chapter 13 - zoning - crosby,...

Chapter 13 – Zoning City of Crosby Code of Ordinances

Chapter 13 – of 80

Chapter 13

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Summary of Sections (§):

ZONING

1. Intent and Purpose

2. Jurisdiction

3. Application and Interpretation

4. Rules

5. Definitions

6. Administration

7. Application Time Frames

8. Conditional Use Permits

9. Amendments; Rezoning

10. Variance; Appeals

11. Environmental Documents

12. Building Permits; Certificate of Occupancy

13. Enforcement; Violations; Penalties

DISTRICTS

14. Establishment of Districts

15. Zoning District Application

16. Zoning District Boundaries

17. Uses Not Provided for Within Zoning Districts

18. Lot Standards Chart

19. Land Use Categories Chart

RESIDENTIAL ZONING DISTRICTS

20. R-1 Single- and Two-family Residential District

21. R-2 Multiple-family Residential District

22. R-3 Manufactured Home Residential District

23. Special Residential Provisions

COMMERCIAL/INDUSTRIAL AND OTHER ZONING DISTRICTS

24. B-1 Central Business District

25. B-2 Highway Commercial District

26. I Industrial District

27. P Public and Parks and Recreation District

28. Special Commercial/Industrial Provisions



SHORELAND AND FLOODPLAIN OVERLAY DISTRICT

29. Intent

30. Shoreland Management Classification

31. Shoreland Overlay District

32. Shoreland Alterations

33. Floodplain Provisions

MINERAL EXTRACTIONS

34. Intent

35. Mineral Extraction Permit

36. Standards

37. Fees and Bond

PLANNED UNIT DEVELOPMENTS

38. Intent

39. Procedures and Requirements for Establishment of a Planned Unit Development

40. Property Control

41. General Development Provisions

42. Review and Evaluation

BED AND BREAKFAST DEVELOPMENTS

43. Intent

44. Performance Standards

45. Review Process

HOME OCCUPATIONS

46. Intent

47. Performance Standards

PARKING AND LOADING REQUIREMENTS

48. Intent

49. General Requirements

50. Parking Space Requirements

51. Minimum Standards

52. Loading Requirements

53. Residential Districts

54. Garages

55. Limitation of Door Extensions

56. Business and Manufacturing Districts



FENCING, SCREENING, LANDSCAPING AND STORAGE

57. Regulated

UNPLATTED PROPERTY

58. Regulated

DWELLING UNIT RESTRICTIONS

59. Specified

PERFORMANCE STANDARDS

60. Sewer Facilities

61. Lighting

62. Smoke

63. Dust and Other Particulate Matter

64. Odors

65. Noise

HEIGHT AND YARD EXCEPTIONS

66. Specified

NONSHORELAND GRADING AND EXCAVATION

67. Regulated

SIGNS

68. Intent

69. Prohibited Signs

70. District Provisions

71. On-site General Provisions

72. Size/Dimension Standards

73. Number of Signs

74. Nonconforming Signs

75. Political Signs

76. Window Signs

77. Off-premises Sign General Provisions

NONCONFORMING USES

78. Continuance

79. Allowed



80. Restoration of Damaged Buildings

81. Change of Use

82. Discontinuance

83. Normal Maintenance Permitted

84. Completion Authorized

85. Junkyards

86. Completion of Proposed Structure

87. Nonconforming Lots

MANUFACTURED HOMES LAND USE CLASSIFICATIONS AND DEFINITIONS

88. Intent and Purpose

89. Special Land Use Provisions

90. Authorized Placement

91. Building Width

92. Severability

MOBILE HOMES

93. In General

94. Punishment

ZONING

95. Residential Areas

ZONING AMENDMENT

96. Placement

ORDINANCE AMENDING ORDINANCE 905 CROSBY CITY CODE 905 - ZONING

97. Additional Language

FLOOD

98. Establishment of Official Zoning Map

99. Regulatory Flood Protection Elevation

100. Interpretation

101. Compliance

102. Abrogation and Greater Restrictions

103. Warning and Disclaimer of Liability

104. Severability

105. Definitions

106. Establishment of Zoning Districts

107. Subdivisions



108. Public Utilities, Railroads, Roads and Bridges

109. Mobile Homes and Mobile Home Parks

110. Administration

111. Nonconforming Uses

112. Penalties for Violation

113. Amendments

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ZONING

1 Intent and Purpose. Pursuant to the authority conferred by the state in Minn. Stats. § 462.357, and for the purpose of:

1.1 Promoting and protecting the public health, safety and general welfare of the inhabitants of the incorporated area of the city;

1.2 Protecting and conserving the character, social and economic stability of residential, commercial, industrial, natural resources and other uses within the city;

1.3 Securing the most appropriate use of land;

1.4 Preventing the overcrowding of the land and undue congestion of population.

1.5 Providing adequate light, air and reasonable access;

1.6 Facilitating adequate and economical provision of transportation, water supply and sewage disposal;

1.7 Planning for location of schools, recreation facilities and other public requirements; and

1.8 Ensuring adequate public participation in land use decisions made by the city;

1.9 This chapter, the purpose of which is to set minimum and maximum standards for the height and size of buildings, the size of yards and other open spaces, the density of population, the location and use of buildings and land for trade, commerce, industry, residence, natural resources and other purposes; create districts for such purposes and establish boundaries of such districts; provide for changes in regulations, restrictions and boundaries of such districts; define certain terms used; provide for enforcement and administration; and impose penalties for the violation of this chapter, is enacted.

2 Jurisdiction. The jurisdiction of this chapter shall apply to all of the area within the corporate limits of the city. This chapter shall also apply to the unincorporated area within two miles of its limits, provided that the governing bodies or body of any unincorporated area adjacent to the city has not adopted ordinances for the zoning of land uses. Should any adjoining



governing body have zoning ordinances, this chapter shall only apply after a joint resolution has been adopted by the city and the affected governing body which confers the zoning authority to the city.

3 Application and interpretation.

3.1 In their application and interpretation, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.

3.2 Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by any law, ordinance, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

3.3 No structure shall be erected, converted, enlarged, reconstructed or altered without first obtaining a building permit, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter.

3.4 Except as provided in this chapter no building, structure or premises shall be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter.

4 Rules. For purposes of this chapter, words used in the singular number includes the plural, and the plural the singular; the present tense includes the past and future tenses and the future the present; the word "shall" is mandatory, the word "may" is permissive; all measured distances shall be to the nearest integral foot; whenever a word or term defined in this chapter appears in the text of this chapter, its meaning shall be construed as set forth in such definition.

5 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

5.1 Abandoned sign means a sign which no longer advertises a bona fide business, lessor, owner, activity, use or product available on the premises where the sign is displayed for a continuous period of six months.

5.2 Accessory building means a subordinate building or structure on the same lot or part of the main building, occupied by or devoted exclusively to an accessory use. Attached garages shall not constitute accessory buildings.

5.3 Accessory use means a use naturally and normally incidental to, subordinate to and auxiliary to the principal permitted use of the premises.

5.4 Agricultural use means the use of land for agricultural purposes, including farming, dairying, pasturage, horticultural, viticulture, animal and poultry husbandry, as well as any necessary accessory uses for packing, treating or storing the products, provided that such



uses shall be secondary to that of normal agricultural activities; shall include the homestead and accessory buildings; and shall not include the commercial feeding of garbage or offal to swine or other animals.

5.5 Alley means a public right-of-way which affords a secondary means of access to abutting property.

5.6 Animal shelter means any place where six or more animals over six months of age are boarded, bred and/or offered for sale.

5.7 Area identification sign means any freestanding sign identifying the name of a neighborhood, a residential subdivision, a multiple-residential complex, a shopping center or areas, an industrial area, an office complex or any combinations involving three or more principal buildings.

5.8 Automobile repair, major, means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, framework and painting.

5.9 Automobile repair, minor, means minor repair, incidental body and fender work, painting and upholstering service, replacement of parts and engine service to passenger vehicles and trucks not exceeding three-quarter-ton capacity.

5.10 Automobile wrecking yard or junkyard means a place maintained for keeping, storing or piling in commercial quantities, whether temporarily, irregularly or continually, buying or selling at retail or wholesale any old, used or secondhand material of any kind, including used motor vehicles, machinery and/or their parts. This shall include the exterior storage of any unlicensed motor vehicles or their remains for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. This shall not prohibit the keeping of one unlicensed motor vehicle within a garage or other structure in a residential district.

5.11 Basement means that portion of a floor of a building which is wholly or partially, up to 50 percent, underground or below grade.

5.12 Bed and breakfast means a dwelling other than a resort or hotel where nightly accommodations, including food services, are provided for compensation, containing up to six separate rental rooms.

5.13 Boardinghouse means a building other than a hotel or bed and breakfast where, for compensation and by prearrangement for definite periods, meals and lodging are provided to three or more persons, not of the principal family, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten persons.

5.14 Boathouse means a structure used solely for the storage of boats or boating equipment.



5.15 Buildable area means that part of the lot remaining after required yards and setback areas have been provided.

5.16 Building means any fabric or edifice designed to stand more or less permanently. A structure erected by man composed of stone, wood, brick, metal or other property substance, and enclosing a space within its walls usually but not necessarily covered by a roof.

5.17 Building height means the vertical distance measured from the average ground level adjoining the building to the highest point of the roof surface if a flat roof; to the deck line of mansard roofs; and to the mean height level between eaves and ridge of gable, hip and gambrel roofs.

5.18 Building, principal, means a building or structure in which the main or principal use of the lot is situated.

5.19 Building setback line means the minimum horizontal distance from the street right-of-way to any building.

5.20 Business identification sign means a sign which directs attention to a business or to a commodity, service or entertainment conducted, sold or offered upon the premises where such a sign is located.

5.21 Clear-cutting means the removal of an entire stand of trees.

5.22 Clinic means a public or proprietary institution providing diagnostic, therapeutic or preventive treatment of ambulatory patients by a group of doctors acting in concert and in the same building for these purposes.

5.23 Commissioner means the state commissioner of natural resources.

5.24 Conditional use means a use which, because of unique characteristics, cannot be classified as a permitted use in any particular district. After due consideration, in each case, of the impact of such use upon neighboring land and of the public desirability for the particular use at the particular location, a conditional use permit may be granted.

5.25 Construction sign means a sign placed at a construction site identifying the project or the name of the project, engineer, contractor, developer, financier or other involved parties.

5.26 Day care center, licensed, means a dwelling or other structure where, under the license of the state or the county, children are cared for during the day.

5.27 Directional sign means on-site signs, not exceeding three square feet in area, per side, intended to facilitate the movement of pedestrians and vehicles within the site on which such signs are located.



5.28 District zoning means any section of the incorporated area of the city within which certain uniform regulations and requirements or various combinations apply under the provisions of this chapter.

5.29 Draining means the removal of surface water or groundwater from land.

5.30 Dredging means to enlarge or clean out a water body, watercourse or wetland.

5.31 Drive-in establishment means an establishment which accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.

5.32 Dwelling means a building or portion designed exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings but not including hotels, motels, boardinghouses and garage space.

5.33 Dwelling, multiple-family, means a building used or intended to be used as a dwelling by three or more families, where each dwelling unit is divided by a partition wall extending the full height of the building. Each unit is capable of individual use and maintenance without trespassing upon adjoining properties.

5.34 Dwelling, single-family, means a dwelling occupied by only one family, and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only.

5.35 Dwelling, two-family, means a dwelling so designed and arranged to provide cooking and kitchen accommodations and sanitary facilities for occupancy by two families, living independently of each other.

5.36 Easement means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

5.37 Equal degree of encroachment means a method of determining the location of encroachment lines so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach.

5.38 Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments of commissions, of underground or overhead gas, electrical, communication, steam or water transmissions or distribution systems, including poles, wire mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, and other connected similar equipment and accessories (but not including buildings) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety or general welfare.



5.39 Family means any number of persons living together in rooms comprising a single housekeeping unit and related by blood, marriage, adoption or any unrelated person who resides there as though a member of the family, including domestic employees. Any group of persons not so related but inhabiting a single house shall be considered to constitute one family for each five persons, exclusive of domestic employees, contained in each such group.

5.40 Flood means a temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.

5.41 Flood fringe means that portion of the floodplain outside of the floodway.

5.42 Floodplain means those areas adjoining a watercourse which have been or may be covered by the regional flood.

5.43 Floodproofing means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

5.44 Floodway means the channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.

5.45 Floor area, ground, means the area within the exterior walls of the main building or structure as measured from the outside walls at the ground level, not including garages or enclosed or unenclosed porches and not including attached utility or accessory rooms having three or more exterior sides.

5.46 Food service means an accessory use to a bed and breakfast, whereby meals are provided to registered guests only.

5.47 Frontage means the width of a lot or building site measured on the line separating it from the public street right-of-way. (The frontage of corner lots shall be considered to be the shortest street line.)

5.48 Garage, community, means any space or structure or series of structures for the storage of motor vehicles for the use of two or more occupants of property in the vicinity and having no public shop or service.

5.49 Garage, private, means an accessory building designed or used for the storage of not more than three automobiles, trucks or buses, owned and used by the occupants of the building to which it is accessory.

5.50 Gasoline service station means a building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles, and including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including special facilities for the painting, major repair or similar servicing.



5.51 Government sign means any temporary or permanent sign erected and maintained by the city, county, state or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, street, property, facility or recreation trail.

5.52 Hardship means that the property in question cannot be put to reasonable use if used under the conditions allowed by this chapter. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. Economic considerations alone shall not constitute a hardship if reasonable use for the property exists under the terms of this chapter.

5.53 Historic site means a structure or area of land or water of historic, archaeological, paleontological or architectural value which has been designated as an historic site in the Federal Register of Historical Landmarks, the Minnesota Historical Society, or by a local unit of government.

5.54 Home occupation means any gainful occupation engaged in by the occupants of a dwelling at or from the dwelling when carried on within the dwelling unit and not in an accessory building. Home occupation sign means a sign designating a home business operated from residential property.

5.55 Hotel means any building or portion of a building occupied as a more or less temporary abiding place of individuals and containing six or more guest rooms, used, designated or intended to be used, let or hired out to be occupied, or which are occupied by six or more individuals for compensation, whether the compensation is paid directly or indirectly.

5.56 Illuminated sign means a sign illuminated in any manner by an artificial light source.

5.57 Impervious surface means the horizontal area of buildings, patios, walks, roads, driveways, accessory structures and other surfaces generally impervious to the penetration of stormwater, including gravel drives and parking areas.

5.58 Informational sign means an on-site sign not exceeding one square foot in area, intended to provide information or instructions to pedestrians or automobiles on the site that such sign is located.

