CITY OF WAYZATA
Zoning Ordinance
Chapter 801
of the City Code
Adopted 1/8/1992
Last Amended 10/18/2016
Subject to Change
It is your responsibility to contact Staff for changes made since
last update
Table of Contents
Chapter 801
SECTION 1
TITLE AND APPLICATION _________________________________________________ 1-1
SECTION 801.01: __________________________________________________________ 1-1
801.01:
SHORT TITLE: __________________________________________________ 1-1
801.01.1: PURPOSE:______________________________________________________ 1-1
801.01.2: INTENT: _______________________________________________________ 1-1
801.01.3: RELATION TO COMPREHENSIVE MUNICIPAL PLAN:_______________ 1-1
801.01.4: STANDARD REQUIREMENTS: ___________________________________ 1-2
801.01.5: CONDITIONAL USES: ___________________________________________ 1-3
801.01.6: MONUMENTS: _________________________________________________ 1-3
801.01.7: USES NOT PROVIDED WITHIN ZONING DISTRICTS: ________________ 1-3
801.01.8: SEPARABILITY: ________________________________________________ 1-3
801.01.9: SCHEDULES OF ADMINISTRATIVE FEES, CHARGES AND
EXPENSES: ____________________________________________________ 1-3
801.01.10: AUTHORITY: __________________________________________________ 1-4
801.01.11: COMPREHENSIVE REVISION: ___________________________________ 1-4
SECTION 2
RULES AND REGULATIONS ________________________________________________ 2-1
SECTION 801.02: __________________________________________________________ 2-1
801.02.1: RULES OF WORD CONSTRUCTION: ______________________________ 2-1
801.02.2: DEFINITIONS: __________________________________________________ 2-1
SECTION 3
ADMINISTRATION - AMENDMENTS (TEXT AND MAP) _______________________ 3-1
Section 801.03: ____________________________________________________________ 3-1
801.03.1: AMENDMENTS TO ZONING ORDINANCE: _________________________ 3-1
801.03.2: PROCEDURE: __________________________________________________ 3-1
801.03.3: AMENDMENTS - INITIATION: ____________________________________ 3-4
SECTION 4
ADMINISTRATION - CONDITIONAL USE PERMITS __________________________ 4-1
Section 801.04: ____________________________________________________________ 4-1
801.04.1: PURPOSE:______________________________________________________ 4-1
801.04.2: PROCEDURE: __________________________________________________ 4-1
801.04.3: APPLICATION: _________________________________________________ 4-4
801.04.4: INFORMATION REQUIREMENT: _________________________________ 4-4
801.04.5:
801.04.6:
801.04.7:
801.04.8:
AMENDED CONDITIONAL USE PERMITS: _________________________ 4-5
LAPSE OF APPROVAL: __________________________________________ 4-5
PERFORMANCE SECURITY: _____________________________________ 4-6
INITIATION: ___________________________________________________ 4-6
SECTION 5
ADMINISTRATION - VARIANCES ___________________________________________ 5-1
Section 801.05: ____________________________________________________________ 5-1
801.05.1: GENERAL PROVISIONS AND STANDARDS: _______________________ 5-1
801.05.2: PROCEDURES: _________________________________________________ 5-3
801.05.3: LAPSE OF VARIANCE: __________________________________________ 5-7
801.05.4: PERFORMANCE SECURITY: _____________________________________ 5-7
SECTION 6
ADMINISTRATION - APPEALS _____________________________________________ 6-1
Section 801.06: ____________________________________________________________ 6-1
801.06.1: BOARD DESIGNATION: _________________________________________ 6-1
801.06.2: APPLICABILITY: _______________________________________________ 6-1
801.06.3: FILING: ________________________________________________________ 6-1
801.06.4: STAY OF PROCEEDINGS: ________________________________________ 6-1
801.06.5: PROCEDURE: __________________________________________________ 6-1
801.06.6: APPEALS FROM THE BOARD OF ADJUSTMENT AND APPEALS: _____ 6-1
SECTION 7
ADMINISTRATION - CERTIFICATE OF OCCUPANCY ________________________ 7-1
Section 801.07: ____________________________________________________________ 7-1
801.07.1: CERTIFICATE REQUIRED: _______________________________________ 7-1
801.07.2: APPLICATION: _________________________________________________ 7-1
SECTION 8
ENFORCEMENT AND PENALTIES __________________________________________ 8-1
Section 801.08: ____________________________________________________________ 8-1
801.08.1: ADMINISTRATION AND ENFORCEMENT: _________________________ 8-1
801.08.2: PENALTIES, VIOLATIONS, AND ENFORCEMENT: __________________ 8-1
SECTION 9
DESIGN REVIEW STANDARDS _____________________________________________ 9-1
Section 801.09: ____________________________________________________________ 9-1
801.09.1: PURPOSE:______________________________________________________ 9-1
801.09.2: BUILDING USES: _______________________________________________ 9-3
801.09.3: BUILDING RECESSES: __________________________________________ 9-4
801.09.4:
801.09.5:
801.09.6:
801.09.7:
801.09.8:
801.09.9:
801.09.10:
801.09.11:
801.09.12:
801.09.13:
801.09.14:
801.09.15:
801.09.16:
801.09.17:
801.09.18:
801.09.19:
801.09.20:
801.09.21:
BUILDING WIDTH: _____________________________________________ 9-4
UPPER STORY SETBACKS: ______________________________________ 9-4
ROOF DESIGN: _________________________________________________ 9-5
SCREENING OF ROOFTOP EQUIPMENT: __________________________ 9-5
FAÇADE TRANSPARENCY: ______________________________________ 9-5
GROUND LEVEL EXPRESSION: __________________________________ 9-6
ENTRIES: ______________________________________________________ 9-6
BUILDING MATERIALS AND QUALITY: __________________________ 9-6
FRANCHISE ARCHITECTURE: ___________________________________ 9-9
WALKWAYS: __________________________________________________ 9-9
LANDSCAPING: ________________________________________________ 9-9
PARKING LOT LANDSCAPING: _________________________________ 9-10
SURFACE PARKING: ___________________________________________ 9-10
PARKING STRUCTURES: _______________________________________ 9-12
SIGNS:________________________________________________________ 9-12
PARKING LOT AND BUILDING LIGHTING: _______________________ 9-14
DESIGN REVIEW PROCESS:_____________________________________ 9-14
DEVIATIONS FROM THE DESIGN STANDARDS: __________________ 9-17
SECTION 10
ADMINISTRATION - PLANNING COMMISSION _____________________________ 10-1
Section 801.10: ___________________________________________________________ 10-1
801.10.1: ESTABLISHMENT: _____________________________________________ 10-1
801.10.2: FUNCTIONS: __________________________________________________ 10-1
801.10.3: RECORDS: ____________________________________________________ 10-1
SECTION 11
HERITAGE PRESERVATION ______________________________________________ 11-1
Section 801.11: ___________________________________________________________ 11-1
SECTIONS 12 THROUGH 14
(RESERVED FOR FUTURE USE)
SECTION 15
NON-CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS ___________ 15-1
Section 801.15 ____________________________________________________________ 15-1
801.15.1: PURPOSE:_____________________________________________________ 15-1
801.15.2: PROVISIONS:__________________________________________________ 15-1
SECTION 16
GENERAL BUILDING AND PERFORMANCE REQUIREMENTS _______________ 16-1
Section 801.16 ____________________________________________________________ 16-1
801.16.1:
801.16.2:
801.16.3:
801.16.4:
801.16.5:
801.16.6:
801.16.7:
801.16.8:
801.16.9:
801.16.10:
801.16.11:
801.16.12:
801.16.13:
801.16.14:
801.16.15:
801.16.16:
801.16.17:
801.16.18:
801.16.19:
PURPOSE: ____________________________________________________ 16-1
DWELLING UNIT RESTRICTION: _______________________________ 16-1
PLATTED AND UNPLATTED PROPERTY: ________________________ 16-2
GRADING AND DRAINAGE: ____________________________________ 16-2
TRAFFIC SIGHT VISIBILITY TRIANGLE: _________________________ 16-3
GLARE: ______________________________________________________ 16-3
SMOKE: ______________________________________________________ 16-3
DUST AND OTHER PARTICULATED MATTER: ___________________ 16-3
ODORS: ______________________________________________________ 16-3
NOISE: _______________________________________________________ 16-3
REFUSE: _____________________________________________________ 16-4
EXTERIOR STORAGE/DISPLAY: ________________________________ 16-4
SEWAGE DISPOSAL: __________________________________________ 16-4
WASTE MATERIAL: ___________________________________________ 16-4
BULK STORAGE (LIQUID): _____________________________________ 16-5
RADIATION EMISSION: ________________________________________ 16-5
ELECTRICAL EMISSION: _______________________________________ 16-5
BUILDING SECURITY: _________________________________________ 16-5
SALES IN RESIDENTIAL AREAS: _______________________________ 16-5
SECTION 17
ACCESSORY BUILDINGS, STRUCTURES, USES AND EQUIPMENT ___________ 17-1
Section 801.17 ____________________________________________________________ 17-1
801.17.1: SINGLE FAMILY DETACHED USES: _____________________________ 17-1
801.17.2: GARAGES WITH ALLEY ACCESS: _______________________________ 17-2
801.17.3: SIZE: _________________________________________________________ 17-2
801.17.4: SETBACKS: ___________________________________________________ 17-2
801.17.5: TIME OF CONSTRUCTION: _____________________________________ 17-2
801.17.6: BUILDING MATERIALS: ________________________________________ 17-2
801.17.7: TRASH RECEPTACLES: ________________________________________ 17-2
801.17.8: CONDITIONAL USE PERMITS: __________________________________ 17-3
801.17.9: OPT-OUT OF MINNESOTA STATUTES, SECTION 462.3593: _________ 17-3
SECTION 18
FENCING/SCREENING ____________________________________________________ 18-1
Section 801.18: ___________________________________________________________ 18-1
801.18.1: FENCE REGULATIONS: ________________________________________ 18-1
801.18.2: GENERAL LANDSCAPING AND MAINTENANCE: _________________ 18-4
801.18.3: REQUIRED FENCING, SCREENING AND LANDSCAPING: __________ 18-4
801.18.4: SCREENING OF MECHANICAL EQUIPMENT: _____________________ 18-7
SECTION 19
GENERAL YARD, LOT AREA AND BUILDING REGULATIONS _______________ 19-1
Section 801.19: ___________________________________________________________ 19-1
801.19.1: PURPOSE:_____________________________________________________ 19-1
801.19.2: HEIGHT REQUIREMENTS: ______________________________________ 19-1
801.19.3: BUILDING TYPE AND CONSTRUCTION: _________________________ 19-2
801.19.4: YARDS:_______________________________________________________ 19-3
801.19.5
RESIDENTIAL STANDARDS IN NON-RESIDENTIAL DISTRICTS: ____ 19-4
801.19.6: MINIMUM FLOOR AREA PER DWELLING UNIT: __________________ 19-4
801.19.7: MINIMUM LOT AREA PER UNIT: ________________________________ 19-5
801.19.8: USABLE OPEN SPACE: _________________________________________ 19-5
801.19.9: TWO FAMILY, TOWNHOUSE, QUADRAMINIUM, MANOR HOME,
MULTIPLE FAMILY USES: ________________________________________________ 19-6
801.19.10: MINIMUM LOT AREA, UNSEWERED LOTS: ______________________ 19-6
801.19.11: SINGLE FAMILY DWELLINGS: _________________________________ 19-7
801.19.12: ELEVATOR SERVICE: _________________________________________ 19-7
SECTION 20
OFF-STREET PARKING AND LOADING ____________________________________ 20-1
Section 801.20 ____________________________________________________________ 20-1
801.20.1: PURPOSE: ____________________________________________________ 20-1
801.20.2: SCOPE OF REGULATIONS: _____________________________________ 20-1
801.20.3: GENERAL PROVISIONS: _______________________________________ 20-1
801.20.4: OFF-STREET PARKING RESTRICTIONS: _________________________ 20-2
801.20.5: PARKING AREA LOCATION AND DESIGN: _______________________ 20-2
801.20.6: SCREENING AND LANDSCAPING: ______________________________ 20-6
801.20.7: MAINTENANCE: ______________________________________________ 20-6
801.20.8: OFF-STREET PARKING FACILITIES PROVIDED ON A SITE
ELSEWHERE THAN THE PRINCIPAL USE:________________________ 20-6
801.20.9: JOINT FACILITIES: ____________________________________________ 20-7
801.20.10: TRUCK LOADING AREAS, DESIGN AND MAINTENANCE: _________ 20-8
801.20.11: OFF-STREET PARKING AND LOADING REQUIREMENTS:__________ 20-9
801.20.12: C-4, C-4A AND C-4B PARKING REQUIREMENTS:_________________ 20-14
801.20.13: SPACE REDUCTIONS: _________________________________________ 20-15
SECTION 21
BUILDING RELOCATION _________________________________________________ 21-1
Section 801.21: ___________________________________________________________ 21-1
801.21.1: REVIEW PROCESS: ____________________________________________ 21-1
801.21.2: PERFORMANCE STANDARDS: __________________________________ 21-1
801.21.3: OCCUPANCY: _________________________________________________ 21-1
801.21.4: PERFORMANCE SECURITY: ____________________________________ 21-1
SECTION 22
SITE/BUILDING PLAN REVIEW____________________________________________ 22-1
Section 801.22: ___________________________________________________________ 22-1
801.22.1: PURPOSE:_____________________________________________________ 22-1
801.22.2: PLAN REQUIRED: _____________________________________________ 22-1
801.22.3: PLAN REVIEW/APPROVAL: _____________________________________ 22-1
801.22.4: PLAN AGREEMENTS: __________________________________________ 22-1
801.22.5: ENFORCEMENT:_______________________________________________ 22-1
SECTION 23
HOME OCCUPATIONS ____________________________________________________ 23-1
Section 801.23: ___________________________________________________________ 23-1
801.23.1: PURPOSE:_____________________________________________________ 23-1
801.23.2: APPLICATION: ________________________________________________ 23-1
801.23.3: PROCEDURES AND PERMITS:___________________________________ 23-1
801.23.4: REQUIREMENT-GENERAL PROVISIONS: _________________________ 23-2
801.23.5: NON-CONFORMING USE:_______________________________________ 23-3
801.23.6: INSPECTION: __________________________________________________ 23-4
SECTION 24
DAY CARE NURSERY FACILITIES _________________________________________ 24-1
Section 801.24: ___________________________________________________________ 24-1
801.24.1: PURPOSE:_____________________________________________________ 24-1
801.24.2: APPLICATION: ________________________________________________ 24-1
801.24.3: DECLARATION OF CONDITIONS: _______________________________ 24-1
801.24.4: SITE PLAN DRAWING NECESSARY: _____________________________ 24-1
801.24.5: GENERAL PROVISIONS: ________________________________________ 24-1
801.24.6: NON-CONFORMING USE:_______________________________________ 24-2
801.24.7: INSPECTION: __________________________________________________ 24-2
SECTION 25
BED AND BREAKFAST ESTABLISHMENTS _________________________________ 25-1
Section 801.25: ___________________________________________________________ 25-1
801.25.1: PURPOSE:_____________________________________________________ 25-1
801.25.2: PROVISIONS OF BED AND BREAKFAST ESTABLISHMENTS: _______ 25-1
801.25.3: PROVISIONS OF INN ESTABLISHMENTS: ________________________ 25-1
SECTION 26
(RESERVED FOR FUTURE USE)
SECTION 27
SIGNS____________________________________________________________________ 27-1
SECTION 27: ____________________________________________________________ 27-1
801.27.01: PURPOSE: ____________________________________________________ 27-1
801.27.02:
801.27.03:
801.27.04:
801.27.05:
801.27.06:
801.27.07:
801.27.08:
801.27.09:
801.27.10:
801.27.11:
PERMIT REQUIRED: ___________________________________________ 27-1
PERMIT FEES: ________________________________________________ 27-1
APPLICATION PROCEDURES: __________________________________ 27-1
GENERAL SIGN PROVISIONS: __________________________________ 27-2
PROHIBITED SIGNS: ___________________________________________ 27-4
ALLOWABLE SIGNS: __________________________________________ 27-4
PERMITTED SIGNS: ___________________________________________ 27-5
ADDITIONAL SIGN PERFORMANCE AND STANDARDS:___________ 27-6
NON-CONFORMING SIGNS: ____________________________________ 27-9
ABATEMENT: _______________________________________________ 27-10
SECTION 28
ESSENTIAL SERVICES ____________________________________________________ 28-1
Section 801.28: ___________________________________________________________ 28-1
801.28.1: PURPOSE:_____________________________________________________ 28-1
801.28.2: SPECIAL PERMIT REQUIRED: ___________________________________ 28-1
801.28.3: CITY APPROVAL REQUIRED: ___________________________________ 28-1
801.28.4: CONDITIONAL USE PERMIT REQUIRED: _________________________ 28-2
SECTION 29
MODEL HOMES __________________________________________________________ 29-1
Section 801.29: ___________________________________________________________ 29-1
801.29.1: PURPOSE:_____________________________________________________ 29-1
801.29.2: PROCEDURE: _________________________________________________ 29-1
801.29.3: SPECIAL REQUIREMENTS: _____________________________________ 29-1
SECTION 30
ANIMALS ________________________________________________________________ 30-1
Section 801.30: ___________________________________________________________ 30-1
801.30.1: KEEPING ANIMALS: ___________________________________________ 30-1
SECTION 31
COMMERCIAL TELECOMMUNICATIONS FACILITIES AND RESIDENTIAL
ACCESSORY COMMUNICATIONS DEVICES ________________________________ 31-1
Section 801.31: ___________________________________________________________ 31-1
801.31.1: PURPOSE AND INTENT: ________________________________________ 31-1
801.31.2: DEFINITIONS:_________________________________________________ 31-2
801.31.3: EXISTING TELECOMMUNICATIONS EQUIPMENT: ________________ 31-4
801.31.4: BUILDING AND DESIGN STANDARDS, ALLOWED LOCATIONS
FOR TELECOMMUNICATIONS FACILITIES, AND REQUIRED
PERMITS:_____________________________________________________ 31-5
801.31.5:
GENERAL STANDARDS FOR TELECOMMUNICATION
FACILITIES: __________________________________________________ 31-8
801.31.6: APPLICATIONS FOR TELECOMMUNICATIONS FACILITIES: ______ 31-14
801.31.7: REVOCATION OF PERMIT: ____________________________________ 31-17
801.31.8: NO RECOURSE AGAINST THE CITY: ___________________________ 31-17
801.31.9: INDEMNIFICATION: __________________________________________ 31-17
801.31.10: SEVERABILITY: ______________________________________________ 31-18
801.31.11: RESIDENTIAL ACCESSORY USES: _____________________________ 31-18
SECTION 32
PUBLIC PROPERTY/RIGHTS-OF-WAY _____________________________________ 32-1
Section 801.32: ___________________________________________________________ 32-1
801.32.1: COVERAGE: __________________________________________________ 32-1
801.32.2: LIABILITY: ___________________________________________________ 32-1
SECTION 33
PLANNED UNIT DEVELOPMENT __________________________________________ 33-1
Section 801.33: ___________________________________________________________ 33-1
801.33.1: PURPOSE:_____________________________________________________ 33-1
801.33.2: REQUIREMENTS, CONDITIONS AND STANDARDS FOR
APPROVING P.U.D. PERMITS _________________________________________ 33-2
801.33.3: RESIDENTIAL AREA STANDARDS: ______________________________ 33-5
801.33.4: NON-RESIDENTIAL PROJECT STANDARDS: ______________________ 33-6
801.33.5: CONCEPT PLAN: ______________________________________________ 33-6
801.33.6: GENERAL PLAN OF DEVELOPMENT: ___________________________ 33-10
801.33.7: FINAL PLAN STAGE: __________________________________________ 33-12
801.33.8: PUD PROGRESS EVALUATION: ________________________________ 33-13
801.33.9: AMENDMENT OF A PUD PERMIT: ______________________________ 33-13
801.33.10: GENERAL REQUIREMENTS: __________________________________ 33-13
SECTION 34
INTERIM USES ___________________________________________________________ 34-1
Section 801.34: ___________________________________________________________ 34-1
801.34.1: PURPOSE AND INTENT: ________________________________________ 34-1
801.34.2: PROCEDURE: _________________________________________________ 34-1
801.34.3: GENERAL STANDARDS: _______________________________________ 34-1
801.34.4: TERMINATION: _______________________________________________ 34-2
SECTION 35
ADULT USES _____________________________________________________________ 35-1
Section 801.35: ___________________________________________________________ 35-1
801.35.1: PURPOSE:_____________________________________________________ 35-1
801.35.2: ADULT USE-GENERAL: ________________________________________ 35-1
801.35.3: ADULT USES-PRINCIPAL: ______________________________________ 35-1
801.35.4:
ADULT USES-ACCESSORY: _____________________________________ 35-2
SECTION 36
TREE PRESERVATION ____________________________________________________ 36-1
Section 801.36: ___________________________________________________________ 36-1
801.36.1: PURPOSE AND INTENT: ________________________________________ 36-1
801.36.2: DEFINITIONS:_________________________________________________ 36-1
801.36.3: ESTABLISHMENT OF TREE PRESERVATION ZONE: _______________ 36-3
801.36.4: APPLICABILITY: ______________________________________________ 36-4
801.36.5: PROCESS: ____________________________________________________ 36-6
801.36.6: TREE PRESERATION PLAN: ____________________________________ 36-6
801.36.7: TREE PROTECTION: ___________________________________________ 36-8
801.36.8: TREE REPLACEMENT: _________________________________________ 36-8
801.36.9: FINANCIAL GUARANTEE: ____________________________________ 36-10
801.36.10: PENALTIES: _________________________________________________ 36-11
SECTIONS 37 THROUGH 49
(RESERVED FOR FUTURE USE)
SECTION 50
GENERAL ZONING DISTRICT PROVISIONS ________________________________ 50-1
Section 801.50: ___________________________________________________________ 50-1
801.50.1: ESTABLISHMENT OF DISTRICTS: _______________________________ 50-1
801.50.2: ZONING DISTRICT BOUNDARIES: _______________________________ 50-2
801.50.3: ZONING MAP: _________________________________________________ 50-2
801.50.4: ANNEXATIONS: _______________________________________________ 50-2
801.50.5: NEW DISTRICTS: ______________________________________________ 50-3
SECTION 51
R-1A LOW DENSITY SINGLE FAMILY ESTATE DISTRICT ___________________ 51-1
Section 801.51: ___________________________________________________________ 51-1
801.51.1: PURPOSE:_____________________________________________________ 51-1
801.51.2: PERMITTED USES: _____________________________________________ 51-1
801.51.3: INTERIM USES: ________________________________________________ 51-1
801.51.4: ACCESSORY USES: ____________________________________________ 51-1
801.51.5: CONDITIONAL USES: __________________________________________ 51-2
801.51.6: LOT AREA AND SETBACK REQUIREMENTS: _____________________ 51-3
801.51.7: LOT COVERAGE AND HEIGHT: _________________________________ 51-4
SECTION 52
R-1 LOW DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT_______________ 52-1
Section 801.52: ___________________________________________________________ 52-1
801.52.1:
801.52.2:
801.52.3:
801.52.4:
801.52.5:
801.52.6:
801.52.7:
PURPOSE:_____________________________________________________ 52-1
PERMITTED USE: ______________________________________________ 52-1
INTERIM USE: _________________________________________________ 52-1
ACCESSORY USES: ____________________________________________ 52-1
CONDITIONAL USES: __________________________________________ 52-2
LOT AREA AND SETBACK REQUIREMENTS: _____________________ 52-3
LOT COVERAGE AND HEIGHT: _________________________________ 52-4
SECTION 53
R-2A SINGLE FAMILY RESIDENTIAL DISTRICT ____________________________ 53-1
Section 801.53 ____________________________________________________________ 53-1
801.53.1: PURPOSE:_____________________________________________________ 53-1
801.53.2: PERMITTED USE: ______________________________________________ 53-1
801.53.3: INTERIM USE: _________________________________________________ 53-1
801.53.4: ACCESSORY USES: ____________________________________________ 53-1
801.53.5: CONDITIONAL USES: __________________________________________ 53-2
801.53.6: LOT AREA AND SETBACK REQUIREMENTS: _____________________ 53-3
801.53.7: LOT COVERAGE AND HEIGHT: _________________________________ 53-4
SECTION 54
R-2 MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT __________ _54-1
Section 801.54 ____________________________________________________________ 54-1
801.54.1: PURPOSE:_____________________________________________________ 54-1
801.54.2: PERMITTED USE: ______________________________________________ 54-1
801.54.3: INTERIM USE: _________________________________________________ 54-1
801.54.4: ACCESSORY USES: ____________________________________________ 54-1
801.54.5: CONDITIONAL USES: __________________________________________ 54-2
801.54.6: LOT AREA AND SETBACK REQUIREMENTS: _____________________ 54-3
801.54.7: LOT COVERAGE AND HEIGHT: _________________________________ 54-3
SECTION 55
R-3A SINGLE FAMILY RESIDENTIAL DISTRICT ____________________________ 55-1
Section 801.55: ___________________________________________________________ 55-1
801.55.1: PURPOSE:_____________________________________________________ 55-1
801.55.2: PERMITTED USES: _____________________________________________ 55-1
801.55.3: INTERIM USE: _________________________________________________ 55-1
801.55.4: ACCESSORY USES: ____________________________________________ 55-1
801.55.5: CONDITIONAL USES: __________________________________________ 55-2
801.55.6: LOT AREA AND SETBACK REQUIREMENTS: _____________________ 55-2
801.55.7: LOT COVERAGE AND HEIGHT: _________________________________ 55-3
SECTION 56
R-3 SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT ___________________ 56-1
Section 801.56: ___________________________________________________________ 56-1
801.56.1: PURPOSE:_____________________________________________________ 56-1
801.56.2: PERMITTED USES: _____________________________________________ 56-1
801.56.3: INTERIM USE: _________________________________________________ 56-1
801.56.4: ACCESSORY USES: ____________________________________________ 56-1
801.56.5: CONDITIONAL USES: __________________________________________ 56-2
801.56.6: LOT AREA AND SETBACK REQUIREMENTS: _____________________ 56-2
801.56.7: LOT COVERAGE AND HEIGHT: _________________________________ 56-3
SECTION 57
R-4A LOW DENSITY MULTIPLE RESIDENTIAL DISTRICT___________________ 57-1
Section 801.57: ___________________________________________________________ 57-1
801.57.1: PURPOSE:_____________________________________________________ 57-1
801.57.2: PERMITTED USES: _____________________________________________ 57-1
801.57.3: INTERIM USE: _________________________________________________ 57-1
801.57.4: ACCESSORY USES: ____________________________________________ 57-1
801.57.5: CONDITIONAL USES: __________________________________________ 57-2
801.57.6: LOT AREA AND SETBACK REQUIREMENTS: _____________________ 57-2
801.57.7: LOT COVERAGE AND HEIGHT: _________________________________ 57-3
SECTION 58
R-4 MEDIUM DENSITY MULTIPLE RESIDENTIAL DISTRICT ________________ 58-1
Section 801.58: ___________________________________________________________ 58-1
801.58.1: PURPOSE:_____________________________________________________ 58-1
801.58.2: PERMITTED USES: _____________________________________________ 58-1
801.58.3: INTERIM USE: _________________________________________________ 58-1
801.58.4: ACCESSORY USES: ____________________________________________ 58-1
801.58.5: CONDITIONAL USES: __________________________________________ 58-2
801.58.6: LOT AREA AND SETBACK REQUIREMENTS: _____________________ 58-2
801.58.7: LOT COVERAGE AND HEIGHT: _________________________________ 58-3
SECTION 59
R-5 AVERAGE DENSITY MULTIPLE RESIDENTIAL DISTRICT _______________ 59-1
Section 801.59: ___________________________________________________________ 59-1
801.59.1: PURPOSE:_____________________________________________________ 59-1
801.59.2: PERMITTED USES: _____________________________________________ 59-1
801.59.3: INTERIM USE: _________________________________________________ 59-1
801.59.4: ACCESSORY USES: ____________________________________________ 59-2
801.59.5: CONDITIONAL USES: __________________________________________ 59-2
801.59.6: LOT AREA AND SETBACK REQUIREMENTS: _____________________ 59-3
801.59.7: SCHEDULE OF ALLOWANCES:__________________________________ 59-4
801.59.8: LOT COVERAGE, HEIGHT AND BULK: ___________________________ 59-4
SECTIONS 60 THOUGH 69
(RESERVED FOR FUTURE USE)
SECTION 70
INS INSTITUTIONAL DISTRICT ___________________________________________ 70-1
Section 801.70: ___________________________________________________________ 70-1
801.70.1: PURPOSE:_____________________________________________________ 70-1
801.70.2: PERMITTED USES: _____________________________________________ 70-1
801.70.3: INTERIM USE: _________________________________________________ 70-1
801.70.4: ACCESSORY USES: ____________________________________________ 70-1
801.70.5: CONDITIONAL USES: __________________________________________ 70-2
801.70.6: LOT AREA AND SETBACK REQUIREMENTS: _____________________ 70-5
801.70.7: LOT COVERAGE AND HEIGHT REQUIREMENTS: _________________ 70-7
SECTIONS 71 THROUGH 73
(RESERVED FOR FUTURE USE)
SECTION 74
INS INSTITUTIONAL DISTRICT ___________________________________________ 74-1
Section 801.74: ___________________________________________________________ 74-1
801.74.1: PURPOSE: ____________________________________________________ 74-1
801.74.2: PERMITTED USES: ____________________________________________ 74-1
801.74.3: INTERIM USES: _______________________________________________ 74-2
801.74.4: ACCESSORY USES: ____________________________________________ 74-2
801.74.5: CONDITIONAL USES: __________________________________________ 74-2
801.74.6: YARD AND SETBACK REQUIREMENTS: _________________________ 74-3
801.74.7: LOT COVERAGE, HEIGHT AND BULK: __________________________ 74-3
SECTION 75
C-1 OFFICE AND LIMITED COMMERCIAL DISTRICT _______________________ 75-1
Section 801.75: ___________________________________________________________ 75-1
801.75.1: PURPOSE:_____________________________________________________ 75-1
801.75.2: PERMITTED USES: _____________________________________________ 75-1
801.75.3: INTERIM USE: _________________________________________________ 75-2
801.75.4: ACCESSORY USES: ____________________________________________ 75-2
801.75.5: CONDITIONAL USES: __________________________________________ 75-2
801.75.6: YARD AND SETBACK REQUIREMENTS: _________________________ 75-3
801.75.7: LOT COVERAGE, HEIGHT AND BULK: ___________________________ 75-3
SECTION 76
C-2 SHOPPING CENTER BUSINESS DISTRICT ______________________________ 76-1
Section 801.76: ___________________________________________________________ 76-1
801.76.1: PURPOSE: ____________________________________________________ 76-1
801.76.2: PERMITTED USES: ____________________________________________ 76-1
801.76.3: INTERIM USE: ________________________________________________ 76-3
801.76.4: ACCESSORY USES: ____________________________________________ 76-3
801.76.5: CONDITIONAL USES: __________________________________________ 76-3
801.76.6: SPECIAL LIMITATIONS AND CONDITIONS: _____________________ 76-10
801.76.7: HEIGHT, YARD AND LOT COVERAGE REQUIREMENTS: _________ 76-11
801.76.8: ADMINISTRATIVE PROCEDURE: ______________________________ 76-11
SECTION 77
C-3 SERVICE DISTRICT ___________________________________________________ 77-1
Section 801.77: ___________________________________________________________ 77-1
801.77.1: PURPOSE:_____________________________________________________ 77-1
801.77.2: PERMITTED USES: _____________________________________________ 77-1
801.77.3: INTERIM USE: _________________________________________________ 77-3
801.77.4: ACCESSORY USES: ____________________________________________ 77-3
801.77.5: CONDITIONAL USES: __________________________________________ 77-4
801.77.6: HEIGHT, SETBACK AND LOT COVERAGE REQUIREMENTS: ______ 77-13
SECTION 78
C-4 CENTRAL BUSINESS DISTRICT ________________________________________ 78-1
Section 801.78: ___________________________________________________________ 78-1
801.78.1: PURPOSE:_____________________________________________________ 78-1
801.78.2: PERMITTED USES: _____________________________________________ 78-3
801.78.3: INTERIM USE: _________________________________________________ 78-3
801.78.4: ACCESSORY USES: ____________________________________________ 78-3
801.78.5: CONDITIONAL USES: __________________________________________ 78-3
801.78.6: SPECIAL LIMITATIONS AND CONDITIONS: ______________________ 78-7
801.78.7: HEIGHT, SETBACK AND LOT COVERAGE REQUIREMENTS: _______ 78-7
SECTION 79
C-4A LIMITED CENTRAL BUSINESS DISTRICT _____________________________ 79-1
Section 801.79: ___________________________________________________________ 79-1
801.79.1: PURPOSE:_____________________________________________________ 79-1
801.79.2: PERMITTED USES: _____________________________________________ 79-1
801.79.3: INTERIM USE: _________________________________________________ 79-3
801.79.4: ACCESSORY USES: ____________________________________________ 79-3
801.79.5: CONDITIONAL USES: __________________________________________ 79-4
801.79.6: SPECIAL LIMITATIONS AND CONDITIONS: ______________________ 79-7
801.79.7: HEIGHT, SETBACK AND LOT COVERAGE: _______________________ 79-8
SECTION 80
C-4B CENTRAL BUSINESS DISTRICT ______________________________________ 80-1
Section 801.80: ___________________________________________________________ 80-1
801.80.1: PURPOSE:_____________________________________________________ 80-1
801.80.2: PERMITTED USES: _____________________________________________ 80-1
801.80.3: INTERIM USE: _________________________________________________ 80-3
801.80.4: ACCESSORY USES: ____________________________________________ 80-3
801.80.5: CONDITIONAL USES: __________________________________________ 80-3
801.80.6: EXISTING USES: _______________________________________________ 80-7
801.80.7: SPECIAL LIMITATIONS AND CONDITIONS: ______________________ 80-7
801.80.8: HEIGHT, YARD AND LOT COVERAGE REQUIREMENTS: ___________ 80-8
SECTION 81
C-1B MIXED USE RESIDENTIAL DISTRICT _________________________________ 81-1
Section 801.81: ___________________________________________________________ 81-1
801.81.1: PURPOSE:_____________________________________________________ 81-1
801.81.2: PERMITTED USES: _____________________________________________ 81-1
801.81.3: INTERIM USE: _________________________________________________ 81-2
801.81.4: ACCESSORY USES: ____________________________________________ 81-2
801.81.5: CONDITIONAL USES: __________________________________________ 81-2
801.81.6: YARD AND SETBACK REQUIREMENTS: _________________________ 81-3
801.81.7: LOT COVERAGE, HEIGHT, BULK, AND OTHER REGULATIONS: ____ 81-3
SECTIONS 82 THROUGH 84
(RESERVED FOR FUTURE USE)
SECTION 85
R-D RESEARCH AND DEVELOPMENT DISTRICT ___________________________ 85-1
Section 801.85: ___________________________________________________________ 85-1
801.85.1: PURPOSE:_____________________________________________________ 85-1
801.85.2: SPECIAL LIMITATIONS AND CONDITIONS: ______________________ 85-1
SECTION 86
B-W BUSINESS/WAREHOUSING DISTRICT _________________________________ 86-1
Section 801.86: ___________________________________________________________ 86-1
801.86.1: PURPOSE:_____________________________________________________ 86-1
801.86.2: PERMITTED USES: _____________________________________________ 86-1
801.86.3: INTERIM USE: _________________________________________________ 86-1
801.86.4: ACCESSORY USES: ____________________________________________ 86-2
801.86.5: CONDITIONAL USES: __________________________________________ 86-2
801.86.6: HEIGHT, YARD AND LOT COVERAGE REQUIREMENTS: ___________ 86-3
SECTIONS 87 THROUGH 89
(RESERVED FOR FUTURE USE)
SECTION 90
PUD PLANNED UNIT DEVELOPMENT DISTRICT ___________________________ 90-1
Section 801.90: ___________________________________________________________ 90-1
801.90.1: PURPOSE:_____________________________________________________ 90-1
801.90.2: APPLICATION: ________________________________________________ 90-1
801.90.3: PROCEDURES: ________________________________________________ 90-1
SECTION 91
S SHORELAND OVERLAY DISTRICT_______________________________________ 91-1
Section 801.91: ___________________________________________________________ 91-1
801.91.1: PURPOSE: ____________________________________________________ 91-1
801.91.2: STATUTORY AUTHORIZATION: ________________________________ 91-1
801.91.3: SHORELAND DISTRICTS: ______________________________________ 91-2
801.91.4: DISTRICT APPLICATION: ______________________________________ 91-2
801.91.5: BOUNDARIES: ________________________________________________ 91-2
801.91.6: SHORELAND CLASSIFICATION SYSTEM: ________________________ 91-2
801.91.7: LAND USE DISTRICTS:_________________________________________ 91-3
801.91.8: MINIMUM LOT SIZE AND WIDTH: ______________________________ 91-3
801.91.9: MINIMUM SETBACK REQUIREMENT: ___________________________ 91-5
801.91.10: BUILDING/STRUCTURE HEIGHT: _______________________________ 91-6
801.91.11: IMPERVIOUS SURFACE COVERAGE: ____________________________ 91-6
801.91.12: RESIDENTIAL DENSITY: _______________________________________ 91-7
801.91.13: DESIGN CRITERIA FOR STRUCTURES: __________________________ 91-7
801.91.14: SHORELAND ALTERATIONS: __________________________________ 91-10
801.91.15: NON-CONFORMITIES: ________________________________________ 91-13
801.91.16: ADMINISTRATION: ___________________________________________ 91-13
801.91.17: RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD): ___________ 91-14
801.91.18: PLANNED UNIT DEVELOPMENT DISTRICT: _____________________ 91-17
801.91.19: SHORELAND IMPACT PLAN/CONDITIONAL USE PERMIT: ________ 91-17
801.91.20: VARIANCE: __________________________________________________ 91-19
801.91.21: SUBDIVISION/PLATTING PROVISIONS: _________________________ 91-19
801.91.22: NOTIFICATIONS TO THE DEPARTMENT OF NATURAL
RESOURCES: ________________________________________________ 91-20
801.91.23: EFFECT OF PERMIT: __________________________________________ 91-20
SECTION 92
W WETLANDS OVERLAY DISTRICT _______________________________________ 92-1
Section 801.92: ___________________________________________________________ 92-1
801.92.1:
801.92.2:
801.92.3:
801.92.4:
801.92.5:
801.92.6:
801.92.7:
801.92.8:
PURPOSE: ____________________________________________________ 92-1
DISTRICT APPLICATION: ______________________________________ 92-1
PERMITTED USES: ____________________________________________ 92-2
CONDITIONAL USES: __________________________________________ 92-2
PERMITTED USES IN FLOOD ENVELOPE: ________________________ 92-2
CONDITIONAL USES IN FLOOD ENVELOPE: _____________________ 92-2
RESTRICTIONS ON ISSUANCE OF CONDITIONAL USE PERMITS
IN THE FLOOD ENVELOPE OF THE WAYZATA WETLANDS
OVERLAY DISTRICT: __________________________________________ 92-3
VARIANCES TO THE PROVISIONS OF WETLAND OVERLAY
DISTRICT: ____________________________________________________ 92-5
SECTION 93
FLOODPLAIN REGULATIONS _____________________________________________ 93-1
Section 801.93: ___________________________________________________________ 93-1
801.93.1: STATUTORY AUTHORIZATION: ________________________________ 93-1
801.93.2: PURPOSE: ____________________________________________________ 93-1
801.93.3: GENERAL PROVISIONS: _______________________________________ 93-2
801.93.4: DISTRICTS ESTABLISHED: _____________________________________ 93-3
801.93.5: FLOODWAY DISTRICT (FW): ___________________________________ 93-3
801.93.6: FLOOD FRINGE DISTRICT (FF): _________________________________ 93-6
801.93.7: GENERAL FLOODPLAIN DISTRICT (GF): _________________________ 93-9
801.93.8: SUBDIVISION STANDARDS: ___________________________________ 93-10
801.93.9: PUBLIC UTILITIES AND PUBLIC TRANSPORTATION FACILITIES: _ 93-12
801.93.10: MANUFACTURED HOMES, MANUFACTURED HOME PARKS,
AND RECREATIONAL VEHICLES: ______________________________ 93-12
801.93.11: FLOODPLAIN USE PERMITS: __________________________________ 93-12
801.93.12: VARIANCES:_________________________________________________ 93-14
801.93.13: CONDITIONAL USE PERMITS: _________________________________ 93-15
801.93.14: NON-CONFORMITIES: ________________________________________ 93-16
801.93.15: VIOLATIONS AND ENFORCEMENT: ____________________________ 93-17
801.93.16: AMENDMENTS: ______________________________________________ 93-18
CHAPTER 801
SECTION 1
TITLE AND APPLICATION
SECTION 801.01:
801.01:
801.01.1:
801.01.2:
801.01.3:
801.01.4:
801.01.5:
801.01.6:
801.01.7:
801.01.8:
801.01.9:
801.01.10:
801.01.11:
801.01:
Short Title
Purpose
Intent
Relation to Comprehensive Municipal Plan
Standard Requirements
Conditional Uses
Monuments
Uses Not Provided Within Zoning Districts
Separability
Schedules of Administrative Fees, Charges and Expenses
Authority
Comprehensive Revision
SHORT TITLE:
This Chapter shall be known and may be cited as the Zoning Ordinance of the City of
Wayzata, except as referred to herein, where it shall be known as "this Ordinance."
801.01.1:
PURPOSE:
This is an ordinance for the purpose of promoting and protecting the public health, safety
and general welfare, by regulating the location, size of buildings and other structures; the
percentage of lot which may be occupied; the size of yards and other open spaces; the
density and distribution of population; the uses of buildings and structures for trade,
industry, residence, recreation, public activities or other purposes; and the use of land for
trade, industry, residence, recreation, forestry, soil conservation, water supply
conservation, conservation of shorelands, flood control and other purposes and
establishing standards and procedures regulating such uses.
801.01.2:
INTENT:
To protect the public, such provisions are intended to provide for adequate light and air,
safety from fire and other danger; prevent undue concentration of population; provide
ample parking facilities; regulate the location and operation of businesses, industries,
dwellings and buildings for other specified purposes; preserve property values by
providing for orderly and compatible development of the various land uses; encourage
energy conservation and the use of renewable energy resources; provide for
administration of this Ordinance; provide for amendments hereto; and provide for
official recording of this Ordinance and all amendments hereto.
801.01.3:
RELATION TO COMPREHENSIVE MUNICIPAL PLAN:
It is the policy of the City of Wayzata that the enforcement, amendment, and
administration of this Ordinance be accomplished with due consideration of the
recommendations contained in the City Comprehensive Plan as developed and amended
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from time to time by the Planning Commission and City Council of the City. The
Council recognizes the City Comprehensive Plan as the policy to regulate land use and
development in accordance with the policies and purpose herein set forth.
801.01.4:
STANDARD REQUIREMENTS:
A.
More Restrictive Provisions to Govern: Where the conditions imposed by any provisions
of this Ordinance are either more restrictive or less restrictive than comparable conditions
imposed by any other law, ordinance, code, statute, resolution or regulation, the
regulations which are more restrictive or impose higher standards or requirements shall
prevail.
B.
Interpretation: In their interpretation and application, the provisions of this Ordinance
shall be held to be the minimum requirements for the promotion of the public health,
safety and general welfare.
C.
Conformity with this Ordinance: No building or structure shall be erected, converted,
enlarged, constructed, reconstructed moved or altered, and no building, structure or land
shall be used for any purpose nor in any manner which is not in conformity with the
provisions of this Ordinance and without a building permit being issued when required by
this Ordinance.
D.
Building Occupancy: Except as herein provided, no building, structure or premises shall
hereafter be used or occupied and no building permit shall be granted that does not
conform to the requirements of this Ordinance.
E.
Non-reduction of Yards or Lots: No yard or lot existing at the time of passage of this
Ordinance shall be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this Ordinance shall meet at
least the minimum requirements established by this Ordinance.
F.
Regulation Application: In their application, these regulations shall not abrogate any
easement, covenant, or any other private agreement where such is legally enforceable,
provided, that where the regulations of this Ordinance are more restrictive, or impose
higher standards or requirements than such easements, covenants, or other private
agreements, the requirements of this Ordinance shall be controlling.
801.01.5:
CONDITIONAL USES:
Any established use or building legally existing prior to the establishment of this
Ordinance and which now classified as a conditional use may be continued in like fashion
and activity and shall automatically be considered as having received conditional use
permit approval. Any change to such a use, or any other subsequently approved
conditional use, shall however, require a new conditional use permit be processed
according to this Ordinance.
801.01.6:
MONUMENTS:
For the purpose of this Ordinance, all international, federal, state, county and other
official monuments, benchmarks, triangulation points, and stations shall be preserved in
their precise locations; and it shall be responsibility of the applicant to insure that these
markers are maintained in good condition during and following construction and
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development. All section, 1/4 section and 1/16 section corners shall be duly described
and tied.
801.01.7:
USES NOT PROVIDED WITHIN ZONING DISTRICTS:
Whenever in any zoning district a use is neither specifically allowed nor denied, the use
shall be considered prohibited. In such cases, the City Council or the Planning
Commission, on their own initiative or upon request, may conduct a study to determine if
the use is acceptable and if so what zoning district would be most appropriate and the
determination as to conditions and standards relating to development of the use. The City
Council, Planning Commission or property owner, upon receipt of the staff study shall, if
appropriate, initiate an amendment to this Ordinance to provide for the particular use
under consideration or shall find that the use is not compatible for development within
the City.
801.01.8:
SEPARABILITY:
It is hereby declared to be the intention of the City that the several provisions of this
Ordinance are separable in accordance with the following:
A.
If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be
invalid, such judgment shall not affect any other provisions of this Ordinance not
specifically included in said judgment.
B.
If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this Ordinance to a particular property, building, or other structure, such
judgment shall not affect the application of said provision to any other property, building,
or structure not specifically included in said judgment.
801.01.9:
EXPENSES:
SCHEDULES OF ADMINISTRATIVE FEES, CHARGES AND
The Council shall establish a schedule of fees, charges and expenses and a collection
procedure for zoning applications, building permits, variances, conditional uses, appeals
and other matters pertaining to this Ordinance. The schedule of fees shall be posted as
appropriate and may be altered or amended only by the Council.
801.01.10:
AUTHORITY:
This Ordinance is enacted pursuant to the authority granted by the Municipal Planning
Act, Minnesota Statutes, Section 462.351 to 462.363.
801.01.11:
COMPREHENSIVE REVISION:
The Council intends this Ordinance to be a comprehensive revision to Chapter 801 of the
City Code and all other ordinances inconsistent with this Ordinance, as amended. Any
act done, offense committed, or rights accruing or accrued, or liability, penalty incurred
or imposed prior to the effective date of this Ordinance is not affected by its enactment.
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SECTION 2
RULES AND REGULATIONS
Section 801.02:
801.02.1:
801.02.2:
801.02.1:
Rules of Word Construction
Definitions
RULES OF WORD CONSTRUCTION:
For the purposes of this Ordinance, certain terms or words used herein shall be
interpreted as follows:
A. The word "person" includes an owner or representative of the owner, firm,
association, organization, partnership, trust, company or corporation as
well as an individual.
B. The present tense includes the future tense, the singular includes the plural
and the plural includes the singular.
C. The word "shall" is mandatory; the word "may" is permissive.
D. The singular number includes the plural, and the plural the singular.
E. All measured distances expressed in feet shall be to the nearest tenth of a
foot.
F.
When calculating parking stall requirements, any fraction of a number
shall constitute an additional parking space.
G. When calculating density, any fraction of a number shall not constitute an
additional dwelling unit.
H. For terminology not defined in this Ordinance, the most current Webster's
dictionary shall be used to define such terms.
801.02.2:
DEFINITIONS:
The following words and terms, wherever they occur in this Ordinance, shall be
interpreted as herein defined:
Abutting: Making direct contact with or immediately bordering.
Accessory Building or Use: A subordinate building or use which is located on the same
lot on which the main building or use is situated and which is reasonably necessary,
appropriate and incidental to the conduct of the primary use of such building or main use.
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Addition: A physical enlargement of an existing structure.
Adjacent: In close proximity to or neighboring, not necessarily abutting.
Adult Uses: Adult uses include adult bookstores, adult motion picture theatres, adult
motion picture sales/rentals, adult mini-motion picture theatres, adult massage parlors,
adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult
rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels,
adult body painting studios, and other premises, enterprises, establishments, businesses or
places open to some or all members of the public, at or in which there is an emphasis on
the presentation, display, depiction or description of "specified sexual activities" or
"specified anatomical areas" which are capable of being seen by members of the public.
Activities classified as obscene as defined by Minnesota Statutes 617.241, as may be
amended, are not included.
1.
2.
Specified Anatomical Areas:
a.
Less than completely and opaquely covered human genitals, pubic
region, buttock, anus, or female breast(s) below a point
immediately above the top of the areola; and
b.
Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
Specified Sexual Activities:
a.
Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral-anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of excretory functions in
the context of a sexual relationship, and any of the following
sexually-oriented acts or conduct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerasty; or
b.
Clearly depicted human genitals in the state of sexual stimulation,
arousal or tumescence; or
c.
Use of human or animal ejaculation, sodomy, oral copulation,
coitus, or masturbation; or
d.
Fondling or touching of nude human genitals, pubic region,
buttocks, or female breast; or
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e.
Situations involving a person or persons, any of whom are nude,
clad in undergarments or in sexually revealing costumes, and who
are engaged in activities involving the flagellation, torture,
fettering, binding or other physical restraint of any such persons; or
f.
Erotic or lewd touching, fondling or other sexually-oriented
contact with an animal by a human being; or
g.
Human excretion, urination, menstruation, vaginal or anal
irrigation.
3.
Adult Uses - Accessory: The offering of retail goods for sale which are
classified as adult uses on a limited scale and which are incidental to the
primary activity and goods and/or services offered by the establishment.
Examples of such items include the sale of adult magazines, the sale
and/or rental of adult motion pictures, the sale of adult novelties, and the
like.
4.
Adult Uses - Principal: The offering of goods and/or services which are
classified as adult uses as a primary or sole activity of a business or
establishment and include but are not limited to the following:
a.
Adult Use - Body Painting Studio. An establishment or business
which provides the service of applying paint or other substance,
whether transparent or non-transparent, to or on the body of a
patron when such body is wholly or partially nude in terms of
"specified anatomical areas".
b.
Adult Use - Bookstore. A building or portion of a building used
for the barter, rental or sale of items consisting of printed matter,
pictures, slides, records, audio tape, videotape, or motion picture
film if such building or portion of a building is not open to the
public generally but only to one or more classes of the public
extending any minor by reason of age or if a substantial or
significant portion of such items are distinguished or characterized
by an emphasis on the depiction or description of "specified sexual
activities" or "specified anatomical areas".
c.
Adult Use - Cabaret. A building or portion of a building used for
providing dancing or other live entertainment, if such building or
portion of a building excludes minors by virtue of age or if such
dancing or other live entertainment is distinguished or
characterized by an emphasis on the presentation, display,
depiction of "specified sexual activities" or "specified anatomical
areas".
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d.
Adult Use - Companionship Establishment. A companionship
establishment which excludes minors by reason of age, or which
provides the service of engaging in or listening to conversation,
talk or discussion between an employee of the establishment and a
customer, if such service is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas".
e.
Adult Use - Conversation/Rap Parlor. A conversation/rap parlor
which excludes minors by reason of age, or which provides the
service of engaging in or listening to conversation, talk, or
discussion, if such service is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas".
f.
Adult Use - Health/Sport Club. A health/sport club which
excludes minors by reason of age, or if such club is distinguished
or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas".
g.
Adult Use - Hotel or Motel. Adult hotel or motel means a hotel or
motel from which minors are specifically excluded from
patronage and wherein material is presented which is distinguished
or characterized by an emphasis on matter depicting, describing or
relating to "specified sexually activities" or "specified anatomical
areas".
h.
Adult Use - Massage Parlor, Health Club. A massage parlor or
health club which restricts minors by reason of age, and which
provides the services of massage, if such service is distinguished or
characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas".
i.
Adult Use - Mini-Motion Picture Theatre. A building or portion of
a building with a capacity for less than 50 persons used for
presenting material if such building or portion of a building as a
prevailing practice excludes minors by virtue of age, or if such
material is distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical areas" for
observation by patrons therein.
j.
Adult Use - Modeling Studio. An establishment whose major
business is the provision, to customers, of figure models who are
so provided with the intent of providing sexual stimulation or
sexual gratification to such customers and who engage in
"specified sexual activities" or display "specified anatomical areas"
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while being observed, painted, painted upon, sketched, drawn,
sculptured, photographed, or otherwise depicted by such
customers.
k.
Adult Use - Motion Picture Arcade. Any place to which the public
is permitted or invited wherein coin or slug-operated or
electronically, electrically or mechanically controlled or operated
still or motor picture machines, projectors or other imageproducing devices are maintained to show images to five or fewer
persons per machine at any one time, and where the images so
displayed are distinguished or characterized by an emphasis on
depicting or describing "specified sexual activities" or "specified
anatomical areas".
l.
Adult Use - Motion Picture Theatre. A building or portion of a
building with a capacity of 50 or more persons used for presenting
material if such building or portion of a building as a prevailing
practice excludes minors by virtue of age or if such material is
distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas" for observation by
patrons therein.
m.
Adult Use - Novelty Business. A business which has as a principal
activity the sale of devices which stimulate human genitals or
devices which are designed for sexual stimulation.
n.
Adult Use - Sauna. A sauna which excludes minors by reason of
age, or which provides a steam bath or heat bathing room used for
the purpose of bathing, relaxation, or reducing, utilizing steam or
hot air as a cleaning, relaxing or reducing agent, if the service
provided by the sauna is distinguished of characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas".
o.
Adult Use - Steam Room/Bathhouse Facility. A building or
portion of a building used for providing a steam bath or heat
bathing room used for the purpose of pleasure, bathing, relaxation,
or reducing, utilizing steam or hot air as a cleaning, relaxing or
reducing agent if such building or portion of a building restricts
minors by reason of age of if the service provided by the steam
room/bathhouse facility is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas".
Alley: A public or private right-of-way primarily designed to serve as secondary access
to the side or rear of those properties whose principal frontage is on a street.
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Animals, Domestic: For purposes of this Ordinance, domestic animal shall be defined as
house pets such as dogs, cats, and birds which can be contained within a principal
structure throughout the entire year, provided that the containment can be accomplished
without special modification to the structure requiring a building permit from the City.
Apartment: A portion of a building consisting of a room or suite of rooms which is
designed for, intended for, or used as a residence by a single family or an individual, and
is equipped with cooking facilities. Includes dwelling unit and efficiency unit.
Applicant: The owner, their agent or person having legal control, ownership and/or
interest in land which the provisions of this Ordinance are being considered for or
reviewed.
Attic: Space of a building located directly under a roof which is not directly free and
open to the public and is unfinished or finished only to a limited degree to provide for
inactive storage and/or mechanical equipment. Said space shall not be occupied or
actively utilized. Under the provision of this Ordinance, said space shall not constitute a
story, and shall not be included in space calculations for parking.
Automobile Repair - Major: General repair, rebuilding or reconditioning engines, motor
vehicles or trailers; collision service, including body, frame or fender straightening or
repair; overall painting or paint job; vehicle steam cleaning.
Automobile Repair - Minor: Installation, including cellular telephones, audio systems,
and minor repairs, incidental body and fender work, painting and upholstering,
replacement of parts (tires, glass, etc.) and minor motor services to passenger
automobiles and trucks not exceeding twelve thousand (12,000) pounds gross weight, but
not including any operation specified under "Automobile Repair - Major."
Automobile Service Station: See "Motor Fuel Station."
Automobile Wrecking or Junk Yard: Any place where two (2) or more vehicles not in
running condition and/or not licensed, or parts thereof, are stored in the open and are not
being restored to operation or any land, building or structure used for wrecking or storing
of such motor vehicles or parts thereof; and including any commercial salvaging and
scavenging of any other goods, articles or merchandise.
Basement: Any floor level below the first story in a building, except that a floor level in
a building having only one floor level shall be classified as a basement unless such floor
level qualifies as a first story as defined herein.
Bay: Cantilevered area of a room.
Bed and Breakfast: A building designed as a single family dwelling, where for
compensation, meals and lodging are provided to transient guests but not including a
building providing these services to more than ten (10) persons or operating more than
five (5) guestrooms.
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Block: A tract of land bounded by streets, or a combination of streets and public parks,
railroad rights-of-way, shorelines, waterways or boundary lines of the corporate limits of
the City.
Boarder: One who receives regular meals and/or regular meals and lodging for pay.
Boarding (House) Home - Foster Children: A family dwelling where children out of their
own homes are cared for.
Boarding/Lodging House: A building other than a hotel where, for compensation and by
prearrangement for definite periods, meals or boarding/lodging and meals are provided to
three (3) or more persons, not of the principal family therein, pursuant to previous
arrangements and not including a building providing these services for more than five (5)
persons.
Boarding/Lodging Room: A room rented as sleeping and living quarters, but without
cooking facilities and with or without an individual bathroom. In a suite of rooms
without cooking facilities, each room which provides sleeping accommodations shall be
counted as one (1) boarding/lodging room.
Boundary Lines: Any line indicating the bounds or limits of any tract or parcel of land;
also a line separating the various use districts as shown on the City's Zoning Map.
Brewery: A facility that produces for sale beer, ale, malt liquor, or other beverages made
from malt by fermentation and containing not less than one-half of one percent alcohol by
volume. A brewery may include a taproom.
Brewpub: A Brewery that operates a restaurant on the same premises as the Brewery,
whose malt liquor production per calendar year may be limited by Minnesota State
Statute.
Buffer: The use of land, topography (difference in elevation), space, fences or landscape
plantings to screen or partially screen a use or property from the vision of another use or
property.
Buildable Area: The space remaining on a lot after the minimum setback and open space
requirements of this Ordinance have been met.
Building: Any structure built for the support, shelter or enclosure of persons, animals,
chattel or movable property of any kind, and includes any structure.
Building Height: The vertical distance above a Grade Plane measured to the highest point
of the coping of a flat roof, to the deck line of a mansard roof, to the uppermost point on a
shed, round or arch type roof, or to the average height of the highest gable of a pitched,
hipped or gambrel roof. Modifications to the site grading that would affect the grade
plane of a lot shall not be undertaken as a means of achieving increased building height,
unless approved by the City Council. The height of a stepped or terrace building is the
maximum height of any segment of the building.
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Building Line: A line parallel to the street right-of-way or ordinary high water level at
any story level of a building and representing the minimum distance which all or any part
of the building is set back from said right-of-way or ordinary high water level.
Building Setback: The minimum horizontal distance between the building and the lot
line.
Business: Any establishment, occupation, employment or enterprise where merchandise
is manufactured, exhibited or sold, or where services are offered for compensation.
Cellar: That portion of a building between the floor and ceiling which is wholly or partly
below grade and is so located that the vertical distance from grade to the floor below is
equal to or greater than the vertical distance from grade to ceiling.
Cemetery: A site or property set apart for the burial or interment of the human dead.
Channel: A natural or artificial depression of perceptible extent, with definite bed and
banks to confine and conduct water either continuously or periodically.
Child Care: A specialized limited day care facility which is an accessory use that
provides temporary babysitting service while parents are engaged in short-term social,
recreational or business activities. (See also Day Care)
Church: A building, together with its accessory buildings and use; where persons
regularly assemble for religious purposes and which building, together with its accessory
buildings and uses, is maintained and controlled by a religious body organized to sustain
religious ceremonies and purposes.
City Council: The governing body for the City of Wayzata.
Clear Cutting: The removal of an entire stand of trees and/or vegetation.
Club or Lodge: A non-profit association of persons who are bona fide members paying
annual dues, with the use of the premises being restricted to members and their guests.
Cluster Development: The development pattern and technique whereby structures are
arranged in closely related groups to make the most efficient use of the natural amenities
of the land as accomplished through a planned unit development.
Coffee Shop: A business establishment providing services limited to the sale and
production of coffee products and foods associated with the drinking of coffee, as
distinguished from a full service restaurant or convenience (fast) food establishment.
Commercial Recreation: Electronic games, bowling alley, jump center, golf, billiards
(pool) hall, dance hall, skating, trampoline, boat rental, park, and similar uses.
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Common Open Space: Any privately owned open space including private parks, nature
areas, playgrounds, trails, and recreational buildings and structures which is an integral
part of a development and is not owned on an individual basis by each owner of the
dwelling unit.
Community Center: A building or a room or group of rooms within a building designed
specifically as a gathering place for the general public or for a specific segment of the
general public and operated on a non-profit basis.
Comprehensive Plan: A comprehensive long range plan prepared and approved by the
City, including a compilation of policy statements, goals, standards, fiscal guidelines, and
maps indicating the general locations recommended for the various functional classes of
land use, places and structures, and for the general physical development of the City,
including any unit or part of such plan separately adopted and any amendment to such
plan or parts thereof.
Concept Plan: A report in map and text form submitted as the first stage of a Planned
Unit Development (PUD) proposal, depicting the location, general purpose, general type
of land use and circulation patterns, primary relationships between site elements and
between the proposed development and surrounding development, proposed general
schedule of development, and information on the applicant.
Conditional Use: Those occupations, vocations, skills, arts, businesses, professions, or
uses specifically designated in each zoning district, which for the respective conduct or
performance in such designated districts may require reasonable, but special, unusual or
extraordinary limitations peculiar to the use for the protection, promotion and
preservation of the general public welfare, health, and safety, and the integrity of the City
Comprehensive Plan.
Conditional Use Permit: A permit issued by the City Council in accordance with
procedures specified in this Ordinance, as a flexibility device to enable the City Council
to assign dimensions to a proposed use or conditions surrounding it after consideration of
adjacent uses and their functions and the special problems which the proposed use
presents.
Condominium: A multiple dwelling or development containing individually owned
dwelling units and jointly owned and shared areas and facilities, which dwelling or
development is subject to the provisions of the Minnesota Condominium Law, Minnesota
Statutes, Section 515.A.1-101 to 515.A.4-118.
Convenience (Fast) Food Establishment: An establishment which serves food in or on
disposable or edible containers in individual servings for consumption on or off the
premises. (See also drive-in restaurant).
Cooperative (Housing): A multiple family dwelling owned and maintained by the
residents and subject to the provisions of MS 290.09 and 290.13. The entire structure and
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real property is under common ownership as contrasted to a condominium dwelling
where individual units are under separate individual occupant ownership.
Curb Level: The elevation of the established curb in front of a building measured at the
center of such front. Where no curb level has been established, the engineering staff shall
determine a curb level or its equivalent for the purpose of this Ordinance.
Day Care Facility: Any facility licensed by the State Department of Public Welfare,
public or private, which for gain or otherwise regularly provides one or more persons
with care, training, supervision, habilitation, rehabilitation or developmental guidance on
a regular basis, for periods of less than twenty-four (24) hours per day, in a place other
than the person's own home. Day care facilities include but are not limited to: family
day care homes, group family day care homes, day care centers, day nurseries, nursery
schools, daytime activity centers, day treatment programs and day services as defined by
Minnesota Statutes Section 245.782, Subd. 5. (See also Child Care).
Density, Residential: A number expressing the relationship of the number of dwelling
units to an acre of land as established in the Comprehensive Plan.
Deposition: Any rock, soil, gravel, sand or other material deposited naturally or by man
into a waterbody, watercourse, floodplains or wetlands.
Design Guidelines: The Wayzata Design Guidelines as amended.
Distillery: A facility that produces Ethyl Alcohol, hydrated oxide of ethyl, spirits of wine,
rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for
non-industrial use. A distillery may include a tasting room.
Diversion: A channel that intercepts surface water runoff and that changes the
accustomed course of all or part of a stream.
Dog Kennel: Any place where three (3) dogs or more over three (3) months of age are
kept for the use of the owner, or are boarded, bred and/or offered for sale, except a
veterinary clinic.
Draining: The removal of surface water or groundwater from land.
Dredging: To enlarge or clean-out a waterbody, watercourse, or wetland.
Drive-in Restaurant: Any place or premises used for sale, dispensing or serving of food,
refreshments or beverages on the premises, typically eaten in the customers vehicle on
the site. (See also convenience food establishment)
Dwelling: A building or portion thereof, designated exclusively for residential
occupancy, including one-family, two-family, and multiple family dwellings, but not
including hotels, motels, boarding houses, or manufactured housing.
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Dwelling, Multiple (Apartment Building): A building designed with three (3) or more
dwelling units exclusively for occupancy by three (3) or more families living
independently of each other, but sharing hallways and main entrances and exits.
Dwelling, Single-Family: A dwelling unit designed exclusively for occupancy by one (1)
family.
1.
Attached: A dwelling which is joined to another at one or more sides by a
party wall.
2.
Detached: A dwelling unit not attached to another dwelling or structure or
is entirely surrounded by open space.
Dwelling, Two-Family: A residence designed for or occupied by two (2) families only,
with separate housekeeping and cooking facilities for each. A two-family dwelling with
a separate rooming unit(s) shall be considered and classified as a multi-family dwelling,
unless specifically noted.
1.
Double Bungalow: A two-family dwelling with two (2) units side-byside.
2.
Duplex: A two-family dwelling unit with one (1) unit above the other.
Dwelling Unit: A residential building or portion thereof intended for occupancy by one
(1) or more persons with facilities for living, sleeping, cooking and eating, but not
including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses,
motor homes or travel trailers.
Dwelling Unit Occupancy: Occupancy of a dwelling unit for the purpose of enforcing
provisions of this Ordinance shall be limited by restrictions as included in the definition
of family in this Section.
Earth Berm: (House Construction) An earth covering on the above grade portions of the
building walls.
Earth Sheltered Building: A building so constructed that fifty (50) percent or more of the
completed structure is covered with earth. Earth covering is measured from the lowest
level of the liveable space in residential units and of usable space in non-residential
buildings. An earth sheltered building is a complete structure that does not serve just as a
foundation or sub-structure for above grade construction. A partially covered building
shall not be considered earth sheltered.
Easement: A grant by an owner of land for a specific use by persons other than the
owner.
Efficiency Apartment (Dwelling Unit): A one (1) room dwelling unit, exclusive of
bathroom, consisting of one (1) principal room having cooking facilities and used for
combined living, dining and sleeping purposes.
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Elderly (Senior Citizen) Housing: A public agency owned or controlled multiple
dwelling building with open occupancy limited to persons over sixty-two (62) years of
age.
Elevator Penthouse: An enclosure located on the top of a building which houses the
working mechanisms of an elevator.
Engineer: The registered engineer employed or retained by the City, unless otherwise
stated.
Erosion: The wearing away of land surface by the action of natural elements.
Essential Services: The erection, construction, alteration or maintenance by public
utilities or Municipal departments of underground or overhead telephone, gas, electrical,
steam, hot water, communication or water transmission, distribution, collection, supply or
disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables,
dire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment
and accessories in connection therewith for the furnishing of adequate service by such
private or public utilities or Municipal departments.
Essential Service Structures: Structures and buildings necessary for the operation of
essential services, including but not limited to: telephone buildings, telephone booths,
gas regulator stations, substations, electrical stations, water tanks, lift stations.
Exterior Storage: The storage of goods, materials, equipment, manufactured products
and similar items not fully enclosed by a building.
Family: An individual or two (2) or more persons related by blood, marriage, adoption or
a group of not more than six (6) persons who need not be related by blood or marriage
living together in a dwelling unit.
Fence related:
1.
2.
"Fence" shall mean a partition, wall, hedge, row(s) of continuous
plantings, or gate erected as a dividing marker, visual or physical barrier,
or enclosure.
a.
"Man Made Fence" shall mean a partition or wall constructed of
wood, metal, masonry, brick, stone, concrete, and the like.
b.
"Natural Hedge or Planting" shall mean a divider or barrier
comprised of vegetation materials.
"Fence height" shall mean the distance from the adjacent finished grade to
the highest projection of a fence structure, not including support posts,
provided that the support posts are no more than four (4) inches above the
fence structure.
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Filling: The act of depositing any rock, soil, gravel, sand or other material so as to fill a
waterbody, watercourse, or wetland.
Floodplain Overlay District Related:
1.
Base Flood Elevation: The elevation of the regional flood. The term base
flood elevation is used in the flood insurance survey.
2.
Basement: Any area of a structure, including crawl spaces, having its
floor or base subgrade (below ground level) on all four sides, regardless of
the depth of excavation below ground level.
3.
Development: Any man-made change to improved or unimproved real
estate, including buildings or other structures, mining, dredging, filling,
grading, paving, excavating or drilling operations, or storage of equipment
or materials.
4.
Equal Degree of Encroachment: Method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are
capable of conveying a proportionate share of flood flows.
5.
Flood: A temporary increase in the flow or stage of a stream or in the
stage of a wetland or lake that results in the inundation of normally dry
areas.
6.
Flood Frequency: The frequency for which it is expected that a specific
flood stage or discharge may be equalled or exceeded.
7.
Flood Fringe: That portion of the Special Flood Hazard Area (one percent
annual chance flood) located outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance
Study for the City.
8.
Flood Insurance Rate Map (FIRM): An official map on which the Federal
Insurance Administrator has delineated both the special hazard areas and
the risk premium zones applicable to the community. A FIRM that has
been made available digitally is called a Digital Flood Insurance Rate Map
(DFIRM).
9.
Floodplain: The beds proper and the areas adjoining a wetland, lake, or
watercourse which have been or hereafter may be covered by the regional
flood.
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10.
Flood-proofing: A combination of structural provisions, changes, or
adjustments to properties and structures subject to flooding, primarily for
the reduction or elimination of flood damages.
11.
Floodway: The bed of a wetland or lake and the channel of a watercourse,
and those portions of the adjoining floodplains which are reasonably
required to carryor store the regional flood discharge.
12.
Lowest Floor: The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, used solely for
parking of vehicles, building access, or storage in an area other than a
basement area, is not considered a building’s lowest floor; provided, that
such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of 44 Code of Federal
Regulations, Part 60.3.
13.
Manufactured Home: A structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or
without a permanent foundation when attached to the required utilities.
The term “manufactured home” does not include the term “recreational
vehicle.”
14.
New Construction: Structures, including additions and improvements, and
placement of manufactured homes, for which the start of construction
commenced on or after the effective date of this ordinance.
15.
Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel modification, culvert, building,
wire, fence, stockpile, refuse, fill, structure or matter in, along across, or
projecting into any channel, watercourse, or regulatory floodplain which
may impede, retard or change the direction of the flow of water, either in
itself or by catching or collecting debris carried by such water.
16.
One Hundred Year Floodplain: Lands inundated by the regional flood.
17.
Reach: A hydraulic engineering term to describe a longitudinal segment
of a stream or river influenced by a natural or man-made obstruction. In
an urban area, the segment of a stream or river between two (2)
consecutive bridge crossings would most typically constitute a reach.
18.
Recreational Vehicle: A vehicle that is built on a single chassis, is 400
square feet or less when measured at the largest horizontal projection, is
designed to be self-propelled or permanently towable by a light duty truck,
and is designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
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use. For the purposes of this ordinance, the term recreational vehicle is
synonymous with the term “travel trailer/travel vehicle.”
19.
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 1% chance or 100-year recurrence interval. Regional flood is
synonymous with the term "base flood" used in a Flood Insurance Study.
20.
Regulatory Flood Protection Elevation: An elevation not less than one (1)
foot above the elevation of the regional flood plus any increase in flood
elevation caused by encroachments on the floodplain that result from
designation of a floodway.
21.
Repetitive Loss: Flood related damages sustained by a structure on two
separate occasions during a ten year period for which the cost of repairs at
the time of each such flood event on the average equals or exceeds 25% of
the market value of the structure before the damage occurred.
22.
Special Flood Hazard Area: A term used for flood insurance purposes
synonymous with “One Hundred Year Floodplain.”
23.
Start of Construction: Substantial improvement, and means the actual start
of construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement that occurred before the permit’s expiration date.
The actual start is either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, foundations, or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the
building.
24.
Structure: Anything constructed or erected on the ground or attached to
the ground or on-site utilities, including, but not limited to, buildings,
factories, sheds, detached garages, cabins, manufactured homes,
recreational vehicles not meeting the exemption criteria specified in
Section 801.93 of this Ordinance, and other similar items.
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25.
Substantial Damage: Damage of any origin sustained by a structure where
the cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before the
damage occurred.
26.
Substantial Improvement: Within any consecutive 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair),
repair after damage, addition, or other improvement of a structure, the cost
of which equals or exceeds 50 percent of the market value of the structure
before the “start of construction” of the improvement. This term includes
structures that have incurred “substantial damage,” regardless of the actual
repair work performed. The term does not, however, include either:
a.
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary to
assure safe living conditions.
b.
Any alteration of a “historic structure,” provided that the alteration
will not preclude the structure’s continued designation as a
“historic structure.” For the purpose of this ordinance, “historic
structure” is as defined in 44 Code of Federal Regulations, Part
59.1.
Floor Area, Gross: The sum of the gross horizontal areas of all floors of the building or
portion thereof devoted to a particular use, including accessory storage areas located
within selling or working space such as, activities to the production or processing of
goods, or to business or professional offices. However, the floor area shall not include:
basement or cellar floor area other than area devoted to retailing activities, the production
or processing of goods, or to business or professional offices. The floor area of a
residence shall not include the cellar area.
Floor Area Ratio (F.A.R.): The floor area of a building or buildings on any lot divided by
the area of such lot, or in the case of planned developments by the net site area. The floor
area ratio requirements as set forth under each zoning district shall determine the
maximum floor area allowable for a building or buildings (total floor area of both
principal and accessory buildings) in direct ratio to the gross area of the zoning lot.
Footprint: The outline of the foundation of a building, including that portion of an upper
story that is occupied and/or actively utilized.
Frontage: That boundary of a lot which abuts an existing or dedicated public street,
watercourse or similar barrier.
Garage, Private (Residential): An accessory building or accessory portion of the
principal building which is intended for and used to store the private passenger vehicles
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and trucks not exceeding twelve thousand (12,000) pounds gross weight, of the family or
families resident upon the premises, and in which no business service or industry is
carried on.
Garage, Public: Any garage other than a private garage. May also mean parking ramp.
Gas Station: See "Motor Fuel Station."
Grade Plane: A reference plane representing the average of finished ground level
adjoining the building at exterior walls. Where the finished ground level slopes away
from the exterior walls, the reference plane shall be established by the lowest points
within the area between the building and the lot line or, where the lot line is more than six
(6) feet from the building, between the building and a point six (6) feet from the building.
Grading: Changing the natural or existing topography of land.
Group Day Care Center: Any location which provides care for six (6) or more unrelated
children at one time, for compensation, and which is licensed to provide such services by
the Minnesota Department of Public Welfare. This term shall include, but is not limited
to, uses such as nursery schools, day nurseries, child care centers and drop-in care
centers.
Growler: A specially designed sixty four (64) ounce beer container for exclusive off-sale
of micro-production facility beer. A growler shall have the following packaging
requirements:
1.
Growlers shall bear a twist-type closure, cork, stopper or plug.
2.
At the time of sale, paper or plastic adhesive band, strip, or sleeve shall be
applied to the container and extended over the top of the closure, forming
a seal.
3.
The growler and/or band, strip or sleeve shall bear the name and address
of the brewer, and the container shall be identified as malt liquor, contain
the name of the malt liquor, and shall be considered intoxicating liquor
unless labeled otherwise.
Halfway House: See Residential Care Facility.
Hardship: A situation where property in question cannot be put to a reasonable use under
the conditions allowed by the official controls; the plight of the landowner is due to
circumstances unique to his property, not created by the landowner; and the variance, if
granted, will not alter the essential character of the locality. Economic considerations
alone shall not constitute a hardship if a reasonable use for the property exists under
terms of the official controls.
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Health Club: A facility which provides athletic activities such as tennis, handball,
racquetball, track, basketball, exercise devices, etc. and such incidental services as
whirlpool, sauna or massage service for members and guests.
Home Occupation: Any occupation or profession engaged in by the occupant of a
residential dwelling unit, which is clearly incidental and secondary to the residential use
of the premises and does not change the character of said premises.
Hotel: Any building or portion thereof occupied as the more or less temporary abiding
place of individuals and containing more than ten (10) guest rooms, used, designated, or
intended to be used, let or hired out to be occupied, or which are occupied by more than
ten (10) individuals for compensation, whether the compensation be paid directly or
indirectly.
Impervious Surface: A constructed hard surface that either prevents or retards the entry
of water into the soil and causes water to run off the surface in greater quantities and at an
increase rate of flow than prior to development. Examples include rooftops, sidewalks,
patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.
Inn Establishment: A building, other than a hotel, whose use includes the renting of
rooms at a transient daily rate (whether or not billed or paid daily), and wherein a dining
room and other facilities are operated on the premises. A maximum of ten (10)
guestrooms may be operated within the principal structure.
Junk Yard: An open area where waste, used, or second hand materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled; including but not limited to,
scrap iron and other materials, paper, rags, rubber, tires, lumber, and bottles. A junk yard
includes an auto wrecking yard, but does not include uses established entirely within
closed buildings.
Landscaping: Plantings such as trees, flowers, grass and shrubs and improvements
directly related thereto.
Land Reclamation: The process of the re-establishment of acceptable topography (i.e.
slopes), vegetative cover, soil stability and the establishment of safe conditions
appropriate to the subsequent use of the land.
Loading Space (Off-Street): A space or berth on the same lot with a building, or
contiguous to a group of buildings, for the temporary parking of a vehicle or truck while
loading or unloading merchandise or materials and which abuts upon a street, alley or
other appropriate means of access.
Lot: A parcel or portion of land of at least sufficient size to meet minimum zoning
requirements for use, coverage and area, and to provide such yards and other open spaces
as are herein required. Such lot shall have frontage on an improved public street.
Lot (of Record): Any lot which is one unit of a plat heretofore duly approved and filed,
or one unit of an auditor's outlot or a registered land survey, or a parcel of land not so
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platted, subdivided or registered but for which a deed, auditor's subdivision or registered
land survey has been recorded in the Office of the Register of Deeds or Registrar of Titles
for Hennepin County, Minnesota, prior to the effective date of this Ordinance.
Lot Area: The total land area of a horizontal plane within the lot lines.
Lot, Base: Lots meeting all specifications in the zoning district prior to being subdivided
into a two-family dwelling or quadraminium subdivision.
Lot, Corner: A lot situated at the intersection of two (2) streets, the interior angle of such
intersection not exceeding one hundred thirty-five (135) degrees.
Lot Coverage: The area of a lot occupied by the principal building or buildings and all
accessory buildings.
Lot Depth: The shortest horizontal distance between the front lot line and the rear lot line
measured from a ninety (90) degree angle from the street right-of-way within the lot
boundaries.
Lot, Double Frontage: An interior lot having frontage on two (2) streets.
Lot, Front: The front of a lot shall be considered to be that boundary abutting a public
right-of-way having the least width.
Lot Improvement: Any building, structure, place, work of art, or other object, or
improvement of the land on which they are situated constituting a physical betterment of
real property, or any part of such betterment.
Lot, Interior: A lot, other than a corner lot, including through or double frontage lots.
Lot Line: A property boundary line of any lot held in single or separate ownership;
except that where any portion of the lot extends into the abutting street or alley, the lot
line shall be deemed to be the street or alley right-of-way.
Lot Line, Rear: That boundary of a lot which is opposite the front lot line. If the rear lot
line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot
line shall be a line ten (10) feet in length within the lot, parallel to and at the maximum
distance from the front lot line.
Lot, Reversed Frontage: A lot in which the frontage is at right angles, or approximately
right angles, to the general pattern in the area involved. A reversed frontage lot may be a
corner lot or an interior lot.
Lot, Substandard: A lot or parcel of land for which a deed has been recorded in the
Office of the Hennepin County Recorder upon or prior to the effective date of this
Ordinance which does not meet the minimum lot area, structure setbacks or other
dimensional standards of this Ordinance.
Lot, Through: A lot fronting on two parallel streets.
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Lot, Unit: Lots created from the subdivisions of a two-family dwelling or quadraminium
having different minimum lot size requirements than the conventional base lots within the
zoning district.
Lot, Width: The minimum required horizontal distance between the side lot lines
measured at right angles to the lot depth, at the minimum building setback line. If no
setback line is established, the distance between the side lot lines measured along the
public right-of-way.
Malt Liquor: Any beverage made from malt by fermentation and containing not less than
one-half of one percent alcohol by volume.
Manor Homes: A residential structure with five (5) to eight (8) units with each unit
having a separate entrance/exit. There may be more than one (1) floor and an attached
garage space.
Medical and Dental Clinics: A structure intended for providing medical and dental
examinations and service available to the public. This service is provided without
overnight care available.
Metes and Bounds Description: A description of real property which is not described by
reference to a lot or block shown on a map, but is described by starting at a known point
and describing the bearings and distances of the lines forming the boundaries of the
property or delineating a fractional portion of a section, lot or area by described lines or
portions thereof.
Micro-production Facility: A facility in which beer, wine, or other alcoholic beverages
are brewed, fermented, or distilled for distribution and consumption. Micro-production
facilities include breweries, brewpubs, wineries, and distilleries.
Minerals: Soil, clay, stone, sand and gravel and other similar solid material or substance
to be mined from natural deposits.
Model Home: A home which is similar to others in a development and which is open to
public inspection for the purpose of selling said other homes.
Motel/Motor Hotel: A building or group of detached, semi-detached or attached
buildings containing guest rooms or units, each of which has a separate entrance directly
from the outside of the building, or corridor, with garage or parking space conveniently
located to each unit, and which is designed, used or intended to be used primarily for the
accommodation of transient guests traveling by automobile.
Motor Fuel Station: A place where gasoline is stored only in underground tanks,
kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed
directly to the public on premises, and including minor accessories and services for
automobiles, but not including automobile major repairs and rebuilding.
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Non-Conforming Structure, Use, or Lot, Illegal: A lot, building, structure, premises, or
use illegally established when it was initiated, created, or constructed, which did not
conform with the applicable conditions or provisions of the City Code for the district in
which the structure or use is located.
Non-Conforming Structure, Use, or Lot, Legal: A lot, building, structure, premises, or
use lawfully established when it was initiated, created, or constructed, which does not
now conform with the applicable conditions or provisions of this Ordinance for the
district in which the structure or use is located.
Noxious Matter or Material: Material capable of causing injury to living organisms by
chemical reaction, or capable of causing detrimental effects on the physical or economic
well-being of individuals.
Nursing Home: A private building with facilities for the care of children, the aged, or the
infirm, or a place of rest for those suffering bodily disorders, but not containing
equipment for surgical care or for treatment of disease or injury. The nursing home shall
be licensed by the State Board of Health as provided for in Minnesota State Statutes.
Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill,
structure or matter in, along, across or projecting into any channel, watercourse or
regulatory floodplain which may impede, retard or change the direction of the flow of
water, either in itself or by catching or collecting debris carried by such water.
Occupancy: The purpose for which a building is used or intended to be used. The term
shall also include the building or room housing such use. Change of occupancy is not
intended to include change of tenants or proprietors.
Open Sales Lot: Land devoted to the display of goods for purchase, sale, rent, lease or
trade where such goods are not enclosed within a building, and for the storage of same
prior to sale.
