public notice. All sums
shall be credited to the general fund of the City.
1. Variance. For all zoning districts the fee shall be $50.
2. Special Use or Conditional Use Permits.
a. For RA-Single Family and RB-Two Family Districts
the fee shall be $50.
b.
For RCM-Medium Density Family, RCL-Low Density
Family, RCH-High Density Family, CA-General
Commercial,IA-GeneralLightIndustrial,IB-General
Heavy Industrial the fee shall be $150.
c. For BP-C Business Park Commercial, BPC-O Business
Park Office and BP-I Business Park Industrial, the
fee shall be $150.00, plus monetary deposit of
$200.00 to cover the cost of engineering or legal
review. Any amount remaining after costs have been
paid will be refunded to applicant. If the deposit
is not sufficient the applicant must submit an
additional amount before the use permit will be
issued.
D. In case of applications submitted after the
development or any substantial portion of the
development has begun, the fee shall be double
those stated above.
c. For all Conditional Use Permits, Variances and Certificates
of Compliance the following shall be submitted:
1.
2.
3.
Application form.
Application fee and monetary deposit.
A written description of the proposed use that describes,
among other things, the type of operation, number of
employees and customers and other pertinent information.
Property description and proof of ownership.
The application shall be accompanied by twelve (12) sets
of development plans of the proposed use showing such
4.
5.
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Subdivision 30
information as may be necessary if desirable, including,
but not limited to those listed below.
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a.
Site plan drawn to scale illustrating the
following:
1. Outline of parcel
2. Location and dimensions of all proposed
buildings.
3. Adjacent streets, curb cuts, driveways,
access roads, parking spaces, off-street
loading areas, sidewalks, trash storage
areas, etc.
4. Location of all existing and proposed
utilities.
5. Location of any proposed signs.
6. Parking lot design. Specifications for
curbing and paving along with contractors
estimates must be submitted.
7. Landscape plan. The following must be
submitted:
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a.
Location, size and species of all
existing and proposed trees and shrubs.
Location and type of groundcovers.
Planting details for trees and shrubs
that indicate the methods of planting
and staking.
The spacing of all shrubs and trees.
Location and contraction details of
all fences, sidewalks and planting
islands.
Written contractor estimates on the
cost including installation of all
plantmaterials,groundcoversandother
landscape features.
b.
c.
d.
e.
f.
8. A grading and drainage plan that indicates
the elevations of all buildings and the
parking lot and illustrations that storm
water will be sufficiently disposed. The
grading and drainage plan will be reviewed
by the engineer.
9. Dimensioned plans drawn to scale for all
proposed buildings to include:
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10.
a. Floor plans
b. Elevations
c. Type of construction
d. Type of exterior siding and roofing
materials.
For all developments that include a sign of
any type, submit a sign sketch to include:
a. Dimensions
Zoning Page 95
Subdivisio~ ~Q
b.
Square footage
Type of material
Method of support
Message
Location
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c.
d.
e.
f.
11. An irrevocable letter of credit, performance
bond or escrow deposit may be required by
the Community Development Director to insure
compliance with the Conditional Use Permit
or Special Use Permit. The amount of the
financial security is equal to 125 percent
of the site improvements.
5. Conditions of Approval. In granting any special use permit or
variance, the City Council may prescribe any conditions deemed
necessary to or desirable for the public interest; however, no such
permit shall be granted unless it is found that the use for which
such permit is sought will not be injurious to the neighborhood or
otherwise detrimental to the public welfare and will be in harmony
with the general purpose of this ordinance. In making such findings,
the Council shall consider:
a.
The character and use of both adjoining and proximate land and
buildings.
The amount of traffic to be generated by the proposed use and
the hours during which said traffic will generally be
generated.
The amount of noise, odor and/or glare which would emanate
from the proposed use.
The need for the screening of parking, loading, storage areas
and other outdoor activities of the proposed use.
Air pollution control and solid waste storage and disposal
measures.
Other factors and conditions deemed to be important in the
consideration of the request for a special permit.
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b.
c.
d.
e.
f.
6. Variances. The City Council may vary or adopt the strict application
of any of the requirements of this ordinance in the case of
exceptionally irregular, narrow, shallow or steep lots, or other
exceptional physical conditions whereby such strict application would
result in practical difficulty or unnecessary hardship so as to
deprive the owner of the reasonable use thereof; and in granting such
variance, may prescribe any conditions deemed necessary to or
desirable for the public interest; however, no variance shall be
granted unless it is found that:
a.
There are special circumstances or conditions, fully described
in the findings, applying to the land or building for which
the variance is sought, which circumstances or conditions are
peculiar to such land or buildings and do not apply generally
to land or buildings in the neighborhood, and that said
circumstances or conditions are such that the strict
application of the provisions of this ordinance would deprive
the applicant of the reasonable use of such land or buildings.