5.59 Incidental sign means a sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone" and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

5.60 Long-term care facility means a facility, such as a nursing home, where medical care is administered to residents for periods of time typically greater than one month.



5.61 Lot means a parcel, piece or portion of land designated by metes and bounds, registered land survey, auditor's plat, as a lot within a recorded plat, or by other means and separated from other parcels or portions by the description for the purpose of sale, lease or separation.

5.62 Lot area means the area of a horizontal plane within the lot lines.

5.63 Lot, corner, means a lot situated at the junction of two or more intersecting streets, or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

5.64 Lot coverage means the part or percentage of the lot occupied by buildings or structures, including accessory buildings or structures.

5.65 Lot depth means the mean horizontal distance between the front line and the rear lot line.

5.66 Lot frontage means the portion or dimension of a lot abutting the sides of a public street, measured along the street right-of-way line.

5.67 Lot line means 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.

5.68 Lot of record means a platted lot or metes and bounds parcel which has been recorded in the office of the county recorder prior to June of 1998.

5.69 Lot width means the horizontal distance between the side lines of a lot measured parallel to the front line of the lot and the building setback line.

5.70 Manufactured housing means a factory-built dwelling eight feet or more in width, containing more than 320 square feet and designed intrinsically as a trailer requiring only minor modifications prior to occupancy and/or not meeting the requirements of the Uniform Building Code, but complying with Manufactured Home Building Code or federal department of housing and urban development standards.

5.71 Medical facility means a structure where the primary use is providing short-term medical care in either an out-patient or in-patient facility. A nursing home or long-term care facility shall not be considered a medical facility.

5.72 Modular home means a nonmobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site.



5.73 Motel or motor court means a business of attached, semidetached or detached rental units with or without eating facilities for the overnight accommodation of transient guests.

5.74 Nonconforming building, structure or use means a building, structure or use which does not conform with the zoning district regulations in which it is situated.

5.75 Off-premises sign means an off-premises sign which advertises a product, service, business or event which is not available or does not take place on the same premises as the sign, including billboards.

5.76 Ordinary high water mark means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

5.77 Parking space means an area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one automobile, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

5.78 Permitted use means a use which may be lawfully established in a particular district provided it conforms with all requirements and performance standards (if any) of such district.

5.79 Person means any individual, corporation, firm, partnership, association, organization or other group acting as a unit. It also includes any executor, administrator, trustee, receiver or other representative appointed by law. Whenever the word "person" is used in any section prescribing a penalty or fine, it shall include the partners or members of any corporation who are responsible for the violation.

5.80 Planned unit development means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses.

5.81 Political sign means a temporary sign advertising election issues or the candidacy of a person running for office.

5.82 Portable/temporary sign means a sign that is not permanently fixed to a building, other unmovable structure, or the ground.

5.83 Public waters means any waters of the state which serve a beneficial public purpose, as defined in Minn. Stats. § 103G.005, subd. 15. However, no lake, pond or flowage of less than ten acres in size and no river or stream having a total drainage area less than two square miles are regulated for the purposes of this chapter. A body of water created by a private user where there was no previous shoreland for a designated private use authorized by the commissioner of natural resources shall be exempt from the provisions of this chapter. The



official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the commissioner of natural resources. The official size of lakes, ponds or flowages shall be the areas listed in the Division of Waters Bulletin 25, "An Inventory of Minnesota Lakes"; or if lakes, ponds or flowages are not listed, official determination of size and physical limits shall be made by the commissioner of natural resources in cooperation with the city.

5.84 Reach is a hydraulic engineering term used to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

5.85 Real estate sign means a temporary sign placed upon property for the purpose of advertising to the public the sale or lease of the property.

5.86 Regional flood means a flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval.

5.87 Regulatory flood protection elevation means a point not less than one foot above the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this chapter are required to be elevated or floodproofed.

5.88 Resort means a commercial business with a central management to provide necessary services and having dwelling units and/or campsites for rent or owned by time interval and may provide related facilities such as restaurants, bars, golf courses or other recreational amenities. A resort shall be considered only through a planned unit development process.

5.89 Restaurant means a commercial business whose primary function is to provide meals to the general public. A restaurant shall not be restricted to providing meals for registered guests of a bed and breakfast or resort.

5.90 Riparian lot means any lot which is bounded on one or more sides by public waters frontage.

5.91 Roominghouse means any dwelling occupied in any such manner that certain rooms in excess of those used by members of the immediate family and occupied as a home or family unit, are leased or rented to persons outside of the family, without any attempt to provide cooking or kitchen accommodations, providing the accommodations are not provided for more than ten persons.

5.92 Setback means the minimum horizontal distance between a building and street or lot line.

5.93 Setback, waterfront, means the closest horizontal distance between the ordinary high water mark and the foundation wall or edge of the structure, excluding up to three feet of



roof overhang, stoops not exceeding 32 square feet in area and steps from stoop to ground not exceeding four feet in overall width.

5.94 Shoreland means the land located within 1,000 feet from the normal high water mark of a lake, pond or flowage or 300 feet from a river or stream, or the landward extent of a floodplain designated by this chapter on such a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits wherever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances.

5.95 Sign means a name, identification, description, display, illustration or device which is fixed to, painted or represented directly or indirectly, upon a building or other outdoor surface or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.

5.96 Sign area means the area within the single continuous line enclosing the extreme limits of such sign. It does not include any structural or framing elements lying outside the limits of such sign surface and not forming an integral part of the display, all sides of a sign that bear media elements shall be used in computing total gross area. In computing the number and square footage of signs, all signs other than directional, informational, window, political and government signs shall be included.

5.97 Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or the space between such floor and the ceiling next above it.

5.98 Structure means 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.

5.99 Temporary sign means a sign which is not permanently installed, such as an advertising display.

5.100 Townhouse means single-family attached units in structures housing three or more dwelling units contiguous to each other, only by the share of one common wall and each dwelling unit having separate and individual front and rear entrances.

5.101 Use means the purpose for which land or buildings on the land are designed, arranged or intended to be occupied or used, or for which they are occupied or maintained.

5.102 "V" sign means a commercial sign consisting of two essentially equal faces, positioned at an angle extending less than 90 degrees which are essentially connected (maximum eight-foot separation at closest point).

5.103 Variance means the waiving of specific literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances



unique to the individual property under consideration. Variances are to be granted only when it is demonstrated that a waiving of the provision will be in keeping with the spirit and intent of this chapter. Furthermore, hardship must be demonstrated on a noneconomic basis.

5.104 Wall sign means a commercial sign painted on the outside of a building, or attached to and erected parallel to the face of a building and supported throughout its length by such building.

5.105 Window sign means a sign painted, stenciled or affixed on a window or door, which is visible from a right-of-way.

5.106 Wetland means a surface water feature classified as a wetland by, and regulated through the Minnesota Wetland Conservation Act, Minn. Stats. § 103F.612 et seq.

5.107 Yard means an open space on a lot which is unoccupied and unobstructed from its lowest elevation to the sky. A yard extends along a lot line at right angles to such lot lines to a depth or width specified in the yard regulations for the zoning district in which such lot is located.

5.108 Yard, front, means a yard extending across the front of the lot between the side lot lines and lying between the front line of the lot and the nearest line of the building.

5.109 Yard, rear, means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.

5.110 Yard, side, means a yard between the side line of the lot and the nearest line of the building and extending from the front yard of the lot to the rear yard.

5.111 Zoning administrator means the person authorized by the city council to administer and enforce this chapter.

5.112 Zoning districts means the areas of the city designated for specific uses with specific requirements for use or development.

5.113 Zoning map means the map incorporated into this chapter as a part of this chapter designating the zoning districts.

6 Application time frames

6.1 Notwithstanding any statute or law to the contrary, the city planning commission and city council shall, in the case of recommendations for conditional use permits, zoning ordinance amendments, preliminary plats, preliminary CIC plats or any other action required by the planning commission or city council, approve or deny an application within 60 days of the receipt of a completed application. For purposes of this section, a complete application shall



include all necessary documentation as required by ordinance, a completed application form and the payment of the appropriate fees.

6.2 The time frame may be extended if:

6.2.1 A state or federal law or court order requires a process to occur prior to the city review of the application or if the federal or state law or court order make it impossible to act within 60 days;

6.2.2 The city provides written notice within 60 days to the applicant that states the reasons for the extension and the anticipated length of the extension, not to exceed an additional 60 days; or

6.2.3 The applicant consents in writing to a longer period of time.

6.3 Failure to act on the completed application within the prescribed time frame shall constitute approval of the request.

6.4 The applicant may grant an extension beyond the allowed time frame.

7 Conditional use permits.

7.1 Purpose. The purpose of this section is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare and public safety.

7.2 Application. Applications for conditional use permits shall be made to the zoning administrator, together with required fees. The application shall be accompanied by a site plan showing such information as is necessary to show compliance with this chapter, including but not limited to:

7.2.1 Description of site (legal description);

7.2.2 Site plan drawn to scale showing parcel and building dimensions;

7.2.3 Location of all buildings and their square footage;

7.2.4 Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks;

7.2.5 Landscaping and screening plans;

7.2.6 Drainage plan;

7.2.7 Sanitary sewer and water plan with estimated use per day;



7.2.8 Soil types; and

7.2.9 Any additional written or graphic data reasonably required by the zoning administrator or the planning commission.

7.3 Procedure.

7.3.1 The zoning administrator shall review the application forms and attachments for compliance with this article and shall determine whether or not a complete application has been submitted. Once all of the necessary information has been received, the zoning administrator shall schedule a public hearing for the application at the next available planning commission meeting.

7.3.2 Notice of such hearing shall be published in accordance with state law and notice shall be published at least once in the official paper of the city and mailed to individual properties within 350 feet of the parcel included in the request not less than ten days nor more than 30 days prior to the date of the hearing. Failure of a property owner to receive the notice shall not invalidate any such proceedings.

7.3.3 The planning commission shall consider possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce any adverse effects and shall make a recommendation to the city council within the prescribed time frame.

7.3.4 Upon receiving the report and recommendation from the planning commission, the city council shall review the application and the findings of fact made by the planning commission and shall make a determination on the application within the prescribed time frame. Approval of a conditional use shall require passage by a four-fifths vote of the full city council.

7.3.5 The city may impose conditions of approval that exceed the minimum requirements of this chapter in order to protect the health, safety and welfare of the community.

7.4 Standards; criteria. No conditional use permit shall be approved by the planning commission unless the commission shall find that:

7.4.1 The use, with conditions, will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

7.4.2 The establishment of the conditional use, with conditions, will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area.

7.4.3 Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.



7.4.4 Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

7.4.5 Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

7.4.6 Proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use.

7.4.7 The proposed use is in compliance with the comprehensive plan adopted by the city.

7.5 Recording. A certified copy of any conditional use permit shall be filed with the county recorder. The conditional use permit shall include the legal description of the property involved.

7.5.1 Fees. To defray administrative costs of processing requests for conditional use permits, a fee as set by resolution of the city council shall be paid by the applicant at the time the application is requested. The city shall also be reimbursed for any additional costs associated with review of a proposal as set by the city council.

7.6 Compliance. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of such permits and of any conditions designated in connection.

7.7 Lapse of conditional use permit by nonuse. Whenever within one year after granting the conditional use the work permitted has not been started, such permit shall become null and void unless a petition for an extension has been approved by the city council. If the permit becomes null and void, a new conditional use permit application review will be required.

8 Amendments; rezoning.

8.1 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 chapter. Any person or his expressed agent owning real estate within the city may initiate a request to amend the text or district boundaries of this chapter so as to affect the real estate.

8.2 Procedure.

8.2.1 A request plus copies of detailed written and graphic materials fully explaining the proposal for an amendment to this chapter shall be filed with the city council and shall be accompanied by a fee in an amount set by resolution of the city council. This fee shall be nonrefundable.



8.2.2 The city clerk or zoning administrator shall schedule a public hearing for the requested zoning amendment for the next available planning commission meeting.

8.2.3 If the request for amendment to this chapter (including rezoning of private

property) is requested by a resident, property owner or persons with a legal interest in a parcel of land, the city shall complete the review and take action on the application within the prescribed time frames outlined in state statutes and this chapter. If the city council or planning commission initiates the request, the time frames may be extended.

8.2.4 Notice of such hearing shall be published in conformance with the state

law of individual notices. If it is a district change request, it shall be mailed not less than ten days nor more than 30 days prior to the hearing to all owners of property, according to the assessment records, within 350 feet of the parcel included in the request. Such notice shall also be published in the official paper of the city within these time periods. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter.

8.2.5 The council shall, upon receiving no report from the planning commission,

place such request on the agenda of its next regular meeting and decide the issue within the prescribed time frame, or upon receiving the reports and recommendations of the planning commission, the city council shall place the amendment request on the agenda of the next regular meeting and decide the issue within 30 days. These reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.

8.2.6 The city council shall have the option to set and hold a public hearing if

deemed necessary for reaching a decision.

8.2.7 Amendment of this chapter shall be by a four-fifths vote of the full city council.

8.2.8 The zoning administrator shall notify the originator of the amendment

request of the council's decision in writing. 9 Variance; appeals.

9.1 Appeals. The city council shall be the planning commission and shall act upon any and all of the following items:

9.1.1 The city council shall act as an appeal authority on all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and shall hear and make recommendation on appeals from and review any order, requirement, decision or determination made by an administrative official charged with enforcing this chapter. Such appeal may be taken by any person aggrieved or by any officer, department board or commission of the city. The recommendations on appeals are forwarded to the city council for approval or denial at their next available council



meeting.

9.1.2 The city council shall conduct hearings on a request for a variance to the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow or shallow lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other uses except as specifically described. The council shall have the authority to grant or deny any such variance request by a majority vote of the council.

9.1.3 The city council’s decisions shall be final except on appeal to the district

court.

9.2 Variances. No variance in the provisions or requirements of this chapter shall be authorized by the city council unless it finds evidence that all the following facts and conditions exist:

9.2.1 That the strict enforcement of the provisions of this chapter creates an undue hardship to the property owner (undue hardship shall mean that the subject property cannot be put to reasonable use under the terms and conditions of this chapter);

9.2.2 The granting of the variance is in keeping with the spirit and intent of this chapter;

9.2.3 The plight of the property owner is due to circumstances unique to the

property and not caused by the property owner;

9.2.4 The terms and conditions of the variance protect the essential character of the neighborhood and that the variance with conditions will not be detrimental to the health, safety and welfare of the public;

9.2.5 The variance is based on findings of fact other than economic

considerations; and

9.2.6 The variance is for a land use that is allowed under the terms of this chapter.

In granting a variance, the city may impose conditions to ensure compliance and to

protect the health, safety and welfare of adjacent properties and the community.