Open Space: Any open area not covered by structures, including but not limited to the
following uses: required or established yard areas, parking areas, sidewalks, school
walks, trails, recreation areas, water bodies, shorelands, watercourses, wetlands,
groundwater recharge areas, floodplain, floodway, flood fringe, erodible slopes,
woodland, and soils with severe limitation for development.
Open Storage: Storage of material outside of a building.
Out-Patient Care: Medical examination or service available to the public in a hospital.
This service is provided without overnight care and shall be considered a separate,
independent, principal use when combined or operated in conjunction with a hospital.
Overburden: The earth, rock and other materials that lie above a natural deposit of
mineral.
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Outlot: A lot remnant or parcel of land left over after platting, which is intended as open
space or other future use, and upon which no structure is to be located and for which no
building permit shall be issued.
Owner: An individual, association, syndicate, partnership, corporation, trust or any other
legal entity holding an equitable or legal ownership interest in land, buildings, structures,
dwelling unit(s) or other property.
Parcel: An individual lot or tract of land.
Parking Space (Off-Street): An area of such shape and dimensions as provided by this
Ordinance, enclosed in the principal building, in an accessory building, or unenclosed,
sufficient in size to store one (1) motor vehicle, which has adequate access to a public
street or alley and permitting satisfactory ingress and egress of an automobile.
Performance Standard: Criterion established for setbacks, fencing, landscaping,
screening, drainage, accessory buildings, outside storage and to control noise, odor, toxic
or noxious matter, vibration, fire and explosive hazards, or glare or heat or other
nuisance elements generated by or inherent in uses of land or buildings.
Permitted Use: A use which may be lawfully established in a particular district or
districts, provided it conforms with all requirements, regulations, and performance
standards (if any) of such districts.
Person: Any individual or legal entity.
Planned Unit Development:
1.
As a conditional use permit, a development procedure whereby internal
site design standard deviations from this Ordinance may be allowed in
order to accommodate two (2) or more principal structures, and/or
facilitates improved site design and operation.
2.
As a zoning district, a development procedure whereby a mixing of
buildings and uses can occur which cannot be otherwise addressed under
this Ordinance, and/or whereby internal site design standard deviations
from this Ordinance may be allowed to improve site design and operation.
Planning Commission: The Wayzata Planning Commission.
Principal Use: The main use of land or buildings as distinguished from subordinate or
accessory uses. A "principal use" may be either permitted or conditional.
Protective Covenants: Contracts entered into between all owners and holders of
mortgage constituting a restriction on the use of property within a subdivision for the
benefit of the property owners, and providing mutual protection against undesirable
aspects of property value and economic integrity of any given area.
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Public Uses: Uses owned or operated by municipal, school districts, county, state, or
other governmental units.
Public Utility: Any person, firm, corporation, municipal department or board fully
authorized and furnishing under municipal regulation to the public electricity, gas, steam,
communication services, cable television, telegraph services, transportation, water or the
like.
Publication: Notice placed in the official City newspaper stating time, location and date
of meeting and description of the topic.
Quadraminiums: Single structures which contain four (4) subdivided dwelling units all
of which have individually separate entrances from the exterior of the structure.
Railroad Right-of-Way: A strip of land with railway tracks and auxiliary facilities for
track operation.
Recreation, Field or Building: An area of land, water, or any building in which
amusement, recreation or athletic sports are provided for public or semi-public use,
whether temporary or permanent, except a theatre, whether provision is made for the
accommodation of an assembly or not. A golf course, arena, baseball park, stadium,
circus or gymnasium is a recreation field or building for the purpose of this Ordinance.
Recreational Vehicle: Includes manufactured homes less than thirty (30) feet in overall
length, including those with telescope or fold down, chassis, mounted campers, house
cars, motor homes, tent trailers, slip-in-campers (those mounted in a pickup truck or
similar vehicle), converted buses, and converted vans used primarily for recreational
purposes. Cars utilized for racing shall not be included in this definition.
Residential Care Facility: Any facility licensed by the State Department of Health or
Department of Public Welfare, public or private, which for gain or otherwise regularly
provides one or more persons with twenty-four (24) hour per day substitute for care,
food, lodging, training, education, supervision, habilitation, rehabilitation and treatment
they need, but which for any reason cannot be furnished in the person's own home.
Residential facilities include, but are not limited to: State institutions under the control of
the Commissioner of Public Welfare, foster homes, halfway houses, residential treatment
centers, maternity shelters, group homes, residential programs or schools for handicapped
children.
Restaurant: An establishment which serves food in or on non-disposable dishes to be
consumed primarily while seated at tables or booths within the building.
Retail: The sale of items in small quantities directly to the consumer.
Roof Line: Is defined as the top of the coping; or, when the building has a pitched roof,
at the intersection of the outside wall with the roof.
Roomer: One who rents a room and eats meals elsewhere.
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Satellite Dish: Shall mean a combination of (1) antenna or dish antenna whose purpose is
to receive communication or other signals from orbiting satellites and other
extraterrestrial sources; (2) a low-noise amplifier (LNA) which is situated at the focal
point of the receiving component and whose purpose is to magnify and transfer signals;
(3) a coaxial cable whose purpose is to carry the signals into the interior of the building.
Satellite Dish Height: Shall mean the height of the antenna or dish measured vertically
from the highest point of the antenna or dish when positioned for operation, to the top of
the foundation which supports the antenna.
School: A building used for the purpose of elementary or secondary education, which
meets all the requirements of compulsory education laws of the State of Minnesota, and
not providing residential accommodations.
Semi-Public Use: Uses owned by private or private non-profit organizations which are
open to some, but not all, of the public, such as denominational cemeteries, private
schools, clubs, lodges, recreation facilities, churches, etc.
Septic Sewer System: A septic sewer disposal system consists of: septic tank, absorption
field of standard trenches or a dry well, house sewer and outlet sewer. In the septic tank,
bacterial action breaks down sewage. Standard trenches or a dry well handles final
disposal of liquid from the septic tank. The house sewer brings wastes to the tank and the
outlet sewer carries sewage liquids (effluent) from the absorption field.
Setback: The minimum horizontal distance between a structure and the property line
nearest thereto; within Shoreland Districts it shall also mean the minimum horizontal
distance between a structure or a sewage treatment system and the ordinary high water
level. For purposes of earth shelter buildings only, above grade portions shall be used in
determining setback requirements. Distances are to be measured from the most
outwardly extended portion of the structure at ground level, except as provided herein
after.
Shopping Center: An integrated grouping of commercial stores, under single ownership
or control.
Shoreland Related:
1.
Bluff: A topographic feature such as a hill, cliff, or embankment having
the
following characteristics (an area with an average slope of less
than 18 percent over a distance for 50 feet or more shall not be considered
part of the bluff):
a.
Part of all of the feature is located in a shoreland area.
b.
The slope rises at least 25 feet above the ordinary high water level
of the waterbody.
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c.
The grade of the slope from the toe of the bluff to a point 25 feet or
more above the ordinary high water level averages 30 percent or
greater.
d.
The slope must drain toward the waterbody.
2.
Bluff Impact Zone: A bluff and land located within twenty (20) feet from
the top of a bluff.
3.
Boathouse: A structure designed and used primarily for the storage of
boats or boating equipment.
4.
Commercial Planned Unit Development: Uses that provide transient,
short-term loading spaces, rooms, or parcels and their operations are
essentially service-oriented. For example, hotel/motel accommodations,
resorts, recreational vehicle and camping parks, and other primarily
service-oriented activities are commercial planned unit developments.
5.
Commissioner: The Commissioner of the Department of Natural
Resources.
6.
Deck: A horizontal, unenclosed platform with or without attached
railings, seats, trellises, or other features, attached or functionally related
to a principal use or site and at any point extending more than three feet
above ground.
7.
Guest Cottage: A structure used as a dwelling unit that may contain
sleeping spaces and kitchen and bathroom facilities in addition to those
provided in the primary dwelling unit on a lot.
8.
Intensive Vegetation Clearing: The complete removal of trees or shrubs in
a contiguous patch, strip, row or block.
9.
Ordinary High Water Level: The boundary of public waters and wetlands,
and shall be an elevation delineating the highest water level which has
been maintained for a sufficient period of time to leave evidence upon the
landscape, commonly that point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial. For
watercourses, the ordinary high water level is the elevation of the top of
the bank of the channel. For reservoirs and flowage, the ordinary high
water level is the operating elevation of the normal summer pool.
10.
Public Waters: Any waters as defined in Minnesota Statutes, Section
103G.005, Subdivisions 14 and 15. However, no lake, pond, or flowage
of less than 10 acres in size in municipalities and 25 acres in size in
unincorporated areas need be regulated for the purposes of Minnesota
Rules, parts 6120.2500 to 6120.3900. A body of water created by a
private user where there was no previous shoreland may, at the discretion
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of the local government, be exempted from Minnesota Rules, parts
6120.2500 to 6120.2900.
11.
Public Waters - General Development (GD): Large, deep lakes or lakes of
varying sizes and depths with high levels and mixes of existing
development. These lakes often are extensively used for recreation and,
except for the very large lakes, are heavily developed around the shore.
Second and third tiers of development are fairly common. The larger
examples in this class can accommodate additional development and use.
12.
Public Waters - Recreational Development (RD): Medium sized lakes of
varying depths and shapes with a variety of landform, soil, and ground
water situations on the lands around them. They often are characterized
by moderate levels of recreational use and existing development.
Development consists mainly of seasonal and year-round residences and
recreationally-oriented commercial uses. Many of these lakes have
capacities for accommodating additional development and use.
13.
Sensitive Resource Management: The preservation and management of
areas unsuitable for development in their natural state due to constraints
such as shallow soils over ground water or bedrock, highly erosive or
expansive soils, steep slopes, susceptibility to flooding, or occurrence of
flora or fauna in need of special protection.
14.
Sewer System: Pipelines or conduits, pumping stations, and force main,
and all other constructions, devices, appliances, or appurtenances used for
conducting sewage or industrial waste or other wastes to a point of
ultimate disposal.
15.
Shore Impact Zone: Land located between the ordinary high water level
of a public water and a line parallel to it at a setback of 50 percent of the
structure setback.
16.
Shoreland: Land located within the following distances from public
waters: 1,000 feet from the ordinary high water level of a lake, pond, or
flowage; and 300 feet from a river or stream, or the landward extent of a
floodplain designated by Ordinance on a river or stream, whichever is
greater. The limits of shorelands may be reduced whenever the waters
involved are bounded by topographic divides which extend landward from
the waters for lesser distances and when approved by the commissioner.
17.
Significant Historic Site: Any archaeological site, standing structure, or
other property that meets the criteria for eligibility to the National Register
of Historic Places or is listed in the State Register of Historic Sites, or is
determined to be an unplatted cemetery that falls under the provisions of
Minnesota Statutes, Section 307.08. A historic site meets these criteria if
it is presently listed on either register or if it is determined to meet the
qualifications for listing after review by the Minnesota State Archaeologist
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or the Director of the Minnesota Historical Society. All unplatted
cemeteries are automatically considered to be significant historic sites.
18.
Steep Slope: Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the
site's soil characteristics, as mapped and described in available county soil
surveys or other technical reports, unless appropriate design and
construction techniques and farming practices are used in accordance with
the provisions of this Ordinance. Where specific information is not
available, steep slopes are lands having slopes over 12 percent, as
measured over horizontal distances of 50 feet or more, that are not bluffs.
19.
Surface Water-Oriented Commercial Use: The use of land for commercial
purposes, where access to and use of a surface water feature is an integral
part of the normal conductance of business. Marinas, resorts, and
restaurants with transient docking facilities are examples of such use.
20.
Toe of the Bluff: The point on a bluff where there is, as visually observed,
a clearly identifiable break in the slope, from gentler to steeper slope
above. If no break in the slope is apparent, the toe of the bluff shall be
determine to be the lower end of a 50 foot segment, measured on the
ground, with an average slope exceeding 18 percent.
21.
Top of the Bluff: The point on a bluff where there is, as virtually
observed, a clearly identifiable break in the slope, from steeper to gentler
slope above. If no break in the slope is apparent, the top of the bluff shall
be determined to be the upper end of a 50 foot segment, measured on the
ground, with an average slope exceeding 18 percent.
22.
Water-Oriented Accessory Structure or Facility: A small, above ground
building or other improvement, except stairways, fences, docks, and
retaining walls, which, because of the relationship of its use to a surface
water feature, reasonably needs to be located closer to public
waters
than the normal structure setback. Examples of such structures and
facilities include boathouses, gazebos, screen houses, fish houses, pump
houses, and detached decks.
Sign Related:
1.
Artificial light: illumination resulting from internal or external artificial
light sources, including glare and reflected light byproducts of artificial
light sources.
2.
Address Sign: a sign communicating only a street address.
3.
Advertising Sign: Any permanent non-governmental sign advertising
products, services, commodities, entertainment or other activity not
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offered at the location of the sign or not exclusively related to the premises
on which the sign is located.
4.
Alteration: Any change to a sign excluding routine maintenance, repair,
painting or change of copy of any existing sign.
5.
Awning, Canopy or Marquee Sign: A sign that is permanently or semipermanently affixed to an awning, canopy, marquee or other similar
device.
6.
Banners: Attention getting devices which resemble flags and are of a
paper, cloth or plastic-like consistency.
7.
Building Facade: That portion of any exterior elevation of a building
extending from grade to the top of the parapet wall or eaves and the entire
width of the building elevation.
8.
Copy: The wording on a sign surface either permanent or removable letter
form.
9.
Directional Sign: An on-site sign for the purpose of making specific
locations known and to assist in finding these locations (e.g. "Parking",
"Shipping Receiving Area").
10.
Directory Sign, Private: An exterior information wall sign, or a freestanding sign identifying the names of residences, businesses or
professional offices served by a common public entrance such as an
apartment complex, shopping center, or office building.
11.
Directory Sign, Public: A sign, group of signs on a sign panel or any
identifiable object intended to communicate a public message or direction
when located on public property as may be approved by the Wayzata City
Council.
12.
District: A specific zoning district as defined in the City Zoning
Ordinance.
13.
Flashing Sign: Any sign which contains an intermittent or flashing light
source or which includes the illusion of intermittent or flashing light by
means of animation, or an externally-mounted intermittent light source.
14.
Freestanding Sign: A self-supporting sign affixed to a freestanding frame
structure not attached to a building.
15.
Gross Surface Area: The entire area in square feet within a single
continuous perimeter enclosing the extreme limits of the complete
message of any sign, which limits shall include the surface on which the
message is affixed, except that if individual letters of the message are
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affixed directly to the surface of a wall the maximum height and width of
the message shall apply. Such perimeter shall not include any structural
elements lying outside the limits of the sign surface which do not form an
integral part of the sign message, except where the sign structure is held
by the City Manager to be larger than is required for structural strength.
16.
Ground or Low Profile Sing: A sign not supported by exposed posts or
poles which is architecturally designed and located directly at grade, and
where the base width dimension is 50 % more of the greatest width of the
sign. Also called monument sign. Also called a Low Profile Sign.
17.
Holiday or Seasonal Sign: Signs such as religious decorations, etc. or
those used for a historic holiday or special event and displayed for a
limited period of time.
18.
Identification Sign: A sign which identifies the business, owner, manager,
resident or address of the premises where the sign is located and which
contains no other material.
19.
Illuminated Sign: A sign illuminated by an artificial light source either
directed upon it or illuminated from an interior source.
20.
Integral Sign: A sign carrying the name of a building, its date of erection,
monumental citations, commemorative tablets and the like when carved
into stone, concrete or similar material or made of bronze, aluminum or
other permanent type of construction and made an integral part of the
structure.
21.
Monument Sign: A sign not supported by exposed posts or poles which is
architecturally designed and located directly at grade, and where the base
width dimension is 50 % more of the greatest width of the sign. Also
called a ground sign or low profile sign.
22.
Parapet: A low wall which is located on a roof of a building.
23.
Political Sign: A sign used exclusively to call attention to the candidacy of
any individual or party for elective office which appears on the official
ballot to be voted upon by the citizens of the City.
24.
Portable Sign: A sign advertising a product or service so designed as to be
movable from one location to another and not permanently attached to the
ground or a structure.
25.
Principal Frontage: The wall of the principal building on a lot which fronts
toward the principal public streets.
26.
Projecting Sign: Any sign which projects over twelve (12) inches from the
front edge of a roof structure and/or building façade.
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27.
Pylon Sign: A sign supported by a column-type structure that is set firmly
in or below ground surface and finished in a material consistent with the
sign.
28.
Real Estate Sign: A business sign placed only upon a property advertising
that particular property for sale, for rent or for lease.
29.
Roof Sign: A sign erected upon or against a sloping roof but no extending
above or beyond the roof line.
30.
Setback Line: The minimum horizontal distance between a property line
and the nearest edge of the sign, base or support structure.
31.
Sign: A name, identification, description, display or illustration which is
affixed to or represented directly or indirectly upon an awning, canopy,
marquee, building, structure or piece of land which directs attention to an
object, product, place, activity, person, institution, organization or
business, a "sign" shall not include any official court or other public
notices, nor shall it include the flag, emblem or insignia of a nation,
political unit, school or religious, service or fraternal group.
32.
Sign Height: Sign height shall be determined from the base of the sign
structure to the peak of the sign.
33.
Sign Structure: The supports, uprights, bracing, foundations and
framework of any structure which supports or is capable of supporting any
sign as defined herein.
34.
Swinging Sign: A sign installed or an arm or spar, that is not, in addition,
permanently fastened to an adjacent wall or upright pole.
35.
Temporary Sign: A sign erected or displayed for a specific period of time.
36.
Time and/or Temperature Sign: A sign that displays the current time
and/or temperature without advertising material, company name, logo or
other identifying marks.
37.
Total Allowable Sign Area: The maximum allowable gross surface area
in square feet of a sign or signs. The maximum number of signs cannot be
arranged and integrated so as to create a surface area in excess of this
requirement.
38.
Traffic Sign: A sign which is erected by a governmental unit for the
purpose of directing or guiding traffic.
39.
UL Approved: A device which has been approved by the "Underwriters'
Laboratories (48)", a U.S. non-profit organization which establishes
standards for electrical equipment.
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40.
Wall Sign: A single-faced sign attached to or painted on an exterior wall
of a building, parallel to the building wall and which does not project more
than twelve (12) inches from the plane of the building.
41.
Window Sign: A sign that is placed inside a window or upon the window
or upon the windowpanes or glass and is visible from the exterior of the
window. This does not include merchandise on display.
Site Plan: A map drawn to scale depicting the development of a tract of land, including,
but not limited to, the location and relationship of structures, streets, driveways,
recreation areas, parking areas, easements, utilities, landscaping, and walkways, as
related to a proposed development.
Slope: Means the degree of deviation of a surface from the horizontal, usually, expressed
in percent of degrees.
Solar Energy System: Any solar collector or other solar device or any structural design
of a building whose primary purpose is to collect, convert and store solar energy for
useful purposes including heating and cooling of buildings, domestic water heating,
electric power generation and other energy using processes.
Spot Zoning: A zoning situation where a property or group of properties is unjustifiably
zoned differently from adjacent properties, and is not sufficiently unique from such
adjacent properties to justify a different zoning classification, nor is such action in
compliance with the Comprehensive Plan.
Stacking Area: That area which allows for a line of automobiles in such instances as
drive-up tellers and other vehicle service areas.
Story: That portion of a building included between the upper surface of any floor and
the upper surface of the floor next above, including below ground portions of earth
sheltered buildings, except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling or roof above. If
the finished floor level directly above a basement, or unused under floor space is more
than six (6) feet above grade as defined herein for more than fifty (50) percent of the total
perimeter or is more than twenty (12) feet above grade as defined herein at any point,
such basement or unused under floor space shall be considered as a story.
Story, First: The lowest story in a building which qualifies as a story, as defined herein,
except that a floor level in a building having only one floor level shall be classified as a
first story, provided such floor level is not more than four (4) feet below grade, as defined
herein, for more than fifty percent (50%) of the total perimeter or not more than eight (8)
feet below grade, as defined herein, at any point.
Street: A public right-of-way for vehicular traffic, whether designated as a highway,
thoroughfare, arterial, parkway, collector, through-way, road, avenue, boulevard, lane,
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place, drive, court or otherwise designated, which has been dedicated or deeded to the
public for public use and which affords principal means of access to abutting property.
Street-Collector: Collector roadways provide a balance between land access and
mobility. Their primary function is to move traffic from the local street system to the
arterial system. When collectors intersect with arterials, traffic signals generally control
traffic. Intersections with local streets are usually under stop sign control with collector
streets having their right-of way.
Street-Local: Local streets provide local land access with limited emphasis on mobility.
Local streets account for 65 to 80 percent of the total road system mileage but carry only
10 to 30 percent of the total traffic. In a residential setting, driveways are freely
permitted and intersections of local streets are often uncontrolled. Stop signs are usually
installed where traffic control is required such as at intersections with collector streets.
Street-Minor Arterial: Minor arterials make up the class of roadways including other state
highways, certain county roads and major city streets. These roads primarily provide
mobility, carrying short to medium length trips (two to six miles), and have controlled
land access. Minor arterials as a group account for about 15 to 25 percent of the total
mileage and carry roughly one-fourth of all traffic for the metropolitan roadway system.
Minor arterials generally are given the traffic right-of-way over local streets and they
usually have traffic signals at intersections with other minor arterials and some collector
streets.
Street-Intermediate Arterial: The intermediate arterial category was developed by the
City of Wayzata and is not included in the Metropolitan Council's Development Guide.
Intermediate arterials function at a level between the minor arterial and major arterial
categories. Intermediate arterials are not limited access facilities but serve primarily trips
between rather than within subregions.
Street-Principal (Major) Arterial: Major arterials provide a high level of mobility
between subregions, serving medium to long distance trips. Principal arterials are grade
separated or have high capacity controlled at-grade intersections. No parking is
permitted, the posted speed limit is typically 40-55 mph and traffic volumes range from
10,000 to 50,000 ADT. The Metropolitan Council recommends that major arterials be
spaced one to three miles apart.
Street Pavement: The wearing or exposed surface of a street or roadway used by
vehicular traffic.
Street Width: The shortest distance between the lines delineating the right-of-way of a
street.
Structure: Anything which is built, constructed or erected; an edifice or building of any
kind; or any piece of work artificially built up and/or composed of parts joined together
in some definite manner whether temporary or permanent in character. Among other
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things, structures including but not limited to buildings, decks, walls, fences, and
swimming pools.
Structural Alteration: Any change, other than incidental repairs, which would prolong, or
modify the life of the supporting members of a building, such as bearing walls, columns,
beams, girders, or foundations.
Surveyor: A land surveyor registered under Minnesota State laws.
Swimming Pool: A structure designed to be used for swimming which has a capacity of
three thousand (3,000) gallons or more or which has a depth of over thirty-six (36)
inches.
Taproom (Brewery): An area for the on-sale consumption of malt liquor produced by the
brewer for consumption on the premises of a brewery. A taproom may also include sale
for off-premises consumption of malt liquor produced at the brewery location or adjacent
taproom and owned by the brewery for off-premises consumption, packaged subject to
Minnesota Statute 240A.301, subdivision 7(b), or its successor.
Tasting Room (Winery/Distillery): An area for the on-sale consumption of distilled
spirits or wine produced on the premises of one winery or one distillery and in common
ownership to the producer of the wine or distilled spirits.
Townhouses: Structure housing four (4) or more dwelling units contiguous to each other
only by the sharing a common wall(s), each such unit having a separate primary entrance
to the exterior of the building at or near grade level, such structures to be of the town or
row houses type as contrasted to multiple apartment structures.
Travel Trailer: Any vehicle or structure designed and used for human living quarters
which meets all of the following qualifications:
1.
Is not used as the permanent residence of the owner or occupant.
2.
Is used for temporary living quarters by the owner or occupant while
engaged in recreational or vacation activities.
3.
Is towed or otherwise transported by its own or by other motive power, on
the public streets or highways incidental to such recreational or vacation
activity.
The term "travel trailer" shall not include manufactured home. The term "travel trailer"
shall include, but not be limited to, campers, camper tents, house trailers, camping
trailers, travel trailers, tent trailers and any other self-propelled vehicle constructed to
provide living accommodations. (See also the definition of "Recreation Vehicle".)
Use: The purpose or activity for which the land or building thereon is designated,
arranged, or intended or for which it is occupied, utilized or maintained, and shall include
the performance of such activity as defined by the performance standards of this
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Ordinance. Uses are classified as principal or accessory and as permitted conditional,
and prohibited.
Usable Open Space: A required ground area or terrace area on a lot which is graded,
developed, landscaped and equipped and intended and maintained for either active or
passive recreation or both, available and accessible to and usable by all persons
occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be
grassed and landscaped or covered only for a recreational purpose. Roofs, driveways and
parking areas shall not constitute usable open space.
Variance: A variance is a relaxation of the terms of this Ordinance where such deviation
will not be contrary to the public interest and where, owing to physical conditions unique
to the individual property under consideration and not the result of the actions of the
applicant, a literal enforcement of the ordinance would result in unnecessary and undue
hardship.
Veterinary Clinic: Those uses concerned with the diagnosis, treatment and medical care
of animals including animal or pet hospitals.
Warehousing: The storage of materials or equipment within an enclosed building.
Waterbody: Means a body of water (lake, pond) or a depression of land or expanded part
of a river, or an enclosed basin that holds water and is surrounded by land.
Watercourse: A channel or depression through which water flows, such as rivers,
streams, creeks, and may flow year-round or intermittently.
Watershed: The area drained by the natural and artificial drainage system, bounded
peripherally by a bridge or stretch of high land dividing drainage areas.
Wetlands Related:
1.
Wetland: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support and that in normal
circumstances do support, a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs and similar areas. Wetlands have the following general
diagnostic environmental conditions.
a.
Vegetation. The prevalent vegetation consists of macrophytes that
are typically adapted to areas having hydrologic and soil
conditions described above. Hydrophytic species, due
tomorphological, physiological, and/or reproductive adaptation(s),
have the ability to grow, effectively compete, reproduce, and/or
persist in anaerobic soil conditions. The period of inundation or
soil saturation varies according to the hydrologic/soil moisture
regime.
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b.
Soil. Soils are present and have been classified as hydric, or they
possess characteristics that are associated with reducing soil
conditions.
c.
Hydrology. The area is inundated either permanently or
periodically at mean water depths <2 meters (6.6 feet), or the soil
is saturated to the surface at some time during the growing
season of the prevalent vegetation. The period of inundation or
soil saturation varies according to the hydrologic/soil moisture
regime.
Indicators of vegetation associated with wetlands, of developed under reducing
conditions, and of hydrologic conditions that occur in wetlands are listed in the
"Corps of Engineers Wetlands Delineation Manual" (U.S.-ACOE, Environmental
Laboratory, 1987. Technical Report Y-87-1, U.S. Army Engineer Waterways
Experiment Station, Vicksburg, Miss.). As defined here, wetlands also include
any watercourse, natural drainage system, water body, storm water detention
basin or wetland that may be subject to periodic flooding, overflow, and/or
seasonal high water table.
2.
Wetlands Overlay District: The area containing the wetlands within the
City of Wayzata, such wetlands being defined as any watercourse, natural
drainage system, water body, storm water detention basin or wetland that
may be subject to periodic flooding, overflow, or seasonal high water
table.
3.
Accessory Structure: A structure not intended for human habitation, the
structure on the same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure.
4.
Wetland District Boundary: That area located between the calculated 100
year frequency flood elevation and two and one-half (2-1/2) feet above the
100 year frequency flood elevation.
5.
Essential Services: Those services deemed by the City Council to be
necessary for the health, safety and general welfare of residents of the
community and surrounding area.
6.
Flood Envelope: Represents the boundary of the Wayzata Overlay
District, such boundary being defined as that area located between the
calculated 100 year frequency flood elevation and two and one-half (21/2) feet above the 100 year frequency flood elevation.
7.
Flood Envelope of a Wetland/Detention Basin: Represents the boundary
of the detention basin, such boundary being defined as that area located
between the calculated 100 year frequency flood elevation and two and
one-half (2-1/2) feet above the 100 year frequency flood elevation.
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8.
Storm Water Detention Basin: A basin, depression or holding area which
is intended or used for the detention or storage of storm water runoff.
9.
Wetland System District Map: That map showing the wetland districts
within the City of Wayzata. The wetlands are classified pursuant to the
"Corps of Engineer Wetlands Delineation Manual" (U.S. ACOE,
Environmental Laboratory, 1987. Technical Report Y-87-1, U.S. Army
Engineer Waterways Experiment Station, Vicksburg, Miss.), and the
"Storm Water Management Plan for the City of Wayzata."
10.
Wetland Systems Impact Plan: Plan for development of any area within
the Wayzata Wetlands Overlay District.
Wholesaling: The selling of goods, equipment and materials by bulk to another business
that in turn sells to the final customer.
Winery: A facility operated by the owner of a Minnesota farm and producing table,
sparkling, or fortified wines from grapes, grape juice, other fruit bases, or honey with a
majority of the ingredients grown or produced in Minnesota. A winery may include a
tasting room.
Yard: An open space on the same lot with a building, unoccupied and unobstructed by
any portion of a structure from the ground upward, except as otherwise provided herein.
Yard, Depth of: The mean horizontal distance between the line of a building and the lot
line.
Yard, Front: The front yard of a lot shall be considered to be the area extending along the
full length of a front lot line between side lot lines and to the depth required in the yard
regulations for the district in which it is located.
Yard, Rear: A space extending between the rear line of the principal building and the
rear line of the lot and extending the full width of the lot.
Yard, Required; That distance specified in the yard requirements pertaining to setbacks.
Setbacks and required yards are used interchangeably.
Yard, Side: A yard between the principal building and the side line of the lot extending
from the front to the rear building lines.
Zero Lot Line: The reduction of side yard setback requirements to zero, permitting the
placement of a structure near or adjacent to the side yard lot line. With zero lot line, no
portion of the structure or accessory appurtenance shall project over the lot line.
Zoning Administrator: The duly appointed officer charged with the administration and
enforcement of this Ordinance.
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Zoning Amendment: A change authorized by the City Council either in the allowed use
within a district or in the boundaries of the district.
Zoning District: An area or areas of the City (as delineated on the Zoning Map) set aside
for specific uses with specific regulations and provisions for use and development as
defined by this Ordinance.
Zoning District Overlay: A zoning district containing regulations superimposed upon
other zoning district regulations and superseding the underlying zoning district use
regulations.
Zoning District Underlying (Base): All zoning districts except overlay zoning districts.
Zoning Map: The map or maps incorporated into this Ordinance as part thereof,
designating the zoning districts.
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SECTION 3
ADMINISTRATION - AMENDMENTS (TEXT AND MAP)
Section 801.03:
801.03.1:
801.03.2:
801.03.3:
801.03.1:
Amendments to Zoning Ordinance
Procedure
Amendments - Initiation
AMENDMENTS TO ZONING ORDINANCE:
The regulations, restrictions and boundaries set forth in this Ordinance may from time to
time be amended, supplemented, changed or repealed; provided, however, that no such
action may be taken until after a public hearing in relation thereto, at which parties with
interest and citizens shall have an opportunity to be heard. At least ten (10) days' notice
of the time and place of such hearing shall be published in the official newspaper of
general circulation in the City. Any action taken pursuant to this Section shall be in
compliance and accordance with the rules and regulations of the Department of Natural
Resources, State of Minnesota, and the Federal Emergency Management Agency.
801.03.2:
PROCEDURE:
A.
Requests for rezoning (text or map) shall be filed with the Zoning Administrator on an
official application form. Such application shall be accompanied by a fee as provided by
City Council resolution. Such application shall also be accompanied by five (5) large
scale copies and one (1) reduced scale (8 1/2" x 11") copy of detailed written and graphic
materials fully explaining the proposed change, development, or use. The request for
amendment shall be placed on the agenda of the first possible Planning Commission
meeting occurring at least thirty (30) days from the date of official submission of the
application unless waived by the Zoning Administrator. The request shall be considered
“officially submitted” and the application approval timeline shall commence when all the
informational requirements are complied with as required by this Ordinance.
B.
Proof of Ownership or Authorization: The applicant shall supply proof of title of the
property for which the rezoning is requested, consisting of an abstract of title or
registered property abstract currently certified together with any unrecorded documents
whereby the petitioners acquire a legal ownership or equitable ownership interest or
supply written authorization from the owner(s) of the property in question to proceed
with the requested rezoning.
C.
Upon receipt of an officially submitted application, the City shall set a public hearing
following proper hearing notification as applicable. The Planning Commission shall
conduct the hearing and report its findings and recommendations to the City Council.
Notice of said hearing shall consist of a legal property description and description of the
request, and shall be published in the official newspaper at least ten (10) days prior to
hearing and written notice of said hearing shall be mailed at least ten (10) days prior to all
owners of land within three hundred fifty (350) feet of the property in question (public
right-of-way shall not be included in the three hundred fifty (350) foot measurement).
The records of the city Assessor shall be deemed sufficient for determining the location
and ownership of all such properties. A copy of the notice and a list of the property
3-1
owners and addresses to which the notice was sent shall be attested and made a part of
the records of the proceeding.
D.
Failure of a property owner to receive said notice shall not invalidate any such
proceedings as set forth within this Section provided a bona fide attempt has been made
to comply with the notice requirements of this Section.
E.
The Zoning Administrator shall instruct the appropriate staff persons to prepare technical
reports, and provide general assistance in preparing a recommendation on the action to
the City Council.
F.
The Planning Commission shall consider possible adverse effects of the proposed
amendment. Its judgment shall be based upon (but not limited to) the following factors:
1.
The proposed action in relation to the specific policies and provisions of the
official City Comprehensive Plan.
2.
The proposed use's conformity with present and future land uses of the area.
3.
The proposed use's conformity with all performance standards contained herein
(i.e., parking, loading, noise, etc.).
4.
The proposed use's effect on the area in which it is proposed.
5.
The proposed use's impact upon property value in the area in which it is
proposed.
6.
Traffic generation by the proposed use in relation to capabilities of streets serving
the property.
7.
The proposed use's impact upon existing public services and facilities including
parks, schools, streets, and utilities, and the City's service capacity.
G.
The Planning Commission and City staff shall have the authority to request additional
information from the applicant or to retain expert testimony at the expense of the
applicant, said information to be declared necessary to evaluate the request and/or to
establish performance conditions in relation to all pertinent sections of this Ordinance.
Failure on the part of the applicant to supply all necessary supportive information may be
grounds for denial of the request.
H.
The applicant or a representative thereof shall appear before the Planning Commission in
order to answer questions concerning the proposed request.
I.
The Planning Commission shall recommend approval or denial of the request.
J.
As may be applicable, the Planning Commission shall hold a discussion and design
review of the proposal in accordance with Section 801.09 of this Ordinance.
K.
The City Council shall not act upon an amendment until they have received a report and
recommendation from the Planning Commission. If, however, the Planning Commission
has not acted upon the request within a period of time sufficient to allow a decision to be
3-2
made within the time requirements of Section 801.03.2.Q., the City Council may proceed
with its consideration and action on the request.
L.
Upon receiving the report and recommendation the Planning Commission, the City shall
place the report and recommendation on the agenda for the next regular City Council
meeting. Such reports and recommendations shall be entered in and made part of the
permanent written record of the City Council meeting.
M.
Upon receiving the report and recommendation of the Planning Commission and the City
staff, the City Council shall have the option to set and hold a public hearing if
deemed
necessary.
N.
If, upon receiving said reports and recommendations of the Planning Commission, the
City Council finds that specific inconsistencies exist in the review process and thus the
final recommendation of the City Council will differ from that of the Planning
Commission, the City Council may before taking final action, refer the matter back to the
Planning Commission for further consideration. The City Council shall provide the
Planning Commission with a written statement detailing the specific reasons for referral.
This procedure shall be followed only one time on a singular request.
O.
Approval of a proposed amendment (text or map) shall require passage by a majority vote
(3 of 5) of the City Council, except when the proposed amendment would change the
existing zoning from residential to commercial, where a two-thirds majority vote (4 of 5)
of the City Council is required.
P.
The amendment shall not become effective until such time as the City Council approves
the ordinance reflecting said amendment and after said ordinance is published in the
official newspaper.
Q.
Pursuant to Minnesota Statutes 15.99, as may be amended, an application for an
amendment shall be approved or denied within sixty (60) days from the date of its official
submission unless notice of extension is provided by the City or time waiver is granted
by the applicant. If applicable, processing of the application through required state or
federal agencies shall extend the review and decision-making period an additional sixty
(60) days unless this limitation is waived by the applicant.
R.
Whenever an application for an amendment has been considered and denied by the City
Council, a similar application and proposal for the amendment affecting the same
property shall not be considered again by the Planning Commission or City Council for at
least one (1) year from the date of its denial except as follows:
1.
Applications are withdrawn prior to the City Council taking action on the matter.
2.
If the City Council determines that the circumstances surrounding a previous
application have changed significantly.
3.
If the City Council decides to reconsider such matter by a vote of not less than
four of five (4 of 5).
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801.03.3:
AMENDMENTS - INITIATION:
The City Council or Planning Commission may, upon their own motion, initiate a request
to amend the text or the district boundaries of this Ordinance. Any person owning real
estate or having documented interest therein, within the City may initiate a request to
amend the district and map boundaries or text of this Ordinance, so as to affect the said
real estate.
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SECTION 4
ADMINISTRATION - CONDITIONAL USE PERMITS
Section 801.04:
801.04.1:
801.04.2:
801.04.3:
801.04.4:
801.04.5:
801.04.6:
801.04.7:
801.04.8:
801.04.1:
Purpose
Procedure
Application
Information Requirement
Amended Conditional Use Permits
Lapse of Permit
Performance Security
Initiation
PURPOSE:
The purpose of a conditional use permit is to provide the City of Wayzata with a
reasonable degree of discretion in determining the suitability of certain designated uses
upon the general welfare, public health and safety. In making this determination, whether
or not the conditional use is land or buildings, the effect upon traffic into and from the
premises, or on any adjoining roads, and all other or further factors as the City shall deem
a prerequisite of consideration in determining the effect of the use on the general welfare,
public health and safety.
801.04.2:
PROCEDURE:
A.
Request for conditional use permits, as provided within this Title shall be filed with the
City on an official application form. Such application shall be accompanied by a fee as
provided for by City Council Resolution. Such application shall also be accompanied by
five (5) large scale copies and one (1) reduced scale (8 1/2" x 11") copy of detailed
written and graphic materials fully explaining the proposed change, development, or use.
The request for a conditional use permit shall be placed on the agenda of the first
possible Planning Commission meeting occurring at least thirty (30) days from the date
of official submission of the application unless waived by the Zoning Administrator. The
request shall be considered as being “officially submitted” and the application approval
timeline shall commence when all the information requirements are complied with as
required by this Ordinance.
B.
Proof of Ownership or Authorization: The applicant shall supply proof of title and the
legal description of the property for which the conditional use permit is requested,
consisting of an abstract of title or registered property abstract currently certified together
with any unrecorded documents whereby the petitioners acquire a legal ownership or
equitable ownership interest or supply written authorization from the owner(s) of the
property in question to proceed with the requested conditional use permit.
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C.
Upon receipt of an officially submitted application, the City shall set a public hearing
following proper hearing notification as applicable. The Planning Commission shall
conduct the hearing, and report its findings and make recommendations to the City
Council. Notice of said hearing shall consist of a legal property description and
description of request, and be published in the official newspaper at least ten (10) days
prior to the hearing and written notification of said hearing shall be mailed at least ten
(10) days prior to all owners of land within three hundred fifty (350) feet of the boundary
of the property in question (public right-of-way shall not be included in the three hundred
fifty (350) foot measurement). Records of the City Assessor shall be deemed sufficient
for determining the location and ownership of all such properties. A copy of the notice
and a list of the property owners and addresses to which the notice was sent shall be
attested and made a part of the records of the proceeding.
D.
Failure of a property owner to receive said notice shall not invalidate any such
proceedings as set forth within this Section provided a bona fide attempt has been made
to comply with the notice requirements of this Section.
E.
The Zoning Administrator shall instruct the appropriate staff persons to prepare technical
reports where appropriate, and provide general assistance in preparing a recommendation
on the action of the City Council.
F.
The Planning Commission and City Council shall consider possible adverse effects of the
proposed conditional use. Their judgment shall be based upon (but not limited to) the
following factors:
G.
1
The proposed action in relation to the specific policies and provisions of the
official City Comprehensive Plan.
2.
The proposed use's compatibility with present and future uses of the area.
3.
The proposed use's conformity with all performance standards contained herein
(i.e., parking, loading, noise, etc.).
4.
The proposed use's effect on the area in which it is proposed.
5.
The proposed use's impact upon property values in the area in which it is
developed.
6.
Traffic generated by the proposed use is in relation to capabilities of streets
serving the property.
7.
The proposed use's impact upon existing public services and facilities including
parks, schools, streets and utilities, and the City's service capacity.
The Planning Commission and City staff shall have the authority to request additional
information from the applicant concerning operational factors or to retain expert
testimony with the consent and at the expense of the applicant concerning operational
factors, said information is to be declared necessary to evaluate the request and/or to
4-2
establish performance conditions in relation to all pertinent sections of this Ordinance.
Failure on the part of the applicant to supply all necessary supportive information may be
grounds for denial of the request.
H.
The applicant or a representative thereof shall appear before the Planning Commission in
order to answer questions concerning the proposed request.
I.
The Planning Commission shall make a finding of fact and recommend such actions or
conditions relating to the request as they deem necessary to carry out the intent and
purpose of this Ordinance.
J.
As may be appropriate, the Planning Commission shall hold a discussion and design
review of the proposal in accordance with Section 801.09 of this Ordinance.
K.
The City Council shall not grant a conditional use permit until they have received a report
and recommendation from the Planning Commission. If, however, the Planning
Commission has not acted upon the request within a period of time sufficient to allow a
decision to be made within the time requirements of Section 801.03.2, the City Council
may proceed with its consideration and action on the request.
L.
Upon receiving the report and recommendation of the Planning Commission, the City
shall place the report and recommendation on the agenda for the next regular City
Council meeting. Such reports and recommendations shall be entered in and made part
of the permanent written record of the City Council meeting.
M.
Upon receiving the report and recommendation of the Planning Commission, the City
Council shall have the option to set and hold a public hearing if deemed necessary and
shall make a recorded finding of fact and may impose any condition it considers
necessary to protect the public health, safety and welfare.
N.
If, upon receiving said reports and recommendations of the Planning Commission, the
City Council finds that specific inconsistencies exist in the review process and thus the
final recommendation of the City Council will differ from that of the Planning
Commission, the City Council may before taking final action, refer the matter back to the
Planning Commission for further consideration. The City Council shall provide the
Planning Commission with a written statement detailing the specific reasons for referral.
This procedure shall be followed only one time on a specific request.
O.
Approval of a request shall require passage by three of five (3 of 5) votes of the entire
City Council. The City Council reserves the right to impose reasonable conditions on the
approval of a conditional use permit in order to protect the general welfare, public heath,
and safety of the community.
P.
Whenever an application for a conditional use permit has been considered and denied by
the City Council, a similar application for the conditional use permit affecting
substantially the same property shall not be considered again by the Planning
Commission or City Council for at least one (1) year from the date of its denial, except as
follows:
1.
The City Council determines that an application is different from that applied for
within a one (1) year period.
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Q.
2.
If the City Council determines that the circumstances surrounding a previous
application have changed significantly.
3.
If the City Council decides to reconsider such matter by a vote of not less than
three of five (3 of 5).
If a request for a conditional use permit receives approval of the City Council, the
applicant shall record such with the County Recorder within thirty (30) days of the City
Council approval date. The applicant, immediately upon recording such or as soon as is
reasonably possible, shall furnish the City proof of recording. No building permits for
the property in question will be granted until such proof of recording is furnished to the
City.
801.04.3:
APPLICATION:
The conditional use permit and the stipulations, limitations and conditions therein shall
be applied to the property in question.
801.04.4:
INFORMATION REQUIREMENT:
The information required for all conditional use permit applications generally consists of
the following items, and shall be submitted when requested by the City:
A.
B.
Site Development Plan:
1.
Location of all buildings on lots including both existing and proposed structures.
2.
Location of all adjacent buildings located within three hundred fifty (350) feet of
the exterior boundaries of the property in question.
3.
Location and number of existing and proposed parking spaces.
4.
Vehicular circulation.
5.
Architectural elevations (type and materials used in all external surface).
6.
Location and type of all proposed lights.
7.
Curb cuts, driveways, number of parking spaces.
8.
Site plan details such as trash receptacles, etc.
9.
Site and project model.
Dimension Plan:
1.
Lot dimensions and area.
2.
Dimensions of proposed and existing structures.
3.
"Typical" floor plan and "typical" room plan.
4.
Setbacks of all buildings located on property in question.
4-4
C.
D.
5.
Proposed setbacks.
6.
Sanitary sewer and water plan with estimated use per day.
Grading Plan:
1.
Existing contours.
2.
Proposed grading elevations.
3.
Drainage configuration.
4.
Storm sewer catch basins and invert elevations.
5.
Spot elevations.
6.
Proposed road profile.
7.
Erosion control measures.
Landscape Plan:
1.
Location of all existing trees, type, diameter, and which trees will be removed.
2.
Location, type and diameter of all proposed plantings.
3.
Location and material used for all screening devices.
801.04.5:
AMENDED CONDITIONAL USE PERMITS:
An amended conditional use permit may be applied for and administered in a manner
similar to that required for a new conditional use permit. Amended conditional use
permits shall include re-applications for permits that have been denied, requests for
substantial changes in conditions or expansions of use, and as otherwise described in this
Ordinance.
801.04.6:
LAPSE OF APPROVAL:
A.
Unless the City Council specifically approves a different time when action is officially
taken on the request, the conditional use permit shall become null and void twelve (12)
months after the date of approval, unless the property owner or applicant has substantially
started the construction of any building, structure, addition or alteration, or use requested
as part of the conditional use. The property owner or applicant shall have the right to
submit an application for time extension in accordance with this section.
B.
An application to extend the approval of a conditional use permit shall be submitted to
the Zoning Administrator not less than thirty (30) days before the expiration of said
approval. Such an application shall state the facts of the request, showing a good faith
attempt to utilize the permit, and it shall state the additional time being requested to begin
the proposed construction. The application shall be heard and decided by the City
Council prior to the lapse of approval of the original request.
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C.
In making its determination on whether an applicant has made a good faith attempt to
utilize the conditional use permit, the City Council shall consider such factors as the type,
design, and size of the proposed construction, any applicable restrictions on financing, or
special and/or unique circumstances beyond the control of the applicant which have
caused the delay.
801.04.7:
PERFORMANCE SECURITY:
A.
Except in the case of non-income producing residential property (excluding relocated
structures), upon approval of a conditional use permit the City shall be provided, when
deemed necessary by the City Council, with a surety bond, cash escrow, certificate of
deposit, securities, or cash deposit prior to the issuing of building permits or initiation of
work on the proposed improvements or development. Said security shall be noncancelable and shall guarantee conformance and compliance with the conditions of the
conditional use permit and the ordinances of the City.
B.
The security shall be in the amount equal to one hundred twenty-five (125) percent of the
City Engineer's or City Building Official's estimated costs of labor and materials for the
proposed improvements. Said project can be handled in stages upon the discretion of the
City Engineer and Building Official
C.
The City shall hold the security until completion of the proposed improvements or
development and a certificate of occupancy indicating compliance with the conditional
use permit and ordinances of the City has been issued by the City Building Official.
D.
Failure to comply with the conditions of the conditional use permit or the ordinances of
the City shall result in forfeiture of the security.
E.
Whenever a performance guarantee is imposed by the City, the applicant shall be
required to enter into a performance agreement with the City. This agreement is to
provide authorization to the City to utilize the posted security and complete stipulated
work should the applicant fail to meet the terms and conditions of the permit. Said
agreement shall hold harmless the City for completion of the work and address other
matters as may be determined by the City Attorney.
801.04.8:
INITIATION:
The City Council or the Planning Commission may, upon their own motion, initiate a
request for a conditional use permit in conformance with the provisions of this
Ordinance. Any person owning real estate or having documented interest therein, may
initiate a request for a conditional use permit for said real estate in conformance with the
provisions of this Ordinance.
4-6
SECTION 5
ADMINISTRATION - VARIANCES
Section 801.05:
801.05.1:
801.05.2:
801.05.3:
801.05.4:
801.05.1:
General Provisions and Standards
Procedures
Lapse of Variance
Performance Security
GENERAL PROVISIONS AND STANDARDS:
A.
Purpose. The purpose of this Section is to provide for deviations from the literal
provisions of this Ordinance in instances where strict enforcement of the provisions of
this Ordinance would cause practical difficulties because of circumstances unique to the
individual property under consideration, and to grant such variances only when the
variances are harmony with the general purposes and intent of this Ordinance, and the
variances are consistent with the Comprehensive Plan.
B.
Board of Adjustment and Appeals. The City Council shall serve as the Board of
Adjustment and Appeals.
C.
Criteria for Granting: Conditions governing considerations of variance requests:
1.
Variances shall only be permitted when they are:
(i) in harmony with the general purposes and intent of this Ordinance; and
(ii) consistent with the Comprehensive Plan.
2.
Variances may be granted when the Applicant for the variance establishes that
there are practical difficulties in complying with this Ordinance.
3.
“Practical difficulties,” as used in connection with the granting of a variance,
means that:
(i) the property owner’s proposal for the property is reasonable but not permitted
by this Ordinance;
(ii) the plight of the landowner is due to circumstances unique to the property,
and not created by the landowner; and
(iii) the variance, if granted, will not alter the essential character of the locality.
4.
Economic considerations alone do not constitute practical difficulties. Practical
difficulties include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
5.
Variances shall be granted for earth sheltered construction as defined in
Minnesota Statutes, section 216C.06, subdivision 14, when in harmony with this
Ordinance.
6.
The City Council shall not permit as a variance any use that is not allowed under
this Ordinance for property in the zoning district where the affected person’s land
is located, except the City Council may permit as a variance the temporary use of
a one family dwelling as a two family dwelling.
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7.
The City Council may impose conditions in the granting of variances. A
condition must be directly related to and must bear a rough proportionality to the
impact created by the variance.
8.
An application for a variance shall set forth reasons that the variance is justified
under the criteria of this section in order to make reasonable use of the land,
structure or building.
801.05.2:
A.
PROCEDURES:
Variances:
1.
Processing.
a.
Requests for variances shall be filed with the City on an official
application form. Such application shall be accompanied by a
fee as provided for by City Council Resolution. Such
application shall also be accompanied by five (5) copies and one
(1) reduced (8 1/2” x 11”) copy of detailed written and graphic
materials fully explaining the proposed change, development, or
use. The request for variance shall be placed on the agenda of
the first possible Planning Commission meeting occurring at
least thirty (30) days from the date of the official submission of
the application unless determined otherwise by the Zoning
Administrator. An application shall be deemed complete when
all the informational requirements have been met, as required by
this Ordinance.
b.
Upon receipt of an application, the City shall schedule a public
hearing and provide notice of the hearing specified hereunder.
The Planning Commission shall conduct the hearing, and reports
its findings and recommendations to the City Council in
accordance with the procedure specified herein. Notice of said
hearing shall consist of a legal property description of request,
and be published in the official newspaper at least ten (10) days
prior to the hearing and written notification of said hearing shall
be mailed at least ten (10) days prior to all owners of land within
five hundred (500) feet of the boundary of the property in
question (public right-of-way shall not be included in the five
hundred (500) foot measurement). Hennepin County Property
Tax Service records shall be deemed sufficient for determining
the location and ownership of said property. A copy of the
notice and a list of the property owners and addresses to which
the notice was sent shall be attested and made a part of the
records of the proceeding.
c.
For properties within the Shoreland, Floodway or Flood Fringe
Overlay District, the City shall submit a copy of the application
for proposed variance to the Commissioner of Natural Resources
sufficiently in advance so that the Commissioner will receive at
least ten (10) day’s advance notice of the hearing.
d.
Failure of a property owner to receive said notice shall not
invalidate any such proceedings as set forth within this
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Ordinance provided a bona fide attempt has been made to
comply with the notice requirements of this Section.
e.
The Zoning Administrator shall instruct the appropriate staff
persons to prepare technical reports where appropriate, and
provide general assistance in preparing a recommendation on the
action to the Council.
f.
The Planning Commission and City staff shall have the authority
to request additional information from the applicant concerning
the request or to retain expert testimony with the consent and at
the expense of the applicant concerning the request. Failure of
an applicant to supply all necessary supportive information may
be grounds for denial of the request.
g.
The applicant or representative thereof shall appear before the
Planning Commission to answer questions concerning the
proposed variance.
h.
The Planning Commission shall make findings of fact and
recommend approval or denial of the request, and forward such
report of factual findings and recommendation on the application
to the City Council. Such findings and recommendation shall be
based upon the criteria listed Section 801.05.1.C of this
Ordinance.
i.
Upon receiving the report and recommendation of the Planning
Commission, the City shall place the report and
recommendations on the agenda for the next regular City
Council meeting. Such report and recommendation shall be
entered in and made part of the permanent written record of the
City Council meeting.
j.
If the Planning Commission has not acted upon the request
within a period of time sufficient to allow a decision to be made
by the City Council within the time requirements of Section
801.03.2.Q of this Ordinance, the City Council may proceed
without the Planning Commission’s consideration and action on
the request.
k.
The Council shall review the application and may at its option
conduct a public hearing on the request.
l.
The Council shall make findings of fact and approve or deny a
request for variance as soon as such request may be heard after
receipt of the Planning Commission’s recommendation. Such
findings and decision shall be based upon the criteria listed
Section 801.05.1.C of this Ordinance.
m.
A variance shall be approved and granted upon the affirmative
majority vote (at least 3 of 5 members) of the City Council.
n.
All decisions by the Council involving a variance request shall
be final except that an aggrieved person or persons shall have the
right to appeal within thirty (30) days of the decision to the
Hennepin County District Court.
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o.
A copy of all decisions granting variances for properties in the
Shoreland, Floodway or Flood Fringe shall be forwarded to the
Commissioner of Natural Resources within ten (10) days of such
action.
p.
Whenever a variance has been considered and denied by the City
Council, a similar application and proposal for the variance
affecting the same property shall not be considered again by the
Planning Commission or City Council for at least one (1) year
from the date of its denial, except as follows:
q.
801.05.3:
(1)
If the applicant or property owner can clearly
demonstrate that the circumstances surrounding the
previous variance application have changed
significantly.
(2)
If the City Council decides to reconsider such matter by
a vote of not less than three of five (3 of 5) members.
If a request for a variance receives approval of the City Council,
the applicant shall record such with the County Recorder within
thirty (30) days of the City Council approval date. The
applicant, immediately upon recording such, or as soon as is
reasonably possible, shall furnish the City proof of recording.
No building permits for the property in question will be granted
until such proof of recording is furnished to the City.
LAPSE OF VARIANCE:
A.
Unless the City Council specifically approves a different time when action is
officially taken on the request, the variance shall become null and void twelve
(12) months after the date of approval, unless the property owner or applicant has
substantially started the construction of any building, structure, addition or
alteration, or use requested as part of the variance. The property owner or
applicant shall have the right to submit an application for time extension in
accordance with this section.
B.
An application to extend the approval of a variance shall be submitted to the
Zoning Administrator not less than thirty (30) days before the expiration of said
approval. Such an application shall state the facts of the request, showing a good
faith attempt to utilize the permit, and it shall state the additional time being
requested to begin the proposed construction. The application shall be heard and
decided by the City Council prior to the lapse of approval of the original request.
C.
In making its determination on whether an applicant has made a good faith
attempt to utilize the variance, the City Council shall consider such factors as the
type, design and size of the proposed construction, any applicable restrictions on
financing, or special and/or unique circumstances beyond the control of the
applicant which have caused the delay.
801.05.4:
A.
PERFORMANCE SECURITY:
Upon approval of a variance, the City shall be provided, when deemed necessary
by the City Council, with a surety bond, cash escrow, certificate of deposit,
securities, or cash deposit prior to the issuing of building permits or initiation of
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work on the proposed improvements or development. Said security shall
guarantee conformance and compliance with the conditions of the variance and
City ordinance provisions.
B.
The security shall be in the amount equal to one hundred twenty-five (125)
percent of the City Engineer’s or Building Official’s estimated costs of labor and
materials for the proposed improvements or development.
C.
The City shall hold the security until completion of the proposed improvements
or development and a certificate of occupancy indicating compliance with the
variance and City Code provisions has been issued by the Building Official.
D.
Failure to comply with the conditions of the variance or appeal and City Code
provisions shall result in forfeiture of the security.
E.
Whenever a performance guarantee is imposed by the City, the applicant shall be
required to enter into a performance agreement with the City. This agreement is
to provide authorization to the City to utilize the posted security and complete
stipulated work should the applicant fail to meet the terms and conditions of the
permit. Said agreement shall hold harmless the City for completion of the work
and address other matters as may be determined by the City Attorney.
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SECTION 6
ADMINISTRATION - APPEALS
Section 801.06:
801.06.1:
801.06.2:
801.06.3:
801.06.4:
801.06.5:
801.06.6:
801.06.1:
Board Designation
Applicability
Filing
Stay of Proceedings
Procedure
Appeal
BOARD DESIGNATION:
The City Council shall serve as the Board of Adjustment and Appeals.
801.06.2:
APPLICABILITY:
An appeal shall only be applicable to an interpretation of legislative intent of provisions
of this Ordinance. Opinions and evaluations as it pertains to the impact or result of a
request are not subject to the appeal procedure.
801.06.3:
FILING:
An appeal from the ruling of an administrative officer of the City shall be made by the
property owner or their agent within thirty (30) days after the making of the order
appealed from.
801.06.4:
STAY OF PROCEEDINGS:
An appeal stays all proceedings in furtherance of the action being appealed unless it is
certified to the Board of Adjustment and Appeals, after the notice of appeal is filed, that
by reason of facts stated in the certificate a stay would cause imminent peril to life and
property. In such case, proceedings shall not be stayed other than by a restraining order
which may be granted by a court of record on application, on notice to the City.
801.06.5:
PROCEDURE:
The procedure for making such an appeal shall be as follows:
A.
The property owner or their agent shall file with the City a notice of appeal stating the
specific grounds upon which the appeal is made. Said application shall be accompanied
by a fee as established by City Council resolution.
B.
The Board of Adjustment and Appeals shall make its decision by resolution within sixty (
60) days.
801.06.6:
APPEALS FROM THE BOARD OF ADJUSTMENT AND APPEALS:
Any person or persons, any private or public board, or taxpayer of the City aggrieved by
any decision of the Board of Adjustment and Appeals, shall have the right to seek review
within thirty (30) days of the decision with a court of record in the manner provided by
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the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462 as
such statute may be from time to time amended, supplemented or replaced.
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SECTION 7
ADMINISTRATION - CERTIFICATE OF OCCUPANCY
Section 801.07:
801.07.1:
801.07.2:
801.07.1:
Certificate Required
Application
CERTIFICATE REQUIRED:
No building or structure hereafter erected or moved, or that portion of an existing
structure or building erected or moved shall be occupied or used in whole or in part for
any purpose whatsoever until a certificate of occupancy shall have been issued by the
Building Official stating that the building or structure complies with all of the provisions
within this Ordinance and applicable state building code sections.
801.07.2:
APPLICATION:
Said certificate shall be applied for simultaneously with the application for a building
permit, conditional use permit, and/or variance and shall be issued within ten (10) days
after the Building Official shall have found the building or structure satisfactory and
given final inspection. Said application shall be accompanied by a fee as established by
City Council resolution.
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SECTION 8
ENFORCEMENT AND PENALTIES
Section 801.08:
801.08.1:
801.08.2:
801.08.1:
Administration and Enforcement
Penalties, Violations and Enforcement
ADMINISTRATION AND ENFORCEMENT:
This Ordinance shall be administered and enforced by the Zoning Administrator who is
appointed by the City Manager. The Zoning Administrator shall be responsible for the
following duties:
A.
Enforce this Ordinance through proper legal procedures, and interpret provisions of the
Ordinance as may be necessary.
B.
Examine all single family residential building permit applications to determine their
compliance with this Ordinance, and approve the same when such compliance is
established.
C.
Periodically or upon request inspect buildings, structures and uses of property within the
City to determine their compliance with this Ordinance. With regard to performance
standards, the Zoning Administrator may employ the services of professional experts to
determine such compliance. The cost of such services shall be paid by the property
owner if a violation of this Ordinance is established; otherwise such costs shall be paid by
the City.
D.
Notify in writing any person responsible for violating any provision of this Ordinance,
indicating the nature of the violation and ordering the action necessary to correct it.
E.
Order discontinuance of the illegal use of land, buildings or structures; order the removal
of illegal buildings, structures, additions or alterations; order discontinuances of illegal
construction in progress; and take any other action necessary to insure compliance with
or to prevent violation of this Ordinance.
F.
Maintain permanent records pertaining to this Ordinance, including all amendments to
the Ordinance and all Zoning Maps.
G.
Maintain a current file of all amendments, variances, conditional use permits, PUD
permits, non-conforming uses, notices of violations and enforcement orders to such time
as may be necessary to insure continuous compliance with this Ordinance.
H.
Upon request, provide information relative to a property to any person having a
proprietary or tenancy interest in that property.
801.08.2:
A.
PENALTIES, VIOLATIONS, AND ENFORCEMENT:
Penalty: Any person violating any provision of this Ordinance shall, upon conviction, be
penalized in accordance with the provisions of Section 104 of this Code. Each day such
violation continued or occurs constitutes a separate offense and may be prosecuted as
such.
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B.
C.
Violations of the provisions of this Ordinance shall include by way of example and not
limitation:
1.
The owner or tenant of any building, structure, premises or part thereof and any
architect, builder, contractor, agent or other person who commits, participates in,
assists in or maintains a violation may each be found guilty of a separate offense
and suffer the penalties herein provided of the provisions of this Ordinance.
2.
Failure to comply with a condition in a variance or a conditional use permit shall
be a violation of this Ordinance.
Enforcement: Nothing herein contained shall prevent the City from taking any other
appropriate actions or proceedings against a violator as provided by law or City Code to
prevent or remedy the violation or penalize the violator.
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SECTION 9
DESIGN STANDARDS
Section 801.09:
801.09.1:
801.09.2:
801.09.3:
801.09.4:
801.09.5:
801.09.6:
801.09.7:
801.09.8:
801.09.9:
801.09.10:
801.09.11:
801.09.12:
801.09.13:
801.09.14:
801.09.15:
801.09.16:
801.09.17:
801.09.18:
801.09.19:
801.09.20:
801.09.21:
Purpose
Building Uses
Building Recesses
Building Width
Upper Story Setbacks
Roof Design
Screening of Rooftop Equipment
Façade Transparency
Ground Level Expression
Entries
Building Materials
Franchise Architecture
Walkways
Landscaping
Parking Lot Landscaping
Surface Parking
Parking Structures
Signs
Parking Lot and Building Lighting
Design Review Process
Deviations for the Design Standards
801.09.1:
PURPOSE
801.09.1.1
Purpose
A.
B.
The design standards set forth in this Section 9 of the Wayzata City Zoning Ordinance,
are referred to collectively as the “Design Standards” or the “Standards”. The purpose of
the Design Standards is to shape the City’s physical form and to promote the quality,
character and compatibility of new development in the City. The Standards function to:
1.
To guide the expansion and renovation of existing structures and the construction
of new buildings and parking, within the commercial districts of the City;
2.
To assist the City in reviewing development proposals;
3.
To improve the City’s public spaces including its streets, sidewalks, walkways,
streetscape, and landscape treatments.
The Standards address issues that are critical to preserving and enhancing
Wayzata’s character, as described in the City’s Comprehensive Plan.
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801.09.1.2
A.
City Character
One of the primary goals of the City’s Comprehensive Plan is to “preserve and enhance
Wayzata’s lakeside small town character.” Continuing reference is made in the
Comprehensive Plan to the value of Wayzata’s unique “small town” character, unlike the
suburban qualities of other communities. The Standards seek to preserve the high quality
“small town” environment while accommodating the inevitability of change. This
character is to be preserved and enhanced by:
1. Attention to the scale, walkability, land use patterns, street and boulevard character of
the City
2. Reinforcing and enhancing residential neighborhoods
3. Promoting a vibrant and healthy business climate, including a strong downtown as
key to the economic and social base of the community, and other primary
retail/commercial areas
4. Shaping the physical environment of the City to allow for the development of cultural
and social activities that provide the opportunity for social engagement
5. Promoting community heritage by preserving and redeveloping historic or significant
property to the City’s small town roots
6. Maintaining and enhancing the diversity of housing options and addressing the need
and opportunities for life cycle housing
7. Promoting a more connected community through building physical and psychological
connections between all residential neighborhoods, business areas, and links to other
recreational amenities
8. Protecting and preserving significant natural resource areas, and promoting access to
community parks and open space resources
9. Strengthening and reinforcing community gateways, and providing announcement
and a sense of place to areas of the community at key entry points through
architectural, landscape and urban design elements
10. Promoting sustainability in development
B.
The Standards encourage buildings that are well crafted and well detailed, and that
express Wayzata’s heritage, location, topography, and scale. The Standards address
issues of building height and views of rooftops from above as well as from below.
801.09.1.4
Design Districts
The Design Standards apply in three “Design Districts” in the City that are established
according to location, and use: (1) Lake Street District; (2) Bluff District; and (3)
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Wayzata Boulevard District. Each Design District (or “District”) shall be set forth in the
Zoning Map according to delineations in the following summary:
1. Lake Street District extends along both sides of Lake Street, between Circle Drive
on the east, and Ferndale Road on the west.
2. Bluff District comprises the land between Lake Street on the south and Wayzata
Boulevard on the north, but not the street frontage of either street, as well as Barry
Avenue on the west and Superior Avenue on the east.
3. Wayzata Boulevard District comprises all frontage parcels on both sides of
Wayzata Boulevard from the eastern interchange with Hwy 12 to the western
reconnection with Hwy 12. The district also includes properties fronting Central
Avenue, from Wayzata Boulevard to Hwy 12.
801.09.1.5
Applicability
A.
The Design Standards apply to all development in the City that has a nonresidential
and/or multifamily component and that involves any of the activities listed in section
801.09.1.5.B. Standards that fall under the heading “All Districts” or similar shall apply
in all Design Districts. Standards specified for a particular District or Districts shall
apply in those specified District or Districts. In areas outside of the three Design
Districts, the Standards applicable in the Bluff District shall apply.
B.
Subject to the exceptions listed in 801.09.1.5.C, the Design Standards shall apply to all
development with a nonresidential and/or multifamily component within the Design
Districts that involve any of the following activities:
1.
2.
3.
4.
5.
6.
7.
C.
Modification involving fifty percent (50%) or more of an existing
building’s exterior façade
Building demolition
New building construction
Addition which adds an additional story to an existing building
Addition which increases the existing building’s square footage by fifty
percent (50%) or more
Alteration of the roof type of an existing building
Site alteration that changes fifty percent (50%) or more of the existing site
The Design Standards shall not apply to the following activities:
1.
2.
3.
4.
5.
Replacement, repair, or modification of windows or doors
Replacement, repair, or modification of roofs with the same or similar
materials
Exterior painting
Interior renovations
Site alterations which only repave or repair the existing site
801.09.2:
BUILDING USES:
801.09.2.1
Lake Street District
9-3
All new buildings east of Barry Avenue on Lake Street shall have retail usage at least
eighty percent (80%) of the ground floor facing Lake Street. The remaining twenty
percent (20%) of the ground floor frontage may only be used for walkways, public
access, or public facilities. Retail activities shall comprise a total of at least fifty percent
(50%) of the usage of the total building footprint.
801.09.3:
BUILDING RECESSES
801.09.3.1
All Districts
A.
Building façades shall be articulated through the use of pilasters and/or recesses that
create visible shadow lines and dimensions especially on the street level.
B.
Street level landscaped courtyards outdoor seating areas and gathering areas shall be
incorporated into building and site plan design.
801.09.4:
BUILDING WIDTH
801.09.4.1
All Districts – New Buildings
In order to reduce the scale of longer façades and to eliminate the long horizontal
expressions of buildings, divisions or breaks in materials shall be included and at least
three of the following design strategies shall be incorporated into the design:
1.
2.
3.
4.
5.
6.
Window bays
Special treatment at entrances
Variations in roof lines or parapet detailing
Awnings
Building setbacks or articulation of the facade
Rhythm of elements
801.09.5:
UPPER STORY SETBACKS
801.09.5.1
All Districts – New Buildings
A.
Building height shall conform to the height of the applicable zoning district. Where
three (3) story buildings are permitted, the third (3rd) story must be recessed from all
façades fronting public right of ways at least a distance equal to the vertical distance
of the 3rd story height from the second (2nd) floor footprint, or an average of ten (10)
feet across the facade, but no portion of the 3rd story structure shall be closer than six
(6) feet to the 2nd story façade. The 3rd story façade shall be designed with railings,
pillars, dimensional windows, building recesses or other similar design techniques to
break up the 3rd story façade.
B.
The façades fronting public right-of-ways of every two and three story building,
longer than sixty (60) feet, must have a recessed second story of approximately
twenty-five percent (25%) of the façade’s length, setting back a minimum of six (6)
feet from the face of the first floor façade. The required third floor setback must
follow the frontal plane of the second story setback.
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C.
Wintertime sun orientation, solar access, and views of Lake Minnetonka are
significant issues within the Design Districts. Building height should not negatively
and significantly impact neighboring properties.
801.09.6:
ROOF DESIGN
801.09.6.1
All Districts
“Green” roofs, roof garden terraces, arbors and other similar structures are encouraged on roofs of
building.
801.09.6.2
All Districts – Roof Materials
A.
The roof material for all sloped roofs in all districts shall be slate, untreated copper, prefinished metal, cedar shake or asphalt shingle in dark colors.
B.
The roof material for all flat roofs in all districts shall be treated synthetic membrane or
other similar material in dark colors.
801.09.7:
SCREENING OF ROOFTOP EQUIPMENT
801.09.7.1
Lake Street and Bluff Districts
No mechanical equipment for a building may be located on the roof deck. All such
mechanical equipment must be located within the interior of the structure.
801.09.7.2
Wayzata Blvd District
A.
All mechanical equipment shall be completely screened behind a parapet wall, so as not
to be visible from adjacent properties and pedestrian view vantage points from adjacent
sidewalks.
B.
No enclosure shall be larger than 25% of the roof area.
801.09.8:
FAÇADE TRANSPARENCY
801.09.8.1
Glass Calculations – All Districts
Applications for design approval must include façade diagrams that contain
calculations of glass and solid surfaces. Calculations of façade areas for multiple
story building shall be measured from grade to the floor above. Calculations of
façade areas for one story buildings shall be measured from grade to the roof deck.
801.09.8.2
Lake Street District
No less than fifty percent (50%) of the ground level façade of any building fronting
Lake Street shall be transparent glass. No less than twenty-five percent (25%) of the
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ground level side and rear façade facing a public right of way, parking area or open
space shall be transparent glass.
801.09.8.3
Bluff District
No less than thirty-five percent (35%) of ground level public façades for buildings
containing commercial or office uses shall be transparent glass.
801.09.8.4
Wayzata Boulevard District
No less than fifty percent (50%) of the ground level façade for buildings
containing commercial or office uses fronting Wayzata Blvd shall be transparent
glass.
801.09.9:
GROUND LEVEL EXPRESSION
801.09.9.1
All Districts
In multi-story buildings, the ground floor shall be distinguished from the floors above by
the use of at least three of the following elements:
1.
2.
3.
4.
5.
6.
7.
An intermediate cornice line
A difference in building materials or detailing
An offset in the façade
An awning, trellis, or loggia
Arcade
Special window lintels
Brick/stone corbels
801.09.10:
ENTRIES
801.09.10.1
All Districts
The front facade of all buildings shall be landscaped with window boxes or planters
with seasonally appropriate plantings. The main entries shall face the primary street
at sidewalk grade.
801.09.11:
BUILDING MATERIALS AND QUALITY
801.09.11.1
All Districts – Materials
The following standards for building materials and building details apply in all
Design Districts:
A.
Primary Opaque Surfaces:
Other than the accent materials listed in 801.09.11.G, ninety percent (90%) of the
non-glass surfaces of each elevation of the exterior building façade shall be
composed of one or more of the following materials:
1.
Brick
2.
Stone
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3.
4.
5.
B.
Cast stone
Factory finished and certified wood, including, but not limited to:
a. Wood shingles (cedar shingles six (6) inch maximum exposure)
b. Lap-siding (six (6) inch maximum width)
Stucco
Façade Coverage:
The primary opaque surface materials of all free standing buildings must be the same
on all facades of the building.
C.
Type of Brick:
On all facades of a free-standing building where brick is used, full course modular,
Roman, Norman or other standard size brick must be used.
D.
E.
F.
Façade Detail:
1.
Brick and/or stone façades shall be well detailed and dimensionally designed
in order to avoid fractional cuts and odd pieces. All outside brick corners
must be full bricks (custom if necessary), with no mitering, forming
continuous vertical joints.
2.
The narrow face of an exposed stone butt joint, at corners, must be a
minimum dimension of two (2) inches. Mitered and quirked stone corners are
also acceptable.
Brick Joints:
1.
The mortar for brick must be dark grey or in the color range of the brick. All
joints must be concave or ‘v’ joint. No mortar may be used beyond the face
of the brick. .
2.
All brick walls must be built to avoid efflorescence
Stone Joints:
Stone joints shall be no larger than one-fourth (1/4) inch.
G.
Accent Materials:
Only the following materials may be used for lintels, sills, cornices, bases, and
decorative accent trims, and must be no more than 10 percent (10%) of the non-glass
surfaces of each elevation of the exterior building façade:
1.
2.
3.
4.
5.
6.
Stone
Cast stone
Copper (untreated)
Rock faced stone
Aluminum or painted steel structural shapes
Fiber cement board
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7.
8.
H.
Premium grade wood trim with mitered outside corners. Examples of
premium grade wood are cedar, redwood, and fir.
EIFS
Parapets, Flashing, Coping:
1.
Only the following materials may be used for parapets, flashing and coping:
a.
b.
c.
d.
e.
copper (untreated)
brick
stone
cast stone
premium grade wood.
2.
I.
Pre-finished, painted .032 aluminum may only be used as a standard parapet
coping with a maximum exposed edge of five (5) inches.
Awnings:
1.
Only the following types of awnings may be used:
a. Fabric awnings of a heavy canvas in dark solid colors or other colors that
are approved as part of the design review process
b. Highly detailed, ornate metal in dark colors
c. Glass awnings
J.
2.
Backlit awnings are prohibited.
3.
Awnings with text or graphic material may be permitted but require approval
via the sign permit process of the Zoning Ordinance.
Balconies:
Balconies shall be accessible and useable by persons. Fake or unusable balconies are
prohibited. All balconies shall remain within the property line. Metal railings with
members painted dark, or glass panels are permitted.
K.
Glass:
Glass shall not be mirrored, reflective or darkened. Slight green, bronze and grey
tints are acceptable. Spandrel glass shall not be counted as transparent glass for the
purposes of calculations under the transparency requirements of Section 801.09.8 of
the Standards, but may be used for detailing purposes. Environmentally appropriate
glass, such as Low-emissivity glass, shall be used in all projects.
L.
Door Systems:
Unless there are building security concerns, main entry doors shall be primarily glass.
If, for security reasons, a main entry door is not possible or practical, a main entry
door must be well detailed. Appropriately designed wood doors may be utilized for
retail and office buildings.
9-8
801.09.12:
FRANCHISE ARCHITECTURE
801.09.12.1
All Districts
A.
Typical or standardized franchise architecture (including building design that is the
trade dress of, or identified with a particular chain, franchise or business and is
repetitive in nature) is prohibited.
B.
Large, bold or bright signage, trade dress or logos must be altered and scaled down to
meet the purpose of these standards as articulated herein, and must not be repeated on
the facades of the principal structure more than once. All new, altered and/or
proposed signage for buildings must be submitted for review under Section 801.
09.18 by the Planning Commission at the time of Design Standards Review
application.
801.09.13:
WALKWAYS
801.09.13.1
Lake Street District
A.
Continuous sidewalks at least twelve (12) feet in width shall be provided along all
public street frontages.
B.
Lighted sidewalks shall extend between rear and side parking areas and building
entrances. All sidewalk lighting must project downward.
C.
Buildings with street frontage exceeding fifty (50) feet shall have at least one (1)
bench.
D.
All sidewalk surfaces must match the exposed aggregate/brick accent sidewalks
on Lake Street.
801.09.13.2
Bluff District
A.
Continuous sidewalks at least five (5) feet in width shall be provided along all public
street frontages. The sidewalk street grid shall be maintained and extended wherever
possible.
B.
Where the sidewalk street grid is interrupted by steep slopes or other topographic
variations, walkways or stairways shall be built to maintain pedestrian continuity.
801.09.13.3
Wayzata Boulevard District
A.
Continuous sidewalks at least five (5) feet in width shall be provided along Wayzata
Boulevard.
B.
Lighted sidewalks shall extend between rear or side parking areas and building entrances.
801.09.14:
LANDSCAPING
801.09.14.1
All Districts
9-9
A.
Seasonal landscaping shall be used in all Design Districts, including use of window
boxes, hanging flowers baskets, vines and/or other similar seasonal landscaping. If
feasible, garden areas and ornamental trees shall be used at the street level.
B.
Window boxes, hanging baskets and planters with seasonally appropriate plantings
shall be used around entries to buildings.
C.
Vines shall be used to cover walls with more than one hundred (100) square feet of
uninterrupted surface area.
D.
Streetscaping shall include all of the following:
1.
2.
3.
4.
5.
801.09.14.2
Boulevard species trees, with at least three (3) caliper inches.
Exposed aggregate sidewalks with brick accents
Street lights
Benches (if building length is 50 feet or greater), which utilize existing city
bench designs.
Flowers
Lake Street District
A.
Established Lake Street landscape treatments shall be followed in accordance with the
specifications of the Wayzata Engineering Guidelines set forth in Wayzata City Code.
Exposed aggregate with brick accent sidewalks shall be used.
B.
Approved boulevard trees, planted in sidewalk areas, shall be planted no more than
twenty six (26) feet on center from each other.
801.09.14.3
six
Bluff District and Wayzata Boulevard District
Trees with a minimum of three (3) caliper inches shall be planted no more than twenty(26) feet apart within a landscaped boulevard.
801.09.15:
PARKING LOT LANDSCAPING
801.09.15.1
All Districts
A landscaped buffer strip at least five (5) feet wide shall be provided between all parking
areas and the sidewalk or street. The buffer strip shall consist of shade trees
appropriately spaced for the particular Design District, and a decorative metal fence,
masonry wall or hedge. A solid wall or dense hedge shall be no less than three (3) feet
and no more than four (4) feet in height.
801.09.16:
SURFACE PARKING
801.09.16.1
All Districts
A.
Off-street parking shall be located to the rear of buildings. When parking must be
located in a side yard adjacent to the street, a landscaped buffer shall be provided in
accordance with the Design Standards. The street frontage occupied by parking shall
not exceed sixty (60) feet per property.
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B.
Side-by-side parking lots creating a parking area frontage longer than sixty (60) feet
are prohibited, except where a heavily landscaped buffer of at least twenty (20) feet
wide completely separates both lots.
C.
Side yard parking shall not extend beyond the front yard setback of the primary
building on the property.
D.
Front yard parking is prohibited.
E.
There shall be no corner parking.
801.09.16.2
A.
All Districts – Bicycle Parking
Commercial developments requiring more than twenty (20) parking spaces shall provide
at least four (4) bicycle parking spaces in a convenient, visible, preferably sheltered
location.
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801.09.17:
PARKING STRUCTURES
801.09.17.1
All Districts
Parking structures shall meet the following standards, along with all other applicable
building code standards:
A.
The ground floor façade abutting any public street or walkway shall be architecturally
compatible with surrounding commercial or office buildings.
B.
The parking structure shall be designed in such a way that sloped floors do not
dominate the appearance of the façade.
C.
Windows or openings shall be similar to those of surrounding buildings.
D.
Vines and other significant landscaping shall be used to minimize the visual impact
of the parking structure.
801.09.17.2
Lake Street District
A.
If any part of a parking structure abuts Lake Street, that entire portion of the ground
floor façade shall be occupied by at least eighty percent (80%) retail usage, extending
to a depth of at least thirty (30) feet.
B.
The ground floor level of a parking structure shall not come within forty (40) feet of
Lake Street.
C.
The top decks of parking structures visible from adjacent properties shall be designed
with trellises and landscaping sufficient to screen at least fifty percent (50%) of the
visible area.
801.09.18:
SIGNS
801.09.18.1
All Districts
A.
Compatibility
1.
Signs shall be architecturally compatible with the style, composition, materials,
colors and details of the building, and with other signs on nearby buildings.
Signs shall be an integral part of the building and site design.
2.
A sign plan shall be developed for buildings which house more than one
(1) business. Signs need not match, but shall be compatible with one another.
Franchise or national chains must comply with these Sign Standards to create
signs compatible with their context.
3.
When illuminated signs are proposed, only the text and/or logo portion of the
sign may be illuminated. Illuminated signs must be compatible with the
location. Illumination of the sign to highlight architectural details is permitted.
Fixtures shall be small, shielded, and directed towards the sign rather than toward
the street, so as to minimize glare for pedestrians and adjacent properties.
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4.
B.
C.
Sign Location
1.
Wall signs on a storefront-type building shall be placed between the
first and second floors of a building.
2.
Wall or roof signs on buildings that are not storefront type buildings shall
be placed where they do not obscure architectural features.
Sign Material
1.
The material of which signs are constructed shall be consistent and
compatible with the original construction materials and architectural style of the
building façade on which the signs are affixed .
2.
Material, such as wood and metal, shall be used, as
appropriate, for the sign location.
3.
Neon signs may only be used for windows.
801.09.18.2
A.
Permitted Signs
Lake Street District. Only the following types of signs are permitted in the Lake Street
District:
1.
2.
3.
4.
5.
6.
B.
Sign plans must be submitted for review as part of an Applicant for Design
Approval. Proposed signs must also conform to the requirements of Section
801.27 of the Wayzata Zoning Ordinance.
Awning, canopy or marquee signs
Wall signs
Monument or ground signs
Projecting signs
Window signs (small accent signs)
Roof signs if located on pitched-roof buildings, below the peak of the roof
Wayzata Boulevard District. Only the following types of signs are permitted in the
Wayzata Boulevard District:
1.
2.
3.
Wall or awning signs
Free-standing signs
Monument or ground signs
Low-profile ground signs or monument signs are required for highway-oriented
commercial uses such as restaurants and gas stations. Sign materials, colors and
architectural detailing shall be similar to those of the principal building. External
illumination of signs is permitted.
C.
Bluff District. Only the following types of signs are permitted in the Bluff District:
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1.
2.
3.
Wall, awning or projecting signs (for storefront buildings at the street line)
Free-standing, ground or monument signs (for buildings with front yards)
Roof signs if located on pitched-roof buildings, below the peak of the roof
801.09.19:
PARKING LOT AND BUILDING LIGHTING
801.09.19.1
All Districts
A.
Parking lot lighting shall be designed in such a way as to be in scale with its
surroundings, and reduce glare.
B.
Cutoff fixtures shall be located below the mature height of trees located in parking lot
islands so as to minimize ambient glow and light pollution.
C.
Pedestrian-scale lighting, not exceeding thirteen (13) feet in height, shall be located on
walkways and adjacent to store entrances. All sidewalk lighting must be projected
downwards. City light standard shall be followed for all public streets.
D.
Light posts shall be of a dark color.
E.
Lighting fixtures shall be compatible with the architecture of the building.
