Ch11.§3-12 · City of Nowthen public records

#### A. Purpose: 1\. The purpose of this Section is to allow for clustered residential development only in the Rural Residential Agricultural District where such development will not result in a service burden to local government units, will not create land use conflicts, and will not have an adverse impact on the environment. As defined in this Chapter, cluster development is a pattern of subdivision development, which places housing units into compact groupings while providing commonly owned open space. 2\. It is not the intent of this Section to circumvent the density provisions of the Rural Residential Agricultural District, which requires a minimum lot density of one lot per five acres and a minimum platted lot size of two and one-half (2.5) acres. Rather, the intent is to allow a higher density in those instances where homes are clustered together in order to provide, in part, more   dedicated open space than would be found in a development that subdivided all land within a project site into standardized platted lots. 3\. Further, it is not the intent of this Section to conditionally permit the subdivision of a single parcel, or even a few parcels, from a larger tract of land. Subdivisions of that nature must meet the minimum standards of the Rural Residential Agricultural District, including the five (5) acre minimum lot or density size. 4\. The Planned Unit Development (hereinafter referred to as 'PUD') is intended for use especially where the usual applications of lot size and density controls: a. Would impose design standards detrimental to the natural aesthetic and physical characteristics of the site; and, b. Would not provide for the most efficient and feasible use of the land. B. Criteria: Every proposal presented to the City for a PUD shall be accompanied by a preliminary site plan for both a PUD and a standard development. The City shall consider the following criteria and objectives in processing the application for rezoning to a PUD District: 1\. That the proposal as a PUD is directed at and limited to areas that will preserve a natural community as defined by the Natural Heritage and Non- game Research program of the Division of Fish and Wildlife of the Minnesota Department of Natural Resources and as delineated by the Minnesota County Biological survey. 2\. That the proposal as a PUD is in harmony with the objectives of the comprehensive plan and is not intended as a means to vary applicable planning and zoning principles. 3\. That the proposal as a PUD would allow for a more desirable and more creative environment than might be possible through the strict application of current zoning and subdivision regulations. 4\. That the proposal as a PUD would provide amenities and open spaces greater than minimum requirements of existing zoning and subdivision regulations. 5\. That the proposal as a PUD would not be a substantial detrimental influence on the market value of surrounding properties.   6\. That the proposal as a PUD is designed in such a way as to form a desirable and unified environment within its own boundaries, and also will not be detrimental to future land uses in the surrounding areas. C. Conditional Use Permit Required: A conditional use permit shall be required to allow for a PUD in a Rural Residential Agricultural District. All subdivisions are also subject to the requirements of Chapter 10 of the City Code. A conditional use permit shall be issued only if the project area meets the following conditions and those set forth in the Subdivision Ordinance. 1\. Transportation Accessibility: The project area has direct access to the following transportation systems: a. The project must front on and have access to a federal, state, county or city street existing and maintained at the time of application. b. Streets must have a minimum right-of-way of four (4) rods (66 feet) and conform with the City's Street Specifications. C. The project must be on paved Streets and have continuous paved access to a paved county or state highway. 2\. Adjacent Land Use: The project shall not result in the location of a residence at a distance less than: a. One-fourth (1/4) mile from permitted feedlots. b. One-half (1/2) mile from a public airport. 3\. Local Plans, Projects: The proposed project does not conflict with adopted local plans or projects (i.e. sewage lagoons, parks, transportation facilities, etc.). 4\. Lot and Project Size: The minimum project size for a residential subdivision conditionally permitted pursuant to this Section, as a PUD shall be a 75- acre minimum parcel. The open space shall constitute a minimum of 50% of the gross acreage of the project site and said open space shall be contiguous and unified with a minimum of 25% of said open space being non-wetland. The minimum lot size shall be one acre. 5\. General Regulations: a. Home occupations as defined by this Chapter are permitted whereas extended home occupations as defined by this Chapter are prohibited.   b. A maximum of one (1) accessory structure per lot with a maximum one thousand six hundred (1,600) square foot size is permitted and must comply with provisions of this Chapter. 6\. Compliance with Applicable Federal, State and County Development Regulations. The proposed project concept plan must meet any applicable federal, state or county development regulations applicable to the proposed project, including but not limited to this Chapter, subdivision regulations, and sewer ordinance. D. Height, Yard, Area and Lot Width and Depth Regulations: 1\. Height Regulations: No building shall exceed two and one-half (21/2) stories or thirty (30) feet in height. 