9.3 Procedure.

9.3.1 The zoning administrator shall review the application forms and

attachments for compliance with this chapter and shall determine whether or not a complete application has been submitted. Once all of the necessary information has been received, the zoning administrator shall schedule a public hearing for the application at



the next available city council meeting.

9.3.2 Notice of such hearing shall be published in accordance with state law and notice shall be published at least once in the official paper of the city and mailed to individual properties within 350 feet of the parcel included in the request not less than ten days or more than 30 days prior to the date of the hearing. Failure of a property owner to receive the notice shall not invalidate any such proceedings.

9.3.3 The city council shall consider the application and review based on the

criteria of this section, and shall make a decision on the application for a variance within the prescribed time frame.

9.3.4 The city council may impose conditions of approval that exceed the

minimum requirements of this chapter in order to protect the health, safety and welfare of the city.

9.3.5 The granting of a variance of this chapter shall be by four-fifths vote of the

full city council.

9.3.6 Within the prescribed time after the hearing, the city council shall make its order deciding the matter and serve a copy of such order upon the appellant or the petitioner by mail.

9.4 Lapse of variance. If within one year after granting a variance the work permitted is

not started, such a variance shall become null and void unless a petition for an extension has been approved by the city council. 10 Environmental documents.

10.1 Intent. It is the intent of this section to implement the environmental review

procedures to follow the provisions of Minn. Stats. ch. 116D, relating to the environmental review program, and any rules adopted under that chapter by the state environmental quality board. All terms used in this section shall have the same meaning as the terms used in Minn. Stats. ch. 116D. The provisions of the rules for the environmental review program are adopted and are on file in the zoning administrator's office.

10.2 Cost of preparation and review.

10.2.1 The applicant for a permit for any action for which environmental

documents are required either by state law or rules or by the city council shall supply all unprivileged data or information reasonably requested by the city that the applicant has in his possession or to which he has reasonable access.

10.2.2 The applicant for a permit for any action for which an environmental assessment worksheet (EAW) is required either by state law or rules or by the city council shall pay all costs of preparation and review of the EAW and, upon the request of



and in the manner prescribed by the city, shall provide all necessary data and research to prepare a draft EAW.

10.2.3 The city and the applicant for a permit for any action for which an

environmental impact statement (EIS) is required shall comply with the provisions of the rules governing assessment of cost for environmental impact statements, one copy of which is on file in the office of the zoning administrator, unless the applicant and the city council provide otherwise by a written agreement.

10.2.4 No permit for an action for which an EAW or an EIS is required shall be

issued until all costs of preparation and review which are to be paid by the applicant are paid, and all information required is supplied, and until the environmental review process has been completed as provided in this chapter and the rules adopted by reference by this chapter, and pursuant to any written agreement entered into by the applicant for the permit or permits and the city council.

10.2.5 The applicant for a permit for any action for which an EAW or EIS is

required and the city council may, in writing, agree as to a different division of the costs of preparation and review of any EAW or EIS.

10.3 Administration.

10.3.1 The zoning administrator shall be the person responsible for the administration of the environmental review program, this section, and rules adopted by reference by this section.

10.3.2 The zoning administrator shall be responsible for determining whether an action for which a permit is required is an action for which an EAW is mandatory. The zoning administrator shall also determine those proposed actions for which an optional EAW may be required under the provisions of this chapter and shall notify the planning commission and the city council of these proposed actions.

10.3.3 All EAWs and EISs shall be prepared under the supervision of the zoning

administrator, reviewed by the planning commission and reviewed and approved by the city council.

10.3.4 When reviewing an EAW or EIS, the zoning administrator and the

planning commission may suggest design alterations which would lessen the environmental impact of the action. The city council may require these design alterations to be made as a condition for issuing the permit when it finds that the design alterations are necessary to lessen the environmental impact of the action.

10.3.5 After an EAW is prepared, the planning commission shall review the

EAW and recommend to the city council whether or not it should require the preparation of an EIS. The city council shall require an EIS when it finds under state rules that an action is major and has potential for significant environmental effects.



10.4 Discretionary or optional EAW. The planning commission may, upon

recommendation by the zoning administrator, require that an optional EAW be prepared on any proposed action if the action may be a major action and appears to have the potential for significant environmental effects. The following guidelines shall also be considered in determining whether an optional EAW shall be required:

10.4.1 Is the action to be in or near an area that is considered to be environmentally sensitive or aesthetically pleasing?

10.4.2 Is the action likely to have disruptive effects such as generating traffic and noise?

10.4.3 Are there public questions or controversy concerning the environmental

effects of the proposed actions?

10.4.4 A four-fifths vote of the controlling authority shall be required to order a

discretionary EAW.

10.4.5 Enforcement. No permit shall be issued for a project for which environmental documents are required until the entire environmental review procedures established by this chapter are completed. No work shall commence and any work in progress on any project for which environmental documents are required shall cease until the environmental review procedures established by this chapter are fully complied with.

11 Building permits; certificate of occupancy.

11.1 Building permits required. No building or structure shall be erected or moved or construction on an existing structure shall be started until a lawful building permit has been issued by the zoning administrator or the designated representative. Fees for all building permits shall be established by the city council in accordance with the state building code as adopted by the city.

11.2 Certificate of occupancy. No building or structure shall be occupied or used in whole or in part until a certificate of occupancy is issued stating that the building or structure complies with the provisions of this chapter. The certificate of occupancy shall be issued upon conducting a final inspection finding the building or structure satisfactory.

12 Enforcement; violations; penalties.

12.1 Enforcement. This chapter shall be administered and enforced by the city council or its authorized representative. The zoning administrator may institute appropriate action for any violations of this chapter at the direction of the city council and through the city attorney as deemed necessary.

12.2 Violations and penalties. Any person who shall violate any of the provisions of this



chapter or who shall fail to comply with any of the provisions of this chapter or who shall make any false statement in any document required to be submitted under the provisions of this chapter shall be guilty of a misdemeanor.

12.3 Equitable relief. In the event of a threatened violation of any provision of this chapter or the conditions of any permit issued pursuant to this chapter, the city, in addition to other remedies, may act or institute action to prevent, restrain, correct or abate such violation or threatened violation.

12.4 Attorney's fees and costs. In all cases where the city is enforcing compliance with this chapter and the enforcement does not involve criminal prosecution, the offending party shall be required to reimburse the city for the city attorney's fees and costs associated with enforcing the offending party's compliance with this chapter.

DISTRICTS

13 Establishment of districts. The following district classifications are established within the city:

13.1 R-1 single- and two-family residential district.

13.2 R-2 multiple-family residential district.

13.3 R-3 manufactured home residential district.

13.4 B-1 central business district.

13.5 B-2 highway commercial district.

13.6 I industrial district.

13.7 P public/parks and recreation district.

13.8 Shoreland and floodplain overlay district. 14 Zoning district application.

14.1 The boundaries of the districts enumerated in this division are established and adopted as shown upon the map on file in the office of the zoning administrator, designated "The Official Zoning Map of the City of Crosby, Minnesota," and as subsequently amended and bearing the signatures of the mayor and city clerk, which map with all notations, references, data and other information shown on the map is made part of this chapter as if fully set forth in this section.

14.2 All land which may hereafter become a part of the city through annexation shall be automatically classified in the R-1 single- and two-family residential district until otherwise



changed by amendment procedure as prescribed by sections 6 – 12.

15 Zoning district boundaries. The boundaries of districts are the centerlines of streets, the centerlines of alleys, the rear lot lines where there are no alleys, the side lines of recorded lots, or designated distances where land is unplatted.

16 Uses not provided for within zoning districts. Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case the city council, the planning commission, or a property owner may request a study by the city 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 and/or planning commission upon receipt of the staff study may, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration or may find that the use is not compatible for development within the city.

17 Lot standards chart. The following chart shows lot size and dimension standards:

CITY OF CROSBY LOT SIZE, DIMENSION STANDARDS

R-1 R-2 R-3

Shoreland Overlay

B-1 CBD

B-2 Highway

I Public

Lot Size

Single-Family

5,000 s.f.

5,000 s.f.

5,000 s.f.

N/A N/A N/A N/A

Duplex 10,000 s.f.

7,500 s.f.

Triplex 7,500 s.f.

Quad 10,000 s.f.

Each Additional 1/2,500 s.f.

Unsewered 20,000 s.f.

Sewered (Riparian)

15,000 s.f.

Sewered (Non-Riparian)

10,000 s.f.

Lot Width N/A 100 feet

100 feet

N/A

Single-Family 50



feet

Duplex 100 feet

Triplex 100 feet

Quad 125 feet

Unsewered 100 feet

Sewered (Riparian)

75 feet

Sewered (Non-Riparian)

75 feet

Structure Setbacks

Front 20 feet

20 feet

25 feet

0 feet 25 feet

25 feet

25 feet

Side 5 ft. and 8 ft.

5 ft. and 8 ft.

10 feet

0 feet 10 feet

10 feet

10 feet

Rear 20 feet

20 feet

20 feet

0 feet 20 feet

20 feet

20 feet

Lakeshore Unsewered

75 feet

Lakeshore Sewered (Riparian)

50 feet

Impervious Coverage (Percent)

30 40 50 30 100 50 50 20

Building Height 35 feet

45 feet

20 feet

35 feet

45 feet

35 feet

35 feet

25 feet

Accessory Building Height

15 feet

15 feet

15 feet

25 feet

25 feet

25 feet

25 feet

15 feet

Accessory Building Setbacks

See section 52.



18 Land use categories chart.

P Denotes permitted use

C Denotes Conditionally permitted use

Blank Denotes prohibited use

The following chart shows the land use categories:

CITY OF CROSBY LAND USE CLASSIFICATION CHART

District

Use R-1 R-2 R-3 B-1 CBD

B-2 High

I P

Accessory Structures

P P P C P P P

Agriculture (other than keeping of animals)

P C C C C C C

Automobile Repair (major)

C C P

Automobile Sales

C C C

Automobile Salvage Yard

C

Bed and Breakfast

C C C C C

Campgrounds C C C

Cemetery C

Church C C C C C

Clear Cutting P C C

Community Recreation Center

C C C C

Contractor Shop (i.e., plumber/electrician)

P P P

Controlled Access Lots

C C C C

Cutting, Select

P P P P P P P

Day Care Centers

P P P P P



Dirt Moving between 10 cu. yds. and 50 cu. yds. (shore impact zone)

P P P P P P P

Dirt Moving >50 cu. yds. (shore impact zone)

C C C C C C C

Dirt Moving >50 cu. yds. (shoreland nonimpact zone)

P P P P P P P

Dirt Moving >50 cu. yds. (nonshoreland)

P P P P P P P

Drive-in Restaurant

C C

Dwelling, Duplex

P P C P

Dwelling, Manufactured Housing

C C P C

Dwelling, Multifamily

C C C

Dwelling, Single-Family

P P C P C

Dwelling, Triplex or Quad

P C

Extractive Use (mining)

C C

Gas Stations (with minor repairs)

C C P

Golf Course (including accessory uses)

C C C C

Government Buildings

C C P

Historical Sites/Building

P P P P P P



s

Home Occupation

C C C C C

Hotel/Motel C P

Impervious Coverage >30% in Shoreland

C C

Laundromat P P

Liquor, On-Sale

P C

Liquor, Off-Sale

P P

Long-Term Care Facility

C C C C

Lumberyard Warehouse/Sales

P

Manufactured Home Park

C

Manufacturing, Limited

P

Marinas C C C C

Medical Facilities

C C C C P

Nursing Home/Care Center

C C P

Outside Storage/Display of Goods (>2 months)

P P

Packaging/Warehouse

P

Parks, Active P

Parks, Passive P

Professional Office Building

P P P

PUD, Commercial

C C

PUD, Residential

C C C

Recycling Center

C C C

Restaurants/C P P



afes

Retail Stores P P

Small Engine Repair

P P P

Schools/Educational Buildings

C C C

Semipublic Use

C C C P P P P

Sewage/Water Treatment Facilities

P P

Sign, Area Identification

C C C C C C

Sign, Commercial Identification

P P P

Sign, Off-Site C C

Sign, Residential Identification

P P P

State Licensed Residential Facilities

C C C C

Theaters (indoor)

P P P

Vehicle Repair Shop (with major repairs)

C C P

Water-Oriented Accessory Structures

C C C

Welding Shop C C P

RESIDENTIAL ZONING DISTRICTS

19 R-1 single- and two-family residential district. It is the intent of the R-1 district to:

19.1 Permit the development of single-family and two-family dwellings in the community;

19.2 Provide reasonable standards for such development;



19.3 Avoid overcrowding;

19.4 Preserve the historic residential character of the existing residential neighborhoods; and

19.5 Prohibit the use of land which would be incompatible with or detrimental to the essential residential character of such district. 20 R-2 multiple-family residential district. It is the intent of the R-2 district to provide for single-family and multiple-family dwelling unit structures and directly related complimentary uses. 21 R-3 manufactured home residential district.

21.1 It is the intent of the R-3 district to:

21.1.1 Permit the development of manufactured home parks in the community;

21.1.2 Supplement applicable state laws pertaining to manufactured homes;

21.1.3 Provide reasonable standards for site development of such parks;

21.1.4 Avoid overcrowding;

21.1.5 Provide setbacks and other development standards which will make such developments more attractive, safe and pleasant to live in, and compatible with other land uses and developments in the community.

21.2 All statutes of the state pertaining to the regulation of manufactured homes and

manufactured home parks are adopted by reference and are declared to be an integral part of this chapter as if they were reproduced in their entirety; however, where standards of this chapter are higher or more restrictive than such statutes, this chapter shall govern.

22 Special residential provisions.

22.1 Manufactured home developments; special provisions.

22.1.1 Common open space. At least ten percent of the total site of a manufactured home park shall be reserved for common, usable open space, for the exclusive use of residents, and to be maintained by the proprietor or operator of the manufactured home park. Such open space and its improvements shall be completed before any manufactured home site is offered for occupancy.

22.1.2 Application. An application for a manufactured home park shall be accompanied by the same data, map and information required for other plats of subdivisions within the city.



22.1.3 Additional data. Any additional data required by the state board of health

for licensing of manufactured home parks shall also be submitted to the city planning commission prior to or concurrently with its submittal to the state board of health.