F.
Lights attached to buildings shall be screened by the building’s architectural features to
eliminate glare to adjacent properties. All façade lighting must be projected downwards.
G.
All lighting fixtures shall comply with City Code Section 801.16.6 as it relates to glare.
801.09.20:
DESIGN REVIEW PROCESS
801.09.20.1
Presentation Requirements
A.
In addition to the other requirement of the Zoning Ordinance, applicants seeking
design approval under the Standards shall provide the following design information
to the City with an application:
1.
Colored Illustrative Site Plan of the proposed project.
2.
Illustrated Landscape Plan of the proposed project (this can be incorporated
into the Site Plan). All images shall depict landscaping at five years’ growth.
3.
Samples of all exterior materials used in connection with the project including
(but not limited to):
a.
Brick mortar color
b.
Glass samples
c.
Window frame color
d.
Primary Opaque Surfaces and Accent Materials
4.
Accurately colored and detailed three-dimensional computer images from a
program like Google Sketch Up (or similar program) from at
least two vantage points that clearly show all aspects of the project. For small
projects where the design changes mainly focus on a street façade, the
computer images may be waived.
9-14
B.
5.
Colored building elevations of all façades (one-eight (1/8) inch scale min.).
The applicant must also include the adjacent buildings. The Planning
Commission and City Council must be able to accurately see the scale of
adjacent buildings and landscaping from such elevation documents.
6.
Façade diagrams with calculations of glass and solid surfaces for all exterior
facades.
7.
For the presentations before the City Planning Commission and the City Council,
applicants shall provide a PowerPoint (or other similar format) presentation
which provides a project overview and highlights the project’s design features.
8.
Other information and material reasonably requested by City staff, and/or
information and material that applicant believes would be helpful to the City in
evaluating the project under the standards.
The City Planning Department may require an applicant for design approval to prepare an
accurate three (3) dimensional massing model, built to at least a 1”= 30’ scale, that
depicts the proposed development; any existing buildings on the site that will remain
following the proposed development; any adjacent structures; and topography on the site
with a contour interval of not less than two (2) feet. A physical massing model is
required as part of a Design Review application for all projects involving properties of six
(6) acres or larger in lot area. For all other properties requiring a design review
application, the City Planning Department may require a physical massing model if the
City Planning Department determines that: 1) the project is a complex development with
structures or architectural features; 2) the project is of great public significance; or 3) the
site has unique topography, sensitive natural, man-made features, or is highly visible. If
such massing model is required, the City Planning Department shall notify the applicant
within ten (10) days of submission of the application, and the following shall apply:
a.
Before preparing the model, the applicant shall confer with the City
Planning Department to determine whether the model should show
topography and existing buildings on properties within three hundred
and fifty (350) feet to the subject property, to provide a neighborhood
connect for the proposed development.
b.
The applicant shall provide the model for inspection by the City
Planning Department no less than one (1) week prior to the initial
meeting at which the application is scheduled for review by the Planning
Commission, so the Planning Department may confirm the accuracy and
completeness of the model.
c.
Following conclusion of the review of the project, the applicant shall
submit photographs of the model so documentation of the appearance of
the model can be part of the record of the application.
9-15
801.09.20.2
A.
Design Review Process Schedule
The Design Review process shall follow the following general schedule:
1.
City staff shall have at least thirty (30) days to review a competed development
application and all required materials prior to review by the Planning
Commission meeting.
2.
The application and all supporting information shall be formally reviewed by
City staff for conformance with the Design Standards.
3.
If the application is deemed completed by City Staff under the Section
801.09.20.1, City staff shall inform the applicant; prepare a written report on the
application; and schedule the application for a public hearing before the Planning
Commission.
4.
After the Planning Commission has held a public hearing on the application, and
made a report and recommendation to the City Council, City staff will schedule
the application for review by the City Council. The City Council will review the
Application and provide a formal approval or denial of the application.
5.
If the applicant materially alters an application for design approval under these
Standards after the Planning Commission has made a recommendation on the
application, the applicant must submit a side-by-side comparison, which
highlights the changes in submittal materials presented to the Planning
Commission and the altered submission to the City Council. This side-by-side
comparison submittal must be received by City Staff at least one (1) week prior
to the City Council meeting at which the application will be reviewed.
801.09.20.3
Meeting with City Planning Department
A.
If requested by the City, after submitting an application for Design Approval, the
applicant shall meet with the City Planning Department. Such meeting with the City
Planning Department, if requested, must take place prior to the review of the
Planning Commission and other City approvals.
B.
At such meeting, the City Planning Department will review the Standards with the
applicant and determine what information and material may be required for review of
the project and the application.
C.
The applicant may schedule additional meetings with the City Planning Department
as needed during the design process.
801.09.20.4
Final Review – Design Report
A.
The applicant shall schedule a final review with the City Planning Department, from
which the City Planning Department staff shall prepare a staff report on project
design to be used by the Planning Commission in its review of the application.
B.
The staff report on design shall provide a detailed review of the design of the project
and its conformance to the Design Standards.
9-16
801.09.21:
DEVIATIONS FROM THE DESIGN STANDARDS
801.09.21.1
All Districts
A.
With the exception of Section 7 of the Design Standards, a deviation from any section of
the Design Standards shall require a finding by the City Council (after considering the
Planning Commission’s recommendation) that the negative impact of such deviation is
outweighed by one or more of the following factors:
1.
The extent to which the project advances specific policies and provisions of the
City’s Comprehensive Plan.
2.
The extent to which the deviation permits greater conformity with other
Standards, policies behind the Standards, or with other Zoning Ordinance
standards.
3.
The positive effect of the project on the area in which the project is proposed.
4.
The alleviation of an undue burden, taking into account current leasing, housing
and commercial conditions.
5.
The accommodation of future possible uses contemplated by the Design
Standards, the Zoning Ordinance or the Comprehensive Plan.
6.
A national, state or local historic designation.
7.
The project is the remodeling of an existing building which largely otherwise
conforms to the Design Standards.
801.09.22
CONFLICT WITH OTHER SECTIONS OF THE ZONING ORDINANCE
To the extent possible, these Design Standards are meant to be read in conjunction with all other
applicable requirements in the Zoning Ordinance. To the extent there is a conflict between the
Design Standards and any other section of the Zoning Ordinance or City Code, the stricter
standard shall apply.
9-17
SECTION 10
ADMINISTRATION - PLANNING COMMISSION
Section 801.10:
801.10.1:
801.10.2:
801.10.3:
801.10.1:
Establishment
Functions
Records
ESTABLISHMENT:
There hereby is established a Planning Commission for the City of Wayzata. In addition
to those duties and functions outlined in this Ordinance, the City Council by resolution
may establish additional duties and functions for the Planning Commission.
801.10.2:
FUNCTIONS:
The Planning Commission shall hold public hearings as required by this Ordinance, and it
may initiate such additional hearings as it deems are necessary. To the extent possible,
the Planning Commission shall transmit recommendations to the City Council on all
matters which it considers.
801.10.3:
RECORDS:
The Zoning Administrator shall provide for permanent records of the Planning
Commission's proceedings, which shall include minutes of its meetings, its finding of
fact, and the action taken on each matter which it considers.
10-1
SECTION 11
ADMINISTRATION - HERITAGE PRESERVATION BOARD.
Section 801.11:
801.11.1:
801.11.2:
801.11.3:
801.11.4:
801.11.5:
801.11.6:
801.11.7:
801.11.1:
Declaration of Public Policy and Purpose
Definitions
Establishment of Heritage Preservation Board
Designation of Heritage Preservation Sites
Effect of Designation
Removal of Designation
Limitations
DECLARATION OF PUBLIC POLICY AND PURPOSE:
Pursuant to the powers set forth in Chapter 84C of the Minnesota Statutes, the City Council of the
City of Wayzata hereby declares as a matter of public policy that the preservation, protection,
perpetuation and use of areas, places, buildings, structures, districts, or objects having a special
historical, community or aesthetic interest or value will promote the health, prosperity, and welfare of
the community. The purpose of this ordinance is to enlist the cooperation of the property owners in
the City to:
A.
Safeguard the heritage of the City of Wayzata by preserving sites and structures which reflect
elements of the City's cultural, natural, social, economic, political, visual or architectural
history;
B.
Protect and enhance the City of Wayzata's appeal and attraction to residents, visitors and
tourists, and to serve as a support and stimulus to business and industry;
C.
Enhance the natural, visual and aesthetic character, diversity and interest of the City of
Wayzata;
D.
Foster civic pride in the history, beauty, and notable accomplishments of the people and
places that have helped shape the City of Wayzata; and
E.
Promote the preservation and continued use of historic sites and structures for the
education and general welfare of the people who live and work in or visit the City of
Wayzata.
801.11.2:
DEFINITIONS:
As used herein, "Heritage Preservation Site" shall mean any area, place, building, structure, land,
district, or object which has been duly designated as a Heritage Preservation Site pursuant to
Section 801.11.4: of this ordinance.
11-1
801.11.3:
ESTABLISHMENT OF HERITAGE PRESERVATION BOARD:
A.
Members. There is hereby created and established a City of Wayzata Heritage Preservation
Board, hereinafter called the "Board" which shall consist of five voting members of whom a
minimum of three shall be residents of the City, appointed by the City Council. All members
should possess some knowledge or deep interest in historic preservation whether through
education, professional training or devotion to the subject. The chair of the Planning Commission
or his/her designate shall serve as an ex-officio non-voting member of the Board.
B.
Terms of Office. The City Council will initially designate two appointees to serve a term of one
year and three appointees to serve a term of two years. All subsequent appointments shall be for a
term of two years. Members may be reappointed for consecutive terms. In the event of a vacancy,
the vacancy for the unexpired term shall be filled in the same manner as the appointment was
made. Members shall serve without compensation and shall continue to hold office until their
successors have been appointed.
C.
Organization. The Board shall elect from its members, such officers as it may deem necessary.
The Board, when necessary, shall have the responsibility to designate and appoint from its
members various committees. The Board shall make such rules and regulations as it may deem
advisable and necessary for the conduct of its affairs, for the purpose of carrying out the intent of
this ordinance, which are not inconsistent with the laws of the City of Wayzata and the State of
Minnesota. The Board shall make an annual report to both the City Council and the Planning
Commission, in February, containing a statement of its activities and plans.
D.
Additional Responsibilities and Duties of the Board. The Board shall have the following
responsibilities and duties in addition to those otherwise specified in this ordinance:
1.
The Board shall conduct a continuing survey of all areas, places, buildings, structures,
districts, or objects in the City of Wayzata which the Board, on the basis of information
available to it, has reason to believe are significant to the cultural, natural, social,
economic, political, visual, or architectural history of the City of Wayzata;
2.
The Board shall continually survey all areas of the City to determine needed and desirable
improvements of older buildings throughout Wayzata, acting in an advisory capacity to
owners of historically significant sites regarding their preservation, restoration and
rehabilitation;
3.
The Board shall work for the continuing education of Wayzata's residents with respect to
the civic, natural, and architectural heritage of the City and to protect and enhance the
City's appeal and attraction to residents, visitors and tourists, and to serve as a support
and stimulus to business and industry;
4.
The Board shall keep current a public register of designated and proposed Heritage
Preservation Sites and areas, along with the plans and programs that pertain to them;
5.
The Board shall have the authority to accept monetary gifts made to the City (to be
administered by City Staff) for the purpose of historical preservation, including preparing
applications for heritage preservation grant funds. Other types of gifts such as land,
easements, etc. are subject to the approval of the City Council;
11-2
6.
7.
801.11 .4:
A.
B.
C.
The Board may accept the services of technical experts and such persons as may be
required to perform duties, as authorized by the City Council; and
The Board may on a continuing basis collect and review city planning and
development records, documents, studies, models, maps, plans and drawings to be
entered into the Wayzata Public Library Historical Archives as a permanent record of city
history and development.
DESIGNATION OF HERITAGE PRESERVATION SITES:
Documentation. The Board shall recommend to the Planning Commission areas, places,
buildings, structures, districts, or objects to be designated as Heritage Preservation Sites.
Documentation for the designation should include at least one of the following:
1.
National Register of Historical Places: A site application approved by the National Park
Service under the National Preservation Act of 1966.
2.
Preservation Easement: Fully executed in a form acceptable to the Board and recordable
in the Hennepin County land records.
3.
Historical Planning Report: Prepared by a historic preservation consultant whose
professional qualifications are satisfactory to the Board.
Criteria. In considering the designation of a Heritage Preservation Site, the Board shall
apply the following criteria regarding the proposed site:
1.
Its character, interest, or value as part of the development heritage or cultural
characteristics of the City of Wayzata or the State of Minnesota;
2.
Its location as a site of significant historic event;
3.
Its embodiment of distinguishing characteristics of an architectural style, period, form or
treatment;
4.
Its identification with a person or persons who have significantly contributed to the
culture and development of the City of Wayzata or the State of Minnesota;
5.
Its identification as work of an architect or master builder whose individual work has
influenced the development of the City of Wayzata or the State of Minnesota;
6.
Its embodiment of elements of architectural design, detail, materials, or craftsmanship
which represent a significant architectural innovation; and
7.
Its unique location, natural attributes or singular physical characteristic representing an
established and at one time or now familiar visual feature of a neighborhood, a community,
the City, a region, or the State of Minnesota.
Planning Commission Review and Hearings. The Board shall make recommendations to the
Planning Commission of the proposed designation of a Heritage Preservation Site, including
boundaries, and shall work jointly with the Planning Commission with respect to the
11-3
relationship of the proposed Heritage Preservation Site to the Comprehensive Plan of the City of
Wayzata. The Planning Commission shall express its opinions as to the effects of the proposed
designation upon the surrounding neighborhood, and upon the City's Comprehensive Plan, and
shall submit to the City Council its recommendation of approval, denial, or modifications to the
proposed designation.
The Board's recommendation shall become part of the Planning Commission's official
record and shall be submitted by the Planning Commission to the City Council, along with the
Planning Commission's recommendations concerning the proposed designation.
Prior to recommending the designation of a Heritage Preservation Site, the Planning
Commission shall hold a public hearing and seek the comments of all concerned citizens. Prior
to such hearing the Planning Commission shall cause to be published in the City's official
newspaper notice of the hearing at least ten days prior to the date of the hearing. Notice of said
hearing shall be sent to all owners of the property proposed to be designated a Heritage
Preservation Site and to all property owners within three hundred and fifty feet of the boundary
of the area proposed to be designated a Heritage Preservation Site. The notice shall contain an
explanation for the proposed designation, a clear description of the property designated, and a
short description of the justification for the proposed designation and a time and place for the
meeting.
D.
City Council Action. The City Council, upon request of the Board and the Planning
Commission, or at its own instigation, may by resolution designate a Heritage Preservation Site.
When the City Council is reviewing a proposed designation, it shall approve, deny, or may
make such modifications, changes and alterations based on the recommendations of the Board
and Planning Commission or its own findings, and the standards set forth in Subsection 4.
E.
Voluntary Nature. No Heritage Preservation Site shall be so designated without the voluntary,
written consent of the owner of the site at the time of designation. A designation is binding
upon all future owners of the property unless the designation is removed as provided in
Subsection 6. Notwithstanding the foregoing, nothing in this Section shall limit the rights of the
City to acquire any property by gift, negotiation or eminent domain, and to thereafter designate
the property as a Heritage Preservation Site in accordance with this ordinance.
801.11.5:
EFFECT OF DESIGNATION:
A.
Identification Plaque. Those sites having been designated as Heritage Preservation Sites by
the City Council shall be awarded a numbered plaque to be displayed on the exterior of the site
in full public view. The plaque shall remain the property of the City. The Board shall recommend
removal of such plaque should the site or structure be so altered as to destroy the historic integrity
of the specific criteria that was used to justify the designation of the respective site.
B.
Filing of Document.
The office of the City Clerk shall record the designation/preservation
easement of areas, places, buildings, structures, districts, or objects as Heritage Preservation Sites
with the Hennepin County Recorder or the Hennepin County Registrar of Titles and shall transmit
a copy of the recording document to all appropriate City departments.
C.
Site Alteration Permit, Once a property has been designated as a Heritage Preservation Site, the
owners of said property must apply for a Site Alteration Permit from the City Council in order to
make any of the following changes to the site:
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1.
Remodel, alter or repair in any manner, including paint color, which will change the
exterior appearance of the Heritage Preservation Site.
2.
New exterior construction.
3.
Signs.
4.
Moving of buildings.
5.
Demolition in whole or in part. This does not apply to structures required to be
demolished in accordance with Minnesota Statutes, Chapter 463.
The application for a Site Alteration Permit must be accompanied by detailed plans including a
site plan, building elevations, and design details and materials as deemed necessary by City staff
to evaluate the request. Besides the Site Alteration Permit the regular City Permits shall be
required.
The Secretary of Interior's Standards for Rehabilitation as set forth in 36CFR 67 will be the basis
for a Site Alteration Permit application. The Building Official will not issue a Site Alteration
Permit if the City Council finds that the change(s) will materially impair the historical integrity of
the specific criteria that was used to justify the designation of the respective site.
The City Planner will review the Site Alteration Permit application and provide comments to the
Board who shall make recommendations to the Planning Commission. The Planning Commission
shall hold a public hearing and make recommendations to the City Council. Prior to such hearing
the Planning Commission shall cause to be published in the City's official newspaper notice of the
hearing at least ten days prior to the date of the hearing. Notice of said hearing shall be sent to all
owners of the Heritage Preservation Site, all property owners within three hundred and fifty feet of
the boundary of the Heritage Preservation Site and the President of the Wayzata Historical
Society. The notice shall contain a description of the proposed changes to the Heritage
Preservation Site.
When the City Council is reviewing a Site Alteration Permit, it shall approve, deny, or make such
modifications, changes and alterations based on the recommendations of the Board and Planning
Commission, and its own findings.
In emergency situations, where immediate repair or demolition is needed to protect the safety of a
Heritage Preservation Site or its inhabitants, the Building Official may issue a building or
demolition permit without a Site Alteration Permit. In the case of a permit issued pursuant to this
Paragraph, the Building Official shall immediately notify the Board, in writing, of its action and
specify the facts and conditions constituting the emergency situation. The Board will have thirty
days in which to review any emergency repairs and make its recommendations to the Planning
Commission as to whether any additional repairs or modifications will be needed in order to bring
the Heritage Preservation Site in to compliance with this ordinance.
Any violation of, or neglect to comply with, the provisions of this Paragraph on the part of any
person, or any neglect or refusal of any owner or occupant of any premises to allow said property
to be examined as herein provided, and the same to be cleaned, repaired, reconstructed, or
abandoned shall be a violation of this Code, and said person shall be guilty of a misdemeanor in
accordance with Chapter 104 of the City Code. In addition, the City Council or its agents reserves
11-5
the right to either require the property owner to restore the property to its historic state or enter the
property to make the necessary changes, and assess the costs to the property owner.
801.11.06:
REMOVAL OF DESIGNATION AND EXTINGUISHMENT OF A
PRESERVATION EASEMENT:
A property owner can petition to have the designation as a Heritage Preservation Site removed or a
preservation easement extinguished. The property owner must state the reasons for requesting this
action and provide information supporting such reasons. The City Council reserves the right to
have the property inspected by the City Building Official and/or other consultants to validate these
reasons. Reasons for requesting such removal/extinguishment may include, but are not limited to,
that the site is no longer historically significant, or that retaining the designation/preservation
easement would create an unforeseen economic hardship. In the event unforeseen economic
hardship is offered as a reason, the property owner must provide data sufficient to establish such
economic hardship and evidence that the site has been advertised for sale for restoration or reuse,
and that sale for restoration or reuse is not economically feasible.
Prior to the removal of a site designation/extinguishment of a preservation easement, the Board
shall make recommendations to the Planning Commission and the Planning Commission shall
hold a public hearing and seek the comments of all concerned citizens. The public hearing and
publication notice requirements shall be the same as for a Designation Hearing.
The Board's recommendation shall become part of the Planning Commission's official record
along with the Planning Commission's recommendation to the City Council concerning the
proposed removal of a site designation/extinguishment of a preservation easement.
The City Council can choose to approve or deny any proposed removal of a site
designation/extinguishment of a preservation easement, as it deems necessary after consideration
of (i) the recommendation of the Board and Planning Commission, (ii) information supplied by the
property owner, (iii) other information deemed relevant by the City Council and (iv) the public
policy and purpose of this ordinance. Approval for removal of a site designation/extinguishment of
a preservation easement requires a simple majority of the City Council.
801.11.7:
LIMITATIONS:
The guidelines for limitations of the Board are given below:
A.
The Board is an advisory committee to the Planning Commission and City Council and
therefore shall have no power to bind the City by contract or otherwise.
B.
The Board shall have no communication or make application to the National Register or to the
State of Minnesota, or encourage others to do so, for the designation of a historic site or district
without the consent of the City Council.
11-6
SECTIONS 12 THROUGH 14
(RESERVED FOR FUTURE USE)
SECTION 15
NON-CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS
Section 801.15
801.15.1:
801.15.2:
801.15.1:
Purpose
Provisions
PURPOSE:
It is the purpose of this Section to specify those requirements, circumstances and
conditions under which non-conforming buildings, structures, uses, and lots will be
operated, maintained, and regulated in their respective zoning districts. It is necessary
that all non-conforming buildings, structures, uses, and lots not be allowed to continue
without restriction as set forth in this Section. Furthermore, it is the intent of this Section
that all non-conforming uses shall be eventually brought into conformity with the
requirements of this Ordinance and the City Code.
801.15.2:
A.
PROVISIONS:
NON-CONFORMING USE.
1. Any non-conforming use lawfully existing upon the effective date of this Ordinance
shall not be enlarged nor shall buildings or structures associated with such use be
enlarged or reconstructed in violation of Section 801.15.2(A)(5), but may be continued at
the size and in the manner of operation existing upon such date.
2. Normal maintenance of a building, structure or land associated with a nonconforming use is allowed, so long as said maintenance does not physically expand or
intensify the non-conforming use.
3. No non-conforming building or structure associated with a non-conforming use shall
be moved to another lot or to any other part of the parcel of land upon which the same
was constructed or was conducted at the time of this Ordinance adoption unless such
movement shall bring the non-conforming use into complete compliance with the
requirements of this Ordinance and the City Code.
4. When any lawful non-conforming use of any building, structure or land in any district
has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
5. If at any time a non-conforming building, or structure, associated with a nonconforming use is wholly or partially destroyed by an act of God or fire or other
unexpected event (ie. tornadoes, straight line winds, lightning, flooding, etc.) not
intentionally caused by the Owner or person acting on behalf of Owner to the extent of
more than fifty percent (50%) of its fair market value, (said value to be determined by
having an appraisal setting forth the estimated value of the structure immediately before
and after the destruction completed by the City through an independent appraiser hired by
the City, at the cost of the Owner) then without further action by the Council, the
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building, structure and the land upon which such non-conforming use is located or
maintained shall, from and after the date of said destruction, be subject to all the
regulations specified by the zoning regulations for the district in which such land is
located. Any building or structure associated with such non-conforming use which is
damaged to an extent of less than fifty percent (50%) of its value may be restored if it is
reconstructed within eighteen (18) months after the date of said damage. This subsection
shall also apply to non-conforming buildings or structures associated with a nonconforming use which have been destroyed by the ravages of age. The fifty percent
(50%) destruction calculation shall be determined by calculating the difference between
the current market value versus the value of the building or structure had it received
reasonable care and maintenance. The date of destruction, in the case of destruction by
the ravages of age, shall be considered to be that date upon which the City notifies the
owner of its determination that destruction by ravage of age in excess of fifty percent
(50%) has taken place.
6. Whenever a lawful non-conforming use of building, structure or land is either
discontinued or abandoned for a period of six (6) months, any future use of said building,
structure or land shall be made to conform with the provisions of this Ordinance and the
City Code.
7. When any building, structure or property associated with a non-conforming use,
based upon documented study and evidence, poses a danger and/or threat to the health,
safety, or general welfare of the community, the City may do the following:
B.
(a).
Legally declare the building, structure and/or the property a nuisance;
(b).
After the owner of the building, structure and/or property is notified
inwriting by the City of the nuisance, require the owner to provide the
City a documented time schedule and program with rationale to support
the proposed termination of the building, structure or property associated
with non-conforming property use, which will result in the termination of
the non-conforming use. The termination schedule shall be based upon,
but not limited to, factors such as the initial investment and the degree of
threat or danger being posed. The acceptability of the time schedule
shall be determined by the Zoning Administrator with right of appeal to
the City Council in accordance with Section 6 of this Ordinance.
NON-CONFORMING BUILDINGS, STRUCTURES AND LOTS.
1. Non-conforming principal and accessory buildings and structures may be expanded,
enlarged or modified, or conforming building and structures can be added, provided that
the use of the land is conforming to this Ordinance and the City Code, and provided that
the expansion, enlargement or modification meets the current zoning regulations and no
other non-conformities are created.
.2. Except as allowed in 801.15.2(B)(5), a non-conforming building or structure may not
be removed, razed or demolished and a new building or structure constructed unless the
new building or structure is in full compliance with this Ordinance and the City Code.
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.3. Nothing in this Section shall prevent the replacing of a building or structure in safe
condition when said building or structure is declared unsafe by the Building Official,
providing the use of the building or structure is allowed for that property and provided
the non-conformity is not increased beyond the existing conditions upon the lot and no
other deviations within this Ordinance and the City Code are created.
.4. No non-conforming building or structure shall be moved to another lot or to any
other part of the parcel of land upon which the same was constructed unless such
movement shall bring the non-conformance into complete compliance with the
requirements of this Ordinance.
5. If at any time a non-conforming building or structure is wholly or partially destroyed,
by an act of God or fire or other unexpected event (ie. tornadoes, straight line winds,
lighting, flooding, etc.) not intentionally caused by the Owner or person acting on behalf
of the Owner, said building or structure may be reconstructed so long as the nonconformity is not increased beyond the existing conditions upon the land and no other
deviations within this Ordinance or the City Code are created and so long as it is
reconstructed within eighteen (18) months after the date of said damage.
6. Legal Non-Conforming Lots.
(a).
Vacant or Redeveloped Residential Lots.
(i).
Except where sanitary sewer has not been provided to the lot, a
lot of record existing as of 1 November 1988 in a Residential
District, which does not meet the requirements of this Ordinance
as to area or width may be utilized for single family detached
dwelling purposes provided that:
(a) In the “R-1A” District, the lot in question is at
minimum forty thousand (40,000) square feet in area and
has a minimum frontage at the building setback line of
one hundred fifty (150) feet;
(b) In all other residential districts, the measurements of
such lot’s area and frontage width are within eighty (80)
percent of the requirements of the respective district, as
established by this Ordinance.
(b).
(ii).
The preceding subsection (B) (6) (a) (i) is not intended to permit
a reduction in front, side and back yard setbacks.
(iii).
In the event that the measurements of such lot’s area and width
do not comply with subsection (B) (6) (a) (i) above, then
approval for the construction of a single family dwelling may be
requested as a conditional use permit, subject to and regulated by
Section 801.04 of this Ordinance.
Developed Lots.
An existing conforming use on a lot of substandard size may be
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expanded or enlarged if such expansion or enlargement meets all other
provisions of this Ordinance.
(c).
Unsafe Conditions.
Nothing in this Section shall limit the City’s right to declare a building,
structure or other condition as unsafe, nor limit the right of City to
require immediate action be taken by an Owner to ensure public safety
under applicable provisions of the City Code of other applicable laws or
regulations.
15-4
SECTION 16
GENERAL BUILDING AND PERFORMANCE REQUIREMENTS
Section 801.16
801.16.1:
801.16.2:
801.16.3:
801.16.4:
801.16.5:
801.16.6:
801.16.7:
801.16.8:
801.16.9:
801.16.10:
801.16.11:
801.16.12:
801.16.13:
801.16.14:
801.16.15:
801.16.16:
801.16.17:
801.16.18:
801.16.19:
801.16.1:
Purpose
Dwelling Unit Restriction
Platted and Unplatted Property
Drainage Plans
Traffic Sight Visibility Triangle
Glare
Smoke
Dust and Other Particulated Matter
Odors
Noise
Refuse
Exterior Storage/Display
Sewage Disposal
Waste Material
Bulk Storage (Liquid)
Radiation Emission
Electrical Emission
Building Security
Sales in Residential Areas
PURPOSE:
The purpose of this Section of the Zoning Ordinance is to establish general development
performance standards. These standards are intended and designed to assure
compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the
health, safety and general welfare of the residents of the community.
801.16.2:
DWELLING UNIT RESTRICTION:
A.
No garage, tent, accessory building, travel trailer or motor home shall at any time be used
as living quarters, temporarily or permanently.
B.
Tents, play houses or similar structures may be used for play or recreational purposes.
C.
Basements and cellars may be used as living quarters or rooms as a portion of the
principal residential dwelling. Energy conserving designs in housing are not prohibited
by this provision of the Ordinance, provided that a conditional use permit is approved by
the City Council and the structure complies with standards imposed by the State Building
Code.
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801.16.3:
PLATTED AND UNPLATTED PROPERTY:
A.
Any person desiring to improve property shall submit to the Building Official a survey of
said premises and information on the location and dimension of existing and proposed
buildings, location of easements crossing the property, encroachments, and any other
information which may be necessary to insure conformance to City Ordinances.
B.
All buildings shall be so placed so that they will not obstruct future streets which may be
constructed by the City in conformity with existing streets, adopted plans, and according
to the system and standards employed by the City.
C.
Substandard lots of record shall be governed by Section 801.15 of this Ordinance.
D.
Except in the case of planned unit development as provided for in Section 801.33 of this
ordinance, not more than one (1) principal building shall be located on a lot. The words
“principal building" shall be given their common, ordinary meaning as defined in Section
801.02 of this Ordinance, in the case of doubt or on any questions or interpretation the
decision of the Zoning administrator shall be final, subject to the right to appeal to the
Planning Commission and City Council. Except in the C-2 District, shopping centers
shall be interpreted as having more than one (1) principal building.
E.
On a through lot (a lot fronting on two (2) parallel streets), both street lines shall be front
lot lines for applying the yard and parking setback regulations of this Ordinance. In
addition, no home on a through lot or corner lot in any residential zone shall maintain
direct access to any arterial street designated as such by the Comprehensive Plan.
F.
When a development is proposed which is to be located on two or more lots, and such
lots are required to meet the minimum district area and frontage requirement and/or are
required to accommodate the use, the lots shall be combined in accordance with the City's
Subdivision Ordinance, prior to the issuing of a building permit.
G.
When two or more lots are located in the same residential district, one or more of which
lack adequate area or dimensions to qualify for residential use under the current
Ordinance requirements and are contiguous and held in one ownership, they shall be
combined for use in order to meet the lot requirements by subdividing the property in
accordance with the Subdivision Ordinance.
801.16.4:
GRADING AND DRAINAGE:
A.
No land shall be developed and no use shall be permitted that results in water runoff
causing flooding, erosion, or deposit of minerals on adjacent properties. Such runoff
shall be properly channeled into a storm drain, water course, ponding area, or other
public facilities subject to the review and approval of the City Engineer.
B.
In the case of all residential subdivisions, multiple family, and business developments,
the grading and drainage plans shall be submitted to the City Engineer for review and the
final drainage plan shall be subject to the Engineer's written approval. In the case of such
uses, no modification in grade and drainage flow through fill, erection of retaining walls
or other such actions shall be allowed until such plans have been reviewed and received
written approval from the City Engineer.
C.
Except for written authorization of the City Engineer, the top of the foundation and
garage floor of all structures shall be one (1) foot above the grade of the crown of the
abutting street upon which the property fronts.
D.
Modifications which serve to alter the average and typical natural grade of an individual
lot more than two (2) feet shall require the approval of the City Council.
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801.16.5:
TRAFFIC SIGHT VISIBILITY TRIANGLE:
Except for a governmental agency for the purpose of screening, no wall, fence, structure,
tree, shrub, vegetation or other obstruction shall be placed on or extend into any yard or
right-of-way area so as to pose a danger to traffic by obscuring the view of approaching
vehicular traffic or pedestrians from any street or driveway. Visibility from any street or
driveway shall be unobstructed between the height of three (3) feet and six (6) feet,
measured from where both street, driveway or railway center lines intersect within the
triangle described as beginning at the intersection of the projected curb line of two
intersecting streets or drives, thence thirty (30) feet along one curb line, thence diagonally
to a point thirty (30) feet from the point of beginning along the other curb line (see
attached drawing). The exception to this requirement shall be where there is a tree,
planting or landscape arrangement within such area that will not create a total obstruction
wider than two (2) feet. These requirements shall not apply to conditions that legally
exist prior to the effective date of this Ordinance unless such conditions are determined to
constitute a safety hazard by the Zoning Administrator.
801.16.6:
GLARE:
Any lighting used to illuminate an off-street parking area, sign or other structure, shall be
arranged as to deflect light away from any adjoining residential property, over public
water or from the public streets. Direct or sky-reflected glare, where from floodlights or
from high temperature processes such as combustion or welding shall not be directed into
any adjoining property or over public water. The source of lights shall be hooded or
controlled in some manner so as not to light adjacent property or over public water. Bare
incandescent light bulbs shall not be permitted in view of adjacent property, over public
water, or public right-of-way. Any light or combination of lights which cast light on a
public street shall not exceed one (1) foot candle (meter reading) as measured from the
center line of said street. Any light or combination of lights which case light on
residential property or over public water shall not exceed four (4) foot candles (meter
reading) as measured from said property.
801.16.7:
SMOKE:
The emission of smoke by any use shall be in compliance with and regulated by the State
of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended.
801.16.8:
DUST AND OTHER PARTICULATED MATTER:
The emission of dust, fly ash or other particulated matter by any use shall be in
compliance with and regulated by the State of Minnesota Pollution Control Standards,
Minnesota Regulation APC 7005, as amended.
801.16.9:
ODORS:
The emission of odor by any use shall be in compliance with and regulated by the State
of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended.
801.16.10:
NOISE:
Noises emanating from any use shall be in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minnesota Regulations NCP 7010, as
amended.
16-3
801.16.11:
REFUSE:
A.
Passenger automobiles and trucks not currently licensed by the State, or which are
because of mechanical deficiency incapable of movement under their own power, parked
or stored outside for a period in excess of seventy-two (72) hours, and all materials stored
outside in violation of the City Ordinances are considered refuse or junk and shall be
disposed of.
B.
Any accumulation of refuse on any premises not stored in containers which comply with
City Code, or any accumulation of refuse including car parts on any premises which has
remained thereon for more than one (1) week is hereby declared to be a nuisance and may
be abated by order of the City Health Officer, as provided by Minnesota Statutes and the
cost of abatement may be assessed on the property where the nuisance was found, as
provided by law.
801.16.12:
A.
B.
EXTERIOR STORAGE/DISPLAY:
Exterior Storage. In all zoning districts, all materials and equipment except as
specifically noted and as provided for in Sections 801.51 through 801.90 of this
Ordinance shall be stored within a building or fully screened so as not to be visible from
adjoining properties and the public right-of-way, except for the following:
1.
Clothes line pole and wires.
2.
Not more than two (2) recreational vehicles and equipment (not including race
cars). Refer to Section 801.20.8.A of the Zoning Ordinance regarding OffStreet-Parking.
3.
Construction and landscaping material currently being used on the premises.
4.
Off-street parking of passenger vehicles and non-commercial trucks not
exceeding a gross weight of 12,000 pounds in residential areas (both on and offstreet).
Outdoor Display. In C-2 and C-3 Zoning Districts, merchandise which is offered for sale
may be displayed beyond the confines of a building, but the area occupied by such
outdoor display shall not constitute a greater number of square feet than ten (10) percent
of the ground floor area of the building housing the principal use, unless such
merchandise is of a type customarily displayed outdoors. No storage of any type shall be
permitted within the one-half of the required setback nearest a street nor within any
required interior side yard or rear yard setback. Additional parking spaces shall be
provided pursuant to Section 801.20 of this Ordinance for such display space based upon
the square footage of the area involved.
801.16.13:
SEWAGE DISPOSAL:
Once available, all on-site sewage disposal systems shall be connected to the public
sanitary system within two (2) years.
801.16.14:
WASTE MATERIAL:
Waste material resulting from or used in industrial or commercial manufacturing,
fabricating, servicing, processing or trimming shall not be washed into the public storm
sewer system nor the sanitary sewer system or any public water body, but shall be
disposed of in a manner approved by the Minnesota State Fire Marshall, the Pollution
Control Agency, and the Department of Natural Resources.
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801.16.15:
BULK STORAGE (LIQUID):
All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical,
flammable and similar liquids shall comply with requirements of the Minnesota State Fire
Marshall's and Minnesota Department of Agriculture Offices and have documents from
those offices stating the use is in compliance.
801.16.16:
RADIATION EMISSION:
All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution
801.16.17:
ELECTRICAL EMISSION:
All activities which create electrical emissions shall comply with the minimum
requirements of the Federal Communications Commission.
801.16.18:
BUILDING SECURITY:
All multiple family buildings shall be provided with security systems subject to comment
of the Chief of Police and the Building Official.
801.16.19:
A.
B.
SALES IN RESIDENTIAL AREAS:
Personal Vehicles.
1.
Vehicles sold in residential areas shall be the personal property of the
occupant.
2.
Sales of personal vehicles shall be limited to no more than one (1) vehicle
per calendar year, unless approved by the Zoning Administrator.
3.
Vehicles for sale shall not be parked in any portion of the public right-of-way,
public boulevard, or required front yard except a designated, improved
driveway.
4.
For sale signs on or in such vehicles shall be limited to two (2) square feet.
Garage or Rummage Sales.
1.
Merchandise offered for sale shall be the personal property of the occupant.
2.
Sales shall be limited to a maximum of four (4) consecutive days and occurring
no more than two (2) times within one (1) calendar year per property.
3.
All goods shall be confined within a building and improved driveway with no
display occurring within other portions of the front yard.
4.
Signs shall be governed by Section 801.27 of this Ordinance.
16-5
SECTION 17
ACCESSORY BUILDINGS, STRUCTURES, USES AND EQUIPMENT
Section 801.17:
801.17.1:
801.17.2:
801.17.3:
801.17.4:
801.17.5:
801.17.6:
801.17.7:
801.17.8:
801.17.9:
801.17.1:
Single Family Detached Uses
Garages with Alley Access
Size
Setbacks
Time of Construction
Building Material
Trash Receptacles
Conditional Use Permits
Opt-Out of Minnesota Statutes, Section 462.3593
SINGLE FAMILY DETACHED USES:
A.
Except as may be specifically provided, no accessory use, building, structure or
equipment shall be allowed within a required front yard. With the exception of a
garage servicing a residential use, or a guest or caretaker's house in the R-1A
Zoning District, no accessory building or equipment may be placed within a front
yard.
B.
Within the R-1A, R-1, R-2A and R-2 Zoning Districts, a garage not exceeding
one thousand (1,000) square feet shall be considered an integral part of the
principal building if it is attached to the principal building or is connected to it by
a covered passageway and such garages are exempt from the provisions of this
Subsection.
C.
In those residential zoning districts which are not specified in subsection B above,
the total floor area of either an attached garage or a detached garage for a single
family detached dwelling shall not exceed seven hundred fifty (750) square feet of
floor area and not exceed the ground coverage of the dwelling, except by
conditional use.
D.
No accessory building, structure, and/or detached garage or combination thereof
for a single-family dwelling shall occupy more than twenty-five (25) percent of
the area of the rear yard.
E.
Except in the R-1A and R-1 Zoning Districts, no building permit shall be issued
for more than one (1) detached or attached private garage for each single family
dwelling, except by conditional use permit.
F.
With the exception of the R-1A and R-1 Zoning Districts, no building permit shall
be issued for the construction of an accessory building for a single family
dwelling when an existing detached garage is located on the same lot, except by
conditional use permit.
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G.
With the exception of the R-1A and R-1 Zoning Districts, no permit shall be
issued for the construction of more than one accessory building and/or structure,
except by conditional use permit.
H.
Accessory buildings may encroach into the required rear yard setbacks within the
rear yard of a lot, except, however, that no such encroachment may occur on
required easement, or in a required side yard setback abutting a street in the case
of a corner lot.
801.17.2:
GARAGES WITH ALLEY ACCESS:
Private garages having direct access onto an alley shall be setback twenty (20)
feet from the alley lot line. In cases where reasonable difficulty is encountered in
meeting this requirement, deviations to the setback standard may be approved by
conditional use permit.
801.17.3:
SIZE:
Except in the case of single family detached dwellings, accessory buildings shall
not exceed thirty (30) percent of the gross floor area of the principal buildings. In
those cases where the standards are exceeded, a planned unit development
conditional use permit shall be required.
801.17.4:
SETBACKS:
Accessory buildings shall be setback from adjoining lots as prescribed in the
applicable district and shall not be located within a utility easement.
801.17.5:
TIME OF CONSTRUCTION:
No accessory building or structure shall be constructed on any lot prior to the time
of construction of the principal building to which it is accessory.
801.17.6:
BUILDING MATERIALS:
The same or similar quality exterior material shall be used in the accessory
building and in the principal building. All accessory buildings shall also be
compatible with the principal building on the lot. "Compatible" means that the
exterior appearance of the accessory building is not at variance with the principal
building from an aesthetic and architectural standpoint as to cause:
A.
A difference to a degree to cause incongruity.
B.
A depreciation of neighborhood values or adjacent property values.
C.
A nuisance. Types of nuisance characteristics include unsightly building exterior.
801.17.7:
TRASH RECEPTACLES:
All buildings having exterior trash receptacles shall provide an enclosed area in
conformance with the following:
A.
Exterior wall treatment shall be similar and/or complement the principal building.
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B.
The enclosed trash receptacle area shall be located in the rear or side yard.
C.
The trash enclosure must be in an accessible location for pick-up hauling vehicles.
D.
The trash receptacles must be fully screened from view of adjacent properties and
the public right-of-way.
E.
The design and construction of the trash enclosure shall be subject to the approval
of the Building Official.
F.
Recycling space must be provided as required by the State Building Code.
801.17.8:
CONDITIONAL USE PERMITS:
Application for a conditional use permit under this Subsection shall be regulated
by Section 801.04 of this Ordinance. Such a conditional use permit may be
granted provided that:
A.
There is a demonstrated need and potential for continued use of the structure for
the purpose stated.
B.
In the case of residential uses, no commercial or home occupation activities are
conducted on the property.
C.
The building has an evident re-use or function related to the principal use.
D.
Accessory building shall be maintained in a manner that is compatible with the
adjacent residential uses and does not present a hazard to public health, safety and
general welfare.
E.
The provisions of Section 801.04.2.F. of this Ordinance shall be considered and a
determination made that the proposed activity is in compliance with such criteria.
801.17.9:
OPT-OUT OF MINNESOTA STATUTES, SECTION 462.3593:
Pursuant to authority granted by Minnesota Statutes, Section 462.3593,
subdivision 9, the City of Wayzata opts-out of the requirements of Minn. Stat.
§462.3593, which defines and regulates Temporary Family Health Care
Dwellings.
17-3
SECTION 18
FENCING/SCREENING
Section 801.18:
801.18.1:
801.18.2:
801.18.3:
801.18.4:
801.18.1:
Fence Regulations
General Landscaping and Maintenance
Required Fencing, Screening and Landscaping
Screening of Mechanical Equipment
FENCE REGULATIONS:
A.
Permit Required. Except as otherwise provided herein, no person shall erect, alter or
relocate any fence within the City without first having been issued a permit therefor.
B.
Permit Fee. A fee as established by City Council resolution shall be charged for a permit
issued under this section for new fences, as well as the replacement of fences in the same
location.
C.
Application Procedures. Each application for a permit under this Section shall be
submitted to the Zoning Administrator on forms provided by the City. Each such
application shall include:
1.
2.
3.
D.
A Site plan drawn to scale showing the location of house(s), garage(s), and other
improvements on the lot and the location of the fencing to be erected, altered or
relocated.
A sketch or photocopy of the proposed fence.
Where appropriate, the signature of all side abutting neighbors.
General Provisions. All fences within the City shall be subject to the following general
provisions:
1.
No fences shall be placed on or extend into public rights-of-way.
2.
All fences (hedges and plantings excluded) constructed shall require a permit
under this Section. Permits may be issued by the Zoning Administrator or
designee, if all requirements of this Ordinance have been met.
3.
That side of any fence considered to be its "face" (i.e., the finished side having no
structural supports) shall face abutting property.
4.
Both sides of any fence shall be maintained in a condition of reasonable repair
and appearance by its owner and shall not be allowed to become and remain in a
condition of disrepair or danger, or constitute a nuisance, public or private.
5.
Barbed wire fences are only allowed in the City of Wayzata by conditional use
permit.
6.
No person shall construct or maintain or allow to be constructed or maintained
anywhere within the City any fence or metal construction which is charged by or
connected with an electrical system.
7.
No physical damage of any kind shall occur to abutting property.
18-1
E.
8.
All man-made fences located in front of the rear building line shall consist of
materials comparable in grade and quality to the following: decorative masonry,
wrought iron or wood, provided the surfaces are finished for exterior use; or
wood of proven durability is used, such as cedar or redwood.
9.
A certificate of survey shall be required for all fences (except hedges and
plantings) to be constructed up to or on the property line, unless corner property
stakes are located and a survey exists in the property file.
Specific Fence Standards. Fences may be allowed in the City of Wayzata subject to the
following specific standards:
1.
Except as may be provided herein, man-made fences not exceeding six (6) feet in
height and consisting of completely solid matter may be permitted at or behind
the rear building line as established by the primary structure on the lot.
2.
Except as may be provided herein, fences not exceeding forty-two (42) inches in
height and consisting of no more than fifty (50) percent solid matter may be
permitted in front of the front building line as established by the primary
structure on the lot.
3.
Except as may be provided herein, man-made fences may be permitted at or
behind the front building line and in front of the rear building line as established
by the primary structure on the lot, subject to the following standards:
a.
Fences not exceeding forty-two (42) inches in height may consist of
completely solid matter.
b.
Fences over forty-two (42) inches in height, but not exceeding six (6)
feet in height, shall consist of no more than fifty (50) percent solid matter
for the entire fence.
4.
Fences not exceeding six (6) feet in height, for uses other than one and two
family dwellings, may be permitted in front of the front building line as
established by the primary structure on the lot, when required for screening of
adjacent property. In such cases, the required front setback for the fence shall be
the same as for the use which it is intended to screen. In no case shall a fence
exceeding forty-two (42) inches in height be set back less than ten (10) feet from
the roadway in such instances.
5.
On corner lots or lots adjacent to railroad rights-of-way, no fence shall be located
in a sight visibility triangle unless it is in compliance with the sight clearance
requirements for such lots as set forth in the Section 801.16.5 of this Ordinance.
6.
Should the rear lot line of a lot in a residential district be common with the side
lot line of an abutting lot, that portion of the rear lot line equal to the required
front yard setback of the abutting lot shall be fenced in accordance with the
provisions of Section 801.18.1.E.2.
7.
Fences up to ten (10) feet in height may be permitted to enclose tennis courts
where allowed or permitted by conditional use.
8.
Natural hedges or plantings utilized as fences in the R-1A and R-1 Zoning
Districts are allowed with no height restrictions in front, side, and rear yards.
9.
There are no height restrictions on natural hedges or plantings utilized as fences
located behind the rear building line of the principal structure in any residential
zoning district.
18-2
F.
Fence Standards Allowed by Conditional Use Permit. In accordance with all conditional
use permit procedures set forth in Section 801.04 of this Ordinance, special fencing
arrangements may be approved as a conditional use permit by the City. The following
fences may be approved by conditional use permit only in accordance with the standards
as set forth herein:
1.
2.
G.
Fences allowed by conditional use permit are as follows:
a.
Fences generally not exceeding a height of eight (8) feet in locations
where fences of up to six (6) feet height are permitted, except for within
a side or rear of a required lakeshore setback area.
b.
Fences consisting of greater than fifty (50) percent solid matter in front
of the rear building line up to the front property line and not exceeding a
height of eight (8) feet. In no case shall a fence extend into the public
right-of-way or be located nearer than ten (10) feet from the street or
roadway.
c.
Barbed wire fences used to enclose an area of five (5) acres or more, or
on the top of security fences where essential to the protection of private
goods and property or the public health, safety and welfare as deemed
appropriate.
Standards for evaluating fence conditional use permits are as follows:
a.
The fence placement, height or design does not create a safety hazard
with regard to, from or on a public street or roadway.
b.
The fence placement, height or design does not create a safety problem
or negatively affect adjoining properties or use.
c.
The provisions of Section 801.04.2.G of this Ordinance are considered
and satisfactorily met.
Non-Conforming Fences. It is the intent of this Ordinance to allow the continuation of
such non-conforming fences until they are discontinued as provided herein. However, it
is not the intent of this Ordinance to encourage the survival of non-conforming fences
and such fences are declared to be incompatible with permitted fences within the City.
Such fences shall be regulated by the following provisions:
1.
No existing fence not permitted by this Ordinance in the district within which it
is located, except when required to do so by law or ordinance, shall be enlarged,
extended, reconstructed or structurally altered unless such fence is changed to
one permitted in that district. Maintenance of a non-conforming fence will be
allowed, however, when this includes necessary repairs and incidental alterations
which do not expand or intensify the non-conforming fence.
18-3
801.18.2:
GENERAL LANDSCAPING AND MAINTENANCE:
All exposed ground areas surrounding or within a principal or accessory use, including
street boulevards, and not devoted to parking areas, drives, sidewalks, patios or other
such uses shall be landscaped with grass, shrubs, trees or other ornamental landscape
materials within one (1) year following the date of building occupancy. All landscaped
areas shall be kept neat, clean and uncluttered, and where a landscape plan required City
approval any plant material which is diseased or dies shall be replaced with like kind of
the original size. No landscaped area shall be used for the parking of vehicles or for the
storage or display of materials, supplies or merchandise. Fences and/or plantings placed
upon utility easements are subject to removal by the City or utility company if required
for maintenance or improvement of the utility. Trees on utility easements containing
overhead wires shall not exceed fifteen (15) feet in height, which it shall be the property
owner's responsibility to maintain.
801.18.3:
A.
B.
REQUIRED FENCING, SCREENING AND LANDSCAPING:
Fencing and Screening. Where any townhouse, quadraminium, manor home, multiple
family or non-residential use (i.e., structure, parking or storage) abuts property zoned for
residential use, the higher density residential or the non-residential use shall provide
screening along the boundary of the residential property. Screening shall also be
provided where a non-residential use is across the street from a residential zone, but not
on that side of a non-residential use considered to be the front (as determined by the
Zoning Administrator). All the fencing and screening specifically required by this
Ordinance shall be subject to Section 801.16.5 and shall consist of either a fence or a
green belt planting strip as provided for below.
1.
A green belt planting strip shall consist of evergreen trees and/or deciduous trees
and plants and shall be of sufficient width and density to provide an effective
visual screen. This planting strip shall be designed to provide complete visual
screening to a minimum height of six (6) feet. Earth mounding or berms may be
used but shall not be used to achieve more than three (3) feet of the required
screen. The planting plan and type of plantings shall require the approval of the
City Council.
2.
A required screening fence shall be constructed of masonry, brick, wood or
metal. Such fence shall provide a solid screening effect of six (6) feet in height.
The design and materials used in constructing a required screening fence shall be
subject to the approval of the City Council. Fences in excess of height
limitations established in Section 801.18.1 shall require approval pursuant to
procedures noted.
Landscaping - New Residential Subdivisions, Semi-Public and All Income Producing
Property Uses. (Excluding residential structures containing less than four (4) dwelling
units.) Prior to approval of a building permit, all above referenced uses shall be subject
to mandatory landscape plan and specification requirements. Said landscape plan shall
be developed with an emphasis upon the boundary or perimeter of the proposed site at
points adjoining other property and the immediate perimeter of the structure. All
landscaping incorporated in said plan shall conform to the following standards and
criteria:
1.
All plants must be at least equal the following minimum size:
18-4
Balled &
Potted/Bare Root
Burlapped
2 in. dia.
2 in. dia.
Hawthorn, etc.)
6-7' high
1-1/2" dia.
Evergreen Trees
---------
3-4' high
3-4' high
3-4' high
Shade Trees*
Half Trees (Flowering
Crabs, Russian Olive,
Tall Shrubs and Hedge
Material (Evergreen
or Deciduous)
Balled &
Potted/Bare Root
Burlapped
Low Shrubs-Deciduous
18-24 inch
24-30 inch
-Evergreen
18-24 inch potted
24-30 inch
-Spreading Evergreens
18-24 inch potted
18-24 inch
*Type and mode are dependent upon time of planting season, availability, and site
conditions (soils, climate, ground water, man-made irrigation, grading, etc.)
2.
3.
Spacing.
a.
Plant material centers shall not be located closer than three (3) feet from
the fence line or property line and shall not be planted to conflict with
public tings based on the judgement of the Zoning Administrator.
b.
Where plant materials are planted in two or more rows, plantings shall be
staggered in rows unless otherwise approved by the Zoning
Administrator.
c.
Where massing of plants or screening is intended, large deciduous shrubs
shall not be planted more than four (4) feet on center, and/or evergreen
shrubs shall not be planted more than three (3) feet on center.
Types of New Trees. Plantings, suitable trees include:
Quercus (varieties)
Oak
Acer platanoides (& varieties)
Norway Maple (and
Schwedler, Emerald
Queen, etc.)
Acer saccharum
Sugar Maple
Celtis accidentalis
Hackberry
18-5
Betula (varieties)
Birch
Gleditsia triacanthos
Honeylocust
(Imperial, Majestic
Skyline, Sunburst,
& Thornless) Little
Leaf Linden/Redmond
Tilia cordata (& varieties)
4.
Tilia americana
Basswood (Am Linden)
Fraxinus pennsylvania
Green Ash (& Summit,
lanceolate
Marshall's)
Ginkgo biloba (male tree only)
Ginkgo
Gymnocladus dioicus
Kentucky Coffee Tree
Design.
a.
The landscape plan shall show site amenities, (i.e., composition of plant
materials, and/or creative grading, decorative lighting, exterior sculpture,
etc.) which are largely intended for aesthetic purposes.
b.
All areas within the property lines (or beyond, if site grading extends
beyond) shall be treated. All exterior areas not paved or designated as
roads, parking, or storage must be planted into ornamental vegetation
(lawns, ground covers, or shrubs) unless otherwise approved by the
Zoning Administrator.
c.
Turf slopes in excess of 2:1 are prohibited.
d.
All ground areas under the building roof overhang must be treated with a
decorative mulch and/or foundation planting.
e.
All buildings must have an exterior water spigot to insure that landscape
maintenance can be accomplished.
5.
Landscape Guarantee. All new plants shall be guaranteed for two (2) full years
from the time planting has been completed. All plants shall be alive and in
satisfactory growth at the end of the guarantee period or be replaced.
6.
Existing Trees. With respect to existing trees in new developments, all trees on
the site are to be saved which do not have to be removed for street, buildings,
parking, utilities, drainage or active recreational purposes. Trees over six (6)
inches in diameter that are to remain, are to be marked with a red band, and to be
protected with snow fences or other suitable enclosure, prior to any excavation.
The City may further require that the developer retain a professional forester to
prepare a forest inventory and management plan for the development, in order to
control and abate any existing or potential loss. In those instances where trees of
over six (6) inches in caliper will be lost due to construction, the City Council
may require the planting of new trees in an amount equal to or greater than the
total caliper inches which will be removed.
18-6
801.18.4:
SCREENING OF MECHANICAL EQUIPMENT:
Mechanical equipment located on the roof of any building and visible from the street
level or from neighboring properties shall be screened with a material designed to blend
harmoniously with the building's facing materials. Where buildings have exposure to
buildings with higher elevation, roof equipment shall be totally screened or enclosed with
a material to blend with the roof surface material.
18-7
SECTION 19
GENERAL YARD, LOT AREA AND BUILDING REGULATIONS
Section 801.19:
801.19.1:
801.19.2:
801.19.3:
801.19.4:
801.19.5:
801.19.6:
801.19.7:
801.19.8:
801.19.9:
801.19.10:
801.19.11:
801.19.12:
801.19.13:
801.19.1:
Purpose
Height
Building Type and Construction
Yards
Residential Standards in Non-Residential Districts
Minimum Floor Area Per Dwelling Unit
Minimum Lot Area Per Unit
Two-Family, Townhouse, Quadraminium, Manor Home,
Multiple Family Uses
Usable Open Space
Minimum Lot Area, Unsewered Lots
Single Family Dwellings
Elevator Service
Rooftop Structures and Gardens
PURPOSE:
This Section identifies yard, lot area, building size, and building type and height
requirements in each zoning district.
801.19.2:
A.
HEIGHT REQUIREMENTS:
A building which actual height from the foundation to the top peak of any portion of the
roof exceeds the allowable building height in the applicable zoning district by more than
five (5) feet or roof pitches of more than a 45 degree angle for those structures at the
building height limitation may be allowed as a conditional use permit provided that:
1.
The architectural appearance of the building shall not be so dissimilar to the
existing neighboring buildings as to cause impairments in property values or
constitute a blighting influence within a reasonable distance of the lot.
2.
For each additional five (5) feet in allowable, actual, roof height as calculated by
the Building Code, which is above the maximum building height allowed by the
respective zoning district; front and side yard setback requirements shall be
increased by one (1) foot.
3.
The construction does not limit solar access to abutting and/or neighboring
properties.
4.
The provisions of Section 801.04.2.F, Conditional Uses, are considered and
satisfactorily met.
19-1
B.
The building height limits established in each zoning district shall not apply to the
following list of items, except that no such structural element may exceed forty (40) feet
in total height or exceed the maximum height of the building by more than five (5) feet,
whichever is greater, except by conditional use permit.
1.
Belfries
2.
Chimneys or flues
3.
Church spires
4.
Cooling towers
5.
Communication reception/transmission devices
6.
Cupolas and domes which do not contain usable space
7.
Elevator penthouses
8.
Flag poles
9.
Monuments
10.
Parapet walls
11.
Necessary mechanical and electrical appurtenances
C.
Modifications to the site grading of a lot may not be undertaken as a means of achieving
increased building height, unless approved by the City Council.
D.
As may be appropriate, applicants shall be required to submit a detailed survey for all
new residential and non-residential structures including topographical information at two
(2) foot contours signed by a licensed surveyor depicting elevations (existing and
proposed) at the corners of the building footprint and within a radius of five (5) feet to
verify the calculation of the datum point for determination of the building height.
801.19.3:
BUILDING TYPE AND CONSTRUCTION:
A.
No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or
roofs), except those specifically intended to have a corrosive designed finish such as
corten steel shall be permitted in any zoning district.
B.
Buildings in all zoning districts shall maintain a high standard of architectural and
aesthetic compatibility with surrounding properties to insure that they will not adversely
impact the property values of the abutting properties or adversely impact the community's
public health, safety and general welfare.
C.
Exterior building finishes shall consist of materials comparable in grade and quality to
the following:
1.
Brick
2.
Natural stone
3.
Decorative concrete block
4.
Cast in place concrete or precast concrete panels
5.
Wood, provided the surfaces are finished for exterior use and wood of proven
exterior durability is used, such as cedar, redwood, cypress
19-2
D.
6.
Curtain wall panels of steel, fiberglass and aluminum (non-structural, non-load
bearing), provided such panels are factory fabricated and finished with a durable
non-fade surface their fasteners are of a corrosion resistant design
7.
Glass curtain wall panels
8.
Stucco
9.
Vinyl
10.
Other materials as determined by the Zoning Administrator, but not including
galvanized or unfinished metal.
The additional requirements of the Design Guidelines shall be applied to properties
located in the Lake District, Bluff Neighborhood District, and Wayzata Boulevard
District, and Wayzata Boulevard as defined in Section 801.09 of this Ordinance.
801.19.4:
YARDS:
Except as provided below, no lot, yard or other open space shall be reduced in area or
dimension so as to make such lot, yard or open space less than the minimum required by
this Ordinance. No required open space provided about any building or structure shall be
included as part of any open space required for another structure.
A.
B.
The following shall not be considered as encroachments on yard setback requirements.
1.
Cantilevers up to ten (10) feet in width, chimneys, flues, leaders, sills, pilasters,
lintels, ornamental features, cornices, eaves, gutters, and the like, provided they
do not project more than two and one-half (2-1/2) feet into a required yard.
2.
Terraces, steps, decks, uncovered porches, stoops or similar features provided
they do not extend above the height of the ground floor level of the principal
structure or to a distance less than five (5) feet from a side yard and rear lot lines,
or more than five (5) feet into a required front yard. No encroachment shall be
permitted in existing or required drainage and utility easements.
3.
In rear yards, recreational and laundry drying equipment, arbors and trellises,
detached outdoor living rooms, and air conditioning or heating equipment not
exceeding established State noise levels, provided they are at a distance of ten
(10) feet from any lot line. No encroachment shall be permitted in existing or
required drainage and utility easements.
4.
A one story entrance for a detached single family or duplex dwelling constructed
prior to 1 January 1975 may extend into the front yard setback not exceeding five
(5) feet subject to the approval of a conditional use permit.
Required Front Yard Setback Exceptions. In the case of lots platted prior to the date of
this Ordinance, the required front yard setback as established by the respective zoning
districts may be reduced, upon the approval of the Zoning Administrator, to a distance
equaling the average setback of principal buildings within the block frontage in which the
lot is located. In no case shall this distance be less than fifteen (15) feet, nor shall a
principal structure be placed more than five (5) feet beyond the setback of any principal
structure on a directly abutting lot. The Zoning Administrator's approval shall be given
as a matter of right if there is compliance with this Ordinance and any other applicable
Ordinance.
19-3
C.
Corner Lots. Front yard requirements shall be observed on each street frontage of a
corner lot. Where the rear boundary line of a corner lot is part of the side boundary of a
residential lot no part of any structure or building on the corner lot shall be nearer its
street side lot line than the minimum depth of any front yard required along such side
street. In the case of a narrow corner lot where compliance with this requirement should
give an impractical depth to a structure or building, the City Council may allow the
construction of such structure as near to the street side lot line as will give a practicable
depth by approval of a conditional use permit.
D.
In the case of a residential lot in an R-2A, R-2, R-3A, R-3, R-4A, R-4 and R-5 District
siding or backing onto a dedicated limited access highway, a flood plain, a public park or
trail, or other such similar publicly reserved and development restricted areas (excluding
shorelands or wetlands), the required side and/or rear yard setback may be reduced one
foot for each foot of public space, but in no case shall the rear yard requirement be
reduced more than ten (10) feet nor the side yard less than five (5) feet.
E.
Required Side or Rear Yard Reduction. A required yard on a lot may be reduced by a
conditional use permit if the following conditions are met:
1.
The reduction of setback requirements is based upon a specific need or
circumstance which is unique to the property in question and which, if
appropriate, will not set a precedent which is contrary to the intent of this
Ordinance.
2.
Property line drainage and utility easements as required by the City’s Subdivision
Ordinance are provided and no building will occur upon this reserved space.
3.
The reduction will work towards the preservation of trees or unique physical
features of the lot or area.
4.
If affecting a north lot line, the reduction will not restrict sun access from the
abutting lots.
5.
The reduction will not obstruct traffic visibility, cause a public safety problem
and complies with Section 801.16.5 of this Ordinance.
6.
The conditions of Section 801.04.2 (F) of this Ordinance are considered and
satisfactorily met.
801.19.5
RESIDENTIAL STANDARDS IN NON-RESIDENTIAL DISTRICTS:
Whenever any single family or two family residential dwelling is proposed to be
constructed within an R-4A, R-4, R-5, INS or C-1 District it shall conform with R-3
District standards. Existing single family or two family residential uses within R-4, R-5,
INS, C-1, C-2, C-3 and C-4 Districts also shall conform with R-3 District standards.
801.19.6:
A.
MINIMUM FLOOR AREA PER DWELLING UNIT:
Single Family Dwelling Units. Except as otherwise specified in the zoning district
provisions or as allowed by conditional use permit, single family homes as classified
below shall have the following minimum floor areas per unit:
Two Bedroom
960 square feet above grade
19-4
Three Bedroom
B.
1040 square feet above grade
Multiple Dwelling Units. Except for elderly housing units or as allowed by conditional
use permit, living units classified as multiple dwelling shall have the following minimum
floor areas per unit:
Efficiency Units
500 square feet
One Bedroom Units
700 square feet
Two Bedroom Units
900 square feet
More than two bedroom units - an additional 150 square feet for each additional
bedroom.
C.
Elderly (Senior Citizen) Housing. Living units classified as elderly (senior citizen)
housing units shall have the following minimum floor areas per unit:
Efficiency Units
440 square feet
One Bedroom Units
520 square feet
More than one bedroom units - an additional 80 square feet for each additional
bedroom.
D.
Two Family, Quadraminiums, Townhouses and Manor Homes. Except as otherwise
specified in the zoning district provisions or as allowed by conditional use permit, two
family, quadraminiums, townhouses and manor homes, as classified below, shall have the
following minimum floor area per one bedroom unit:
Two Family
650 square feet first floor above grade, plus 100
additional square feet for each additional bedroom
Quadraminiums, Townhouses and Manor Homes
600 square feet first floor above grade, plus 100
additional square feet for each additional bedroom
E.
Efficient Apartments. Except for elderly (senior citizen) housing, the number of
efficiency apartments in a multiple dwelling shall not exceed ten (10) percent of the total
number of apartments. In the case of elderly (senior citizen) housing, efficiency
apartments shall not exceed thirty (30) percent of the total number of apartments.
801.19.7:
MINIMUM LOT AREA PER UNIT:
The lot area per unit requirement for two family, townhouses, quadraminiums, manor
homes, apartments and planned unit developments shall be calculated on the basis of the
total area in the project and as controlled by an individual and joint ownership as per the
specific zoning district regulation. Unless approved by conditional use permit, areas
qualifying as wetlands pursuant to this Ordinance, shall not be included in the calculation
of total area.
801.19.8:
USABLE OPEN SPACE:
Except in the case of elderly (senior citizen) housing, each multiple family dwelling site
shall contain at least five hundred (500) square feet of usable space as defined in Section
801.02.2 of this Ordinance for each dwelling unit contained thereof.
19-5
801.19.9:
TWO FAMILY, TOWNHOUSE, QUADRAMINIUM, MANOR HOME,
MULTIPLE FAMILY USES:
A.
No single townhouse structure shall contain more than five (5) dwelling units.
B.
Minimum unit lot frontage for townhouses shall be not less than twenty (20) feet.
C.
Subdivision of Two-Family Double Bungalows, Townhouse or Quadraminium Lots: the
subdivision of base lots containing two-family dwellings, townhouses, or quadraminiums
to permit individual private ownership of a single dwelling within such a structure is
acceptable upon the approval by the City. Approval of a subdivision request is
contingent on the following requirements:
D.
1.
Two-family, townhouses, and quadraminiums intended for owner occupancy
shall be subdivided on an individual lot basis according to the provisions of
Section 801.33 (Planned Unit Development) of this Ordinance.
2.
Prior to a two-family double bungalow dwelling, townhouse or quadraminium
subdivision, the base lot must meet all the requirements of the zoning district.
3.
Except for planned unit developments, there shall be no more than one principal
structure on a base lot in all residential districts. The principal structure on the
base lot created in a two-family, townhouse or quadraminium subdivision will be
the portion of the attached dwelling existing or constructed on the platted unit lot.
4.
Permitted accessory uses as defined by the zoning districts are acceptable,
provided they meet all the zoning requirements.
5.
A property maintenance agreement must be arranged by the applicant and
submitted to the City Attorney for review and approval. The agreement shall
ensure the maintenance and upkeep of the structure and lots to meet minimum
City standards. The agreement is to be filed with the Hennepin County
Recorder's Office as a deed restriction against the title of each unit lot.
6.
Separate public utility service shall be provided to each subdivided unit and shall
be subject to the review and approval of the City Engineer.
7.
The subdivision is to be platted and recorded in conformance to the requirements
of the Subdivision Regulations of the City.
8.
Structural requirements of the Uniform Building Code at the time of subdivision
are complied with.
Subdivision of multiple family, two-family duplex, manor homes and other such units:
1.
The subdivision is to be platted and recorded in conformance with the
requirements of the Subdivision Regulations of the City as applicable.
2.
The subdivision shall comply with applicable cooperative or condominium laws
of the State of Minnesota.
801.19.10:
MINIMUM LOT AREA, UNSEWERED LOTS:
Lot sizes where public sewer is not available shall conform to the minimum requirements
set forth below.
A.
The minimum single family lot size is five (5) acres. This minimum lot size shall not
apply to smaller separate parcels of record in separate ownership lawfully existing prior
to 1 July 1990 provided that it can be demonstrated by means satisfactory to the City that
19-6
the small parcels will not result in groundwater, soil or other contamination which may
endanger the public health.
B.
Commercial developments and multiple family dwellings are not allowable uses.
C.
Subject to the other provisions of the Zoning Ordinance other uses may be allowed by
conditional use permit. The minimum lot size for each principal use is five (5) acres. A
conditional use permit shall not be granted unless it can be demonstrated by means
satisfactory to the City that the use:
1.
Will not result in groundwater, soil or other contamination which may endanger
the public health.
2.
Will not increase future City utility service demands and expense.
3.
Will not jeopardize public safety and general welfare.
801.19.11:
SINGLE FAMILY DWELLINGS:
All single family detached homes shall:
A.
Be constructed upon a continuous perimeter foundation that meets the requirements of
this Ordinance and Uniform Building Code.
B.
Shall not be less than thirty (30) feet in length and not less than twenty-two (22) feet in
width over that entire minimum length. Width measurements shall not take account of
overhang and other projections beyond the principal walls. Dwelling shall also meet the
minimum floor area requirements as set out in this Ordinance.
C.
Have an earth covered, composition, shingled or tiled roof.
D.
Receive a building permit. The application for a building permit in addition to other
information required shall indicate the height, size, design and the appearance of all
elevations of the proposed building and a description of the construction materials
proposed to be used. The exterior architectural design of a proposed dwelling may not be
so at variance with, nor so similar to, the exterior architectural design of any structure or
structures already constructed or in the course of construction in the immediate
neighborhood, nor so at variance with the character of the surrounding neighborhood as
to cause a significant depreciation in the property values of the neighborhood or
adversely affect the public health, safety or general welfare.
E.
Meet the requirements of the State Uniform Building Code or the applicable
manufactured housing code.
801.19.12:
ELEVATOR SERVICE:
Any multiple family dwelling over two (2) stories in height shall be provided with
elevator service.
19-7
SECTION 20
OFF-STREET PARKING AND LOADING
Section 801.20:
801.20.1:
801.20.2:
801.20.3:
801.20.4:
801.20.5:
801.20.6:
801.20.7:
801.20.8:
801.20.9:
801.20.10:
801.20.11:
801.20.12:
801.20.13:
801.20.1:
Purpose
Scope of Regulations
General Provisions
Off-Street Parking Restrictions
Parking Area Location and Design
Screening and Landscaping
Maintenance
Off-Street Parking Facilities Provided on a Site Elsewhere Than the
Principal Use
Joint Facilities
Truck Loading Areas, Design and Maintenance
Off-Street Parking and Loading Requirements
C-4, C-4A and C-4B Parking Requirements
Space Reductions
PURPOSE:
The regulation of off-street parking spaces in these zoning regulations is intended to
alleviate or prevent congestion of the public right-of-way and to promote the safety and
general welfare of the public, by establishing minimum requirements for off-street
parking of motor vehicles in accordance with the intensity of utilization of the various
parcels of land or structures.
801.20.2:
SCOPE OF REGULATIONS:
The off-street parking requirements of this ordinance shall apply within all zoning
districts for uses and structures, except as hereinafter provided.
801.20.3:
A.
GENERAL PROVISIONS:
Site Plans: All site plans submitted for a structure requiring parking spaces and/or
loading facilities shall show or designate the parking and/or loading area(s), number of
parking spaces, and type of surfacing, screening, drainage, curbing, sidewalks and other
improvements which may be required to be installed. Said plan shall be a part of the
Building Permit for any such structure, and no Certificate of Occupancy shall be issued
until all items shown on the plan for parking and loading facilities have been completed,
unless an agreement supported by a cash deposit or bond provides for the completion of
said plan.
20-1
B.
Change in Use. When there is a change of use, tenancy, or occupancy of a parcel of land
or building which requires additional parking or loading spaces, as prescribed in this
Section, the minimum parking requirements as prescribed herein shall be met for such
use, tenant, or occupant.
C.
Reduction of Existing Off-Street Parking Space or Parking Lot Area. Off-street parking
spaces and loading spaces or parking lot area existing upon the effective date of this
Ordinance shall not be reduced in number or size unless said number or size exceeds the
requirements set forth herein for a similar new use.
801.20.4:
OFF-STREET PARKING RESTRICTIONS:
A.
Boats, fish houses, school buses, house trailers, camping trailers, farm tractors, utility
trailers and motor homes may not be parked, stored or otherwise continued on residential
property for a period greater than seventy-two (72) hours, unless placed completely in the
rear yard or side yard of said property and are screened from view of abutting properties
and the public right-of-way.
B.
Except where otherwise allowed in a zoning district, trucks of more than twelve thousand
(12,000) GVW or greater than thirty (30) feet in length, and contracting or excavating
equipment may not be parked, stored or otherwise continued on any property within the
City unless being used in conjunction with a temporary service benefiting the residential
or commercial premises.
C.
Junked or inoperable vehicles may not be parked, stored or otherwise continued on any
property within the City for a period greater than seventy-two (72) hours unless placed
completely within an enclosed building or garage or screened in accordance with the
provisions of Section 801.18 of this Ordinance. Said regulations shall also apply to race
cars.
D.
No motor vehicle repair work of any kind shall be permitted in conjunction with exposed
off-street parking facilities, except for minor repairs of vehicles owned by the occupant or
resident of the principal use for which the parking space is intended. No exterior storage
of car parts are allowed at any time.
E.
Except where otherwise allowed by zoning district, contractor's supplies and equipment
or machinery kept for eventual sale, commercial repair, rental or other commercial
purposes may not be stored, kept or otherwise continued on any property within the City.
The keeping, storage or otherwise continuing of such materials within the City is
prohibited and shall be considered to be a non-conforming use if in existence at the
effective date of this Ordinance.
801.20.5:
A.
PARKING AREA LOCATION AND DESIGN:
Construction. All exposed parking areas and driveways shall be surfaced with an allweather, durable and dust-free surfacing material to be approved by the City Engineer,
20-2
shall be well drained and landscaped, and shall be maintained in a sightly and well kept
condition.
B.
Striping and Curbing. All parking areas where four (4) or more spaces are required shall
be marked by durable painted stripes designating the parking spaces unless excepted by
the City Engineer. A continuous curb shall be provided around the periphery of the paved
parking area of the lot, including drives.
C.
Location.
D.
E.
1.
Required accessory off-street parking shall be on the same lot under the same
ownership as the principal use being served, except as provided for under the
provisions of Sections 801.20.8 and 801.20.9.
2.
Except for single, two family, townhouse, quadraminium and manor home
dwellings, head-in parking, directly off of and adjacent to a public street, with
each stall having its own direct access to the public street, shall be prohibited.
3.
The boulevard portion of the street right-of-way shall not be used for parking.
4.
In the case of single family, two family, townhouse, quadraminium, and manor
home dwellings parking shall be prohibited in any portion of the front yard except
designated driveways leading directly into a garage or one (1) open, surfaced
space located on the side of a driveway, away from the principal use. Said extra
space shall be surfaced with concrete or bituminous material.
Setbacks.
1.
Front, side and rear setbacks of at least ten (10) feet from property lines shall be
maintained from parking areas in all zoning districts, except C-4, C-4A and C-4B
Districts. Setbacks of five (5) feet in the C-4, C-4A, and C-4B Districts shall
apply only to those parking areas adjacent to residentially zoned or residentially
used property.
2.
In addition to the setback requirements, off-street parking must be set back fifteen
(15) feet from any street surface.
3.
No area used by motor vehicles other than driveways for ingress to and egress
from the site shall be located within the public street right-of-way.
Design.
1.
Vehicular traffic generated by a use shall be channeled and controlled in a manner
which will avoid congestion or interference with other vehicular transportation
systems or pedestrian traffic and which will avoid creating traffic hazards or
excessive traffic through residential areas. The adequacy of any proposed traffic
20-3
circulation system to accomplish these objectives shall be determined by the City,
which may require such additional measures for traffic control as it may deem
necessary, including but not limited to the following: directional signalization,
channelization, standby turn lanes, sidewalks illumination and other facilities
within the site to prevent a backup of vehicles on public streets.
2.
3.
Parking Stalls.
a.
All parking spaces, except for parallel spaces and compact car stalls, shall
be a minimum of nine (9) feet in width and twenty (20) feet in length,
except a parking stall eighteen (18) feet in length with a two (2) foot
overhang beyond the parking surface may be allowed upon approval of the
City Engineer.
b.
Up to twenty (20) percent of the parking spaces in a parking lot of forty
(40) spaces or more may be permanently marked for compact cars only. A
compact space shall be a minimum of eight (8) feet in width and sixteen
(16) feet in length.
c.
In areas such as parking ramps or similar facilities size requirements may
be determined by the City Engineer.
d.
Parallel parking spaces shall be twenty-three (23) feet in length.
Driveway Standards. Except in the case of single family, two-family, townhouse,
quadraminium, and manor home dwellings minimum driveway and traffic lane
widths shall be developed in compliance with the following standards:
Angle of Pkg.
90 Degree
60 Degree
45 Degree
Traffic Flow Min. Width
Two Way
24 ft.
One Way
18 ft.
One Way
14 ft.
4.
Within Structure. The off-street parking requirement may be furnished by
providing fee free space so designed within the principal building or structures
attached thereto; however, unless provisions are made, no building permit shall be
issued to convert said parking structure into a dwelling unit or living area or other
activity until other adequate provisions are made to comply with the required offstreet parking provisions of this Code. In creating other provisions on-street
parking shall not be used.
5.
Streets Not Used. Except in the case of single, two-family and townhouse
dwellings, parking areas shall be designed so that circulation between parking
bays or aisles occurs within the designated parking lot and does not depend upon
a public street or alley. Except in the case of single, two-family and townhouse
dwellings, parking area design which requires backing into the public street is
20-4
prohibited. Parking spaces in a public right-of-way cannot be utilized in meeting
required off-street parking standards.
6.
Curb Cut Proximity to Intersection. No curb cut or other driveway access shall
be located less than forty (40) feet from the intersection of two (2) or more street
rights-of-way. This distance shall be measured from the intersection of lot lines,
not curb lines.
7.
Curb Cut Maximum. No curb cut access shall exceed twenty-four (24) feet in
width except upon approval by the City Engineer.
8.
Curb Cut Spacing Minimum. Curb cut openings shall be located at a minimum of
ten (10) feet from the side yard lot line in all districts, except for the C-4, C-4A
and C-4B Districts where such setbacks shall apply only to those parking areas
adjacent to residentially zoned or residentially used property.
9.
Curb Cut Separation. Driveway access curb openings on a public street except for
single, two-family and townhouse dwellings shall not be located less than forty
(40) feet from one another except on approval by the City Engineer.
10.
Parking Area Grades. The grade elevation of any parking area or portion thereof
shall not exceed five (5) percent.
11.
Driveway Access Minimum. Each property shall be allowed one (1) driveway
access for each one hundred twenty-five (125) feet of street frontage. All
property shall be entitled to at least one (1) driveway access. Single family uses
shall be limited to one (1) driveway access per lot, except when the property
exceeds the required street frontage per zoning district requirements a second
driveway access may be allowed by approval of the City Engineer. The access of
driveways onto arterial and collector streets is discouraged. However, when such
a use is necessary or approved by the City, a minimum number of driveways shall
be promoted by encouraging joint access through the use of shared curb cuts and
access easements.
12.
Street Access. Except in the case of a planned unit development, each lot shall
have access directly onto an abutting, improved and City accepted public street.
13.
Lighting. Any lighting used to illuminate an off-street parking area shall be so
arranged as to reflect the light away from adjoining property, abutting residential
uses and public rights-of-way and be in compliance with Section 801.16.6 of this
Code.
14.
Signs. No sign shall be so located as to restrict the sight lines and orderly
operation and traffic movement within any parking lot. All signs shall be in
conformance with Section 801.27 of this Ordinance.
20-5
15.
801.20.6:
Sidewalks. Sidewalks shall be provided from apartment parking areas, and
loading zones to the entrance of the building.
SCREENING AND LANDSCAPING:
All exposed parking areas of four (4) or more required spaces shall be landscaped on all
sides. Such screening shall be in conformance with Section 801.18 of this Ordinance and
be approved in advance by the City. Landscaping shall consist of a wall or fence and
plantings or surfacing material shall be provided in all areas bordering the parking area.
No landscaping or screening shall interfere with the drive or pedestrian visibility for
vehicles entering or exiting the premises.
801.20.7:
MAINTENANCE:
A.
It shall be joint and several responsibility of the owner of the principal use (or Lessee, if
there is one ), to use and to maintain in a neat and adequate manner, the parking space,
access way, striping, landscaping, required fences and snow removal.
B.
Snow Storage in Parking Stalls. Provision shall be made in the parking area for adequate
snow storage or removal in order to ensure that the required number of spaces are
available at all times during the year.
C.
Use of Required Area. Required accessory off-street parking spaces in any district shall
not be utilized for open storage, sale or rental of goods, or storage, of inoperable vehicles.
801.20.8:
A.
OFF-STREET PARKING FACILITIES PROVIDED ON A SITE
ELSEWHERE THAN THE PRINCIPAL USE:
When parking is provided on a site other than the lot or tract upon which a principal use
is located, said parking area shall be in the ownership of and remain in the possession of
the owner of the principal use for which it is designated. No authorization for separate
parking facilities shall be given until such time as the City Council is reasonably certain
that the ownership and use of the parking area will continue and that the site will be well
maintained. Off site parking facilities may only be allowed by conditional use permit and
shall be subject to the following conditions:
1.
Ordinance Compliance. Off-site parking shall be developed and maintained in
compliance with all requirements and standards of this Ordinance.
2.
Access. Reasonable improved access from off-street parking facilities to the use
being serviced shall be provided.
3.
Proximity to Multiple Residence. Off-site parking for multiple family dwellings
shall not be located more than one hundred (100) feet from any normally used
entrance of the principal use serviced.
4.
Proximity for Non-Residential Uses. Off-site parking for non-residential uses
shall not be located more than three hundred (300) feet from the main entrance of
20-6
the principal use being served. No more than one (1) main entrance shall be
recognized for each principal building.
801.20.9:
A.
JOINT FACILITIES:
Off-Site Joint Use of Parking. The City Council may, after receiving a report and
recommendation from the Planning Commission, approve a conditional use permit for
one (1) or more uses to provide the required off-street parking facilities by joint use of
one (1) or more sites where the total number of spaces provided are less than the sum of
the total required for each use should they provide them separately. When considering a
request for such conditional use permit, the Planning Commission shall not recommend
that such permit be granted except when the following conditions are found to exist.
1.
Entertainment Uses. Up to fifty (50) percent of the parking facilities required for
a theatre, bowling alley, or bar may be supplied by the off-street parking facilities
provided by types of uses specified as primarily daytime uses in Section
801.20.13, Subd.A.4. below.
2.
Night Time or Sunday Uses. Up to fifty (50) percent of the off-street parking
facilities required for any use specified under (801.20.13, Subd.A.4.) below as
primarily day time uses may be supplied by the parking facilities provided by the
following night time or Sunday uses; auditoriums incidental to a public or
parochial school, churches, bowling alleys, theatres, bars, excluding ones with
restaurants or food services, or apartments.