2\. Front Yard Regulations: There shall be a front yard setback of not less than: a. One hundred fifty (150) feet from the centerline of U.S. or State Highways, County State Aid Highways, and all County roads and collector or arterial streets. b. One hundred twenty (120) feet from the centerline of all City streets. c. The minimum lot frontage shall be fifty (50) feet on a public street from which direct access to the property is provided. d. Corner lots located at the intersection of two or more streets or highways are considered to have two (2) front yard setbacks and two (2) side yard setbacks. e. No building shall be erected, reconstructed, altered or moved nearer to the street line on which it faces than the average setback observed by the residential buildings on the same side of the street and fronting thereon within the same block. 3\. Side Yard Regulations: There shall be a minimum interior side yard setback of twenty (20) feet. 4\. Rear Yard Regulations: There shall be a rear yard setback of not less than thirty-five (35) feet in depth. 5\. Lot Area and Width Regulations: Each single-family dwelling shall be located on a lot having an area of not less than one (1) acre, twenty-three thousand (23,000) square feet of which must be buildable and a minimum of three (3) feet above highest known ground water or ordinary high water of adjacent wetlands. Each lot shall have a minimum width of one hundred twenty (120) feet as measured at the building setback line.   E. Subdivision Design: All subdivision designs shall take into account surrounding land uses and shall be so designed that the layout of lots and streets and the placement of structures shall result in the minimum disruption or conflict in the adjacent land uses including agricultural operations. F. Development Phasing: The entire project site, which must include a minimum of seventy-five (75) acres, must receive preliminary plat approval at the same time. However, the development may be completed in phases as regulated by the City's Subdivision Ordinance. G. Common Open Space: No PUD will be approved without the provision of dedicated public open space. The open space shall constitute a minimum of fifty percent (50%) of the gross acreage of the project site with a minimum of twenty- five percent (25%) of said open space being non-wetland. The open space shall meet the following standards: 1\. The location, shape, size, and character of the dedicated open space must be suitable for the PUD and shall be contiguous. 2\. Dedicate open space must be used for amenity or recreational purposes. The uses authorized for the open space must be appropriate to the scale and character of the Planned Unit Development, considering its size, density, expected population, topography, and the number and type of structures to be provided. 3\. Dedicated open space must be suitably improved for its intended use, but open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the dedicated open space must be appropriate to the uses which are authorized for the open space and must conserve and enhance the amenities of the open space, having regard to its topography and unimproved conditions. 4\. The development plan must coordinate the improvement of the dedicated open space and the construction of buildings, structures, and improvements in the open space, with the construction of the permitted structures of the Zoning District in which the PUD is located. 5\. If the final development plan provides for buildings or structure improvements in the dedicated open space, the developer must provide a bond or other adequate assurance that the buildings, structures, and improvements will be completed. The City Council shall release the bond or other assurance when the buildings, structures, or improvements have been completed according to the development plan.   6\. The construction and provision of all of the dedicated open spaces and any public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of the principal structures of the PUD. #### H. Conveyance and Maintenance of Common Open Space: 1\. All land shown on the final development plan as dedicated open space must be conveyed under one of the following options: a. It may be conveyed to a public agency (State, County, or City) to maintain the dedicated open space and any buildings, structures, or improvements which have been placed on it, subject to the public agency acceptance of the conveyance. b. The dedication of open space does not excuse the subdivision from payment of City park fees except as the open space is accepted by the City for use as a city park. 2\. No dedicated open space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit that use. However, no change of use may be considered as a waiver of any of the covenants limiting the use of open space areas, and all rights to enforce the covenants against any permitted use are expressly reserved. 3\. If any portion of the open space within a PUD is not conveyed to a public agency the open space shall be made common to the private property within the PUD with the following provisions: a. The legal right to develop the common non-public open space for the uses not specified in the final development plan must be conveyed to a public agency. b. The restrictions governing the use, improvement, and maintenance of the common open space must be stated as conditions to the conveyance of the common open space, the fee title to the common open space to vest in a public agency in the event of a substantial default in the stated conditions. C. A legal right must be established to assess and/or levy the costs of non-public open space maintenance against the properties in the development. d. For any portion of common open space which is not conveyed to a public agency, the covenants governing the use, improvement and   maintenance of the common open space may authorize a public agency to enforce their provisions. I. Required Covenants, Easements and Provisions in Plan: 1\. The development plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location, and density of permitted structures, accessory uses thereto, and public facilities as may be necessary for the welfare of Planned Unit Development and not inconsistent with the best interest of the entire Town. 2\. The applicant may be required to dedicate land for street or park purposes and, by