22.1.4 Landscaping. Landscaping is required as follows:

a. Each manufactured home park shall, in addition to maintaining a 20-foot landscaped strip around the perimeter of the property, also provide a 20-foot greenbelt separating the manufactured home park from arterials listed in the city's comprehensive plan and from any adjoining zoning district.

b. Each manufactured home site shall be provided with a tree no less than four inches in diameter at a six-foot height, and all unpaved areas shall be suitably sodded. The trees and sod will be provided by the developer.

22.1.5 Sales or storage prohibited. Sales or storage of manufactured homes shall be prohibited in a manufactured home park.

22.1.6 Width of paved streets. Paved private streets serving the manufactured home park shall be of sufficient width to provide for two lanes of traffic and for parking on each side of the street.

22.1.7 Anchoring. Each manufactured home site shall be provided with tiedown

or other acceptable method of anchoring the manufactured home.

22.1.8 Storm shelter designation. Each manufactured home park shall provide and designate one of its permanent buildings which is structurally suitable to serve as a storm shelter, which shall meet the requirements of Minn. Stats. ch. 327 and Minn. Rules ch. 4625, and shall be inspected by the city building inspector.

22.1.9 Skirting. Each manufactured home within a manufactured home park shall

be properly and completely skirted.

22.1.10 Shelters for refuse collection. Shelters for common refuse collection shall be provided by the developer. Distance from the refuse collection area for manufactured home park residents shall not exceed 150 feet.

22.1.11 Separation between units. There shall be a minimum 20 feet of

separation between each manufactured home within a manufactured home park.

22.2 Differences in setback requirements. If the residential setback requirements for an underlying zoning district differ from that of the shoreland or floodplain overlay district, the greater of the distances shall apply.



COMMERCIAL/INDUSTRIAL AND OTHER ZONING DISTRICTS

23 B-1 central business district. It is the intent of the B-1 district to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. The uses and structures within this district shall be designed for effective pedestrian movement. Efforts should be made by both the city and developers to protect the historic character of the downtown area. 24 B-2 highway commercial district. It is the intent of the B-2 district to provide for and limit the establishment of commercial and service activities which are oriented to automobile traffic, particularly tourists. 25 I Industrial district. It is the intent of the I district to provide for the establishment of industrial warehousing and manufacturing development. 26 P public and parks and recreation district. It is the intent to establish a public and parks zoning district that allows public facilities, parks and open spaces and other locations for public or semipublic uses. That part of the Cuyuna Range Recreation Area under public ownership shall be designated as public space. 27 Special commercial/industrial provisions.

27.1 Open-air display areas for the sale of manufactured products such as garden

furniture, hardware items, nursery stock or rental of manufactured products or equipment, including manufactured home sales lots, shall require a conditional use permit.

27.2 If the commercial setback requirements for an underlying zoning district differ from that of the shoreland or floodplain overlay district, the greater of the distances shall apply. Within the B-1 central business district, a zero-foot setback shall be allowed within the shoreland or floodplain overlay district.

SHORELAND AND FLOODPLAIN OVERLAY DISTRICT

28 Intent. The uncontrolled use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise development of shorelands and floodplain areas. The state legislature has delegated responsibility to the municipalities of the state to regulate the subdivision, use and development of the shorelands and floodplains and thus preserve and enhance the quality of surface waters, preserve the economic and natural values of shorelands and provide for the wise utilization of waters and related land resources. 29 Shoreland management classification.

29.1 In order to guide the wise development and utilization of shorelands of public

waters for the preservation of water quality, natural characteristics, economic values and the



general health, safety and welfare, all public waters in the city have been given a shoreland management classification.

29.2 The public waters of the city have been classified by the commissioner of natural resources as follows:

Natural environment lakes and streams: None identified within the city.

Recreational development lakes and streams:

None identified within the city.

General development lakes and streams: Serpent Lake. Serpent Creek.

30 Shoreland overlay district.

30.1 Intent. The shorelands of the city are designated as a shoreland overlay district. The purpose of the shoreland overlay district is to provide for the wide utilization of shoreland areas in order to preserve the quality and natural character of the public waters of the city.

30.2 Permitted uses. All permitted uses allowed and regulated by the applicable zoning district underlying this shoreland overlay district as indicated on the official zoning map of the city are permitted.

30.3 Conditional uses. All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying this shoreland overlay district as indicated on the official zoning map of the city are conditional uses. The department of natural resources must be notified of all conditional uses, amendments and variances ten days prior to the public hearing so they may comment. The department of natural resources must be notified of the final action taken.

30.4 Nonconforming septic systems. All sanitary facilities inconsistent with this chapter shall be brought into conformity or discontinued within five years from June of 1998.

30.5 General provisions. The standards in this division shall apply to shorelands of all public waters within the city. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth in this section, the more restrictive standards shall apply. 31 Shoreland alterations.

31.1 The removal of natural vegetation in shoreland areas shall be restricted to prevent erosion into public waters, to consume nutrients in the soil, and to preserve shoreland aesthetics. Removal of natural vegetation in the shoreland overlay district shall be subject to the following provisions:

31.1.1 Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings and other structures when viewed from the water.



31.1.2 Clear cutting of natural vegetation shall be prohibited.

31.1.3 Within a reasonable amount of time, natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface runoff and soil erosion.

31.1.4 The provisions of this section shall not apply to permitted uses which

normally require the removal of natural vegetation.

31.2 Grading and filling in shoreland areas (within 1,000 feet of the OHW of public waters) or any alterations of the natural topography where the slope of the land is toward a public water or a watercourse leading to public water may be allowed based on the following chart:

CROSBY SHORELAND DIRT-MOVING CHART

Type and Amount of Dirt Moving Review Process

Movement of less than 10 cubic yards within the shore impact zone

Allowed, No Permit

Movement of between 10 cubic yards and 50 cubic yards of dirt within the shore impact zone

Permit Required

Movement of more than 50 cubic yards of dirt within the shore impact zone

Conditional Use Permit

Movement of more than 50 cubic yards of dirt in shorelands but outside of shore impact zone

Permit Required

Movement of less than 50 cubic yards of dirt in shorelands but outside of shore impact zone

Allowed, No Permit

The permit may be granted subject to the conditions that:

31.2.1 The smallest amount of bare ground is exposed for as short a time as feasible;

31.2.2 Within a reasonable amount of time, temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted;

31.2.3 Methods to prevent erosion and trap sediment are employed such as silt

fences or staked hay bales; and

31.2.4 Fill is stabilized to accepted engineering standards.

31.3 Excavations on shorelands where the intended purpose is connection to public



waters shall require a permit from the zoning administrator before construction can begin. Such permit may be obtained only after the commissioner of natural resources has issued a permit for work in the beds of public waters.

31.4 The following exceptions to the permitting requirements listed in this section shall apply to the shoreland areas:

31.4.1 Excavation for basements associated with permitted construction activities, subject to review and approval of the city building official.

31.4.2 Filling associated with driveways not within the shore impact zones or within floodplains.

31.4.3 Placement of topsoil for yards or gardens not exceeding 12 inches of

materials. 32 Floodplain provisions.

32.1 These floodplain provisions are provided for the protection and preservation of water channels and adjoining floodplains which are reasonably required to carry the discharge of floodwaters and are provided in accordance with the requirements of state law. This section does not imply that areas outside the boundaries of these provisions are not subject to flooding and shall not create liability on the part of the city for any flood damages which result from reliance on this chapter or any administrative decision lawfully made under this chapter.

32.2 These floodplain provisions shall be applied to and superimposed in conjunction with the shoreland standards and those areas indicated on the official zoning map shall be subject to these provisions.

32.3 The area within the floodplain is divided into floodway and flood fringe. A floodway includes the channel and a ten-foot landward strip on both sides of Serpent Creek. A flood fringe includes the area outside of the floodway, but subject to inundation by the regional flood.

32.4 Uses having a low flood damage potential and not obstructing flood flows shall be permitted within the floodway area to the extent that they are not prohibited by any other ordinance and are allowed within the residential, commercial or industrial district which jointly applies, and provided they do not require structure, fill or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels, or floodway of any tributary to the main stream, drainage ditch or any other drainage facility or system. Permitted uses are limited to the following:

32.4.1 Residential: lawns, gardens, parking areas and play areas.

32.4.2 Industrial-commercial: loading areas and parking areas.



32.4.3 Public and private recreational uses.

No residential structures shall be allowed within the floodway.

32.5 In the enforcement of these provisions, the city may request the department of natural resources to make any appropriate determinations relative to any proposed development. The city, in its own discretion, may use these determinations in deciding whether or not to allow a requested use within any floodplain area.

MINERAL EXTRACTIONS

33 Intent. The city finds that the extraction of minerals by underground and/or surface mining is a basic and essential activity making an important contribution to the economic well-being of the city. The economical availability of iron ore, sand, gravel, rock, soil and other materials is vital to their continued growth. The city further finds that it is not practicable to extract minerals required by society without disturbing the surface of the earth and producing waste materials. The danger exists that no compatible land uses could unnecessarily deny the benefit of these materials to society in the future. It is further found that the character of mining may create undesirable land and water conditions which can be detrimental to the health, safety and welfare and property rights of the citizens of the community. However, if properly regulated and if rehabilitation of surface mined lands is required, mining can take place within the city in such a manner that undesirable side effects of the operation may be restricted to an acceptable level. 34 Mineral extraction permit.

34.1 Except as provided in this division, it shall be unlawful for any operator to engage

in the extraction of minerals without having first obtained a conditional use permit from the city authorizing the work as regulated further by this division.

34.2 The permit requirements established by this division shall not apply to emergency work necessary to preserve life or property. When emergency work is performed under this section, the operator performing it shall report the pertinent facts relating to the work to the zoning administrator prior to the commencement of the extraction. The zoning administrator shall review the facts and determine whether an emergency exists and shall by written memorandum authorize commencement of the emergency exception. An operator commencing emergency work shall within ten days following the commencement of that activity, apply for the issuance of an extraction permit and on its issuance may be required to perform such work as determined to be reasonably necessary to correct any environmental impairment occasioned by such work.

34.3 Operators now conducting operations governed by this division and for which this division requires a permit may continue such operations, but within 60 days of the effective date of the ordinance from which this division derives shall make application for a permit. Failure to apply for a permit shall be a violation of this division; however, on request and for cause, the city



council may extend the time for the initial application to 90 days.

34.4 An application for a mineral extraction permit shall contain:

34.4.1 The name and address of the operator and owner of the land.

34.4.2 The correct legal description of the property where the extraction is proposed to occur.

34.4.3 The names of all land owners owning property within one-half mile of the

boundary of the property described previously.

34.4.4 Specification of the following, using appropriate maps, photographs and surveys:

a. The physical relationship of the proposed mining area to the community and existing community development;

b. Site topography and natural features, including location of watercourses

and water bodies within the planned mining area; c. The quality and quantity of minerals to be excavated; d. The depth of water tables throughout the planned mining area; and e. The average thickness of overburden in the area.

34.4.5 The purpose of the operation.

34.4.6 The estimated time required to complete the operation.

34.4.7 The plan of operation, including processing (any operation other than direct mining and removal), nature of the processing and equipment, location of the plant, source of water, disposal of water and reuse of water.

34.4.8 Travel routes to and from the site.

34.4.9 The plans for drainage, wind and water erosion control sedimentation and

dust control.

34.4.10 The rehabilitation plan providing for the orderly and continuing rehabilitation of all excavated land. Such plan shall illustrate, using appropriate photographs, maps and surveys, the following:

a. The contour of land prior to excavation, after completion of excavation, and after completion of rehabilitation;



b. Those areas of the site currently used for storage of topsoil and overburden; c. A schedule setting forth the timetable for excavation and rehabilitation of land lying within the excavation facility; and d. The depth of all water bodies, the slope of all slopes after rehabilitation, and a description of the type and quantity of plantings where revegetation is to be conducted. (e) A permit shall be issued for a period of five years and shall be renewable for three-year periods thereafter. (f) The mineral extraction permit may be terminated for violation of this division or any conditions of the permit. No permit shall be terminated until notification of violation or other cause for termination has been served upon the operator along with an order that the condition be remedied. The operator shall have 30 days within which to remedy the condition. No permit may be terminated until the city council has held a public hearing to determine whether the permit should be terminated, at which time the operator shall be afforded an opportunity to contest the termination. (g) It shall be unlawful to conduct mineral extraction after a permit has been terminated pursuant to this section. (h) Requests for renewal of the permit shall be made 60 days prior to the expiration date. If application for renewal is not made within the required time, all operations shall be terminated; and the reinstatement of the permit may be granted only upon compliance with the procedures set forth in this division for an original application. (i) An extraction permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this division when such conditions are reasonable and necessary to ensure compliance with the requirements and purpose of this division. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters, limit the size, kind or character of the proposed operation; require the construction of structures; require the staging of extraction over time; require the alteration of the site design to ensure compliance with the standards; and/or require the provision of a performance bond by the operator to ensure compliance with this division. Neither the issuance of a permit nor compliance with its conditions nor with the provisions of this division shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property, nor shall the issuance of any permit serve to impose any liability on the city, its officers or employees, for any injury or damage to persons or property. A permit issued



pursuant to this division does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance or regulation.

35 Standards.

35.1 Size. An extraction site under this division shall consist of at least ten acres unless contiguous to existing permitted mining operation.

35.2 Distance. Operation shall not be conducted within:

35.2.1 Fifty feet of an existing street or highway.

35.2.2 Thirty feet of the right-of-way of an existing public utility.

35.2.3 Fifty feet of the boundary of any zone where such operations are not permitted.

35.2.4 Thirty feet of the boundary of an adjoining property not in mining use.

35.3 Fencing. During operations, any area where collections of water are 1.5 feet in

depth or more or where excavation slopes are steeper than one foot vertical to 1.5 feet horizontal and any other areas where an obvious danger to the public exists shall be fenced when such a situation has existed or will exist for a period of five working days or longer.

35.4 Appearance and screening.

35.4.1 Machinery shall be kept in good repair and painted regularly.

35.4.2 Abandoned machinery and rubbish shall be removed from the site regularly.

35.4.3 All structures that have not been used for a period of one year shall be

removed from the site.

35.4.4 All equipment and temporary structures shall be removed and dismantled not later than six months after termination of mining operation or expiration of this permit.

35.4.5 Where practical, stockpiles of overburden and materials shall be used to

screen the mining site.

35.4.6 Where practical, the perimeter of the mining site shall be planted or otherwise screened.

35.4.7 Existing tree and ground cover shall be preserved to the extent feasible,



maintained and supplemented by selective cutting, transplanting and replanting of trees, shrubs and other ground cover along all setback areas.

35.5 Operating standards.

35.5.1 Noise. The maximum noise level at the perimeter of the site shall be within the limits set by the state pollution control agency and the Environmental Protection Agency of the United States.