3.
Schools, Auditorium and Church Uses. Up to eighty (80) percent of the parking
facilities required by this section for a church or an auditorium incidental to a
public or parochial school may be supplied by the off-street parking facilities
provided by uses specified under (801.20.13, Subd.A.4.) below as primarily day
time uses.
4.
Daytime Uses. For the purpose of this section the following uses are considered
as primarily day time uses: banks, business offices, retail stores, personal service
shops, restaurants, service shops, manufacturing, wholesale and similar uses.
5.
Office, Restaurant, Retail, Government, and Multiple Family Residential Uses.
The minimum parking requirement for joint facilities that include office,
restaurant, retail, government and/or multiple family residential uses are
determined by the following calculation:
a.
Land Use
Multiply the minimum parking required for each individual use, by
the appropriate percentage for each of the six (6) designated time
periods, as outlined in the following table:
Midnight
Weekday
7:00 am – 6:00 pm – Midnight
20-7
Weekend
7:00 am 6:00 pm
– 7:00 am
Office
Restaurant
Retail
Government
Multiple
Family
Residential
6.
801.20.10:
A.
6:00 pm
Midnight
– 7:00 am
5%
10%
0%
0%
100%
70%
90%
100%
5%
100%
60%
40%
0%
20%
0%
0%
100%
60%
100%
100%
–
6:00 –
pm
Midnight
10%
0%
70%
100%
100%
60%
40%
25%
75%
100%
b.
Add the resulting sums for each of the six (6) designated time
periods.
c.
The minimum parking requirement shall be the highest sum among the six
(6) designated time periods.
Additional Criteria for Joint Parking. In addition to the preceding requirements,
the following conditions are required for joint parking usage:
a.
Proximity. The building or use for which application is being made to
utilize the off-street parking facilities provided by another building or use
shall be located within three hundred (300) feet of such parking facilities.
b.
Conflict in Hours. The applicant shall show that there is no substantial
conflict in the principal operating hours of the two (2) buildings or uses
for which joint use of off-street parking facilities is proposed.
c.
Written Consent and Agreement. A legally binding instrument, executed
by the parties concerned, for joint use of off-street parking facilities, duly
approved as to title of grantors or lessors, and form and manner of
execution by the City Attorney, shall be filed with the City Clerk and
recorded with the Hennepin County Recorder or Registrar of titles, and a
certified copy of the recorded document shall be filed with the City within
sixty (60) days after approval of the joint parking use by the City.
TRUCK LOADING AREAS, DESIGN AND MAINTENANCE:
Design. Fifty (50) percent of the required number of truck berths shall be fifty (50) feet
in length. All berths shall be no less than twelve (12) feet in width and fourteen (14) feet
in length, exclusive of aisle and maneuvering space. All loading areas shall consist of a
maneuvering area in addition to the berth and shall not use any of that portion of the site
containing parking stalls. Maneuvering areas shall be of such size as to permit the
backing of truck tractors and coupled trailers into a berth, without blocking the use of
other berths, drives or maneuvering areas or on public right-of-way. The construction
and setback standards listed in Section 801.20.9.A and 801.20.9.C also shall apply to all
loading areas.
20-8
B.
Landscaping and Screening of Loading Berths. Loading berths shall be screened from all
property lines. Said screening shall be accomplished by a solid wall or fence and shall be
so designed as to be architecturally harmonious with the principal structure and in
conformance with Section 801.18 of this Ordinance. Screening plantings may be
substituted, provided such plantings are in conformance with Section 801.18 of this
Ordinance.
C.
Location.
1.
Off-Street. All required loading berths for a non-residential use shall be off-street
and located on the same lot as the building or use to be served.
2.
Distance from Intersection. All loading berth curb cuts shall be located at
minimum fifty (50) feet from the intersection of two (2) or more street rights-ofway. This distance shall be measured from the property line.
3.
Distance from Residential Use. No loading berth for a non-residential use shall
be located closer than one hundred (100) feet from a residential district unless
completely within a structure, except on approval by the City Council.
Pedestrians. Loading berths shall not conflict with pedestrian movement.
b.
Visibility. Loading berths shall not obstruct the view of the public rightof-way from off-street parking access.
c.
General Compliance. Loading berths shall comply with all other
requirements of this section.
4.
Traffic Interference. Each loading berth shall be located with appropriate means
of vehicular access to a street or public alley in a manner which will cause the
least interference with traffic.
5.
Accessory Use; Parking and Storage. Any space allocated as a required loading
berth or access drive so as to comply with the terms of these zoning regulations
shall not be used for the storage of goods, inoperable vehicles or snow and shall
not be included as part of the space requirements to meet off-street parking
requirements.
801.20.11:
A.
a.
OFF-STREET PARKING AND LOADING REQUIREMENTS:
Calculating Space.
1.
Floor Area. The term "floor area" for the purpose of calculating the number of
off-street parking spaces required shall be determined based on the Gross Floor
Area minus ten (10) percent, except as may be hereinafter modified.
20-9
B.
2.
Computation. When in the process of determining the required number of offstreet parking spaces, there occurs a fraction of a space, such fraction shall be
deemed as the requirement for an additional parking space. Parking spaces shall
not be counted toward meeting a parking requirement when they are sufficiently
inconvenient to be of questionable use.
3.
Places of Public Assembly. In stadiums, sports arenas, churches and other places
of public assembly in which patrons or spectators occupy benches, pews or other
similar seating facilities, each eighteen (18) inches of such seating facilities shall
be counted as one (1) seat for the purpose of determining requirements.
4.
More than One Use. Except for a shopping center, should a structure contain two
(2) or more types of uses, the Gross Floor Area of each use shall be calculated and
a ten (10) percent reduction shall be made for non-productive space. The
resulting net usable floor space figure shall be utilized to determine the off-street
parking requirement.
The minimum number of off-street parking and loading spaces for each use shall be as
follows:
Use
1.
Animal Hospitals or
Kennels
2.
Auditoriums,
Theaters, Religious
Institutions
3.
Automobile Car
Washes
4.
Automatic Drive
Through Service
5.
Self-Service Car
Wash
Number of Parking Spaces
Required
Six (6) spaces plus one (1)
for each 200 sq. ft. of floor
area over 10,000 sq. ft.
One (1) space for each three
(3) permanent seats based on
the design capacity of the
main assembly hall. Facilities
as may be provided in
conjunction with such
buildings or uses shall be
subject to additional
requirements which are
imposed by this Code.
Shall be determined by the
type of car wash plus
recommended stacking
spaces as determined under
801.20.11.B.4 of this Section
Two (2) spaces for each bay
plus stacking equivalent to
five (5) spaces for each bay.
Four (4) spaces per bay.
20-10
Off-St. Loading Spaces
Required
One (1) space per
structure
One (1) space for each
structure with over
100,000 sq. ft. of gross
floor area
One (1) space per facility
One (1) space per facility
One (1) space per facility
6.
7.
Motor Fuel Station
Car Wash
Automobile Service
Stations
8.
Beauty of Barber
Shops
9.
Boat and Marine
Sales
10.
Boating Marinas and
Yacht Clubs
Bowling Alleys
11.
12.
Community Center,
Physical Culture
Studio, Libraries,
Museums
13.
Drive-in
Convenience Food
Establishment
14.
Drive-in Banks
One (1) space in addition to
that required for the station.
Five (5) spaces plus three (3)
spaces for each service stall.
Those facilities designed for
sale of other items than
strictly automobile products,
parts or service shall be
required to provide additional
parking in compliance with
other applicable sections of
this Code.
Two (2) spaces for each
working station, plus two (2)
spaces for each (3)
employees.
One (1) space for each 400
sq. ft. of floor area for the
first 25,000 sq. ft., plus one
(1) space for each 600 sq. ft.
thereafter.
Seven (7) spaces for each ten
(10) boat or mooring spaces.
Five (5) spaces for each lane
or alley, plus additional
spaces as may be required
herein for related uses
contained within the
principal structure.
Ten (10) spaces plus one (1)
space for each 150 square
feet in excess of 2,000 sq. ft.
of floor area in the principal
structure.
One (1) space for each fifteen
(15) sq. ft. of service floor
area, one (1) space for each
eighty (80) sq. ft. of kitchen
floor area and one (1) space
for each forty (40) sq. ft. of
seating floor area, but not
less than fifteen (15) spaces,
plus two (2) spaces per drivethru window.
One (1) space for every 350
sq. ft. of floor area plus
20-11
N.A. in addition to that
required for the station.
One (1) space
N.A.
One (1) space, plus one
(1) additional space for
each 25,000 sq. ft. of
gross floor area
One (1) space for each
20,000 square feet.
One (1) space for each
structure with over
20,000 sq. ft. of gross
floor area
One (1) space for each
structure with over
100,000 sq. ft. of gross
floor area.
One (1) space
One (1) space for
buildings between
stacking requirements
determined under 715.31 of
this section.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Furniture Sales
One (1) space for each 400
sq. ft. of floor area for the
first 25,000 sq. ft., plus one
(1) space for each 600 sq. ft.
thereafter.
Group Day Care
One (1) space for each
Centers
employee, plus one (1) space
for each four (4) children.
Housing for the
One (1) space for each one
Elderly
and one-half (1.5) dwelling
units.
Manufacturing
One (1) space for each
employee on the major shift
or one (1) space for each 300
sq. ft., whichever is greater.
Medical or Dental
Six (6) spaces for each doctor
Offices or Clinics
or dentist
Motels, Hotels,
One (1) space per Lodging
Lodging or Boarding unit, plus spaces equal to
Houses
25% capacity of any club or
lodge.
Multiple Family
Two (2) fee free spaces for
Dwellings,
each living unit, of which one
Townhouses
(1) is to be enclosed.
Nursing Homes,
One (1) space for each four
Rest Homes
(4) beds.
Office Buildings and
Professional Offices,
Other than Any Area
for Doctors or
Dentists; Banks,
Public
Administration
Offices.
Private or Private
Non-Profit Baseball
Fields, Stadiums
Three (3) spaces for each
1,000 sq. ft. of floor area.
Restaurants, Private
15.2 spaces for each 1,000
One (1) space for each eight
(8) seats of design capacity.
20-12
30,000 sq. ft. and
100,000 sq. ft. in gross
floor area, plus one (1)
space for each additional
100,000 sq. ft.
One (1) space plus one
(1) additional space for
each 25,000 sq. ft. of
gross floor area.
One (1) space
One (1) space
One (1) space for each
50,000 sq. ft. of gross
floor area.
One (1) space per
building
One (1) space per
building
One (1) space for each
multiple family building
over four (4) units.
One (1) space plus one
(1) additional space each
100,000 sq. ft. of gross
floor area.
One (1) space for
buildings between
10,000 sq. ft. and
100,000 sq. ft. in gross
floor area, plus one (1)
space for each additional
100,000 sq. ft.
One (1) space for each
structure with over
100,000 sq. ft. of gross
floor area.
One (1) space for each
26.
27.
28.
Clubs, Lodges, Food
Dispensing
Establishments
(Except Drive-In
Restaurants)
Retail Commercial
Uses, Except as
Prescribed Herein.
Retail Sales and
Service Business
With Fifty Percent
or More of Gross
Floor Area Devoted
to Storage,
Warehouses and/or
Industry
School, Elementary
and Junior High,
(Public or Private)
sq. ft. of floor area
10,000 sq. ft. of gross
floor area.
Three (3) spaces for each
1,000 sq. ft. of floor area
One (1) space for the
first 10,000 sq. ft. of
gross floor area, plus one
(1) space for each
additional 50,000 sq. ft.
Eight (8) spaces or one (1)
One (1) space for the
space for each two hundred
first 10,000 sq. ft. of
(200) sq. ft. devoted to public gross floor area, plus (1)
sales or service plus one (1)
space for each additional
space for each five hundred
50,000 sq. ft.
(500) sq. ft. of storage area.
One (1) space for each
classroom plus one (1) space
for each fifty (50) student
capacity. Adequate space
shall be allowed for the
dropping off and/or picking
up of students as determined
by the City Council.
One (1) space for each
structure with over
100,000 sq. ft. of gross
floor area.
29.
School, High School
(Public or Private)
One (1) space for each five
(5) students based on design
capacity. Adequate space
shall be allowed for the
dropping off and/or picking
up of students as determined
by the City Council.
One (1) space for each
structure with over
100,000 sq. ft. of gross
floor area.
30.
Shopping Center
One (1) space for each one
hundred fifty (150) sq. ft. of
floor area.
31.
Single Family, TwoFamily Dwellings
Warehousing
Two (2) spaces per family
unit.
One (1) space for each 1,000
One (1) space or the first
ten thousand (10,000) sq.
ft. of gross leasable area
plus one (1) space for
each additional fifty
thousand (50,000) sq. ft.
or part thereof.
N.A.
32.
20-13
Determined by the
33.
34.
35.
C.
Micro-production
Facility
Taproom/Tasting
Room
Brewpub
Zoning Administrator
Non-Specified Uses. For uses not specifically listed above, off-street parking and loading
requirements shall be computed by the Zoning Administrator on the same basis as
required for the most similar listed uses. (N.A. = Not Applicable).
801.20.12:
A.
sq. ft. of floor area. That
space which is solely used as
office shall comply with the
office use.
One (1) space for each 1,000
sq. ft. of floor area
One (1) space for each forty
(40) sq. ft. of floor area.
One (1) space for each 1,000
sq. ft. of Micro-brewing
production floor area; one (1)
space for each forty (40) sq.
ft. of floor area of dining and
bar area; and one (1) space
for each eighty (80) sq. ft. of
floor area of kitchen area.
C-4, C-4A AND C-4B PARKING REQUIREMENTS:
Within the C-4, C-4A and C-4B Zoning Districts, the City may approve development and
uses which do not comply with the required number of parking spaces as a conditional
use permit, provided that:
1.
A development agreement running with the land is completed in which it is
agreed that the property in question is financially responsible for its proportionate
share of the City sponsored and provided parking space construction,
maintenance, and parking site acquisition for new on-street, lot and/or ramp
parking. Said responsibility shall be determined on the basis of the property's
parking space shortage based upon ordinance requirements, in relationship to the
total parking space shortage, as defined by Section 801.20 for a defined service
and benefit area. The "service and benefit area" shall include all properties which
benefit from the available public parking serving a particular retail and
commercial neighborhood or district.
2.
The amount of parking provided on the property in question is the maximum
amount possible, taking into account the use and design objectives of the C-4, C4A and C-4B Districts as outlined by this Ordinance and the Comprehensive Plan.
3.
The parking shortages created by the development are not premature or in excess
of the supply which can be provided by the City through a public parking system
on a long term basis.
20-14
4.
801.20.13:
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
SPACE REDUCTIONS.
A.
If warranted by unique characteristics or documented parking demand, the City may
allow reductions in the number of parking spaces actually constructed at the time of site
development or occupancy of a building, as long as the property owner provides a proof
of parking plan. The proof of parking plan must provide the location for all minimum
required parking spaces in conformance with this Ordinance. The City may require
installation of the additional parking spaces in the proof of parking plan whenever the
need arises.
B.
Subject to the review and processing of a variance as regulated by Section 801.05 of this
Ordinance, the City may reduce the number of required off-street parking spaces and/or
loading spaces when the use can demonstrate in documented form a need which is less
than required. In such situations, the City may require land to be reserved for parking
development should use or needs change.
20-15
SECTION 21
BUILDING RELOCATION
Section 801.21:
801.21.1:
801.21.2:
801.21.3:
801.21.4:
801.21.1:
Review Process
Performance Standards
Occupancy
Performance Security
REVIEW PROCESS:
The relocation of any building or structure on a lot or onto another lot within the City
shall be subject to review and approval through the conditional use permit process.
801.21.2:
PERFORMANCE STANDARDS:
A.
Upon relocation, the building shall comply with the applicable requirements of the State
Building Code.
B.
The proposed relocated building shall comply with the character of the neighborhood in
which it is being relocated as determined by the City Council.
C.
The relocated use will not result in a depreciation of neighborhood or adjacent property
values.
D.
The relocated structure shall be similar to the market valuation of adjacent principal
structures as determined by the City Assessor.
801.21.3:
OCCUPANCY:
The relocated structure shall be ready for occupancy within eight (8) months from the
date of location on the site.
801.21.4:
PERFORMANCE SECURITY:
A performance security shall be provided to the City as specified in Section 801.04.7 of
this Ordinance.
21-1
SECTION 22
SITE/BUILDING PLAN REVIEW
Section 801.22:
801.22.1:
801.22.2:
801.22.3:
801.22.4:
801.22.5:
801.22.1:
Purpose
Plan Required
Plan Review/Approval
Plan Agreements
Enforcement
PURPOSE:
The purpose of this Section is to establish a formal plan review procedure and provide
regulations pertaining to the enforcement of site design and construction standards as
agreed to by the contractor through his officially submitted plan documents.
801.22.2:
PLAN REQUIRED:
In addition to other plan requirements outlined in this Ordinance, site and construction
plans will be require and shall be submitted to and approved by the Building Official
prior to the issuance of any building permit.
801.22.3:
PLAN REVIEW/APPROVAL:
Except in the case of individual single family uses and minor projects, additions or
alterations as determined by the Zoning Administrator and all building and site plans as
specified by Section 801.09 of this Ordinance shall be subject to review by the Planning
Commission and approval by the City Council.
801.22.4:
PLAN AGREEMENTS:
All site and construction plans officially submitted to the City shall be treated as a formal
agreement between the building contractor and the City. Once approved, no changes,
modifications or alterations shall be made to any plan detail, standard or specifications
without prior submission of a plan modification request to the Building Official for his
review and approval.
801.22.5:
ENFORCEMENT:
The Building Official shall have the authority to order the stopping of any and all site
improvement activities, when and where a violation of the provisions of this Section has
been officially documented by the Building Official.
22-1
SECTION 23
HOME OCCUPATIONS
Section 801.23:
801.23.1:
801.23.2:
801.23.3:
801.23.4:
801.23.5:
801.23.6:
801.23.1:
Purpose
Application
Procedures and Permits
Requirement-General Provisions
Non-Conforming Use
Inspection
PURPOSE:
The purpose of this Section is to maintain the character and integrity of residential areas
and to provide a means through the establishment of specific standards and procedures by
which home occupations can be conducted in residential neighborhoods without
jeopardizing the health,safety and general welfare of the surrounding neighborhood. In
addition, this Section is intended to provide a mechanism enabling the distinction
between permitted home occupations and special or customarily "more sensitive" home
occupations, so that permitted home occupations may be allowed through an
administrative process rather than a legislative hearing process.
801.23.2:
APPLICATION:
Subject to the non-conforming use provision of this Section, all occupations conducted in
the home shall comply with the provisions of this Section.
801.23.3:
PROCEDURES AND PERMITS:
A.
Permitted Home Occupation. Any permitted home occupation as defined in this
Ordinance shall require a "permitted home occupation permit". Such permits shall be
issued subject to the conditions of this Section, other applicable City Ordinances and
State law. This permit may be issued by the Zoning Administrator or his agent based
upon proof of compliance with the provisions of this Section. Application for the
"permitted home occupation permit" shall be accompanied by a fee as adopted by the
City Council. If the Zoning Administrator denies a permitted home occupation permit to
an applicant, the applicant may appeal the decision to the Planning Commission. The
Planning Commission shall make a recommendation to the Council, which shall make the
final decision. The permit shall remain in force and effect until such time as there has
been a change in conditions or until such time as the provisions of this Section have been
breached. At such time as the City has reason to believe that either event has taken place,
a public hearing shall be held before the Planning Commission. The City Council shall
make a final decision on whether or not the permit holder is entitled to the permit.
B.
Special Home Occupation. Any home occupation which does not meet the specific
requirements for a permitted home occupation as defined in this Section shall require a
"special home occupation permit" which shall be applied for, reviewed and disposed of in
accordance with the procedural provisions of Section 801.04 of this Ordinance.
23-1
C.
Declaration of Conditions. The Planning Commission and City Council may impose
such conditions on the granting of a special home occupation permit as may be necessary
to carry out the purpose and provisions of this Section.
D.
Effect of Permit. A "special home occupation permit" may be issued for a period of one
(1) year after which the permit may be reissued for periods of up to three (3) years each.
Each application for permit renewal shall, however, be processed in accordance with the
procedural requirements of the initial "special home occupation permit".
E.
Transferability. Permits shall not run with the land and shall not be transferable.
F.
Lapse of Special Home Occupation Permit by Non-Use. Whenever within one (1) year
after granting a permit the use as permitted by the permit shall not have been initiated,
then such permit shall become null and void unless a petition for extension of time in
which to complete the work has been granted by the City Council. Such extension shall
be requested in writing and filed with the Zoning Administrator at least thirty (30) days
before the expiration of the original permit. There shall be no charge for the filing of
such petition. The request for extension shall state facts showing a good faith attempt to
initiate the use. Such petition shall be presented to the Planning Commission for a
recommendation and to the City Council for a decision.
G.
Reconsideration. Whenever an application for a permit has been considered and denied
by the City Council, a similar application for a permit affecting substantially the same
property shall not be considered again by the Planning Commission or City Council for at
least six (6) months from the date of its denial unless a decision to reconsider such
matters is made by not less than four-fifths (4/5) vote of the entire City Council.
H.
Renewal of Permits. An applicant shall not have a vested right to a permit renewal by
reason of having obtained a previous permit. In applying for and accepting a permit, the
permit holder agrees that his monetary investment in the home occupation will be fully
amortized over the life of the permit and that a permit renewal will not be needed to
amortize the investment. Each application for the renewal of a permit will be considered
de novo without taking into consideration that a previous permit has been granted. The
previous granting or renewal of a permit shall not constitute a precedent or basis for the
renewal of a permit.
801.23.4:
REQUIREMENT-GENERAL PROVISIONS:
All home occupations shall comply with the following general provisions and according
to definition, the applicable requirement provisions.
A.
General Provisions.
1.
No home occupation shall produce light glare, noise, odor or vibration that will
in any way have an objectionable effect upon adjacent or nearby property.
2.
No equipment shall be used in the home occupation which will create electrical
interference to surrounding properties.
3.
Any home occupation shall be clearly incidental and secondary to the residential
use of the premises, should not change the residential character thereof, and shall
result in no incompatibility or disturbance to the surrounding residential uses.
4.
No home occupation shall require internal or external alterations or involve
construction features not customarily found in dwellings except where required
to comply with local and state fire and police recommendations.
23-2
B.
C.
5.
There shall be no exterior storage of equipment or materials used in the home
occupation, except personal automobiles used in the home occupation may be
parked on the site.
6.
The home occupation shall meet all applicable fire and building codes.
7.
There shall be no exterior display or exterior signs or interior display or interior
signs which are visible from outside the dwelling with the exception of
directional and identification/business signs to the extent authorized by Section
801.27 of this Ordinance.
8.
All home occupations shall comply with the provisions of the City Nuisance
Ordinance.
9.
No home occupation shall be conducted between the hours of 10:00 PM and 7:00
AM unless said occupation is contained entirely within the principal building and
will not require any on-street parking facilities.
10.
No commodity shall be sold on the premises.
11.
Not over twenty-five (25) percent of any one story can be used for a home
occupation.
Requirements-Permitted Home Occupations.
1.
No person other than those who customarily reside on the premises shall be
employed.
2.
The general public shall not come to the premises in question for purposes
pertaining to the conduct of the home occupation.
3.
All permitted home occupations shall be conducted entirely within the principal
dwelling and may not be conducted in accessory building.
Requirements-Special Home Occupation.
1.
No person other than a resident shall conduct the home occupation.
2.
Special home occupations shall be limited to only those activities of a nonresidential nature which are specified as allowed by state statute or regulation
such as day care group nursery.
3.
Special home occupations may be allowed to accommodate their parking demand
through utilization of on-street parking. In such cases where on-street parking
facilities are necessary, however, the City Council shall maintain the right to
establish the maximum number of on-street spaces permitted and increase or
decrease that maximum number when and where changing conditions require
additional review.
801.23.5:
NON-CONFORMING USE:
Existing home occupations lawfully existing on the date of this Ordinance may continue
as non-conforming uses. They shall, however, be required to obtain permits for their
continued operation. Any existing home occupation that is discontinued for a period of
more than thirty (30) days, or is in violation of the Ordinance provisions under which it
was initially established, shall be brought into conformity with the provisions of this
Section.
23-3
801.23.6:
INSPECTION:
The City of Wayzata hereby reserves the right upon issuing any home occupation permit
to inspect the premises in which the occupation is being conducted to insure compliance
with the provisions of this Section or any conditions additionally imposed.
23-4
SECTION 24
DAY CARE NURSERY FACILITIES
Section 801.24:
801.24.1:
801.24.2:
801.24.3:
801.24.4:
801.24.5:
801.24.6:
801.24.7:
801.24.1:
Purpose
Application
Declaration of Conditions
Site Plan Drawing Necessary
General Provisions
Non-Conforming Use
Inspection
PURPOSE:
The regulation of day care nursery facilities in these zoning regulations is to establish
standards and procedures by which day care facilities can be conducted within the City
without jeopardizing the health, safety and general welfare of the day care participants
and/or the surrounding neighborhood. This Section establishes the City's minimum
requirements for the establishment of a day care facility which are not defined as
permitted uses by State Statute or which are operated in uses other than single family
homes. Day care facilities other than those defined permitted uses by State Statutes
which operate in a single family dwelling as an accessory use shall be subject to Section
801.23 of this Ordinance and processed as a home occupation.
801.24.2:
APPLICATION:
Day care nursery facilities shall be considered a conditional use within all the zoning
districts of the City and shall be subject to the regulations and requirements of Section
801.04 of this Ordinance. In addition to the City regulation, all day care facility
operations shall comply with the minimum requirements of the Minnesota Department of
Welfare regulations, as may be amended.
801.24.3:
DECLARATION OF CONDITIONS:
The Planning Commission and Council may impose such conditions on the granting of a
day care facility conditional use permit as may be necessary to carry out the purpose and
provisions of this Section.
801.24.4:
SITE PLAN DRAWING NECESSARY:
All applications for a day care facility conditional use permit shall be accompanied by a
site plan drawn to scale and dimensioned, displaying the information required by Section
801.04 of this Ordinance.
801.24.5:
GENERAL PROVISIONS:
Day care facilities shall be allowed as a principal use or as an accessory use, provided
that the day care facilities meet all the applicable provisions of this Section.
24-1
A.
Lot Requirements and Setbacks, Principal Use. The proposed site for a day care facility
as a principal use shall have a minimum lot area as determined by the Minnesota
Department of Welfare. The City Council may increase the required lot area in those
cases where such an increase is considered necessary to ensure compatibility of activities
and maintain the public health, safety and general welfare. The day care facility shall
meet the setback requirements of the respective zoning district.
B.
Lot Requirements and Setbacks, Accessory Use. The site of the proposed day care
facility as an accessory use shall meet all area and setback provisions of the respective
zoning district in which the facility is to be located.
C.
Sewer and Water. All day care facilities shall have access to municipal sewer and water
or have adequate private sewer and water to protect the health and safety of all persons
who occupy the facility.
D.
Screening. Where the day care facility is in or abuts any commercial or industrial use or
zoned property, the day care facility shall provide screening along the shared boundary of
such uses. All of the required fencing and screening shall comply with the fencing and
screening requirements of Section 801.18 of this Ordinance.
E.
Parking.
1.
There shall be adequate off-street parking which shall be located separately from
any outdoor play area and shall be in compliance with Section 801.20 of this
Ordinance. Parking areas shall be screened from view of surrounding and
abutting residential uses in compliance with Section 801.18 of this Ordinance.
2.
When a day care facility is an accessory use within a structure containing another
principal use, each use shall be calculated separately for determining the total
off-street parking spaces required.
F.
Loading. One off-street parking space in compliance with Section 801.20 of this
Ordinance shall be provided.
G.
Signage. All signing and informational or visual communication devices shall be in
compliance with Section 801.27 of this Ordinance.
H.
Compliance with State Requirements. The structure and operation shall be in compliance
with State of Minnesota, Department of Human Services Regulations and be licenses
accordingly.
801.24.6:
NON-CONFORMING USE:
Existing day care facilities lawfully existing on the effective date of this Ordinance may
continue as non-conforming uses. They shall, however, be required to obtain permits for
their continued operation. Any existing day care facility that is discontinued for a period
of more than one hundred eighty (180) days, or is in violation of the provisions of this
Ordinance under which it was initially established, shall be brought into conformity with
the provisions of this Section.
801.24.7:
INSPECTION:
At any and all reasonable hours, with or without notice, the City hereby reserves the right
upon issuing any day care facility conditional use permit to inspect the premises in which
24-2
the occupation is being conducted to insure compliance with the provisions of this
Section or any conditions additionally imposed.
24-3
SECTION 25
BED AND BREAKFAST AND INN ESTABLISHMENTS
Section 801.25
801.25.1:
801.25.2:
801.25.3:
801.25.1:
Purpose
Provisions of Bed and Breakfast Establishments
Provisions of Inn Establishments
PURPOSE:
The purpose of this Section is to establish performance standards for Bed and Breakfast
Establishments and Inn Establishments that provide temporary accommodations on an
ongoing basis within residential and commercial areas.
801.25.2:
A.
PROVISIONS OF BED AND BREAKFAST ESTABLISHMENTS:
BED AND BREAKFAST ESTABLISHMENT DISTRICT APPLICATION. Bed
and Breakfast Establishments shall require conditional use permit approved in
accordance with Section 801.04 of the Zoning Ordinance.
Bed and Breakfast Establishments shall be limited to the following zoning districts:
1.
R-1 Low Density Single Family District
2.
R-1A Low Density Single Family Estate District
3.
R-2 Medium Density Single Family District
4.
R-2A Single Family Residential District
5.
R-3 Single and Two Family Residential District
6.
R-3A Single and Two Family Residential District
B.
CONDITIONS OF APPROVAL FOR A BED AND BREAFAST
ESTABLISHMENT. In addition to the standards and criteria provided in Section 801.04
of this Ordinance, the following additional standards shall apply to Bed and Breakfast
Establishments:
1.
Guest stays shall be limited to fourteen (14) consecutive days.
2.
No food preparation or cooking facilities shall be conducted within any of the
guestrooms.
3.
The Establishment operator shall carry liability insurance, and shall provide
proof of such insurance to the City annually.
4.
The exterior appearance of the structure shall not be altered from its single family
design.
5.
Bed and Breakfast Establishments in residential zoning districts shall be located
at least six hundred (600) feet apart.
25-1
6.
The Establishment shall have a State issued license for lodging and food service,
and comply with and maintain all health safety, building, and fire codes as may
be required or applicable.
7.
The primary owner-occupant shall be in residence of the residential property or
on an adjacent property proposed for the Bed and Breakfast Establishment.
8.
All Bed and Breakfast units shall be established within the principal structure, or
the principal and accessory structures in the case of a property zoned R-1 or R1A.
9.
Dining and other facilities shall not be open to the general public, but shall be
used exclusively by the registered guests and residents, or guests of a meeting or
event held at the Establishment.
10.
Two (2) off-street parking spaces shall be provided for the Establishment plus
one (1) for each Bed and Breakfast unit. Parking areas shall be screened and
landscaped and no parking space shall be located in the front yard of the
property, other than on an existing driveway. The parking areas shall be
improved with a dust-free surface.
11.
No more than one (1) exterior identification sign not exceeding six (6) square
feet in area may be located on the premises. The sign must match the
architectural features of the structure. No window signage shall be allowed for
Bed and Breakfast Establishments.
12.
Adequate lighting shall be provided between the principal structure and the
parking area for the safety of guests. All external lighting shall be regulated by
conditional use permit and shall be downward-facing to reduce glare to adjacent
properties.
13.
The Establishment shall maintain a guest register open to inspection by the City.
14.
All Bed and Breakfast conditional use permits shall be reviewed annually by the
Building Inspection and Planning Departments. If violations of City ordinances,
Building Code, or conditions of approval are found, the Zoning Administrator
shall schedule a public hearing of the Planning Commission to consider the
conditional use permit and conditions.
Upon a Planning Commission
recommendation, the City Council may make modifications to or cancel the
conditional use permit.
15.
The Planning Commission and the City Council reserve the right to review the
conditional use permit annually and either continue or modify the conditions of
the permit, for at least a period of five (5) years after approval.
16.
The Planning Commission and the City Council reserve the right to terminate the
conditional use permit any time the owner fails to adhere to the standards or
conditions established by this section or contained in the conditional use permit.
17.
All Bed and Breakfast Establishments shall obtain a bed and breakfast license
from the City of Wayzata prior to commencing operation. Licenses shall be
renewed annually to ensure that all provisions of initial approval are satisfied.
25-2
18.
All Bed and Breakfast Establishments shall be inspected annually by the City
Building Inspections Department and shall conform with all applicable sections
of the State Building Code.
19.
The provisions of Section 801.04 of this Ordinance are considered and
satisfactorily met.
20.
A maximum of five (5) bed and breakfast units may be established within a
principal residential structure. The following lot size criteria determines the
number of guestrooms allowed:
801.25.03:
A.
Original Number
of Bedrooms
Max. Number of
Guestrooms
Permitted
2
3
4
5
6
1
2
3
4
5
Max. Number of
Guest Rooms
Permitted If
Owner Lives
Adjacent to
Structure
2
3
4
5
6
Min. Zoning Lot
Area in Square
Feet
Up to 9,000
9,000 – 14,999
15,000 – 24,999
25,000 – 39,999
40,000 and
greater
PROVISIONS OF INN ESTABLISHMENTS:
INN ESTABLISHMENT DISTRICT APPLICATION. Inn Establishments shall
require a conditional use permit approved in accordance with Section 801.04 of the
Zoning Ordinance.
Inn Establishments shall be limited to the following zoning districts:
1.
R-5 Average Density Multiple Residential District
2.
C-1 Office and Limited Commercial District
3.
C-1A Neighborhood Office and Limited Commercial District
4.
C-2 Shopping Center Business District
5.
C-3 Service District
6.
C-4 Central Business District
7.
C-4A Limited Central Business District
8.
C-4B Central Business District
9.
INS Institutional District
B.
CONDITIONS OF APPROVAL FOR AN INN ESTABLISHMENT. In addition to
the standards and criteria provided in Section 801.04 of this Ordinance, the following
additional standards shall apply to Inn Establishments:
1.
No food preparation or cooking facilities shall be conducted within any of the
guestrooms.
25-3
2.
The Establishment operator shall carry liability insurance, and shall provide
proof of such insurance to the City annually.
3.
Inn Establishments in all zoning districts shall be located at least six hundred
(600) feet apart.
4.
The Establishment shall have a State issued license for lodging and food service,
and comply with and maintain all health safety, building, and fire codes as may
be required or applicable.
5.
All Inn units shall be established within the principal structure.
6.
Dining and other facilities may be open to the general public.
7.
Two (2) off-street parking spaces shall be provided for the Establishment plus
one (1) for each Inn unit. Parking areas shall be screened and landscaped and no
parking space shall be located in the front yard of the property, other than on an
existing driveway. The parking areas shall be improved with a dust-free surface.
8.
No more than one (1) exterior identification sign not exceeding twelve (12)
square feet in area may be located on the premises. The sign must match the
architectural features of the structure. No window signage shall be allowed for
Inn Establishments.
9.
Adequate lighting shall be provided between the principal structure and the
parking area for the safety of guests. All external lighting shall be regulated by
conditional use permit and shall be downward-facing to reduce glare to adjacent
properties.
10.
The Establishment shall maintain a guest register open to inspection by the City.
11.
All Inn conditional use permits shall be reviewed annually by the Building
Inspection and Planning Departments. If violations of City ordinances, Building
Code, or conditions of approval are found, the Zoning Administrator shall
schedule a public hearing of the Planning Commission to consider the
conditional use permit and conditions.
Upon a Planning Commission
recommendation, the City Council may make modifications to or cancel the
conditional use permit.
12.
The Planning Commission and the City Council reserve the right to review the
conditional use permit annually and either continue or modify the conditions of
the permit.
13.
The Planning Commission and the City Council reserve the right to terminate the
conditional use permit any time the owner fails to adhere to the standards or
conditions established by this section or contained in the conditional use permit.
14.
All Inn Establishments shall obtain Inn Operations license from the City of
Wayzata prior to commencing operation. Licenses shall be renewed annually to
ensure that all provisions of initial approval are satisfied.
25-4
15.
All Inn Establishments shall be inspected annually by the City Building
Inspections Department and shall conform with all applicable sections of the
State Building Code.
16.
The provisions of Section 801.04 of this Ordinance are considered and
satisfactorily met.
17.
A maximum of ten (10) Inn units may be established within a principal structure.
25-5
SECTION 26
(RESERVED FOR FUTURE USE)
SECTION 27
SIGNS
SECTION 27:
801.27.01:
801.27.02:
801.27.03:
801.27.04:
801.27.05:
801.27.06:
801.27.07:
801.27.08:
801.27.09:
801.27.10:
801.27.11:
Purpose
Permit Required
Permit Fees
Application Procedures
General Sign Provisions
Prohibited Signs
Allowable Signs
Permitted Signs
Additional Sign Performance and Standards
Non-Conforming Signs
Abatement
801.27.01:
PURPOSE:
The purpose of this Section is to protect and promote the general welfare, health, safety
and order within the City through the establishment of a comprehensive and impartial
series of standards, regulations or symbols serving as visual communicative media. The
provisions of this Section are intended to encourage creativity, a reasonable degree of
freedom of choice, an opportunity for effective communication, and a sense of concern
for visual amenities on the part of those designing, displaying or otherwise utilizing
needed communicative media of the types regulated by this Section, while at the same
time assuring that the public is not endangered, annoyed or distracted by the unsafe,
disorderly, indiscriminate or unnecessary use of such communicative facilities.
801.27.02:
PERMIT REQUIRED:
Except as otherwise provided in this Section, no person shall erect, maintain, repair, or
alter or relocate within the City any sign as defined herein without first having been
issued an appropriate permit therefore and having paid the appropriate permit fee.
801.27.03:
PERMIT FEES:
The fees which shall be charged for permanent and temporary signs and for sign repair or
copy replacement under this Section shall be in accordance with the fee schedule as
determined by resolution of the City Council.
801.27.04:
APPLICATION PROCEDURES:
Each application for a permit under this Section shall be submitted to the City Manager
or designee on forms provided by the City and shall include, but not be limited to, the
following information:
A.
The name, address and telephone number of the person for whom the sign is being
erected, plus the name, address and telephone number of the applicant and the property
owner.
27-1
B.
The location and dimensions of the building, structure or lot to which, or upon which, the
sign is to be attached or erected.
C.
A site plan showing the positioning and height of the sign(s) or other advertising
structures in relation to all nearby existing or proposed buildings, structures and property
lines, lighting details, a table of the proposed gross sign area for each sign and the total
proposed sign area.
D.
Two blueprints or ink drawings of the plans and specifications for the sign, its method of
construction and its attachment to the building or in the ground.
E.
When a, monument or free-standing sign is to exceed ten (10) feet in height, two certified
and sealed sets of stress sheets and calculations shall be submitted by a structural
engineer licensed by the State of Minnesota attesting that the structure is designed for
dead load and wind pressure in any direction as required to meet sound engineering
principles.
F.
The name of the person, firm, corporation or association erecting the structure.
G.
Such other information as the City Manager or designee requires to show full compliance
with this and all other laws and ordinances of the City.
H.
If the work authorized under a permit has not been completed within six (6) months after
the date of its issuance, said permit shall become null and void.
801.27.05:
GENERAL SIGN PROVISIONS:
All signs within the City of Wayzata shall be subject to the following general regulations:
A.
Sign owners shall be required to maintain the appearance of the ground around all signs
detached from buildings and to landscape where possible.
B.
Sign owners at the direction of the City Building Official, shall be required to repair or
remove any sign which becomes unsafe, insecure, unsightly, defaced or a danger to the
public. Sign maintenance shall be the responsibility of the underlying fee owner.
C.
The property owner shall be required to correct/remove a sign upon change of occupancy
with the correct information. In no event shall a property owner maintain an incorrect or
non-current sign message beyond a one (1) month period.
D.
No sign or sign structure shall be placed on or extend into the public right-of-way or
protrude over any sidewalk, except for wall, canopy, awning, projecting, and marquee
signs. All signs located over such areas shall be in accordance with the awning
regulations provided in Chapter 315 of the Wayzata City Code.
E.
The top edge of any wall or building mounted sign or object intended as an attention
attracting device shall not extend above the roof line, parapet, or facade of the building to
which it is attached.
F.
The construction of all signs permitted under this Section, unless otherwise stated herein,
shall be in conformance with the provisions of the Uniform Sign Code published by the
International Conference of Building Officials, 1997 Edition which is hereby adopted by
reference and made a part of this Section.
G.
The installation of electrical signs shall be subject to the State's Electrical Code.
Electrical service to freestanding signs shall be underground.
27-2
H.
No sign shall be artificially illuminated in such a way that produces a broadcast of glare
or light beyond the sign. In no case shall a shadow exist producing an outline of the sign
on the ground or against a building either on or off site. All illumination of
identification signs in residential districts shall be indirect. Artificially illuminated signs
shall also be shielded to prevent lights from being directed at oncoming traffic in such
brilliance that it impairs the vision of the driver. Nor shall such signs interfere with or
obscure an official traffic sign or signal. This includes indoor signs which are visible
from public streets.
I.
Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian
traffic. No private sign shall contain words which might be construed as traffic controls,
such as "stop, "caution", "warning", unless the sign is intended to direct traffic on the
premises.
J.
No signs, stays or attachments shall be erected, placed or maintained on rocks, fences or
trees nor interfere with any electric light, power, telephone or telegraph wires or the
supports thereof, nor be located within a drainage or utility easement.
K.
No sign or sign structure shall be erected or maintained that 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.
L.
No sign shall be attached to or be allowed to hang from any building until all necessary
wall and roof attachments have been approved by the City Building Official.
M.
No sign shall be placed in a sight visibility triangle unless it is in accordance with the
regulations as established in this Ordinance.
N.
Except for civic and holiday events as authorized by the City Council, the use of banners,
posters, pennants, ribbons, streamers, spinners, search lights and any other similar
devices designed and utilized primarily to draw attention to an object, product, place,
activity, person, institution, organization or business shall require a temporary permit not
to exceed a period of three (3) days, except for banners and posters which shall not
exceed a period of two (2) weeks. This permit may be granted by the City Manager, or
designee, no more than three (3) times during any twelve (12) month period. Lighterthan-air, inflatable devices and/or balloons shall not be permitted. A copy of the owner's
insurance certificate shall be required prior to issuance of a temporary permit. The
additional gross sign area of such devices, where applicable, and when added to the
existing sign area, shall not exceed 110% of the total allowable sign area. For shopping
centers, these provisions apply to the entire center as a complex and not to the tenants on
an individual basis.
O.
The use of a temporary and portable sign shall be limited only to charitable, non-profit or
civic organizations and shall require a temporary permit not to exceed a period of ten (10)
days. This permit may be granted by the City Manager, or designee, no more than three
(3) times during any twelve (12) month period per organization. Portable and temporary
signs may not exceed thirty-two (32) square feet in area unless first approved by Council
and shall not be illuminated with any flashing device. Any temporary electrical
connections to such devices shall be made by an approved cord in proper condition from
an approved GFI receptacle outlet in accordance with the National Electric Code.
Temporary and portable signs shall not be permitted in any residential district.
P.
At least one (1) address sign identifying the correct property number as assigned by the
City Manager or designee shall be required on each principal building in all districts. The
number shall be at least three inches (3") in height, but no larger than twelve (12) inches
27-3
in height. Said sign shall be excluded from the total allowable sign area calculation. No
permit shall be required for such address sign.
Q.
Public directory signs intended to identify a group of businesses, an organization or a
public or quasi-public entity may be located upon public property only when first
approved by the City Council. Public directory signs shall be required to comply with the
provisions of this Section except where, due to unusual and unique conditions that may
exist, such as in the East Lake Street area, a special exception may be granted by the City
Council to achieve a desired public purpose.
R.
The design and construction of all signs within the City shall be done with the highest
quality materials and workmanship to promote safety and a quality sign appearance. All
signs located in residential and commercial areas shall be aesthetically pleasing when
designed and constructed and shall relate harmoniously to the terrain, site circulation and
existing or proposed buildings that have a visual relationship to the proposed signing.
S.
Where permitted, internally illuminated signs shall be permitted if only the text or logo
portion of the sign is lighted. Back lighting of awnings is prohibited.
801.27.06:
PROHIBITED SIGNS:
The following signs shall be prohibited within the City:
A.
Any sign which does or would interfere with the ability of drivers or pedestrians to see
any traffic sign or signal or any crosswalk or which otherwise would constitute a public
hazard.
B.
Revolving beacons, revolving, swinging, moving signs or signs with moving parts, zip
flashers, flashing signs or similar devices, excepting time and temperature information.
In the case of allowed time and temperature signs, the message depicted shall be
reasonably accurate or the message shall be removed until it is repaired.
C.
Signs which are tacked, posted, painted or otherwise affixed on trees, fences, utility poles
or other such accessory structures or landscape features.
D.
Signs which contain any indecent or offensive picture or written matter.
E.
Advertising signs.
F.
Pylon signs are prohibited in all zoning districts.
G.
Portable signs, except as provided for under Section 801.27.05.O.
801.27.07:
ALLOWABLE SIGNS:
The following signs shall be allowed without a permit in accordance with the height
requirements of the corresponding zoning district under Section 801.27.08 of this
Section.
A.
Free-standing, temporary political signs, which may remain for a period of not more than
eight (8) weeks prior to an election and five (5) days after an election, provided that such
signs are no more than six (6) square feet in area and are placed with permission of the
property owner or lessee, except during August 1 and ten days following the general
election in any State general election year pursuant to Minnesota Statute 211B.045.,
which does not place any size restrictions on non-commercial signs during that time
period.
27-4
B.
Signs located on, above or beside entrances or exits to buildings or driveways which
direct pedestrians (e.g. "employees entrance", "exit only", "rest rooms"), provided that
such signs are no more than four (4) square feet in area.
C.
Temporary signs denoting an architect, engineer or contractor, when placed upon work
under construction, provided that each such sign is no more than sixteen (16) square feet
in area and is removed upon the completion of construction. There shall be a maximum
of one (1) sign per company and not more than four (4) of these signs allowed per
property.
D.
Memorial signs or tablets and integral signs not exceeding nine (9) square feet in area.
E.
At least one (1) address sign identifying the correct property number as assigned by the
City Manager or designee shall be required on each principal building in all districts. The
number shall be at least three inches (3") in height, but no larger than twelve (12) inches
in height. Said sign shall be excluded from the total allowable sign area calculation. No
permit shall be required for such address sign.
F.
Governmental traffic control signs, non-commercial municipal signs, legal notices and
temporary "danger" or "emergency" signs.
G.
Temporary advertising signs painted on or attached to the interior of a display window
for commercial and retail businesses, provided they do not exceed 50% of the area of the
individual window.
H.
One flag per government unit or agency with a pole height not exceeding forty (40) feet
in residential districts and sixty (60) feet in height for all other districts. The vertical
height of the flag(s) where attached to the pole shall not occupy more than 20% of the
pole height. All additional flags shall be subject to permit requirements and applied
toward the total allowable sign area for a property and shall not exceed forty (40) square
feet in area or twenty (20) feet in pole height. There shall be no setback requirements for
flag poles.
I.
Real estate signs, including banners, on a temporary basis, for the purpose of selling or
leasing individual lots or buildings, provided that each such sign is no more than eight
(8) square feet in area for single family detached residential uses and thirty-two (32)
square feet for any other use, not exceeding eight (8) feet in height. Such a sign shall be
located only on the premises involved, and it shall be removed immediately upon sale or
lease of the property or within twelve (12) months, whichever is sooner. Real estate
signs shall be allowed independent of the allowable sign area and limitations of the
subject property.
J.
Rummage (garage) sale signs only on private property not exceeding six (6) square feet
in area and displayed only during the time of the sale.
K.
Holiday signs or displays which are displayed for a period not to exceed seventy-five (75)
days in any calendar year, and shall not exceed twenty (20) square feet in area.
L.
Exterior private directory signs not exceeding sixteen (16) square feet in area.
M.
Non-illuminated identification signs for home occupations not exceeding two (2) square
feet in area attached to the dwelling.
801.27.08:
PERMITTED SIGNS:
In the following zoning districts as noted on the following page and as established within
this Ordinance for the City of Wayzata, the corresponding signs and standards are herein
27-5
established as the regulations governing new sign construction, installation or alteration
from the effective date of this Section forward. A sign permit in accordance with
Sections 801.27.02, 801.27.03, and 801.27.04 shall be required under this Section prior
to any sign construction, installation or alteration. The following Sign Table shall be
interpreted as providing for sign usage by right where standards are indicated for gross
surface area and prohibited where blank. A Conditional Use Permit (CUP) may be
requested for a sign where indicated. Conditional Use Permit requests shall be
processed in accordance with Conditional Use Permit procedures established within
Section 801.04 of this Ordinance.
801.27.09:
ADDITIONAL SIGN PERFORMANCE AND STANDARDS:
The following standards shall apply to all signs permitted under Section 801.27.08.
A.
No sign, sign structure or other apparatus prohibited in any residential district which
exceeds eight (8) feet in height shall be set back less than two and one-half (2-1/2) times
the sign height in distance from any such residential zoning districts. The sign shall also
be positioned so that the copy is not visible from existing or potential residential uses
within said districts along adjoining side and rear yard property lines.
B.
Standards for signs allowed by Conditional Use Permit shall be applied to applicable
districts as provided for at time of approval. In addition to the criteria for approval as
specified within the procedures for Conditional Use Permits by this Ordinance, the
following standards shall also be taken into account:
C.
1.
The sign placement, height or design does not create a safety hazard with regard
to, from or on a public street or roadway.
2.
The sign placement, height or design does not create a safety problem or
negatively affect adjoining properties or use.
3.
Consideration shall be given to the possible adverse effects of the proposed
Conditional Use Permit and satisfactorily address any additional requirements
that may be necessary to reduce such adverse effects. The City's judgement shall
be based upon (but not limited to) the following factors:
a.
Relationship to area plans.
b.
The geographical area involved.
c.
Whether such Conditional Use Permit will depreciate the area in which it
is proposed.
d.
The character of the surrounding area.
e.
The demonstrated need for such Conditional Use Permit.
f.
Whether such Conditional Use Permit would inherently lead to or
encourage disturbing influences in the neighborhood.
In C-3 Commercial Zoning Districts where a public frontage road separates a fronting
property from the freeway, the following provision shall apply: In those cases where
there is a grade difference of more than four (4) feet between the proposed location of
the sign and the higher grade of the freeway towards which the property fronts and the
sign is oriented, the City Council may grant an increase in sign height to allow adequate
visibility of the sign. In no case shall the sign height exceed thirty (30) feet above the
grade of the freeway or exceed a total of forty (40) feet.
27-6
D.
shall
Time and/or temperature signs fronting on Wayzata Boulevard in all commercial districts
be excluded from the maximum sign area limits allowed per sign, provided that:
1.
Time and/or temperature signs on Wayzata Boulevard shall not be closer than
two thousand (2,000) feet from another time and/or temperature sign.
2.
The principal structure has a minimum floor area of forty thousand (40,000)
square feet.
3.
For freestanding signs, the sign conforms with the height and location
requirements in this Ordinance.
4.
Should the sign be attached to a wall, with the exception of size, the sign shall
conform with wall sign requirements.
5.
The time and/or temperature sign shall be limited to a maximum total area of
fifty (50) square feet exclusive of the principal signage allowed for that property.
6.
The sign conforms with illumination requirements except that the lights may be
on twenty-four (24) hours a day.
7.
The message depicted is contained in one statement and not a continuing
sentence or flow of information.
E.
Where a building, group of attached buildings on the same block or center contains more
than one business, the allowable sign area for any single business shall be its portion of
the gross square footage of the building or center applied as a percentage to the allowable
sign area of the entire building or center.
F.
Ground, monument, or freestanding signs exceeding five (5) feet in height, where
permitted, shall be limited to one (1) per commercial establishment. Multi-establishment
buildings are herein considered a single commercial establishment. In the event that a
shopping center or other type of commercial establishment desires more than one (1)
monument or free-standing sign exceeding five (5) feet in height, then a Conditional Use
Permit may be requested in accordance with all Conditional Use Permit procedures as set
forth in Section 801.04 of this Ordinance.
G.
Independent of the total allowable sign area for individual businesses, one (1)
identification sign for a shopping center or other commercial center may be permitted per
arterial street frontage.
H.
Where there are two (2) walls of a principal building, with each having primary frontage
on a principal streets, both frontages may be calculated on an individual basis with the
total allowable wall sign area applied to the respective street frontage.
I.
In no circumstances, shall more than a fifteen (15) foot building height be used in the
calculation of a principal wall frontage.
J.
All artificial illumination of signs in non-residential districts adjacent to or within two
hundred (200) feet of residential districts or uses shall be turned off at the close of
business or by 10:00 PM, whichever occurs later. This requirement may also be applied
to other appropriate locations as deemed necessary by the Wayzata City Council for the
protection of certain areas as may be provided through approved policies contained
within the City's Comprehensive Plan.
K.
So as not to create a double exposure or increase sign size limitations, there shall be a
maximum separation angle of forty-five (45) degrees for signs which are back to back. In
all residential districts, double-faced signs shall be parallel.
27-7
L.
For ground/low profile and monument signs, the copy or graphic area shall not exceed
fifty (50) percent of the potential maximum gross surface area, unless approved as a
conditional use permit.
M.
Where there are special approved design features on a building such as cupolas, steeples,
domes, chimneys, etc., a wall sign may be erected on such an architectural feature
subject to approval of a Conditional Use Permit in accordance with all Conditional Use
Permit procedures as set forth in this Section and this Ordinance. In no case shall the
sign exceed the gross or total allowable sign area permitted.
N.
Independent of the total allowable sign area for individual residences in the R-1A, R-1,
R-2A, R-2, R-3A, and R-3 Zoning Districts, two (2) ground/low profile or monument
project identification signs for residential areas with six (6) or more lots may be allowed
by Conditional Use Permit for each entrance to a unified project area consistent with the
following provisions:
1.
New subdivisions:
a.
Each sign structure may not exceed a total of thirty-two (32) square feet
in area.
b.
Signs are to be located on outlots of sufficient size and area to
accommodate them or within a dedicated permanent sign easement. A
homeowners or neighborhood association is required for the area
identified by the signs which shall own and be responsible for the
upkeep, perpetual maintenance, taxes, insurance, utilities, and other costs
associated with the sign(s) and their property. The association rules or
by-laws shall specify how the aforementioned sign responsibilities will
be delegated and paid for. City staff shall review the proposed bylaws to
ensure that they specify the aforementioned responsibilities.
c.
Outlots or easements for signs are to be considered and planned for at the
time of preliminary plat application and will be included in the final plat.
The development contract between the City and the developer shall
specify the designated use of the outlot or easements, its ownership and
the respective home owners association responsibilities regarding the
proposed improvements.
d.
Project identification signs as provided for herein, shall be limited to a
unified and definable project area.
e.
Lighting of signs may be allowed. The electric costs and maintenance of
such lighting shall be the responsibility of the homeowners association or
neighborhood association of the area identified by the sign(s) and shall
be clearly noted in the association's rules or bylaws.
f.
The area around the sign is to be landscaped and maintained in such a
manner to accent and enhance the sign while remaining sensitive to the
natural features of the site. Detailed site and landscape plans shall be
included with each sign permit application and shall be subject to review
by the Planning Commission
g.
The design and construction of residential area identification signs shall
be done with the highest quality materials and workmanship to keep
maintenance and upkeep costs to a minimum and to minimize the
potential for vandalism. Residential area identification signs are to be
27-8
aesthetically pleasing when designed and constructed. The signs shall be
compatible with nearby or potential homes and other structures in the
area. Detailed construction plans and a materials list shall be included
with the Conditional Use Permit application.
h.
2.
O.
The City reserves the right to require the removal, at the owner's
expense, of any sign when the requirements of this Section and this
Ordinance are not completely followed and adhered to or if the sign is
not properly maintained or falls into a state of disrepair. The City shall
not have any obligation or liability to replace any sign or nearby
landscaping when removed by the City.
Existing Subdivisions: A low profile identification sign may be allowed, subject
to the procedures set forth in and regulated by this Section and other applicable
City ordinances, for existing residential area plats. If no outlots or easements are
designated for signs, the plat may be amended, in accordance with the minor
subdivision section of the Wayzata Subdivision Ordinance, to provide for such a
proposal and shall meet the same criteria and requirements as set forth for new
subdivisions.
Independent of the total allowable sign area for residential dwellings in the R-4A, R-4, R5, R-6 or Residential Planned Unit Development Districts, two (2) project monument
identification signs may be allowed by Conditional Use Permit for each entrance to an
area consistent with the following provisions:
1.
If the monument signs are to be located in a development which includes
individual ownership parcels, then the provisions established for individual
residences in Section 801.27.09.N above shall apply.
2.
If the monument signs are to be located in a development which do not include
individual ownership parcels, then all other provisions of this Section shall apply.
801.27.10:
NON-CONFORMING SIGNS:
A.
Permanent signs which lawfully exist on the effective date of this Ordinance and which
do not meet the requirements of this Section, except for advertising and billboard signs,
and except for pylon and monument signs which exceed the maximum gross surface area
and height which were required to be removed by November 18, 1987, shall be allowed
to continue. These non-conforming signs shall not be altered, rebuilt or relocated, unless
destroyed by natural or other causes uncontrollable by the owner, lessor or agent of the
property, other than for routine maintenance, repair or to change the copy or message
thereon without being brought into compliance with the requirements of this Section.
B.
After a non-conforming sign has been removed, it shall not be replaced by another nonconforming sign. Whenever the use of a non-conforming sign has been discontinued for
a period of one (1) month, such use shall not be resumed thereafter unless the sign meets
the requirements of this Section. Within a one (1) month period of the sign or business
discontinuance, the sign owner shall remove the non-conforming sign.
C.
Non-Conforming Uses. When the principal use of land is legally non-conforming under
this Section, all existing or proposed signs in conjunction with that land shall be
considered conforming if they are in compliance with the provisions of this Section for
the most restrictive zoning district in which the principal use is allowed, or the C-1
zoning district, whichever provision is the most restrictive.
27-9
801.27.11:
ABATEMENT:
If the Zoning Administrator or his designee finds that any sign has been erected without
the necessary approvals or any sign is being maintained in violation of any provision of
this Section, he may give written notice of such violation to the installer of said sign, to
the permit holder and/or to the owner, lessee or manager of said property. If after
receiving said notice such person fails to remove or alter said sign so as to comply with
the provisions of this Section, the sign shall be deemed to be a nuisance and may be
abated by the City under Minnesota Statutes, Chapter 429. The cost of such an
abatement, including administrative expenses and reasonable attorneys' fees, may be
levied as a special assessment against the property upon which the sign is located.
27-10
Section 27 Sign Table
Total
Allowable
Sign Area
Sign Type and Maximum Gross Surface Area
Zoning District
R-1A, R-1, R-2, R-3, R-3A
R-4, R-5
Identification
Wall
Awning/Canopy/M
arquee
Ground/
Monument
Freestanding
Roof
Projecting
6 SF
-
CUP
CUP
-
-
-
6 SF
4 SF
35 SF
12 SF
-
6 SF
4 SF
40 SF
12 SF
20 SF (20 or less
units)
32 SF (21 or
more units)
Sign Type and
Maximum Height in
Feet
Identification
Ground/
Monument
6 SF
5 FT
5 FT
-
35 SF
8 FT
8 FT
-
-
50 SF
10 FT
10 FT
INS
60 SF
-
20 SF
60 SF
35 SF
-
-
lesser of 15% or
150 SF
20 FT
12 FT
C-1, C-1A
60 SF
15%
20 SF
35 SF
35 SF
15%
10 SF
lesser of 15% or
150 SF
20 FT
12 FT
150 SF*
15%
20 SF
60 SF
35 SF
-
-
lesser of 15% or
150 SF
20 FT
12 FT
40 SF
15%
20 SF
35 SF
CUP
15%
10 SF
lesser of 15% or
150 SF
20 Ft
12 FT
C-2, C-3
C-4, C-4A, C-4B
Notes:
* shall only apply to a shopping center
Additional Sign Standards:
1. For properties located in any of the Design Standards Districts, additional sign standards as set forth in the Design Standards shall apply.
2. Roof signs are only allowed on pitched-styled buildings and shall not extend above the roof line, parapet, or façade of the building.
3. Buildings shall be allowed either a wall sign or roof sign (where applicable).
4. A comprehensive signage plan shall be submitted for all proposed structures except single-family dwellings.
5. The use of pylon signs is prohibited in all zoning districts within the City of Wayzata.
6. Wall signs on storefront-type buildings shall be placed within the sign band immediately above the storefront.
27-11
SECTION 28
ESSENTIAL SERVICES
Section 801.28:
801.28.1:
801.28.2:
801.28.3:
801.28.4:
801.28.1:
Purpose
Special Permit Required
City Approval Required
Conditional Use Permit Required
PURPOSE:
The purpose of this Section is to provide for the installation of essential services such as
telephone lines, pipelines, electric transmission lines and substations in such a manner
that the health, safety and welfare of the City will not be adversely affected. Essential
services should also be installed in cognizance of existing and projected demands for
such services.
801.28.2:
SPECIAL PERMIT REQUIRED:
All underground telephone lines, pipelines for local distribution, underground electric
transmission lines, and overhead utility lines and electric transmission lines and
substations less than 33 KV, when installed in any public right-of-way in any zoning
district, shall require a special permit approved by the City Engineer.
801.28.3:
CITY APPROVAL REQUIRED:
All underground telephone lines, pipelines for local distribution, underground
transmission lines, and overhead utility lines and electric transmission lines less than 33
KV, which are extended to serve more than one parcel and are proposed to be installed at
locations other than in public right-of-way, shall require a special permit issued by the
City after approval by the City Engineer. Approval by the City Engineer shall be based
upon the information furnished in the following procedural requirements:
A.
Prior to the installation of any of the previous essential services, the owner of such
service shall file with the Zoning Administrator, all maps and other pertinent information
as deemed necessary for the City Engineer to review the proposed project.
B.
The Zoning Administrator shall transmit the map and accompanying information to the
City Engineer for review and approval regarding the project's relationship to the
Comprehensive Plan and parts thereof and/or City Code provisions.
C.
The City Engineer shall report in writing to the Zoning Administrator the findings as to
the compliance of the proposed project with the Comprehensive Plan and City Code
provisions.
D.
In considering applications for the placement of essential services, as regulated in this
Section, the aforesaid City staff shall consider the effect of the proposed project upon the
health, safety and general welfare of the City, as existing and as anticipated; and the
effect of the proposed project upon the Comprehensive Plan.
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E.
Upon receiving the approval of the City Engineer, the Zoning Administrator shall issue a
permit for the installation and operation of the applicant's essential services. If the
Engineer's report recommends the denial of said permit causing the Zoning Administrator
to deny its issuance, the applicant may appeal said decision to the Board of Appeals and
Adjustments under the rules and procedures as set forth in Section 801.06 of this
Ordinance.
801.28.4:
CONDITIONAL USE PERMIT REQUIRED:
All transmissions pipelines (i.e., pipelines not required for local distributing network),
and overhead transmission and substation lines in excess of 33 KV shall be a conditional
use in all districts subject to the following procedural requirements:
A.
Prior to the installation of any of the previous essential services, the owner of such
service shall file with the Zoning Administrator, all maps and other pertinent information
as deemed necessary for the Planning Commission to review the proposed project.
B.
The Zoning Administrator shall transmit the map and accompanying information to the
Planning Commission for its review and recommendations regarding the project's
relationship to the Comprehensive Plan and parts thereof.
C.
The Planning Commission shall hold the necessary public hearings as prescribed by this
Section for conditional uses.
D.
The Planning Commission shall report in writing to the Council its findings as to
compliance of the proposed project with the Comprehensive Plan.
E.
In considering the applications for the placement of essential services, as regulated by
this Section, the City Council shall consider the advice and recommendations of the
Planning Commission and the effect of the proposed project upon the health, safety and
general welfare of the City, existing and anticipated; and the effect of the proposed
project upon the Comprehensive Plan.
28-2
SECTION 29
MODEL HOMES
Section 801.29:
801.29.1:
801.29.2:
801.29.3:
801.29.1:
Purpose
Procedure
Special Requirements
PURPOSE:
The purpose of this Section is to provide for the erection of model homes in new
subdivisions without adversely affecting the character of surrounding residential
neighborhoods or creating a general nuisance. As model homes represent a unique
temporary commercial use, special consideration must be given to the peculiar problems
associated with them and special standards must be applied to ensure reasonable
compatibility with their surrounding environment.
801.29.2:
PROCEDURE:
The erection of a model home(s) shall require approval of the City Council.
801.29.3:
SPECIAL REQUIREMENTS:
A.
Temporary parking facilities equal to four (4) spaces per model home dwelling unit shall
be provided. The overall design, drainage, and surfacing of the temporary parking
facility shall be subject to the approval of the Zoning Administrator.
B.
Access from a temporary parking facility onto a local, residential street shall be
discouraged. Where this requirement is physically impractical, access shall be directed
away from residential neighborhoods to the greatest extent possible.
C.
No model home shall incorporate outside lighting which creates a nuisance due to glare
or intensity, as provided for in Section 801.16.6 of this Ordinance.
D.
All model home signage shall comply with the sign regulations as contained in Section
27 of this Ordinance.
E.
All criteria for conditional use consideration but not procedural requirements as
contained in Section 801.04.2.F of this Ordinance shall be considered and satisfactorily
met.
29-1
SECTION 30
ANIMALS
Section 801.30:
801.30.1:
801.30.1:
Keeping Animals
KEEPING ANIMALS:
The following animals may be kept in the City:
A.
Domestic animals are allowed in all zoning districts.
B.
Horses are an allowed accessory use per district regulations.
C.
Farm animals are not allowed in the City.
D.
Animals being kept as part of the Minnesota Zoological Gardens, St. Paul Como Zoo, or
similar institutional docent programs are an allowed use in all zoning districts. Before
such animals are allowed, however, the participant in the program must notify the City
Manager in writing of their participation in the program and identify the animal being
kept.
E.
With the exception of animals allowed by subsections A, B, C and D above, no other
animals are allowed except by conditional use permit.
F.
Animals may only be kept for commercial purposes if authorized in the zoning district
where the animals are located.
G.
Animals may not be kept if they cause a nuisance or endanger the health or safety of the
community.
H.
Dog kennels shall require a conditional use permit pursuant to Section 801.04 of this
Ordinance and shall be subject to other applicable sections of the City Code.
30-1
SECTION 31
COMMERCIAL TELECOMMUNICATIONS FACILITIES AND RESIDENTIAL
ACCESSORY COMMUNICATIONS DEVICES
Section 801.31:
801.31.1:
801.31.2:
801.31.3:
801.31.4:
801.31.5:
801.31.6:
801.31.7:
801.31.8:
801.31.9:
801.31.10:
801.31.11:
1.
Purpose and Intent
Definitions
Existing Telecommunications Equipment
Building and Design Standards, Allowed Locations for
Telecommunications Facilities, and Required Permits
General Standards for Telecommunication Facilities
Applications for Telecommunications Facilities
Revocation of Permit
No Recourse Against the City
Indemnification
Severability
Residential Accessory Uses
Purpose and Intent.
The purpose of this section is to establish objective and balanced regulations for the
siting, screening and operation of wireless telecommunication facilities and equipment in
order to accommodate Wireless Communication systems within the City while
minimizing any adverse impacts on the City’s natural resources, aesthetics, public spaces,
surrounding neighborhood property values, and the general health, safety and public
welfare, all as allowed under applicable Federal law. This section recognizes that these
wireless communication systems provide a valuable service to the public but that they are
not a public utility. The specific purposes of this section are to:
A.
Specify allowed locations of commercial Telecommunication Facilities and
Towers in the City;
B.
Protect residential, recreational and park areas from encroachment by commercial
operations, including, but not limited to, Telecommunication Facilities and
Towers;
C.
Minimize adverse visual impacts of Telecommunication Facilities and Towers
through careful design, optimum siting, appropriate landscaping, innovative
camouflaging techniques and stealth poles;
D.
Require, where possible, the co-location of Telecommunications Towers and
Antennas support structures on Towers or existing structures as a primary option
rather than construction of multiple single-use Towers;
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2.
E.
Require utilization of technological designs that either eliminate or reduce the
need for erection of new Tower structures to support Telecommunications
Facilities;
F.
Minimize potential damage to property caused by Telecommunication Facilities
and Towers by ensuring such structures are soundly and carefully designed,
constructed, modified, maintained, and removed when no longer used or are
determined to be structurally unsound;
G.
Ensure that Telecommunication Facilities and Towers are compatible with
surrounding land uses;
H.
Provide development standards for Wireless Telecommunication Facilities that
are consistent with the requirements of the Federal Telecommunications Act of
1996, as amended, or other applicable Federal, State and local laws, statutes,
ordinances and regulations;
I.
Encourage consistent, high quality telecommunications services throughout the
City.
Definitions.
For the purposes of this section, the terms below have the meaning given to them, unless
the context clearly indicates a different meaning:
A.
“Accessory Equipment” means the wires, cables, generators, air conditioning
units, and other equipment or facilities that are used in conjunction with
Telecommunication Facilities and Telecommunication Equipment
B.
“Applicant” means any person or entity who files an application for any permit
or is party to any lease agreement required by this Ordinance for the construction,
replacement, installation, or alteration of wireless communication facility or any
component thereof.
C.
“Antenna” means any exterior transmitting or receiving device mounted on a
Tower, Monopole, building, or other structure and used in communications that
radiate or capture electromagnetic waves, digital signals, analog signals, radio
frequencies (excluding radar signals), wireless telecommunications signals or
other communications signals. “Antenna” does not include a lightning rod.
D.
“Antenna Support Structure” means any new or existing Telecommunications
Tower, building, water tower, or electric transmission tower carrying over 200
kilo volts of electricity that can be used for the location of Antennas without
increasing the height or mass of the existing structure.
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E.
“Engineer” means a radio, electrical, structural, or mechanical engineer licensed
by the State of Minnesota.
F.
“Equipment Shelter” means an enclosed structure at the base of or near a
Telecommunication Facility, Tower, or Antenna within which are housed, among
other things, batteries, generators, air conditioning units, wireless communications
or electrical equipment, or other Accessory Equipment, which may be connected
to the Telecommunications Facility, Tower or Antenna by cable.
G.
“Co-location” means the sharing of structures by two or more wireless service
providers on a single support structure or otherwise sharing a common location.
H.
“Monopole” means a slender self-supporting Tower used to support Antennas
and Accessory Equipment.
I.
“Permit Holder” a person or entity who holds a permit issued pursuant to this
Ordinance for a Telecommunications Facility.
J.
“Public Utility Structure” means a structure which is owned by a governmental
agency or utility company and which is used to support illumination devices or
lines and other equipment carrying electricity or communications.
K.
“Residential Accessory Communication Devices” means any satellite dishes,
television Antennas, radio Antennas, amateur (ham) radio Antennas, and similar
communication transmission/reception devices and associated Accessory
Equipment that are a permitted accessory use within a residential district.
L.
“Stealth Design” means state-of-the-art design techniques used to blend the
object into the surrounding environment and to minimize the visual impact as
much as reasonably possible. Examples of stealth design techniques include
architecturally screening roof-mounted Antennas and Accessory Equipment;
integrating Telecommunications Facilities into architectural elements; nestling
Telecommunications Facilities into the surrounding landscape so that the
topography or vegetation reduces their view; using the location that would result
in the least amount of visibility to the public, minimizing the size and appearance
of the Telecommunications Facilities; and designing Towers to appear other than
as Towers, such as light poles, power poles, flag poles, and trees.
M.
“Telecommunications Equipment” means Antennas and Accessory Equipment.
N.
“Telecommunications Facilities” means any facility or location maintained by a
commercial enterprise where Telecommunications Equipment or
Telecommunications Tower is located.
The following shall not be considered Telecommunication Facilities:
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3.
1.
Licensed amateur (ham) radio Antennas, regulated under subsection
801.31.11 below.
2.
Television Antennas and satellite dish Antennas for reception within
individual homes or businesses, regulated under subsection 801.31.11
below.
3.
Temporary Telecommunication Facilities placed in service during an
emergency declared by a government agency or for special events
requiring wireless service capacity or coverage that is not available from
existing Telecommunication Facilities.
O.
“Telecommunications Tower” or “Tower” means any of the following: a
ground or roof mounted pole; spire; free standing, self-supporting lattice or
monopole structure; or combination thereof taller than twenty-five (25) feet,
including but not limited to supporting lines, cables, wires, braces, and masts,
intended primarily for the purpose of mounting an Antenna, meteorological
device, or similar apparatus above grade (except amateur radio Antennas).
P.
“Wireless Communications” means any personal wireless services as defined in
the Federal Communications Act of 1996, including FCC licensed commercial
wireless Telecommunications services including, but not limited to, cellular,
personal communication services (PCS), specialized mobile radio (SMR),
enhanced specialized mobile radio (ESMR), global system of mobile
communication (GSM), paging and similar services that currently exist or may be
developed.
Existing Telecommunications Equipment.
A.
Existing Telecommunications Equipment located on or attached to an existing
Antenna Support Structure, prior to the adoption of this Ordinance, are regulated
by the provisions of the zoning district for each such parcel containing said
Antenna Support Structure. Once the leases for existing Telecommunications
Equipment expire or are otherwise terminated, the owner of the
Telecommunication Equipment shall apply for a Telecommunication Facilities
Permit or Conditional Use Permit as outlined in Section 801.31.4 of this
Ordinance, and the existing Telecommunications Equipment shall be required to
conform to all requirements of this Ordinance for new Telecommunication
Facilities. The City may, among other remedies, require relocation of
Telecommunications Equipment, at the owner’s expense, to permitted areas under
this Ordinance.
B.
Eligible Facilities Request. Notwithstanding the above, nothing in this Section 3
shall be read to allow the City to prohibit a Telecommunication Facilities Permit
based solely upon a request by the owner/operator for modification of an existing
tower or base station that does not substantially change the physical dimensions of
31-4
such tower or base station and is otherwise an “eligible facilities request” under
47 U.S.C. Section 1455 (a) and 47 C.F.R. Section 1.40001 (c), as the same may
be amended.
4.
Building and Design Standards, Allowed Locations for Telecommunications
Facilities, and Required Permits. All Telecommunications Facilities shall be
constructed and maintained in accordance with the following standards:
A.
Telecommunication Facilities Permit.
Prior to the construction or operation of the following types of
Telecommunications Facilities, the owner and operator of the
Telecommunications Facility must obtain a permit for the Telecommunications
Facilities according to the provisions of this Ordinance, termed a
“Telecommunications Facilities Permit”:
1.
B.
New Telecommunications Equipment may be located on a
Telecommunications Tower allowed under Section 801.31.4.B(1) that has
an approved Conditional Use Permit only if the Applicant complies with
the following requirements:
a.
The Applicant shall provide documentation and/or an analysis
prepared by a radio or electrical engineer demonstrating that the
proposed location of the Telecommunications Equipment is
necessary to meet the coverage and capacity needs of its system.
The Applicant shall provide a network map describing all of the
Applicant’s Telecommunications Facilities which provide any
coverage within the City’s limits. The documentation and/or
analysis shall also show the Telecommunications Equipment
would not cause interference with other existing or approved
Telecommunications Equipment. The Applicant shall also pay the
reasonable expenses of a radio or electrical engineer retained by
the City, at the City’s option, to review this analysis;
b.
The Telecommunications Equipment shall use as many Stealth
Design techniques as reasonably possible and include nonproprietary information on Stealth Design technology. Economic
considerations or hardships shall not be the sole justification for
failing to provide Stealth Design techniques.
Conditional Use Permit.
Telecommunication Facilities may not be located on any locations other than
those that are designated in Section 801.31.4.A unless the Applicant first obtains a
Conditional Use Permit for the Telecommunications Facility. The
31-5
Telecommunications Facility must comply with the provisions of this section, and
the provisions of Section 801.04.2.F of this Ordinance:
1.
Telecommunications Towers shall be located only on the following
parcels owned and/or controlled by the City of Wayzata:
Property Name
Property Identification Number
City of Wayzata Public Works Facility
01-117-23-22-0004
Wayzata West Middle School
06-117-22-22-0008
2.
a.
The Telecommunications Tower and Antenna, including
attachments other than lightning rods, shall not exceed 150 feet in
height, measured from grade. The City Council may, but shall not
be required to, increase this height up to 190 feet if the Council
finds the increase in height would not have a significant visual
impact, would not have a negative property value impact on
surrounding properties because of proximity, topography or
screening by trees or buildings or would accommodate two or
more users. The City Council may waive this height limitation for
a Telecommunications Tower and/or Antenna if used wholly or
partially for essential public services, such as public safety.
b.
The Telecommunications Tower shall use as many Stealth Design
techniques as reasonably possible and include non-proprietary
information on stealth design technology. Economic
considerations or hardships shall not be the sole justification for
failing to provide Stealth Design techniques.
Telecommunications Equipment may be attached to an existing Public
Utility Structure within a right of way according to the following
standards:
a.
The Antenna shall not extend more than fifteen (15) feet above the
top of the existing Public Utility Structure.
b.
The Antenna shall be no larger than three (3) cubic feet and has no
individual surface larger than four (4) feet.
c.
The Antenna shall not extend outward from the utility structure by
more than three (3) feet.
d.
There shall be no ground mounted equipment as long as the
existing Public Utility Structure is available for the mounting of
such equipment.
31-6
3.
e.
There shall be no interference with public safety communications
or with the original use of the Public Utility Structure.
f.
The Applicant shall agree that the Telecommunications Equipment
must be removed and relocated, at the Applicant’s expense, if the
road authority requires the removal and relocation of the Public
Utility Structure.
Telecommunications Equipment may be attached to an existing building
according to the following standards:
a.
The Applicant shall provide documentation and/or an analysis
prepared by a radio or electrical engineer demonstrating that the
proposed location of the Telecommunications Equipment is
necessary to meet the coverage and capacity needs of its system.
The Applicant shall provide a network map describing all of the
Applicant’s Telecommunications Facilities which provide any
coverage within the City’s limits. The documentation and/or
analysis shall also show the Telecommunications Equipment
would not cause interference with other existing or approved
Telecommunications Equipment. The Applicant shall also pay the
reasonable expenses of a radio or electrical engineer retained by
the City, at the City’s option, to review this analysis;
b.
The Telecommunications Equipment shall use as many Stealth
Design techniques as reasonably possible. Economic
considerations or hardships shall not be the sole justification for
failing to provide Stealth Design techniques;
c.
The building upon which the Antenna is attached to, shall be
located on a parcel of land zoned C – 1 Office and Limited
Commercial District, C-3 Service District, or PUD Planned Unit
Development, and the building upon which the Antenna is to
attached to must be located within 300 feet of the Wayzata Blvd
East right-of-way.
The City Council may, at its sole discretion, consider other sites if
the Applicant demonstrates that all other sites that comply with the
zoning district and distance requirements above have been
considered and deemed infeasible to provide adequate coverage
and/or capacity to a significant portion of the City of Wayzata.
CUPs for other sites may be approved only after the Applicant
demonstrates that there is no other location that complies with the
zoning district and distance requirements above that the
Telecommunications Equipment could be located on, and provide
substantially the same coverage. In no case can
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Telecommunications Equipment be located in any residential
zoning district, or on parcels of land guided in the Comprehensive
Plan for Parks or Public Open Space.
C.
d.
The Antenna shall be attached to the façade of the building or
attached on or within a rooftop screening wall (i.e. §801.09.7.2).
A façade mounted Antenna shall not extend above the cornice line
and a rooftop or screening wall mounted Antenna shall not extend
more than fifteen (15) feet above the screening wall. Façade and
screening wall mounted Antenna shall, as closely as possible,
match the color of the underlying building material.
e.
Accessory Equipment shall be entirely located within an existing
structure or within rooftop parapet screening walls whenever
possible. If a new equipment building is necessary, it shall be
situated to the rear or side of the principal use and shall be
screened from view by landscaping where appropriate. If a new
equipment building is necessary, the building shall be constructed
of materials and color scheme compatible with the principal
building.
Eligible Facilities Request.
Notwithstanding the above, nothing in this Section 4 shall be read to allow the
City to prohibit any approval under this Section based solely upon a request by
the owner/operator for modification of an existing tower or base station that does
not substantially change the physical dimensions of such tower or base station and
is otherwise an “eligible facilities request” under 47 U.S.C. Section 1455 (a) and
47 C.F.R. Section 1.40001 (c), as the same may be amended.
5.
General Standards for Telecommunication Facilities.
All Telecommunications Facilities must comply with the following standards (although
nothing in this Section 5 shall be read to allow the City to prohibit a Telecommunication
Facilities Permit based solely upon a request by the owner/operator for modification of an
existing tower or base station that does not substantially change the physical dimensions
of such tower or base station and is otherwise an “eligible facilities request” under 47
U.S.C. Section 1455 (a) and 47 C.F.R. Section 1.40001 (c), as the same may be
amended.) :
A.
Vertical projection on Antenna support structures. Antennas mounted on an
existing Antenna Support Structure shall not extend more than 15 feet above the
height of the structure to which they are attached. Wall or façade-mounted
Antennas shall not extend above the cornice line and shall be constructed of a
material or color that matches the exterior of the building.
31-8
B.
Horizontal projection. Antennas shall not project out from the side of the
existing Antenna Support Structure, Telecommunications Tower, or wall or
facade by more than three feet.
C.
Fall Zone Analysis. The Applicant must submit a fall zone analysis report
completed by a qualified and licensed engineer that shows the
Telecommunications Facilities do not pose a threat to general health, safety and
welfare of the City.
D.
Setbacks. Telecommunications Facilities shall meet the building setback that is
established for the zoning district where it is to be located, and the following
additional standards:
1.
A Telecommunications Tower shall be set back from all residential
property lines at least one (1) foot for each foot in height, but shall have a
minimum setback of at least one hundred (100) feet. The Tower setbacks
may be increased by the City Council dependent on the results of the
engineered fall zone analysis report submitted by the Applicant as part of
the permit application.
2.
Towers and Telecommunications Equipment shall not encroach upon any
easements unless written permission is obtained from the underlying
property owner burdened by the easement and the beneficiary of the
easement.
3.
The required setbacks may be reduced or the location in relation to a
public street modified, at the sole discretion of the City Council, when the
Telecommunications Equipment is integrated into an existing or proposed
structure such as a building, light or utility pole.
E.
Height. The height of an Antenna and/or Telecommunications Tower shall be the
minimum necessary to meet the Applicant’s coverage and capacity needs, as
verified by an electrical engineer or other appropriate professional. Any new or
replacement Tower and Antenna, including attachments other than lightning rods,
shall not exceed 150 feet in height, measured from grade. The City Council may,
but shall not be required to, increase this height up to 190 feet if the Council
finds: (1) the increase in height would not have a significant visual impact, (2)
would not have a negative property value impact on surrounding properties
because of proximity, topography or screening by trees or buildings or (3) would
accommodate two or more users.
F.
Exterior surfaces. Towers and Antennas shall be painted a non-contrasting color
consistent with the surrounding area such as: blue, gray, green, brown, or silver,
or have a galvanized finish to reduce visual impact. Metal Towers shall be
constructed of, or treated with, corrosion-resistant material.
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G.