appropriate covenants to perpetually (or for the duration of the Planned development) restrict area use as dedicated open space or for non- public common use. The development shall be subject to all conditions so imposed, and shall be exempted from other provisions of this Chapter only to the extent specified in the authorization. J. Guarantee the Provision of Common Open Space: The City Council may require adequate assurance, in a form and manner, which it approves, that any dedicated and non-public common open space shown in the final development plan will be provided. The City Council shall require a bond, corporate surety, or other acceptable financial guarantee, in a form which complies with the provisions of the Subdivision Ordinance, and in an amount sufficient to purchase any non-dedicated common open space shown in the final development plan or alternative acreage which is equivalent in size and character. K. Wastewater Systems: 1\. All PUD development shall contain a community septic system, which shall service all housing units in the development. The PUD wastewater system shall be designed according to the MPCA rules and standards, Minnesota Chapter 7080.0600, Subd. 4,B,1. The construction of the waste water system shall be guaranteed by a developers bond. 2\. The operation and maintenance of the system shall be at the cost of the properties in the PUD and shall be guaranteed by City approved Homeowner's Association documents. L. Final Approval: When the City Council gives final approval, a Certificate of Occupancy shall be issued for the PUD Plan even though the size of lots, depth of yards, and the required distance between grouped buildings and the building height, may not conform in all respects to the regulations of the Rural Residential Agricultural District.   M. Final Action by Applicant: The applicant shall then review the application and plan in its final approved form and sign a statement that the PUD Plan in its final form shall be made binding on the applicant, any successors in interest and assigns. N. Control of Planned Unit Development Following Acceptance: All changes in use, or re-arrangement of lots, blocks, and building tracts, any changes in the provision of common open spaces, and all other changes in the approved final plan must be submitted to the Planning & Zoning Commission and approved by the City Council, under the procedures authorized for the amendment of this Chapter. No amendments may be made in the approved final plan unless they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the City. O. Amendments to the Final Development Plan: All changes in use, or re- arrangement of lots, blocks, and building tracts, any changes in the provision of common open spaces, and all other changes in the approved final plan must be approved by the Planning & Zoning Commission . No amendments may be made in the approved final plan unless they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the City. P. Failure to Begin Planned Unit Development: 1\. If no construction has begun or no use established in the Planned Unit Development within one (1) year from the final approval of the final development plan, the final development plan shall lapse and be of no further effect. 2\. In its discretion and for good cause, the City Council may extend for one (1) additional year, the period for the beginning of construction. (Ordinance #3, adopted November 9, 2010)   # SECTION 4 GENERAL REGULATIONS FOR ALL DISTRICTS Section: 11-4-1 Non-Conforming Uses/Structures 11-4-2 Accessory Structures 11-4-3 Home Occupations 11-4-4 Mobile Homes 11-4-5 General Standards 11-4-6 Erection of More Than One Principal Structure on a Lot 11-4-7 Temporary Habitation 11-4-8 Substandard Lot Provisions 11-4-9 Dwellings or Other Buildings Moved into or Within the City 11-4-10 Mining/Excavating 11-4-11 Use of Dynamite/Explosives 11-4-12 Certificate of Occupancy 11-4-13 Development Standards for Single Family Dwelling Units Junkyards/Unlicensed Vehicles 11-4-14 11-4-15 Animals 11-4-16 Exterior Storage 11-4-17 Development Standards for Commercial or Industrial uses 11-4-18 Residential Housing Standards 11-4-19 Lighting Regulations 11-4-20 Permanent Stormwater & Wetland Management Standards 11-4-1: NON-CONFORMING USES/STRUCTURES: The following provisions shall apply to all non-conforming uses: A. A non-conforming use may be continued, but may not be extended, expanded, or changed unless to conforming use, except as permitted by the Board of Adjustment in accordance with the provisions of this Chapter. Existing residential dwellings which are non-conforming due to inadequate setbacks, may be altered, improved or enlarged, provided the work does not increase the non-conformity. B. A certificate must be obtained within sixty (60) days of the effective date of this Chapter by the owner of any non-conforming use as evidence that the use law- fully existed prior to adoption of the provision which made the use non-conforming. C. If such non-conforming use consists of a substantial building and ceases to be used for a continuous period of one (1) year, any subsequent use of said building shall be in conformity to the requirements of this Chapter. D. No non-conforming use, if once changed to a permitted use, shall be changed back to a non-conforming use.   E. If at any time, any building, exclusive of foundation, in existence, or maintained at the time of the adoption of this Chapter which does not conform to the requirements of this Chapter shall be substantially wholly destroyed by fire, earthquake, windstorm, or other casualty, then the said land on which such buildings were located or maintained shall, from and after the date of such destruction, be subject to all the requirements as specified in this Chapter. F. Normal maintenance of a non-conforming structure is acceptable, including non- structural repairs and incidental maintenance. (Ordinance #3, adopted November 9,2010)

Ch.11 § 3-12

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