35.5.2 Explosives. The use and handling of explosives shall be coordinated with the police department. Blasting shall occur only at hours specified in the permit and at no other time.

35.5.3 Dust. Operators shall utilize all practical means to reduce the amount of

dust caused by the operation. In no case shall the amount of dust or other particulate matter exceed the standards established by the state pollution control agency.

35.5.4 Water pollution. Operators shall comply with all applicable state pollution

control agency regulations and federal and environmental protection agency regulations for the protection of water quality. No waste products or process residue, including untreated wash water, shall be deposited in any lake, stream or natural drainage system, except that lakes or ponds wholly contained within the extraction site may be so utilized.

35.5.5 Topsoil preservation. All topsoil shall be retained at the site until complete

rehabilitation of the site has taken place according to the rehabilitation plan.

35.6 Rehabilitation standards.

35.6.1 Generally. Rehabilitation shall be a continuing operation occurring as quickly as possible after the mining operation has moved sufficiently into another part of the excavation site.

35.6.2 Slopes. All banks and slopes shall be left in accordance with the rehabilitation plan submitted with the permit application. No rehabilitation slopes shall be steeper than four feet horizontal to one foot vertical, except that steeper slopes may be permitted in accordance with the rehabilitation plan when the slopes are planned for slope-related usages, for example, ski and sliding hills.

35.6.3 Cover and planting. Slopes and graded and backfilled areas shall be

surfaced with at least three inches of topsoil and planted with ground cover sufficient to hold the soil. Such ground cover shall be tended as necessary until it is self-sustained.

35.6.4 Slopes to water bodies. No slope descending to a water body shall exceed

one foot vertical to four feet horizontal, except that steeper slopes may be permitted in accordance with the rehabilitation plan when human or property safety is not endangered.



35.6.5 Water bodies. All water areas resulting from excavation shall be rehabilitated as follows:

a. The bottom contour must be gradually sloping from the shoreline to the deepest portion.

b. The water depth in the deepest portions must not be less than five feet measured from the low water mark.

35.6.6 Final elevation. No part of the rehabilitated area which is planned for utilization for uses other than open space or agriculture shall be at an elevation lower than the minimum required for gravity connection to sanitary and storm sewer.

36 Fees and bond.

36.1 Fees. A schedule of fees for the examination and approval of applications for mineral extraction permits and the inspection of mineral extraction operations for compliance with conditions of this division and the permit shall be determined by resolution of the city council, which may from time to time change such schedule. Prior to approval and issuance or renewal of any mineral extraction permit, such fees shall be paid to the city and be deposited to the credit of the general fund.

36.2 Performance bond.

36.2.1 Prior to the approval and issuance of any mineral extraction permit, there should be executed by the operator and submitted to the city an agreement to construct such required improvements, to dedicate such property or easements, and to comply with such conditions as may have been agreed to. Such agreements shall be accompanied by bond with surety or condition acceptable to the city council in the amount of the established costs of complying with the agreement.

36.2.2 The agreement bond shall be provided for guaranteeing completion and compliance with the conditions set forth in the permit within the time to be approved by the city council.

36.2.3 The adequacy, conditions and acceptability of any bond under this section

shall be determined by the zoning administrator or any official of the city as may be designated by resolution of the council.

PLANNED UNIT DEVELOPMENTS

37 Intent. The purpose of this division is to provide for the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This division is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. It is further intended that planned unit



developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance or open space and other similar facilities, and a harmonious selection and efficient distribution of uses. These regulations are not intended as subdivision regulations and should not be confused as such. 38 Procedures and requirements for establishment of a planned unit development.

38.1 Generally. An application for a conditional use permit shall be filed and processed based upon procedures established by sections 6 -12.

38.2 Development plan. The conditional use permit application shall be accompanied by a development plan, drawn to scale of not more than 50 feet per inch, showing the following:

38.2.1 The entire outline, overall dimensions and area of the tract described in the application.

38.2.2 The use, zoning and ownership of all adjacent properties within 100 feet of the tract boundaries, including the location of all structures and the right-of-way width and traveled width of all adjacent public roadways.

38.2.3 The existing and proposed topography of the tract with contour intervals

not greater than five feet.

38.2.4 The location, general exterior dimensions and approximate gross floor areas of all proposed buildings.

38.2.5 The type of each use proposed to occupy each building and the

approximate amount of building area devoted to each separate use.

38.2.6 The proposed location, arrangement and number of automobile parking stalls.

38.2.7 The proposed location, arrangement and general dimensions of all truck

loading facilities.

38.2.8 The location and dimensions of all vehicular entrances, exits and driveways and their relationship to all existing or proposed public streets.

38.2.9 The location and dimensions of pedestrian entrances, exits and walks.

38.2.10 The general drainage system.

38.2.11 The location and dimensions of all walls, fences and plantings

designed to screen the proposed district from adjacent uses.

38.2.12 The types of all ground covers.



38.2.13 Standards for exterior finish, exterior lighting, location and type of

exterior signs, architectural style, and any other variables which will be controlled in the design of buildings in the development area.

38.2.14 The applicant shall submit a proposed schedule of construction. If

the construction of the proposed planned unit development is to be in stages, the components contained in each stage must be clearly delineated. The development schedule shall indicate the starting date and the completion date of the complete development plan.

39 Property control.

39.1 In order that the purposes of this division may be achieved, the property shall be in

single ownership or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this chapter.

39.2 Prior to the use or occupancy or sale of the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the city to be made prior to the filings of declaration or document or floor plans with the recording officers of the county.

39.3 Approval of the city shall be secured as to the documents described in subsection 40.2.

39.4 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 such properties to the terms of the declaration.

39.5 The declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of the association or corporation, which shall maintain all properties and common areas in good repair and which shall assess individual property owner's 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 effective private control.

39.6 The declaration shall additionally, among other things, provide that if the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and if the city incurs any expenses in enforcing its rules and regulations, which expenses are not immediately reimbursed by the association or corporation, the city shall have the right to assess each property its pro rata share of expenses. Such assessments, together with interest and costs of collection, shall be a lien on each property against which each such assessment is made; and, in



addition, each such assessment, together with such interest and such costs of collection, shall also be a personal obligation of the person who was the owner of such property at the time the assessment became payable.

39.7 It is the intent of this division to require subdivision of property simultaneous with application for conditional use. The subdivision and/or platting of land as planned unit development shall be subject to the requirements for approval and recording with the county recorder as have been established by the city. 40 General development provisions.

40.1 Yards.

40.1.1 The front and side yard restrictions at the periphery of the planned unit

development site at a minimum shall be the same as imposed in the respective districts.

40.1.2 No building shall be located less than 25 feet from the back of the right-of-way line along those platted roadways.

40.2 Roadways.

40.2.1 Private roadways within the project shall have an improved surface to 20

feet or more in width and shall be so designed as to permit city fire trucks to provide protection to each building.

40.2.2 No portion of the required 20-foot road system may be used in calculating required off-street parking space.

40.3 Utility connection.

40.3.1 Water connections. Where more than one property is served from the same

service line, a shutoff valve must be located in such a way that each unit's service may be shut off by the city, in addition to the normally supplied shutoff at the street.

40.3.2 Sewer connections. Where more than one unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provisions 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.

40.4 Building types. In addition to the conventional type of construction and

arrangements of building, structure uses and property as allowed by this division, it shall be permissible to cluster, adjoin and attach structures in a row house, townhouse, patio home or similar style of development within the planned unit development.

40.5 Density increases. The number of residential units or structures within the planned unit development may be increased under provisions within this section if the city council finds



that the project meets the criteria established for granting conditional use permits and if the amount of permanent open space within the project area is at least 25 percent of the project area. As a consequence of all planned unit developments' planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased by 25 percent. The building, parking and similar requirements for these extra units shall be observed in compliance with this chapter.

40.6 Subdivision and ownership. It shall be permissible within a planned unit development to subdivide properties into lesser size parcels for individual ownership and create common open space areas in undivided proportions under joint ownerships. Such ownership arrangements are commonly defined as condominium and/or cooperative developments. The joint area of the project must conform to the minimum area requirements established for the respective district classification which jointly applies to the property.

40.7 Minimum project size.

40.7.1 Within residential districts, a planned unit development shall not be applied to a parcel of land containing less than one acre.

40.7.2 Within a commercial or industrial district, a planned unit development shall not be applied to a parcel of land containing less than two acres.

40.8 Public services. The proposed project shall be served by the city water and sewer

system if within 300 feet of existing lines, and fire hydrants shall be installed at such locations as necessary to provide fire protection.

40.9 Shoreland areas. For planned unit developments located within shoreland areas, the preliminary plans must be approved by the commissioner of natural resources prior to the final approval by the city. 41 Review and evaluation. The review and evaluation of a proposed planned unit development and supportive materials and plans shall include but are not limited to the following criteria:

41.1 Adequate property control is established and provided to protect the individual owner's rights and property values and to define legal responsibilities for maintenance and upkeep.

41.2 The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and general public.

41.3 A sufficient amount of usable open space is provided. A minimum of 35 percent of the project area shall be dedicated to public or private open space and shall be preserved and maintained by protective covenants.



41.4 The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding uses.

41.5 The architectural design of the projects is compatible with the surrounding area.

41.6 The drainage and utility system plans are submitted to the city and are subject to approval.

41.7 The development schedule ensures a logical development of the site which will protect the public interest and conserve land.

41.8 Principal and accessory uses and requirements are in compliance with the district provisions in which the development is intended.

BED AND BREAKFAST DEVELOPMENTS

42 Intent. Because of changes in the character of the community and tourism trends across the region, the city recognizes the need to allow bed and breakfast developments within the city within certain zoning districts and with performance standards that protect the integrity of the surrounding zoning district and health, safety and welfare of the general public. 43 Performance standards. In addition to the minimum building code requirements established by the state uniform building code, the following minimum standards shall apply to all bed and breakfast uses within the city:

43.1 The bed and breakfast must be operated in the principal residence on the subject property and not in an accessory structure.

43.2 The bed and breakfast must be owner-occupied and operated by the owner, his family and up to two additional employees.

43.3 The bed and breakfast shall not provide more than six guest rooms to the traveling public for compensation.

43.4 No cooking facilities shall be provided in any guest room, and the bed and breakfast shall only provide meals and food service to registered overnight guests.

43.5 Prior to opening, the structure shall be inspected by the city building official for compliance with the uniform building code and with any and all conditions established by the planning commission in granting a conditional use permit.

43.6 Off-street parking shall be provided and shall include a minimum of one off-street parking space per guest room, one for each nonfamily employee, and two for the principal residence. Parking shall be effectively screened from adjoining residences by wood fencing or plantings and shall not be located any closer than five feet from any property line. All off-street parking areas shall be paved or hard surfaced.



43.7 One on-premises advertising sign per street frontage shall be allowed not exceeding

two square feet per sign. The advertising sign shall be limited to the name, address and phone number of the facility. The sign shall be placed on the principal structure and shall not be lighted.

43.8 No guest shall be allowed to rent accommodations or remain in occupancy for a period in excess of 14 days during any consecutive 90-day period.

43.9 No other commercial enterprises, including any home occupation, shall be operated in the facility during the term of the conditional use permit.

43.10 The conditional use permit shall be reviewed by the planning commission upon sale or transfer of the property from the owner/operator. 44 Review process. The application for a bed and breakfast shall be processed in conformity with this chapter.

HOME OCCUPATIONS

45 Intent. Home occupations are important to the community in allowing reasonable use of residentially zoned property while protecting the commercial tax base within the city. The city may allow a home occupation as a conditional use as outlined in section 7 of this chapter with the minimum performance standards set forth in this division. 46 Performance standards.

46.1 The home occupation shall be conducted entirely from the principal structure on the

property and not in an attached or detached garage or accessory structures.

46.2 The home occupation shall not require any internal or external alteration to the principal structure that would not otherwise be customary for the residential nature of the property.

46.3 No persons other than persons residing on the premises shall be allowed as employees of the home occupation.

46.4 No mechanical equipment shall be employed that is not typically found in the home.

46.5 No exterior signage shall be allowed in excess of two square feet of nameplate signage. The sign shall be limited to the name, address and phone number of the facility. The sign shall be placed on the principal structure and shall not be lighted.

46.6 There shall be no exterior display of equipment, materials or goods associated with the home occupation.



46.7 No more than 20 percent of the living space of the dwelling shall be used for the home occupation.

46.8 Vehicles associated with the home occupation with advertising on them shall be limited to two cars, trucks or vans, which shall not be parked within public right-of-way.

46.9 No retail sales shall be allowed on the property.

PARKING AND LOADING REQUIREMENTS

47 Intent. In all zoning districts, with the exception of allowed uses in the B-1 district, off-street parking facilities for the storage of motor vehicles for the use of occupants, employees and patrons of the buildings or structures erected, altered or extended after the effective date of the ordinance from which this chapter derives, shall be provided and maintained as prescribed in this division. 48 General requirements.

48.1 A loading space shall not be construed as supplying off-street parking space.

48.2 When units or measurements used in determining the number of required parking spaces result in requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

48.3 Whenever a use requiring off-street parking is increased in floor area and such use is located in a building existing on or before the effective date of the ordinance from which this chapter derives, additional parking space for the additional floor area shall be provided and maintained in amounts hereafter specified for that use.

48.4 For the purpose of this section, "floor area," in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used for services to the public as customers, patrons, clients or patients as tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise, less ten percent.

48.5 Off-street parking facilities for dwellings shall be provided and located on the same lot or parcel of land or within 300 feet of the property.

48.6 The location of required off-street parking facilities for other than dwellings shall be within 300 feet of the building they are intended to serve, measured from the nearest point of the off-street parking facilities and the nearest point of the building or structure.

48.7 Nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses provided, collectively, such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table. The planning commission and city council may allow shared parking facilities by conditional use permit.



48.8 Nothing in this section shall prevent the extension of or an addition to a building or

structure into an existing parking area which is required for the original building or structure when the same amount of space taken by the extension or addition is provided by an enlargement of the existing parking area, or an additional area within 300 feet of such building.

48.9 The amount of required off-street parking space for new uses or buildings, additions to new uses or buildings and additions to existing buildings shall be determined in accordance with the following table and the space so required and shall be irrevocably reserved for such use.

48.10 All parking spaces shall consist of a minimum of 180 square feet in area (either ten by 18 feet or nine feet by 20 feet). Handicapped spaces shall be sized and located according to the federal Americans With Disabilities Act. 49 Parking space requirements.

49.1 Single-family, two-family and townhouse units: two spaces per unit.

49.2 Boardinghouses or roominghouses: at least two parking spaces for every three persons for whom accommodations are provided for sleeping.