Ground-mounted equipment. Ground-mounted Accessory Equipment and/or
equipment storage facilities shall be architecturally designed to blend in with the
surrounding environment, including the principal structure and/or shall be
screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and compliments the character of the
surrounding neighborhood. No more than one Equipment Shelter or accessory
building is permitted for each Tower. Equipment Shelters or accessory buildings
shall be designed to accommodate additional space needed for the co-location of
additional Antennas at the site. The additional space must either be built within
the first shelter/building or that shelter/building must be designed to allow for
future expansions and/or additions. Design of the building or equipment cabinet,
screening, and landscaping are subject to applicable Design Standards criteria
under Section 801.09 of the Wayzata Zoning Ordinance. The Applicant shall be
responsible for maintaining the structure in a high-quality condition. If the
Applicant abandons or vacates the structure, it shall be forfeited to the City or torn
down by the Applicant at their expense, at the discretion of the City Council.
H.
Construction. Telecommunications Facilities shall be in compliance with all
buildings and electrical code requirements. All applicable federal, state and local
agency licenses and/or permits shall be obtained. A Telecommunications Tower
shall be designed and certified by a licensed structural engineer to be structurally
sound and in conformance with the building code. Structural design, mounting
and installation of the Telecommunications Facilities shall be in compliance with
the manufacturer’s specifications. If, upon inspection, the City concludes that a
Tower or other portion of a Telecommunications Facility fails to comply with
such codes and standards and constitutes a danger to persons or property, then
upon notice being provided to the owner of the Telecommunication Facility or
Tower, the owner shall have thirty (30) days to bring such Tower or
Telecommunication Facility into compliance with such standards. Failure to
bring such Tower or Telecommunication Facility into compliance with such
thirty-day period shall constitute grounds for the removal of the Tower or
Telecommunication Facility at the owner’s expense.
I.
Interference with Public Safety Telecommunications. No Telecommunications
Tower or Telecommunications Facility shall interfere with public safety
Telecommunications. All Towers and Telecommunication Facilities shall comply
with FCC regulations and licensing requirements.
J.
Security Fencing and Screening. Telecommunication Facilities and Towers
shall be enclosed by security fencing not less than the height of the equipment
located therein and shall also be equipped with an appropriate anti-climbing
device. Fencing within one hundred (100) feet of a residential or parking property
shall be constructed of a well-designed fence of wood or other environmentally
sound material, and be compatible with the surrounding character of the area.
The Telecommunication Facilities and Towers shall also include a landscape
31-10
screen, at least six (6) in height, around the perimeter of equipment area, as
approved by the City Council.
K.
Other Protections. The City may require shields to protect from ice falling
from Towers, anti-climbing devices to prevent unauthorized persons from
climbing Towers, or other appurtenances necessary to protect life and property.
L.
Noise. If the proposed Telecommunications Facility includes equipment that
causes significant sound levels, sound buffers may be required including but not
limited to, baffling, barriers, enclosures, walls and plantings. The Applicant shall
submit an acoustical analysis (measured to the property line) and report prepared
by a licensed and/or accredited sound engineer certifying that the noise to be
generated from the proposed Telecommunication Facility shall not impact
adjacent properties. Said report shall include, without limitation, a written
description of all noise generated by the Facility, including retractable monopole
motors, Antenna rotators, power generation, heating or air conditioning, and
related equipment, and shall include the estimated times, frequency, duration and
decibel levels of the noise. All equipment shall conform to Minnesota Pollution
Control Agency decibel standards.
M.
Sensitive Habitats. No Telecommunication Facility shall be located in
environmentally sensitive habitats, including but not limited to wetlands,
shorelines, established animal habitats, conservation districts, and significant tree
groups, unless mitigation measures can be adopted which would reduce potential
impacts to levels of non-significance.
N.
Radio Frequency Emissions. Telecommunications Facilities shall comply with
Federal Communication Commission standards for radio frequency emissions and
interference.
O.
Interference. No Telecommunication Facility shall be permitted that causes
interference with commercial or private use and enjoyment of other legally
operating telecommunications devices including, but not limited to, radios,
televisions, personal computers, telephones, personal communications devices,
garage door openers, security systems, and other electronic equipment and
devices in violation of any Federal Communication Commission standards
relating to radio frequency interference. Unless otherwise prohibited by Federal
Communication Commission standards, an Applicant shall furnish a state
registered engineer’s certification that no such interference shall occur, or identify
what interference may occur and how the Applicant shall mitigate any potential
interference that may occur.
P.
Risk of Danger. Telecommunications Facilities and Towers shall not pose a risk
of explosion, fire, or other danger due to its proximity to volatile, flammable,
explosive or hazardous materials. Telecommunication Facilities, Towers,
Antennas, and Accessory Equipment shall be subject to state and federal
31-11
regulations pertaining to non-ionizing radiation and other health hazards related to
such Facilities. If new, more restrictive standards are adopted, the Facilities shall
be made to comply or continued operations may be restricted by the City Council.
The cost of verification of compliance shall be borne by the Applicant.
Q.
Maintenance. All Telecommunication Facilities and Towers shall at all times (i)
be kept and maintained in good condition, order and repair so that the same shall
not menace or endanger the life or property of any person, and (ii) allow sufficient
access for service vehicles and personnel. Maintenance of equipment shall be
scheduled for between 7:00am-6:00pm, Monday through Friday, unless in case of
emergency or otherwise agreed to by the City. Service vehicles for equipment
maintenance shall be parked on city streets, unless paved and screened off-street
is available at the site. In the case of maintenance of Telecommunication
Facilities on the City Water Tower, service vehicles shall park on the service
entrance of the City Water Treatment Plant, whenever possible.
R.
Co-location opportunity. The Applicant, the Tower owner, the landowner,
and their successors and assigns shall allow the shared use of the Tower if an
additional user agrees in writing to meet reasonable terms and conditions for
shared use, shall submit a dispute over the potential terms and conditions to
binding arbitration, and shall sign the Conditional Use Permit agreeing to these
requirements. The City Council may waive these co-location requirements if
necessary to implement stealth design.
1.
All Telecommunications Facility providers shall cooperate with each other
in co-locating Telecommunication Facilities and shall exercise good faith
in co-locating with other licensed carriers and in the sharing of sites,
including the sharing of technical information necessary to evaluate the
feasibility of collocation. In the event a dispute arises as to a co-location
issue, the City may require a third-party technical study to evaluate the
feasibility of co-locating at the expense of each wireless
telecommunications providers involved in the third-party study;
2.
All proposed new Telecommunications Towers shall be designed to
accommodate both the Applicant’s Antennas and Antennas for as many
other licensed carriers as can be technically located thereon, but not less
than one additional;
3.
All new Telecommunications Facilities and Towers owned by a
telecommunications provider shall be made available for use by the owner
or initial user thereof, together with as many other licensed carriers as can
be technically located thereon, but not less than one additional;
4.
All proposed new Telecommunications Towers shall be designed to allow
for future rearrangement of Antennas or Tower modifications, and to
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accept Antennas mounted at varying heights unless the City otherwise
agrees in order to accommodate Stealth Design techniques;
S.
Successors and Assigns. Any Permit or lease for a Telecommunications Facility
shall run with the Property, and shall be binding upon and inure to the benefit of
the parties, their respective successors, personal representatives, and assigns.
T.
External messages. No advertising message or identification signs, other than
warning or equipment information signs as legally required, shall be affixed to the
Telecommunications Facilities.
U.
Lighting. Telecommunications Facilities or Towers shall not be artificially
illuminated unless required by law or by a governmental agency to protect the
public’s health and safety or unless necessary to facilitate service to groundmounted equipment. Any lighting or artificial illumination utilized shall be
shielded and not cast glare onto adjacent properties. All lighting shall be
measured to the property line.
V.
On-site employees. There shall be no employees on the site at a
Telecommunications Facility on a permanent basis. Occasional or temporary
repair and service activities are allowed.
W.
Advances in Stealth Technology. Whenever an applicant proposes to install
and/or replace antennas or other telecommunications equipment, the Applicant
shall submit a report describing all available technology for installation or
replacement. The report shall include the purpose of equipment to be installed
(expand coverage, expand capacity, expand bandwidth, etc.) and the performance
specifications and physical dimensions of the equipment. The report conclusions
must provide an analysis of performance versus visual impacts and/or stealth
technology. The City retains the right to evaluate the reports analysis and perform
a third party technical review at the applicants cost. The City shall have the ability
to require the stealth or lower visual profile equipment based on the third party
technical recommendation.
X.
Removal. After one hundred twenty (120) days’ notice from the City to the
Permit Holder all Telecommunications Facilities, Antennas, or Towers shall be
required to be removed at the Permit Holder’s expense, if such improvement is
found to be in violation of any portion of this Ordinance by the City and such
violation is not cured within such thirty day time period. Obsolete or unused
Telecommunications Facilities and all related equipment shall be removed within
six (6) months after cessation of their use at the site, unless an exemption is
granted by the City Council. Telecommunications Facilities and related
equipment that have become hazardous shall be removed or made not hazardous
within 30 days after written notice to the current Permit Holder and to any
separate landowner, unless an exemption is granted by the City Council. Notice
may be made to the address listed in the application, unless another one has
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subsequently been provided, and to the taxpayer of the property listed in the
Hennepin County tax records. Telecommunications Facilities and all related
equipment that are not removed within this time are declared to be public
nuisances and may be removed by the City. The City may assess its costs of
removal against the Property.
Y.
6.
No Recourse Against the City. Every permit shall provide that, without limiting
such immunities as the City or other persons may have under applicable law, an
Applicant/Permit Holder shall have no monetary recourse whatsoever against the
City or its elected officials, boards, commissions, agents, employees or volunteers
for any loss, costs, expense or damage arising out of any provision or requirement
of this Ordinance or because of the enforcement or lack of enforcement of this
Ordinance or the City’s exercise of its authority pursuant to this Ordinance, a
permit, a lease, or other applicable law, unless the same shall be caused by
criminal acts or by willful gross negligence. Nothing herein shall be construed as
a waiver of sovereign immunity.
Applications for Telecommunications Facilities
A.
An application for a Telecommunications Facility Permit for modification of an
existing tower or base station that does not substantially change the physical
dimensions of such tower or base station shall include information sufficient to
demonstrate that the modification meets the standards set forth in 47 C.F.R.
Section 1.40001.
B.
For all other applications for Telecommunications Facilities, including
Telecommunication Facilities Permit or Conditional Use Permit, the following
requirements apply. In addition to an Applicant’s name, address, certificate of
survey, grading and landscaping plans, and other such similar information, an
application for a permit under this Section shall include the following:
1.
A scaled site plan clearly indicating the location, type and height of the
proposed Telecommunication Facility, Tower, or Antenna, on-site land
uses and zoning, adjacent land uses and zoning, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed equipment and any structures, topography,
parking and any other information deemed by the City Staff to be
necessary to assess compliance with this Section.
2.
A visual simulation of the proposed Telecommunication Facility Tower or
Antenna. Visual simulation shall consist of either a physical mock-up of
the Telecommunication Facility Tower or Antenna, balloon simulation,
computer simulation, photo simulation, or other similar simulation. In
instances where the proposed Telecommunications Facility Tower or
Antenna is located near a residential area, photo simulations shall be
submitted of the proposed Telecommunication Facility Tower or Antenna
31-14
from the nearest residential neighbors unless the owners of such
residential property refuse to allow the required photo to be taken.
3.
A report from a qualified and licensed professional engineer which:
a.
Demonstrates that the Telecommunication Facility, Tower,
Antenna and/or Accessory Equipment comply with the structural
and electrical standards of this Section.
b.
Describes the Tower height, if utilized.
c.
Documents the height above grade for all potential mounting
positions for co-locating Antennas and the minimum separation
distance between Antennas.
d.
Describes the Tower’s capacity, if utilized, including the number
and type of Antennas it can accommodate.
e.
A network map describing all of the Applicant’s
Telecommunications Facilities which provide any coverage within
the City’s limits.
f.
Documents what steps the Applicant shall take to avoid
interference with established public safety Telecommunications.
g.
Includes an engineer’s stamp and registration number.
4.
A written statement acknowledging that failure to comply with this
Section and the conditions of permit approval shall result in the revocation
of the permit and removal of the Telecommunications Facility, Antenna,
and/or Tower;
5.
Documentation that the Applicant has applied for and/or obtained any
licenses and/or approvals that are required by federal and state agencies.
6.
A written statement indicating that the expenses incurred by the City to
review and process the application, and to enforce the provisions of the
permit shall be reimbursed by the Applicant.
7.
A written statement which requires the Applicant to utilize the procedures
established by the Federal Communications Commission to resolve any
complaints received relating to interference allegedly caused by the
Telecommunications Facility, Antenna, and/or Tower.
31-15
C.
8.
A written statement indicating that the Applicant shall cooperate in good
faith and fair dealing in co-locating Telecommunications Facilities,
Antenna and/or Towers.
9.
A written statement indicating that the Telecommunications Facility,
Antenna, and/or Tower shall be maintained in good and safe condition and
its original appearance and concealment, disguise or camouflage elements
incorporated into the design at the time of approval shall be preserved.
Such maintenance shall include, but not be limited to, painting, repair of
equipment, and maintenance of landscaping.
10.
A written statement authorizing the City to conduct periodic inspections to
determine that the Telecommunications Equipment complies with the
provisions of this Section, any conditions of approval and all safety and
building codes and permits issued. This statement shall give the City the
right to conduct such inspections at any time upon a reasonable notice of
five (5) business days to the Applicant, and that all expenses related to
such inspections shall be borne by the Applicant.
11.
A written statement indicating that the Applicant understands that
Telecommunications Facilities, Antennas, and/or Towers which have not
been used for six (6) months shall be deemed abandoned, and shall be
removed pursuant to this Section.
12.
A written statement requiring the Applicant or current Permit Holder to
notify the City that the Telecommunications Facility, Antenna, and/or
Tower continue to be in operation. The notice of continuing operation
shall be sent to the City Manager annually by certified mail within the last
two (2) weeks of the month of December. The City shall provide written
notice of failure to provide the required statement with a requirement that
such statement be provided within 14 days from the date of such notice.
Telecommunications Facilities Permit. The Zoning Administrator may review an
application for a Telecommunication Facilities Permit, according to the following
procedures:
1.
Standards of Review. The review of a Telecommunications Facilities
Permit is subject to the standards outlined in Section 801.31.4 for the type
of Telecommunications Facility being proposed, and the General
Standards for Telecommunication Facilities outlined in Section 801.31.5.
2.
Decision: The Zoning Administrator will render a decision of approval or
denial within 60 days, and serve a copy of the decision to the Applicant by
mail.
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D.
7.
3.
Term of Approval. If approved by the Zoning Administrator, the work
authorized under a Telecommunications Facility Permit must be
completed within six (6) months after the date of its issuance, or the
permit shall become null and void.
4.
Appeal. At any time within thirty (30) days after a written order,
requirement, determination or final decision has been made by the Zoning
Administrator or other official interpreting or applying this Section, except
for actions taken in connection with prosecutions for violations thereof,
the Applicant or any other person affected by such action may appeal the
decision in accordance with the provisions Section 801.06 of this
Ordinance.
Conditional Use Permit. The City shall process all applications for Conditional
Use Permits in a timely manner and in accordance with established procedures
and City Code 801.04.
Revocation of Permit.
A material breach of any terms and conditions of a permit issued for a
Telecommunication Facility under this Section and the Zoning Ordinance may result in
the revocation of the permit by the City. Penalties for a violation of a permit or this
Section may include fines and removal of the Telecommunication Facility, Tower, or
Antenna at the Applicant’s/Permit Holder’s expense.
8.
No Recourse Against the City.
Every application for and issued permit shall provide a written acknowledgement,
agreement and release from the Applicant and Permit Holder that, without limiting such
immunities as the City or other persons may have under applicable law, an Applicant and
Permit Holder shall have no monetary recourse whatsoever against the City or its elected
officials, boards, commissions, agents, employees or volunteers for any loss, costs,
expense or damage arising out of any provision or requirement of this Ordinance or
because of the enforcement or lack of enforcement of this Ordinance or the City’s
exercise of or failure to exercise its authority pursuant to this Ordinance, a permit, a lease,
or other applicable law, unless the same shall be caused by criminal acts or by gross
negligence. Nothing herein shall be construed as a waiver of sovereign immunity.
9.
Indemnification.
Each permit issued pursuant to this Section shall have as a condition of the permit, a
requirement that the Applicant indemnify and hold harmless the City and its officers,
agents, and employees from actions or claims of any description brought on account of
any injury or damages sustained by any person or property resulting from the issuance of
the permit and conduct of the activities authorized under said permit.
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10.
Severability.
If any section, subsection, sentence, clause or phrase of this Section is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this
Section. The City Council hereby declares that it would have passed this Section and
each section, subsection, sentence, clause , and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, or phrases may be declared
invalid.
11.
Residential Accessory Uses.
Residential Accessory Communication Devices are a permitted accessory use within
residential districts provided they meet the following conditions:
A.
Use. They are for use by residents upon whose property the Residential
Accessory Communication Devices are located.
B.
Height. A ground mounted Residential Accessory Communication Device height
shall not exceed fifteen (15) feet unless approved as a Conditional Use Permit by
the City Council.
C.
Yards. The Residential Accessory Communication Device shall not be located
within the required front yard setback, a required side yard or any side yard
abutting a street. Communication devices shall be located five (5) feet or more
from rear lot lines and shall not be located within a utility easement.
D.
Roofs. The Residential Accessory Communication Device may be placed on the
roof of any authorized structure on the premises. The height of the Residential
Accessory Communication Device shall not exceed six and one-half (6-1/2) feet
above the peak of the roof, unless approved by a Conditional Use Permit by the
City Council.
E.
Neighboring Property Impact. In cases where no building permit is required,
the Residential Accessory Communication Device shall be so located that in the
event it falls, it shall not fall on adjoining property.
F.
Building Permits. A building permit shall be required for the installation of any
Residential Accessory Communication Device which requires a Conditional Use
Permit, or for any device which has a structural surface exposure of greater than
nine (9) square feet. Building permit applications shall be accompanied by a site
plan and structural components data for the Residential Accessory
Communication Device, including details of anchoring. The Building Official
shall approve the plans before installation.
G.
Color/Content. Residential Accessory Communication Devices shall be of a
neutral color and shall not be painted with scenes or contain letters or messages.
31-18
H.
Lightning Protection. Each Residential Accessory Communication Device shall
be grounded to protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the City of Wayzata.
I.
Electrical Code. Residential Accessory Communication Device electrical
equipment and connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the City of Wayzata.
J.
Effective Date. The provisions of this Section shall be applicable to all
communication reception/transmission devices erected after January 5, 2016. All
such structures existing prior to this date shall be addressed as legal nonconforming uses.
K.
Conditional Use Permit. Residential Accessory Communication Devices not
qualifying as a permitted accessory use may be considered and approved through
conditional use standards established by Section 801.04 of this Ordinance.
31-19
SECTION 32
PUBLIC PROPERTY/RIGHTS-OF-WAY
Section 801.32:
801.32.1:
801.32.2:
801.32.1:
Coverage
Liability
COVERAGE:
The erection and/or placement of any structure in the public right-of-way or on City
property by any person, or group other than the City of Wayzata, Hennepin County,
Metropolitan Public Agency or the State of Minnesota, shall require the processing of a
conditional use permit in accordance with Section 801.04 of this Ordinance.
801.32.2:
LIABILITY:
As a condition of approval for the erection or placement of a structure in the public rightof-way, or on City property by any party other than a governmental unit, the applicant
shall be required to sign a contract with the City that holds harmless the City of Wayzata
for any potential liability and shall demonstrate to the City proof of adequate liability
insurance.
32-1
SECTION 33
PLANNED UNIT DEVELOPMENT
Section 801.33:
801.33.1:
801.33.2:
801.33.3:
801.33.4:
801.33.5:
801.33.6:
801.33.7:
801.33.8:
801.33.9:
801.33.10:
801.33.1:
Purpose
Requirements, Conditions and Standards for Approving PUD Permits
Residential Area Standards
Non-Residential Project Standards
Concept Plan
General Plan of Development
Final Plan Stage
PUD Progress Evaluation
Amendment of a PUD Permit
General Requirements
PURPOSE:
This Section is established to provide comprehensive procedures and standards designed
to all greater flexibility in the development of neighborhoods and/or non-residential areas
by incorporating design modifications as part of a PUD conditional use permit or a
mixture of uses when applied to a PUD District. The PUD process, by allowing
deviation from the strict provisions of this Ordinance related to setbacks, lot area, width
and depth, yards, etc., is intended to encourage:
A.
Innovations in development to the end that the growing demands for all styles of
economic expansion may be met by greater variety in type, design, and placement of
structures and by the conservation and more efficient use of land in such developments.
B.
Higher standards of site and building design through the use of trained and experienced
land planners, architects, landscape architects and engineers.
C.
More convenience in location and design of development and service facilities.
D.
The preservation and enhancement of desirable site characteristics such as natural
topography and geologic features and the prevention of soil erosion.
E.
A creative use of land and related physical development which allows a phased and
orderly development and use pattern.
F.
An efficient use of land resulting in smaller networks of utilities and streets thereby lower
development costs and public investments.
G.
A development pattern in harmony with the objectives of the Wayzata Comprehensive
Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.)
H.
A more desirable and creative environment than might be possible through the strict
application on zoning and subdivision regulations of the City.
33-1
801.33.2:
A.
REQUIREMENTS, CONDITIONS AND STANDARDS FOR APPROVING
P.U.D. PERMITS
General Standards
1.
In its review of any application under this Section, the City Council shall
consider comments on the application of those persons appearing before the
Council, the report and recommendations of the Planning Commission, the
recommendations of the Design Review Board and any staff report on the
application. The Council also shall evaluate the effects of the proposed project
upon the health, safety and welfare of residents of the community and the
surrounding area and shall evaluate the project's conformance with the overall
intent and purpose of this Section. If the Council determines that the proposed
project will not be detrimental to the health, safety and welfare of residents of the
community and the surrounding area and that the project does conform with the
overall intent and purpose of this Section, it may approve a PUD permit,
although it shall not be required to do so.
2.
Ownership. An application for a PUD District or conditional use permit approval
must be filed by the land owner or jointly by all land owners of the property
included in a project. The application and all submissions must be directed to the
development of the property as a unified whole. In the case of multiple
ownership, the approved Final Plan shall be binding on all owners.
3.
Comprehensive Plan Consistency. The proposed PUD shall be consistent with
the City Comprehensive Plan.
4.
Sanitary Sewer Plan Consistency. The proposed PUD shall be consistent with
the City Comprehensive Sewer Plan and shall not create a discharge which is in
excess of the City's assigned regional limitations.
5.
Common Open Space. Common private or public open space and facilities at
least sufficient to meet the minimum requirements established in the
Comprehensive Plan and such complementary structures and improvements as
are necessary and appropriate for the benefit and enjoyment of the residents of
the PUD shall be provided within the area of the PUD development.
6.
Operating and Maintenance Requirements for PUD Common Open Space
Facilities. Whenever common private or public open space or service facilities
are provided within the PUD, the PUD plan shall contain provisions to assure the
continued operation and maintenance of such open space and service facilities to
a predetermined reasonable standard. Common private or public open space and
service facilities within a PUD may be placed under the ownership of one or
more of the following, as approved by the City Council:
a.
Dedicated to public, where a community-wide use is anticipated and the
City Council agrees to accept the dedication.
b.
Landlord control, where only use by tenants is anticipated.
c.
Property Owners Association, provided all of the following conditions
are met:
33-2
(1)
Prior to the use or occupancy or sale or the execution of
contracts for sale of an individual building unit, parcel, tracts,
townhouse, apartment, or common area, a declaration of
covenants, conditions and restrictions or an equivalent document
or a document such as specified by Laws 1963, Chapter 457,
Section 11 and a set of floor plans such as specified by Laws
1963, Chapter 457, Section 13 shall be filed with the City of
Wayzata, said filing with the City to be made prior to the filings
of said declaration or document or floor plans with the recording
officers of the County.
(2)
The declaration of covenants, conditions and restrictions or
equivalent document shall specify that deeds, leases or
documents of conveyance affecting buildings, units, parcels,
tracts, townhouses, or apartments shall subject said properties to
the terms of said declaration.
(3)
The declaration of covenants, conditions and restrictions shall
provide that an owner's association or corporation shall be
formed and that all owners shall be members of said association
or corporation which shall maintain all properties and common
areas in good repair and which shall assess individual property
owners proportionate shares of joint or common costs. This
declaration shall be subject to the review and approval of the
City Attorney. The intent of this requirement is to protect the
property values of the individual owner through establishing
private control.
(4)
The declaration shall additionally amongst other things, provide
that in the event the association or corporation fails to maintain
properties in accordance with the applicable rules and
regulations of the City of Wayzata or fails to pay taxes or
assessments on properties as they become due and in the event
the said City of Wayzata incurs any expenses in enforcing its
rules and regulations, which said expenses are not immediately
reimbursed by the association or corporation, then the City of
Wayzata shall have the right to assess each property its prorate
share of said expenses. Such assessments, together with interest
thereon and costs of collection, shall be a lien on each property
against which each such assessment is made.
(5)
Membership must be mandatory for each owner, and any
successive buyer.
(6)
The open space restrictions must be permanent and not for a
given period of years.
(7)
The association must be responsible for liability insurance, local
taxes, and the maintenance of the open space facilities deeded to
it.
33-3
(8)
Property owner must pay their prorate share of the cost of the
association by means of an assessment to be levied by the
association which meets the requirements for becoming a lien on
the property in accordance with Minnesota Statutes.
(9)
The association must be able to adjust the assessment to meet
changed needs.
7.
Staging of Public and Common Open Space. When a PUD provides for common
private or public open space, and is planned as a staged development over a
period of time, the total area of common or public open space or land escrow
security in any stage of development shall, at a minimum, bear the same
relationship to the total open space to be provided in the entire PUD as the stages
or units completed or under development bear to the entire PUD.
8.
Density.
a.
The maximum allowable density in a PUD District shall be determined
by standards negotiated and agreed upon between the applicant and the
City. In all cases, the negotiated standards shall be consistent with the
development policies as contained in the Wayzata Comprehensive Plan.
Whenever any PUD is to be developed in stages, no such stage shall,
when averaged with all previously completed stages, have a residential
density that exceeds one hundred twenty-five (125) percent of the
proposed residential density of the entire PUD.
b.
There shall be no density variation from the standards applied in an
applicable zoning district for PUD conditional use permits.
9.
Utilities. In any PUD, all utilities, including telephone, electricity, gas and
telecable shall be installed underground.
10.
Utility Connections.
a.
Water Connections. Where more than one property is served from the
same service line, individual unit shut off valves shall be provided as
required by the City Engineer.
b.
Sewer Connections. Where more than one (1) unit is served by a
sanitary sewer lateral which exceeds three hundred (300) feet in length,
provision must be made for a manhole to allow adequate cleaning and
maintenance of the lateral. All maintenance and cleaning shall be the
responsibility of the property owners association or owner.
11.
Roadways. All streets shall conform to the design standards contained in the
Wayzata Subdivision Regulations unless otherwise approved by the City
Council.
12.
Landscaping. In any PUD, landscaping shall be provided according to a plan
approved by the City Council, which shall include a detailed planting list with
sizes and species indicated as part of the Final Plan. In assessing the landscaping
plan, the City Council shall consider the natural features of the particular site, the
architectural characteristics of the proposed structure and the overall scheme of
the PUD plan.
13.
Setbacks.
The front, rear and side yard restrictions on the periphery of the
a.
33-4
Planned Unit Development site at a minimum shall be the same as
imposed in the underlying districts, if a PUD condition use permit,
or the previous zoning district, if a PUD District.
14.
801.33.3:
A.
b.
No building shall be located less than fifteen (15) feet from the
back of the curb line along those roadways which are part of the
internal street pattern.
c.
No building within the project shall be nearer to another building than
one-half (1/2) the sum of the building heights of the two (2) buildings.
d.
In PUD Districts that were zoned commercial prior to PUD and
exceed 13 acres, the allowable setbacks shall be as negotiated and
agreed upon between the applicant and the City.
Height.
a.
The maximum building height within a PUD District shall be thirty
five (35) feet and three (3) stories, whichever is lesser.
b.
There shall be no deviation from the height standards applied within the
applicable zoning districts for PUD conditional use permits.
c.
In PUD Districts that were zoned commercial prior to PUD and
exceed 13 acres, the maximum allowable height shall be as
negotiated and agreed upon between the applicant and the City.
RESIDENTIAL AREA STANDARDS:
Purpose. The purpose of this Section is to establish standards for single family, multiple
family, institutional and other residential PUD District and conditional use permit
projects, in addition to those standards contained elsewhere in this Ordinance for all PUD
projects. All residential PUD projects shall be developed in accordance with the
following residential area standards:
1.
Minimum Lot Area. There shall be no minimum lot or area size required for a
tract of land for which a PUD District project is proposed. There shall be no
minimum lot or area size imposed for a PUD conditional project except for
standards applicable within the zoning district in which it is utilized.
2.
Minimum Frontage. There shall be no minimum frontage on a public street
required for a tract of land for which a PUD project is proposed.
3.
The tract of land for which a PUD project is proposed shall have municipal water
and sewer available to it.
4.
It is the City's policy to discourage private roadways within a residential PUD
project. Regardless if roads are private or dedicated to the public, they shall be
designed to right-of-way widths and constructed to standards imposed by the
Wayzata Subdivision Regulations.
5.
For single family residential PUD District projects, the normal standards of either
the R-1A, R-1, R-2, or R-3 zoning districts shall apply to each project, excepting
33-5
usage standards, as determined by the City Council and as provided above in
Section 801.33.2, Subd. 3.
6.
For multiple family residential PUD District projects, the normal standards of
either the R-4 or R-5 Zoning Districts shall apply to each project, excepting
usage standards, as determined by the City Council and as provided above in
Section 801.33.2, Subd. 1.
7.
In addition to the above standards, the City Council may impose such other
standards for a residential PUD project as are reasonable and as the Council
deems are necessary to protect and promote the general health, safety and welfare
of the community and the surrounding area.
801.33.4:
A.
NON-RESIDENTIAL PROJECT STANDARDS:
Purpose. The purpose of this Section is to establish standards for non-residential
projects, in addition to those standards contained elsewhere in this Ordinance for all PUD
projects. All non-residential PUD projects shall be developed in accordance with the
following area standards:
1.
Minimum Lot Area. There shall be no minimum lot or area size required for a
tract of land for which a PUD District project is proposed. There shall be no
minimum lot or area size imposed for a PUD conditional project except for the
standards applicable within the zoning district in which it is to be utilized.
2.
Minimum Frontage. There shall be no minimum frontage on a public street
required for a tract of land for which a PUD project is proposed.
3.
The tract of land for which a non-residential PUD project is proposed shall have
municipal water and sewer available to it.
4.
Off-street parking and loading facilities for a non-residential PUD project shall
be provided in accordance with Section 20 of this Ordinance.
5.
In addition to the above standards, the City Council may impose such other
standards for a non-residential PUD project as are reasonable and as the Council
deems are necessary to protect and promote the general health, safety and welfare
of the community and the surrounding area.
6.
For non-residential PUD District projects that include residentially zoned
properties, the normal standards of either the C-1, C-2, C-3, C-4, C-4A, C-4B,
INS, RD and BW zoning classifications shall apply to each project, excepting
usage standards, unless the Council determines that another standard is more
appropriate, reasonable and consistent with the overall purpose and intent of this
ordinance, and will not have a negative impact on the general health, safety and
welfare of the community and the surrounding area.
801.33.5:
CONCEPT PLAN:
In cases of single stage PUDs or for projects of limited size and scope, the
applicant may, at the discretion of the Zoning Administrator, submit the General
Plan of Development for the proposed PUD simultaneously with the submission
of a Concept Plan. The applicant shall comply with all provisions of this section
applicable to submission of General Plan of Development. The Planning
Commission and City Council shall consider such plans simultaneously and shall
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grant or deny a General Plan of Development in accordance with the provisions
of Section 801.33.6. hereof.
B.
C.
Application Procedure.
1.
As the first step in the application procedure for a PUD permit, an applicant shall
complete and submit to the City an application form for concept approval,
together with a fee as determined by City Council resolution. The applicant shall
submit with his application such information as is required by the City and such
other information as he deems necessary to explain the general intent of the
application. Should concept approval be granted for a PUD project, this approval
in no way shall bind the City to subsequent approval of a General Plan of
Development.
2.
Once an application for concept approval is complete, the Zoning Administrator
shall refer it to the Planning Commission for a public hearing. All property
owners within three hundred fifty (350) feet (public right-of-way shall not be
included in such measurement) of the subject property shall be notified of this
hearing, as listed in the records of the City Assessor, although the failure of any
property owner to receive such notification shall not invalidate the proceedings.
Notification shall be by mail to all such property owners, shall be given at least
ten (10) days in advance of the hearing, and may include a larger geographic area
if deemed advisable by the Zoning Administrator.
The Concept Plan of development submitted for a PUD project shall include as
applicable, but not limited to the following information, which information shall be
submitted to the City before the first day of the preceding month of Planning Commission
hearing.
1.
2.
General Information.
a.
The landowner's name and address and his interest in the subject
property.
b.
The applicant's name and address if different from the landowner.
c.
The names and addresses of all professional consultants who have
contributed to the development of the PUD plan being submitted,
including attorney, land planner, engineer and surveyor.
d.
Evidence that applicant has sufficient control over the subject property to
effectuate the proposed PUD including a statement of all legal,
beneficial, tenancy and contractual interests held in or affecting the
subject property and including an up-to-date certificate of title, abstract
of title, or registered property report, and such other evidence as the City
Attorney may require to show the status of title or control of the subject
property.
Present Status.
a.
Address and legal description of subject property.
b.
Existing zoning classification and present use of subject property and all
lands within one thousand (1,000) feet of subject property.
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c.
A map depicting existing development of subject property and all land
within one thousand (1,000) feet thereof and locations of existing streets,
property lines, easements, water mains and storm and sanitary sewers,
with invert elevations on and within one hundred (100) feet of subject
property.
3.
A written statement generally describing the proposed PUD and the market
which it is intended to serve and the market demand. The statement is also to
demonstrate the proposed PUD's relationship to the City's Comprehensive Plan
and how the proposed PUD is to be designed, arranged and operated in order to
permit the development and use of neighboring property in accordance with the
applicable regulations of the City.
4.
Site Conditions. Graphic reproductions of the existing site conditions at a scale
of one hundred (100) feet.
a.
Contours - minimum two (2) foot intervals.
b.
Location, type and extent of tree cover and vegetation.
c.
Slope analysis.
d.
Location and extent of water bodies, wetlands and streams and
floodplains within three hundred (300) feet of the subject property.
e.
Significant rock outcroppings.
f.
Existing drainage patterns.
g.
Vistas and significant views.
h.
Soil conditions as they affect development.
i.
All of the graphics should be the same scale as the final plan to allow
each cross-reference. The use of overlays is recommended for clear
reference.
5.
Schematic drawings of the proposed development concept including, but not
limited to, the general location of major circulation elements, public and common
open space, buildings, structures, and other land uses, and buffering and
screening.
6.
A statement of the estimated total number of dwellings units or square feet of
developed land use activities proposed for the PUD and a tabulation of the
proposed approximately allocations of land use expressed in acres and as a
percent of the total project area, which shall include at least the following as
applicable:
a.
Area devoted to residential uses.
b.
Area devoted to residential use by building type.
c.
Area devoted to common open space.
d.
Area devoted to public open space.
e.
Approximate area devoted to streets.
f.
Approximate area devoted to and number of off-street parking and
loading spaces and related access.
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g.
Approximate area, and floor area, devoted to commercial uses.
h.
Approximately area, and floor area, devoted to industrial or office use.
7.
When the PUD is to be constructed in stages during a period of time extending
beyond a single construction season, a schedule for the development of such
stages or units shall be submitted stating the approximate beginning and
completion date for each such stage or unit and the proportion of the total PUD
public or common open space and structures/units to be provided or constructed
during each such stage and the overall chronology of development to be followed
from stage to stage.
8.
When the proposed PUD includes provisions for public or common open space
or service facilities, a statement describing the provision that is to be made for
the care and maintenance of such open space or service facilities.
9.
General intents of any restrictive covenants that are to be recorded with respect to
property included in the proposed PUD.
10.
Schematic utilities plans indicating placement of water, sanitary and storm
sewers.
11.
The Planning Commission may excuse an applicant from submitting any specific
item of information or document required in this stage, which it finds to be
unnecessary to the consideration of the specific proposal for PUD approval.
12.
The Planning Commission may require the submission of any
additionalinformation or documentation which it may find necessary or
appropriate to full consideration of the proposed PUD or any aspect or stage
thereof.
13.
Action by the Planning Commission.
a.
The Planning Commission shall hold the public hearing on an application
for concept approval at its first regular meeting following appropriate
legal notice as outlined above. The petitioner and/or his representative
shall appear before the Planning Commission at this hearing to answer
questions regarding the proposed project.
b.
Within sixty (60) days following the public hearing on any such
application, the Planning Commission shall forward a report on the
application to the City Council, and it shall recommend approval of the
application as submitted, approval of the application subject to certain
modifications or conditions therein, or disapproval of the application. If
no action on an application is taken by the Planning Commission within
sixty (60) days, and there has been no delay caused or requested by the
applicant, the application shall be forwarded to the City Council without
comment.
c.
Within the permitted period of time while an application is under
consideration by the Planning Commission an applicant shall be allowed
to make such amendments to his proposal as are requested by the City
staff or the Planning Commission or as the applicant himself may desire
to effect. An applicant may request a delay in the proceedings before the
Planning Commission in order to modify or amend his proposal, but in
no event shall any such delay continue the proceedings for a period
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greater than one hundred twenty (120) days from the date of the initial
public hearing thereon.
14.
801.33.6:
Action by the City Council.
a.
Once an application under this Article has been forwarded to the City
Council the applicant shall present his proposal before the Council in an
open meeting, and questions or comments on the application shall be
allowed from any person required to be notified of the application or
claiming to have an interest therein. If in the Council's opinion a proposal
has been substantially amended in proceedings before the Planning
Commission the Council may hold a new public hearing on the
application.
b.
Within sixty (60) days of its initial meeting on an application, the City
Council shall approve the application as originally submitted or as
amended, shall approve the application with certain modifications or
conditions therein, shall deny the application, shall request amendment
of the application, shall refer the application back to the Planning
Commission for further review. At this time, the Council also shall
indicate the controlling standards to be used in further evaluation and
planning of the project, in accordance with Section 801.33.5 hereof. If
an application is referred back to the Planning Commission, final
Council action thereon shall be taken within sixty (60) days of the date of
referral. The affirmative majority vote (3 of 5) of the Council shall be
required for approval of a Concept Plan, except when the proposed PUD
would change the existing zoning from residential to commercial where a
two-thirds majority vote (4 of 5) of the City Council is required.
GENERAL PLAN OF DEVELOPMENT:
A.
If a request for concept approval of a PUD project has been approved by the City
Council, as the next step in the application procedure, an applicant shall submit to the
City a General Plan of Development for the proposed project as required herein, together
with a fee as determined by City Council resolution.
B.
A general plan of development for the proposed project shall be submitted within six (6)
months of approval of the concept plan unless a time extension is approved by the City
Council.
C.
The General Plan of Development stage submissions should depict and outline the
proposed implementations of the General Concept Plan stage for the PUD. Information
from the General Concept stage may be included for background and to provide a basis
for the submitted plan. The General Plan of Development stage submissions shall
include but not be limited to:
1.
Present and possible new zoning classifications required for development stage
submission and any other public decisions necessary for implementation of the
proposed plan.
2.
Preliminary plans, drawn to scale of not less than one (1) inch equals one
hundred (100) feet (or scale requested by the City Manager) containing at least
the following information:
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a.
Proposed name of the development (which shall not duplicate nor be
similar in pronunciation to the name of any plat theretofore recorded in
the County).
b.
Property boundary lines and dimensions of the property and any
significant topographical or physical features of the property.
c.
The location, size, use and arrangement, including height in stories and
feet and total square feet of ground area coverage and floor area, of
proposed buildings, including model homes, and existing buildings
which will remain, if any. Also all required setback lines shall be
depicted.
d.
Location, dimensions of all driveways, entrances, curb cuts, parking
stalls, loading spaces and access aisles, and all other circulation elements
including bike and pedestrian; and the total site coverage of all
circulation elements.
e.
Location, designation and total area of all common private open space
and facilities.
f.
Location, designation and total area proposed to be conveyed or
dedicated for public open space, including parks, playgrounds, school
sites and recreational facilities.
g.
Proposed lots and blocks, if any, and numbering system.
h.
The location, use and size of structures and other land uses on adjacent
properties.
i.
A detailed, drawn to scale, landscape plan and planting specifications
showing the areas to be sodded and the location, size and species of all
trees and shrubbery to be planted.
j.
General grading and drainage plans for the developed PUD.
k.
A detailed plan illuminating size, location and structural specifications
for exterior signing and lighting.
l.
Any other information that may have been required by the City staff,
Planning Commission or City Council in conjunction with the approval
of the General Concept Plan.
3.
An accurate legal description of the entire area within the PUD for which final
development plan approval is sought.
4.
Where applicable, a tabulation indicating the number of residential dwellings
units and expected population.
5.
Where applicable, a tabulation indicating the gross square footage, if any, of
commercial and industrial floor space by type of activity (e.g. drug store, dry
cleaning, supermarket).
6.
Preliminary architectural "typical" plans indicating use, floor plan, elevations and
exterior wall finishes of proposed building, including model homes.
7.
A detailed site plan, suitable for recording, showing the physical layout, design
and purpose of all streets, easements, rights-of-way, utility lines and facilities,
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lots, block, public and common private open space, general landscaping plan,
structure, including model homes, and uses.
D.
8.
A traffic flow plan and analysis.
9.
A solid waste disposal procedures and provisions.
10.
Preliminary grading and site alteration plan illustrating changes to existing
topography and natural site vegetation. The plan should clearly reflect the site
treatment and its conformance with the approved Concept Plan.
11.
A preliminary plat prepared in accordance with the Wayzata Subdivision
Regulations.
12.
An environmental impact analysis and soil erosion control plan acceptable to the
Watershed District, Department of Natural Resources, Soil Conservation Service,
or any other agency with review authority clearly illustrating erosion control
measures to be used during construction and as permanent measures.
13.
A statement summarizing all changes, which have been made in any document,
plan data or information previously submitted, together with revised copies of
such document, plan or data.
14.
Such other and further information as the City staff, Planning Commission, or
Council shall find necessary to a full consideration of the entire proposed PUD or
any stage thereof.
15.
The Planning Commission may excuse an applicant from submitting any specific
item of information or document required in this Section which it finds to be
unnecessary to the consideration of the specific proposal for PUD approval.
Once an application for a General Plan of Development is complete, the Zoning
Administrator shall refer it to the Planning Commission for a public hearing. The same
notification procedure for this hearing shall be followed as was followed with respect to
the applicant's Concept Plan, outlined in Section 801.33.5.
1.
Action by the Planning Commission.
a.
2.
The same review procedure by the Planning Commission shall be
followed for a General Plan of Development as was followed with
respect to the applicant's Concept Plan, outlined above in Section
801.33.5.
Action by the City Council.
a.
The same review procedure by the City Council shall be followed for a
General Plan of Development as was followed with respect to the
applicant's Concept Plan, outlined above in Section 801.33.5.
b.
The affirmative majority vote (3 of 5) of the Council shall be required for
approval of a General Plan of development, except when the proposed
PUD would change the existing zoning from residential to commercial,
where a two-thirds majority vote (4 of 5) of the City Council is required.
The approval of a General Plan of Development shall constitute the
approval of a PUD permit.
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801.33.7:
FINAL PLAN STAGE:
The same sixty (60) day procedure as outlined in Section 801.04.2.K of this Zoning
Ordinance is required under State law for PUDs. After approval of a Concept Plan for
the PUD and approval of a General Plan of Development Plan for all or a section of the
proposed PUD, the applicant will submit the following material for review by the City
staff prior to issuance of a building permit(s).
A.
Proof of recording any easements and restrictive covenants prior to sale of any land or
dwelling unit within the PUD and of the establishment and activation of any entity that is
to be responsible for the management and maintenance of any public or common open
space or service facility.
B.
All certificates, seals and signatures required for the dedication of land and recording of
documents.
C.
Final architectural working drawings of all structures.
D.
A final plat and final engineering plans and specifications for streets, utilities and other
public improvements, together with a Community/Development Agreement for the
installation of such improvements and financial guarantees for the completion of such
improvements.
E.
Any other plan, agreements or specifications necessary for the City staff to review the
proposed construction. All work must be in conformance with the Minnesota State
Building Code.
801.33.8:
PUD PROGRESS EVALUATION:
If periodic review of a PUD project is included as a condition to the approval of a PUD
permit, such a project shall be reviewed by the City Council. The Council may at its
discretion call a public hearing as part of its review. Notice of such hearing shall be
given in the same manner as outlined in Section 801.33.5 for review of a Concept Plan.
801.33.9:
AMENDMENT OF A PUD PERMIT:
A.
Application Procedures. Any deviation or modification from the terms or conditions of
an approved PUD permit or any alteration in a project for which a PUD permit has been
approved shall require an amendment of the original permit. An application for
amendment of the original PUD permit specifying the proposed variance or alteration
shall be submitted to the City, together with a fee established by City Council resolution
and such information as is required by the City or as the applicant deems necessary to
fully explain his application. Should the applicant request an amendment of a PUD
permit to erect an additional building or buildings, the applicant fee therefor shall be
established by City Council resolution. In either case, the applicant also shall pay, as an
additional fee, any consulting expenses which are incurred by the City in review of the
application. The same application and hearing procedure for an amendment of a PUD
permit shall be followed as was followed with respect to the applicant's Concept Plan, as
outlined in Section 801.33.5.
B.
Action by the Planning Commission and City Council. The same review procedure by
the Planning Commission and City Council shall be followed for an amendment of a
PUD permit as was followed with respect to the applicant's Concept Plan, outlined in
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Section 801.33.5 and 801.33.6. The affirmative majority vote (3 of 5) of the City Council
shall be required for approval of an amendment of a PUD permit.
801.33.10:
GENERAL REQUIREMENTS:
A.
Records. The Zoning Administrator shall maintain a record of all PUD permits issued by
the City, including information on a project's permitted uses, all pertinent project plans,
any conditions imposed on a project by the City Council, and such other information as
the Zoning Administrator may deem appropriate.
B.
Withdrawal of an Application. Any application under this Section may be withdrawn by
an applicant without prejudice at any time prior to final City Council action thereon.
C.
Resubmission of an Application. Once an application for a PUD permit has been denied
by the City Council, that application may not be resubmitted for a period of six (6)
months from the date of such denial.
D.
Cancellation of a PUD Permit. Physical implementation of any approved PUD project
must begin within twelve (12) months following City Council approval of the PUD
permit for that project, unless in granting such a permit the Council shall specify a
different period of time for project implementation. Failure to initiate project
implementation within the appropriate time period automatically shall cancel the PUD
permit for a project unless an extension of said permit is approved by the Council prior to
the date of cancellation. An application for extension of a PUD permit shall be
administered in the same manner as outlined in Section 801.04.6.B of this Ordinance for
extension of a conditional use permit. An existing PUD permit also shall be cancelled if
any rezoning or other action by the City shall occur which supersedes the permit.
E.
Qualifications of an Applicant. Any application under this Section shall be made only by
the owner of the property covered in the application or by his duly authorized
representative, provided, however, that an option-holder or a contract-holder also may
submit such an application if it is accomplished by a fully executed agreement or
document from the property owner stating that he has no objections to the proposed
project and that he is in fact joining in said application as his interest may appear.
F.
Financial Security to Assure Compliance. In order to insure that all improvements
contained in a General Plan of Development are completed in accordance with said Plan
and to insure that an applicant fully complies with all conditions of a PUD permit, the
applicant may be required to post a corporate surety bond, cash bond or letter of credit
guaranteeing the faithful performance of such work and compliance with such conditions.
Such security shall be in a form satisfactory to the City, shall be in an amount established
by the City Council, and shall cover each segment of each phase of a PUD project as
outlined in the General Plan of Development. However, the amount of said security may
be reduced or a portion of said bond may be released as specific segments of each phase
of development have been completed, upon approval by the City Council.
G.
Platting of a PUD Project. In the event that any approved PUD project is to be
subdivided into lots or parcels for the purpose of separate ownership, such a project first
shall be platted under the platting procedures of the City and Hennepin County in effect
at that time. The plat shall be processed according to standards contained in the Wayzata
Subdivision Regulations and in conjunction with the General Plan of Development as
outlined in Section 801.33.6.
H.
Conveyance of Property Within a PUD Project. In the event that any real property within
an approved PUD project is conveyed in total or in part, the buyer(s) thereof shall be
33-14
bound by all provisions of the PUD permit and the General Plan of Development for that
project. However, nothing in this Ordinance shall be construed as to make such
conveyed property non-conforming with regard to normal zoning standards as long as the
conveyed property conforms with the approved PUD permit and the General Plan of
Development for a project.
I.
Issuance of Building Permits. Following approval by the City Council of a PUD permit
and a building permit for the proposed structures within a PUD project, the Building
Official shall issue a building permit for such structures in compliance with this
Ordinance.
J.
Compliance with Overall Plan. Following Final Plan approval of a PUD, or a stage
thereof, the City Building Official, shall at least annually until the completion of
development, review all permits issued and construction undertaken and compare actual
development with the approved development schedule.
If the City Building Official finds that development is not proceeding in accordance with
the approved schedule, or that it fails in any other respect to comply with the PUD plans
as finally approved, he shall immediately notify the Council. Within thirty (30) days of
such notice, the Council shall either by ordinance or resolution as may be applicable,
revoke the PUD and the land shall thereafter be governed by the regulations applicable in
the district in which it is located, or shall take such steps as it shall deem necessary to
compel compliance with the Final Plan as approved; or shall require the land owner or
applicant to seek amendment of the Final Plan.
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SECTION 34
INTERIM USES
Section 801.34:
801.34.1:
801.34.2:
801.34.3:
801.34.4:
801.34.1:
Purpose and Intent
Procedures
General Standards
Termination
PURPOSE AND INTENT:
The purpose and intent of allowing interim uses is:
A.
To allow a use for a brief period of time, not in excess of one year, until a permanent
location is obtained or while the permanent location is under construction.
B.
To allow a use that is presently acceptable, but that with anticipated development or
redevelopment, will not be acceptable in the future.
C.
To allow a use which is reflective of anticipated long range change to an area and which
is in compliance with the Comprehensive Plan.
801.34.2:
PROCEDURE:
A.
Existing Uses. Uses defined as interim uses which presently exist and which were legally
established within a respective zoning district shall be considered approved.
B.
New Uses. Uses defined as interim uses which do not presently exist within a respective
zoning district shall be processed according to the standards and procedures for a
conditional use permit as established by Section 801.04.
801.34.3:
GENERAL STANDARDS:
An interim use shall comply with the following:
A.
Existing Uses. Shall be in conformance with zoning and building standards in effect at
the time of initial construction and development and shall continue to be governed by
such regulations in the future.
B.
New Uses.
C.
1.
Conforms to all zoning regulations as otherwise applicable.
2.
The date or event that will terminate the use can be identified with certainty.
3.
The existence of the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future; and
4.
The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
Existing Uses and New Uses.
1.
Shall maintain harmony and compatibility with surrounding uses and with the
architectural character and design standards of existing uses and development.
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2.
Conforms with all performance standards contained in the Zoning Ordinances
(i.e., parking, loading, noise, etc.).
3.
Shall have no detrimental effect upon the property values or the general health,
safety, and welfare of the surrounding uses and property owners.
4.
Traffic generated by the use does not overburden or exceed the capabilities of
streets and other public services and facilities, including parks, schools, streets
and utilities serving the area.
801.34.4:
TERMINATION:
An interim use shall terminate on the happening of any of the following events,
whichever first occurs:
A.
The date stated in the permit or ordinance.
B.
Upon violation of conditions under which the permit was issued.
C.
Upon change in the City's zoning regulations which render the use non-conforming.
D.
The redevelopment of the use and property upon which it is located to permitted or
conditional use as allowed within the respective zoning district.
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SECTION 35
ADULT USES
Section 801.35:
801.35.1:
801.35.2:
801.35.3:
801.35.4:
801.35.1:
Purpose
Adult Use-General
Adult Use-Principal
Adult Use-Accessory
PURPOSE:
The nature of adult uses is such that they are recognized as having adverse secondary
characteristics, particularly when they are accessible to minors and located near
residential property or related residential uses such as schools, day care centers, libraries
or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use
and enjoyment of adjacent areas. The nature of adult uses requires that they not be
allowed within certain zoning districts, or within minimum distances from each other or
residential uses. Special regulation of adult uses is necessary to ensure that the adverse
secondary effects would not contribute or enhance criminal activity in the area of such
uses nor will it contribute to the blighting or downgrading of the surrounding property
and lessening of its value.
801.35.2:
ADULT USE-GENERAL:
Adult uses as defined in this Ordinance shall be subject to the following general
provisions:
A.
Activities classified as obscene under Minnesota State law are not permitted and are
strictly prohibited.
B.
Adult uses, either principal or accessory, shall be prohibited from locating in any building
which is also utilized for residential purposes.
C.
Adult uses, either principal or accessory, shall be prohibited from locating in any place
which is also used to dispense or consume alcoholic beverages.
D.
An adult use which does not qualify as an accessory use shall be classified as an adult
use-principal.
801.35.3:
A.
ADULT USES-PRINCIPAL:
Adult use-principal shall be located at least two hundred (200) radial feet, as measured in
a straight line from the closest point of the building or actual leased space of the adult
use-principal to the property line of:
1.
Residentially zoned property
2.
A licensed day care center
3.
A public or private educational facility classified as an elementary, junior high or
senior high
4.
A public library
5.
A public park
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6.
An on-sale liquor establishment
B.
Adult use-principal shall be located at least two hundred fifty (250) radial feet from one
another, as measured in a straight line from the closest point of the building or actual
leased space of each adult use principal.
C.
The use shall be located within a building or actual leased space of a building within the
area allowable for adult use-principal uses. Buildings or leased space intersected by a
line representing the allowable area will be considered permissible only for that portion
of the building or leased space that is within the allowable area.
D.
Adult use-principal activities, as defined by this Ordinance, shall be classified as one use.
No two adult uses-principal shall be located in the same building or upon the same
property and each use shall be subject to Section 801.35.2.B and C.
E.
Adult use-principal shall adhere to the following signing regulations.
F.
1.
Sign messages shall be generic in nature and shall only identify the type of
business which is being conducted; and
2.
Shall not contain material classified as advertising; and
3.
Shall comply with the requirements of size and number for the district in which
they are located.
Adult use-principal activities shall be prohibited at any public show, movie, caravan,
circus, carnival, theatrical, or other performance or exhibition presented to the general
public where minors are permitted.
801.35.4:
A.
B.
C.
ADULT USES-ACCESSORY:
Adult use-accessory shall:
1.
Comprise no more than ten percent (10%) of the floor area, or in the case of
vertical or suspended type displays, an amount that would be equivalent to ten
percent (10%) of the floor area of the establishment in which it is located.
2.
Comprise no more than twenty percent (20%) of the gross receipts of the entire
business operation.
3.
Not involved or include any activity except the sale or rental of merchandise.
Adult use-accessory shall be restricted from and prohibit access to minors by the physical
separation of such items from areas of general public access:
1.
Movie Rentals. Display areas shall be restricted from general view and shall be
located within a separate room, the access of which is in clear view and under
the control of the persons responsible for the operation or controlled in some
other effective manner which meets with the approval of the Zoning
Administrator.
2.
Magazines. Publications classified or qualifying as adult uses shall not be
accessible to minors and shall be covered with a wrapper or other means to
prevent display of any material other than the publication title.
3.
Other Use. Adult uses-accessory not specifically cited shall comply with the
intent of this section subject to the approval of the Zoning Administrator.
Adult use-accessory shall be prohibited from both internal and external advertising and
signing of adult materials and products.
35-2
D.
Adult use-accessory activities shall be prohibited at any public show, movie, caravan,
circus, carnival, theatrical or other performance or exhibition presented to the general
public where minors are admitted.
35-3
SECTION 36
TREE PRESERVATION
Section 801.36:
801.36.1:
801.36.2:
801.36.3:
801.36.4:
801.36.5:
801.36.6:
801.36.7:
801.36.8:
801.36.9:
801.36.10:
1.
Purpose and Intent
Definitions
Establishment of Tree Preservation Zone
Applicability
Process
Tree Preservation Plan
Tree Protection
Tree Replacement
Financial Guarantee
Penalties
Purpose and Intent
The Wayzata City Council finds it is in the best interest of the City to protect, preserve,
and enhance the natural environment of the community and to encourage a resourceful
and prudent approach to the development and alteration of wooded areas. In the interest
of achieving these objectives, the City has established the comprehensive tree
preservation regulations herein to promote the furtherance of the following:
2.
A.
Protection and preservation of the environment and natural beauty of the City;
B.
Assurance of orderly development within wooded areas to minimize tree and
habitat loss;
C.
Evaluation of the impacts to trees and wooded areas resulting from development;
D.
Establishment of minimal standards for tree preservation and the mitigation of
environmental impacts resulting from tree removal;
E.
Provision of incentives for creative land use and environmentally compatible site
design which preserves trees and minimizes tree removal and clear cutting during
development; and
F.
Enforcement of tree preservation standards to promote and protect the public
health, safety and welfare of the community.
Definitions
For purposes of this section, the following definitions shall apply:
36-1
A.
“City Forester” means that person appointed as City Forester in Section
710.02(b).
B.
“Coniferous Tree” means a woody plant bearing seeds and cones oftentimes, but
not always, retaining foliage throughout the year.
C.
“Construction Area” means any area in which movement of earth, alteration in
topography, soil compaction, disruption of vegetation, change in soil chemistry,
or any other change in the natural character of the land occurs as a result of site
preparation, grading, building construction or any other construction activity.
D.
“Critical Root Zone” means the area around a tree measured from the trunk of
the tree with a radius that is equal to 1.5 feet (1.5’) for each one inch (1”) of DBH
of the tree. For example, if a tree’s DBH is 10 inches, then its critical root zone
radius is 15 feet (10 x 1.5 = 15).
E.
“Deciduous Tree” means a woody plant which has a defined crown, and which
loses leaves annually.
F.
“Diameter of Tree at Breast Height” or “DBH” means the diameter of a tree as
measured 4½ feet (54 inches) above the ground. Trees that branch near or below
4 ½ feet from the ground will be measured at the narrowest point below 4 ½ feet.
Trunks that originate from the ground shall be considered separate trees. The City
Forester shall have the final determination in the DBH calculation if there is a
question of how it is to be measured.
G.
“Hardwood Deciduous Tree” means a Deciduous Tree recognized as hardwoods
by the City Forester, including ironwood, catalpa, oak, maple (hard), walnut, ash,
hickory, birch, black cherry, hackberry, locust and basswood.
H.
“Healthy Tree” means the average or better condition and vitality for the area as
determined by the City Forester.
I.
“Heritage Tree” means a Healthy Softwood Deciduous Tree that is thirty inches
(30") or greater in DBH , a Healthy Hardwood Deciduous Tree that is twenty five
inches (25”) or greater in DBH, or a Healthy Coniferous Tree that is twenty five
inches (25”) or greater in DBH.
J.
“Landscape Architect” means a person licensed by the State of Minnesota as a
landscape architect.
K.
“Nursery Stock Dealer” or “Nursery Stock Grower” means a person licensed
by the State of Minnesota as a nursery stock dealer or a nursery stock grower.
L.
“Public Infrastructure” means the construction or maintenance of:
36-2
M.
3.
1.
Collector or arterial roads as defined by the City Transportation Plan;
2.
Public recreational trails;
3.
Stormwater infrastructure;
4.
Installation or maintenance of trunk utility infrastructure as described in
the Comprehensive Sewer or Water Plans; or
5.
Any essential service or public improvement.
“Removal” or “Tree Removal” means:
1.
Manual, mechanical, chemical, or abiotic or biotic (fire, water, insects or
inoculation) methods which results in the physical removal of a tree;
2.
Grading impact, compaction, or other damage up to 40% of a tree’s
Critical Root Zone, as
3.
Excessive pruning that severely impacts the long term survivability of the
tree; or
4.
Any other impact to a tree that comprises the long term health or structural
stability of a tree.
N.
“Significant Tree” means a Healthy Deciduous Hardwood Tree that is six inches
(6”) or greater in DBH, a Healthy Softwood Deciduous Tree that is twelve inches
(12”) or greater in DBH, or a Healthy Coniferous Tree that is twelve feet (12’) or
greater in height or twelve inches (12”) or greater in DBH.
O.
“Site Plan” means the site plan established and described in this Chapter.
P.
“Softwood Deciduous Tree” means a Deciduous Tree recognized as softwoods
by the City Forester, including cottonwood, poplar/aspen, box elder, willow,
silver maple and elm.
Q.
“Tree Preservation Plan” means the tree preservation plan established and
described in this Chapter.
R.
“Tree Preservation Zone” means the tree preservation zone established and
described in this Chapter.
Establishment of Tree Preservation Zone
A Tree Preservation Zone is hereby established in order to aid in the stabilization of soil
by the prevention of erosion and sedimentation; reduce storm water runoff and the costs
36-3
associated therewith and replenish ground water supplies; aid in the removal of carbon
dioxide and generation of oxygen in the atmosphere; provide a buffer and screen against
noise pollution; provide shade and the significant environmental benefit of counteracting
the so-called “heat-island” effect; provide protection against severe weather; aid in the
control of drainage and restoration of denuded soil subsequent to construction or grading;
protect and increase property values; conserve and enhance the City’s physical and
aesthetic environment; provide a haven for birds, animals and flora to thrive; and
generally protect and enhance the quality of life and the general welfare of the City.
The Tree Preservation Zone shall be applied to and superimposed upon all property
within the City of Wayzata. The regulations and requirements imposed within the Tree
Preservation Zone shall be in addition to the zoning districts within the existing and
amended text and map of the Wayzata Zoning Ordinance, and the Floodplain, Shoreland,
and Wetland regulations and requirements. In cases where there is a conflict between
regulations applicable within such zones, the more restrictive requirements shall apply.
4.
Applicability
The provisions of this Section shall apply to the following:
A.
Subdivision, Public Infrastructure, Construction of Single-Family Home: The
following tree removal thresholds apply to Subdivision applications, Public
Infrastructure projects, and construction of a single-family home on a vacant lot:
1.
Heritage Trees: Heritage Trees are valued and special trees for the City of
Wayzata due to their size and age. All possible measures must be taken to
preserve Heritage Trees. Heritage Tree removal may occur only when
there is not a practical alternative. There shall be a zero percent (0%)
removal threshold of Heritage Trees, meaning every DBH inch of
Heritage Tree removed requires full replacement in accordance with the
standards within subsection 801.36.8, in addition to any other
requirements hereunder.
2.
Significant Tree Removal by Developers: Although the City encourages
preservation of the maximum amount of trees possible, the City
recognizes that a certain amount of Significant Trees removal is
sometimes necessary during development. Accordingly, twenty five
percent (25%) of the existing DBH inches of Significant Trees can be
removed pursuant to a Tree Preservation Plan without obligation of
replacement. Any tree removal beyond twenty five percent (25%) will
require replacement in accordance with the standards of subsection
801.36.8.
3.
Public Infrastructure: The City Council may waive the tree replacement
requirements of this Section for Public Infrastructure projects if the City
Council makes a finding that the tree replacement requirements hereof
36-4
would create an undue financial or other burden on the project, and the
public benefits of the Public Infrastructure project outweigh the benefits of
the required tree replacement hereof.
B.
C.
Land Disturbance Permits, Design Review, and Expansions to Single-Family
Homes: The following tree removal thresholds apply to projects that require a
Land Disturbance Permit under City Code Section 409.05, projects that require
Design Review under City Code Section 801.09.1.5.B., and expansions or
additions to an existing single-family home:
1.
Heritage Trees: Heritage Trees are valued and special trees for the City of
Wayzata due to their size and age. All possible measures must be taken to
preserve Heritage Trees. Heritage Tree removal may occur only when
there is not a practical alternative. There shall be a zero percent (0%)
removal threshold of Heritage Trees, meaning every DBH inch of
Heritage Tree removed requires full replacement in accordance with the
standards within subsection 801.36.8 in addition to any other requirements
hereunder.
2.
Significant Tree Removal: The City recognizes that additional tree
removal may occur after the construction of new houses or commercial
developments, or the expansion of existing homes or commercial
developments, but to a lesser degree than the original development.
Therefore, ten percent (10%) of the existing DBH inches of trees can be
removed without obligation of replacement. Any removal beyond ten
percent (10%) will require replacement in accordance with the standards
within subsection 801.36.8.
Trees Exempt From Replacement Requirements: The following types of trees
shall not be included as part of the tally of tree removals for purposes of
calculating replacement in accordance with the standards within subsection
801.36.8:
1.
Dead, Diseased, Dying, or Hazard Trees as determined by the City
Forester; or
2.
Trees that are transplanted from the site to another appropriate location
within the City as approved by the City Forester; or
3.
Trees that were planted as part of a commercial business such as a tree
farm or nursery; or
4.
Trees that are structurally unstable and pose a risk to people or permanent
structures, as deemed by a certified arborist with a Tree Risk Assessment
Qualification and the City Forester
36-5
5.
Process
A.
Construction of or Expansion to Single-Family Homes and Land Disturbance
Permits: For construction of a single-family home, expansion to an existing
single-family home, or a project that requires a Land Disturbance Permit, a Site
Plan must be submitted to the City prior to any proposed tree removal. The Site
Plan must include the following information:
1.
Identify the Significant and Heritage Trees on the property.
2.
Identify the Significant and Heritage Trees removed due to grading or
construction.
3.
Identify the Mandatory Protection measures in Section 801.36.6.A that
will be used to protect the preserved trees during grading or construction.
4.
Comply with the City's tree replacement procedure and requirements set
forth in this section.
The Site Plan must receive the approval of the City Forester. Any denial of a Site
Plan by the City Forester may be appealed to the City Council.
B.
6.
Subdivision, Public Infrastructure, and Design Review: Unless otherwise
determined by the City Council, the following process for preserving trees shall
be required for Subdivision applications, Public Infrastructure projects, and
projects that require Design Review:
1.
Prepare a Tree Preservation Plan that is incorporated on the grading plan,
which meets the requirements of Section 801.36.5.
2.
Implement the Tree Preservation Plan prior to and during site
development.
3.
Submit a financial guarantee for compliance with the approved Tree
Preservation Plan in accordance with Section 801.36.9.
4.
Comply with the City's tree replacement procedure and requirements set
forth in this section.
5.
The Tree Preservation Plan must be certified by a Forester, Landscape
Architect, Nursery Stock Dealer or a Nursery Stock Grower.
Tree Preservation Plan
When a Tree Preservation Plan is required, an applicant is responsible for implementing
the approved Tree Preservation Plan prior to and during site grading and plan
36-6
development. The Tree Preservation Plan will be reviewed by the City Forester and any
other relevant City staff to assess the best overall tree design for the project involved,
taking into account the preservation, renewal and health of Significant and Heritage
Trees, and ways to enhance the efforts to mitigate damage to the trees on the property and
the natural environment. The applicant is encouraged to meet with City staff prior to
submission of a Subdivision application, Public Infrastructure project, or Design Review
application to determine the placement of buildings, parking, driveways, streets, storage
and other physical features which result in the fewest Significant and Heritage Trees
being destroyed or damaged. The Tree Preservation Plan must include the following
items:
A.
The name(s) and address(es) of property owners and applicants
B.
Delineation of the buildings, structures, impervious surfaces, utilities, and other
site improvements situated thereon or contemplated to be constructed thereon
C.
Delineation of all areas to be graded and limits of land disturbance, including the
contouring of all areas to be graded
D.
Size, species, location and condition of all Significant and Heritage Trees located
on the property as well as on adjacent properties where the Critical Root Zones of
the trees are within the proposed Construction Area. The size of Deciduous Trees
must be recorded in DBH and the size of Coniferous Trees must be recorded both
in DBH and approximate height.
E.
Identification of all Dead, Diseased, Dying and Hazard Trees
F.
The Critical Root Zone of all Significant and Heritage Trees proposed to be
preserved
G.
Identification of all Significant and Heritage Trees proposed to be removed within
the Construction Area
H.
Identification of all Significant and Heritage Trees on all individual lots. The
Developer must submit a list of all lot and block numbers identifying those lots.
I.
Measures to protect Heritage and Significant Trees as outlined in Section
801.36.6
J.
Size, species, and location of all replacement trees to be planted on the property in
accordance with the tree replacement requirements
K.
Signature of the person preparing the plan and statement which includes
acknowledgment of the fact the trees to be used as replacements are appropriate
species with respect to survival of the replacement trees
36-7
7.
Tree Protection
The following tree protection measures are required:
A.
B.
8.
Mandatory Protection: Measures to protect Significant and Heritage Trees must
include:
1.
Installation of snow fencing, silt fence, or polyethylene laminate safety
netting placed at the Critical Root Zone of Significant and Heritage Trees
to be preserved on or adjacent to the property being developed.
2.
Identification of any oak trees requiring pruning between April 1 and July
15; any oak trees so pruned are required to have any cut areas sealed with
an appropriate, non-petroleum based tree wound sealant, such as shellac.
Discretionary Protection: Measures to preserve or protect Significant and Heritage
Trees which may be required by the City include, but are not limited to:
1.
Installation of retaining walls or tree wells to preserve trees by eliminating
the filling or cutting of soil within Critical Root Zones of Significant and
Heritage Trees on or adjacent to the lot being developed.
2.
Placement of utilities in common trenches outside of the Critical Root
Zone of Significant and Heritage Trees, or use of tunneled installation.
3.
Prevention of change in soil chemistry due to concrete washout and
leakage or spillage of toxic materials, such as fuels or paints.
4.
Use of tree root aeration, fertilization, and irrigation systems when
appropriate.
5.
Transplanting of Significant Trees into a protected area for later moving
into permanent location within the Construction Area.
6.
Safety pruning for people working within the construction limits and for
the trees involved.
Tree Replacement
A.
Tree Replacement Formula: Replacement of removed or disturbed trees in excess
of the percentage allowed by this section shall be according to the following
ratios:
1.
For any removal that exceeds the percentage of allowable removal of
Significant Trees as set in subsection 801.36.7, all Significant Trees shall
36-8
be replaced at the ratio of one caliper inch (1”) per one inch (1”) of DBH
removed.
2.
B.
C.
All Heritage Trees must be replaced at the ratio of two caliper inches (2”)
per one inch (1”) of DBH removed.
Size, Types and Diversification of Replacement Trees: Unless an approved Tree
Preservation Plan sets forth a different requirement, all replacement trees must be
of a similar species to those that are removed. A Tree Replacement plan must
include a diversity of tree species that are suitable for the property given soil
conditions, hydrology, topography, and tree pathogens. Replacement trees must
be no less than the following sizes:
1.
Deciduous Trees shall be no less than two and a half caliper inches (2.5”);
and
2.
Coniferous Trees shall be no less than six feet (6') in height.
Recommended Tree Replacement Species: In order to encourage a diverse tree
canopy in the City, the following list of tree species are recommended for planting
as part of a tree replacement plan:
Arborvitae
Black cherry
Butternut
Cedar
Elm (disease resistant)
Fir
Hackberry
Hickory
Hemlock
Kentucky Coffee
Linden/Basswood
Maple (except Silver Maples)
Oak
Pine
Spruce (except Colorado Blue)
Tamarack
Walnut
D.
Prohibited Tree Replacement Species: The tree replacement plan may not include
any tree species included in the Minnesota Department of Natural Resources
Terrestrial Invasive Species List.
E.
Other Replacement Tree Requirements: Choice of replacement trees species and
location of the trees should also take into account the following information:
36-9
E.
9.
1.
Soil Composition: Comparisons should be made between soil conditions
and the ecology of the proposed species to make sure they are compatible.
2.
Spatial Requirements: The potential height and crown spread of the
proposed replacement trees should be known. Generally, half of the adult
tree crown diameter is the amount of distance a tree should be planted
from any aboveground objects.
3.
Pathogen Problems: Appropriate replacement choices shall also consider
insect and disease problems that may be common with particular species
in the part of the state in which the City of Wayzata is located.
Fee-In-Lieu Of Tree Replacement Or Replacement Trees Planted In Public Areas:
The City recognizes that there may be instances where the total amount of tree
replacement required under this section cannot occur on site. In those instances,
the City may, at its option, accept a fee-in-lieu of tree replacement or allow the
planting of replacement trees in public areas. Tree replacement is encouraged to
happen on site as much as possible and fee in lieu-of-tree replacement should be
used only when replacement on site is not feasible. The amount of fee-in-lieu of
tree replacement will be determined annually by the City Council through the City
fee schedule.
Financial Guarantee
A.
Financial Guarantee: The City may, at its option, withhold a certificate of
occupancy or require cash escrow or a letter of credit satisfactory to the City in
the amount of one hundred ten percent (110%) of the value of the tree
replacement, securing the full performance of Tree Preservation Plan and the tree
replacement plan. The amount of such security shall be calculated by the fee-inlieu of tree replacement schedules. The financial security shall be sufficient to
cover the costs of the replacement trees planted, including any needed
replacement of the trees over a three (3) year period.
B.
Use of Financial Guarantee: If the property owner does not implement the
approved Tree Preservation Plan or Site Plan, including the tree replacement plan,
in accordance with the City Council or City Forester approval, the City may use
the financial guarantee to correct or complete the work.
C.
Release of Financial Guarantee: At least once annually, the City Forester shall
review the financial securities, inspect the applicable trees, and release the
financial securities as necessary. The financial security shall be released based on
the following schedule:
1.
Upon installation of a healthy tree: 50% of the financial guarantee for that
tree shall be released.
36-10
10.
2.
First year inspection determining the installed tree is still healthy: 15% of
the financial guarantee for that tree shall be released.
3.
Second year inspection determining the installed tree is still healthy: 15%
of the financial guarantee for that tree shall be released.
4.
Third year inspection determining the installed tree is still healthy: 20% of
the financial guarantee for that tree shall be released.
Penalties
A.
Intentional or Deliberate Damage: It shall be unlawful for any person(s) to
intentionally damage, destroy or adversely alter any living tree, deciduous or
coniferous, on private land within the limits of the City of Wayzata in violation of
this Section. Minn. Stat. §561.04 strictly prohibits intentional damage to trees on
public property in any form and provides that whoever willfully and without
lawful authority injures any tree, timber or shrub on City property is liable for
treble the amount of damages which may be assessed therefore. The City Forester
and other City Staff shall not make any claims related to the structural integrity of
any tree, and any assessments made related to a tree may not be relied upon by the
property owner.
B.
Violation: Unless expressly provided otherwise, it shall be a misdemeanor for any
person to violate any provision of the City Code including this Section, any rule
or regulation adopted in pursuance of any such provision, or any order lawfully
enforcing the City Code or this Section. The term "misdemeanor" shall be as
defined in Minn. Stat. §609.02, Subd. 3.
It shall also be a misdemeanor for any person to attempt to commit a
misdemeanor or to cause, aid, assist, counsel or advise another to commit
misdemeanor. Any person who commits a misdemeanor, upon conviction, shall
be subject to the penalties therefore established by State Statute. Unless expressly
provided otherwise, each act in violation of the City Code, including this Chapter,
shall constitute a separate offense, and each and every day that such a violation
occurs or continues shall constitute a separate offense.
36-11
SECTIONS 37 THROUGH 49
(RESERVED FOR FUTURE USE)
SECTION 50
GENERAL ZONING DISTRICT PROVISIONS
Section 801.50:
801.50.1:
801.50.2:
801.50.3:
801.50.4:
801.50.5:
801.50.1:
Establishment of Districts
Zoning District Boundaries
Zoning Map
Annexations
New Districts
ESTABLISHMENT OF DISTRICTS:
In order to classify, regulate and restrict the location of trade and industry and the
location of buildings designated for specific uses, to regulate and limit the height and
bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use
of lot areas, and to regulate and determine the areas of yards, recreation and open space
within and surrounding such buildings, the City of Wayzata is hereby divided into zoning
districts. The use, height and area regulations shall be uniform in each district, and said
districts shall be known as:
R-1A
R-1
R-2A
R-2
R-3A
R-3
R-4A
R-4
R-5
INS
C-1
C-1A
C-1B
C-2
C-3
C-4
C-4A
C-4B
R-D
B-W
PUD
S
W
FP
Low Density Single Family Estate District
Low Density Single Family Residential District
Low to Medium Density Single Family Residential District
Medium Density Single Family Residential District
High Density Single Family Residential District
Single and Two Family Residential District
Low Density Multiple Residential District
Medium Density Multiple Residential District
Average Density Multiple Residential District
Institutional District
Office and Limited Commercial District
Neighborhood and Limited Commercial District
Mixed Use Residential District
Shopping Center Business District
Service District
Central Business District
Limited Central Business District
Central Business District
Research and Development District
Business Warehousing District
Planned Unit Development District
Shoreland Overlay District
Wetland System
Floodplain District
50-1
801.50.2:
ZONING DISTRICT BOUNDARIES:
Zoning district boundary lines of this Ordinance generally follow lot lines, the centerlines
of railroad right-of-way lines, street rights-of-way, water courses or the corporate limit
lines, all as they exist upon the effective date of this Ordinance.
A.
Appeals concerning the exact location of a zoning district boundary line shall be heard by
the Council serving as the Board of Adjustment and Appeals.
B.
Whenever any street, alley or other public way is vacated by official action of the City,
the zoning district adjoining each side of such street, alley or public way shall be
automatically extended to the center of such vacation, and all area included in the
vacation shall then and henceforth be subject to all appropriate regulations of the
extended districts.
C.
All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically
designated, shall be deemed to be in the same zone as the property in the most restrictive
classification immediately abutting upon such alleys, streets, public ways or railroad
rights-of-way. Where the center line of a street, alley, public way or railroad right-ofway serves as a district boundary, the zoning of such areas, unless otherwise specifically
designated, shall be deemed to be the same as that of the abutting property up to such
center line.
D.
All areas within the corporate limits of the City which are under water and which are not
shown as included within any zone shall be subject to all regulations of the zone which
immediately adjoins such water area. If such water area adjoins two or more zones the
boundaries of each zone shall be construed to be extended into the water area in a straight
line until they meet the other district at the half-way point and/or to the corporation
limits.
E.
For the purpose of adult uses, as specified in Section 801.35, if a building or leased space
is intersected by the allowed area boundary, then only that portion of the building or
leased space within the allowed area will be permissible for adult use principal.
801.50.3:
ZONING MAP:
The location and boundaries of the districts established by this text are hereby set forth
on the Zoning Map entitled "Zoning Map of Wayzata." Said map shall be on file with the
Zoning Administrator, and hereinafter referred to as the "Zoning Map." Said map and all
the notations, references and other information shown thereon shall have the same force
and effect as if fully set forth herein and thereby made a part of this Ordinance by
reference.
801.50.4:
ANNEXATIONS:
All territory hereafter annexed to the City of Wayzata which is not shown on the Zoning
Map shall automatically upon annexation be classified within the R-1A District and shall
be subject to all regulations, notations, references and conditions as are applicable to said
district until such time that a determination may be made as to the proper district
classification for such territory and an amendment can be made to that effect.
50-2
801.50.5:
NEW DISTRICTS:
Except for unit lots, nothing in this Ordinance shall be interpreted so as to allow
the creation of newly subdivided base lots with a minimum area of less than 9,000
square feet in any zoning.
50-3
SECTION 51
R-1A LOW DENSITY SINGLE FAMILY ESTATE DISTRICT
Section 801.51:
801.51.1:
801.51.2:
801.51.3:
801.51.4:
801.51.5:
801.51.6:
801.51.7:
801.51.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Lot Area and Setback Requirements
Lot Coverage and Height
PURPOSE:
The R-1A District is intended to provide a low density residential district for existing
large and estate-type properties. These properties are unique in that they are unusually
large in size and frequently include accessory structures, such as guest houses and
employees' quarters. This district also allows recreational uses.
801.51.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in the
"R-1A" District:
A.
Single family detached dwellings.
B.
Essential services.
C.
Day care facilities serving twelve (12) or fewer persons.
D.
Residential care facilities serving six (6) or fewer persons.
801.51.3:
INTERIM USES:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
R-1A District and are governed by Section 801.34 of this Ordinance:
A.
None.
801.51.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in the "R-1A" District:
A.
Tool houses, sheds and other such structures for the storage of domestic supplies and
equipment.
B.
Private garages and off-street parking.
C.
Greenhouses, provided they do not exceed two hundred (200) square feet in area.
D.
Swimming pools.
E.
Tennis courts.
51-1
F.
Living quarters within the principal structure of persons employed on the premises.
G.
Except as otherwise limited, private recreational facilities, only accessory to an existing
principal permitted use on the same lot and which are operated for the enjoyment and
convenience of the residents of the principal use and their occasional guests.
H.
Accessory uses customarily incidental to the uses permitted in Sections 801.51.2 and
801.51.5 of this Ordinance.
801.51.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in
an "R-1A" District. (Requires a conditional use permit based upon procedures set forth
in and regulated by Section 801.04 of this Ordinance.)
A.
B.
C.
D.
One guest, carriage, or caretaker's house as an accessory use provided that:
1.
The structure will not be used for rental purposes.
2.
The structure, design, building materials and color are compatible with the
principal structure and surrounding land uses.
3.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Off-site private recreational facilities provided that:
1.
Such use is accessory to one existing permitted principal use on an abutting lot or
lot only separated by a public right-of-way. Said properties are tied together by a
deed restriction recorded with the City and Hennepin County.
2.
The properties upon which the private recreational facilities are to be located and
upon which the permitted principal use is located, are under the same ownership.
Said properties are tied together by a deed restriction recorded with the City and
Hennepin County.
3.
The uses and activities are operated only for the enjoyment and convenience of
the residents of the principal use to which the property is tied and their occasional
guests.
4.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Public parks, playgrounds, cemeteries and memorial gardens provided that:
1.
The site is landscaped.
2.
The use is available to the "public".
3.
The land area of the property containing such use or activity meets the minimum
established for the district.
4.
The use meets the minimum setback requirements for accessory structures.
5.
The site accesses on a collector or arterial street.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Accommodations for horses as an accessory use, in accordance with the following
provisions:
51-2
E.
F.
1.
The minimum lot size for accommodating one horse shall be three (3) acres, and
the minimum lot size for two (2) horses shall be five (5) acres. No more than two
(2) horses may be accommodated on any one property within the City.
2.
All stables shall be located a minimum distance of three hundred (300) feet from
any adjacent residential structure, excluding the structure of the applicant, and all
corral areas shall be located a minimum distance of two hundred (200) feet from
any adjacent residential structure, excluding the residence of the applicant.
3.
All accommodations for horses shall occur within the rear yard of a residential
lot.
4.
Where an application for the boarding of a horse shall occur adjacent to a vacant
lot, the City Council shall take into account a proper location of a future
residence in considering the application.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Commercial outdoor recreational areas including golf courses and country clubs,
swimming pools and similar facilities provided that:
1.
The principal use, function or activity is open, outdoor in character.
2.
Not more than five (5) percent of the land area of the site shall be covered by
buildings or structures.
3.
When abutting a residential use or a residential use district, the property is
screened and landscaped for the protection of the abutting use.
4.
The land area of the property containing such use or activity meets the minimum
established for the district.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
3.
Planned unit development as regulated by Section 801.33 of this Ordinance.
801.51.6:
LOT AREA AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in an "R-1A" District subject to
additional requirements, exceptions and modifications set forth in this Ordinance.