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b.
For reasons set forth fully in the findings, the granting of
the variance is necessary for the reasonable use of the land
or buildings and that the same is the minimum variance that
will accomplish such purpose.
c. The granting of the variance will be in harmony with the
general purpose and intent of this ordinance and will not be
injurious to the neighborhood or otherwise detrimental to the
public welfare. In addition to considering the character and
use of adjoining land and buildings and those in the vicinity,
in making such findings, the City Council shall take into
account the number of persons residing or working in such
buildings or upon such land and traffic conditions in the area
among other considerations.
7. Certificate of Compliance for Business Park Districts.
a. The Community Development Director shall issue a certificate
of compliance in any district for a proposed use listed in the
Business Park (BP-C, BP-O, BP-C) Districts as a use which must
obtain a certificate of compliance prior to the issuance of
a building permit if the proposed use will not be contrary to
the provisions of this ordinance and that other codes and
ordinances have been fully complied with.
b.
Conditions required by this ordinance shall be applied to the
issuance of the certificate of compliance and a periodic review
of the certificate and proposed use may be required. The
certificate shall be granted for a particular use and not for
a particular person or firm.
c. The Community Development Director shall maintain a record of
all certificates of compliance issued including information
on the use, location and conditions imposed as part of the
permi t such as time limits, review dates and such other
information as may be appropriate.
d. Whenever this ordinance requires a certificate of compliance,
an application therefore, in writing, shall be filed with the
Zoning Administrator.
e. The application shall be accompanied by development plans of
the proposed use showing such information as required in Subd.
30 ( 4 ) (b) .
f. The Zoning Administrator shall issue or deny the certificate
of compliance within ten (10) days of the date on which all
of the required information has been submitted.
g. If no such action on the request for a certificate of
compliance is taken within such time, the request for a
certificate of compliance shall be considered denied.
h.
If the request for a certificate of compliance is denied or
if conditions are imposed, the applicant may appeal the
decision to the City Council. The procedures to be followed
in this case shall be the same as those followed for an appeal
Zoning Page 97
Subdi visioft 30 ..
of any administrative decisions made by the Zoning
Administrator.
8.
Special Council Review, Variances. Notwithstanding the provisions
of the immediately foregoing Subd. 4 above, the City Council may
proceed to hear and grant applications for special permits and
variances without prior notice of any kind in cases where it shall
appear to the Council that substantial property rights of others are
not involved and that such action is not inconsistent with the
general purpose of this ordinance.
9. Life of Special Use Permits and Variances.
a. EXPIRATION
1. Each approved Variance or Use Permit shall expire and
become null and void twenty-four (24) months from the
date on which it is approved unless substantial physical
improvements have been made to the property in reliance
on the Permit or Variance within that time.
2. A Variance runs with the land unless otherwise specified
as a condition of approval. Once exercised, a variance
remains in effect.
3.
An approved Use Permit is transferrable to future owners
of the subject property unless prohibited in the
conditions of Permit approval.
4. Any Use Permit which has been exercised shall expire and
become void where the use has ceased for a period of
twelve (12) consecutive months, whether or not it is the
intent of the owner to abandon the use.
b. EXTENSION OF PERMITS
Any Use Permit may be extended for an additional period not
c. REVOCATION OF PERMITS
Where the conditions of approval of a Permit have not been met
or are not complied with, the City Council shall give notice
to the permittee, which notice shall specify a reasonable
period of time within which to perform the conditions and
correct the violations. If the permittee fails to comply with
the conditions, or correct the violation within the time
allowed, notice shall be given to the permittee of intention
to revoke the Permit at a hearing to be held not less than ten
(10) calendar days after the date of the notice. Following
the hearing and, if good cause exists therefore, the City
Council may revoke such Permit.
10. RESUBMITTAL OF DENIED, REVOKED OR WITHDRAWN APPLICATIONS
When any Permit is denied or revoked, no new application for the
same, or substantially the same project, may be filed for a period
of one (1) year from date of the denial or revocation. Where an
Zoning Page 98
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Subdivision 30
application has been denied without prejudice, or withdrawn,
application of the same or substantially the same project may be
filed within the period of one (1) year.
11.
Appeals. Any person, firm or corporation claiming to be aggrieved
by any decision of the Community Development Director under the
provisions of this ordinance may appeal the decision to the City
Council.
12. Amendments. The City Council may from time to time on its own
motion, on petition or on recommendation of the Planning Commission,
supplement or repeal any of the provisions of this ordinance;
provided that not less than ten (10) days prior to the second reading
of any amending ordinance which would affect a rezoning a notice
stating the general nature of such proposed amendment, the property
affected thereby and the time of such second reading, shall be
published in the official newspaper of the City.