49.3 Multiple-family dwellings: two spaces per unit.

49.4 Motels, motor hotels, hotels: one space for each rental unit plus one additional space for each ten units and one space for each employee on any shift. See also bed and breakfast provisions in section 43.6 of this chapter.

49.5 Church, theater, auditorium: at least one parking space for every three seats based on the design capacity of the main assembly hall.

49.6 Hospitals: two spaces for each bed and in addition one space for each employee on any maximum shift.

49.7 Medical, dental or hospital out-patient clinics: one space for each 110 square feet of net floor area or 7 1/2 spaces per doctor, whichever number of parking spaces is greater.

49.8 Sanitariums, convalescent home, rest homes, nursing homes or day nurseries: four spaces plus one for each three beds for which accommodations are offered, and in addition one space for each employee on any maximum shift.

49.9 Elderly (senior citizen) housing: one parking space per unit.

49.10 Drive-in establishment and convenience food: at least one parking space for each 35 square feet of gross floor area but not less than 15 spaces.



49.11 Office buildings and professional offices: one space for each 250 square feet of floor area.

49.12 Bowling alley: at least five parking spaces for each alley, plus additional spaces as may be required for related uses contained within the principal structure.

49.13 Motor fuel station: at least four off-street parking spaces, plus two off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts and/or service shall be required to provide additional parking in compliance with other applicable sections of this division.

49.14 Retail store and service establishment: at least one off-street parking space for every 200 square feet of floor area.

49.15 Retail sales and service business with 50 percent of gross floor area devoted to storage, warehouses and/or industry: one space for each 200 square feet devoted to public sales and/or service, plus one space for every 500 square feet of storage area or one space for each employee on the maximum shift, whichever is appropriate.

49.16 Restaurants, cafes, private clubs serving food and/or drinks, bars, taverns, nightclubs: at least one space for every 60 square feet of gross floor area.

49.17 Funeral home: at least 20 parking spaces for each chapel or parlor, plus one parking space for each funeral vehicle maintained on the premises. Traffic lane space shall also be provided off the street for making up a funeral procession.

49.18 Auto repair, bus terminal, boats and marine sales and repair, bottling company, shop for a trade employing six or less people, garden supply store, building material sales in structure: eight off-street parking spaces, plus one additional space for every 800 square feet of floor area over 1,000 square feet.

49.19 Manufacturing, fabricating or processing of a product or material; warehouse, storage, handling of bulk goods, post offices: at least eight spaces, plus one space for every two employees on each shift based on maximum planned employment or at a minimum one space for each 500 square feet of floor area.

49.20 Car wash, in addition to required bay or staking space:

49.20.1 Automatic drive-through, serviced: a minimum of ten spaces, or one space for each employee on the maximum shift, whichever is greater.

49.20.2 Self-service: a minimum of two spaces.



50 Minimum standards. In all districts where off-street parking is required, the following minimum standards shall apply:

50.1 Adequate ingress and egress shall be provided.

50.2 Such parking lots shall be maintained in a dustproof condition, such as concrete, blacktop or class V material, or some other permanent surface, and kept graded and drained to dispose of surface water.

50.3 Whenever such a parking lot is located on a property zoned for residential use, a setback of eight feet from the lot line shall be required.

50.4 Necessary curbs or other protections against damage to adjoining properties, streets and sidewalks shall be provided and maintained.

50.5 Plans for the construction of any such parking lot must be approved by the city before construction is started. No such land shall be used for parking until approved by the city. 51 Loading requirements. For required loading berths in connection with any structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, with a gross floor area of 10,000 square feet or more, there shall be off-street loading provided on the basis of the following:

Gross Floor Area (square feet) Minimum Required Loading Berths

10,000 to 16,000 1

16,001 to 40,000 2

40,001 to 70,000 3

70,001 to 100,000 4

each additional 40,000 1

ACCESSORY BUILDINGS

52 Residential districts. In all residential districts, detached accessory buildings shall be located in the rear or side yard. When located within ten feet of the rear wall of the principal building, they shall comply with all yard requirements applicable to the principal building in the district. Where accessory buildings are to be located more than ten feet from a rear wall of the principal building, they shall not be located closer than five feet from an adjoining side or rear lot line. All accessory buildings shall sit back a minimum of 30 feet from all street right-of-way lines. 53 Garages. All garages shall, if the vehicle entrance backs upon a public alley, be set back at least ten feet from the public alley right-of-way. 54 Limitation of door extensions. In no case shall the door of any structure, building or improvement, except a fence, be erected or constructed so as to extend beyond any lot line.



55 Business and manufacturing districts. In business and manufacturing districts, accessory buildings and uses may occupy any of the ground area which the principal building is permitted to occupy. Accessory buildings such as buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yard in industrial districts. Parking of automobiles and other motor vehicles is permitted in the front and side yards in industrial districts if screened by a landscaped buffer five feet in width.

FENCING, SCREENING, LANDSCAPING AND STORAGE 56 Regulated

56.1 All materials and equipment, except as provided in the district provisions of this chapter, shall be stored within a building or structure or screened so as not to be visible from adjoining properties, except for the following:

56.1.1 Usable laundry equipment (clothes lines).

56.1.2 Recreational equipment and vehicles.

56.1.3 Construction and landscaping material currently being used on the premises.

56.1.4 Firewood storage as regulated in section 57.7 of this chapter.

56.2 No fence, wall, structure, trees or obstruction, other than chain link fences with

openings of 1 5/8-inches to two inches not exceeding 48 inches in height, shall be erected, established or maintained on a corner lot within a triangular area bounded by the lot lines and a line connecting points on each lot line 20 feet from the intersection of such lot lines. An object within this area not exceeding 30 inches in height as measured from the centerline elevation of the street shall not be considered as an obstruction to vision. This section does not apply to the B-1 district.

56.3 No fence shall exceed eight feet in height, and in the case of grade separation, the height shall be determined on the basis of measurement from the average point between the highest and lowest grade.

56.4 In all commercial and industrial districts adjacent to residential districts and not divided by streets, there shall be provided along the property line a 20-foot-wide planting strip composed of grass, trees and shrubs. A screening fence may be utilized when approved by the city council. Such fence shall not exceed eight feet in height nor be less than six feet in height and shall screen up to 80 percent per square yard of area.

56.5 In all zoning districts, the lot area remaining after providing for parking, driveways, loading, sidewalks or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or landscaping techniques.



56.6 Barbed wire or other fencing material designed with sharp edges shall only be

allowed within commercial or industrial zones within the city and shall require a permit from the city. The zoning administrator or duly appointed official shall inspect the fence to ensure that the safety of the public is not negatively impacted by the fence design or installation.

57.7 The stacking of firewood for personal or private use shall be allowed on property within the city. No firewood piles or stack shall exceed the height requirements for fencing in each zoning district. No commercial firewood storage shall be allowed within a residential zoning district.

UNPLATTED PROPERTY

58. Regulated.

58.1. Any person desiring to improve unplatted property shall submit to the city a survey of the premises and information on the location and dimensions of proposed buildings, location of easements crossing the property, and other information which may be necessary to ensure conformance to city ordinances.

58.2 All buildings shall be so placed so that they will not obstruct future planned streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.

58.3 The city engineer shall review the lot survey to determine if the division and creation of the property was in compliance with the statutes and regulations applicable at the time of the division. If the city engineer finds that the division of the property was in compliance with legal requirements applicable at the time of the division, the lot shall be recognized and development of the property shall be allowed in conformance with the building and zoning regulations of the city. If the city engineer finds that the division of the property was not in compliance with legal requirements applicable at the time of the division, the lot shall not be recognized; and current standards and procedures for platting shall be imposed.

Dwelling unit restrictions

59. Specified

59.1 Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling.

59.2 No garage, recreational vehicle, tent or accessory building shall at any time be used as a residence or dwelling unit, temporarily or permanently.

59.3 Except in the case of planned unit developments, not more than one principal building shall be located on a lot.



59.4 On a through lot (a lot fronting on two parallel streets) or a corner lot, both street lot lines shall be front lot lines for applying yard and parking requirements.

PERFORMANCE STANDARDS

60. Sewer facilities. All sewer facilities shall be connected to community sewer facilities when available. Where sewers are not constructed or in operation, all sewer facilities shall be connected to approved septic tanks and disposal fields in conformance with the state department of health code for on-site sewer systems. This provision shall not apply to temporary construction sites or portable units. 61. Lighting. 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 zone or from the public streets. Direct or sky-reflected glare from floodlights or from high-temperature processes such as combustion or welding shall not be directed into any adjoining property. 62. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the state pollution control agency standards, state regulations and as subsequently expanded, modified or amended. 63. Dust and other particulate matter. The emission of dust, fly ash or other particulated matter by any use shall be in compliance with and regulated by the state pollution control agency standards, state regulations and as subsequently expanded, modified or amended. 64. Odors. The emission of odorous matter in such quantity as to be offensive shall not be permitted. The emission of odor by any use shall be in compliance with and regulated by the state pollution control agency standards, and other applicable state regulations.

65. Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the minimum standards established by the state pollution control agency regulations.

Height and yard exceptions 66. Specified.

66.1 Chimneys, cooling towers, elevator bulkhead, fire towers, drive-in movie theater screens, grain elevators, silos, penthouses, stacks, tanks, water towers, pumping towers, radio or television towers, monuments, cupolas, steeples and mechanical appurtenances pertaining to and necessary to the permitted use of the district in which they are located shall not be included in calculating the height of the principal structure.

66.2 Outside stairways, fire escapes, fire towers, porches, platforms, decks, balconies, boiler flues and other similar projections shall be considered as part of the building and not allowed as part of the required space for yards, courts or unoccupied space; however, this subsection shall not apply to one fireplace or one chimney, not more than eight feet in length and



projecting not more than 30 inches into the allowable side yard space, nor cornices, canopies, eaves or other architectural features not exceeding 24 inches in width nor to platforms, terraces, handicap accessible ramps or steps below the first floor level, nor to unenclosed porches or other ground level unenclosed projections not over one story in height which may extend into a front or rear yard not more than five feet, or into a side yard not more than four feet, such platform shall be restricted to the five-foot required side yard in the residential district.

Nonshoreland grading and excavation.

67. Regulated.

67.1 Excavation, placement or movement of less than 50 cubic yards of dirt outside of shoreland areas shall not require the issuance of a permit.

67.2 Excavation, placement or movement of more than 50 cubic yards of dirt or fill materials on nonshoreland property shall require the issuance of a permit from the zoning administrator.

67.3 The permit may be granted subject to the conditions that:

67.3.1 The smallest amount of bare ground is exposed for as short a time as feasible;

67.3.2 Within a reasonable amount of time, temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted;

67.3.3 Methods to prevent erosion and trap sediment are employed; and

67.3.4 Fill is stabilized to accepted engineering standards.

67.4 The following exceptions to the permitting requirements listed in this section shall

apply to the nonshoreland areas:

67.4.1 Excavation for basements associated with permitted construction activities, subject to review and approval of the city building official.

67.4.2 Filling associated with driveways not within the shore impact zones or within floodplains.

67.4.3 Placement of topsoil for yards or gardens not exceeding 12 inches of

materials.

SIGNS

68. Intent. The purpose of this article pertaining to signs is to establish reasonable regulations for the design, construction, installation and maintenance of all exterior signs in areas



under the jurisdiction of this chapter in order to:

68.1 Balance the right of individuals to identify their businesses and to convey messages with the community rights against unregulated billboard or sign construction or placement;

68.2 Further the objectives of the comprehensive plan;

68.3 Protect the public health, safety and welfare;

68.4 Reduce traffic hazards;

68.5 Facilitate the creation of an aesthetically pleasing and harmonious community and preserve the characteristics of the commercial, rural and residential character of the community;

68.6 Protect property values; and

68.7 Promote economic development. 69. Prohibited signs. After June of 1998, no sign shall be erected or maintained

69.1 Which purports to be or resembles an official traffic control device, sign or signal, or railroad sign or signal, or which hides from view or interferes in any material degree with the effectiveness of any traffic control device, sign or signal, or railroad sign or signal, or which obstructs or interferes with the driver's view of approaching, merging or intersecting traffic on a public or private road from a distance of 500 feet away, not including private residential nameplate signs;

69.2 Which prominently displays the word "stop" or "danger";

69. 3 On any right-of-way, except as otherwise provided by law or allowed by the commissioner of the department of transportation, commissioner of the department of natural resources, as outlined in state law, or the city council;

69.4 On private land without the consent of the owner or person with legal authority;

69.5 Which has flashing or moving lights; or

69.6 Which is structurally unsafe, in disrepair, or is abandoned. 70. District provisions. The following chart depicts which sign types are allowed within each zoning district:

A Denotes allowed without a permit

P Denotes permit required



C Denotes conditional use permit required

X Denotes prohibited sign

R-1 R-2 R-3 B-1 B-2 I P

Area Identification

C C C C C C X

Business Identification

X X X P P P X

Construction

A A A A A A X

Government

A A A A A A A

Home Occupation

A A A A A A X

Illuminated

X X X A A A X

Informational

A A A A A A A

Off-Premises

X X X C C C X

Political A A A A A A A

Portable/Temporary

X X X A A A C

Wall X X X A A A X

Window A A A A A A A

71. On-site general provisions.

71.1 No sign shall be placed closer than ten feet from side lot lines in all districts.

71.2 All signs shall meet structure setbacks from the ordinary high water mark of public waters on all lake classifications (i.e. general development - 75 feet).

71.3 No sign shall be placed within a delineated type 3, 4 or 5 wetland.

71.4 An illuminated sign shall not be located closer than 100 feet from any private single-family residence.

71.5 Temporary signs shall be allowed for a period not to exceed 30 calendar days during a one-year period from the time the sign was originally installed.



72. Size/dimension standards.

72.1 On commercially zoned property, the total area of all exterior advertising on the property shall not exceed three square feet per lineal foot of frontage along the public roadway.

72.2 No single freestanding commercial sign shall exceed 128 square feet in area per face.

72.3 On residentially zoned property, the total area of all signage shall not exceed four square feet per lot.

72.4 The size for area identification signs shall not exceed 32 square feet.

72.5 A wall sign shall not exceed 25 percent of the total wall area of the building facing the public roadway on commercially zoned property.

72.6 Height requirements (dimensions to top of sign) are as follows:

72.6.1 No sign within residential or public zoning districts shall exceed ten feet in height above the existing grade.

72.6.2 No freestanding on-site advertising sign in commercial or industrial zoning districts shall exceed 25 feet above the existing grade.