A.
B.
Minimum Lot Requirements:
1.
Lot Area: Eighty thousand (80,000) square feet.
2.
Lot Width: Two hundred (200) feet.
3.
Lot Depth: Two hundred (200) feet.
Setbacks:
51-3
1.
2.
C.
Principal Structure:
a.
Front Yard: Forty-five (45) feet.
b.
Side Yard: Twenty (20) feet.
c.
Rear Yard: Fifty (50) feet.
Accessory Structure(s):
a.
Front Yard: Fifty (50) feet.
b.
Side Yard: Ten (10) feet.
c.
Rear Yard: Ten (10) feet.
Structures adjacent to a shoreline used exclusively for the storage of watercraft:
1.
Side Yard: Ten (10) feet.
2.
Rear Yard: None required.
801.51.7:
LOT COVERAGE AND HEIGHT:
The following requirements shall be observed in an "R-1A" District:
A.
Lot coverage shall not exceed ten (10) percent of lot area. Impervious surfaces on a lot
shall not exceed twenty (20) percent of the lot area.
B.
All single family residences shall be limited to a maximum height of three (3) stories and
forty (40) feet, whichever is lesser.
C.
All accessory buildings shall be limited to a maximum height of two (2) stories and
twenty-five (25) feet, whichever is lesser.
51-4
SECTION 52
R-1 LOW DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT
Section 801.52:
801.52.1:
801.52.2:
801.52.3:
801.52.4:
801.52.5:
801.52.6:
801.52.7:
801.52.1:
Purpose
Permitted Use
Interim Uses
Accessory Uses
Conditional Uses
Lot Area and Setback Requirements
Lot Coverage and Height
PURPOSE:
The purpose of the R-1 Low Density Single Family District is to provide for exclusive
low density single family detached residential dwelling units and directly related,
complementary uses. These properties are large in size and commonly have accessory
structures, such as guest houses and employees' quarters. This district also allows limited
recreational uses.
801.52.2:
PERMITTED USE:
Subject to applicable provisions of this Ordinance, the following are permitted uses in an "R-1" District:
A.
Single family detached dwellings.
B.
Essential services.
C.
Day care facilities serving twelve (12) or fewer persons.
D.
Residential care facilities serving six (6) or fewer persons.
801.52.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses
in the R-1 District and are governed by Section 801.34 of this Ordinance:
A.
None.
801.52.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in the "R-1" District:
A.
Tool houses, sheds and other such structures for the storage of domestic supplies and
equipment.
B.
Private garages and off-street parking.
C.
Greenhouses, provided they do not exceed two hundred (200) square feet in area.
D.
Swimming pools.
E.
Living quarters within the principal structure of persons employed on the premises.
52-1
F.
Except as otherwise limited, private recreational facilities, only accessory to an existing
principal permitted use on the same lot and which are operated for the enjoyment and
convenience of the residents of the principal use and their occasional guests.
G.
Accessory uses customarily incidental to the uses permitted in Sections 801.52.2 and
801.52.5 of this Ordinance.
801.52.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in
an "R-1" District. (Requires a conditional use permit based upon procedures set forth in
and regulated by Section 801.04 of this Ordinance.)
A.
B.
C.
One guest, carriage, or caretaker's house as an accessory use provided that:
1.
The structure will not be used for rental purposes.
2.
The structure, design, building materials and color are compatible with the
principal structure and surrounding land uses.
3.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Off-site private recreational facilities provided that:
1.
Such use is accessory to one existing permitted principal use on an abutting lot or
lot only separated by a public right-of-way. Said properties are tied together by a
deed restriction recorded with the City and Hennepin County.
2.
The properties upon which the private recreational facilities are to be located and
upon which the permitted principal use is located, are under the same ownership.
Said properties are tied together by a deed restriction recorded with the City and
Hennepin County.
3.
The uses and activities are operated only for the enjoyment and convenience of
the residents of the principal use to which the property is tied and their occasional
guests.
4.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Public parks, playgrounds, cemeteries and memorial gardens provided that:
1.
The site is landscaped.
2.
The use is available to the "public".
3.
The land area of the property containing such use or activity meets the minimum
established for the district.
4.
The use meets the minimum setback requirements for accessory structures.
5.
The site accesses on a collector or arterial street.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
52-2
D.
Accommodations for horses as an accessory use, in accordance with the following
provisions:
E.
F.
G.
1.
The minimum lot size for accommodating one horse shall be three (3) acres, and
the minimum lot size for two (2) horses shall be five (5) acres. No more than two
(2) horses may be accommodated on any one property within the City.
2.
All stables shall be located a minimum distance of three hundred (300) feet from
any adjacent residential structure, excluding the structure of the applicant, and all
corral areas shall be located a minimum distance of two hundred (200) feet from
any adjacent residential structure, excluding the residence of the applicant.
3.
All accommodations for horses shall occur within the rear yard of a residential
lot.
4.
Where an application for the boarding of a horse shall occur adjacent to a vacant
lot, the City Council shall take into account a proper location of a future
residence in considering the application.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Commercial outdoor recreational areas including golf courses and country clubs,
swimming pools and similar facilities provided that:
1.
The principal use, function or activity is open, outdoor in character.
2.
Not more than five (5) percent of the land area of the site shall be covered by
buildings or structures.
3.
When abutting a residential use or a residential use district, the property is
screened and landscaped for the protection of the abutting use.
4.
The land area of the property containing such use or activity meets the minimum
established for the district.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Planned unit development as regulated by Section 801.33 of this Ordinance.
801.52.6:
LOT AREA AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in an "R-1" District subject to
additional requirements, exceptions and modifications set forth in this Ordinance.
A.
Minimum Lot Requirements:
1.
Lot Area: Forty thousand (40,000) square feet.
2.
Lot Width: One hundred fifty (150) feet.
52-3
3.
B.
Setbacks:
1.
2.
C.
Lot Depth: One hundred fifty (150) feet.
Principal Structure:
a.
Front Yard: Forty-five (45) feet.
b.
Side Yard: Twenty (20) feet.
c.
Rear Yard: Fifty (50) feet.
Accessory Structure(s):
a.
Front Yard: Fifty (50) feet.
b.
Side Yard: Ten (10) feet.
c.
Rear Yard: Ten (10) feet.
Structures adjacent to a shoreline used exclusively for the storage of watercraft:
1.
Side Yard: Ten (10) feet.
2.
Rear Yard: None required.
801.52.7:
LOT COVERAGE AND HEIGHT:
The following lot coverage and height requirements shall be observed in an "R-1"
District.
A.
Lot coverage shall not exceed fifteen (15) percent of lot area. Impervious surfaces on a
lot shall not exceed twenty-five (25) percent of the lot area.
B.
All single family residences shall be limited to a maximum height of three (3) stories and
forty (40) feet, whichever is lesser.
C.
All accessory buildings shall be limited to a maximum height of two (2) stories and
twenty-five (25) feet, whichever is lesser.
52-4
SECTION 53
R-2A SINGLE FAMILY RESIDENTIAL DISTRICT
Section 801.53
801.53.1:
801.53.2:
801.53.3:
801.53.4:
801.53.5:
801.53.6:
801.53.7:
801.53.1:
Purpose
Permitted Use
Interim Uses
Accessory Uses
Conditional Uses
Lot Area and Setback Requirements
Lot Coverage Height
PURPOSE:
The purpose of the R-2A Single Family Residential District is to provide for low to
medium density single family detached dwelling unit and directly related, complementary
uses.
801.53.2:
PERMITTED USE:
Subject to applicable provisions of this Ordinance, the following are permitted uses in the
"R-2A" District:
A.
Single family detached dwellings.
B.
Essential services.
C.
Day care facilities serving twelve (12) or fewer persons.
D.
Residential care facilities serving six (6) or fewer persons.
801.53.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
R-2A District and are governed by Section 801.34 of this Ordinance:
A.
None.
801.53.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in he "R-2A" District:
A.
Tool houses, sheds and other such structures for the storage of domestic supplies and
equipment.
B.
Private garages and off-street parking.
C.
Greenhouses, provided they do not exceed two hundred (200) square feet in area.
D.
Swimming pools.
53-1
E.
Except as otherwise limited, private recreational facilities, only accessory to an existing
principal permitted use on the same lot and which are operated for the enjoyment and
convenience of the residents of the principal use and their occasional guests.
F.
Accessory uses customarily incidental to the uses permitted in Sections 801.53.2 and
801.53.5 of this Ordinance.
801.53.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in
an "R-2A" District. (Requires a conditional use permit based upon procedures set forth
in and regulated by Section 801.04 of this Ordinance.)
A.
B.
C.
Off-site private recreational facilities provided that:
1.
Such use is accessory to one existing permitted principal use on an abutting lot or
lot only separated by a public right-of-way. Said properties are tied together by a
deed restriction recorded with the City and Hennepin County.
2.
The properties upon which the private recreational facilities are to be located and
upon which the permitted principal use is located, are under the same ownership.
Said properties are tied together by a deed restriction recorded with the City and
Hennepin County.
3.
The uses and activities are operated only for the enjoyment and convenience of
the residents of the principal use to which the property is tied and their occasional
guests.
4.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Public parks, playgrounds, cemeteries and memorial gardens provided that:
1.
The site is landscaped.
2.
The use is available to the "public".
3.
The land area of the property containing such use or activity meets the minimum
established for the district.
4.
The use meets the minimum setback requirements for accessory structures.
5.
The site accesses on a collector or arterial street.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
D.
Planned unit development as regulated by Section 801.33 of this Ordinance.
E.
Tennis courts as an accessory use provided that:
1.
The use is not located within the front yard.
53-2
F.
G.
2.
The courts shall be fenced in accordance with Section 801.18 of this Ordinance.
3.
The courts shall meet the setback requirements for an accessory structure.
4.
Any lighting used shall not allow the light to spread to adjoining properties.
5.
A grading and drainage plan must be submitted and approved by the City
Engineer.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Living quarters of persons employed on the premises provided that:
1.
Occupancy is limited to the principal structure.
2.
Such accommodations are provided for no more than one (1) family.
3.
Two (2) extra off-street parking spaces are provided on the lot.
4.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Sailing School, provided the provisions of Section 801.04.2.F of this Ordinance are
considered and satisfactorily met.
801.53.6:
LOT AREA AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in an "R-2A" District subject to
additional requirements, exceptions and modifications set forth in this Ordinance.
A.
B.
Minimum Lot Requirements:
1.
Lot Area: Twenty-five thousand (25,000) square feet.
2.
Lot Width: One hundred (100) feet.
3.
Lot Depth: One hundred (100) feet.
Setbacks:
1.
2.
Principal Structure:
a.
Front Yard: Thirty (30) feet.
b.
Side Yard: Fifteen (15) feet.
c.
Rear Yard: Twenty (20) feet.
Accessory Structure(s):
a.
Front Yard: Thirty-five (35) feet.
b.
Side Yard: Fifteen (15) feet.
c.
Rear Yard: Five (5) feet.
53-3
801.53.7:
LOT COVERAGE AND HEIGHT:
The following requirements shall be observed in an "R-2A" District:
A.
Lot overage shall not exceed twenty (20) percent of lot area. Impervious surfaces on a lot
shall not exceed thirty (30) percent of the lot area.
B.
forty
All single family residences shall be limited to a maximum height of three (3) stories and
(40) feet, whichever is lesser.
C.
All accessory buildings shall be limited to a maximum height of twenty (20) feet.
53-4
SECTION 54
R-2 MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT
Section 801.54
801.54.1:
801.54.2:
801.54.3:
801.54.4:
801.54.5:
801.54.6:
801.54.7:
801.54.1:
Purpose
Permitted Use
Interim Uses
Accessory Uses
Conditional Uses
Lot Area and Setback Requirements
Lot Coverage Height
PURPOSE:
The purpose of the R-2 Medium Density Single Family Residential District is to provide
for medium density single family detached dwelling units and directly related,
complementary uses.
801.54.2:
PERMITTED USE:
Subject to applicable provisions of this Ordinance, the following are permitted uses in the
"R-2" District:
A.
Single family detached dwellings.
B.
Essential services.
C.
Day care facilities serving twelve (12) or fewer persons.
D.
Residential care facilities serving six (6) or fewer persons.
801.54.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
R-2 District and are governed by Section 801.34 of this Ordinance:
A.
None.
801.54.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in the "R-2" District:
A.
Tool houses, sheds and other such structures for the storage of domestic supplies and
equipment.
B.
Private garages and off-street parking.
C.
Greenhouses, provided they do not exceed two hundred (200) square feet in area.
D.
Swimming pools.
E.
Except as otherwise limited, private recreational facilities, only accessory to an existing
principal permitted use on the same lot and which are operated for the enjoyment and
convenience of the residents of the principal use and their occasional guests.
54-1
F.
Accessory uses customarily incidental to the uses permitted in Sections 801.54.2 and
801.54.5 of this Ordinance.
801.54.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in
an "R-2" District. (Requires a conditional use permit based upon procedures set forth in
and regulated by Section 801.04 of this Ordinance.)
A.
B.
C.
Off-site private recreational facilities provided that:
1.
Such use is accessory to one existing permitted principal use on an abutting lot or
lot only separated by a public right-of-way. Said properties are tied together by a
deed restriction recorded with the City and Hennepin County.
2.
The properties upon which the private recreational facilities are to be located and
upon which the permitted principal use is located, are under the same ownership.
Said properties are tied together by a deed restriction recorded with the City and
Hennepin County.
3.
The uses and activities are operated only for the enjoyment and convenience of
the residents of the principal use to which the property is tied and their occasional
guests.
4.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Public parks, playgrounds, cemeteries and memorial gardens provided that:
1.
The site is landscaped.
2.
The use is available to the "public".
3.
The land area of the property containing such use or activity meets the minimum
established for the district.
4.
The use meets the minimum setback requirements for accessory structures.
5.
The site accesses on a minor arterial.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
D.
Planned unit development as regulated by Section 801.33 of this Ordinance.
E.
Tennis courts as an accessory use provided that:
1.
The use is not located within the front yard.
2.
The courts shall be fenced in accordance with Section 801.18 of this Ordinance.
3.
The courts shall meet the setback requirements for an accessory structure.
54-2
F.
4.
Any lighting used shall not allow the light to spread to adjoining properties.
5.
A grading and drainage plan must be submitted to and subject to approval of the
City Engineer.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Living quarters of persons employed on the premises provided that:
1.
Occupancy is limited to the principal structure.
2.
Such accommodations are provided for no more than one (1) family.
3.
Two (2) extra off-street parking spaces are provided on the lot.
4.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
801.54.6:
LOT AREA AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in an "R-2" District subject to
additional requirements, exceptions and modifications set forth in this Ordinance.
A.
B.
Minimum Lot Requirements:
1.
Lot Area: Fifteen thousand (15,000) square feet.
2.
Lot Width: One hundred (100) feet.
3.
Lot Depth: One hundred (100) feet.
Setbacks:
1.
2.
801.54.7:
Principal Structure:
a.
Front Yard: Twenty-five (25) feet.
b.
Side Yard: Ten (10) feet.
c.
Rear Yard: Twenty (20) feet.
Accessory Structure(s):
a.
Front Yard: Thirty (30) feet.
b.
Side Yard: Five (5) feet.
c.
Rear Yard: Five (5) feet.
LOT COVERAGE AND HEIGHT:
The following requirements shall be observed in an "R-2" District:
A.
Lot coverage shall not exceed twenty (20) percent of lot area. Impervious surfaces on a
lot shall not exceed thirty (30) percent of the lot area.
B.
All single family residences shall be limited to a maximum height of two and one-half (21/2) stories and thirty (30) feet, whichever is lesser.
C.
All accessory buildings shall be limited to a maximum height of twenty (20) feet.
54-3
SECTION 55
R-3A SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT
Section 801.55:
801.55.1:
801.55.2:
801.55.3:
801.55.4:
801.55.5:
801.55.6:
801.55.7:
801.55.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Lot Area and Setback Requirements
Lot Coverage and Height
PURPOSE:
The purpose of the R-3A Single and Two Family Residential District is to provide
for high density single family dwelling units in the community’s oldest
neighborhoods and to introduce on a restricted basis, two family dwelling units
and directly related, complementary uses.
801.55.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in
the "R-3A" District:
A.
Single family detached dwellings.
B.
Essential services.
C.
Day care facilities serving twelve (12) or fewer persons.
D.
Residential care facilities serving six (6) or fewer persons.
E.
Public parks and playgrounds.
801.55.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
R-3A District and are governed by Section 801.34 of this Ordinance:
A.
None.
801.55.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in the "R-3A" District:
A.
Tool houses, sheds and other such structures for the storage of domestic supplies and
equipment.
B.
Private garages and off-street parking.
C.
Greenhouses, provided they do not exceed two hundred (200) square feet in area.
D.
Swimming pools.
55-1
E.
Except as otherwise limited, private recreational facilities, only accessory to an existing
principal permitted use on the same lot and which are operated for the enjoyment and
convenience of the residents of the principal use and their occasional guests.
F.
Accessory uses customarily incidental to the uses permitted in Sections 801.55.2 and
801.55.5 of this Ordinance.
801.55.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in
an "R-3A" District. (Requires a conditional use permit based upon procedures set forth
and regulated by Section 801.04 of this Ordinance.)
A.
Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
1.
When abutting a residential use in a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
B.
Planned unit development as regulated by Section 801.33 of this Ordinance.
C.
Tennis courts as an accessory use provided that:
D.
1.
The use is not located within the front yard.
2.
The courts shall be fenced in accordance with Section 801.18 of this Ordinance.
3.
The courts shall meet the setback requirements for an accessory structure.
4.
Any lighting used shall not allow the light to spread to adjoining properties.
5.
A grading and drainage plan must be submitted and approved by the City
Engineer.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Two family detached dwellings, provided that:
1.
They are located and designed so as to be compatible with the
surrounding neighborhood.
2.
The provisions of Section 801.04.2F of this Ordinance are considered
satisfactorily met.
801.55.6:
LOT AREA AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in an "R-3A" District subject to
additional requirements, exceptions and modifications set forth in this Ordinance.
A.
Minimum Lot Requirements:
1.
Single Family:
a.
Minimum Lot Area: Nine thousand (9,000) square feet.
55-2
2.
B.
b.
Minimum Lot Width: Sixty (60) feet.
c.
Minimum Lot Depth: One hundred (100) feet.
Two Family:
a.
Minimum Lot Area: Eighteen thousand (18,000) square feet.
b.
Minimum Lot Area Per Unit:
Nine thousand (9,000) square feet.
c.
Minimum Lot Width: One hundred (100) feet.
d.
Minimum Lot Depth: One hundred (100) feet.
Setbacks:
1.
2.
801.55.7:
Principal Structure:
a.
Front Yard: Twenty (20) feet.
b.
Side Yard: Ten (10) feet.
c.
Rear Yard: Twenty (20) feet.
d.
Corner Lots: Lots fronting two (2) principal streets shall be
considered corner lots, and shall have a minimum of a twenty (20)
foot setback for both the front yard and side yard which abut a
principal street. For corner lots that have less than sixty (60) feet in
width, the rear yard setback may be reduced to ten (10) feet, and
the inside side yard (non-principal street fronting) may be reduced
to five (5) feet.
Accessory Structure(s):
a.
Front Yard: Twenty (20) feet.
b.
Side Yard: Five (5) feet.
c.
Rear Yard: Five (5) feet.
LOT COVERAGE AND HEIGHT:
The following lot coverage and height requirements shall be observed in an "R-3A"
District:
A.
Lot coverage shall not exceed thirty (30) percent of lot area. Impervious surfaces on a lot
shall not exceed thirty-five (35) percent of the lot area.
B.
All residences shall be limited to a maximum height of two stories and thirty two
(32) feet in vertical distance above the Grade Plane, as measured to the peak of
the roof, whichever is lesser.
C.
All residential accessory buildings shall be limited to a maximum height of twenty (20)
feet.
55-3
SECTION 56
R-3 SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT
Section 801.56:
801.56.1:
801.56.2:
801.56.3:
801.56.4:
801.56.5:
801.56.6:
801.56.7:
801.56.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Lot Area and Setback Requirements
Lot Coverage and Height
PURPOSE:
The purpose of the R-3 Single Family and Two Family Residential District is to provide
for high density single family dwelling units and to introduce on a restricted basis, two
family dwelling units and directly related, complementary uses.
801.56.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in the
"R-3" District:
A.
Single family detached dwellings.
B.
Essential services.
C.
Day care facilities serving twelve (12) or fewer persons.
D.
Residential care facilities serving six (6) or fewer persons.
E.
Public parks and playgrounds.
801.56.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
R-3 District and are governed by Section 801.34 of this Ordinance:
A.
None.
801.56.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in the "R-3" District:
A.
Tool houses, sheds and other such structures for the storage of domestic supplies and
equipment.
B.
Private garages and off-street parking.
C.
Greenhouses, provided they do not exceed two hundred (200) square feet in area.
56-1
D.
Except as otherwise limited, private recreational facilities, only accessory to an existing
principal permitted use on the same lot and which are operated for the enjoyment and
convenience of the residents of the principal use and their occasional guests.
E.
Accessory uses customarily incidental to the uses permitted in Sections 801.56.2 and
801.56.5 of this Ordinance.
801.56.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in
an "R-3" District. (Requires a conditional use permit based upon procedures set forth and
regulated by Section 801.04 of this Ordinance.)
A.
Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
B.
Planned unit development as regulated by Section 801.33 of this Ordinance.
C.
Tennis courts as an accessory use provided that:
D.
1.
The use is not located within the front yard.
2.
The courts shall be fenced in accordance with Section 801.18 of this Ordinance.
3.
The courts shall meet the setback requirements for an accessory structure.
4.
Any lighting used shall not allow the light to spread to adjoining properties.
5.
A grading and drainage plan must be submitted and approved by the City
Engineer.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Two family detached dwellings, provided that:
1.
They are located and designed so as to be compatible with the surrounding
neighborhood.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
801.56.6:
LOT AREA AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in an "R-3" District
subject to additional requirements, exceptions and modifications set forth in this
Ordinance.
A.
Minimum Lot Requirements:
1.
Single Family:
a.
Minimum Lot Area: Nine thousand (9,000) square feet.
b.
Minimum Lot Width: Sixty (60) feet.
56-2
c.
2.
B.
Minimum Lot Depth: One hundred (100) feet.
Two Family:
a.
Minimum Lot Area: Eighteen thousand (18,000) square feet.
b.
Minimum Lot Area Per Unit: Nine thousand (9,000) square feet.
c.
Minimum Lot Width: One hundred (100) feet.
d.
Minimum Lot Depth: One hundred (100) feet.
Setbacks:
1.
2.
801.56.7:
Single Family, Two Family:
a.
Front Yard: Twenty (20) feet.
b.
Side Yard: Ten (10) feet.
c.
Rear Yard: Twenty (20) feet.
Accessory Structure(s):
a.
Front Yard: Twenty (20) feet.
b.
Side Yard: Five (5) feet.
c.
Rear Yard: Five (5) feet.
LOT COVERAGE AND HEIGHT:
The following lot coverage and height requirements shall be observed in an "R-3"
District:
A.
Lot coverage shall not exceed thirty (30) percent of lot area. Impervious surfaces on a lot
shall not exceed thirty-five (35) percent of the lot area.
B.
All residences shall be limited to a maximum height of two and one-half (2-1/2) stories
and thirty (30) feet, whichever is lesser.
C.
All residential accessory buildings shall be limited to a maximum height of twenty (20)
feet.
56-3
SECTION 57
R-4A LOW DENSITY MULTIPLE RESIDENTIAL DISTRICT
Section 801.57:
801.57.1:
801.57.2:
801.57.3:
801.57.4:
801.57.5:
801.57.6:
801.57.7:
801.57.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Lot Area and Setback Requirements
Lot Coverage and Height
PURPOSE:
The R-4A District is intended to provide a district which will allow low density single
family, two family dwellings, townhouses and cluster housing in those areas where such
development properly relates to other land uses and major streets, or where said use may
act as a transition between land uses.
801.57.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in the
"R-4A" District:
A.
Single family detached dwellings.
B.
Essential services.
C.
Day care facilities serving twelve (12) or fewer persons.
D.
Residential care facilities serving six (6) or fewer persons.
E.
Public parks and playgrounds.
F.
Townhouses.
G.
Two family dwellings.
801.57.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
R-4A District and are governed by Section 801.34 of this Ordinance:
A.
None.
801.57.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in an "R-4A" District:
A.
Tool houses, sheds and other such structures for the storage of domestic supplies and
equipment.
B.
Private garages and off-street parking.
57-1
C.
Except as otherwise limited, private recreational facilities, only accessory to an existing
principal permitted use on the same lot and which are operated for the enjoyment and
convenience of the residents of the principal use and their occasional guests.
D.
Accessory uses customarily incidental to the uses permitted in Sections 801.57.2 and
801.57.5 of this Ordinance.
E.
Off-street loading areas.
801.57.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in
an "R-4A" District. (Requires a conditional use based upon procedures set forth in and
regulated by Section 801.04 of this Ordinance.)
A.
B.
Swimming pools as an accessory use provided that:
1.
The use is fenced in accordance with Section 801.18 of this Ordinance.
2.
The use is not located within the front yard.
3.
The use shall meet setbacks for accessory structures.
4.
All City permits are obtained for the use.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Tennis courts as an accessory use provided that:
1.
The use is not located within the front yard.
2.
The courts shall be fenced in accordance with Section 801.18 of this Ordinance.
3.
The courts shall meet the setback requirements for an accessory structure.
4.
Any lighting used shall not allow the light to spread to adjoining properties.
5.
A grading and drainage plan must be submitted and approved by the City
Engineer.
6.
C.
D.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health
safety and general welfare of the City , provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Planned unit development as regulated by Section 801.33 of this Ordinance.
801.57.6:
LOT AREA AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in an "R-4A" District subject to
additional requirements, exceptions and modifications set forth in this Ordinance.
A.
Minimum Lot Requirements:
57-2
1.
2.
3.
B.
a.
Minimum Lot Area: Twelve thousand (12,000) square feet.
b.
Minimum Lot Width: Eighty (80) feet.
c.
Minimum Lot Depth: One hundred (100) feet.
Two Family:
a.
Minimum Total Lot Area: Twenty-four thousand (24,000) square feet.
b.
Minimum Lot Area Per Dwelling Unit: Twelve thousand (12,000)
square feet.
c.
Minimum Lot Width: One hundred (100) feet.
Townhouses,:
a.
Minimum Total Lot Area: Thirty thousand (30,000) square feet.
b.
Minimum Lot Area Per Dwelling Unit: Ten thousand (10,000) square
feet.
c.
Minimum Lot Width: One hundred twenty (120) feet.
Setbacks:
1.
2.
3.
C.
Single Family:
Single Family, Two Family:
a.
Front Yard: Thirty (30) feet.
b.
Side Yard: Ten (10) feet.
c.
Rear Yard: Twenty (20) feet.
Townhouses:
a.
Front Yard Setback: Thirty-five (35) feet.
b.
Side Yard Setback: Twenty (20) feet.
c.
Rear Yard Setback: Forty (40) feet.
Accessory Structure(s):
a.
Front Yard Setback: Forty (40) feet.
b.
Side Yard Setback: Ten (10) feet.
c.
Rear Yard Setback: Ten (10) feet
Should a structure containing four (4) or more units be built upon property which abuts
property zoned and used for a less intensive use, yard and setback requirements where the
properties are contiguous shall conform to those which would be required in the zoning
district which calls for the greater setbacks.
801.57.7:
LOT COVERAGE AND HEIGHT:
The following lot coverage and height requirements shall be observed in an "R-4A"
District:
A.
Lot coverage and impervious surface shall not exceed thirty-five (35) percent of lot area.
57-3
B.
All buildings shall be limited to a maximum height of two and one-half (2-1/2) stories
and thirty-five (35) feet, whichever is lesser.
57-4
SECTION 58
R-4 MEDIUM DENSITY MULTIPLE RESIDENTIAL DISTRICT
Section 801.58:
801.58.1:
801.58.2:
801.58.3:
801.58.4:
801.58.5:
801.58.6:
801.58.7:
801.58.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Lot Area and Setback Requirements
Lot Coverage and Height
PURPOSE:
The R-4 District is intended to provide a district which will allow medium density one or
two family dwellings, townhouses and cluster housing in those areas where such
development properly relates to other land uses and thoroughfares, or where said use may
act as a transition between land uses.
801.58.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in the
"R-4" District:
A.
Single family detached dwellings.
B.
Essential services.
C.
Day care facilities serving twelve (12) or fewer persons.
D.
Residential care facilities serving six (6) or fewer persons.
E.
Public parks and playgrounds.
F.
Townhouses.
G.
Two family dwellings.
801.58.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
R-4 District and are governed by Section 801.34 of this Ordinance.
A.
None.
801.58.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in an "R-4" District:
A.
Tool houses, sheds and other such structures for the storage of domestic supplies and
equipment.
B.
Private garages and off-street parking.
58-1
C.
Except as otherwise limited, private recreational facilities, only accessory to an existing
principal permitted use on the same lot and which are operated for the enjoyment and
convenience of the residents of the principal use and their occasional guests.
D.
Accessory uses customarily incidental to the uses permitted in Sections 801.58.2 and
801.58.5 of this Ordinance.
E.
Off-street loading areas.
801.58.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in
an "R-4" District. (Requires a conditional use based upon procedures set forth in and
regulated by Section 801.04 of this Ordinance.)
A.
B.
Swimming pools as an accessory use provided that:
1.
The use is fenced in accordance with Section 801.18 of this Ordinance.
2.
The use is not located within the front yard.
3.
The use shall meet setbacks for accessory structures.
4.
All City permits are obtained for the use.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Tennis courts as an accessory use provided that:
1.
The use is not located within the front yard.
2.
The courts shall be fenced in accordance with Section 801.18 of this Ordinance.
3.
The courts shall meet the setback requirements for an accessory structure.
4.
Any lighting used shall not allow the light to spread to adjoining properties.
5.
A grading and drainage plan must be submitted and approved by the City
Engineer.
6.
C.
D.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Planned unit development as regulated by Section 801.33 of this Ordinance.
801.58.6:
LOT AREA AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in an R-4 District subject to
additional requirements, exceptions and modifications set forth in this Ordinance.
A.
Minimum Lot Requirements:
58-2
1.
2.
3.
B.
a.
Minimum Lot Area: Nine thousand (9,000) square feet.
b.
Minimum Lot Width: Sixty (60) feet.
c.
Minimum Lot Depth: One hundred (100) feet.
Two Family:
a.
Minimum Total Lot Area: Eighteen thousand (18,000) square feet.
b.
Minimum Lot Area Per Dwelling Unit: Nine thousand (9,000) square
feet.
c.
Minimum Lot Width: One hundred (100) feet.
Townhouses:
a.
Minimum Total Lot Area: Twenty-seven thousand (27,000) square feet.
b.
Minimum Lot Area Per Dwelling Unit: Nine thousand (9,000) square
feet.
c.
Minimum Lot Width: One hundred (100) feet.
Setbacks:
1.
2.
3.
C.
Single Family:
Single Family, Two Family:
a.
Front Yard: Twenty (20) feet.
b.
Side Yard: Ten (10) feet.
c.
Rear Yard: Twenty (20) feet.
Townhouses:
a.
Front Yard Setback: Thirty-five (35) feet.
b.
Side Yard Setback: Twenty (20) feet.
c.
Rear Yard Setback: Forty (40) feet.
Accessory Structure(s):
a.
Front Yard Setback: Forty (40) feet.
b.
Side Yard Setback: Ten (10) feet.
c.
Rear Yard Setback: Ten (10) feet
Should a structure containing four (4) or more units be built upon property which abuts
property zoned and used for a less intensive use, yard and setback requirements where the
properties are contiguous shall conform to those which would be required in the zoning
district which calls for the greater setbacks.
801.58.7:
LOT COVERAGE AND HEIGHT:
The following lot coverage and height requirements shall be observed in an "R-4"
District:
A.
Lot coverage and impervious surface shall not exceed thirty-five (35) percent of lot area.
58-3
B.
All buildings shall be limited to a maximum height of two and one-half (2-1/2) stories
and thirty-five (35) feet, whichever is lesser.
58-4
SECTION 59
R-5 AVERAGE DENSITY MULTIPLE RESIDENTIAL DISTRICT
Section 801.59:
801.59.1:
801.59.2:
801.59.3:
801.59.4:
801.59.5:
801.59.6:
801.59.7:
801.59.8:
801.59.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Lot Area and Setback Requirements
Schedule of Allowances
Lot Coverage, Height and Bulk
PURPOSE:
The R-5 District is intended to provide a general multiple residence district of average
density in those areas where such development property relates to other land uses and
thorough fares, or where said use may act as a transition between land uses.
801.59.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in the
"R-5" District:
A.
Single family detached dwellings.
B.
Essential services.
C.
Day care facilities serving twelve (12) or fewer persons.
D.
Residential care facilities serving six (6) or fewer persons in single family detached
dwellings.
E.
Public parks and playgrounds.
F.
Townhouses.
G.
Two family dwellings.
H.
Multiple family dwellings.
I.
Manor homes.
J.
Quadraminiums.
K.
Residential care facilities in multiple family structures having sixteen (16) or fewer
persons.
801.59.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
R-5 District and are governed by Section 801.34 of this Ordinance:
A.
None.
59-1
801.59.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in an "R-5" District:
A.
Tool houses, sheds and other such structures for the storage of domestic supplies and
equipment.
B.
Private garages and off-street parking.
C.
Living quarters of persons employed on the premises.
D.
Except as otherwise limited, private recreational facilities, only accessory to an existing
principal permitted use on the same lot and which are operated for the enjoyment and
convenience of the residents of the principal use and their occasional guests.
E.
Accessory uses customarily incidental to the uses permitted in Sections 801.59.2 and
801.59.5 of this Ordinance.
F.
Off-street loading areas.
801.59.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in
an "R-5" District. (Requires a conditional use permit based upon procedures set forth in
an regulated by Section 801.04 of this Ordinance.)
A.
B.
C.
Swimming pools as an accessory use provided that:
1.
The use is fenced in accordance with Section 801.18 of this Ordinance.
2.
The use is not located within the front yard.
3.
The use shall meet setbacks for accessory structures.
4.
All City permits are obtained for the use.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Halfway houses, as defined in Section 801.02 of this Ordinance provided that:
1.
The use is licensed by the State.
2.
Provisions are made to insure compatibility with surrounding uses.
3.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Housing for the elderly, as defined by Section 801.02.2 of this Ordinance, in accordance
with the following special provisions:
1.
D.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
59-2
3.
801.59.6:
Planned unit development as regulated by Section 801.33 of this Ordinance.
LOT AREA AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in an "R-5" District subject to
additional requirements, exceptions and modifications set forth in this Ordinance.
A.
Minimum Lot Requirements:
1.
2.
3.
4.
5.
B.
Single Family:
a.
Minimum Lot Area: Nine thousand (9,000) square feet.
b.
Minimum Lot Width: Sixty (60) feet.
c.
Minimum Lot Depth: One hundred (100) feet.
Two Family:
a.
Minimum Lot Area Per Dwelling Unit: Five thousand three hundred
(5,300) square feet.
b.
Minimum Total Lot Area: Ten thousand six hundred (10,600) square
feet.
Townhouses, Quadraminiums, Manor Homes:
a.
Minimum Lot Area Per Dwelling Unit: Five thousand three hundred
(5,300) square feet.
b.
Minimum Total Lot Area: Ten thousand six hundred (10,600) square
feet.
Multiple Family Dwellings:
a.
Minimum Lot Area Per Dwelling Unit: Two thousand five hundred
(2,500) square feet.
b.
Minimum Total Lot Area: Twenty thousand (20,000) square feet.
Multiple Family Dwelling-Elderly Housing:
a.
Minimum Lot Area Per Dwelling Unit: One thousand (1,000) square
feet per unit.
b.
Minimum Total Lot Area: Twenty thousand (20,000) square feet.
Setbacks:
1.
2.
Single Family, Two Family:
a.
Front Yard: Twenty (20) feet.
b.
Side Yard: Ten (10) feet.
c.
Rear Yard: Twenty (20) feet.
Accessory Structure(s):
a.
Front Yard: Twenty (20) feet.
b.
Side Yard: Five (5) feet.
c.
Rear Yard: Five (5) feet.
59-3
801.59.7:
SCHEDULE OF ALLOWANCES:
Except for elderly housing, the lot areas per multiple family dwelling unit prescribed
above shall be further subject to the following schedule of allowances, which shall be
added to or subtracted from the minimum lot area per dwelling unit as prescribed, thereby
relating density requirements to the location, use and access provided the property.
A.
For each parking space provided under the living area of a building or underground
subtract three hundred (300) square feet.
B.
If an adjacent site is zoned R-1A, R-1, R-2A, R-2, R-3A or R-3 Residential use, add three
hundred (300) square feet per unit for that portion of any building within two hundred
(200) feet of said district.
C.
If an adjacent site is zoned for commercial use, subtract three hundred (300) square feet
per unit for that portion of any building within two hundred (200) feet of said district.
D.
For each unit containing bedrooms in excess of two (2), add three hundred (300) square
feet.
E.
The maximum allowance which may be subtracted under Section 801.59.7.A and C shall
be five hundred (500) square feet per unit.
801.59.8:
LOT COVERAGE, HEIGHT AND BULK:
The following lot coverage, height and bulk requirements shall be observed in the "R-5"
District:
A.
Lot coverage shall not exceed thirty (30) percent of lot area. Impervious surfaces on a lot
shall not exceed thirty-five (35) percent of the lot area.
B.
The maximum floor area ration (F.A.R.) shall be 0.7.
C.
All buildings shall be limited to a maximum height of three (3) stories and thirty-five (35)
feet, whichever is lesser.
59-4
SECTION 60 THOUGH 69
(RESERVED FOR FUTURE USE)
SECTION 70
INS INSTITUTIONAL DISTRICT
Section 801.70:
801.70.1:
801.70.2:
801.70.3:
801.70.4:
801.70.5:
801.70.6:
801.70.7:
801.70.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Lot Area and Setback Requirements
Lot Coverage and Height Requirements
PURPOSE:
The INS District is intended to provide a district for facilities devoted to serving
the public. It is unique in that the primary objective of uses within this district is
the provision of services, frequently on a non-profit basis, rather than the sale of
goods or services. It is intended that uses within such a district will be compatible
with adjoining development, and they normally will be located on an arterial
street or thoroughfare.
801.70.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted
uses in the INS District:
A.
Pre-school, elementary, junior or senior high schools having a regular course of
study accredited by the State of Minnesota.
B.
Religious institutions, such as churches, chapels, temples and synagogues.
C.
Publicly owned civic or cultural buildings, such as libraries, City offices,
auditoriums, public administration buildings, public parking structures as a
principal and sole use, and historical developments.
801.70.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses
in the INS District and are governed by Section 801.34 of this Ordinance:
A.
None.
801.70.4:
ACCESSORY USES:
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Subject to applicable provisions of this Ordinance, the following are permitted
accessory uses in the INS District:
A.
Accessory uses customarily incidental to the uses permitted in Sections 801.70.2
and 801.70.5 of this Ordinance.
B.
Parks, playgrounds or athletic fields.
C.
Off-street parking and loading areas.
801.70.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional
uses in an INS District. (Requires a conditional use permit based upon procedures
set forth in and regulated by Section 801.04 of this Ordinance.)
A.
B.
C.
Automobile parking lots as a principal use provided that:
1.
The use and design is in conformance with Section 801.20 of this
Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Cemeteries or memorial gardens provided that:
1.
The site is landscaped.
2.
The use is available to the "public".
3.
The land area of the property containing such use or activity meets the
minimum established for the district.
4.
The use meets the minimum setback requirements for accessory structures.
5.
The site accesses on a collector or arterial street.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Colleges, seminaries and other institutions of higher education provided that:
1.
Adequate parking is provided in conformance with Section 801.20 of this
Ordinance.
2.
Provisions are made to buffer and screen any surrounding residential uses.
3.
The site is served by an arterial or collector street of sufficient capacity to
accommodate traffic which will be generated.
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4.
D.
E.
F.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Community centers provided that:
1.
Adequate screening from abutting and adjoining residential uses and
landscaping is provided.
2.
Adequate off-street parking and access is provided and that such parking
is adequately screened and landscaped from adjoining and abutting
residential uses.
3.
Adequate off-street loading and service entrances are provided and
regulated where applicable by Section 801.20 of this Ordinance.
4.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Hospitals and residential care facilities including extended care facilities for
mentally retarded, rest homes and care for the aged, ill and infirmed provided
that:
1.
Interior side yards are screened.
2.
Only the rear yard shall be used for play or recreational areas. Said area
shall be fenced and controlled and screened in compliance with Section
801.18 of this Ordinance.
3.
The site shall be served by an arterial or collector street of sufficient
capacity to accommodate traffic which will be generated.
4.
All signing and informational or visual communication devices shall be in
compliance with Section 801.27 of this Ordinance.
5.
All state laws and statutes governing such use are strictly adhered to and
all required operating permits are secured.
6.
Adequate off-street parking is provided in compliance with Section 801.20
of this Ordinance.
7.
Off-street loading space in compliance with Section 801.20 of this
Ordinance is provided.
8.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Housing for the elderly provided that:
70-3
G.
H.
I.
J.
1.
The development is in conformance to standards established in Section
801.59.6 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Halfway houses provided that:
1.
The use is licensed by the State.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Living quarters which are provided as an accessory use to a principal use in
Section 801.70.2 or to a conditional use in this Section provided that:
1.
The use shall not be used as rental property.
2.
A maximum of one (1) such dwelling shall be allowed.
3.
There shall be a demonstrated and documented need for such a facility.
4.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the
health safety and general welfare of the City, provided that:
1.
Equipment and vehicles are completely enclosed in a permanent structure
or if stored outside, are screened and landscaped from neighboring uses as
provided in Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Public recreational facilities provided that:
1.
The site is landscaped.
2.
The use is available to the "public".
3.
The land area of the property containing such use or activity meets the
minimum established for the district.
4.
The use meets the minimum setback requirements for accessory structures.
5.
The site accesses on a minor arterial.
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6.
K.
L.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Single family or two family residential dwellings provided that:
1.
The development shall be in compliance with the provisions of the R-3
Zoning District.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
The lot area requirement for permitted uses may be reduced, provided that:
1.
The use existed prior to 1 July 1990.
2.
Compatibility with surrounding existing and potential uses is maintained.
3.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
M.
Other uses of the same general character as those listed in Sections 801.70.2,
801.70.4 and 801.70.5 of this Ordinance.
N.
Planned unit development as regulated by Section 801.33 of this Ordinance.
801.70.6:
LOT AREA AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in an "INS" District
subject to additional requirements, exceptions, modifications set forth in this
Ordinance.
A.
Lot Area:
1.
Minimum Site Area:
a.
Religious Institutions: Three (3) acres.
b.
Elementary Schools: Fifteen (15) acres.
c.
Junior High Schools: Thirty (30) acres.
d.
Senior High Schools: Fifty (50) acres.
e.
Hospitals: Ten (10) acres.
f.
Community Centers: Three (3) acres.
g.
Public Parking Structure: One (1) acre.
70-5
2.
B.
All school area requirements prescribed above may be reduced if and
when the site is combined with or included within a neighborhood park.
Setbacks:
1.
2.
3.
Schools:
a.
Front Yard: Fifty (50) feet.
b.
Side Yard: One hundred (100) feet.
c.
Rear Yard: One hundred (100) feet.
Hospitals:
a.
Front Yard: Fifty (50) feet.
b.
Side Yard: One hundred (100) feet.
c.
Rear Yard: One hundred (100) feet.
Public Works Facilities:
a.
Front Yard: Fifty (50) feet.
b.
Side Yard: One hundred (100) feet.
c.
Rear Yard: One hundred (100) feet.
4.
Public Parking Structures: There shall be no minimum front yard, side
yard or rear yard setback requirements, except that there shall be a
minimum required setback when such boundary is adjacent to a residential
district. In which case, the minimum required setback shall be the same as
the setback for the adjacent residential district. In addition, the minimum
requirements of Section 801.70.6.B.6 do not apply to a public parking
structure.
5.
All Other Institutional Uses:
a.
Front Yard: Fifty (50) feet.
b.
Side Yard: Fifty (50) feet.
c.
Rear Yard: Fifty (50) feet.
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6.
801.70.7:
In addition to these minimum requirements, setbacks of buildings located
within the Institutional District shall be at least equal to the height of such
buildings.
LOT COVERAGE AND HEIGHT REQUIREMENTS:
The following lot coverage and height requirements shall be observed in the
"INS" District:
A.
The total lot coverage of all buildings shall not exceed thirty (30) percent, except
that rest homes and housing for the elderly shall not exceed a lot coverage of forty
(40) percent, and public parking structures shall not exceed a lot coverage of sixty
(60) percent.
B.
All principal structures and their accessory buildings shall be limited to a
maximum height of three (3) stories and forty (40) feet.
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SECTIONS 71 - 73
(RESERVED FOR FUTURE USE)
SECTION 74
C-1A, NEIGHBORHOOD OFFICE AND LIMITED COMMERCIAL DISTRICT
Section 801.74:
801.74.1:
801.74.2:
801.74.3:
801.74.4:
801.74.5:
801.74.6:
801.74.7:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Yard and Setback Requirements
Lot Coverage, Height and Bulk
801.74.1:
PURPOSE:
The C-1A District is intended to provide a district which is related to and may reasonably
adjoin residential districts for the location and development of limited office, service, and
retail uses. The uses allowed in this district are those in which there is limited contact
with the public and provide for mixed commercial and residential use.
801.74.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in the
C-1A District.
A.
Art galleries or studios.
B.
Barber, beauty shops, and day spas.
C.
Commercial/professional offices.
D.
Day care facilities serving twelve (12) or fewer persons.
E.
Florist shops.
F.
Interior decorating studios.
G.
Mixed use buildings with a combination of residential and allowable retail, office and
service use.
H.
Municipal parks and playgrounds.
I.
Photographic studios.
J.
Residential use as a principal use subject to the density standards of the R-3 District.
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All new residential buildings with a footprint of three thousand (3,000) square feet or more are
encouraged to be developed with more than one (1) use.
801.74.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
C-1A District and are governed by Section 801.34 of this Ordinance.
A.
None.
801.74.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in a C-1A District.
A.
Accessory uses and structures customarily incidental to the uses permitted in Section
801.74.2 and 801.74.5 of this Ordinance.
B.
Off-Street Parking and Loading Areas and Structures. Parking of trucks used in the
conduct of a permitted principal use, other than delivery trucks parked for not more than
two (2) consecutive hours, shall be limited to vehicles of not more than twelve thousand
(12,000) pounds gross vehicle weight.
C.
Enclosed storage of merchandise in either principal or accessory building, solely intended
to be retailed by a related and established principal use.
801.74.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in a
C-1A District. (Requires a conditional use permit based upon procedures set forth in and
regulated by Section 801.04 of this Ordinance.)
A.
B.
Automobile parking lots of four (4) or more spaces as a principal use or other than those
accessory to the principal use provided that:
1.
The provisions of Section 801.20 of this Ordinance are considered and
satisfactorily met.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health,
safety, and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F. of this Ordinance are considered and
satisfactorily met.
74-2
C.
Existing clubs or lodges provided that:
1.
All State regulations are complied with including obtaining all required permits
and/or licenses.
2.
Parking and loading areas are in conformance with the parking and loading
ordinances outlined in Section 801.20 of this Ordinance.
3.
The parking and loading spaces shall not be located within the front yard of a lot
and must meet all applicable provisions of the parking and loading ordinance.
4.
The site shall be landscaped and screened in compliance with Section 801.18 of
this Ordinance.
5.
The provisions of Section 801.04.2.F. of this Ordinance are considered and
satisfactorily met.
D.
Planned unit development as regulated by Section 801.33 of this Ordinance.
E.
Medical or Dental Clinics
801.74.6:
YARD AND SETBACK REQUIREMENTS:
The following minimum setback requirements shall be observed in a C-1A District,
subject to additional requirements, exceptions, and modifications set forth in this
Ordinance.
A.
Front Yard:
Twenty (20) feet.
B.
Side Yard:
Ten (10) feet.
C.
Side Yard:
Directly abutting an R District: Twenty (20) feet.
D.
Rear Yard:
Twenty (20) feet.
801.74.7:
LOT COVERAGE, HEIGHT AND BULK:
The following lot coverage, height and bulk shall be observed in a C-1A District.
A.
Lot Coverage. The maximum lot coverage of all buildings shall be thirty (30) percent.
B.
Floor Area Ratio. The maximum floor area ratio (F.A.R.) shall be 2.0.
C.
Height. All buildings shall be limited to a maximum height of two and one-half (2.5)
stories and thirty (30) feet, whichever is lesser.
D.
Lot Area. The minimum total lot area shall be nine thousand (9,000) square feet.
74-3
SECTION 75
C-1 OFFICE AND LIMITED COMMERCIAL DISTRICT
Section 801.75:
801.75.1:
801.75.2:
801.75.3:
801.75.4:
801.75.5:
801.75.6:
801.75.7:
801.75.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Yard and Setback Requirements
Lot Coverage and Bulk
PURPOSE:
The C-1 District is intended to provide a district which is related to and may reasonably
adjoin high density or other residential districts for the location and development of
administrative office buildings and related office uses which are subject to more
restrictive controls. The office uses allowed in this district are those in which there is
limited contact with the public and no manufacture, exterior display or selling of
merchandise to the general public.
801.75.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in the
"C-1" District.
A.
Barber and beauty shops.
B.
Commercial offices.
D.
Interior decorating studios.
E.
Medical offices or clinics.
F.
Mortuaries or funeral homes.
G.
Music or dance studios.
H.
Photographic or art studios.
I.
Municipal parks and playgrounds.
J.
Residential use as a principal use subject to the density standards of the R-3 District.
K.
Mixed-use buildings with upper story residential and ground floor office/service
commercial use.
L.
All new residential buildings with a footprint of 3,000 square feet or more shall be
developed with more than one (1) use.
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801.75.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
C-1 District and are governed by Section 801.34 of this Ordinance.
A.
None.
801.75.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in a "C-1" District.
A.
Accessory uses and structures customarily incident to the uses permitted in Sections
801.75.2 and 801.75.5 of this Ordinance.
B.
Off-Street Parking and Loading Areas and Structures. Parking of trucks used in the
conduct of a permitted principal use, other than delivery trucks parked for not more than
two (2) consecutive hours, shall be limited to vehicles of not more than twelve thousand
(12,000) pounds gross vehicle weight.
C.
Enclosed storage of merchandise in either principal or accessory building, solely intended
to be retailed by a related and established principal use.
801.75.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in a
"C-1" District. (Requires a conditional use permit based upon procedures set forth in and
regulated by Section 801.04 of this Ordinance.)
A.
B.
C.
Automobile parking lots of four (4) or more spaces as a principal use or other than those
accessory to the principal use provided that:
1.
The provisions of Section 801.20 of this Ordinance are considered and
satisfactorily met.
2.
The provisions of Section 801.04.2.F. of this Ordinance are considered and
satisfactorily met.
Banks or savings and loan institutions, not including drive-in facilities, provided that:
1.
The services which are provided are for the local area rather than the region.
2.
The traffic generated will not raise traffic volumes beyond the capacity of the
surrounding streets.
3.
The architectural appearance and scale of the building shall reflect the building
character of the area and shall not be so dissimilar as to cause impairment of
property values or constitute a blighting influence within the neighborhood.
4.
The provisions of Section 801.04.2.F. of this Ordinance are considered and
satisfactorily met.
Dry cleaning or laundry establishments as a principal use, provided that:
1.
The development meets all applicable performance standards of the C-1 Zoning
District, including but not limited to all setbacks, screening and landscaping and
parking requirements.
75-2
D.
E.
2.
The emission of odor or noise by any use shall be in compliance with and
regulated by applicable state of Minnesota pollution control standards, as
amended.
3.
The outside storage of materials and equipment is prohibited.
4.
The location of exterior steam vents shall be such as to minimize the impacts on
surrounding structures and uses. A plan demonstrating such shall be submitted to
City staff for review.
5.
The development is to be architecturally compatible with and sensitive to nearby
structures.
6.
The development does not conflict or result in incompatible land use
arrangements as related to abutting land uses.
7.
Operations with the primary function of in-store retail and general public
customer contact are permitted. Operations which are primarily to serve other
businesses on a wholesale level are prohibited.
8.
The provisions of Section 801.04.2.F. of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Planned unit development as regulated by Section 801.33 of this Ordinance.
801.75.6:
YARD AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in a "C-1" District subject to
additional requirements, exceptions, and modifications set forth in this Ordinance
setbacks. Front yard, side yard and rear yard setbacks all shall be a minimum distance of
ten (10) feet
801.75.7:
LOT COVERAGE, HEIGHT AND BULK:
The following lot coverage, height and bulk shall be observed in a "C-1" District.
A.
Lot Coverage. The maximum lot coverage of all buildings shall be fifty (50) percent.
B.
Floor Area Ratio. The maximum floor area ratio (F.A.R.) shall be 2.0.
C.
Height. All buildings shall be limited to a maximum height of three (3) stories and thirtyfive (35) feet, whichever is lesser.
D.
Lot Area. The minimum total lot area shall be nine thousand (9,000) square feet.
75-3
SECTION 76
C-2 SHOPPING CENTER BUSINESS DISTRICT
Section 801.76:
801.76.1:
801.76.2:
801.76.3:
801.76.4:
801.76.5:
801.76.6:
801.76.7:
801.76.8:
801.76.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Special Limitations and Conditions
Height, Yard and Lot Coverage Requirements
Administrative Procedure
PURPOSE:
The C-2 District is intended to provide a district which may be applied to land in single
ownership or unified control for the purpose of developing a planned shopping center
with a unified and organized arrangement of buildings and service facilities at locations
which are suitable for such use. All of the following principal uses, except for required
off-street parking facilities, shall be conducted wholly within an enclosed building.
801.76.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in a
"C-2" District.
1.
Adult Use - Principal and Accessory.
2.
Antique shops.
3.
Appliance sales or service stores.
4.
Art galleries or studios.
5.
Art supply, school supply, book or stationery stores.
6.
Automotive accessory stores.
7.
Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of two thousand four hundred
(2,400) square feet.
8.
Banks, savings, lending or other financial institutions, excluding drive-in
facilities.
9.
Barber shops.
10.
Beauty parlors.
11.
Bicycle stores, including bicycle rental, repair or sales.
12.
Blueprinting, photostatting or instant printing establishments under two thousand
(2,000) square feet in gross floor area.
13.
Business machine sales or services stores.
76-1
14.
Camera and photo stores.
15.
Candy or ice cream stores.
16.
Carpet and rug stores.
17.
Catering establishments.
18.
Clothes pressing or tailoring shops.
19.
Department stores.
20.
Drug stores.
21.
Dry cleaning or laundry establishments.
22.
Florist shops.
23.
Food, grocery, meat, fish, bakery or delicatessen stores.
24.
Furniture stores.
25.
Hardware stores.
26.
Hobby or toy stores.
27.
Interior decorating studios.
28.
Jewelry stores.
29.
Laboratories (medical or dental).
30.
Leather goods or luggage shops.
31.
Libraries.
32.
Locksmith shops.
33.
Medical or dental clinics.
34.
Newsstands.
35.
"Off-sale" liquor stores.
36.
Offices, including both business and professional uses.
37.
"On-sale” liquor stores.
38.
Optical stores.
39.
Orthopedic or medical appliance stores.
40.
Paint or wallpaper stores.
41.
Pick up and delivery food establishments provided that no seating is provided
and that no
facilities exist for customer dining on the premises.
42.
Pet shops.
43.
Phonograph, record or sheet music stores.
44.
Photography studios.
45.
Physical fitness, health service establishments, or reducing salons.
46.
Picture framing or picture stores.
47.
Pipe or tobacco shops.
76-2
48.
Post offices.
49.
Plumbing sales
50.
Public utility service stores.
51.
Schools, such as music, dance, business or vocational schools.
52.
Sporting goods stores.
53.
Taxidermy shops.
54.
Theaters, excluding drive-ins.
55.
Variety, gift, notion or soft good stores.
56.
Wearing apparel stores.
57.
Coffee shops.
58.
Municipal parks and playgrounds.
801.76.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
C-2 district and are governed by Section 801.34 of this Ordinance.
A.
Auto glass installation, internal to a shopping center complex.
801.76.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in a “C-2" District.
A.
Accessory uses customarily incidental to the uses allowed in Sections 801.76.2 and
801.76.5 of this Ordinance.
B.
Off-Street Parking and Loading Areas and Structures. Parking of trucks used in the
conduct of a permitted principal use, other than delivery trucks parked for not more than
two (2) consecutive hours, shall be limited to vehicles of not more than twelve thousand
(12,000) pounds gross vehicle weight.
C.
Enclosed storage of merchandise in either principal or accessory building, solely intended
to be retailed by a related and established principal use.
D.
Bus or taxi loading and unloading facilities.
801.76.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in a
"C-2" District. (Requires a conditional use permit based upon procedures set forth in and
regulated by Section 801.04 of this Ordinance.)
A.
Freestanding Automobile Service Station and/or Motor Repair-Minor. Motor fuel
station, auto repair - minor, tire and battery stores and service, and/or other such limited
services provided that:
1.
No building or structure, permanent or temporary, driveway surfaces, parking
areas, advertising devices or other similar site improvements, except driveways
traversing a public road boulevard, shall be located within one hundred ten (110)
feet of any part of a residential district which is separated from the automobile
76-3
service station by a public right-of-way or within fifty (50) feet of a residential
district if they are not separated by a public right-of-way.
2.
Sites for such facilities are freestanding and not part of a principal shopping
center structure and shall have not less than one hundred twenty-five (125) feet
of frontage on the side or sides of the site to or from which access or egress at
two or more locations is possible and not less than one hundred twenty (120) feet
of frontage if there is only one point of access. The total site area shall be not
less than twenty thousand (20,000) square feet for each service bay, to a
maximum of sixty thousand (60,000) total square feet.
3.
Pump islands shall be set back not less than thirty (30) feet from any property
line and not less than fifty (50) feet from any residential district boundary.
4.
Hydraulic hoists or pits and all lubrication, greasing, washing, repair or
diagnostic equipment shall be used totally enclosed within a building.
5.
Facilities on a site contiguous to any residential district shall not be operated
between the hours of 11:00 PM and 6:00 AM unless otherwise allowed by formal
action of the City Council.
6.
Facilities may offer minor auto repairs, but they shall not offer major auto
repairs, the sale or storage of junked cars, or automobile wrecking.
7.
Safety. Regardless of whether the dispensing, sale or offering for sale of motor
fuels and/or oil is incidental to the conduct of the use or business, the standards
and requirements imposed by this Ordinance for motor fuel stations shall apply.
These standards and requirements are, however, in addition to other requirements
which are imposed for other uses of the property.
8.
Compatibility. The architectural appearance, scale, and functional plan of the
building and site shall not be so dissimilar to the existing buildings or areas to
cause impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
9.
Surfacing. The entire site other than that taken up by a building, structure or
plantings shall be surfaced with a material to control dust and drainage which is
subject to the approval of the City.
10.
Drainage. A drainage system subject to the approval of the City shall be
installed.
11.
Curbing. A concrete curb not less than six (6) inches above grade shall separate
the public sidewalk from motor vehicles service areas.
12.
Pump Islands. Wherever fuel pumps are to be installed, pump islands shall be
installed.
13.
Green Strip. At the boundaries of a residential district, a strip of not less than
five feet shall be landscaped and screened in compliance with Section 801.18.
14.
Lighting Standard Base Landscaped. Each light standard base shall be
landscaped.
15.
Stacking, parking or car magazine storage space shall be screened from view of a
butting residential districts in compliance with Section 801.18.
76-4
B.
16.
Vehicle Circulation. Vehicular access points shall create a minimum of conflict
with through traffic movement. Provisions shall be made for transport delivery
of fuel which will not conflict with pump island service.
17.
Noise. Provisions are made to control and reduce noise in accordance with the
Noise Control Section of this Ordinance.
18.
Outside Storage. No outside storage except as allowed in compliance with
Section 801.16.12 of this Ordinance.
19.
Litter Control. The operation shall be responsible for litter control within five
hundred (500) feet of the property line and is to occur on a daily basis.
20.
Sales Limitations. Sale of products other than those specifically mentioned in
this Section shall be subject to a conditional use permit and be in compliance
with Section 801.76.5.I of this Ordinance.
21.
The provisions of Section 801.04.2.F are considered and satisfactorily met.
Convenience Store with Gasoline. Grocery and/or food operations, with convenience gas
(no vehicle service or repair), provided that:
1.
Permitted Uses. The retail sales involve uses or activities which are allowed in a
C-1, C-2 or C-3 District.
2.
Take-Out Food. Convenience/deli food is of the take-out type only and that no
provision for seating or consumption on the premises is provided. Furthermore,
that the enclosed are devoted to such activity, use and merchandise shall not
exceed fifteen (15) percent of the gross floor area.
3.
Sanitation. That any sale of food items is subject to the approval of the City
Health Inspector who shall provide specific written sanitary requirements for
each proposed sale location based upon applicable State and County regulations.
4.
Licenses. That the non-automotive sales shall qualify for and be granted an
annual food handling, retail sales license or other license, as circumstances shall
require, in addition to the conditional use permit.
5.
Litter Control. The operation shall be responsible for litter control within five
hundred (500) feet of the property line and is to occur on a daily basis.
6.
Area. That the approximate area and location devoted to non-automatic
merchandise sales shall be specified in general terms in the application and in the
conditional use permit. Exterior sales shall be subject to a separate conditional
use permit.
7.
Hours of Operation. The hours of operation shall be limited to 6:00 AM to 12:00
PM, unless extended by the City Council.
8.
Motor Fuel Facilities. Motor fuel facilities are installed in accordance with State
and City standards. Additionally, adequate space shall be provided to access gas
pumps and allow maneuverability around the pumps. Underground fuel storage
tanks are to be positioned to allow adequate access by motor fuel transports and
unloading operations do not conflict with circulation, access and other activities
on the site. Fuel pumps shall be installed on pump islands.
9.
Canopy. A protective canopy located over pump island may be an accessory
structure on the property and may be located twenty (20) feet or more from the
front lot line, provided adequate visibility both on and off site is maintained.
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C.
10.
Compatibility. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot. All sides of the principal and accessory structures
are to have essentially the same or a coordinated, harmonious finish treatment.
11.
Dust Control and Drainage. The entire site other than that taken up by a
building, structure or plantings shall be surfaced with a material to control dust
and drainage which is subject to the approval of the City.
12.
Area. A minimum lot area of twenty thousand (20,000) square feet and
minimum lot frontage of one hundred twenty-five (125) feet. The City Council
may exempt previously developed or previously platted property from this
requirement provided that the site is capable of adequately and safety handling all
activities and required facilities.
13.
Curb Separation. A continuous and permanent concrete curb not less than six
inches above grade shall separate the public sidewalk from motor vehicle areas,
pursuant to the provisions of Section 801.20.
14.
Landscaping. At the boundaries of the lot, a strip of not less than five (5) feet
shall be landscaped and screened in compliance with Section 801.18 of this
Ordinance, pursuant to the provisions of Section 801.20.
15.
Light Standards Base Landscaped. Each light standard base shall be landscaped.
16.
Access. Vehicular access points shall create a minimum of conflict with through
traffic movement, and shall be subject to the approval of the City.
17.
Pedestrian Traffic. An internal site pedestrian circulation system shall be defined
and appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
18.
Noise. Noise control shall be as required in the Noise Control Section of this
Ordinance.
19.
Outside Storage and Sales. No outside storage except as allowed in compliance
with Section 801.16.12. An enclosed screened area is to be provided for rubbish
and dumpsters.
20.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Drive-in facilities for banks, or savings and loan associations provided that:
1.
Compatibility. The architectural appearance, scale, construction materials, and
functional plan of the building and site shall not be dissimilar to the existing
nearby commercial and residential buildings, and shall not cause impairment in
property values, or constitute a blighting influence within a reasonable distance
of the site.
2.
Vehicle Access. Vehicular access points shall be limited, shall create a minimum
of conflict with through traffic movements.
3.
Surfacing. The entire area other than that portion occupied by buildings or
structures or plantings shall be surfaced with a material which will control dust
and drainage and which is subject to the approval of the City.
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4.
D.
E.
Drive-through Windows. Service windows shall be allowed if the following
additional criteria are satisfied:
a.
Stacking. Not less than one hundred eighty (180) feet of segregated
automobile stacking lane(s) must be provided for the service window.
b.
Traffic Control. The stacking lane and its access must be designed to
control traffic in a manner to protect the pedestrians, buildings and green
area on the site.
c.
Use of Street. No part of the public street or boulevard may be used for
stacking of automobiles.
d.
Noise. The stacking lane, service intercom, and service window shall be
designed and located in such a manner as to minimize automobile and
communication noises, emissions, and headlight glare upon adjacent
premises, particularly residential premises, and to maximize
maneuverability of vehicles on the site. Levels of noise, light, and air
quality shall occur and be measured at property lines and shall satisfy
established state regulations.
e.
Hours. Hours of operation shall be limited as necessary to minimize the
effect of nuisance factors such as traffic, noise and glare upon any
existing neighboring residential uses.
f.
Green Strip. At any common boundary shared with a residential district,
a strip of not less than five (5) feet shall be landscaped and screened so
as to create an effective visual and sound buffer and separation of uses.
g.
The provisions of Section 801.04.2.F of this Ordinance are considered
and satisfactorily met.
Indoor amusement or recreational establishments, such as commercial bowling alleys,
billiard halls, game centers, swimming pools, skating rinks, or tennis courts as a principal
use provided that:
1.
If located within a shopping center, the use has its own exclusive exterior access.
2.
Any and all applicable local, state and federal laws, permits licenses and
operational regulations are complied with.
3.
The use is located and developed so as not to create an incompatible operation
problem with adjoining and neighboring commercial and/or residential uses.
4.
The hours of operation shall be subject to City Council control and change as a
means to maintain compatibility of uses and activities.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Repair stores or "fix-it" shops which provide services for the repair of home, garden, yard
or personal appliances provided that:
1.
The use is conducted completely indoors.
2.
The site shall accommodate sufficient parking and loading areas in conformance
with Section 801.20 of this Ordinance.
3.
The provisions of Section 801.04.2.F are considered and satisfactorily met.
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F.
G.
Restaurants, excluding drive-ins or convenience food operations provided that:
1.
The use obtains all local, state and federal food and beverage handling licenses
and/or permits.
2.
There shall be no excessive noise or odors emitted from the use.
3.
There shall be no outdoor storage and/or display.
4.
The hours of operation shall be limited as necessary to minimize the effect of
nuisance factors such as traffic, noise and glare upon any existing neighboring
residential uses.
5.
The use must be landscaped and screened in accordance with Section 801.18 of
this Ordinance.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Restaurant, convenience food provided that:
1.
Compatibility. The architectural appearance, scale, construction materials, and
functional plan of the building and site shall not be dissimilar to the existing
nearby commercial buildings, and shall not cause impairment in property values,
or constitute a blighting influence within a reasonable distance of the site.
2.
Green Strip. At any common boundary shared with a residential district, a strip of
not less than five (5) feet shall be landscaped and screened so as to create an
effective visual and sound buffer and separation of uses.
3.
Lighting Standard Base Landscaping. Each light standard base island and all
islands in the parking lot landscaped or covered. The light source is hooded to
prevent glare onto adjoining property and the public right-of-way.
4.
Curbing. Parking areas and driveways shall be curbed with continuous concrete
curbs not less than six (6) inches high above the parking lot or driveway grade.
5.
Vehicle Access. Vehicular access points shall be limited and shall create a
minimum of conflict with through traffic movements.
6.
Drainage. The entire area shall have a drainage system which is subject to the
approval of the City Engineer.
7.
Surfacing. The entire area other than that portion occupied by buildings or
structures or plantings shall be surfaced with a material which will control dust
and drainage and which is subject to the approval of the City.
8.
Loading Berth. Adequate space shall be provided on the site for a loading berth
to accommodate the parking and maneuvering of semi-tractor trailers.
9.
Refuse Storage. All refuse shall be stored in containers as specified by City
Code. Said containers are to be screened and enclosed by a fence or similar
structure.
10.
Litter Control. The operation shall be responsible for litter control within five
hundred (500) feet of the property line and is to occur on a daily basis.
11.
Drive-Through Windows. Service windows shall be allowed if the following
additional criteria are satisfied:
76-8
12.
H.
I.
a.
Stacking. Not less than one hundred eighty (180) feet of segregated
automobile stacking lane must be provided for the service window.
b.
Traffic Control. The stacking lane and its access must be designed to
control traffic in a manner to protect the pedestrians, buildings and green
area on the site.
c.
Use of Street. No part of the public street or boulevard may be used for
stacking of automobiles.
d.
Noise. The stacking lane, order board intercom, and service window
shall be designed and located in such a manner as to minimize
automobile and communication noises, emissions, and headlight glare
upon adjacent premises, particularly residential premises, and to
maximize maneuverability of vehicles on the site. Levels of noise, light,
and air quality shall be measured at property lines and shall satisfy
established state regulations.
e.
Hours. Hours of operation shall be limited as necessary to minimize the
effect of nuisance factors such as traffic, noise and glare upon any
existing neighboring residential uses.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Open and outdoor storage as an accessory use provided that:
1.
The storage area is landscaped, fenced, and screened from view of neighboring
uses and abutting "R" Districts.
2.
Storage is landscaped and screened from view from the public right-of-way.
3.
Storage area is blacktopped or concrete surfaced.
4.
All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
5.
The storage area does not take up parking space or loading space as required for
conformity to this Ordinance.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Open or outdoor services, sale and rental as a principal or accessory use provided that:
1.
Outside services, sales and equipment rental connected with the principal use is
limited to thirty (30) percent of the gross floor area of the principal use. Uses
specified as requiring a separate conditional use permit shall be exempted from
this provision.
2.
Outside sales areas are landscaped and fenced or screened from view of
neighboring residential uses or an abutting "R" District.
3.
All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
4.
Areas are asphalt or concrete surfaced.
5.
The use does not take up parking space or loading areas as required for
conformity to this Ordinance.
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J.
K.
L.
6.
Additional parking, pursuant to Section 801.20 of this Ordinance is provided for
said space.
7.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Child care facilities as an accessory use, provided that:
1.
The attendance of children is on a temporary sporadic basis as compared to a
long-term schedule enrollment.
2.
The facility must allow the children to stay for a period longer than three hours.
The maximum length of stay per individual child is five hours.
3.
The ages of the children attending range from 16 months to 12 years.
4.
The hours of operation coincide with those of the commercial retail stores in the
area or complex.
5.
The employees and facility are licensed by the State Department of Human
Services.
6.
Fire codes as applicable are complied with.
7.
Liability insurance coverage for the operation is demonstrated to the satisfaction
of the City, and includes the City as an additional named insured.
8.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Automobile parking lots of four (4) or more spaces as a principal use or other than those
accessory to the principal use provided that:
1.
The provisions of Section 801.20, of this Ordinance are considered and
satisfactorily met.
2.
The provisions of Section 801.04.2.F. of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
M.
Planned unit development as regulated by Section 801.33 of this Ordinance.
N.
Micro-production Facility, provided that:
1.
Licensing. The owner of the micro-production facility qualifies for and receives
all federal, state and city licenses necessary for the operation of the microproduction facility, including a brewer license and a malt liquor wholesale
license (if wholesale of malt liquor is an intended activity); winery license;
and/or a distiller’s license from the State of Minnesota, according to Minnesota
Statutes Section 340A.
76-10
2.
Taproom/Tasting Room License. An accessory taproom or tasting room for the
on-sale of beer, wine, or spirits produced on-site shall require a taproom/tasting
room license from the City of Wayzata, according to City Code Section 524.02.
3.
Off-sale. On-site sale of beer in the form of growlers shall require a Brewery
License for Off-Sale of Malt Liquor, according to City Code Section 524.02.
On-site sale of wine or spirits, other than samples as governed under Minnesota
State Statutes, shall be prohibited.
4.
Production of Beer. Total production of malt liquor shall not exceed 5,000 barrels
annually. Micro-production Facilities with a taproom license shall not exceed
3,500 barrels annually, and only 500 barrels may be sold off-sale as growlers.
Any micro-production facility operating as a brewery shall annually submit
production reports to the City with the request to renew a brewery taproom or
off-sale malt liquor license.
5.
Production of Wine. Total production of wine shall not exceed 50,000 gallons
annually. Any micro-production facility operating as a winery shall annually
submit production reports to the City with the request to renew a tasting room or
winery license.
6.
Production of Spirits. Total production of spirits shall not exceed 40,000 proof
gallons annually. Any micro-production facility operating as a distillery shall
annually submit production reports to the City with the request to renew a tasting
room or distillery license.
7.
Off-street Loading. The micro-production facility shall provide adequate space
for off-street loading and unloading of all trucks greater than twenty two (22) feet
in length. In the absence of off-street loading, the City may impose limits on
deliveries or shipments using the public rights of ways, including regulating the
number of trucks per day and the hours that deliveries are permitted.
8.
Outdoor Storage. No outdoor storage is permitted on the site, with the exception
that waste handling (refuse and/or recycling) may occur in an enclosure that is
fully screened from adjoining streets and residentially zoned properties.
9.
Odors. No odors from the micro-production facility shall be perceptible beyond
the property line. The micro-production facility operator shall take appropriate
measures to reduce or mitigate any odors generated from the operation and be in
compliance with any applicable Minnesota Pollution Control Standards.
10.
Waste. Waste products shall be disposed of in a timely manner and in such a
way to reduce odors.
11.
Exterior Lighting. All exterior lighting shall be designed in such a way as to
have no direction source of light visible from adjacent property, and shall comply
with the requirements of Section 801.16.6 of the Wayzata Zoning Ordinance.
12.
Parking. Parking supply shall be provided on-site or through off-site
arrangement, to avoid street parking on residential streets. Off-site or reduced
76-11
parking supply shall require separate approval per the requirements of Section
801.20 of the Wayzata Zoning Ordinance, as applicable.
13.
Hours of Operation. Micro-production facility operation hours shall be limited to
the hours specified in Minnesota Statues Chapter 340A for off-sale intoxicating
liquor unless further limited the City Council as part of a Conditional Use Permit.
14.
Other Provisions. The provisions of Section 801.04.2.F of the Wayzata Zoning
Ordinance, pertaining to Conditional Use Permit criteria, are considered and
satisfactorily met. A micro-production facility shall meet all other applicable
performance standards and design requirements in the Wayzata Zoning
Ordinance.
801.76.6:
SPECIAL LIMITATIONS AND CONDITIONS:
A.
All business establishments shall be retail or service establishments which deal directly
with the customer for whom the goods or services are furnished.
B.
Each business establishment shall be operated as a separate and distinct business entity.
Each business establishment shall be physically separate from any other such
establishment by solid walls, partitions or windows, although nothing in this paragraph is
intended to prevent either common ownership or free pedestrian movement from one
establishment to another through either an area commonly owned or leased by all
adjoining establishments or through direct doorway connections. All business
establishments shall be accessible from the exterior of the building in which they are
located by either a direct door to the exterior or by direct access to a "common area"
which in turn has adequate access to the exterior of the building without passing through
another business establishment.
801.76.7:
HEIGHT, YARD AND LOT COVERAGE REQUIREMENTS:
The following minimum requirements shall be observed in a "C-2" District subject to
additional requirements, exceptions, and modifications set forth in this Ordinance.
A.
Height. No building shall be erected or structurally altered to exceed three (3) stories and
thirty-five (35) feet in height, whichever is lesser.
B.
Setback.
1.
There shall be a side yard on each side of any building having a width of not less
than twenty (20) feet, except that no building shall be located within fifty (50)
feet of any side lot line abutting a lot in any residential district.
2.
There shall be a rear yard having a depth of not less than twenty (20) feet, except
that no buildings shall be located within fifty (50) feet of any residential district.
3.
The minimum building setback from any commercial district boundary shall be
as set forth herein or the average height of the building, whichever is greater.
C.
Floor Area Ratio. The maximum floor area ratio (F.A.R.) shall be 1.0.
D.
Lot Area. The minimum total lot area shall be twenty thousand (20,000) square feet.
E.
Required Landscaping. A minimum of twenty (20) percent of the total lot area shall be
landscaped. A landscaped buffer strip of at least eight (8) feet wide shall be provided
between parking areas and adjacent streets or sidewalks. The buffer strip shall consist of
76-12
shade trees at maximum intervals of thirty (30) feet and a decorative fence, masonry wall,
or hedge.
801.76.8: ADMINISTRATIVE PROCEDURE:
Requests for shopping centers within the C-2 Zoning District shall be processed in
accordance with the requirements and procedures of Section 801.33 (Planned Unit
Development) of this Ordinance.
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SECTION 77
C-3 SERVICE DISTRICT
Section 801.77:
801.77.1:
801.77.2:
801.77.3:
801.77.4:
801.77.5:
801.77.6:
801.77.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Height, Yard and Lot Coverage Requirements
PURPOSE:
The C-3 District is intended to provide an area of service facilities to the motoring public.
Because of the unique character of this type of commercial activity and its great
dependence upon transient trade and traffic, and because of the greater than normal
adverse effects created by the uses within this district, the location of such activities are
critical and should be developed either within other commercial spheres adjacent to
arterial traffic routes or as well-buffered areas adjacent to major streets. This district also
is intended as a business district which may be located adjacent to shopping centers or
other retail business districts, thus keeping the basic retail areas compact and convenient,
or in separate areas which may be located in close proximity to a major street or highway,
in order that highway service types of land uses can be provided.
801.77.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in a
"C-3" District.
1.
Adult Use - Principal and Accessory.
2.
Antique shops.
3.
Appliance sales or service stores.
4.
Art galleries or studios.
5.
Art supply, school supply, book or stationery stores.
6.
Automotive accessory stores.
7.
Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of two thousand four hundred
(2,400) square feet.
8.
Banks, savings, lending or other financial institutions, excluding drive-in
facilities.
9.
Barber shops.
10.
Beauty parlors.
11.
Bicycle stores, including bicycle rental, repair or sales.
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12.
Blueprinting, photostatting or instant printing establishments under two thousand
(2,000) square feet in gross floor area.
13.
Business machine sales or services stores.
14.
Camera and photo stores.
15.
Candy or ice cream stores.
16.
Carpet and rug stores.
17.
Catering establishments.
18.
Clothes pressing or tailoring shops.
19.
Department stores.
20.
Drug stores.
21.
Dry cleaning or laundry establishments.
22.
Florist shops.
23.
Food, grocery, meat, fish, bakery or delicatessen stores.
24.
Furniture stores.
25.
Hardware stores.
26.
Hobby or toy stores.
27.
Interior decorating studios.
28.
Jewelry stores.
29.
Laboratories (medical or dental).
30.
Leather goods or luggage shops.
31.
Libraries.
32.
Locksmith shops.
33.
Medical or dental clinics.
34.
Monument sales, excluding processing.
35.
Mortuaries or funeral homes.
36.
Newspaper distribution agencies.
37.
Newsstands.
38.
"Off-sale" liquor stores.
39.
Offices, including both business and professional uses.
40.
"On-sale” liquor stores.
41.
Optical stores.
42.
Orthopedic or medical appliance stores.
43.
Paint or wallpaper stores.
44.
Pick up and delivery food establishments provided that no seating is provided
and that no facilities exist for customer dining on the premises.
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45.
Pet shops.
46.
Phonograph, record or sheet music stores.
47.
Photography studios.
48.
Physical fitness, health service establishments, or reducing salons.
49.
Picture framing or picture stores.
50.
Pipe or tobacco shops.
51.
Post offices.
52.
Plumbing sales
53.
Public utility service stores.
54.
Recording studios.
55.
Rental agencies for the rental of automobiles, trucks or carriage trailers.
56.
Repair stores or "fix it" shops which provide services for the repair of home,
garden, yard or personal appliances.
57.
Schools, such as music, dance, business or vocational schools.
58.
Sporting goods stores.
59.
Taxidermy shops.
60.
Theaters, excluding drive-ins.
61.
Trading stamp redemption centers.
62.
Variety, gift, notion or soft good stores.
63.
Wearing apparel stores.
64.
Coffee shops.
65.
Municipal parks and playgrounds.
801.77.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
C-3 District and are governed by Section 801.34 of this Ordinance:
A.
None.
801.77.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in a "C-3" District:
A.
Accessory uses customarily incident to the uses permitted in Sections 801.77.2 and
801.77.5 of this Ordinance.
B.
Off-Street Parking and Loading Areas and Structures. Parking of trucks used in the
conduct of a permitted principal use, other than delivery trucks parked for not more than
two (2) consecutive hours, shall be limited to vehicles of not more than twelve thousand
(12,000) pounds gross vehicle weight.
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C.
Enclosed storage of merchandise in either principal or accessory building, solely intended
to be retailed by a related and established principal use.
D.
Bus or taxi loading and unloading facilities.
801.77.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in a
"C-3" District: (Requires a conditional use permit based upon procedures set forth in and
regulated by Section 801.04 of this Ordinance.)
A.
Freestanding Automobile Service Station and Auto Repair-Minor. Motor fuel station,
auto repair - minor, tire and battery stores and service, and/or other such limited services
provided that:
1.
No building or structure, permanent or temporary, driveway surfaces, parking
areas, advertising devices or other similar site improvements, except driveways
traversing a public road boulevard, shall be located within one hundred ten (110)
feet of any part of a residential district which is separated from the automobile
service station by a public right-of-way or within fifty (50) feet of a residential
district if they are not separated by a public road right-of-way.
2.
Sites for such facilities are freestanding and not internal to a principal shopping
center structure and shall have not less than one hundred twenty-five (125) feet
of frontage on the side or sides of the site to or from which access or egress at
two or more locations is possible and not less than one hundred twenty (120) feet
of frontage if there is only one point of access. The total site area shall be not
less than twenty thousand (20,000) square feet for each service bay, to a
maximum of sixty thousand (60,000) total square feet.
3.
Pump islands shall be set back not less than thirty (30) feet from any property
line and not less than fifty (50) feet from any residential district boundary.
4.
Hydraulic hoists or pits and all lubrication, greasing, washing, repair or
diagnostic equipment shall be used totally enclosed within a building.
5.
Facilities on a site contiguous to any residential district shall be not operated
between the hours of 11:00 PM and 6:00 AM unless otherwise allowed by formal
action of the City Council.
6.
Facilities may offer minor auto repairs, but they shall not offer major auto
repairs, the sale or storage of junked cars, or automobile wrecking.
7.
Safety. Regardless of whether the dispensing, sale or offering for sale of motor
fuels and/or oil is incidental to the conduct of the use or business, the standards
and requirements imposed by this Ordinance for motor fuel stations shall apply.
These standards and requirements are, however, in addition to other requirements
which are imposed for other uses of the property.
8.
Compatibility. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or areas to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
9.
Surfacing. The entire site other than that taken up by a building, structure or
plantings shall be surfaced with a material to control dust and drainage which is
subject to the approval of the City.
77-4
B.
10.
Drainage. A drainage system subject to the approval of the City shall be
installed.
11.
Curbing. A concrete curb not less than six (6) inches above grade shall separate
the public sidewalk from motor vehicles service areas.
12.
Pump Islands. Wherever fuel pumps are to be installed, pump islands shall be
installed.
13.
Green Strip. At the boundaries of a residential district, a strip of not less than
five feet shall be landscaped and screened in compliance with Section 801.18.
14.
Lighting Standard Base Landscaped. Each light standard base shall be
landscaped.