13 . Penal ties. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction
shall be punished by a fine of not more than $100 or by imprisonment
in the county jail for not more than 90 days.
Zoning Page 99
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Affidavit of Publication
e
THE COURIER
STATE OF MINNESOTA
)
)ss.
)
COUNTY OF WASHINGTON
Robert liberty , being duly sworn, on oath says that he is the publisher or authorized agent and
employee 01 the publisher olth"e newspaper known as The Courier, and has lull knowledge 01 the faels
which are stated below:
(A) The newspaper has complied with all 01 the requirements constituting qualification as a
qualilied newspaper, as provided by Minnesota Statue 331A.02, 331A.Ol, and other applicable laws, as
amended.
CITY OF STILLWATER
(B) The prlnted--m.------.____.___ __.. .._______.000 ___.mm_.___. ____000._._______ .__.___....___________.......___
.m----m---.--m--.--m.-mT~~~__.~._~X_g.f.__QI~p._nifM'!g~__NQ:___}1~_.....
-- -- --- ---... --- -- --- -.. -.... -... -..--- -...._- -- -- ----- --- -- --- ---- ---..... ----- ..-- -- -.. --- -- --.. -------.... ----.. ....... --- ---- -.. ....... -..--- -- ...---- ......--..
which Is attached was cutlrom the columns 01 said newspaper, and was printed and published once
each week, lor..-1----------successive weeks; It was first pUblished on-..Th~J;:~s.~Y., the J.~_t..__
day ol---b.~g-~~~ 19-2.1..__, and was the rea her printed and published on every-.....-m-------..-lo
e
and Including the-m-.--mday 01 .---.-.---..----.--, 19----000-; and printed below Is a copy 01 the lower
case alphabetlrom A to Z, both Inclusive, which Is hereby acknowledged as being the size and kind 01
type used In the composition and publication olll1e notice:,
abcdelghljklmnopqrstuvwxyz . /) /) ,i ~-/, 1/ A',p
~~~ L~
Subscribed and swom to belore me on this
.--J.~~.day Olm~."'.L~.~_;.k__..__m__._,
19-~--\-- .
^^^^^^^^A^^A^AA~
~ SUSAN C. ~(i)~~CK~;~ ~
~~ ~" Notary Public - ~\~l,~~t",?ta t
. ' '" Washington \J~'V"! >-
~.~:__t~ ""~' ~*~~~~to~~~~~~~~
........ -.. -.... -.. -- ----..... --.. -- -.. --- --..... --- -- -. -.. ....... -...... ---.......... ...... --..- ............... --- -- -.. --..-....- --...... -.. --.. .....-- ---
RATE INFORMAllON
(1) Lowest classified rate paid by com-
mercial users lor comparable space.
(2) Maximum rate allowed by law lor the
above matter
$-___L(o..r_~
(line, word, or Inch rate)
$-._.J..o_, ~ 0
(lbe, word, or Inch rate)
$-....iO~.sO'_
(line, word, or Inca rate)
(3) Rate actually charged lor the above
matter
It
Received Payment.....-------........... 19.....-...
The Courier
By--- ___._000-.._.__..__..__000.___.__.__...
The Courier New. "..,.,. '11tt
TtTLI ~,IIfP' ,SUM""'" QF
'~ENQ.744
~
. An ordlnarlee8l'll4!hding the Stillwa.,- City.'
Code..~ 31,ZIIiI:J.g. ,
StJUMARV OF ORDINANr's.
Ordinance No. 744 rearranges' and rllCOdl~
lies the Zdn/nt Ordinance Into a comprehen-
sive and read.able documentSlnc:e ,'the,
Ordinance In lIS form ~..lhe adoPlionof~,
Ord~tItId ~ adopted In a peaoeme81
lashion and certain requirements that should '
have CQl'Tle under the heading of Zonint
OrdinanCe had been contained" in other
sections of the CltyCocIe, this Comprehenslvt
update was necessary. No s"s18ntive
addit/on& . to the Zoning Ordinance wert-
Incorpcll'llted into the Zoning Ordinance by this '
changathat were' not already CCll1talned ,11\
variou~ portions, of the City Code. ,";
A printed copy of Orclinance No. 744 is &vallo-
able for inspection by any person during thla'.
regular office hours of the City Clerk and, a COW
of the On:Iinance Is available lor Inspec:tion lit
the Stillwater. Public: Library.
~~ by the City COI!flCil this 23rd d.,
of July , 1991. .