72.6.3 No sign attached to structures in commercial or industrial zoning districts

shall project more than 25 feet above the finished grade or ten feet above the height of the structure to which it is attached, whichever is less.

72.7 No sign attached to a structure shall project more than four feet out from the

structure.

73 Number of signs.

73.1 A commercially zoned parcel of land shall not be allowed more than two freestanding signs advertising the business or operation on that parcel, not including legally existing off-premises signs.

73.2 No more than two residential identification signs shall be allowed per residential lot.

73.3 The number of area identification signs shall not exceed one per entrance into the development. 74 Nonconforming signs. All signs not meeting the provisions of this article, existing on June of 1998, shall be considered nonconforming signs and shall be subject to the provisions in sections 11.2.1 – 11.2.5 of this chapter.



75 Political signs. The placement and maintenance of political signs used during a campaign shall be regulated by the provisions in state statutes. 76 Window signs. The placement of window signs within a structure or building shall be permitted in all zoning districts without a construction permit. 77 Off-premises sign general provisions.

77.1 District locations. An off-premises sign shall not be located on property zoned other

than B-1, B-2 or I. No property shall be rezoned for the primary purpose of erecting off-premises signs.

77.2 Size limitations. No off-premises sign shall exceed 200 square feet per direction of visibility. No stacked signs shall be allowed.

77.3 Separation from off-premises and on-site advertising signs/road setbacks.

77.3.1 No off-premises sign or billboard shall be located closer than 600 feet from any other off-premises sign or billboard.

77.3.2 All off-premises signs shall meet setbacks from the ordinary high water mark of public waters on all lake classifications as follows:

a. General development, 75 feet. b. Recreational development, 100 feet.

c. Natural environment, 150 feet.

77.3.3 No off-premises sign shall be erected or constructed within 300 feet of an intersection of two public roadways.

77.4 No off-premises sign shall be placed within a delineated type 3, 4 or 5 wetland.

77.5 No off-premises sign shall be located closer than 500 feet from a park/playground, school building, church building or private residence.

77.6 Height restrictions. No billboard or off-premises sign shall be constructed so as to exceed 35 feet in height from existing road grade as measured from the centerline of the road surface, not including temporary sign extensions.

NONCONFORMING USES

78 Continuance. The lawful use of a building or structure existing on June of 1998, may be continued even though such use does not conform with the district provisions in this chapter.



Such a use shall be considered a legally existing nonconforming use.

79 Allowed. A nonconforming use may be conducted throughout the building or structure provided no structural alterations or changes are made except those required by law or ordinance or such as may be required for safety, or such as may be necessary to secure or ensure the continued advantageous use of the building during its natural life. 80 Restoration of damaged buildings. Any nonconforming building or structure damaged more than 50 percent of its then appraised value, exclusive of foundations at the time of damage by fire, collapse, explosion or acts of God, act of war or public enemy, shall not be restored or reconstructed and used as before such a happening, but if less than 50 percent damaged above the foundation, it may be restored, reconstructed or used as before provided that it is done within 12 months of such happening and that it be built of like or similar materials, or the architectural design and building materials are approved by the city. 81 Change of use. A nonconforming use cannot be changed to a comparable nonconforming use. Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district, it shall not thereafter be changed to a nonconforming use. 82 Discontinuance. If a nonconforming use of any building or building and land is discontinued for a period of one year, the use shall conform thereafter to the uses permitted in the district in which it is located. 83 Normal maintenance permitted. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. 84 Completion authorized. Any building or structure for which a building permit has been issued and the construction of the whole or a part of which has been started, prior to the effective date of this chapter may be completed and used in accordance with the plans and application on which the building permit was granted. 85 Junkyards. No junkyard may continue as a nonconforming use for more than one year after the effective date of the ordinance from which this chapter derives, except that a junkyard may continue as a nonconforming use in a commercial or industrial district if within that period it is completely enclosed within a building or within a continuous solid fence not less than eight feet in height or other approved screening which screens completely the operations of the junkyard. Approval of the fence or screen design shall be obtained from the city. 86 Completion of proposed structure. Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this chapter may be completed in accordance with the approved plans provided construction is started within 60 days of the effective date of the ordinance from which this chapter derives, is not abandoned for a period of more than 120 days, and continues to completion within two years. Such structure and use shall thereafter be a legally nonconforming



structure and use. 87 Nonconforming lots.

87.1 Any preexisting lot for which a deed, recorded contract for deed or other legal

conveyance or plat has been recorded prior to the effective date of the ordinance from which this chapter derives shall be deemed a permittable lot without requiring a variance provided all the setbacks can be maintained, and sanitary provisions for well and sewage disposal can be maintained, and the lot is at least 50 feet in width and contains at least 5,000 square feet.

87.2 If two or more preexisting contiguous lots in total could not be divided into two or more lots meeting 80 percent of the requirements of this chapter for a new lot, and are held by the same owner on the effective date of this chapter, they shall be considered one lot for building and zoning purposes. The lots shall be tied together with a restriction filed with the county recorder permanently requiring that the lots be considered as one lot only. This shall be required before a building permit is issued.

87.3 Any lot, preexisting as described in section 87.1 of this chapter, which has been assessed sanitary sewer and has a separate stub shall be considered a permittable lot regardless of lot width; however, no lot containing less than 5,000 square feet shall be considered permittable. Commercial sewered lots with a structure in existence on June of 1998, shall be permittable regardless of width or area.

MANUFACTURED HOMES LAND USE CLASSIFICATIONS AND DEFINITIONS

88 Intent and Purpose. The purpose of this amendment is to add provisions for manufactured homes in residential zoning districts. 89 Special Land Use Provisions - Allow “Dwelling, Manufactured Housing” in the R-1 and R-2 zoning districts as a permitted use as follows: P-Denotes Permitted Use C-Denotes Conditionally Permitted Use Blank-Denotes Prohibited Use

R-1 SF

R-2 MF

R-3 Man.

B-1 CBD

B-2 High

I Ind

P Pub

USE Dwelling, Manufactures Housing

P

P

P

C

90 The City of Crosby authorizes the placement of manufactured homes in residential zones within the City if such manufactured homes comply with the following conditions:



90.1 Manufactured homes shall comply with all zoning regulations for the zone in which

they are located.

90.2 A building permit and any other required permits shall be obtained for manufactured homes.

90.3 No manufactured home located within an area p1atted after 1950 or located within an R-1 zoning district shall have a Building Width of less than twenty (20) feet at its narrowest point.

90.4 No manufactured home located within an area platted before 1950 or located within an R-2 zoning district shall have a Building Width of less than fourteen (14) feet at its narrowest point.

90.5 Additionally, as to foundations, the following shall apply:

90.5.1 Manufactured homes shall be placed on permanent foundations,

90.5.2 Consisting of a cement slab or cement exterior foundations walls,

90.5.3 Which otherwise comply with the Uniform Building Code (as between the Crosby Zoning Ordinance and the Uniform Building Code, the more restrictive shall apply),

90.5.4 Which are solid for the complete perimeter of the house and

90.5.5 Consist of stone or block with wet joint mortar or interlocking blocks.

90.5.6 Plans and specifications must be those supplied by the manufacturer of

the home and

90.5.7 Must be submitted to the City for approval prior to commencing construction.

90.6 As to roofs, Manufactured homes shall have a roof which is

90.6.1 Manufacturer-engineered,

90.6.2 Manufacturer-approved,

90.6.3 Pitched,

90.6.4 And have eaves of not less than Six (6) inches.

90.7 Manufactured homes shall have a minimum floor area of 720 square feet.



90.8 All hitches and wheels must be removed.

91 Building Width. The smallest horizontal dimension of the major portion of a dwelling which does not include decks or patios. 92 Severability. If any section, clause provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

MOBILE HOMES

93 In general. It shall be unlawful for any person to construct on, move onto or place on any lot or tract of land in the platted portion of the City of Crosby, Minnesota, any so-called trailer house or mobile home for human habitation, commercial or dwelling purposes except at such place or places as the City of Crosby, Minnesota, may establish as and for a trailer park, which trailer park when established shall be equipped with all necessary water, sewer, power and light facilities. Provided, however, that the before reservations and restrictions shall not apply to manufactured modular homes provided the same shall have at least 600 square feet of floor space, with all hinges and wheels removed, be placed on a permanent foundation sunk below the frost line and be connected with the City sewer and water and otherwise comply with the housing and building codes of the City of Crosby and thereafter assessed and taxed as real estate. 94 Punishment. Any person convicted of violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and subject to the appropriate penalties.

ZONING

95 Residential areas. It shall be unlawful for any person to move into, construct or build any structure for any purpose except dwellings for human habitation, including a garage, in those parts of the City of Crosby, Crow Wing County, Minnesota, described as follows, to-wit:

95.1 All that part of said City of Crosby lying East of Second Avenue East and South of Eighth Street North; and All that part of the City of Crosby lying South of Second Street South extended Easterly to the City limits and East of Cross Avenue, except for the City well and pump house property therein; and The South Half of Blocks Two (2) and Three (3) of the Town of Crosby; and The South Half of Blocks One (1) and Six (6) and all of Blocks Thirteen (13) and Eighteen (18) of Lake Park Division to the City of Crosby; and Blocks One (1) and Six (6) of Hale’s Addition to Crosby; and Blocks Fourteen (14), Fifteen (15), Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20) except Lots One (1) to Three (3), both inclusive, thereof, of Park Division to the City of Crosby; and all of Lake View Addition to the City of Crosby except lots Sixteen (16), Thirty-one (31), and Thirty-two (32) of Block five (5) thereof, and except also Lots Fifteen (15), Sixteen (16), and Seventeen (17) of Block Nine (9) thereof, and except also Lots Thirteen (13) to Sixteen (16), both inclusive, of Block Ten (10) thereof; and Blocks One (1), Two (2), Five (5) except lots Eleven (11) to Twenty (20), both inclusive of said Block Five (5), and all of Block Six (6) of Central Addition to Crosby; and all of West Park Addition to the



City of Crosby, except Blocks Three (3), Four (4), Five (5), the South Half of Blocks Six (6), and Seven (7), all of Block Eight (8) and the North Half of Blocks Nine (9), Ten (10) and Eleven (11) thereof; and Block One (1), except Lots Twelve (12), Thirteen (13) and Fourteen (14) thereof, Block Seven (7), the South Half of Blocks Eight (8), Nine (9), and Ten (10), and all of Blocks Eleven (11) to Sixteen (16), both inclusive, and Out Lots Three (3), Four (4) and Five (5) of Smiths Addition to Crosby; and all of Central Addition No. 2 to Crosby except Lots Eight (8), and Nine (9) of Block Twelve (12) thereof, and except also Lots One (1), Two (2) and Three (3) of Block Thirteen (13) thereof; and Blocks Six (6), Seven (7) and Eighteen (18) of Keating’s Addition to Crosby.

95.2 Other areas, zones. In all other parts of said City of Crosby, Crow Wing County, Minnesota, not specifically covered by 905.01 hereof, it shall he lawful for any person to move into, construct and build structures for dwellings, apartments, commercial, industrial or other lawful purposes.

95.3 Compliance. All moving, construction or building in the areas set forth in 905.01 and 905.02 hereof shall be done and performed in strict conformity insofar as the same may be applicable, with the provisions of all other City ordinances.

ZONING AMENDMENT

96 The City of Crosby authorizes the placement of manufactured houses in residential zones within the City if such manufactured houses comply with the following conditions:

96.1 Such houses shall comply with all zoning regulations for the zone in which they are located.

96.2 A building permit and any other required permits shall be obtained for such manufactured housing.

96.3 No such house located within an area platted after 1950 shall have a width of less than twenty (20) feet at its narrowest point.

96.4 No such house located on land platted previous to 1950 shall have a width of less than twenty (20) feet at its narrowest point.

96.5 Such houses shall be placed on permanent foundations which comply with the uniform building code as adopted in Minnesota and which are solid for the complete circumference of the house.

96.6 Any such manufactured house shall have exterior siding extending from within six inches (6”) of the dirt or two inches (2”) of concrete which siding shall be of a conventional exterior dwelling-type material.

96.7 Any such manufactured house shall have a pitched roof covered with shingles or tile and have eaves of not less than six inches (6”).



96.8 All such manufactured houses shall be built in compliance with Minnesota Statutes:

327.31 – 3278.35. ORDINANCE AMENDING ORDINANCE 905 CROSBY CITY CODE 905 – ZONING

97 Additional Language included in Subd. 4 “Satellite Dishes for the receiving of television signals from satellites.”

FLOOD

98 Establishment of Official Zoning Map. The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the City of Crosby prepared by the Federal Insurance Administration, and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein. The Official Zoning Map shall be on file in the office of the Crosby City Clerk and the Crow Wing County Auditor. 99 Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 100 Interpretation.

100.1 In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.

100.2 The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary an actual field conditions, the city council shall make the necessary interpretation based on elevation so the regional (100-year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the council and to submit technical evidence. 101 Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the Jurisdiction of the Ordinance. 102 Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other



ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 103 Warning and Disclaimer of Liability. This Ordinance does not imply that areas outside the flood plain districts of land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Crosby or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 104 Severability. If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction. The remainder of this Ordinance shall not be affected thereby. 105 Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application.

105.1 Accessory Use or Structure— a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

105.2 Equal Degree of Encroachment— a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

105.3 Flood— a temporary increase in the flow, or stage of a stream or in the stage of a lake that results In the Inundations of normally dry areas.

105.4 Flood Frequency— the average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

105.5 Flood Fringe— that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for the City of Crosby.

105.6 Flood Plain— the areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.

105.7 Flood—Proofing— a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reductions or elimination of flood damages.

105.8 Floodway— the channel of the watercourse and those portions of the adjoining flood plain which are reasonably required to carry and discharge the regional flood.

105.9 Obstruction— any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill,



structure, or matter in, along, across, or projecting into any channel, watercourse or regulatory flood plain which may impede retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

105.10 Reach— a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man—made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

105.11 Regional Flood— a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100—year recurrence interval. Regional flood is synonymous with the term “base flood” used in the Flood Insurance Study.

105.12 Structure— anything constructed or erected on the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, mobile homes, and other similar items. 106 Establishment of Zoning Districts. The flood plain areas within the jurisdiction of this ordinance are hereby divided into three Districts: Floodway District (FW), Flood Fringe District (FF), and General Flood Plain District (GFP).

106.1 Floodway District. The Floodway District shall include those areas designated as floodway in the Flood Insurance study.

106.1.1 Permitted Uses. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system.

a. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, forestry, sod farming, and wild crop harvesting. b. Industrial—Commercial uses such as loading areas, parking areas, and airport landing strips. c. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. d. Residential uses such as lawns, gardens, parking areas, and play areas.