15.
Stacking. Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 801.18.
16.
Vehicle Circulation. Vehicular access points shall create a minimum of conflict
with through traffic movement. Provisions shall be made for transport delivery of
fuel which will not conflict with pump island service.
17.
Noise. Provisions are made to control and reduce noise in accordance with the
Noise Control Section of this Ordinance.
18.
Outside Storage. No outside storage except as allowed in compliance with
Section 801.16.12 of this Ordinance.
19.
Sales Limitations. Sale of products other than those specifically mentioned in
this Section be subject to a conditional use permit and be in compliance with
Section 801.76.5.I of this Ordinance.
20.
The provisions of Section 801.04.2.F are considered and satisfactorily met.
Convenience Store with Gasoline. Grocery and/or food operations, with convenience gas
(no vehicle service or repair), provided that:
1.
Permitted Uses. The retail sales involve uses or activities which are allowed in a
C-1, C-2 or C-3 District.
2.
Take-Out Food. Convenience/deli food is of the take-out type only and that no
provision for seating or consumption on the premises is provided. Furthermore,
that the enclosed are devoted to such activity, use and merchandise shall not
exceed fifteen (15) percent of the gross floor area.
3.
Sanitation. That any sale of food items is subject to the approval of the City
Health Inspector who shall provide specific written sanitary requirements for
each proposed sale location based upon applicable State and County regulations.
4.
Licenses. That the non-automotive sales shall qualify for and be granted an
annual food handling, retail sales license or other license, as circumstances shall
require, in addition to the conditional use permit.
5.
Litter Control. The operation shall be responsible for litter control within three
hundred (300) feet of the premises and is to occur on a daily basis.
6.
Area. That the approximate area and location devoted to non-automatic
merchandise sales shall be specified in general terms in the application and in the
conditional use permit. Exterior sales shall be subject to a separate conditional
use permit.
77-5
C.
7.
Hours of Operation. The hours of operation shall be limited to 6:00 AM to 12:00
PM, unless extended by the City Council.
8.
Motor Fuel Facilities. Motor fuel facilities are installed in accordance with State
and City standards. Additionally, adequate space shall be provided to access gas
pumps and allow maneuverability around the pumps. Underground fuel storage
tanks are to be positioned to allow adequate access by motor fuel transports and
unloading operations do not conflict with circulation, access and other activities
on the site. Fuel pumps shall be installed on pump islands.
9.
Canopy. A protective canopy located over pump island may be an accessory
structure on the property and may be located twenty (20) feet or more from the
front lot line, provided adequate visibility both on and off site is maintained.
10.
Compatibility. The architectural appearance, scale, and functional plan of the
building and site shall not be so dissimilar to the existing buildings or area as to
cause impairment in property values or constitute a blighting influence within a
reasonable distance of the lot. All sides of the principal and accessory structures
are to have essentially the same or a coordinated, harmonious finish treatment.
11.
Dust Control and Drainage. The entire site other than that taken up by a
building, structure or plantings shall be surfaced with a material to control dust
and drainage which is subject to the approval of the City.
12.
Area. A minimum lot area of twenty thousand (20,000) square feet and
minimum lot frontage of one hundred twenty-five (125) feet. The City Council
may exempt previously developed or previously platted property from this
requirement provided that the site is capable of adequately and safety handling all
activities and required facilities.
13.
Curb Separation. A continuous and permanent concrete curb not less than six
inches above grade shall separate the public sidewalk from motor vehicle areas,
pursuant to the provisions of Section 801.20.
14.
Landscaping. At the boundaries of the lot, a strip of not less than five (5) feet
shall be landscaped and screened in compliance with Section 801.18 of this
Ordinance, pursuant to the provisions of Section 801.20.
15.
Light Standard Base Landscaped. Each light standard base shall be landscaped.
16.
Access. Vehicular access points shall create a minimum of conflict with through
traffic movement, and shall be subject to the approval of the City.
17.
Pedestrian Traffic. An internal site pedestrian circulation system shall be defined
and appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
18.
Noise. Noise control shall be as required in the Noise Control Section of this
Ordinance.
19.
Outside Storage and Sales. No outside storage except as allowed in compliance
with Section 801.16.12. An enclosed screened area is to be provided for outside
rubbish and dumpsters.
20.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Drive-in facilities for banks, or savings and loan associations provided that:
77-6
D.
1.
Compatibility. The architectural appearance, scale, construction materials, and
functional plan of the building and site shall not be dissimilar to the existing
nearby commercial and residential buildings, and shall not cause impairment in
property values, or constitute a blighting influence within a reasonable distance
of the site.
2.
Vehicle Access. Vehicular access points shall be limited, shall create a minimum
of conflict with through traffic movements.
3.
Surfacing. The entire area other than that portion occupied by buildings or
structures or plantings shall be surfaced with a material which will control dust
and drainage and which is subject to the approval of the City.
4.
Drive-through Windows. Service windows shall be allowed if the following
additional criteria are satisfied:
a.
Stacking. Not less than one hundred eighty (180) feet of segregated
automobile stacking lane(s) must be provided for the service window.
b.
Traffic Control. The stacking lane and its access must be designed to
control traffic in a manner to protect the pedestrians, buildings and green
area on the site.
c.
Use of Street. No part of the public street or boulevard may be used for
stacking of automobiles.
d.
Noise. The stacking lane, service intercom, and service window shall be
designed and located in such a manner as to minimize automobile and
communication noises, emissions, and headlight glare upon adjacent
premises, particularly residential premises, and to maximize
maneuverability of vehicles on the site. Levels of noise, light, and air
quality shall occur and be measured at property lines and shall satisfy
established state regulations.
e.
Hours. Hours of operation shall be limited as necessary to minimize the
effect of nuisance factors such as traffic, noise and glare upon any
existing neighboring residential uses.
f.
Green Strip. At any common boundary shared with a residential district,
a strip of not less than five (5) feet shall be landscaped and screened so
as to create an effective visual and sound buffer and separation of uses.
g.
The provisions of Section 801.04.2.F of this Ordinance are considered
and satisfactorily met.
Indoor amusement or recreational establishments, commercial bowling alleys, billiard
halls, game centers, swimming pools, skating rinks or tennis courts as a principal use
provided that:
1.
If located within a shopping center, the use has its own exclusive exterior access.
2.
Any and all applicable local, state and federal laws, permits licenses and
operational regulations are complied with.
3.
The use is located and developed so as not to create an incompatible operation
problem with adjoining and neighboring commercial and/or residential uses.
4.
The hours of operation shall be subject to City Council control and change as a
means to maintain compatibility of uses and activities.
77-7
5.
E.
F.
G.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Repair stores or "fix-it" shops which provide services for the repair of home, garden, yard
or personal appliances provided that:
1.
The use is conducted completely indoors.
2.
The site shall accommodate sufficient parking and loading areas in conformance
with Section 801.20 of this Ordinance.
3.
The provisions of Section 801.04.2.F are considered and satisfactorily met.
Restaurants, excluding drive-ins or convenience food operations provided that:
1.
The use obtains all local, state and federal food and beverage handling licenses
and/or permits.
2.
There shall be no excessive noise or odors emitted from the use.
3.
There shall be no outdoor storage and/or display.
4.
The hours of operation shall be limited as necessary to minimize the effect of
nuisance factors such as traffic, noise and glare upon any existing neighboring
residential uses.
5.
The use must be landscaped and screened in accordance with Section 801.18 of
this Ordinance.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Restaurant, convenience food provided that:
1.
Compatibility. The architectural appearance, scale, construction materials, and
functional plan of the building and site shall not be dissimilar to the existing
nearby commercial buildings, and shall not cause impairment in property values,
or constitute a blighting influence within a reasonable distance of the site.
2.
Green Strip. At any common boundary shared with a residential district, a strip of
not less than five (5) feet shall be landscaped and screened so as to create an
effective visual and sound buffer and separation of uses.
3.
Lighting. Each light standard base island and all islands in the parking lot
landscaped or covered. The light source is hooded to prevent glare onto
adjoining property and the public right-of-way.
4.
Curbing. Parking areas and driveways shall be curbed with continuous concrete
curbs not less than six (6) inches high above the parking lot or driveway grade.
5.
Vehicle Access. Vehicular access points shall be limited and shall create a
minimum of conflict with through traffic movements.
6.
Drainage. The entire area shall have a drainage system which is subject to the
approval of the City Engineer.
7.
Surfacing. The entire area other than that portion occupied by buildings or
structures or plantings shall be surfaced with a material which will control dust
and drainage and which is subject to the approval of the City.
77-8
8.
Loading Berth. Adequate space shall be provided on the site for a loading berth
to accommodate the parking and maneuvering of semi-tractor trailers.
9.
Refuse Storage. All refuse shall be stored in containers as specified by City
Code. Said containers are to be screened and enclosed by a fence or similar
structure.
10.
Litter Control. The operation shall be responsible for litter control within five
hundred (500) feet of the property line and is to occur on a daily basis.
11.
Drive-Through Windows. Service windows shall be allowed if the following
additional criteria are satisfied:
12.
H.
I.
a.
Stacking. Not less than one hundred eighty (180) feet of segregated
automobile stacking lane must be provided for the service window.
b.
Traffic Control. The stacking lane and its access must be designed to
control traffic in a manner to protect the pedestrians, buildings and green
area on the site.
c.
Use of Street. No part of the public street or boulevard may be used for
stacking of automobiles.
d.
Noise. The stacking lane, order board intercom, and service window
shall be designed and located in such a manner as to minimize
automobile and communication noises, emissions, and headlight glare
upon adjacent premises, particularly residential premises, and to
maximize maneuverability of vehicles on the site. Levels of noise, light,
and air quality shall be measured at property lines and shall satisfy
established state regulations.
e.
Hours. Hours of operation shall be limited as necessary to minimize the
effect of nuisance factors such as traffic, noise and glare upon any
existing neighboring residential uses.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Open and outdoor storage as an accessory use provided that:
1.
The storage area is landscaped, fenced, and screened from view of neighboring
uses and abutting "R" Districts.
2.
Storage is landscaped and screened from view from the public right-of-way.
3.
Storage area is blacktopped or concrete surfaced.
4.
All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
5.
The storage area does not take up parking space or loading space as required for
conformity to this Ordinance.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Open or outdoor services, sale and rental as a principal or accessory use provided that:
1.
Outside services, sales and equipment rental connected with the principal use is
limited to thirty (30) percent of the gross floor area of the principal use. Uses
77-9
specified as requiring a separate conditional use permit shall be exempted from
this provision.
J.
K.
2.
Outside sales areas are landscaped and fenced or screened from view of
neighboring residential uses or an abutting "R" District.
3.
All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
4.
Areas are asphalt or concrete surfaced.
5.
The use does not take up parking space or loading areas as required for
conformity to this Ordinance.
6.
Additional parking, pursuant to Section 801.20 of this Ordinance is provided for
said space.
7.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Child care facilities as an accessory use, provided that:
1.
The attendance of children is on a temporary sporadic basis as compared to a
long-term schedule enrollment.
2.
The facility must allow the children to stay for a period longer than three hours.
The maximum length of stay per individual child is five hours.
3.
The ages of the children attending range from 16 months to 12 years.
4.
The hours of operation coincide with those of the commercial retail stores in the
area or complex.
5.
The employees and facility are licensed by the State Department of Human
Services.
6.
Fire codes as applicable are complied with.
7.
Liability insurance coverage for the operation is demonstrated to the satisfaction
of the City, and includes the City as an additional named insured.
8.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Animal hospitals, animal clinics or kennels, excluding establishments with outside runs
provided that:
1.
Any building in which animals are kept, whether roofed sheltered or enclosed
structure, shall be located a distance of one hundred (100) feet or more from any
lot line.
2.
The animals shall, at a minimum, be kept in an enclosed pen or corral of
sufficient height and strength to retain such animals. Said pen or corral may not
be located closer than one hundred (100) feet from a lot line.
3.
The provisions of Minnesota Pollution Control Agency Regulations SW 53(2)
are complied with.
4.
All other applicable state and local regulations pertaining to nuisance, health and
safety conditions, etc. are complied with.
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5.
L.
M.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Automobile agencies, used car lots, automobile washes, boat or marine stores or agencies
and major auto repair which as a principal or accessory use, in accordance with the
provisions of Section 801.77.6. provided that:
1.
The use is adequately screened from view of neighboring residential uses.
2.
Adequate measures are taken to control noise levels.
3.
Adequate measures are taken to control pollution and emissions exhaust.
4.
Hours of operation shall be limited as necessary to minimize the effect of
nuisance factors such as traffic noise and glare upon any existing neighboring
residential uses.
5.
Vehicle Access. Vehicular access points shall be limited and shall create a
minimum of conflict with through traffic movements.
6.
Lighting. Each light standard base island and all islands in the parking lot
landscaped or covered. The light source is hooded to prevent glare onto
adjoining property and the public right-of-way.
7.
Compatibility. The architectural appearance, scale, construction materials, and
function plan of the building and site shall not be dissimilar to the existing nearby
commercial buildings and shall not cause impairment in property values, or
constitute a blighting influence within reasonable distance of the site.
8.
Green Strip. At any common boundary shared with a residential district, a strip
of not less than five (5) feet shall be landscaped and screened so as to create an
effective visual and sound buffer and separation of uses.
9.
Drainage. The entire area shall have a drainage system which is subject to the
approval of the City Engineer.
10.
Surfacing. The entire area other than that portion occupied by buildings or
structures or plantings shall be surfaced with a material which will control dust
and drainage and which is subject to the approval of the City.
11.
Parking and Loading. Adequate parking and loading spaces shall be provided on
the site including adequate room to accommodate the parking and maneuvering
of cars and/or semi-tractor trailers in conformance with Sections 801.20 of this
Ordinance.
12.
Refuse Storage. All refuse shall be stored in containers as specified by the City
Code. Said containers are to be fully screened and enclosed by a fence or similar
structure.
13.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Miniature golf courses, par three golf courses, archery ranges, tennis courts or golf
driving ranges provided that:
1.
The entire perimeter of the site is fenced in accordance with Section 801.18 of
this Ordinance.
77-11
N.
O.
P.
Q.
2.
The hours of operation shall be limited as necessary to minimize the effect of
nuisance factors such as traffic noise and glare upon any existing neighboring
residential uses.
3.
Lighting. All lighting shall be hooded and so directed to prevent glare onto
adjacent properties and/or roads.
4.
The site is well maintained, landscaped and screened in accordance with Section
801.18 of this Ordinance.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Motels, hotels, lodges, or boarding houses provided that:
1.
All State regulations are complied with including obtaining all required permits
and/or licenses.
2.
Parking and loading areas are in conformance with the parking and loading
ordinances outlined in Section 801.20 of this Ordinance.
3.
The parking and loading spaces shall not be located within the front yard of a lot
and must meet all applicable provisions of the parking and loading ordinance.
4.
The site shall be landscaped and screened in compliance with Section 801.18 of
this Ordinance.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Nursery or garden stores or retail greenhouses provided that:
1.
There are no growing fields on the site.
2.
Outdoor sales/display area shall be limited to thirty (30) percent of the gross lot
area and be in conformance with the performance standards of Section 801.16.12
of this Ordinance.
3.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Outdoor sale and display of fruits or vegetables provided that:
1.
The provisions of Section 801.16.12 of this Ordinance are considered and
satisfactorily met.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Commercial car washes (drive through, mechanical and self-service) provided that:
1.
The architectural appearance, scale, and functional plan of the building and site
shall not be so dissimilar to the existing buildings or areas as to cause impairment
in property values or constitute a blighting influence.
2.
Magazine or stacking space is constructed to accommodate that number of
vehicles which can be washed during a maximum thirty (30) minute period and
shall be subject to the approval of the City Engineer.
77-12
R.
S.
3.
At the boundaries of a residential district, a strip of not less than five (5) feet
shall be landscaped and screened in compliance with Section 801.18 of this
Ordinance.
4.
Each light standard island and all islands in the parking lot shall be landscaped or
covered.
5.
Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with Section 801.18 of this Ordinance.
6.
The entire area other than occupied by the building or plantings shall be surfaced
with material which will control dust and drainage which is subject to the
approval of the City Engineer.
7.
The entire area shall have a drainage system which is subject to the approval of
the City Engineer.
8.
All lighting shall be hooded and so directed that the light source is not visible
from the public right-of-way or from an abutting residence and shall be in
compliance with Section 801.16.6 of this Ordinance.
9.
Vehicular access points shall be limited, shall create a minimum of conflict with
through traffic movement and shall be subject to the approval of the City
Engineer.
10.
All signing and information or visual communication devices shall be in
compliance with the applicable provisions of Section 801.27 of this Ordinance.
11.
Provisions are made to control and reduce noise.
12.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Automobile parking lots of four (4) or more spaces as a principal use or other than those
accessory to the principal use provided that:
1.
The provisions of Section 801.20 of this Ordinance are considered and
satisfactorily met.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
T.
Planned unit development as regulated by Section 801.33 of this Ordinance.
U.
Micro-production Facility, provided that:
1.
Licensing. The owner of the micro-production facility qualifies for and receives
all federal, state and city licenses necessary for the operation of the microproduction facility, including a brewer license and a malt liquor wholesale
77-13
license (if wholesale of malt liquor is an intended activity); winery license;
and/or a distiller’s license from the State of Minnesota, according to Minnesota
Statutes Section 340A.
2.
Taproom/Tasting Room License. An accessory taproom or tasting room for the
on-sale of beer, wine, or spirits produced on-site shall require a taproom/tasting
room license from the City of Wayzata, according to City Code Section 524.02.
3.
Off-sale. On-site sale of beer in the form of growlers shall require a Brewery
License for Off-Sale of Malt Liquor, according to City Code Section 524.02.
On-site sale of wine or spirits, other than samples as governed under Minnesota
State Statutes, shall be prohibited.
4.
Production of Beer. Total production of malt liquor shall not exceed 5,000 barrels
annually. Micro-production Facilities with a taproom license shall not exceed
3,500 barrels annually, and only 500 barrels may be sold off-sale as growlers.
Any micro-production facility operating as a brewery shall annually submit
production reports to the City with the request to renew a brewery taproom or
off-sale malt liquor license.
5.
Production of Wine. Total production of wine shall not exceed 50,000 gallons
annually. Any micro-production facility operating as a winery shall annually
submit production reports to the City with the request to renew a tasting room or
winery license.
6.
Production of Spirits. Total production of spirits shall not exceed 40,000 proof
gallons annually. Any micro-production facility operating as a distillery shall
annually submit production reports to the City with the request to renew a tasting
room or distillery license.
7.
Off-street Loading. The micro-production facility shall provide adequate space
for off-street loading and unloading of all trucks greater than twenty two (22) feet
in length. In the absence of off-street loading, the City may impose limits on
deliveries or shipments using the public rights of ways, including regulating the
number of trucks per day and the hours that deliveries are permitted.
8.
Outdoor Storage. No outdoor storage is permitted on the site, with the exception
that waste handling (refuse and/or recycling) may occur in an enclosure that is
fully screened from adjoining streets and residentially zoned properties.
9.
Odors. No odors from the micro-production facility shall be perceptible beyond
the property line. The micro-production facility operator shall take appropriate
measures to reduce or mitigate any odors generated from the operation and be in
compliance with any applicable Minnesota Pollution Control Standards.
10.
Waste. Waste products shall be disposed of in a timely manner and in such a
way to reduce odors.
11.
Exterior Lighting. All exterior lighting shall be designed in such a way as to
have no direction source of light visible from adjacent property, and shall comply
with the requirements of Section 801.16.6 of the Wayzata Zoning Ordinance.
77-14
12.
Parking. Parking supply shall be provided on-site or through off-site
arrangement, to avoid street parking on residential streets. Off-site or reduced
parking supply shall require separate approval per the requirements of Section
801.20 of the Wayzata Zoning Ordinance, as applicable.
13.
Hours of Operation. Micro-production facility operation hours shall be limited to
the hours specified in Minnesota Statues Chapter 340A for off-sale intoxicating
liquor unless further limited the City Council as part of a Conditional Use Permit.
14.
Other Provisions. The provisions of Section 801.04.2.F of the Wayzata Zoning
Ordinance, pertaining to Conditional Use Permit criteria, are considered and
satisfactorily met. A micro-production facility shall meet all other applicable
performance standards and design requirements in the Wayzata Zoning
Ordinance.
801.77.6:
HEIGHT, SETBACK AND LOT COVERAGE REQUIREMENTS:
The following minimum requirements shall be observed in a "C-3" District subject to
additional requirements, exceptions, and modifications set forth in this Ordinance. The
following lot coverage, height and bulk shall be observed in a "C-3" District.
A.
Height. No building shall be erected or structurally altered to exceed two (2) stories and
thirty (30) feet in height, whichever is lesser.
B.
Setback.
1.
(Front) There shall be a front yard having a depth of not less than ten (10) feet.
2.
(Side) There shall be a side yard on each side of any building having a width of
not less than ten (10) feet, except where a greater side yard is required to provide
parking and loading, as required by Sections 801.14 and 801.15, and except that
no building shall be located within fifty (50) feet of any side lot line abutting a
residential district.
3.
(Rear) There shall be a rear yard having a depth of not less than ten (10) feet,
except where a greater rear yard is required to provide parking and loading, as
required by Section 801.14 and 801.15, and except that no building shall be
located within fifty (50) feet of any rear lot line abutting a residential district.
C.
Lot Coverage. The maximum lot coverage of all buildings shall be fifty (50) percent.
D.
Lot Area. The minimum total lot area shall be fifteen thousand (15,000) square feet.
E.
Floor Area Ratio. The maximum floor area ratio (F.A.R.) shall be 1.0.
F.
Required Landscaping. A minimum of twenty (20) percent of the total lot shall be
landscaped and maintained. A landscaped buffer strip of at least eight (8) feet wide shall
be provided between parking areas and adjacent streets or sidewalks. The buffer strip
shall consist of shade trees at maximum intervals of thirty (30) feet and a decorative
fence, masonry wall, or hedge.
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SECTION 78
C-4 CENTRAL BUSINESS DISTRICT
Section 801.78:
801.78.1:
801.78.2:
801.78.3:
801.78.4:
801.78.5:
801.78.6:
801.78.7:
801.78.1:
Purpose
Permitted Uses
Accessory Uses
Interim Use
Conditional Uses
Special Limitations and Conditions
Height, Setback and Lot Coverage Requirements
PURPOSE:
The C-4 District is intended to provide a district accommodating those retail, service and
office functions which are characteristic to a "downtown" area and to allow the present
downtown area to expand, develop and redevelop, with emphasis on specialty shops and
office uses. Planned commercial development as provided for in this Ordinance will be
encouraged so as to provide a cohesive and unified central business district in general
accordance with the Comprehensive Plan.
801.78.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in a
"C-4" District.
1.
Adult Use - Accessory.
2.
Antique shops.
3.
Appliance sales or service stores.
4.
Art galleries or studios.
5.
Art supply, school supply, book or stationery stores.
6.
Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of two thousand four hundred
(2,400) square feet.
7.
Banks, savings, lending or other financial institutions.
8.
Barber shops.
9.
Beauty parlors.
10.
Blueprinting, photostatting or instant printing establishments under two thousand
(2,000) square feet in gross floor area.
11.
Business machine sales or service stores.
12.
Camera and photo stores.
13.
Candy or ice cream stores.
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14.
Carpet and rug stores (sample showrooms only).
15.
Catering establishments.
16.
Clothes pressing or tailoring shops.
17.
Department stores.
18.
Drug stores.
19.
Dry cleaning receiving and pick up or laundry self-service establishments,
excluding commercial laundering and dry-cleaning.
20.
Florist shops.
21.
Food, grocery, meat, fish, bakery or delicatessen stores.
22.
Furniture stores.
23.
Hardware stores.
24.
Hobby stores.
25.
Interior decorating studios.
26.
Jewelry stores.
27.
Laboratories (medical or dental).
28.
Leather goods or luggage shops.
29.
Libraries.
30.
Locksmith shops.
31.
Medical or dental clinics.
32.
Newsstands which are not free-standing.
33.
"Off-sale" liquor stores.
34.
Offices, including both business and professional uses.
35.
"On-sale" liquor stores.
36.
Optical stores.
37.
Paint or wallpaper stores.
38.
Parking or garages, other than those accessory to a principal use, for the parking
and storage of private passenger automobiles only.
39.
Pawn shops.
40.
Pet shops.
41.
Phonograph, record or sheet music stores.
42.
Photography studios.
43.
Picture framing or picture stores.
44.
Pipe tobacco shops.
45.
Post offices.
46.
Public utility service stores.
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47.
Restaurants excluding the service of liquor and excluding convenience food
establishments.
48.
Schools, such as music, dance, business or vocational schools.
49.
Sporting goods stores.
50.
Taxidermy shops.
51.
Theaters, excluding drive-ins.
52.
Variety, gift, notion or soft good stores.
53.
Wearing apparel stores.
54.
Coffee shops
55.
Municipal parks and playgrounds.
56.
Upper story dwelling units subject the density standards of the R-5 District.
801.78.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
C-4 District and are governed by Section 801.34 of this Ordinance.
A.
801.78.4:
None.
ACCESSORY USES:
The following are permitted accessory uses in a "C-4" District.
A.
Accessory uses customarily incident to the uses permitted in Sections 801.78.2 and
801.78.5 of this Ordinance.
B.
Off-Street Parking and Loading Areas and Structures. Parking of trucks used in the
conduct of a permitted principal use, other than delivery trucks parked for not more than
two (2) consecutive hours, shall be limited to vehicles of not more than twelve thousand
(12,000) pounds gross vehicle weight.
C.
Telephone booths.
D.
Enclosed storage of merchandise in either principal or accessory building, solely intended
to be retailed by a related and established principal use.
E.
Enclosed storage of merchandise in either principal or accessory building, solely intended
to be retailed by a related and established principal use.
F.
Bus or taxi loading and unloading facilities.
801.78.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in a
"C-4" District: (Requires a conditional use permit based upon procedures set forth in and
regulated by Section 801.04 of this Ordinance.)
A.
Drive-in facilities for banks or savings and loan associations provided that:
1.
The driveway access shall not be on a residential street.
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B.
C.
2.
The curb cut setbacks and parking shall be in conformance with Section 801.20,
the Parking Ordinance.
3.
The stacking lane and its access must be designed to control traffic in a manner
to protect the pedestrians, buildings and green area on the site.
4.
The service windows and driveway shall be screened from view if adjacent to a
residentially used property.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Physical, culture or health service establishments or reducing salons provided that:
1.
The use shall not serve alcoholic beverages.
2.
If located within a shopping center, the use has its own exclusive exterior access.
3.
The use is located and developed so as not to create an incompatible operation
problem with adjoining and neighboring commercial and/or residential uses.
4.
Any and all applicable local, state and federal laws, permits licenses and
operational regulations are complied with.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Accessory, enclosed retail, rental or service activity other than that allowed as a permitted
use or conditional use within this Section, provided that:
1.
Such use is allowed as a permitted use in a "B-1, or "B-2" District.
2.
Such use does not constitute more than thirty (30) percent of the lot area and not
more than fifty (50) percent of the gross floor area of the principal use.
3.
Adequate off-street parking and off-street loading in compliance with the
requirements of Section 801.20 of this Ordinance is provided.
4.
All signing and informational or visual communication devices shall be in
compliance with Section 801.27 of this Ordinance.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
D.
Drive-inns or convenience food establishments provided that the provisions of Section
801.04.2.F of this Ordinance are considered and satisfactorily met.
E.
Residential use as a principal use provided that:
1.
The development does not front or border Lake Street.
2.
The development does not conflict with existing or potential future commercial
uses and activities.
3.
The density standards imposed as part of the R-5 Zoning District are complied
with.
4.
Adequate open space and recreational space is provided on site for the benefit of
the occupants.
5.
The development does not conflict or result in incompatible land use
arrangements as related to abutting residential uses or commercial uses.
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6.
F.
G.
H.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Open and outdoor storage as an accessory use provided that:
1.
The storage area is landscaped, fenced, and screened from view of neighboring
uses and abutting "R" Districts.
2.
Storage is landscaped and screened from view from the public right-of-way.
3.
Storage area is blacktopped or concrete surfaced.
4.
All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
5.
The storage area does not take up parking space or loading space as required for
conformity to this Ordinance.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Open or outdoor service, sale and rental as a principal or accessory use provided that:
1.
Outside services, sales and equipment rental connected with the principal use is
limited to thirty (30) percent of the gross floor area of the principal use.
2.
Outside sales areas are landscaped and fenced or screened from view of
neighboring residential uses or an abutting "R" District.
3.
All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
4.
Areas are asphalt or concrete surfaced.
5.
The use does not take up parking space or loading areas as required for
conformity to this Ordinance.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Outdoor Sidewalk Cafes as a conditional accessory use, provided that:
1.
Functional Requirements.
a.
Existing and/or proposed principal use shall conform to existing City
zoning regulations.
b.
Cafe shall be a minimum distance from a R-1A, R-1, R-2, R-3, and R-4
residential zoning district:
(1) 200 foot minimum for non-alcoholic cafes.
(2) 500 foot minimum for alcoholic establishments.
c.
Cafe area shall be limited to the public right-of-way abutting the lot front
as defined by this Ordinance.
d.
Cafe area shall be segregated from through pedestrian circulation by
means of temporary fencing, bollards, ropes, plantings, etc. Segregation
device(s) must not cause destruction to the sidewalk or other elements
within the public right-of-way.
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2.
3.
e.
Minimum clear passage zone for pedestrians at the perimeter of the cafe
shall be at least five (5) feet without interference from parked motor
vehicles, bollards, trees, treegates, curbs, stairways, trash receptacles,
street lights, parking meters, etc.
f.
Overstory canopy of tree/umbrellas extending into the pedestrian clear
passage zone or pedestrian aisle shall have a minimum clearance of
seven (7) feet above sidewalk.
g.
A minimum of forty-two (42) inches shall be provided within aisles of
cafe.
h.
Furniture and enclosed perimeter shall be movable to allow for seasonal
changes.
i.
No storage of furniture on sidewalk shall be allowed between the months
of October and April.
j.
No outside bar, cooking facility, food preparation or holding area, or wait
station shall be established.
k.
Any lighting used to illuminate the cafe area shall be so arranged as to
reflect the light away from the adjoining property and public streets or
alleys, and be in compliance with this Ordinance.
l.
No electronically amplified outdoor music, intercom, audio speakers, or
other such noise generating devices shall be allowed in the cafe area.
Liability Requirements.
a.
The property owner, restaurant operator and the City shall enter into a
hold harmless agreement, as provided by the City, exempting the City
from all liability claims associated with the cafe use.
b.
Maintenance of public right-of-way, including landscaping, for which the
cafe is located upon shall be the property owner's responsibility.
c.
Security of the cafe area shall be the responsibility of the property owner.
d.
Property owner shall pick up litter within one hundred (100) feet of the
cafe on a daily basis.
e.
A special license for outdoor sidewalk cafe shall be renewed no later
than November 1st of each year.
Aesthetic Requirements.
a.
Furniture shall be washable, constructed of metal, plastic or other
weather resistant materials and maintained in a safe and sanitary
condition.
b.
Plant material shall be in containers to allow for movement.
c.
Annual/perennial flowers shall be used to enhance streetscape aesthetics.
d.
Canopies/umbrellas shall be used for summer sun protection subject to
the provisions of this Ordinance.
e.
One (1) covered trash receptacle matching appearance of other furniture
shall be provided for every eight (8) tables.
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I.
f.
Design of site furnishings and cafe layout shall be reviewed prior to
installation by the City subject to the above provisions.
g.
The provisions of Section 801.04.2.F of this Ordinance are considered
and satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
J.
Planned unit development as regulated by Section 801.33 of this Ordinance.
K.
Existing clubs or lodges provided that:
L.
1.
All State regulations are complied with including obtaining all required permits
and/or licenses.
2.
Parking and loading areas are in conformance with the parking and loading
ordinances outlined in Section 801.20 of this Ordinance.
3.
The parking and loading spaces shall not be located within the front yard of a lot
and must meet all applicable provisions of the parking and loading ordinance.
4.
The site shall be landscaped and screened in compliance with Section 801.18 of
this Ordinance.
5.
The provisions of Section 801.04.2.F. of this Ordinance are considered and
satisfactorily met.
Micro-production Facility, provided that:
1.
Licensing. The owner of the micro-production facility qualifies for and receives
all federal, state and city licenses necessary for the operation of the microproduction facility, including a brewer license and a malt liquor wholesale
license (if wholesale of malt liquor is an intended activity); winery license;
and/or a distiller’s license from the State of Minnesota, according to Minnesota
Statutes Section 340A.
2.
Taproom/Tasting Room License. An accessory taproom or tasting room for the
on-sale of beer, wine, or spirits produced on-site shall require a taproom/tasting
room license from the City of Wayzata, according to City Code Section 524.02.
3.
Off-sale. On-site sale of beer in the form of growlers shall require a Brewery
License for Off-Sale of Malt Liquor, according to City Code Section 524.02.
On-site sale of wine or spirits, other than samples as governed under Minnesota
State Statutes, shall be prohibited.
4.
Production of Beer. Total production of malt liquor shall not exceed 5,000 barrels
annually. Micro-production Facilities with a taproom license shall not exceed
78-7
3,500 barrels annually, and only 500 barrels may be sold off-sale as growlers.
Any micro-production facility operating as a brewery shall annually submit
production reports to the City with the request to renew a brewery taproom or
off-sale malt liquor license.
5.
Production of Wine. Total production of wine shall not exceed 50,000 gallons
annually. Any micro-production facility operating as a winery shall annually
submit production reports to the City with the request to renew a tasting room or
winery license.
6.
Production of Spirits. Total production of spirits shall not exceed 40,000 proof
gallons annually. Any micro-production facility operating as a distillery shall
annually submit production reports to the City with the request to renew a tasting
room or distillery license.
7.
Off-street Loading. The micro-production facility shall provide adequate space
for off-street loading and unloading of all trucks greater than twenty two (22) feet
in length. In the absence of off-street loading, the City may impose limits on
deliveries or shipments using the public rights of ways, including regulating the
number of trucks per day and the hours that deliveries are permitted.
8.
Outdoor Storage. No outdoor storage is permitted on the site, with the exception
that waste handling (refuse and/or recycling) may occur in an enclosure that is
fully screened from adjoining streets and residentially zoned properties.
9.
Odors. No odors from the micro-production facility shall be perceptible beyond
the property line. The micro-production facility operator shall take appropriate
measures to reduce or mitigate any odors generated from the operation and be in
compliance with any applicable Minnesota Pollution Control Standards.
10.
Waste. Waste products shall be disposed of in a timely manner and in such a
way to reduce odors.
11.
Exterior Lighting. All exterior lighting shall be designed in such a way as to
have no direction source of light visible from adjacent property, and shall comply
with the requirements of Section 801.16.6 of the Wayzata Zoning Ordinance.
12.
Parking. Parking supply shall be provided on-site or through off-site
arrangement, to avoid street parking on residential streets. Off-site or reduced
parking supply shall require separate approval per the requirements of Section
801.20 of the Wayzata Zoning Ordinance, as applicable.
13.
Hours of Operation. Micro-production facility operation hours shall be limited to
the hours specified in Minnesota Statues Chapter 340A for off-sale intoxicating
liquor unless further limited the City Council as part of a Conditional Use Permit.
14.
Other Provisions. The provisions of Section 801.04.2.F of the Wayzata Zoning
Ordinance, pertaining to Conditional Use Permit criteria, are considered and
satisfactorily met. A micro-production facility shall meet all other applicable
performance standards and design requirements in the Wayzata Zoning
Ordinance.
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801.78.6:
SPECIAL LIMITATIONS AND CONDITIONS:
A.
All business establishments shall be retail or service establishments which deal directly
with the customer for whom the goods or services are furnished.
B.
Each business establishment shall be operated as a separate and distinct business entity.
Each business establishment shall be physically separate from any other such
establishment by solid walls, partitions or windows, although nothing in this paragraph is
intended to prevent either common ownership or free pedestrian movement from one
establishment to another through either an area commonly owned or leased by all
adjoining establishments or through direct doorway connections. All business
establishments shall be accessible from the exterior of the building in which they are
located by either a direct door to the exterior or by direct access to a "common area"
which in turn has adequate access to the exterior of the building without passing through
another business establishment
C.
Retail or Commercial Use. At least 50 percent of the building frontage on the ground
floor along Lake Street must be used for retail or service commercial use and should
comprise at least 50 percent of the ground floor building footprint.
D.
New Lake Street Buildings. All new buildings along Lake Street with a building
footprint of 4,000 square feet or more shall be developed with more than on of the
following uses: retail, service, residential, and office. Upper floors may be used for any
permitted use including residential.
E.
All buildings shall meet the defined sidewalk line except for small setbacks to provide
outdoor seating, plazas or recess entries.
F.
Parking in the front yard is prohibited.
801.78.7:
HEIGHT, SETBACK AND LOT COVERAGE REQUIREMENTS:
The following minimum requirements shall be observed in a "C-4" District subject to
additional requirements, exceptions, and modifications set forth in this Ordinance. The
following lot coverage, height and bulk shall be observed in a "C-4" District.
A.
Height. No building shall be erected or structurally altered to exceed three (3) stories and
thirty-five (35) feet in height, whichever is lesser. Three story buildings are subject to the
following additional standards:
1.
The third story must be set back from the building’s front façade a minimum
distance of ten (10) feet; or
2.
A portion of the third story, equal to no more than twenty five (25) percent of the
building’s street frontage may be located in the same plane as the building’s front
façade if the remainder of the third story is setback a minimum distance of
twenty (20) feet.
B.
Setback.
1.
There shall be no front yard, exterior side yard or rear yard requirements, except
that there shall be a required setback from C-4 District boundaries when such
boundaries are adjacent to a residential district the same as the setback for the
adjacent district.
C.
Floor Area Ratio. The maximum floor area ratio (F.A.R.) shall be 2.0.
D.
Area. The minimum total lot area shall be twelve thousand (12,000) square feet.
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SECTION 79
C-4A LIMITED CENTRAL BUSINESS DISTRICT
Section 801.79:
801.79.1:
801.79.2:
801.79.3:
801.79.4:
801.79.5:
801.79.6:
801.79.7:
801.79.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Special Limitations and Conditions
Height, Yard and Lot Coverage
PURPOSE:
The C-4A District is intended to provide a district accommodating those retail, service,
office and residential functions which are characteristic to a "downtown" area and to
allow the present downtown area to expand, develop and redevelop, with emphasis on
specialty shops and office uses with continuous linear low level building designs. Such
areas are to be characterized by individual store fronts with public sidewalk access, as
contrasted to shopping mall type development. Planned commercial development as
provided for in this Ordinance will be encouraged, so as to provide a cohesive and unified
central business district in general accordance with the Comprehensive Plan.
801.79.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses
within the "C-4A" District:
1.
Adult Use - Accessory.
2.
Antique shops.
3.
Appliance sales or service stores.
4.
Art galleries or studios.
5.
Art supply, school supply, book or stationery stores.
6.
Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of two thousand four hundred
(2,400) square feet.
7.
Banks, savings, lending or other financial institutions.
8.
Barber shops.
9.
Beauty parlors.
10.
Blueprinting, photostatting or instant printing establishments under two thousand
(2,000) square feet in gross floor area.
11.
Business machine sales or service stores.
12.
Camera and photo stores.
79-1
13.
Candy or ice cream stores.
14.
Carpet and rug stores (sample showrooms only).
15.
Catering establishments.
16.
Clothes pressing or tailoring shops.
17.
Department stores.
18.
Drug stores.
19.
Dry cleaning receiving and pick up or laundry self-service establishments,
excluding commercial laundering and dry cleaning.
20.
Florist shops.
21.
Food, grocery, meat, fish, bakery or delicatessen stores.
22.
Furniture stores.
23.
Hardware stores.
24.
Hobby stores.
25.
Interior decorating studios.
26.
Jewelry stores.
27.
Laboratories (medical or dental).
28.
Leather goods or luggage shops.
29.
Libraries.
30.
Locksmith shops.
31.
Medical or dental clinics.
32.
Newsstands which are not free-standing.
33.
"Off-sale" liquor stores.
34.
Offices, including both business and professional uses.
35.
"On-sale" liquor stores.
36.
Optical stores.
37.
Paint or wallpaper stores.
38.
Parking or garages, other than those accessory to a principal use, for the parking
and storage of private passenger automobiles only.
39.
Pawn shops.
40.
Pet shops.
41.
Phonograph, record or sheet music stores.
42.
Photography studios.
43.
Picture framing or picture stores.
44.
Pipe tobacco shops.
45.
Post offices.
79-2
46.
Public utility service stores.
47.
Restaurants excluding the service of liquor and excluding convenience food
establishments.
48.
Schools, such as music, dance, business or vocational schools.
49.
Sporting goods stores.
50.
Taxidermy shops.
51.
Theaters, excluding drive-ins.
52.
Variety, gift, notion or soft good stores.
53.
Wearing apparel stores.
54.
Coffee shops.
55.
Municipal parks and playgrounds.
56.
Upper story dwelling units subject to the density standards of the R-5 District.
801.79.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
C-4A District and are governed by Section 801.34 of this Ordinance:
A.
Existing car wash and dispensing operations provided that:
1.
801.79.4:
All proposed alterations and/or modifications to the building and site are subject
to the issuance of a conditional use permit as set forth in Section 801.04 of the
Zoning Ordinance.
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are accessory uses in the
C-4A District:
A.
Accessory uses customarily incident to the uses permitted in Sections 801.79.2 and
801.79.5 of this Ordinance.
B.
Off-Street Parking and Loading Areas and Structures. Parking of trucks used in the
conduct of a permitted principal use, other than delivery trucks parked for not more than
two (2) consecutive hours, shall be limited to vehicles of not more than twelve thousand
(12,000) pounds gross vehicle weight.
C.
Telephone booths.
D.
Enclosed storage of merchandise in either principal or accessory building, solely intended
to be retailed by a related and established principal use.
E.
Bus or taxi loading and unloading facilities.
801.79.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in a
"C-4A" District: (Requires a conditional use permit based upon procedures set forth in
and regulated by Section 801.04 of this Ordinance.)
A.
Drive-in facilities for banks or savings and loan associations provided that:
79-3
B.
C.
1.
The driveway access shall not be on a residential street.
2.
The curb cut setbacks and parking shall be in conformance with Section 801.20,
the Parking Ordinance.
3.
The stacking lane and its access must be designed to control traffic in a manner
to protect the pedestrians, buildings and green area on the site.
4.
The service windows and driveway shall be screened from view if adjacent to a
residentially used property.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Physical, culture or health service establishments or reducing salons provided that:
1.
The use shall not serve alcoholic beverages.
2.
If located within a shopping center, the use has its own exclusive exterior access.
3.
The use is located and developed so as not to create an incompatible operation
problem with adjoining and neighboring commercial and/or residential uses.
4.
Any and all applicable local, state and federal laws, permits licenses and
operational regulations are complied with.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Accessory, enclosed retail, rental or service activity other than that allowed as a permitted
use or conditional use within this Section, provided that:
1.
Such use is allowed as a permitted use in a "B-1, or "B-2" District.
2.
Such use does not constitute more than thirty (30) percent of the lot area and not
more than fifty (50) percent of the gross floor area of the principal use.
3.
Adequate off-street parking and off-street loading in compliance with the
requirements of Section 801.20 of this Ordinance is provided.
4.
All signing and informational or visual communication devices shall be in
compliance with Section 801.27 of this Ordinance.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
D.
Drive-ins and delicatessens with seating facilities provided that the provisions of Section
801.04.2.F of this Ordinance are considered and satisfactorily met.
E.
Residential use as a principal use provided that:
1.
The development does not front or border Lake Street.
2.
The development does not conflict with existing or potential future commercial
uses and activities.
3.
The density standards imposed as part of the R-5 Zoning District are complied
with.
4.
Adequate open space and recreational space is provided on site for the benefit of
the occupants.
79-4
G.
H.
I.
5.
The development does not conflict or result in incompatible land use
arrangements as related to abutting residential uses.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Open and outdoor storage as an accessory use provided that:
1.
The storage area is landscaped, fenced, and screened from view of neighboring
uses and abutting "R" Districts.
2.
Storage is landscaped and screened from view from the public right-of-way.
3.
Storage area is blacktopped or concrete surfaced.
4.
All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
5.
The storage area does not take up parking space or loading space as required for
conformity to this Ordinance.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Open or outdoor service, sale and rental as a principal or accessory use provided that:
1.
Outside services, sales and equipment rental connected with the principal use is
limited to thirty (30) percent of the gross floor area of the principal use.
2.
Outside sales areas are landscaped and fenced or screened from view of
neighboring residential uses or an abutting "R" District.
3.
All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
4.
Areas are asphalt or concrete surfaced.
5.
The use does not take up parking space or loading areas as required for
conformity to this Ordinance.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Outdoor Sidewalk Cafes as a conditional accessory use, provided that:
1.
Functional Requirements.
a.
Existing and/or proposed principal use shall conform to existing City
zoning regulations.
b.
Cafe shall be a minimum distance from a R-1A, R-1, R-2, R-3, and R-4
residential zoning district:
(1) 200 foot minimum for non-alcoholic cafes.
(2) 500 foot minimum for alcoholic establishments.
c.
Cafe area shall be limited to the public right-of-way abutting the lot front
as defined by this Ordinance.
d.
Cafe area shall be segregated from through pedestrian circulation by
means of temporary fencing, bollards, ropes, plantings, etc. Segregation
79-5
device(s) must not cause destruction to the sidewalk or other elements
within the public right-of-way.
2.
3.
e.
Minimum clear passage zone for pedestrians at the perimeter of the cafe
shall be at least five (5) feet without interference from parked motor
vehicles, bollards, trees, treegates, curbs, stairways, trash receptacles,
street lights, parking meters, etc.
f.
Overstory canopy of tree/umbrellas extending into the pedestrian clear
passage zone or pedestrian aisle shall have a minimum clearance of
seven (7) feet above sidewalk.
g.
A minimum of forty-two (42) inches shall be provided within aisles of
cafe.
h.
Furniture and enclosed perimeter shall be movable to allow for seasonal
changes.
i.
No storage of furniture on sidewalk shall be allowed between the months
of October and April.
j.
No outside bar, cooking facility, food preparation or holding area, or wait
station shall be established.
k.
Any lighting used to illuminate the cafe area shall be so arranged as to
reflect the light away from the adjoining property and public streets or
alleys, and be in compliance with this Ordinance.
l.
No electronically amplified outdoor music, intercom, audio speakers, or
other such noise generating devices shall be allowed in the cafe area.
Liability Requirements.
a.
The property owner, restaurant operator and the City shall enter into a
hold harmless agreement, as provided by the City, exempting the City
from all liability claims associated with the cafe use.
b.
Maintenance of public right-of-way, including landscaping, for which the
cafe is located upon shall be the property owner's responsibility.
c.
Security of the cafe area shall be the responsibility of the property owner.
d.
Property owner shall pick up litter within one hundred (100) feet of the
cafe on a daily basis.
e.
A special license for outdoor sidewalk cafe shall be renewed November
1st of each year.
Aesthetic Requirements.
a.
Furniture shall be washable, constructed of metal, plastic or other
weather resistant materials and maintained in a safe and sanitary
condition.
b.
Plant material shall be in containers to allow for movement.
c.
Annual/perennial flowers shall be used to enhance streetscape aesthetics.
d.
Canopies/umbrellas shall be used for summer sun protection subject to
the provisions of this Ordinance.
79-6
4.
J.
e.
One (1) covered trash receptacle matching appearance of other furniture
shall be provided for every eight (8) tables.
f.
Design of site furnishings and cafe layout shall be reviewed prior to
installation by the City.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
K.
Planned unit development as regulated by Section 801.33 of this Ordinance.
L
Existing clubs or lodges provided that:
M.
1.
All State regulations are complied with including obtaining all required permits
and/or licenses.
2.
Parking and loading areas are in conformance with the parking and loading
ordinances outlined in Section 801.20 of this Ordinance.
3.
The parking and loading spaces shall not be located within the front yard of a lot
and must meet all applicable provisions of the parking and loading ordinance.
4.
The site shall be landscaped and screened in compliance with Section 801.18 of
this Ordinance.
5.
The provisions of Section 801.04.2.F. of this Ordinance are considered and
satisfactorily met.
Micro-production Facility, provided that:
1.
Licensing. The owner of the micro-production facility qualifies for and receives
all federal, state and city licenses necessary for the operation of the microproduction facility, including a brewer license and a malt liquor wholesale
license (if wholesale of malt liquor is an intended activity); winery license;
and/or a distiller’s license from the State of Minnesota, according to Minnesota
Statutes Section 340A.
2.
Taproom/Tasting Room License. An accessory taproom or tasting room for the
on-sale of beer, wine, or spirits produced on-site shall require a taproom/tasting
room license from the City of Wayzata, according to City Code Section 524.02.
3.
Off-sale. On-site sale of beer in the form of growlers shall require a Brewery
License for Off-Sale of Malt Liquor, according to City Code Section 524.02.
79-7
On-site sale of wine or spirits, other than samples as governed under Minnesota
State Statutes, shall be prohibited.
4.
Production of Beer. Total production of malt liquor shall not exceed 5,000 barrels
annually. Micro-production Facilities with a taproom license shall not exceed
3,500 barrels annually, and only 500 barrels may be sold off-sale as growlers.
Any micro-production facility operating as a brewery shall annually submit
production reports to the City with the request to renew a brewery taproom or
off-sale malt liquor license.
5.
Production of Wine. Total production of wine shall not exceed 50,000 gallons
annually. Any micro-production facility operating as a winery shall annually
submit production reports to the City with the request to renew a tasting room or
winery license.
6.
Production of Spirits. Total production of spirits shall not exceed 40,000 proof
gallons annually. Any micro-production facility operating as a distillery shall
annually submit production reports to the City with the request to renew a tasting
room or distillery license.
7.
Off-street Loading. The micro-production facility shall provide adequate space
for off-street loading and unloading of all trucks greater than twenty two (22) feet
in length. In the absence of off-street loading, the City may impose limits on
deliveries or shipments using the public rights of ways, including regulating the
number of trucks per day and the hours that deliveries are permitted.
8.
Outdoor Storage. No outdoor storage is permitted on the site, with the exception
that waste handling (refuse and/or recycling) may occur in an enclosure that is
fully screened from adjoining streets and residentially zoned properties.
9.
Odors. No odors from the micro-production facility shall be perceptible beyond
the property line. The micro-production facility operator shall take appropriate
measures to reduce or mitigate any odors generated from the operation and be in
compliance with any applicable Minnesota Pollution Control Standards.
10.
Waste. Waste products shall be disposed of in a timely manner and in such a
way to reduce odors.
11.
Exterior Lighting. All exterior lighting shall be designed in such a way as to
have no direction source of light visible from adjacent property, and shall comply
with the requirements of Section 801.16.6 of the Wayzata Zoning Ordinance.
12.
Parking. Parking supply shall be provided on-site or through off-site
arrangement, to avoid street parking on residential streets. Off-site or reduced
parking supply shall require separate approval per the requirements of Section
801.20 of the Wayzata Zoning Ordinance, as applicable.
13.
Hours of Operation. Micro-production facility operation hours shall be limited to
the hours specified in Minnesota Statues Chapter 340A for off-sale intoxicating
liquor unless further limited the City Council as part of a Conditional Use Permit.
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14.
801.79.6:
Other Provisions. The provisions of Section 801.04.2.F of the Wayzata Zoning
Ordinance, pertaining to Conditional Use Permit criteria, are considered and
satisfactorily met. A micro-production facility shall meet all other applicable
performance standards and design requirements in the Wayzata Zoning
Ordinance.
SPECIAL LIMITATIONS AND CONDITIONS:
A.
All business establishments shall be retail or service establishments which deal directly
with the customer for whom the goods or services are furnished.
B.
Each business establishment shall be operated as a separate and distinct business entity.
Each business establishment shall be physically separate from any other such
establishment by solid walls, partitions or windows, although nothing in this paragraph is
intended to prevent either common ownership or free pedestrian movement from one
establishment to another through either an area commonly owned or leased by all
adjoining establishments or through direct doorway connections. All business
establishments shall be accessible from the exterior of the building in which they are
located by either a direct door to the exterior or by direct access to a "common area"
which in turn has adequate access to the exterior of the building without passing through
another business establishment.
C.
Retail or Commercial Use. At least 50 percent of the building frontage on the ground
floor along Lake Street must be used for retail or service commercial use and must
comprise at least 50 percent of the ground floor building footprint.
D.
New Lake Street Buildings. All new buildings along Lake Street with a building
footprint of 4,000 square feet or more must be developed with more than one of the
following uses: retail, service, residential and office. Upper floors may be used for any
permitted use including residential.
E.
All buildings shall meet the defined sidewalk line except for small setbacks to provide
outdoor Seating, plazas, or recessed entries.
F.
Parking in the front yard is prohibited.
801.79.7:
HEIGHT, SETBACK AND LOT COVERAGE:
The following minimum requirements shall be observed in a "C-4A" District subject to
additional requirements, exceptions, and modifications set forth in this Ordinance.
A.
Height. No building shall be erected or structurally altered to exceed two (2) stories and
thirty (30) feet in height, whichever is lesser.
B.
Setbacks. There shall be no front yard, exterior side yard or rear yard requirements,
except that there shall be a required setback within C-4A District boundaries when such
boundaries are adjacent to a residential district. In such cases, the setback shall be the
same as the setback for the adjacent district.
C.
Floor Area Ratio. The maximum floor area ratio (F.A.R.) shall be 2.0.
D.
Area. The minimum total lot area shall be twelve thousand (12,000) square feet.
79-9
SECTION 80
C-4B CENTRAL BUSINESS DISTRICT
Section 801.80:
801.80.1:
801.80.2:
801.80.3:
801.80.4:
801.80.5:
801.80.6:
801.80.7:
801.80.8:
801.80.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Existing Uses
Special Limitations and Conditions
Height, Yard and Lot Coverage Requirements
PURPOSE:
The C-4B District is intended to provide a district accommodating those retail sales,
service, office and residential functions which are characteristic to a "downtown" area
and to allow the present downtown area to expand, develop and redevelop, with emphasis
on specialty shops and retail uses with continuous linear low level building designs, while
maintaining this desired character. Such areas are to be characterized by individual
storefronts with public sidewalk access, as contrasted to shopping mall type development.
The district requires retail use at street grade.
801.80.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in a
"C-4B" District:
A.
At street grade, the following specifically identified retail sale and service uses:
1.
Adult Use - Accessory.
2.
Antique shops.
3.
Art galleries or studios.
4.
Art supply, school supply, book or stationery stores.
5.
Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of two thousand four hundred
(2,400) square feet.
6.
Banks, savings, lending or other financial institutions, (excluding drive-ins).
7.
Barber shops.
8.
Beauty parlors.
9.
Blueprinting, photostatting or instant printing.
10.
Business machine sales or service stores.
11.
Camera and photo stores.
12.
Candy or ice cream stores.
80-1
13.
Carpet and rug stores (sample showrooms only).
14.
Clothes pressing or tailoring shops.
15.
Department stores.
16.
Drug stores.
17.
Dry cleaning receiving and pick up or laundry self-service establishments,
excluding commercial laundering and dry cleaning.
18.
Florist shops.
19.
Food, grocery, meat, fish, bakery or delicatessen stores.
20.
Furniture stores.
21.
Hardware stores.
22.
Hobby stores.
23.
Interior decorating studios.
24.
Jewelry stores.
25.
Leather goods or luggage shops.
26.
Libraries.
27.
Locksmith shops.
28.
Medical or dental clinics.
29.
Newsstands which are not free-standing.
30.
Optical stores.
31.
Paint or wallpaper stores.
32.
Pet shops.
33.
Phonograph, record or sheet music stores.
34.
Photography studios.
35.
Picture framing on picture stores.
36.
Pipe tobacco shops.
37.
Post offices.
38.
Public utility service stores.
39.
Restaurants including the service of liquor and excluding convenience food
establishments.
40.
Sporting goods stores.
41.
Taxidermy shops.
42.
Theaters, excluding drive-ins.
43.
Variety, gift, notion or soft goods stores.
44.
Wearing apparel stores.
45.
Coffee shops.
80-2
46.
47.
B.
Municipal parks and playgrounds.
Municipal “Off-sale” and “On-sale” Liquor Stores.
Other than at street grade:
1.
All uses identified in Section 801.80.2.A above.
2.
Laboratories (medical and dental).
3.
Offices, including both business and professional uses.
4.
Schools such as music, dance, business or vocational schools.
5.
Upper story dwelling units subject to the density standards of the R-5
District.
801.80.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
C-4B District and are governed by Section 801.34 of this Ordinance:
A.
Accessory parking lot fronting on Lake Street provided that:
1.
The use is accessory to a principal use or is a principal use under public
ownership.
2.
The design and construction of the facility is in compliance with applicable
provisions of this Ordinance.
3.
The use of the site for parking is temporary in nature with the intent of
development of the site for commercial purposes.
801.80.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in the C-4B District.
A.
Accessory uses customarily incident to the uses permitted in Sections 801.80.2
and 801.80.5 of this Ordinance.
B.
Off-Street Parking and Loading Areas and Structures. Parking of trucks used in
the conduct of a permitted principal use, other than delivery trucks parked for not
more than two (2) consecutive hours, shall be limited to vehicles of not more
than twelve thousand (12,000) pounds gross vehicle weight. Unless approved as
an interim use, such area shall not border or front Lake Street.
C.
Enclosed storage of merchandise in either principal or accessory building, solely
intended to be retailed by a related and established principal use.
D.
Bus or taxi loading and unloading facilities.
801.80.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in a
"C-4B" District: (Requires a conditional use permit based upon procedures set forth in
and regulated by Section 801.04 of this Ordinance.)
A.
Drive-in facilities for banks or savings and loan associations provided that:
80-3
B.
C.
1.
The driveway access shall not be on a residential street.
2.
The curb cut setbacks and parking shall be in conformance with Section 801.20,
the Parking Ordinance.
3.
The stacking lane and its access must be designed to control traffic in a manner
to protect the pedestrians, buildings and green area on the site.
4.
The service windows and driveway shall be screened from view if adjacent to a
residentially used property.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Physical, culture or health service establishments or reducing salons provided that:
1.
The use shall not serve alcoholic beverages.
2.
If located within a shopping center, the use has its own exclusive exterior access.
3.
The use is located and developed so as not to create an incompatible operation
problem with adjoining and neighboring commercial and/or residential uses.
4.
Any and all applicable local, state and federal laws, permits licenses and
operational regulations are complied with.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Accessory, enclosed retail, rental or service activity other than that allowed as a permitted
use or conditional use within this Section, provided that:
1.
Such use is allowed as a permitted use in a "B-1, or "B-2" District.
2.
Such use does not constitute more than thirty (30) percent of the lot area and not
more than fifty (50) percent of the gross floor area of the principal use.
3.
Adequate off-street parking and off-street loading in compliance with the
requirements of Section 801.20 of this Ordinance is provided.
4.
All signing and informational or visual communication devices shall be in
compliance with Section 801.27 of this Ordinance.
5.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
D.
Drove-ins and delicatessens with seating facilities provided that the provisions of Section
801.04.2.F of this Ordinance are considered and satisfactorily met.
E.
Residential use as a principal use provided that:
1.
The development does not front or border Lake Street.
2.
The development does not conflict with existing or potential future commercial
uses and activities.
3.
The density standards imposed as part of the R-5 Zoning District are complied
with.
4.
Adequate open space and recreational space is provided on site for the benefit of
the occupants.
80-4
F.
G.
H.
5.
The development does not conflict or result in incompatible land use
arrangements as related to abutting residential uses.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Open and outdoor storage as an accessory use provided that:
1.
The storage area is landscaped, fenced, and screened from view of neighboring
uses and abutting "R" Districts.
2.
Storage is landscaped and screened from view from the public right-of-way.
3.
Storage area is blacktopped or concrete surfaced.
4.
All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
5.
The storage area does not take up parking space or loading space as required for
conformity to this Ordinance.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Open or outdoor service, sale and rental as a principal or accessory use provided that:
1.
Outside services, sales and equipment rental connected with the principal use is
limited to thirty (30) percent of the gross floor area of the principal use.
2.
Outside sales areas are landscaped and fenced or screened from view of
neighboring residential uses or an abutting "R" District.
3.
All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
4.
Areas are asphalt or concrete surfaced.
5.
The use does not take up parking space or loading areas as required for
conformity to this Ordinance.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Outdoor Sidewalk Cafes as a conditional accessory use, provided that:
1.
Functional Requirements.
a.
Existing and/or proposed principal use shall conform to existing City
zoning regulations.
b.
Cafe shall be a minimum distance from a R-1A, R-1, R-2, R-3, and R-4
residential zoning district:
(1) 200 foot minimum for non-alcoholic cafes.
(2) 500 foot minimum for alcoholic establishments.
c.
Cafe area shall be limited to the public right-of-way abutting the lot front
as defined by this Ordinance.
d.
Cafe area shall be segregated from through pedestrian circulation by
means of temporary fencing, bollards, ropes, plantings, etc. Segregation
80-5
device(s) must not cause destruction to the sidewalk or other elements
within the public right-of-way.
2.
3.
e.
Minimum clear passage zone for pedestrians at the perimeter of the cafe
shall be at least five (5) feet without interference from parked motor
vehicles, bollards, trees, treegates, curbs, stairways, trash receptacles,
street lights, parking meters, etc.
f.
Overstory canopy of tree/umbrellas extending into the pedestrian clear
passage zone or pedestrian aisle shall have a minimum clearance of
seven (7) feet above sidewalk.
g.
A minimum of forty-two (42) inches shall be provided within aisles of
cafe.
h.
Furniture and enclosed perimeter shall be movable to allow for seasonal
changes.
i.
No storage of furniture on sidewalk shall be allowed between the months
of October and April.
j.
No outside bar, cooking facility, food preparation or holding area, or wait
station shall be established.
k.
Any lighting used to illuminate the cafe area shall be so arranged as to
reflect the light away from the adjoining property and public streets or
alleys, and be in compliance with this Ordinance.
l.
No electronically amplified outdoor music, intercom, audio speakers, or
other such noise generating devices shall be allowed in the cafe area.
Liability Requirements.
a.
The property owner, restaurant operator and the City shall enter into a
hold harmless agreement, as provided by the City, exempting the City
from all liability claims associated with the cafe use.
b.
Maintenance of public right-of-way, including landscaping, for which the
cafe is located upon shall be the property owner's responsibility.
c.
Security of the cafe area shall be the responsibility of the property owner.
d.
Property owner shall pick up litter within one hundred (100) feet of the
cafe on a daily basis.
e.
A special license for outdoor sidewalk cafe shall be renewed no later
than November 1st of each year.
Aesthetic Requirements.
a.
Furniture shall be washable, constructed of metal, plastic or other
weather resistant materials and maintained in a safe and sanitary
condition.
b.
Plant material shall be in containers to allow for movement.
c.
Annual/perennial flowers shall be used to enhance streetscape aesthetics.
d.
Canopies/umbrellas shall be used for summer sun protection subject to
the provisions of this Ordinance.
80-6
4.
I.
e.
One (1) covered trash receptacle matching appearance of other furniture
shall be provided for every eight (8) tables.
f.
Design of site furnishings and cafe layout shall be reviewed by the City
prior to installation.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
J.
Planned unit development as regulated by Section 801.33 of this Ordinance.
K.
Existing clubs or lodges provided that:
L.
1.
All State regulations are complied with including obtaining all required permits
and/or licenses.
2.
Parking and loading areas are in conformance with the parking and loading
ordinances outlined in Section 801.20 of this Ordinance.
3.
The parking and loading spaces shall not be located within the front yard of a lot
and must meet all applicable provisions of the parking and loading ordinance.
4.
The site shall be landscaped and screened in compliance with Section 801.18 of
this Ordinance.
5.
The provisions of Section 801.04.2.F. of this Ordinance are considered and
satisfactorily met.
Micro-production Facility, provided that:
1.
Licensing. The owner of the micro-production facility qualifies for and receives
all federal, state and city licenses necessary for the operation of the microproduction facility, including a brewer license and a malt liquor wholesale
license (if wholesale of malt liquor is an intended activity); winery license;
and/or a distiller’s license from the State of Minnesota, according to Minnesota
Statutes Section 340A.
2.
Taproom/Tasting Room License. An accessory taproom or tasting room for the
on-sale of beer, wine, or spirits produced on-site shall require a taproom/tasting
room license from the City of Wayzata, according to City Code Section 524.02.
3.
Off-sale. On-site sale of beer in the form of growlers shall require a Brewery
License for Off-Sale of Malt Liquor, according to City Code Section 524.02.
80-7
On-site sale of wine or spirits, other than samples as governed under Minnesota
State Statutes, shall be prohibited.
4.
Production of Beer. Total production of malt liquor shall not exceed 5,000 barrels
annually. Micro-production Facilities with a taproom license shall not exceed
3,500 barrels annually, and only 500 barrels may be sold off-sale as growlers.
Any micro-production facility operating as a brewery shall annually submit
production reports to the City with the request to renew a brewery taproom or
off-sale malt liquor license.
5.
Production of Wine. Total production of wine shall not exceed 50,000 gallons
annually. Any micro-production facility operating as a winery shall annually
submit production reports to the City with the request to renew a tasting room or
winery license.
6.
Production of Spirits. Total production of spirits shall not exceed 40,000 proof
gallons annually. Any micro-production facility operating as a distillery shall
annually submit production reports to the City with the request to renew a tasting
room or distillery license.
7.
Off-street Loading. The micro-production facility shall provide adequate space
for off-street loading and unloading of all trucks greater than twenty two (22) feet
in length. In the absence of off-street loading, the City may impose limits on
deliveries or shipments using the public rights of ways, including regulating the
number of trucks per day and the hours that deliveries are permitted.
8.
Outdoor Storage. No outdoor storage is permitted on the site, with the exception
that waste handling (refuse and/or recycling) may occur in an enclosure that is
fully screened from adjoining streets and residentially zoned properties.
9.
Odors. No odors from the micro-production facility shall be perceptible beyond
the property line. The micro-production facility operator shall take appropriate
measures to reduce or mitigate any odors generated from the operation and be in
compliance with any applicable Minnesota Pollution Control Standards.
10.
Waste. Waste products shall be disposed of in a timely manner and in such a
way to reduce odors.
11.
Exterior Lighting. All exterior lighting shall be designed in such a way as to
have no direction source of light visible from adjacent property, and shall comply
with the requirements of Section 801.16.6 of the Wayzata Zoning Ordinance.
12.
Parking. Parking supply shall be provided on-site or through off-site
arrangement, to avoid street parking on residential streets. Off-site or reduced
parking supply shall require separate approval per the requirements of Section
801.20 of the Wayzata Zoning Ordinance, as applicable.
13.
Hours of Operation. Micro-production facility operation hours shall be limited to
the hours specified in Minnesota Statues Chapter 340A for off-sale intoxicating
liquor unless further limited the City Council as part of a Conditional Use Permit.
80-8
14.
801.80.6:
Other Provisions. The provisions of Section 801.04.2.F of the Wayzata Zoning
Ordinance, pertaining to Conditional Use Permit criteria, are considered and
satisfactorily met. A micro-production facility shall meet all other applicable
performance standards and design requirements in the Wayzata Zoning
Ordinance.
EXISTING USES:
Any established use which legally existed within its respective zoning district prior to the
enactment and application of a C-4B classification and which requires a conditional use
permit under the C-4B designation, may be continued in like fashion and activity and
shall automatically be considered as having received conditional use approval. A change
in ownership of such property shall not affect the conditional use permit approval status
so long as the business or use continues in a like fashion and activity.
801.80.7:
SPECIAL LIMITATIONS AND CONDITIONS:
A.
All business establishments at street grade shall be retail or service establishments which
deal directly with the customer for whom the goods or services are furnished.
B.
All business establishments at street grade shall be complementary to the retail character
of the district and enhance pedestrian traffic.
C.
Each business establishment shall be operated as a separate and distinct business entity.
Each business establishment shall be physically separate from any other such
establishment by solid walls, partitions or windows, although nothing in this paragraph is
intended to prevent either common ownership or free pedestrian movement from one
establishment to another through either an area commonly owned or through direct
doorway connections. All business establishments shall be accessible from the exterior
of the building in which they are located either by a direct door to the exterior or by direct
access to a "common area" which in turn has adequate access to the exterior of the
building without passing through another business establishment.
D.
At least 50 percent of the building frontage on the ground floor along Lake Street must be
used for retail or service commercial use and must comprise at least 50 percent of the
ground floor building footprint.
E.
New Lake Street Buildings. All new buildings along Lake Street with a building
footprint of 4,000 square feet or more must be developed with more than one of the
following uses: retail, service, residential, and office. Upper floors may be used for any
permitted use including residential.
F.
All buildings shall meet the defined sidewalk line except for small setbacks to provide
outdoor seating, plazas, or recessed entries.
G.
Parking is prohibited in the front yard is prohibited.
801.80.8:
HEIGHT, YARD AND LOT COVERAGE REQUIREMENTS:
The following minimum requirements shall be observed in a "C-4B" District subject to
additional requirements, exceptions, and modifications set forth in this Ordinance.
A.
Height. No building shall be erected or structurally altered to exceed two (2) stories and
thirty (30) feet in height, whichever is lesser.
80-9
B.
Setback. There shall be no front yard, exterior side yard or rear yard requirements, except
that there shall be a required setback within C-4B District boundaries when such
boundaries are adjacent to a residential district. In such cases, the setback shall be the
same as the setback for the adjacent district.
C.
Floor Area Ratio. The maximum floor area ratio (F.A.R.) shall be 2.0.
D.
Area. The minimum total lot area shall be twelve thousand (12,000) square feet.
80-10
SECTION 81
C-1B, MIXED USE RESIDENTIAL DISTRICT
Section 801.81:
801.81.1:
801.81.2:
801.81.3:
801.81.4:
801.81.5:
801.81.6:
801.81.7:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Yard and Setback Requirements
Lot Coverage, Height and Bulk
801.81.1:
PURPOSE:
The C-1B District is intended to provide a district which is related to and may reasonably
adjoin residential districts for the location and development of mixed use buildings with
residential use as the predominant use, in addition to limited office, service, and retail
uses.
801.81.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in the
C-1B District.
A.
Mixed use buildings with no less than sixty (60) percent of the building square footage
(SF) comprising residential use, and the balance comprising of one or more of the
following (or similar) type retail, office, or service use:
1.
Art galleries or studios.
2.
Commercial/professional offices.
3.
Day care facilities serving twelve (12) or fewer persons.
4.
Florist shops.
5.
Interior decorating studios.
6.
Photographic studios.
7.
Hobby Stores
8.
Variety, gift, boutique, or soft goods stores
9.
Wearing apparel stores
81-1
B.
Municipal parks and playgrounds.
C.
Residential use as a principal use subject to the density standards of the
801.81.3:
R-3A District.
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
C-1B District and are governed by Section 801.34 of this Ordinance.
A.
None.
801.81.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in a C-1B District.
A.
Accessory uses and structures customarily incidental to the uses permitted in Section
801.81.2 and 801.81.5 of this Ordinance.
B.
Off-Street Parking and Loading Areas and Structures. Parking of trucks used in the
conduct of a permitted principal use, other than delivery trucks parked for not more than
two (2) consecutive hours, shall be limited to vehicles of not more than twelve thousand
(12,000) pounds gross vehicle weight.
C.
Enclosed storage of merchandise in either principal or accessory building, solely intended
to be retailed by a related and established principal use.
801.81.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in a
C-1B District. (Requires a conditional use permit based upon procedures set forth in and
regulated by Section 801.04 of this Ordinance.)
A.
B.
Governmental and public related utility buildings and structures necessary for the health,
safety, and general welfare of the City, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F. of this Ordinance are considered and
satisfactorily met.
Planned unit development as regulated by Section 801.33 of this Ordinance.
81-2
801.81.6:
YARD AND SETBACK REQUIREMENTS:
The following minimum setback requirements shall be observed in a C-1B District,
subject to additional requirements, exceptions, and modifications set forth in this
Ordinance.
A.
B.
Principal Structures:
1.
Front Yard:
Ten (10) feet.
2.
Side Yard:
Ten (10) feet.
3.
Rear Yard:
Twenty (20) feet.
Accessory Structure(s):
1.
Front Yard: Twenty (20) feet.
2.
Side Yard: Five (5) feet.
3.
Rear Yard: Five (5) feet.
801.81.7:
LOT COVERAGE, HEIGHT, BULK, AND OTHER REGULATIONS:
The following lot coverage, height and bulk shall be observed in a C-1B District.
A.
Lot Coverage. The maximum lot coverage of all buildings shall be thirty percent
(30%).
B.
Impervious Surface. The maximum impervious surface coverage on a lot shall be thirtyfive percent (35%).
C.
Floor Area Ratio. The maximum floor area ratio (F.A.R.) shall be 2.0.
D.
Height. All buildings shall be limited to a maximum height of two and one half
(2-1/2) stories and thirty (30) feet in vertical distance above the Grade Plan to the
highest point of a flat, mansard, shed, round or arch type roof, or thirty two (32)
feet in vertical distance above the Grade Plane, as measured to the highest peak of
a pitched, hipped, or gambrel roof.
E.
Lot Area. The minimum total lot area shall be seven thousand (7,000) square feet.
F.
All accessory buildings shall be limited to a maximum height of twenty (20) feet.
81-3
SECTION 82 THROUGH 84
(RESERVED FOR FUTURE USE)
SECTION 85
R-D RESEARCH AND DEVELOPMENT DISTRICT
Section 801.85:
801.85.1:
801.85.2:
Purpose
Special Limitations and Conditions
801.85.1:
PURPOSE:
The R-D District is intended to allow restrictive industrial-type growth for certain uses
with high standards of performance which do not create appreciable nuisances or hazards.
The regulations for this District are intended to encourage development which will be
very similar to office uses, which will be compatible with and can reasonably adjoin
higher density residential development, and which will promote desirable concentrations
of similar such uses.
801.85.2:
SPECIAL LIMITATIONS AND CONDITIONS:
A.
All applications to use or plat property for research and development purposes shall be
considered in accordance with the procedures and provisions of Section 801.33, Planned
Unit Development.
B.
All uses within the R-D District shall be conditional uses and shall be considered in
accordance with the procedures and provisions of Section 801.04, Conditional Uses.
Such uses shall be limited to administrative, wholesale, testing, light manufacturing and
similar or related uses which can be conducted in an unobtrusive manner.
C.
All research and development projects shall contain sufficient open space, landscaping
and off- street parking areas, and all such projects shall maintain a high standard of
appearance, with all external effects to be adequately controlled (e.g., noise and smoke).
85-1
SECTION 86
B-W BUSINESS/WAREHOUSING DISTRICT
Section 801.86:
801.86.1:
801.86.2:
801.86.3:
801.86.4:
801.86.5:
801.86.6:
801.86.1:
Purpose
Permitted Uses
Interim Uses
Accessory Uses
Conditional Uses
Height, Yard and Lot Coverage Requirements
PURPOSE:
The purpose of the "B-W" Business/Warehousing District is to provide for the
establishment of wholesale and retail trade of large volume or bulk commercial items,
storage and warehousing. The overall character of the "B-W" District is intended to be
transitional in nature, thus industrial uses allowed within this District shall be limited to
those which can compatibly exist adjacent to commercial and lower intensity activities.
801.86.2:
PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses
within the "B-W" District:
A.
Automobile repair - minor.
B.
Commercial printing establishments.
C.
Commercial/professional offices.
D.
Conference centers.
E.
Essential services.
F.
Governmental and public utility buildings and structures.
G.
Indoor commercial recreation.
H.
Laboratories.
I.
Wholesale showrooms.
801.86.3:
INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
B-W District and are governed by Section 801.34 of this Ordinance:
A.
None.
86-1
801.86.4:
ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses within the "B-W" District:
A.
Accessory uses customarily incidental to the uses allowed in Sections 801.86.2 and
801.86.5 of this Ordinance.
B.
Off-Street Parking and Loading Areas and Structures. Parking of trucks used in the
conduct of a permitted principal use, other than delivery trucks parked for not more than
two (2) consecutive hours, shall be limited to vehicles of not more than twelve thousand
(12,000) pounds gross vehicle weight.
C.
Enclosed storage of merchandise in either principal or accessory building, solely intended
to be retailed by a related and established principal use.
D.
Bus or taxi loading and unloading facilities.
801.86.5:
CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in a
"B-W" District: (Requires a conditional use permit based upon procedures set forth in
and regulated by Section 801.04 of this Ordinance.)
A.
B.
Open and outdoor storage including the parking of commercial vehicles in excess of that
allowed as a permitted accessory use as an accessory use provided that:
1.
The storage area is landscaped, fenced, and screened from view of neighboring
uses and abutting "R" Districts.
2.
Storage is landscaped and screened from view from the public right-of-way.
3.
Storage area is blacktopped or concrete surfaced.
4.
All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
5.
The storage area does not take up parking space or loading space as required for
conformity to this Ordinance.
6.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Open or outdoor services, sale and rental as a principal or accessory use provided that:
1.
Outside services, sales and equipment rental connected with the principal use is
limited to thirty (30) percent of the gross floor area of the principal use. Uses
specified as requiring a separate conditional use permit shall be exempted from
this provision.
2.
Outside sales areas are landscaped and fenced or screened from view of
neighboring residential uses or an abutting "R" District.
3.
All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
4.
Areas are asphalt or concrete surfaced.
86-2
C.
D.
5.
The use does not take up parking space or loading areas as required for
conformity to this Ordinance.
6.
Additional parking, pursuant to Section 801.20 of this Ordinance is provided for
said space.
7.
The provisions of Section 801.04.2.G of this Ordinance are considered and
satisfactorily met.
Manufacturing, compounding, assembly, packaging, treatment or storage of products and
materials provided that:
1.
The proposed use complies with the performance standards outlined in Sections
801.16, 801.17, 801.18, 801.19, 801.20 and all other applicable provisions of this
Ordinance.
2.
The provisions of Section 801.04.2.G of this Ordinance are considered and
satisfactorily met.
3.
Planned unit development as regulated by Section 801.33 of this Ordinance.
Governmental and public related utility buildings and structures necessary for the health
safety and general welfare of the City shall be allow as a conditional use, provided that:
1.
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
801.86.6:
HEIGHT, YARD AND LOT COVERAGE REQUIREMENTS:
The following minimum requirements shall be observed in a "B-W" District subject to
additional requirements, exceptions, and modifications set forth in this Ordinance.
A.
Height. No building shall be erected or structurally altered to exceed two (2) stories and
twenty- five (25) feet in height, whichever is lesser.
B.
Setback.
1.
Front Yard: Twenty-five (25) feet.
2.
Side Yard: There shall be a side yard on each side of any building having a
width of not less than twenty (20) feet, except that no building shall be located
within fifty (50) feet of any side lot line abutting a lot in any residential district.
3.
Rear Yard: There shall be a rear yard having a depth of not less than twenty (20)
feet, except that no buildings shall be located within fifty (50) feet of any
residential district.
C.
Floor Area Ratio. The maximum floor area ratio (F.A.R.) shall be 1.0.
D.
Lot Area. The minimum total lot area shall be thirty thousand (30,000) square feet.
86-3
RESERVED 87 THROUGH 89
(RESERVED FOR FUTURE USE)
SECTION 90
PUD PLANNED UNIT DEVELOPMENT DISTRICT
Section 801.90:
801.90.1:
801.90.2:
801.90.3:
801.90.1:
Purpose
Application
Procedures
PURPOSE:
The purpose of the "PUD", Planned Unit Development District is to provide for the
integration and coordination of land parcels as well as the combination of varying types
of residential, commercial and industrial uses.
801.90.2:
APPLICATION:
All permitted, permitted accessory, or conditional uses contained in Section 801.41
through Section 801.89 of this Ordinance shall be treated as potentially permitted uses
within a PUD District.
801.90.3:
PROCEDURES:
Whether requested as a rezoning or initially established by City action alone, a PUD,
Planned Unit Development District shall be established and governed subject to the
amendment and procedure requirements as outlined in Section 801.03 of this Ordinance,
plus the procedures, conditions and standards imposed by Section 801.33 of this
Ordinance.
90-1
SECTION 91
S SHORELAND OVERLAY DISTRICT
Section 801.91:
801.91.1:
801.91.2:
801.91.3:
801.91.4:
801.91.5:
801.91.6:
801.91.7:
801.91.8:
801.91.9:
801.91.10:
801.91.11:
801.91.12:
801.91.13:
801.91.14:
801.91.15:
801.91.16:
801.91.17:
801.91.18:
801.91.19:
801.91.20:
801.91.21:
801.91.22:
801.91.23:
801.91.1:
Purpose
Statutory Authorization
Shoreland Districts
District Application
Boundaries
Shoreland Classification
Land Use Districts
Minimum Lot Size and Width
Minimum Setback Requirements
Building Structure Height
Impervious Surface Coverage
Residential Density
Design Criteria for Structures
Shoreland Alterations
Non-Conformities
Administration
Residential Planned Unit Development
Planned Unit Development District
Shoreland Impact Plan/Conditional Use Permit
Variance
Subdivision/Platting Provisions
Notifications to the Department of Natural Resources
Effect of Permit
PURPOSE:
The intent of this Section is to reduce the effects of overcrowding, to prevent pollution of
waters of the community, to minimize flood damages, to maintain property values, and to
maintain natural characteristics of shorelands and adjacent water areas by controlling lot
sizes, placement of structures on lots, and alteration of shoreland areas.
801.91.2:
STATUTORY AUTHORIZATION:
This Section is adopted pursuant to the authorization and policies contained in Minnesota
Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
91-1
801.91.3:
SHORELAND DISTRICTS:
The shorelands within the City of Wayzata are hereby designated as shoreland districts
and the requirements set forth in this Section shall govern development and other
activities within these districts. The classification of the shoreland areas shall govern the
use, alteration and development of these areas according to said classification as per M.S.
104.485, M.S. and Minnesota Regulations NR 82-84.
801.91.4:
DISTRICT APPLICATION:
The "S" District shall be applied to and superimposed upon all zoning districts as
contained herein as existing or amended by the Zoning Ordinance text and Official
Zoning Map. The regulations and requirements imposed by the "S" District shall be in
addition to those established for the base zoning districts which jointly apply. Under the
joint application of standards, the more restrictive requirements shall apply.
801.91.5:
BOUNDARIES:
The boundaries of the Shoreland District are established within the following distances
from the ordinary high water mark of the surface water depending on the size of the
surface water as indicated on the Wayzata Shoreland District Map.
SURFACE WATER
DISTANCE (FEET)*
Greater than ten (10) acres
1,000
Rivers and streams (draining
an area greater than two (2)
square miles)
300**
* The practical distance may be less whenever the waters involved are bounded by
topographical divides which extend landward from the waters for lesser distances and
prevent flowage toward the surface water.
** The distance requirement shall be increased to the limit of the floodplain when the
floodplain is greater than three hundred (300) feet.
801.91.6:
SHORELAND CLASSIFICATION SYSTEM:
The surface waters affected by this Section and which require controlled
development of their shoreland (Shoreland District) shall be shown on the map
designated as the official "Zoning Map of the City of Wayzata" which is properly
approved and made a part of this Section and filed with the Zoning Administrator.
Surface waters generally greater than ten (10) acres and given an identification
number by the State of Minnesota shall be defined in Section 801.02.2 of this
Ordinance and listed below. Other surface waters affected by this Section,
generally having less than ten (10) acres, shall be classified as storm water
treatment and control areas and thus regulated under the provisions of Section
801.92 of this Ordinance.