1$/ M!lwl au Johnson
MarYt.ouJohnson
SliI/WatetCity Clerk
&If'.
l-
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Affidavit Of Publication
e
THE COURIER
STATE OF MINNESOTA
)
).
)
COUNTY OF WASHINGTON
Robert liberty, being duly sworn, on oath says that he is the publisher or authorized ag8ntand
employee 01 the publisher olth"e newspaper known as The Coyrler, and has lull knowledge of the faell!
which are stated below:
(A) The newspaper has complied with all 01 the requirements constituting qualification .. a
qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laWs, al
amended.
CITY OF STILLWATER
(B) The prlnted---.-------....---.--......-.___.........._:.....____.__.......~_.__.......__..__......_.............
NOTICE OF PUBLIC HEARING
.......... ..-- --.... ............. __ _........ _.....", ...__ _........... 00... ......._....... .......... ..__..... ............. _... _..... .............._.... __........ .._.. ..................... ...... __ ..... ........ _..___ _...__..___ __.._ _........._.......
Case No. ZAT/91-1
..---....-.............--.....................--........-......----......----.................--.................................................---....--...........--.............-......-.................................--......--.......
which Is attached was cutlrom the columns 01 said newspaper, and was printed and published once
1 . , Thursday 6th
each week, lor--...._..--_.--successlve weeks; It was first published on---.-...---...-.--., the _._...._
June 91 .
day 01---......-.--.--, 19-.....-.-, and was thereafter printed and published on every-......---...-....~to
e
and Including the-.--..-...-day 01 .--.-...-.--.-....--, 19--.m-.; and printed below Is a copy 01 the lower
1!
. case alphabetlrom A to Z, both Inclusive, which Is hereby acknowledged as being the size and kind of '
type used In the composition and publication J) the ;oti~e; /) \, ..fl- 11
abcdelghijklmnopqrstuvwxyz BY:~t/.~-~
TITLE: Publ'lSher
Subscribed and swam to belore me on this
..~~~ay Olm-~~_0..~__...._.__......,
19.=Um.
..
~__L_:.~_.. _
Notary Public
..........---...---....--.......-.....------..............----....---..-.........-----....---.......-----..........................---.......-.....-................--..---..
RATE INFORMAllON
(1) Lowest classified rate paid by com.
mercial users lor comparabla space.
s.----~-.3.-L_
(LIne, word. or Inch rare)
S--$. , ;2. S' __
(lre, word, or Inch rate)
s---S-~-~ _S"__
(Line, word, or Inte rare)
(2) Maximum rate allowed by law lor the
above matter
(3) Rate actually charged lor the above
matter
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Received Payment-m-m..-..-.---..... 19--.--....
The Courier
By........ ..- --. .---....... ------ ...... --.--
t
TbeCourIer Nlrwe.' June6."."
NOTICE9FPU8i.1C .... ..
'ZONING ~.. 'MEHDMllft"
NOTJCE,JSHEAE8V.QlVEN'''-tlty"~,,
'ell of the CiW OfS1l1"'ater, Min~.WilI.'*t
on TuesdaY, June 1', 1.991 at 7:CIQeM..IOJbt
Council Chambers of City Hall to ~sider It
Colllprel\en$ive Amendment.Of me, ~f!lll'l9 Qr-
dtnartoli,iridf,Idlng ~MdI~i~
~"'_ ~icaIlonS,wi\tl.,.~~ .....
Ord,imlncie lrQrrtother~,of'm.'~.'"
CltyotStlllweJer,~ea.*;ZAT~1'1;
AM personswll!hlrlfl. to be m,tard wItl\ referlmCe
.tf.iis nlqUest1ll1illbt lMlard at!hill~.
, . ., ' ~Lo\.t.John8Cltl
. CIty eterk" '
.
..
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TITLE AND SUMMARY OF
ORDINANCE NO. 744
TITLE:
An ordinance amending the Stillwater City Code, Chapter 31,
Zoning.
SUMMARY OF ORDINANCE:
Ordinance No. 744 rearranges and recodifies the Zoning
Ordinance into a comprehensive and readable document. Since the
Ordinance in its form before the adoption of this Ordinance had
been adopted in a peace meal fashion and certain requirements
that should have come under the heading of Zoning Ordinance had
been contained in other sections of the City Code, this
comprehensive update was necessary. No substantive additions to
the Zoning Ordinance were incorporated into the Zoning Ordinance
by this change that were not already contained in various
portions of the City Code.
A printed copy of Ordinance No. 744 is available for
inspection by any person during the regular office hours of the
City Clerk and, and a copy of the Ordinance is available for
inspection at the Stillwater Public Library.
Authorized by the City Council this 23rd day of July, 1991.
I
1-(. -<. ~.""-./
Publish: August 1, 1991