106.1.2 Conditional Uses. The following open space uses require accessory



structures (temporary or permanent), or fill or storage of materials or equipment. These uses may be permitted in the Floodway District only after the issuance of a Conditional Use Permit as provided in section 7 of this Ordinance. These uses are also subject to the provisions of section 106.1.3 of this chapter, which applies to all floodway Conditional Uses:

a. Structures accessory to open space uses. b. Placement of fill. c. Extraction of sand, gravel, and other materials. d. Marinas, boat rentals, docks, piers, wharves, and water control structures. e. Railroads, streets, bridges, utility transmission lines, and pipelines. f. Storage yards for equipment, machinery, or materials.

g. Other uses similar in nature to uses described in sections 106.1.1 and 106.1.2 of this chapter which are consistent with the provisions set out section 106.1 of this chapter.

106.1.3 Standards for Floodway Conditional Uses a. All Uses. No structure (temporary or permanent), fill (including fill for

roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as a Conditional Use which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the floodway or increases flood heights. In addition, all floodway Conditional Uses shall be subject to the standards contained in Section 10.45 and the following standards (Sections 4.32—4.36).

b. Fill i. Any fill deposited in the floodway shall be no more than the

minimum amount necessary to conduct a Conditional Use listed in Section 4.2. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way obstruct the flow of flood waters.

ii. Spoil from dredging or sand and gravel operations shall not be

deposited in the floodway unless It can be done in accordance with (1) of this section.

iii. Fill shall be protected from erosion by vegetative cover. c. Accessory Structures (temporary or permanent) permitted as Conditional

Uses by Section 4.21.

i. Accessory structures shall not be designed for human habitation.

ii. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of



flood waters.

a) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and,

b) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

iii. Accessory structures shall be flood-proofed in accordance with the

State Building Code.

d. Storage of Materials and Equipment

i. 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.

ii. Storage of other materials or equipment may be allowed if readily

removable from the area within the time available after a flood warning.

106.2 Structural Works for Flood Control. Levees, dikes, and floodwalls shall not be constructed within the limits of the Floodway District. Other structural works for flood control such as dams and channel enlargements that will change the course, current, or cross—section of a public water shall be subject to the provisions of Minnesota Statutes 1976, Chapter 105.

106.3 Food Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe in the Flood Insurance Study.

106.3.1 Permitted Uses. The following uses shall be permitted uses within the Flood Fringe District to the extent that they are not prohibited by any other ordinance: a. Any use permitted in Section 4.1.

b. Accessory structures provided they comply with the provisions of Section

4.33 of this Ordinance.

c. Residences and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by riprap or vegetative covering. Residences constructed on fill shall be subject to the vehicular access requirements in Section 5.31.

No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system.

106.3.2 Conditional Uses. Other uses are permitted only upon application to the



Zoning Administrator and the issuance of a Conditional Use Permit as provided in Section 10.4 of this Ordinance and subject to the following provisions.

a. Residences. Where existing streets, utilities, and small lot sizes preclude the use of fill, other methods of elevating the first floor (including basements) above the Regulatory Flood Protection Elevation may be authorized, provided that the residence is flood-proofed in accordance with the State Building Code. b. Residential Basements. Residential basements below the flood protection elevation may be authorized if they are flood-proofed to FP-l classification in accordance with the State Building Code. No floor or portion of a residence below the Regulatory Flood Protection Elevation may be used for human occupancy. c. Non—Residential Structures, Commercial, manufacturing, and industrial structures shall ordinarily be elevated on fill so that their first floor (including basement) is above the Regulatory Flood Protection Elevation but may in special circumstances be flood-proofed in accordance with the State Building Code. Structures that ate not elevated to above the Regulatory Flood Protection Elevation shall be flood—proofed to FP-1 or FP-2 classification as defined by the State Building Code. Structures flood-proofed to FP-3 or E’P-4 classification shall not be permitted.

106.3.3 Standards for Flood Fringe Uses.

a. Residential Uses. Residences that do not have vehicular access at or above an elevation not more than two feet below the Regulatory Flood Protection Elevation shall not be permitted unless granted a variance by the city council. In granting a variance the council shall specify limitations on the period of use or occupancy of the residence.

b. Commercial Uses. Accessory land uses, such as yards, railroad tracks, and

parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would inundate to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood.

c. Manufacturing and Industrial Uses. Measures shall be taken to minimize

interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 5.32 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas.

106.4 General Flood Plain District. The General Flood Plain District shall include those

areas designated as unnumbered A Zones on the Flood Insurance Rate Map.

106.4.1 Permitted Uses. Permitted uses shall include those uses permitted by section 4.1 of this Ordinance.



106.4.2 Conditional Uses. All other uses are Conditional Uses and are permitted

only upon the issuance of a special permit as provided in Section 10.4. The General Flood Plain District includes the entire flood plain and does not differentiate between those areas that are floodway and those areas that are flood fringe. Because of this the Zoning Commission shall determine whether the proposed use is in the floodway or flood fringe using procedures established in Section 10.43. If it is determined that the use lies in the floodway, the provisions of Section 4.0 of this Ordinance shall apply. If it is determined that the proposed use lies in the flood fringe, the provisions of Section 5.0 of this Ordinance shall apply.

The boundaries of these districts shall be shown on the Official Zoning Map. Within these districts all uses not allowed as Permitted Uses or permissible as Conditional Uses shall be prohibited. 107 Subdivisions. No land shall be subdivided which is held unsuitable by the Crosby City Zoning Commission for reasons of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation.In the General Flood Plain District, applicants shall provide the information required in Section 10.43 of this Ordinance. The Zoning Commission shall evaluate the subdivision in accordance with procedures established in Section 10.43 and standards contained in Section 10.45 of this Ordinance. 108 Public Utilities, Railroads, Roads and Bridges

108.1 Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation.

108.2 Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the Floodway District shall comply with Sections 4.31 and 4.32 of this Ordinance. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 109 Mobile Homes and Mobile Home Parks.

109.1 New mobile home parks and expansions to existing mobile home parks shall be subject to the provisions placed on subdivisions by Section 7.0 of this Ordinance.

109.2 Mobile homes in existing mobile home parks that are locate in flood plain districts are nonconforming uses and may be replaced only if in compliance with the following



conditions:

109.2.1 The mobile home lies in the Flood Fringe District.

109.2.2 The mobile home is anchored with tiedowns that comply with requirements of Minnesota Regulations Moll 450

109.2.3 The mobile home owner or renter is notified that the mobile home site lies in the flood plain and may be subject to flooding.

109.2.4 The mobile home park owner develops a flood emergency plan consistent

with the time available after a flood warning. The plan shall be filed with and approved by the Crosby Zoning Commission.

109.3 Individual mobile homes not located in mobile home parks may be permitted if

allowed by other applicable ordinances and if they comply with the provisions of Section 5.13 of this Ordinance. 110 Administration

110.1 Zoning Administrator. A Zoning Administrator, or other official, designated by the Crosby City Council shall administer and enforce this Ordinance. If he/she finds a violation of the provisions of this Ordinance he/she shall notify the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it.

110.2 Use Permit.

110.2.1 Use Permit required. A Use Permit issued by the Zoning Administrator in conformity with the provisions of this Ordinance shall be secured prior to the erection, addition, or alteration of any building, structure, of portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to the placement of fill or excavation of materials within the flood plain.

110.2.2 Application for Use Permit. Application for a Use Permit shall be made in duplicate to the Zoning Administrator on forms furnished by him/her and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.

110.2.3 Sate and Federal Permits. Prior to granting a Use Permit or processing an

application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained au necessary State and Federa1 Permits.

110.2.4 Certificate of Zoning Compliance for New, Altered, or Nonconforming

Use. It shall be unlawful to use, occupy, or permit the use or occupancy of’ any building



or premises or part thereof hereafter created, erected, changed, converted, altered, of 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 of land conforms to the requirements of this Ordinance. Where a nonconforming use or structure is extended or substantially altered, the Certificate of Zoning Compliance shall specifically state the manner In which the nonconforming structure or use differs from the provisions of this Ordinance.

110.2.5 Construction and Use to be as Provided in Applications, Plans Permits,

and Certificate of Zoning Compliance. Use Permits, Conditional Use Permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed violation of this Ordinance, and punishable as provided by Section 12.0 of this Ordinance. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood—proofing measures shall be certified by a registered professional, engineer or registered architect.

110.2.6 Record of First Floor Elevation. The Zoning Administrator shall

maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the flood plain districts. He/She shall also maintain a record of the elevations to which structures or additions to structures are flood—proofed.

110.3 Conditional Uses. The Crosby City Council shall hear and decide applications for

Conditional Uses permissible under this Ordinance. Application shall be submitted to the Zoning Administrator who shall forward the application to the Crosby City Council for consideration.

110.3.1 Hearings. Upon filing with the Crosby City Council an application for a Conditional Use Permit, the Crosby City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Uses sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing.

110.3.2 Decisions. The Crosby City Council shall arrive at a decision on a Conditional Use within 60 days. In granting a Conditional Use Permit the Crosby City Council may prescribe appropriate conditions and safeguards, in addition to those specified in Section l0.37, which are in conformity with the purpose of the Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit Is granted, shall be deemed a violation of the Ordinance. A copy of all decisions granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action.

110.3.3 Procedures for Evaluating Proposed Conditional Uses Within the General



Flood Plain District.

a. Upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as deemed necessary by the’ Crosby City Council and Zoning Board for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the floodway or flood fringe.

i. A typical valley cross—section showing the channel of the stream,

elevation of land areas adjoining each side of the channel, cross—sectional areas to be occupied by the proposed development, and high water information.

ii. Plan (surface view) showing elevations or contours of the ground;

pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; Photographs showing existing land uses and vegetation upstream and downstream; and soil type.

iii. Profile showing the slope of the bottom of the channel or flow line of the

stream for at least 500 feet in either direction from the proposed development.

b. One copy of the above Information shall be transmitted to a designated

engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations NR 86—87 shall be followed in this expert evaluation. The designated engineer or expert shall:

i. Estimate the peak discharge of the regional flood.

ii. Calculate the water surface profile of the regional flood based upon a

hydraulic analysis of the stream channel and overbank areas.

iii. Compute the floodway necessary to convey the regional flood without Increasing flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.

c. Based upon the technical evaluation of the engineer or expert, the Crosby

City Council and Zoning Board shall determine whether the proposed use is in the floodway or flood fringe and the Regulatory Flood Protection Elevation at the site.

110.3.4 Procedures to be followed by the Crosby City Council and Zoning Board

in Passing on Conditional Use Permit Applications Within all Flood Plain Districts.

a. Require the applicant to furnish such of the following information and additional information as deemed necessary by the Crosby City Council and Zoning Board for determining the suitability of the particular site for the proposed use:



i. Plans In triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood—proofing measures, and the relationship of the above to the location of the stream channel.

ii. Specifications for building construction and materials, flood—

proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

b. Transmit one copy of the information described in subsection (1) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project In relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters.

c. Based upon the technical evaluation of the designated engineer or expert, the Crosby City Council and Zoning Board shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

110.3.5 Factors upon Which the Decision of the Crosby City Council and Zoning

Board shall be Based. In passing upon Conditional Use applications, the Crosby City Council and Zoning Board shall consider all relevant factors specified in other sections of this Ordinance, and:

a. The danger to life and property due to Increase velocities caused by encroachments. b. The danger that materials may be swept onto other lands or downstream to the injury of others. c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions, d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the Individual owner.

e. The importance of the services provided by the proposed facility to the community.

f. The requirements of the facility for a waterfront location.

g. The availability of alternative locations not subject to flooding for the proposed use.

h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. i. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

j. The safety of access to the property in times of flood for ordinary and



emergency vehicles.

k. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

l. Such other factors which are relevant to the purposes of this Ordinance.

110.3.6 Time for Acting on Application, The Crosby City Council and Zoning Board shall act on an application in the manner described above within 60 days from receiving the application, except that where additional information is required pursuant to Section 10.33 and 10.34 of this Ordinance. The Crosby City Council and Zoning Board shall render a written decision within 60 days from the receipt of such additional Information.

110.3.7 Conditions attached to Conditional Use Permit. Upon consideration of the factors listed above and the purposes of the Ordinance, the Crosby City Council and Zoning Board 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:

a. Modification of waste disposal and water supply facilit4es.

b. Limitations on period of use, occupancy, and operation.

c. Imposition of operational controls, sureties, and deed restrictions.

d. Requirements for construction of channel modifications, dikes, levees, and

other protective measures. e. Flood—proofing measures, In accordance with the State Building Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood—proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. 111 Nonconforming Uses

111.1 A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions:

111.2 No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.

111.3 No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed 50 percent of its assessed value at the time of its becoming a nonconforming use, unless the entire structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the structure.



111.4 Any alteration or addition to a nonconforming use which would result in

substantially increasing the flood damage potential of the use shall be flood—proofed In accordance with the State Building Code.

111.5 If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Ordinance. The assessor shall notify the Zoning Administrator In writing of nonconforming uses which have been discontinued for a period of 12 months.

111.6 If any nonconforming use is destroyed by any means, including floods to an extent of 50 percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Ordinance. However, the Crosby City Council and Zoning Board may issue a Conditional Use Permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately flood—proofed, elevated, or otherwise protected in conformity with Section 10.37.

111.7 Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

111.8 Nonconforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained In the Ordinance within a reasonable period of time as determined by the Crosby City Council and Zoning Board, after a hearing for each such nonconforming use. The Board shall make its determination upon the basis of the normal useful life of any Improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such nonconforming use, by reason of the limitation on establishment of competing businesses as a result of this Ordinance, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Ordinance.

111.9 The Zoning Administrator shall prepare a list of those nonconforming uses which have been flood— proofed or otherwise ad~quate1y protected In conformity with Section 10.37 of this Ordinance. He shall present such list to the Crosby City Council and Zoning Board which may Issue a certificate to the owner stating that such uses, as a result of these corrective measures, are In conformity with the provisions of the Ordinance. 112 Penalties for Violation. Violation of this Ordinance or failure to comply with any of Its requirements (including violation of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 or imprisoned for not more than 90 days, or both, and in addition shall pay all costs and expenses involves in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Crosby City Council and Zoning Board from taking such other lawful action as is necessary to prevent or remedy any violation.



113 Amendments. The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional / flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures lands are adequately protected for the intended use. All amendments to this Ordinance including amendments to the Official Zoning Map must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map also require prior approval by the Federal Insurance Administration.