A.
Lakes Classification System.
SURFACE WATER DISTRIBUTION
General Development Lakes:
91-2
DNR Identification
Name
Number
27-133
Lake Minnetonka
Recreational Development Lakes:
DNR Identification
Name
Number
27-95
Gleason Lake
27-138
Peavey Lake
801.91.7:
LAND USE DISTRICTS:
The land uses allowable for the Shoreland Overlay District shall follow the permitted
interim, accessory, and conditional use designations as defined and outlined in the base
zone districts, as found in Sections 51-86 of this Ordinance, as may be amended, referred
to as the Wayzata Zoning Regulations, and shall be properly delineated on the Official
Zoning Map for the shorelands of Wayzata. These land use districts are in conformance
with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3.
801.91.8:
MINIMUM LOT SIZE AND WIDTH:
The following chart sets forth the minimum lot sizes and width standards within the
Shoreland Overlay District. Where these standards conflict with the standards of the base
zoning districts, the more restrictive standard shall prevail:
RD
GD
Recreational
General
Development
Development
Width
Area
Area
Width
Sewered Lots
A.
Low Density (R-1A, R-1, R-2A, R-2, R-3A, R-3, R-4A, R-4, R-5)
1. Riparian Lots
Single
20,000
75
10,000
75
Duplex
35,000
100
26,000
100
Triplex
50,000
125
38,000
125
Quad
65,000
150
49,000
150
RD
GD
Recreational
General
Development
Development
91-3
Area
Width
Area
Single
75
15,000
75
10,000
Duplex
26,000
100
17,500
Triplex
38,000
125
25,000
Quad
49,000
150
32,500
Width
2.
Non-Riparian Lots
100
125
150
B.
Institutional (INS) - (See Section 801.70, INS Institutional District of this Ordinance).
C.
Commercial (C-1, C-2, C-3, C-4, C-4A, C-4B) - (See Sections 801.75 - 801.80 of this
Ordinance).
D.
Research and Development (RD) - (See Section 801.85 Research and Development
District of this Ordinance).
E.
Business/Warehousing (B-W) - (See Section 801.86 Business/Warehouse District of this
Ordinance).
F.
Substandard Lots of Record. Any lot of record filed in the office of the Hennepin County
Register of Deeds on or before 1 January 1983, which does not meet the dimensional
requirements of this Ordinance may be allowed as a building site subject to approval of a
shoreland impact plan/conditional use permit, as provided in Section 801.91.19 of this
Ordinance and provided:
G.
1.
The lot meets all standards of the applicable base zoning district.
2.
The lot is in separate ownership from abutting lands.
3.
All dimensional requirements of the Shoreland Overlay District are complied
with insofar as practical in compliance with requirements for legal nonconforming lots found in Section 801.15.2.M of this Ordinance.
Lots intended as controlled accesses to public waters or as recreation areas for use by
owners of non-riparian lots within subdivisions are permissible, provided they are
consistent with the district regulations of the Zoning Ordinance and a conditional use
permit is issued consistent with Section 801.04 and Section 801.91.19 of this Ordinance.
1.
The lot must meet the width and size requirements for riparian residential lots,
and be suitable for the for the intended uses of controlled access lots.
2.
If docking, mooring, or over-water storage of more than six (6) watercraft is to be
allowed, the width of the lot must be increased by five percent of the minimum
width requirement for riparian residential lots for each watercraft beyond six.
3.
The lot must be jointly owned by all owners of non-riparian lots in the
subdivision who are provided riparian access right on the access lot.
4.
Covenants must be developed that specify which lot owners have authority to use
the access lot and what activities are allowed. The activities may include
91-4
watercraft launching, loading, storage, beaching, mooring, or docking. They may
also include other outdoor recreational activities that do not significantly conflict
with general public use of the public water or the enjoyment of normal property
rights by adjacent property owners. The covenants must limit the total number of
vehicles allowed to be parked and the total number of watercraft allowed to be
continuously moored, docked, or stored over water.
NOTE: Lots developed with five (5) or more dwelling units require approval of a planned unit
development conditional use in accordance with Section 801.33 and 801.91.17 of this Ordinance.
801.91.9:
MINIMUM SETBACK REQUIREMENT:
The following chart sets forth the minimum setback standards within the Shoreland
Overlay District. Where these standards conflict with the standards of the base zoning
districts, the more restrictive standard shall prevail:
RD
A.
GD
Recreational
General
Development
Development
Setback from Ordinary
High Water Mark
1.
B.
Structures Sewered
75 feet
75 feet
Side Yard Setbacks
(Subject to individual district requirements.)
C.
Additional Structure Setbacks
1.
Top of Bluff
30 feet
30 feet
2.
Unplatted Cemetery
50 feet
50 feet
30 feet
30 feet
Right-of-Way Line of Federal,
State, or County Highway
Right-of-Way Line of Public
Street, or Other Roads or
Streets Not Classified
D.
(Subject to individual district requirements)
Lake Shore Setbacks
1.
The setback requirements of 801.91.9 shall not apply to piers and docks. Setback
requirements for water-oriented accessory structures are regulated in Section 801.91.13.B
of this Ordinance.
2.
No principal structure or building addition other than a water oriented accessory
structure as specified above shall be located closer to the ordinary high water
mark than the greater of:
a.
Seventy-five (75) feet, or
91-5
3.
b.
A line which is drawn between the two closest riparian principal
structures on either side of a proposed building site, or
c.
The average setback of the two closest riparian principal structures on
either side of a proposed building site.
d.
The average setback line shall be measured parallel to the ordinary high
water level. In all circumstances, the setback shall be established by
measuring the distance from the ordinary high water level to that part of
the said principal structure that is closest to the lake.
The required setback distance may be reduced by a variance if the following conditions are met:
a.
b.
c.
d.
e.
801.91.10:
The minimum setback from the ordinary high water mark is at least
seventy-five feet,
The setback shall not adversely impact views of the shoreline or lake for
adjacent neighboring principal structures,
The reduction of setback requirements is based upon a specific need or
circumstance which is unique to the property in question and which, if
approved, will not set a precedent which is contrary to the intent of this
Ordinance. However, any structure built as a result of an issued variance
shall be considered in determining the proper setback of future
construction on adjacent lots.
A shoreland impact plan is submitted and approved as required and set
forth in Section 801.91.19 of this Ordinance.
The conditions of Section 801.05 and Section 801.91.20 of this
Ordinance are considered and satisfactorily met.
BUILDING/STRUCTURE HEIGHT:
The minimum building structure height for either lake classification shall follow the
individual district requirements of the base zoning districts but shall not exceed 35 feet.
Building heights of over 35 feet may be allowed through approval of a shoreland impact
plan/conditional use permit as regulated under Section 801.91.19 of this Ordinance.
801.91.11:
A.
IMPERVIOUS SURFACE COVERAGE:
Allowable Coverage.
1.
Impervious surface coverage for lots in all zoning districts shall not exceed
twenty-five
(25) percent of the lot area, except as provided below:
a.
Where appropriate and where structures and practices are in place for the
treatment of storm water runoff and/or prevent storm water from directly
entering a public water in compliance with the Stormwater Management
Plan for the City of Wayzata, May 1988 as may be amended, or as
approved by the City Engineer, impervious surface coverage may be
allowed to exceed twenty-five (25) percent impervious surface coverage
to a maximum of seventy-five (75) percent on any one site.
b.
Impervious surface coverage may be allowed to exceed seventy-five (75)
percent of the total lot area when the following stipulations are met:
(1)
All structures and practices are in place for the treatment of
storm water runoff.
91-6
(2)
2.
801.91.12:
A shoreland impact plan/conditional use permit is submitted and
approved as provided for in Section 801.91.19.A of this
Ordinance, subject to the conditions listed in Section
801.91.19.C of this Ordinance.
Measures for the treatment of storm water runoff and/or prevention of storm
water from directly entering a public water include such appurtenances as
sediment basins (debris basins, desilting basins, or silt traps), installation of
debris guards and microsilt basins on storm sewer inlets, oil skimming devices,
etc.
RESIDENTIAL DENSITY:
In cases where the residential density requirements, as specified in Section 801.91.8 of
this Ordinance, shall be exceeded, the maximum allowed density shall be that set forth by
the base zoning district of the subject property. For high density residential, including
planned unit development, the density may not exceed the density standards as specified
in the R-5 District provided in Section 801.59 of this Ordinance. Development which
exceeds the residential density requirements, as specified in Section 801.91.8 of this
Ordinance, shall be in conformance with the Shoreland Management Plan and subject to
a conditional use permit and shoreland impact plan set forth in Section 801.91.19.,
subject to the conditions listed in Section 801.91.19.D of this Ordinance and subject to
approval of the plan by the Minnehaha Creek atershed District and the City Engineer.
801.91.13:
A.
DESIGN CRITERIA FOR STRUCTURES:
Design Criteria for Structures.
1.
High Water Elevations. Structures shall be placed in accordance with any
floodplain regulations applicable to the site. Where these controls do not exist,
the elevation to which the lowest floor, including basement, is placed or floodproofed shall be determined as follows:
a.
For lakes, by placing the lowest floor at a level at least three (3) feet
above the highest known water level, or three (3) feet above the ordinary
high water level, whichever is higher;
b.
For rivers and streams, by placing the lowest floor at least three (3) feet
above the flood of record, if data is available. If data is not available, by
placing the lowest floor at least three (3) feet above the ordinary high
water level, or by conducting a technical evaluation to determine effects
of proposed construction upon flood stages and flood flows and to
establish a flood protection elevation. Under all three approaches,
technical evaluations shall be done by a qualified engineer or hydrologist
consistent with Minnesota Statutes Parts 6120.500 to 6120.6200
governing the management of floodplain areas. If more than one
approach is used, the highest flood protection elevation determined shall
be used for placing structures and other facilities; and
c.
Water-oriented accessory structures may have the lowest floor placed
lower than the determined elevation if the structure is constructed of
flood-resistant materials to the elevation, electrical and mechanical
equipment is placed above the determined elevation and, if long duration
flooding is anticipated, the structure is built to withstand ice action and
wind-driven waves and debris.
91-7
B.
C.
Water-Oriented Accessory Structures. As may be allowed by the respective base zoning
district, each lot may have one water-oriented accessory structure not meeting the normal
structure setback in Section 801.91.9 of this Ordinance if this water-oriented accessory
structure complies with the following provisions:
1.
The structure or facility shall not exceed ten (10) feet in height, exclusive of
safety rails, and cannot occupy an area greater than two hundred fifty (250)
square feet. Detached decks shall not exceed eight (8) feet above grade at any
point;
2.
The setback of the structure or facility from the ordinary high water level shall be
at least ten (10) feet;
3.
The structure or facility shall be treated to reduce visibility as viewed from public
waters and adjacent shorelands by vegetation, topography, increased setbacks or
color, assuming summer, leaf-on conditions;
4.
The roof may be used as a deck with safety rails, but shall not be enclosed or
used as a storage area;
5.
The structure or facility shall not be designed or used for human habitation and
shall not contain water supply or sewer treatment facilities; and
6.
As an alternative for general development and recreational development water
bodies, water-oriented accessory structures used solely for watercraft storage,
and including storage of related boating and water-oriented sporting equipment,
may occupy an area up to four hundred (400) square feet, provided the maximum
width of the structure shall be twenty (20) feet as measured parallel to the
configuration of the shoreline.
Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major
topographic alterations for achieving access up and down bluffs and steep slopes to shore
areas. Stairways and lifts shall meet the following design requirements:
1.
Stairways and lifts shall not exceed four (4) feet in width on residential lots.
Wider stairways may be used for commercial properties, and planned unit
developments;
2.
Landings for stairways and lifts on residential lots shall not exceed thirty-two
(32) square feet in area. Landings larger than thirty-two (32) square feet may be
used for commercial properties, public open space recreational properties, and
planned unit developments;
3.
Canopies or roofs shall not be allowed on stairways, lifts, or landings;
4.
Stairways, lifts, and landings may be either constructed above the ground on
posts or pilings, or placed into the ground, provided they are designed and built
in a manner that ensures control of soil erosion;
5.
Stairways, lifts, and landings shall be located in the most visually inconspicuous
portions of lots, as viewed from the surface of the public waters assuming
summer, leaf-on conditions, whenever practical; and
6.
Facilities such as ramps, lifts, or mobility paths for physically handicapped
persons shall also be allowed for achieving access to shore areas, provided that
the dimensional and performance standards of items (1) to (5) listed above are
complied with in addition to the requirements of Minnesota Regulations, Chapter
1340.
91-8
D.
Significant Historic Sites. No structure may be placed on a significant historic site in a
manner that affects the values of the site unless adequate information about the site has
been documented in a public repository.
E.
Steep Slopes. The Zoning Administrator shall evaluate possible soil erosion impacts and
development visibility from public waters before issuing a permit for construction of
roads, driveways, structures, or other improvements on steep slopes. When determined
necessary, conditions shall be attached to permits to prevent erosion and preserve existing
vegetation screening of structures, vehicles, and other facilities as viewed from the
surface of public waters, assuming summer, leaf-on vegetation.
F.
Bluff Impact Zones. Structures and accessory facilities, except stairways and landings,
shall not be placed within bluff impact zones.
G.
Standards for Commercial, Industrial, Public, and Semi-Public Uses.
1.
Surface water-oriented commercial uses and industrial, public, or semi-public
uses with similar needs to have access to and use of public waters may be located
on parcels or lots with frontage on public waters. Those uses with water-oriented
needs shall meet the following standards:
a.
In addition to meeting impervious coverage limits, setbacks, and other
zoning standards in this Ordinance, the uses shall be designed to
incorporate topographic and vegetative screening of parking areas and
structures.
b.
Uses that require short term watercraft mooring for patrons shall
centralize these facilities and design them to avoid obstructions of
navigation and to be the minimum size necessary to meet the need.
c.
Uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed information to the public, subject to the
following general standards:
(1)
No advertising signs or supporting facilities for signs shall be
placed in or upon public waters. Signs conveying information or
safety messages shall be placed in or on public waters by a
public authority or under a permit issued by the County Sheriff.
(2)
Signs may be placed, when necessary, within the shore impact
zone if they are designed and sized to be the minimum necessary
to convey needed information. They shall only convey the
location and name of the establishment and the general types of
goods or services available. The signs shall not contain other
detailed information such as product brands and prices, shall be
in conformance with Section 801.27 of this Ordinance, but under
no circumstance shall they be located higher than ten (10) feet
above the ground, and shall not exceed thirty-two (32) square
feet in size. If illuminated by artificial lights, the lights shall be
shielded or directed to prevent excessive illumination out across
public waters or on shore.
(3)
Other outside lighting may be located within the shore impact
zone or over public waters if it is used primarily to illuminate
potential safety hazards and is shielded or otherwise directed to
91-9
prevent excessive illumination out across public waters or on
shore. This does not preclude use of navigational lights.
2.
801.91.14:
Uses without water-oriented needs shall be located on lots or parcels without
public waters frontage, or if located on lots or parcels with public waters
frontage, shall either be set back double the normal ordinary high water level
setback or be substantially screened from view from the water by vegetation or
topography, assuming summer leaf on conditions.
SHORELAND ALTERATIONS:
Alterations of vegetation and topography shall be regulated to prevent erosion into public
waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank
slumping, and protect fish and wildlife habitat.
A.
Vegetation Alterations.
1.
Vegetation alteration necessary for the construction of structures and the
construction of roads and parking areas regulated by Section 801.91.14.C of this
Ordinance are exempt from the vegetation alteration standards that follow.
a.
Intensive vegetation clearing within the shore and bluff impact zones and
on 2. Removal or alteration of vegetation shall be allowed subject to the
following standards:
(1)
b.
B.
Steep slopes shall not be allowed.
In shore and bluff impact zones and on steep slopes, limited clearing of
trees and shrubs and cutting, pruning, and trimming of trees shall be
allowed to provide a view to the water from the principal dwelling site
and to accommodate the placement of stairways and landings, picnic
areas, access paths, beach and watercraft access areas, and permitted
water-oriented accessory structures or facilities, provided that:
(1)
The screening of structures, vehicles, or other facilities as
viewed from the water, assuming summer, leaf-on conditions,
shall not be substantially reduced;
(2)
The above provisions are not applicable to the removal of trees,
limbs, or branches that are dead, diseased, or pose safety
hazards.
Topographic Alterations/Grading and Filling.
1.
Grading and filling, and excavations necessary for the construction of structures,
and driveways under approved construction permits for these facilities shall not
require the issuance of a separate grading and filling permit. However, the
grading and filling standards in this section shall be incorporated into the
issuance of permits for construction of structures, and driveways.
2.
Notwithstanding items 1 and 2 above, a shoreland permit shall be required from
the Zoning Administrator for:
a.
The movement of more than ten (10) cubic yards of material on steep
slopes or within shore or bluff impact zones; and
b.
The movement of more than fifty (50) cubic yards of material
outside of steep slopes and shore and bluff impact zones.
91-10
3.
The following considerations and conditions shall be adhered to during the
issuance of permits, conditional use permits, variances and subdivision
approvals:
a.
Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland shall be
evaluated to determine how extensively the proposed activity would
affect the following functional qualities of the wetland:*
(1)
Sediment and pollution trapping and retention;
(2)
Storage of surface runoff to prevent or reduce flood damage;
(3)
Fish and wildlife habitat;
(4)
Recreational use;
(5)
Shoreline or bank stabilization; and
(6)
Noteworthiness, including special qualities such as historic
significance, critical habitat for endangered plants and animals,
or others.
*This evaluation shall also include a determination of whether the
wetland alteration being proposed requires permits, reviews, or approvals
by other local, state, or federal agencies such as the Minnehaha Creek
Watershed District, the Minnesota Department of Natural Resources, or
the United States Army Corps of Engineers. The applicant shall be so
advised.
b.
Alterations shall be designed and conducted in a manner that ensures
only the smallest amount of bare ground is exposed for the shortest time
possible;
c.
Mulches or similar materials shall be used, where necessary, for
temporary bare soil coverage, and permanent vegetation cover shall be
established as soon as possible.
d.
Methods to minimize soil erosion and to trap sediments before they reach
any surface water feature shall be used;
e.
Altered areas shall be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the local soil and
water conservation districts and the United States Soil Conservation
Service;
f.
Fill or excavation material shall not be placed in a manner that creates an
unstable slope;
g.
Plans to place fill or excavate material on steep slopes shall be reviewed
by qualified professionals for continued slope stability and shall not
create finished slopes of 30 percent or greater;
h.
Fill or excavated material shall not be placed in bluff impact zones;
i.
Any alterations below the ordinary high water level of public waters
shall first be authorized by the Commissioner under Minnesota Statutes,
Section 105.42.
91-11
4.
C.
D.
j.
Alterations of topography shall only be allowed if they are accessory to
permitted or conditional uses and shall not adversely affect adjacent or
nearby properties; and
k.
Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, shall be permitted if the
finished slope does not exceed three feet horizontal to one foot vertical,
and the landward extent of the riprap is within ten (10) feet of the
ordinary high water level, and the height of the riprap above the ordinary
high water level does not exceed three (3) feet.
Connections to Public Waters. Excavation where the intended purpose is
connection to a public water, such as boat slips, canals, lagoons, and harbors,
shall be controlled by local shoreland controls. Permission for excavations may
be given only after the Commissioner has approved the proposed connection to
public waters.
Placement and Design of Roads, Driveways, and Parking Areas.
1.
Public and private roads and parking areas shall be designed to take advantage of
natural vegetation and topography to achieve maximum screening from view
from public waters. Documentation shall be provided by a qualified individual
that all roads and parking areas are designed and constructed to minimize and
control erosion to public waters consistent with the guidelines of the Minnehaha
Creek Watershed District.
2.
Roads, driveways, and parking areas shall meet structure setbacks and shall not
be placed within bluff and shore impact zones, when other reasonable and
feasible placement alternatives exist. If no alternatives exist, they may be placed
within these areas, and shall be designed to minimize adverse impacts.
3.
Public and private watercraft access ramps, approach roads, and access-related
parking areas shall be placed within shore impact zones provided the vegetative
screening and erosion control conditions of this sub-part are met. For private
facilities, the grading and filling provisions of Section 801.91.14.B of this
Ordinance shall be met.
Storm Water Management. All development within the Shoreland Overlay District shall
be consistent with the Stormwater Management Plan for the City of Wayzata, May 1988
as may be amended and the following general and specific standards:
1.
General Standards.
a.
When possible, existing natural drainageways, wetlands, and vegetated
soil surfaces shall be used to convey, store, filter, and retain storm water
runoff before discharge to public waters.
b.
Development shall be planned and conducted in a manner that will
minimize the extent of disturbed areas, runoff velocities, erosion
potential, and reduce and delay runoff volumes. Disturbed areas shall be
stabilized and protected as soon as possible and facilities or methods
used to retain sediment on the site.
c.
When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle storm water runoff
using natural features and vegetation, various types of constructed
facilities such as diversions, settling basins, skimming devices, dikes,
91-12
waterways, and ponds may be used. Preference must be given to designs
using surface drainage, vegetation, and infiltration rather than buried
pipes and man-made materials and facilities.
E.
Specific Standards.
1.
When constructed facilities are used for storm water management, documentation
shall be provided by a qualified individual that they are designed and installed
consistent with the field guidelines of the Minnehaha Creek Watershed District.
2.
Newly constructed storm water outfalls to public waters shall provide for
filtering or settling of suspended solids and skimming of surface debris before
discharge.
801.91.15:
NON-CONFORMITIES:
All legally established non conformities as of the date of this Ordinance may continue,
but they shall be managed according to applicable state statutes and regulations of
Section 801.15 of this Ordinance regulating non-conformities for the subjects of
alterations and additions, repair after damage, discontinuance of use, and intensification
of use, except that the following standards shall also apply in shoreland areas:
A.
Additional/Expansions to Non-Conforming Structures.
1.
All additions or expansions to the outside dimensions of an existing nonconforming structure shall meet the setback, height, and other requirements of
Section 801.91.8, 801.91.9 and 801.91.10 of this Ordinance. Any deviation from
these requirements shall be authorized by a variance pursuant to Section
801.91.20 of this Ordinance.
2.
Deck additions may be allowed without a variance to a structure not meeting the
required setback from the ordinary high water level if all of the following criteria
and standards are met:
801.91.16:
A.
a.
The structure existed on the date the structure setbacks were established;
b.
A thorough evaluation of the property and structure reveals no
reasonable location for a deck meeting or exceeding the existing ordinary
high water level setback of the structure.
c.
The deck encroachment toward the ordinary high water level does not
exceed fifteen (15) percent of the existing setback of the structure from
the ordinary high water level or does not encroach closer than thirty (30)
feet, whichever is more restrictive; and
d.
The deck is constructed primarily of wood, and is not roofed or screened.
ADMINISTRATION:
Compliance. The use of any shoreland of public waters; the size and shape of lots; the
use, size, type and location of structures on lots; the installation and maintenance of water
supply and waste removal systems, the grading and filling of any shoreland area; the
cutting of shoreland vegetation; and the subdivision of land shall be in full compliance
with the terms of this Section and Ordinance and other applicable regulations. In cases
where standards conflict with the standards of the base zoning districts, the more
restrictive standard will prevail.
91-13
B.
Relationship to Floodplain. Placement of all structures shall comply with Section 801.92
of this Ordinance.
C.
Shoreland Permits Required. A shoreland permit shall be required for the construction of
buildings or building additions (and including such related activities as construction of
decks and signs), and those grading and filling activities not exempted by Section
801.91.14.B of this Ordinance. Application for a permit shall be made to the Zoning
Administrator on the forms provided.
D.
Certificate of Zoning Compliance. The Zoning Administrator shall issue a certificate of
occupancy as regulated by Section 801.07 of this Ordinance upon compliance with each
activity requiring a shoreland permit as specified in Section 801.91.16.C of this
Ordinance. Any use, arrangement, or construction at variance with that authorized by
permit shall be deemed a violation of this Section and shall be punishable as provided in
Section 801.08 of this Ordinance.
801.91.17:
RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD):
Residential planned unit development conditional uses are allowed for new projects on
undeveloped land, redevelopment of previous built sites or conversion of existing
buildings and land. All lots developed with five (5) or more dwelling units require
approval of a planned unit development conditional use in compliance with this
Ordinance. Planned unit development shall comply with the following criteria:
A.
Residential planned unit development shall be processed as a conditional use in
accordance with Section 801.33 of this Ordinance.
B.
Application for a residential planned unit development shall follow the guidelines in
Section 801.33 of this Ordinance.
C.
Site "Suitable Area" Evaluation. Proposed residential planned unit developments shall be
evaluated using the following procedures and standards to determine the suitable area for
the dwelling unit/dwelling site density evaluation in Section 801.91.17.D, E, and F of this
Ordinance.
1.
The development parcel shall be divided into tiers by locating one or more lines
approximately parallel to a line that identifies the ordinary high water level at the
following intervals, proceeding landward:
Shoreland Tier Dimensions
Sewered (Feet)
General Development Lakes - First Tier
200
General Development Lakes - Second
200
and Additional Tiers
Recreational Development Lakes
2.
267
The suitable area within each tier is next calculated by excluding from the
tier area all wetlands, bluffs, or land before the ordinary high water level
of public waters. This suitable area and the proposed development are
then subjected to the residential planned unit development density
evaluation steps to arrive at an allowable number of dwelling units or
sites.
91-14
D.
PUD Density Evaluation. The procedures for determining the "base" density of a PUD
and density increase multipliers are as follows. Allowable densities may be transferred
from any tier to any other tier further from the water body, but shall not be transferred to
any other tier closer.
E.
PUD "Base" Density Evaluation. The suitable area within each tier is divided by the
single residential lot size standard for lakes. Proposed locations and numbers of dwelling
units or sites for the residential planned unit developments are then compared with the
tier, density, and suitability analyses herein and the design criteria in Section 801.91.18.G
of this Ordinance.
F.
Density Increase Multipliers.
1.
Increases to the dwelling unit or dwelling site base densities previously
determined shall be allowed if the dimensional standards in Section 801.91.8 of
this Ordinance are met or exceeded and the design criteria in Section
801.91.17.G of this Ordinance are satisfied. The allowable density increases in
item (2) below shall only be allowed if structure setbacks from the ordinary high
water level are increased to at least fifty (50) percent greater than the minimum
setback, or the impact on the water body is reduced an equivalent amount
through vegetative management, topography, or additional means acceptable to
the local unit of government and the setback is at least twenty-five (25) percent
greater than the minimum setback.
2.
Allowable dwelling unit or dwelling site density increases for planned unit
development:
Density Evaluation Tiers
Maximum Density Increase Within Each
Tier(Percent)
G.
First
50
Second
100
Third
200
Fourth
200
Fifth
200
Maintenance and Design Criteria.
1.
Before final approval of a residential planned unit development, adequate
provisions shall be developed for preservation and maintenance in perpetuity of
open spaces and for the continued existence and functioning of the development.
2.
Open Space Preservation. Deed restrictions, covenants, permanent easements,
public dedication and acceptance, or other equally effective and permanent
means shall be provided to ensure long-term preservation and maintenance of
open space. The instruments shall include all of the following protections:
a.
Commercial use prohibited (for residential PUDs); and
b.
Vegetation and topographic alterations other than routine maintenance
prohibited; and
c.
Construction of additional buildings or storage of vehicles and other
materials prohibited; and
91-15
d.
3.
H.
I.
Uncontrolled beaching of watercraft prohibited.
Development organization and functioning. Unless an equally effective
alternative community framework is established, when applicable, all residential
planned unit developments shall use an owners association with the following
features:
a.
Membership shall be mandatory for each dwelling unit or site purchaser
and any successive purchasers;
b.
Each member shall pay a pro rata share of the association's expenses, and
unpaid assessments can become liens on units or sites;
c.
Assessments shall be adjustable to accommodate changing conditions;
and
d.
The association shall be responsible for insurance, taxes, and
maintenance of all commonly owned property and facilities.
Open Space Requirements. Residential planned unit developments shall contain open
space meeting the following criteria:
1.
At least thirty (30) percent of the total development area shall be preserved as
open space;
2.
Dwelling units or sites, land covered by road surfaces, parking areas, or
structures are developed areas and shall not be included in the computation of
minimum open space;
3.
Open space shall include areas with physical characteristics unsuitable for
development in their natural state, and areas containing significant historic sites
or unplatted cemeteries;
4.
The appearance of open space areas, including topography, vegetation, and
allowable uses, shall be preserved by use of restrictive deed covenants,
permanent easements, public dedication and acceptance, or other equal effective
and permanent means; and
5.
The shore impact zone, based on normal structure setbacks, shall be included as
open space. For residential PUDs, at least fifty (50) percent of the shore impact
zone area of existing developments or at least seventy (70) percent of the shore
impact zone area of new developments shall be preserved in its natural or
existing state.
Erosion Control and Storm Water Management. Erosion control and storm water
management plans shall be developed and the residential planned unit development shall:
1.
Be designed, and the construction managed, to minimize the likelihood of serious
erosion occurring either during or after construction. This shall be accomplished
by limiting the amount and length of time of bare ground exposure. Temporary
ground covers, sediment entrapment facilities, vegetated buffer strips, or other
appropriate techniques shall be used to minimize erosion impacts on surface
water features. Erosion control plans approved by a soil and water conservation
district may be required if project size and site physical characteristics warrant;
and
2.
Be designed and constructed to effectively manage reasonably expected
quantities and qualities of storm water runoff.
91-16
J.
Centralization and Design of Facilities. Centralization and design of facilities and
structures shall be done according to the following standards:
1.
Dwelling units or sites shall be clustered into one or more groups and located on
suitable areas of the development. They shall be designed and located to meet or
exceed the following dimensional standards for the relevant shoreland
classification: setback from the ordinary high water level, elevation above the
surface water features, and maximum height.
Setbacks from the ordinary high water level shall be increased in accordance with
Section 801.91.17.F of this Ordinance for developments with density increases;
2.
Structures, parking areas, and other facilities shall be treated to reduce visibility
as viewed from public waters and adjacent shorelands by vegetation, topography,
increased setbacks, or color, assuming summer, leaf-on conditions. Vegetative
and topographic screening shall be preserved, if existing, or may be required to
be provided.
3.
Accessory structures and facilities shall meet the required principal structure
setback and shall be centralized.
801.91.18:
PLANNED UNIT DEVELOPMENT DISTRICT:
Mixed use planned unit development is allowed for integration and coordination of land
parcels as well as the combination of varying types of residential and commercial uses:
A.
Application/Procedures. Applications and procedures for a planned unit development
district in the shoreland area shall be consistent with Sections 801.90, 801.33 and
801.91.17 regarding planned unit development. The DNR shall be notified of rezoning to
a PUD as required in Section 801.91.22.
801.91.19:
SHORELAND IMPACT PLAN/CONDITIONAL USE PERMIT:
A.
Shoreland Impact Plan. Except for situations listed below, landowners or developers
desiring to develop land or construct any dwelling or any other artificial obstruction on
land located within any Shoreland District within the City of Wayzata shall first submit a
conditional use permit application as regulated by Section 801.04 of this Ordinance and a
plan of development, hereinafter referred to as "Shoreland Impact Plan", which shall set
forth proposed provisions for sediment control, water management, maintenance of
landscaped features, and any additional matters intended to set forth proposed changes
requested by the applicant and affirmatively disclose what, if any, change will be made in
the natural condition of the earth, including loss of change of earth ground cover,
destruction of trees, grade courses and marshes. The plan shall minimize tree removal,
ground cover change, loss of natural vegetation, and grade changes as much as possible,
and shall affirmatively provide for the relocation or replanting of as many trees as
possible which are proposed to be removed. The purpose of the shoreland impact plan
shall be to eliminate and minimize as much as possible potential pollution, erosion and
siltation.
B.
Exceptions.
1.
No conditional use permit or shoreland impact plan shall be required for the
development of permitted accessory uses contained within the R-1A, R-1, R-2
and R-3 Districts.
91-17
2.
C.
No conditional use permit or shoreland impact plan shall be required for the
development of permitted principal uses contained within the zoning districts,
provided that such uses are constructed on standard lots and in compliance with
the standards of this Ordinance and that all such uses are serviced with public
sanitary sewer.
Conditions. All conditional use permits for consideration under this Section shall be
subject to the following stipulations:
1.
The projects shall be analyzed to determine the impact of impervious surfaces,
storm water runoff, floodplain, and water quality implications. Only those
projects shall be allowed where the adverse impacts have been mitigated through
approved means to the extent possible.
2.
Storm water treatment measures including, but not limited to, sediment basins
(debris basins), desilting basins or silt traps, installation of debris guards, and
microsilt basins on storm water inlets, oil skimming devices, etc. shall be
required subject to the review of the City Engineer and the Minnehaha Creek
Watershed District on projects where applicable.
3.
Projects shall be analyzed in terms of provisions for maintenance and
enhancement of landscape features, and change in the natural condition of the
soil, trees, grade courses and marshes. The vegetative planting plan shall contain
trees, when fully mature, that will exceed the building height. The plan shall also
minimize tree removal, ground cover change, loss of natural vegetation, and
grade changes as much as possible. It shall further provide for the relocation or
replanting of trees which are proposed to be removed.
4.
Projects shall be analyzed in terms of the appearance of the structure when
viewed from the lake's surface. Building materials, and color shall be analyzed
to determine which facade and roof materials minimize the appearance and blend
the structure into the shoreland and vegetation.
5.
Building heights shall be analyzed to determine the impact on surrounding
structures and views from the lake surface or other shores. Structures shall not
be allowed to exceed a height beyond that is allowed by the base zoning district
or cannot be screened by landscaping or other design measures.
6.
Residential densities on a project basis shall not be allowed to exceed the
maximum allowed density of the base zoning district for which the project is
proposed. For higher density residential development and planned unit
developments, the density shall not be allowed to exceed the density standards as
specified in the R-5 District of this Ordinance.
7.
Lot coverage on a project basis shall be restricted to the provisions for maximum
impervious surface coverage as provided for in this Ordinance.
8.
Overall residential densities in the shoreland area shall not exceed the surplus
development capacity for residential density, as calculated for Lake Minnetonka,
Gleason and Peavey Lakes, as specified in the Wayzata Comprehensive
Plan/Shoreland Management Plan, as may be amended.
9.
Overall lot coverage in the shoreland area shall not exceed the surplus
development capacity for impervious surface coverage calculated for Lake
Minnetonka, Gleason and Peavey Lakes, as specified in the Wayzata
Comprehensive Plan/Shoreland Management Plan, as may be amended.
91-18
10.
All projects shall be in conformance with the Stormwater Management Plan for
the City of Wayzata, May 1988, as may be amended and/or approved by the City
Engineer.
11.
All projects shall be in conformance with the Wayzata Comprehensive
Plan/Shoreland Management Plan, as may be amended.
12.
All projects shall be subject to the review of the Minnehaha Creek Watershed
District.
801.91.20:
VARIANCE:
Variances may be granted by the City Council in accordance with Section 801.05 of this
Ordinance in extraordinary cases, but only when the proposed use is determined to be in
the public interest. The following additional criteria shall apply within shoreland areas:
A.
Result in the placement of an artificial obstruction which shall restrict the passage of
storm and flood water in such a manner as to increase the height of flooding, except
obstructions approved by the U.S. Army Corps of Engineers in conjunction with sound
floodplain management.
B.
Result in incompatible land uses or which shall be detrimental to the protection of surface
and ground water supplies.
C.
Be not in keeping with land use plans and planning objectives for the City of Wayzata or
which shall increase or cause danger to life or property.
D.
Be inconsistent with the objectives of encouraging land uses compatible with the
preservation of the natural land forms, vegetation and the marshes and wetlands within
the City of Wayzata.
E.
Shall constitute a hardship as defined in Section 801.05 of this Ordinance.
F.
No permit or variance shall be issued unless the applicant has submitted a Shoreland
Impact Plan as required and set forth in this Ordinance. In granting any variance, the
City Council may attach such conditions as they deem necessary to insure compliance
with the purpose and intent of this Section.
801.91.21:
SUBDIVISION/PLATTING PROVISIONS:
A.
Land Suitability. Each lot created through subdivision, including planned unit
developments authorized under Section 801.91.17 of this Ordinance, shall be suitable in
its natural state for the proposed use with minimal alteration. Suitability analysis by the
local unit of government shall consider susceptibility to flooding, existence of wetlands,
soil and susceptibility to flooding, existence of wetlands, soil and rock formations with
severe limitations for development, severe erosion potential, steep topography,
inadequate water supply or sewage removal capabilities, near shore aquatic conditions
unsuitable for water based recreation, important fish and wildlife habitat, presence of
significant historic sites, or any other feature of the natural land likely to be harmful to
the health, safety, or welfare of future residents of the proposed subdivision or of the
community.
B.
Consistency with Other Controls. Subdivisions shall conform to all provisions for
subdivision, found as Chapter 805 of the Wayzata Subdivision Regulations. A
subdivision shall not be approved where a later variance from one or more standards in
official controls would be needed to use the lots for their intended purposes.
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C.
D.
Information Requirements. Sufficient information must be submitted by the applicant for
the community to make a determination of land suitability. The information shall include
the provisions found as Chapter 805 and the following additional evaluation criteria and
conditions:
1.
The surface water features required in Minnesota Statutes, Section 505.02,
Subdivision 1, to be shown on plats;
2.
Information regarding adequacy of domestic water supply; extent of anticipated
vegetation and topographic alterations; near-shore aquatic conditions, including
depths, types of bottom sediments, and aquatic vegetation; and aquatic
vegetation; and proposed methods for controlling storm water runoff and erosion,
both during and after construction activities;
3.
Location of 100-year floodplain areas and floodway districts from existing
adopted maps or data; and
4.
A line or contour representing the ordinary high water level, the "toe" and the
"top" of bluffs, and the minimum building setback distances from the top of the
bluff and the lake or stream.
Dedications. When a land or easement dedication is a condition of subdivision approval,
the approval shall provide easements over natural drainage or ponding areas for
management of storm water and significant wetlands.
801.91.22:
NOTIFICATIONS TO THE DEPARTMENT OF NATURAL
RESOURCES:
A.
Copies of all notices of any public hearings to consider subdivisions/plats, variances,
amendments, or conditional uses resulting from the requirements of Section 801.91 of
this Ordinance shall be sent to the Commissioner or the Commissioner's designated
representative and postmarked at least ten (10) days before the hearings. Notices of
hearings to consider proposed subdivisions/plats shall include copies of the
subdivision/plat.
B.
A copy of approved amendments and subdivisions/plats, and final decisions granting
variances or conditional uses under this Shoreland Ordinance shall be sent to the
Commissioner or the Commissioner's designated representative and postmarked within
ten (10) days of final action.
801.91.23:
EFFECT OF PERMIT:
The granting of any permit, variance or subdivision approval under provisions of this
Ordinance shall in no way affect the owner's capability to obtain the approval required by
any other statute, ordinance or legislation of any state agency or subdivision thereof.
Approval may be expressly given in conjunction with other permits applied for, but no
approval shall be implied from the grant of such permits nor from the necessity to apply
for a permit as described herein.
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SECTION 92
W WETLANDS OVERLAY DISTRICT
Section 801.92:
801.92.1:
801.92.2:
801.92.3:
801.92.4:
801.92.5:
801.92.6:
801.92.7:
801.92.8:
801.92.1:
Purpose
District Application
Permitted Uses
Conditional Uses
Permitted Uses in Flood Envelope
Conditional Uses in Flood Envelope
Restrictions on Issuance of Conditional Use Permits in the Flood
Envelope of the Wayzata Wetlands Overlay District
Variances to the Provisions of Wetland Overlay District
PURPOSE:
It is the purpose and intent of this Section to protect and conserve wetland resources in
the City of Wayzata in view of the facts that they serve as beneficial wildlife habitat, and
that they also provide an effective, natural treatment, and control, of the City of
Wayzata's stormwater runoff. Certain low lying and/or wetland areas of the City act as
natural stormwater treatment control areas by detaining stormwater runoff, by allowing
suspended sediment to settle from such water, and by removing nutrients from the runoff.
These detention and drainageways thereby beneficially control both quantity and quality
of stormwater runoff, and provide habitat for wildlife. A development or alteration of
such areas could severely reduce the overall effectiveness of the City's stormwater
treatment and control system by increasing potential pollution of Lake Minnetonka and
increasing the flood damage potential to areas adjacent to the natural drainage areas. The
preservation of areas containing low lands, marshes, wetlands, drainage areas, water
bodies and waterways necessary to implement the Wayzata Comprehensive Stormwater
Management Plan is essential to the health, safety and general welfare or the City's
residents. The Wayzata Comprehensive Stormwater Management Plan is on file at
Wayzata City Hall and was adopted on 2 August 1988 by the Wayzata City Council.
801.92.2:
DISTRICT APPLICATION:
A.
All wetlands and their flood envelopes within the City of Wayzata are hereby designated
as part of the Wayzata Wetlands Overlay District, and the requirements set forth in this
Ordinance shall govern development and other activities within these districts.
B.
The Wetland System District Map shall be on file in the office of the City Engineer
Department, together with all explanatory matter thereon or attached thereto, and
declared to be part of this Ordinance. The map shall be open to inspection by the public
during normal business hours of the City Hall.
C.
The Wayzata Wetlands Overlay District shall be applied to and superimposed upon all
zoning districts as contained herein as existing or amended by the text and map of this
Ordinance. The regulations and requirements imposed by the Wayzata Wetlands Overlay
District shall be in addition to those established for districts which jointly apply. Under
the joint application of districts, the more restrictive requirements shall apply.
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D.
The boundaries of wetlands and flood envelopes within the City may be changed by the
City Council when it can be demonstrated by registered site survey and topographic
work, and hydrologic analysis performed by registered engineer or land surveyor that the
established boundaries shown on the Wetland System District Map are incorrect.
801.92.3:
PERMITTED USES:
A.
Conservation of soil, vegetation, water, fish and wildlife.
B.
Scientific research and educational activities teach principles of ecology and
conservation.
C.
General outdoor recreation and leisure activities that are not inconsistent with the intent
of this Ordinance and do not adversely affect the district's wildlife habitat or stormwater
runoff quality enhancement values as measured by methodologies used in the
"Stormwater Management Plan for the City of Wayzata."
801.92.4:
CONDITIONAL USES:
The following operations and uses are allowed in the Wetlands Overlay District by
conditional use permit:
A.
Excavation or filling within any Wetland Overlay District which, as determined by the
City Council, will mitigate or enhance previous actions, activities or conditions in an
altered wetland. This may include actions which will improve the condition of wildlife
habitat and/or stormwater runoff values in the wetlands district. Conditional uses within
the Wetland Overlay District must also meet the standards outlined in Section 801.92.7.
801.92.5:
PERMITTED USES IN FLOOD ENVELOPE:
The following operations and uses are permitted in the flood envelope as a matter of
right, subject to any other applicable codes, ordinances or law:
A.
Grazing, farming, nurseries, gardening, and harvesting of crops.
B.
Residential uses such as lawns, gardens, and play areas, but excluding structures and
buildings except those permitted as conditional uses (Section 801.92.6).
C.
Parking for commercial uses provided that the established quality and quantity standards
for specific wetlands will be maintained or exceeded.
801.92.6:
CONDITIONAL USES IN FLOOD ENVELOPE:
The following operations and uses are allowed in the flood envelope by conditional use
permit which require processing pursuant to Section 801.04 of this Ordinance.
A.
Digging, dredging, extraction of any material from water bodies, water courses, wetlands,
floodplain or natural drainage system.
B.
Creation of ponds, dam or relocation of any water course or changes to the natural
drainage system.
C.
Storage yards for equipment, machinery or materials.
D.
Accessory buildings or structures.
E.
Railroads, streets, parking lots, bridges, utility transmission lines and pipelines.
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F.
The construction or placement of structures for human habitation on fill, provided the
requirements of Section 801.92.7 are met.
801.92.7:
RESTRICTIONS ON ISSUANCE OF CONDITIONAL USE PERMITS IN
THE FLOOD ENVELOPE OF THE WAYZATA WETLANDS OVERLAY
DISTRICT:
No conditional use permit shall be issued unless the following provisions are complied
with:
A.
No structure (temporary or permanent), fill (including fill for roads and levies),
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 a floodway or wetland, or
increases water levels beyond permitted (see Section 801.92.7.D) levels.
B.
No permit shall be issued with results in a use or obstruction detrimental to the protection
of surface and groundwater supplies.
C.
No permit shall be issued which will result in an obstruction or use incompatible with
preservation of those natural land forms, vegetation and adjacent marshes and wet areas
contiguous to stormwater detention areas or channels in the City which are principal
factors in the management of surface water runoff throughout the year.
D.
No permit shall be issued which results in development of land in stormwater detention
areas necessary for temporary withholding of excessive runoff of surface water, or of
land and water areas which provide groundwater infiltration, and which development will
or may decrease the capacity or to provide such groundwater infiltration.
E.
No permit shall be issued unless the proposed use, alteration or obstruction has received
the approval of all governmental bodies having jurisdiction over such use or obstruction,
including the appropriate watershed district, as the case may be, if such approval is
required by the statutes, ordinances, rules or regulations applicable to such governmental
bodies, and to such use or obstruction.
F.
Structures shall be firmly anchored to prevent flotation which may result in damage to
other structures and/or restriction of bridge openings and other narrow sections of water
courses.
G.
Electrical and heating equipment shall be installed at or above the regulatory flood
protection elevation for the particular area or adequately flood proofed in accordance
with the State Building Code.
H.
Fill. The placement of fill in any area within the flood envelope of the Wayzata
Wetlands Overlay District or stormwater detention basin shall be governed by the
following limitations:
1.
Fill shall be limited to what is needed to grade or landscape for the proposed use,
and shall not in any way obstruct the flow of stormwaters.
2.
Spoil from dredging or sand and gravel operations shall not be deposited unless it
can be done in accordance with H.1. above.
3.
Fill shall be protected from erosion by vegetative cover.
4.
Fill within the flood envelope will be permitted if compensating flood volume is
provided within the Wetlands Overlay District and if, based upon submission of a
Wetland Systems Impact Plan (see Section 71.7.2), the City agrees that
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environmental degradation will not occur. A percentage of total allowable
encroachment into the flood envelope of the Wetlands Overlay District will be
allocated to riparian land owners in amounts of proportional to their percentage
of ownership of the total flood envelope area with:
5.
I.
a.
A total maximum allowable rise in the calculated flood elevation of 0.5
feet, or
b.
A total increase in the calculated flood elevation rising to an elevation
that is 1.0 feet below the elevation where structural damage of existing
structures would occur, whichever is less.
It is the responsibility of the applicant to obtain written approval for filling in the
Wayzata Wetlands Overlay District or stormwater basins from all property
owners whose lands would be impacted by the subsequent rise of the established
100 year flood elevation prior to receiving approval of filling by the City.
Accessory Structures. Accessory structures permitted as a conditional use shall be
governed by the following limitations:
1.
Such structures shall not be designed for human habitation.
2.
Such structures, if permitted, shall be constructed and placed on the building site
so as to offer the minimum obstruction to stormwaters.
a.
Whenever possible, such structures shall be constructed with the
longitudinal axis parallel to the direction of stormwater flows.
3.
Such structures shall be flood proofed in accordance with the State Building
Code.
4.
Accessory structures connected by tunnel, walkway, or a similar conveyance
shall be considered part of the principal use, and shall not be permitted within the
flood envelope.
J.
Structure on Lakes, Ponds, or Flowages. For lakes, ponds or flowages, no structure,
except boathouses, piers and docks, shall be placed at an elevation such that the lowest
floor, including basement floor, is less than two and one-half (2-1/2) feet above the
calculated 100 year frequency flood elevation. The regulatory flood protection elevation
shall serve as the highest known water level. In those instances where sufficient data on
known high water levels are not available, the elevation of the line of permanent
shoreland vegetation shall be used as the estimated high water elevation. When fill is
required to meet this elevation, the fill shall be allowed to stabilize, and construction shall
not begin until the property has been inspected and approved by the Building Official.
K.
Storage of Materials or Equipment Within the Wayzata Wetlands Overlay District. The
storage or processing of materials that are, in time of flooding or rain inundation,
flammable, explosive or potentially injurious to human, animal or plant life is prohibited.
L.
Wetland Systems Impact Plan.
1.
As part of the application for a conditional use permit for a use within the
Wayzata Wetlands Overlay District, the applicant must furnish a Wetland
Systems Impact Plan. A copy of said plan shall be transmitted to an engineer or
other expert person or agency, as designated by the City for technical assistance
in determining whether the proposed use is consistent with the water quality and
wildlife habitat recommendations contained in the "Stormwater Management
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Plan for the City of Wayzata" and, therefore, permissible within the Wayzata
Wetlands Overlay District or stormwater detention basin.
2.
Contents of Plan. A Wetland Systems Impact Plan shall contain such of the
following information as is deemed necessary by the City to fulfill the purposes
of the Wetland Systems Impact Plan:
a.
Said plan shall identify the calculated 100 year frequency flood
elevation, and shall set forth proposed provisions for erosion and
sediment control, water management, impacts on drainage and
floodplain uses, maintenance of landscape features and any additional
matters intended to improve or maintain the quality of the environment.
b.
Evidence that the proposed development in the Wetland Systems
Overlay District shall not reduce the district's scores for wildlife habitat
and stormwater runoff quality enhancement values as calculated by
methodologies presented in the "Stormwater Management Plan for the
City of Wayzata" under conditions of the 100 year frequency (one
percent probability) flood event.
c.
Evidence that a development within the Wetland Systems Overlay
District serves to maintain or increase the wetland criteria scores through
compensatory measures, and provided that all other requirements are
met.
d.
Affirmatively set forth the changes requested by the applicant and
affirmatively disclose what, if any, change will be made in the natural
conditions of the earth (including loss or change of earth ground cover or
destruction of trees, if any) or upon lakes, streams, water courses and
marshes, low lands and wetlands in the area.
e.
Evidence that the plan minimizes tree removal, ground cover change,
loss of natural vegetation, and grade changes as much as possible and
affirmatively provides for the relocation or replanting of as many trees as
possible, which are proposed to be removed.
f.
Evidence that the applicant has, to the greatest extent possible,
eliminated potential pollution, erosion, siltation, or flooding, which may
result from the proposed development.
M.
Approved conditional use permits shall not adversely impact environmentally sensitive
areas. This shall include but not be limited to, spawning beds, nesting areas or habitat of
endangered or threatened species. The City may limit the implementation season of an
approved conditional use permit so as not to disturb or interfere with nesting or spawning
seasons of the wildlife within the Wetland Overlay District or flood envelope.
N.
Application for a conditional use permit shall comply with the standards and provisions
outlined in Section 801.04 of this Ordinance.
801.92.8:
A.
VARIANCES TO THE PROVISIONS OF WETLAND OVERLAY
DISTRICT:
All applications for variances to the requirements of this Ordinance shall comply with
and follow the procedures and criteria for approval as outlined in Section 801.05 of this
Ordinance.
92-5
B.
The City Council may grant a variance from the requirements of this Ordinance is the
proposed plan of the applicant provides mitigative measures to recreate, to an equal or
greater degree, the environmental and hydrological function of the wetland area that is
proposed to be altered.
92-6
SECTION 93
FLOODPLAIN OVERLAY DISTRICT (FP)
Section 801.93:
801.93.1:
801.93.2:
801.93.3:
801.93.4:
801.93.5:
801.93.6:
Statutory Authorization
Purpose
General Provisions
Districts Established
Floodway District (FW)
Flood Fringe District (FF)
801.93.7:
801.93.8:
801.93.9:
801.93.10:
801.93.11:
801.93.12:
801.93.13:
801.93.14:
801.93.15:
801.93.16:
General Floodplain District (GF)
Subdivision Standards
Public Utilities and Public Transportation Facilities
Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles
Floodplain Use Permits
Variances
Conditional Use Permits
Non-Conformities
Violations and Enforcement
Amendments
801.93.1:
STATUTORY AUTHORIZATION
The Legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and 462,
delegated the responsibility to local governmental units to adopt regulations designed to minimize
flood losses.
801.93.2:
PURPOSE
A.
This Ordinance regulates development in the flood hazard areas of the City of Wayzata.
The flood hazard areas of the City are subject to periodic inundation which results in
potential loss of life, loss of property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affects the public health,
safety and general welfare. It is the purpose of this Ordinance to promote the public
health, safety, and general welfare by minimizing these losses and disruptions.
B.
National Flood Insurance Program Compliance. This Ordinance is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as 44
Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community’s
eligibility in the National Flood Insurance Program.
C.
This Ordinance is also intended to preserve the natural characteristics and functions of
watercourses and floodplains in order to moderate flood and stormwater impacts,
improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide
recreational opportunities, provide aesthetic benefits and enhance community and
economic development.
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801.93.3:
GENERAL PROVISIONS
A.
Lands to Which Regulations Apply. The Floodplain Overlay District shall apply to all
lands within the jurisdiction of the City shown on the official Zoning Map as being
located within the boundaries of the Floodway, Flood Fringe or General Floodplain
Districts. The Floodplain Overlay District shall be applied to and superimposed as an
overlay upon all districts as existing or amended by the text and map of this Ordinance.
The regulations and requirements imposed by the Floodplain Overlay District shall be in
addition to those established by all other districts of this Ordinance. Where the
floodplain regulations and requirements conflict with the base zoning district, the more
restrictive regulations will be applied.
B.
Incorporation of Maps by Reference. The following maps together with all attached
material are hereby adopted by reference and declared to be a part of the Official Zoning
Map and this Ordinance. The attached material includes the Flood Insurance Study for
Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016, and the
Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all
prepared by the Federal Emergency Management Agency. These materials are on file in
the office of the City Manager. Effective Flood Insurance Rate Map panels:
27053C0306F
27053C0307F
27053C0308F
27053C0309F
27053C0326F
27053C0328F
C.
Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall
be an elevation no lower than one (1) foot above the elevation of the regional flood, plus
any increases in flood elevation caused by encroachments on the floodplain that result
from designation of a floodway.
D.
Interpretation. The boundaries of a zoning district shall be determined by scaling
distances on the Flood Insurance Rate Map.
1.
Where interpretation is needed as to the exact location of the boundaries of any
district, for example where a conflict exists between the floodplain limits
illustrated on the official Zoning Map and actual field conditions, the flood
elevations shall be the governing factor. The Zoning Administrator must interpret
the boundary location based on the ground elevations that existed on the site on
the date of the first National Flood Insurance Program map showing the area
within the regulatory floodplain, and other available technical data.
2.
Persons contesting the location of the district boundaries will be given a
reasonable opportunity to present their case to the City Council and to submit
technical evidence.
E.
Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal,
abrogate, or impair any existing easements, covenants, or other private agreements.
However, where this Ordinance imposes greater restrictions, the provisions of this
Ordinance prevail. All other Ordinances inconsistent with this Ordinance are hereby
repealed to the extent of the inconsistency only.
F.
Warning and Disclaimer of Liability. This Ordinance does not imply that areas outside
the Floodplain Overlay District or land uses permitted within such districts will be free
93-2
from flooding or flood damages. This Ordinance shall not create liability on the part of
the City or any officer or employee thereof for any flood damages that result from
reliance on this Ordinance of any administrative decision lawfully made thereunder.
G.
801.93.4:
A.
B.
801.93.5
A.
Severability. If any section, clause, provision, or portion of this Ordinance is adjudged
unconstitutional or invalid by a court of law, the remainder of this Ordinance shall not be
affected and shall remain in full force.
DISTRICTS ESTABLISHED
Districts. The floodplain areas within the Floodplain Overlay District are hereby divided
into the following three districts:
1.
Floodway District: The Floodway District shall include those areas within Zones
AE that have a floodway delineated as shown on the Flood Insurance Rate Map
adopted in Section 801.93.3.B. For lakes, wetlands and other basins within Zones
AE that do not have a floodway delineated, the Floodway District also includes
those areas that are at or below the ordinary high water level as defined in
Minnesota Statutes, Section 103G.005, subdivision 14.
2.
Flood Fringe District: The Flood Fringe District shall include those areas within
Zones AE that have a floodway delineated on the Flood Insurance Rate Map
adopted in Section 801.93.3.B, but are located outside of the floodway. For lakes,
wetlands and other basins within Zones AE that do not have a floodway
delineated, the Flood Fringe District also includes those areas below the 1%
annual chance (100-year) flood elevation but above the ordinary high water level
as defined in Minnesota Statutes, Section 103G.005, subdivision 14.
3.
General Floodplain District: The General Floodplain District shall include those
areas within Zone A that do not have a delineated floodway as shown on the
Flood Insurance Rate Map adopted in Section 801.93.3.B.
Applicability: Within the floodplain districts established in this Ordinance, the use, size,
type and location of development must comply with the terms of this Ordinance and other
applicable regulations. In no cases shall floodplain development adversely affect the
efficiency or unduly restrict the capacity of the channels or floodways of any tributaries
to the main stream, drainage ditches, or any other drainage facilities or systems. All uses
not listed as permitted uses or conditional uses in Sections 801.93.5, 801.93.6, and
801.93.7 are prohibited.
FLOODWAY DISTRICT (FW)
Permitted Uses. The following uses, subject to the standards set forth in Section
801.93.5.B, are permitted within the Floodway District, if the use is allowed in the
underlying zoning district and any applicable overlay district:
1.
Residential lawns, gardens, parking areas and play areas
2.
Private and public recreational uses such as golf courses, tennis courts, driving
ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas,
parks, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet
93-3
ranges, shooting preserves, target ranges, and single or multiple purpose
recreational trails
B.
C.
D.
3.
Industrial or commercial accessory uses such as loading areas and parking areas
4.
General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming, and wild crop harvesting
5.
Railroads, streets, bridges, utility transmission lines and pipelines, provided that
the Department of Natural Resources’ Area Hydrologist is notified at least ten
days prior to issuance of any permit
Floodway District Standards. Permitted uses within the Floodway District must meet
the following standards:
1.
The use must have low flood damage potential.
2.
The use must not obstruct flood flows or cause any increase in flood elevations.
3.
The use must not include structures, fill, obstructions, excavations, or storage of
materials or equipment.
4.
Any facility that will be used by employees or the general public must be
designed with a flood warning system that provides adequate time for evacuation
if the area is inundated to a depth and velocity such that the depth (in feet)
multiplied by the velocity (in feet per second) would exceed a product of four (4)
upon occurrence of the 1% chance or regional flood.
Conditional Uses. The following uses may be allowed as conditional uses in the
Floodway District if the use is also allowed in the underlying zoning district and in any
applicable overlay district, and the use meets the standards and procedures in Section
801.93.13.
1.
Structures accessory to a permitted or conditional use in the Floodway District
2.
Placement of fill
3.
Extraction or storage of sand, gravel, and other materials
4.
Marinas, boat rentals, docks, piers, wharves, and water control structures
5.
Storage yards for equipment, machinery, or materials.
6.
Structural works for flood control such as levees, dikes, and floodwalls
constructed to any height where the intent is to protect individual structures
Conditional Use Permit Standards for Uses in the Floodway District. All conditional
uses in the Floodway District must meet the conditional use permit procedures and
standards in Sections 801.04 and 801.93.13, and must meet all of the following standards:
93-4
1.
The use must not cause any increase in the stage of the 1% chance or regional
flood, or cause an increase in flood damage in the reach or reaches affected.
2.
All accessory structures must meet the following requirements:
3.
a.
Accessory structures must not be intended for human habitation
b.
Accessory structures must have low flood damage potential
c.
Accessory structures must be constructed and placed so as to offer a
minimal obstruction to the flow of flood waters.
d.
Service utilities such as electrical and heating equipment within the
structures must be elevated to or above the regulatory flood protection
elevation or properly flood-proofed.
e.
Accessory structures must meet one of the following:
(1)
The structure must be elevated on fill or structurally dry floodproofed in accordance with the FP1 and FP2 flood-proofing
classifications in the State Building Code. All flood-proofed
structures must be adequately anchored to prevent flotation,
collapse, or lateral movement, and designed to equalize
hydrostatic flood forces on exterior walls.
(2)
As an alternative, an accessory structure may be internally/wet
flood-proofed to the FP3 or FP4 flood-proofing classifications in
the State Building Code, provided that the accessory structure
constitutes a minimal investment and does not exceed 576 square
feet in size. Designs for meeting this requirement must either be
certified by a registered professional engineer or meet or exceed
the following criteria:
(a)
To allow for the equalization of hydrostatic pressure,
there must be a minimum of two automatic openings in
the outside walls of the structure, with a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding; and
(b)
There must be openings on at least two sides of the
structure, and the bottom of all openings must be no
higher than one foot above the lowest adjacent grade to
the structure. Using human intervention to open a garage
door prior to flooding will not satisfy this requirement
for automatic openings.
All fill and storage of materials or equipment must meet the following
requirements.
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801.93.6:
a.
The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or plant
life is prohibited.
b.
Fill, dredge spoil, and other similar materials deposited or stored in the
floodplain must be protected by vegetative cover, mulching, riprap, or
other acceptable method. Permanent sand and gravel operations and
similar uses must be covered by a long-term site development plan.
c.
Temporary placement of fill, other materials, or equipment which would
cause an increase to the stage of the 1% chance or regional flood may
only be allowed if the City has approved a plan that assures removal of
the materials from the floodway based upon the flood warning time
available.
4.
Flood control structures that will change the course, current, or cross section of
protected wetlands or public water must meet the provisions of Minnesota
Statutes, Section 103G.245.
5.
A levee, dike, or floodwall constructed in the floodway must not cause an
increase to the 1% chance or regional flood. The technical analysis must assume
equal conveyance or storage loss on both sides of a stream.
6.
Floodway developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage
system.
FLOOD FRINGE DISTRICT (FF)
A.
Permitted Uses. Permitted uses within the Flood Fringe District are those uses allowed
in the underlying zoning districts that comply with the standards in Section 801.93.6.B.
B.
Standards for Flood Fringe District.
1.
Permitted uses within the Flood Fringe District must meet all of the following
requirements:
a.
All structures, including accessory structures, must be constructed on fill
so that the lowest floor, as defined, is at or above the regulatory flood
protection elevation. The finished fill elevation for structures must be no
lower than one (1) foot below the regulatory flood protection elevation,
and the fill must extend at the same elevation at least fifteen (15) feet
beyond the outside limits of any structure. All fill shall be properly
compacted and the slopes shall be properly protected by riprap,
vegetative covering, or other acceptable method.
b.
The storage of any materials or equipment must be elevated on fill to the
Regulatory Flood Protection Elevation.
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c.
2.
C.
The cumulative placement of fill or similar material on a parcel must not
exceed one thousand (1,000) cubic yards, unless the fill is specifically
intended to elevate a structure in accordance with Section 801.93.6.B.1.a.
All uses within the Flood Fringe District must meet all of the following
requirements:
a.
All service utilities, including ductwork, must be elevated or water-tight
to prevent infiltration of floodwaters.
b.
The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal or plant
life, is prohibited.
c.
All new principal structures must have vehicular access at or above an
elevation not more than two feet below the regulatory flood protection
elevation, or must have a flood warning and emergency evacuation plan
acceptable to the City Engineer.
d.
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, any facilities used by employees or the
general public shall be designed with a flood warning system that
provides adequate time for evacuation if the area would inundate to a
depth (in feet) multiplied by the velocity (in feet per second) would
exceed a product of four (4) upon occurrence of a 1% chance or regional
flood.
Conditional Uses. The following uses may be allowed as conditional uses in the Flood
Fringe District, if they are also allowed in the underlying zoning district and any
applicable overlay district. All conditional uses in the Flood Fringe District must meet the
conditional use permit standards in Sections 801.04 and 801.93.13.
1.
Any structure that is not elevated on fill in accordance with Section
801.93.6.B.1.a., if it meets the following requirements:
a.
The use must comply with all Flood Fringe District standards in Section
801.93.6.B.2.
b.
Basements, as defined by Section 801.02.2, shall be subject to the
following:
(1)
Residential basement construction shall not be allowed below the
Regulatory Flood Protection Elevation.
(2)
All areas of non-residential structures, including basements, may
be located below the Regulatory Flood Protection Elevation
provided the structure is flood-proofed in accordance with the
structurally dry flood-proofing classifications in the State
Building Code. Structurally dry flood-proofing must meet the
FP1 or FP2 flood-proofing classification in the State Building
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Code and this shall require making the structure watertight with
the walls substantially impermeable to the passage of water and
with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
Structures flood-proofed to the FP3 or FP4 classification shall
not be permitted.
2.
3.
4.
Storage of any material or equipment below the regulatory flood protection
elevation, if it meets the following requirements:
a.
The use must comply with all Flood Fringe District standards in Section
801.93.6.B.2.
b.
The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or plant
life is prohibited.
c.
Storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood warning
and in accordance with a plan approved by the City Council.
The cumulative placement of more than one thousand (1,000) cubic yards of fill
or other similar material, other than for the purpose of elevating a structure to the
regulatory flood protection elevation, provided the following requirements are
met:
a.
The use must comply with all Flood Fringe District standards in Section
801.93.6.B.2.
b.
A erosion and sedimentation control plan is required which includes the
following:
(1)
The plan must clearly specify methods to be used to stabilize the
fill on site for a flood event at a minimum of the regional (1%
chance) flood event.
(2)
The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to
the City Engineer.
(3)
The plan may incorporate alternative procedures for removal of
the material from the floodplain if adequate flood warning time
exists.
Any structure that uses alternative methods to elevate a structure above the
regulatory flood protection elevation other than through the use of fill, such as
stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces
or tuck under garage. The alternative elevation methods must meet the following
requirements:
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a.
801.93.7:
The base or floor of an enclosed area shall be considered above-grade not
a structure's basement or lowest floor if: 1) the enclosed area is abovegrade on at least one side of the structure; 2) it is designed to internally
flood and is constructed with flood resistant materials; and 3) it is used
solely for parking of vehicles, building access or storage. The abovenoted alternative elevation methods are subject to the following
additional standards:
(1)
Design and Certification. The structure's design and as-built
condition must be certified by a registered professional engineer
or architect as being in compliance with the general design
standards of the State Building Code and, specifically, that all
electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities must be at or above the
Regulatory Flood Protection Elevation or be designed to prevent
flood water from entering or accumulating within these
components during times of flooding.
(2)
Specific Standards for Above-grade, Enclosed Areas. Abovegrade, fully enclosed areas such as crawl spaces or tuck under
garages must be designed to internally flood and the design plans
must stipulate:
(a)
The minimum area of openings in the walls where
internal flooding is to be used as a flood proofing
technique. There shall be a minimum of two automatic
openings on at least two sides of the structure and the
bottom of all openings shall be no higher than one foot
above grade. The automatic openings shall have a
minimum net area of not less than one square inch for
every square foot of enclosed area subject to flooding
unless a registered professional engineer or architect
certifies that a smaller net area would suffice. The
automatic openings may be equipped with screens,
louvers, valves, or other coverings or devices provided
that they permit the automatic entry and exit of flood
waters without any form of human intervention.
(b)
That the enclosed area will be designed of flood resistant
materials in accordance with the FP3 or FP4
classifications in the State Building Code and shall be
used solely for building access, parking of vehicles or
storage.
GENERAL FLOODPLAIN DISTRICT (GF)
A.
Permitted Uses. Permitted uses within the General Floodplain District are the same as
the permitted uses for the Floodway District as outlined in Section 801.93.5.A.
B.
Other Uses. The General Floodplain District includes the entire Floodplain and does not
differentiate between those areas that are in the Floodway District and those areas that are
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in the Flood Fringe District. Because of this, the City shall determine whether the
proposed use is in the Floodway District or Flood Fringe District using procedures
established in Section 801.93.7.C. If it is determined that the use lies in the Floodway
District, the provisions of Section 801.93.5 shall apply. If it is determined that the
proposed use lies in the Flood Fringe District, the provisions of Section 801.93.6 shall
apply.
C.
801.93.8:
Procedures for Floodway and Flood Fringe Determinations.
1.
Upon receipt of an application for a permit or other approval within the General
Floodplain District, the Zoning Administrator must obtain, review and
reasonably utilize any regional flood elevation and floodway data available from
a federal, state, or other source.
2.
If regional flood elevation and floodway data are not readily available, the
applicant must furnish additional information, as needed, to determine the
regulatory flood protection elevation and whether the proposed use would fall
within the Floodway or Flood Fringe District. Information must be consistent
with accepted hydrological and hydraulic engineering standards and the
standards in Section 801.93.7.C.3 below.
3.
The determination of floodway and flood fringe must include the following
components, as applicable:
a.
Estimate the peak discharge of the regional (1% chance) flood.
b.
Calculate the water surface profile of the regional flood based upon a
hydraulic analysis of the stream channel and overbank areas.
c.
Compute the floodway necessary to convey or store the regional flood
without increasing flood stages more than one-half (0.5) foot. A lesser
stage increase than 0.5 foot is required if, as a result of the stage increase,
increased flood damages would result. An equal degree of encroachment
on both sides of the stream within the reach must be assumed in
computing floodway boundaries.
4.
The Zoning Administrator will review the submitted information and assess the
technical evaluation and the recommended Floodway and/or Flood Fringe
District boundary. The assessment must include the cumulative effects of
previous floodway encroachments. The Zoning Administrator may seek technical
assistance from a designated engineer or other expert person or agency, including
the Department of Natural Resources. Based on this assessment, the Zoning
Administrator may approve or deny the application.
5.
Once the Floodway and Flood Fringe District boundaries have been determined,
the Zoning Administrator must process the permit application consistent with the
applicable provisions of Sections 801.93.5 and 801.93.6.
SUBDIVISION STANDARDS
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A.
Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or
inadequate drainage, water supply, or sewage treatment facilities. In addition to the
requirements in Section 805, the following additional requirements apply to all
subdivisions located in the Floodplain Overlay District:
1.
All lots within a subdivision that are located within the Floodplain Overlay
District must be able to contain a building site outside of the Floodway District
and which is at or above the regulatory flood protection elevation.
2.
All subdivisions must have road access both to the subdivision and to the
individual building sites no lower than two feet below the regulatory flood
protection elevation, unless a flood warning emergency plan for the safe
evacuation of all vehicles and people during the regional (1% chance) flood has
been approved by the City Council. The plan must be prepared by a registered
engineer or other qualified individual acceptable to the City Engineer, and must
demonstrate that adequate time and personnel exist to carry out the evacuation.
3.
For all subdivisions in the Floodplain Overlay District, the Floodway and Flood
Fringe District boundaries, the regulatory flood protection elevation, and the
required elevation of all access roads must be clearly labeled on all required
subdivision drawings and platting documents.
4.
In the General Floodplain District, applicants must provide the information
required in Section 801.93.7.C to determine the regional flood elevation, the
Floodway and Flood Fringe District boundaries, and the regulatory flood
protection elevation for the subdivision site.
5.
If a subdivision proposal is in a flood prone area, any such proposal must be
reviewed to assure that:
6.
a.
All such proposals are consistent with the need to minimize flood
damage within the flood prone area,
b.
All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood
damage, and
c.
Adequate drainage is provided to reduce exposure of flood hazard.
If a proposed building site is in a flood prone area, all new construction and
substantial improvements must be:
a.
Designed (or modified) and adequately anchored to prevent floatation,
collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b.
Constructed with materials and utility equipment resistant to flood
damage;
c.
Constructed by methods and practices that minimize flood damage; and
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d.
801.93.9:
Constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
PUBLIC UTILITIES AND PUBLIC TRANSPORATION FACILITIES
A.
Public Utilities. All public utilities and facilities, such as gas, electrical, sewer and water
supply systems, to be located in a floodplain shall be flood proofed in accordance with
the State Building Code or elevated to or above the regulatory flood protection elevation.
B.
On-site Water Supply and Sewage Treatment Systems. Where public utilities are not
provided: 1) On-site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems and are subject to the provisions in Minnesota
Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage
treatment systems must be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters, they must not be
subject to impairment or contamination during times of flooding, and are subject to the
provisions in Minnesota Rules Chapter 7080.2270, as amended.
C.
Public Transportation Facilities. Railroad tracks, roads and bridges to be located within
the Floodway District shall comply with Section 801.93.5. These transportation facilities
must be elevated to the regulatory flood protection elevation where failure or interruption
of these transportation facilities would result in danger to the public health, safety or
welfare or where such facilities are essential to orderly functioning of the area. Minor or
auxiliary roads or railroads may be constructed at a lower elevation where failure or
interruption of transportation services would not endanger the public health, safety or
welfare.
801.93.10
MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND
RECREATIONAL VEHICLES
A.
Manufactured Homes: New manufactured homes, new manufactured home parks, and
expansions to existing manufactured home parks are prohibited in any floodplain district.
B.
Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions
to existing recreational vehicle parks or campgrounds are prohibited in any floodplain
district.
801.93.11:
A.
FLOODPLAIN USE PERMIT
Floodplain Use Permit Required. A floodplain use permit issued by the Zoning
Administrator in conformity with the provisions of this Ordinance shall be secured prior
to the conducting the following activities within the Floodplain Overlay District:
1.
Erection, addition or alteration of any building, structure, or portion thereof.
Normal maintenance and repair also requires a permit if such work, separately or
in conjunction with other planned work, constitutes a substantial improvement as
defined in this Ordinance.
2.
The use or change of use of a building, structure, or land
93-12
B.
3.
The construction of a dam, fence, or on-site septic system
4.
Any changes to a non-conforming use, structure, or occupancy of land
5.
The repair of a structure that has been damaged by flood, fire, tornado, or any
other source
6.
Placement of fill, excavation of materials, or storage of materials and equipment
within a floodplain district
7.
Relocation or alteration of a watercourse, including new or replacement culverts
and bridges, unless a public waters work permit has been applied for and
approved by the Minnesota Department of Natural Resources.
8.
Any other type of development as defined in this Ordinance.
Application for Floodplain Use Permit. Application for a floodplain use permit shall
be made to the Zoning Administrator on forms furnished by him or her, and shall include
the following where applicable:
1.
A site plan showing all pertinent dimensions, existing and proposed buildings,
structures, and significant natural features having an influence on the permit.
2.
Location of fill or storage of materials in relation to the stream channel.
3.
Copies of any required municipal, county, state or federal permits or approvals.
4.
Other relevant information requested by the Zoning Administrator as necessary
to properly evaluate the permit application.
C.
Certificate of Zoning Compliance for a New, Altered or Non-Conforming Use. It
shall be unlawful to use, occupy, or permit the use or occupancy of any building or
premises or part thereof hereafter created, erected, changed, converted, altered or
enlarged in its use or structure until a Certificate of Zoning Compliance shall have been
issued by the Zoning Administrator, stating that the use of the building or land conforms
to the requirements of this Section.
D.
Certification. The applicant is required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the finished
fill and building elevations were accomplished in compliance with the provisions of this
Ordinance. Flood-proofing measures must be certified by a registered professional
engineer or registered architect.
E.
Record of First Floor Elevation. The Zoning Administrator must maintain a record of
the elevation of the lowest floor (including basement) of all new structures and alterations
or additions to existing structures in the floodplain. The Zoning Administrator must also
maintain a record of the elevation to which structures and alterations or additions to
structures are flood-proofed.
F.
Notifications for Watercourse Alterations. Before authorizing any alteration or
relocation of a river or stream, the Zoning Administrator must notify adjacent
93-13
communities. If the applicant has applied for a permit to work in public waters pursuant
to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of
the notification must also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
G.
801.93.12:
Notification to FEMA When Physical Changes Increase or Decrease Base Flood
Elevations. As soon as is practicable, but not later than six months after the date such
supporting information becomes available, the Zoning Administrator must notify the
Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant
technical or scientific data.
VARIANCES
A.
Variance Applications. An application for a variance to the provisions of the Floodplain
Overlay District will be processed and reviewed in accordance with applicable State
Statutes and Section 801.05.
B.
Adherence to State Floodplain Management Standards. A variance must not allow a
use that is not allowed in that district, permit a lower degree of flood protection than the
regulatory flood protection elevation for the particular area, or permit standards lower
than those required by State law.
C.
Additional Variance Criteria. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
D.
1.
Variances must not be issued by a community within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would
result.
2.
Variances may only be issued by a community upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would
result in exceptional hardship to the applicant, and (iii) a determination that the
granting of a variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or Ordinances.
3.
Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
Flood Insurance Notice. The Zoning Administrator must notify the applicant for a
variance that:
1.
The issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as
$25 for $100 of insurance coverage; and
2.
Such construction below the base or regional flood level increases risks to life
and property.
3.
Such notifications must be maintained with a record of all variance actions.
93-14
E.
Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed variances to the DNR
sufficiently in advance to provide at least ten days notice of the hearing. The notice may
be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
F.
Submittal of Final Decisions to the DNR. A copy of all decisions granting variances
must be forwarded to the DNR within ten days of such action. The notice may be sent by
electronic mail or U.S. Mail to the respective DNR area hydrologist.
G.
Record-Keeping. The Zoning Administrator must maintain a record of all variance
actions, including justification for their approval, and must report such variances in an
annual or biennial report to the Administrator of the National Flood Insurance Program,
when requested by the Federal Emergency Management Agency.
801.93.13:
CONDTIONAL USE PERMITS
A.
Review Process and Procedure. An application for a conditional use permit under the
provisions of this Ordinance will be processed and reviewed in accordance with Section
801.04.
B.
Factors Used in Decision-Making. In reviewing conditional use permit applications,
the City Council must consider all relevant factors specified in other Sections of this
Ordinance, and the following factors in granting and imposing conditions on conditional
use permits in the Floodplain Overlay District:
1.
The potential danger to life and property due to increased flood heights or
velocities caused by encroachments
2.
The danger that materials may be swept onto other lands or downstream to the
injury of others
3.
The proposed water supply and sanitation systems, if any, and the ability of these
systems to minimize the potential for disease, contamination and unsanitary
conditions
4.
The susceptibility of any proposed use and its contents to flood damage and the
effect of such damage on the individual owner
5.
The importance of the services to be provided by the proposed use to the
community
6.
The requirements of the facility for a waterfront location
93-15
C.
7.
The availability of viable alternative locations for the proposed use that are not
subject to flooding
8.
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future
9.
The relationship of the proposed use to the Comprehensive Plan and flood plain
management program for the area
10.
The safety of access to the property in times of flood for ordinary and emergency
vehicles
11.
The expected heights, velocity, duration, rate of rise and sediment transport of
the flood waters expected at the site
Conditions Attached to Conditional Use Permits. The City Council may attach such
conditions to the granting of conditional use permits as it deems necessary to fulfill the
purposes of this Ordinance. Such conditions may include, but are not limited to, the
following:
1.
Modification of waste treatment and water supply facilities
2.
Limitations on period of use, occupancy, and operation
3.
Imposition of operational controls, sureties, and deed restrictions
4.
Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures
5.
Flood-proofing measures, in accordance with the State Building Code and this
Ordinance. The applicant must submit a plan or document certified by a
registered professional engineer or architect that the flood-proofing measures are
consistent with the regulatory flood protection elevation and associated flood
factors for the particular area.
D.
Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for conditional use permit applications
to the DNR sufficiently in advance to provide at least ten days notice of the hearing. The
notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
E.
Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional
use permits must be forwarded to the DNR within ten days of such action. The notice
may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
801.93.14:
A.
NON-CONFORMITIES
Non-Conforming Uses, Structures, or Occupancies. A use, structure, or occupancy of
land which was lawful before the passage or amendment of this Ordinance but which is
not in conformity with the provisions of the Floodplain Overlay District may be
continued subject to the following conditions. Historic structures, as defined in Section
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801.02.2 of this Ordinance, are subject to the provisions of Sections 801.93.14.A.1
through 801.93.14.A.6.
801.93.15:
A.
1.
Expansion or enlargement of uses, structures, or occupancies within the
Floodway District is prohibited.
2.
A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged, or altered in a way that increases its flood damage potential or degree
of obstruction to flood flows. Any addition or structural alteration to a
nonconforming structure or nonconforming use that would result in increasing its
flood damage potential must be protected to the regulatory flood protection
elevation in accordance with any of the elevation on fill or flood-proofing
techniques (i.e., FP1 thru FP4 flood-proofing classifications) allowable in the
State Building Code, except as further restricted in Sections 801.93.14.A.3
through 801.93.14.A.7 below.
3.
If the cost of all previous and proposed alterations and additions exceeds 50
percent of the market value of any nonconforming structure, it shall be
considered substantial improvement, and the entire structure must meet the
standards of Sections 801.93.5 or 801.93.6 of this Ordinance for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe
District, respectively. The cost of all structural alterations and additions must
include all costs such as construction materials and a reasonable cost placed on
all labor.
4.
If any nonconforming use, or any use of a nonconforming structure, is
discontinued for more than one year, any future use of the property or structure
must conform to this Ordinance. The City Assessor must notify the Zoning
Administrator in writing of instances of nonconformities that have been
discontinued for a period of more than one year.
5.
If any nonconformity is substantially damaged, as defined in Section 801.02.2,
the nonconformity may not be reconstructed except in conformity with the
provisions of this Ordinance. The applicable provisions for establishing new uses
or new structures in Sections 801.93.5 or 801.93.6 shall apply depending upon
whether the use or structure is in the Floodway or Flood Fringe, respectively.
6.
If any nonconforming use or structure experiences a repetitive loss, as defined in
Section 801.02.2, it must not be reconstructed except in conformance with the
provisions of this Ordinance.
7.
Any substantial improvement, as defined in Section 801.02.2, to a
nonconforming structure requires that the existing structure and any additions
must meet the requirements of Sections 801.93.5 or 801.93.6 for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe
District, respectively.
VIOLATIONS AND ENFORCEMENT
Violations. Violation of the provisions of this Ordinance or failure to comply with any of
its requirements, including violations of conditions and safeguards established in
93-17
connection with approvals of variances or conditional uses permits, shall be penalized in
accordance with Section 801.08.
B.
Enforcement. Violations of the provisions of this Ordinance will be investigated and
resolved in accordance with the provisions of Section 801.08. In responding to a
suspected Ordinance violation, the Zoning Administrator and City may utilize the full
array of enforcement actions available to it including but not limited to prosecution and
fines, injunctions, after-the-fact permits, orders for corrective measures, or a request to
the National Flood Insurance Program for denial of flood insurance availability to the
guilty party. The City must act in good faith to enforce these official controls and to
correct Ordinance violations to the extent possible so as not to jeopardize its eligibility in
the National Flood Insurance Program.
C.
Other Lawful Action. Nothing in this Ordinance restricts the City from taking such
other lawful action as is necessary to prevent or remedy any violation. If the responsible
party does not appropriately respond to the Zoning Administrator within the specified
period of time, each additional day that lapses will constitute an additional violation of
this Ordinance and will be prosecuted accordingly.
801.93.16:
AMENDMENTS
A.
Ordinance Amendment. All map revisions must meet the process, procedure, and
standards of Section 801.03.
B.
Restrictions on Removal. The floodplain designation on the Official Zoning Map must
not be removed from floodplain areas unless it can be shown that the designation is in
error or that the area has been filled to or above the regulatory flood protection elevation
and is contiguous to lands outside the floodplain. Special exceptions to this rule may be
permitted by the Commissioner of the Department of Natural Resources (DNR) if the
Commissioner determines that, through other measures, lands are adequately protected
for the intended use.
C.
Amendments Require DNR Approval. All amendments to this Ordinance must be
submitted to and approved by the Commissioner of the Department of Natural Resources
(DNR) prior to adoption. The Commissioner must approve the amendment prior to
community approval.
D.
Map Revisions Require Ordinance Amendments. The floodplain overlay district
regulations must be amended to incorporate any revisions by the Federal Emergency
Management Agency (FEMA) to the floodplain maps adopted in Section 801.93.3.B of
this Ordinance.
93-18