Corcoran Zoning Code

TITLE X: - ZONING ORDINANCE

SECTION 1010: - TITLE, PURPOSE AND INTENT

1010.010: - TITLE

This Ordinance shall be known, cited and referred to as the Corcoran Zoning Ordinance except as referred to herein, where it shall be known as "this Ordinance".

This Ordinance is adopted for the purpose of:

1. Implementing the approved Comprehensive Plan.

2. Protecting the public health, safety, morals, comfort, convenience and general welfare.

3. Facilitating adequate provisions for transportation, water, sewage, schools, parks, and other public requirements.

4. Balancing residential, commercial and industrial development and population to provide a tax base that can adequately supply the necessary level of services within the City.

5. Providing convenient retail sales and service centers for residents.

6. Facilitating continuation of commercial agriculture within the City.

7. Minimizing conflicts between land used for agricultural production and land demanded for development.

8. Conserving natural resources and maintaining a high standard of environmental quality.

9. Conserving the natural, scenic beauty, rural character, and attractiveness of the Corcoran countryside.

10. Providing for the administration of this Ordinance.

11. Defining the powers and duties of the administrative officers and bodies.

12. Prescribing penalties for the violation of the provisions of this Ordinance.

1010.030: - APPLICATION OF THIS ORDINANCE

Subd. 1. In their interpretation and application, the provisions of this Ordinance shall be held to the minimum requirements for the promotion of the public health, safety and welfare.

Subd. 2. Where the conditions imposed by any provisions of this Ordinance are either more or less restrictive than comparable conditions imposed by other law, ordinance, rule or regulation of the City, State, or Federal government, the law, ordinance, rule, or regulation which imposes the more

restrictive condition, standard or requirement shall prevail.

Subd. 3. No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this Ordinance.

Subd. 4. Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this Ordinance.

Subd. 5. Except as herein provided, no land subdivision shall be permitted that creates nonconformities with this Ordinance.

1010.040: - USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS

Whenever in any zoning district a use is not specifically allowed, the use shall be considered prohibited. In such case the City Council, or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and if so what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use.

1010.050: - RELATIONSHIP TO COMPREHENSIVE PLAN

It is the policy of the City of Corcoran that the enforcement, amendment, and administration of this Ordinance shall be accomplished by adhering to the recommendations contained in the Comprehensive Plan as developed and amended from time to time by the Planning Commission and City Council. The City Council recognizes the Comprehensive Plan as the guiding policy for responsibility to regulate land use and development in accordance with the policies and purpose set forth in this Ordinance.

1010.060: - AUTHORITY

This Ordinance is enacted pursuant to the authority granted under Minnesota Statutes, Section 462.357.

1010.070: - SEPARABILITY

It is hereby declared to be the intention of the City that several provisions of this Ordinance are separable in accordance with the following:

If any court of competent jurisdiction shall adjudge any provisions of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in said judgment.

2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

1010.080: - REPEAL OF EXISTING ZONING REGULATIONS

The existing zoning regulations entitled, "Zoning Ordinance" as passed on March 23, 2004 and as subsequently amended, are repealed. The adoption of this Chapter, however, shall not affect nor prevent any pending or future prosecution of, or action to abate, an existing violation of prior regulations.

1010.090: - EFFECTIVE DATE

The Zoning Ordinance shall become effective at the date specified by the enabling Ordinance.

SECTION 1020: - RULES AND DEFINITIONS

1020.010: - RULES

The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction:

• A. The singular number includes the plural and the plural the singular.

• B. The present tense includes the past and future tenses.

• C. The words "shall" and "must" are mandatory, and the words "may" and "should" are permissive.

• D. The masculine gender includes the feminine and neuter genders.

• E. Whenever a word or term is defined and appears in the text of this Ordinance, its meaning shall be construed as set forth in such definition.

• F. All measured distances expressed in feet shall be in the nearest tenth of a foot.

• G. In event of conflicting provisions, the more restrictive provisions shall apply.

• H. For terminology not defined in this Ordinance, the City Code, the Minnesota State Building Code, or the Webster's Dictionary shall be used to define such terms.

• I. In the event of a conflict between text and graphics, the text shall apply.

1020.020: - DEFINITIONS

ACCESSORY BUILDING: A subordinate building, or a portion of the main building which is located on the same lot or parcel as the main building and the use of which is clearly incidental to that of the main building or to the use of the premises.

ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

ACREAGE, GROSS: The total acreage of the land area, based on the predevelopment conditions of the site. Existing public streets are deducted from the predevelopment land area.

ACREAGE, NET: The gross land area minus wetlands and areas below the 100-year ordinary high water elevation. For proposed developments, net acreage is based on the predevelopment conditions of the site. Existing public streets are deducted from the predevelopment land area.

AGRICULTURAL BUILDING: An accessory building located on residential property for the exclusive use of an Agricultural Use. Agricultural buildings shall not be used for storage of personal or business vehicles or materials unrelated to the Agricultural Use. To be classified as an agricultural building for the purposes of the Zoning Ordinance, the building must be located on a minimum of 10 contiguous acres that are used for agricultural purposes.

AGRICULTURAL USE: The production, for sale, of livestock, dairy animals, dairy products, poultry, or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees and apiary products.

ALLEY: A public right-of-way which provides a secondary means of access to abutting property.

BASEMENT: A portion of a building located partly underground but having half or more of its floor to ceiling height below the average grade of the adjoining ground.

BED AND BREAKFAST: A single family dwelling in which four (4) or fewer transient guest rooms are rented on a nightly basis for periods of less than one (1) week and where at least one (1) meal is offered in connection with the provision of sleeping accommodations only.

BOARDINGHOUSE (ROOMING OR LODGING HOUSE): A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed 20 persons.

BUILDING: Any structure having a roof which may provide shelter or enclosure of persons, animals, chattel, or property of any kind and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. For the purpose of this definition, "roof" shall include an awning or other similar coverings, whether or not they are permanent in nature.

BUILDING AREA: The total floor area of the structure.

BUILDING FOOTPRINT: The horizontal area measured within the outside of the exterior walls of the ground floor of the structure.

BUILDING HEIGHT: The vertical distance to be measured from the grade of a building line to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the upper most point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.

BUILDING INSPECTOR OR BUILDING OFFICIAL: Individual so designated and authorized by the Corcoran City Council.

BUILDING LINE: A line within a lot parallel to a public right-of-way, a side or rear lot line, a bluff line, or a high-water mark or line, behind which buildings or structures are placed.

CARPORT: A permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage.

CENTRAL WATER AND SEWER SYSTEMS: Utility systems serving a group of buildings, lot or any area of the City, with the design and construction of such utility systems as approved by the City and State of Minnesota.

CHARGING LEVELS: Means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms 1, 2, and DC are the most common charging levels, and include the following specifications:

1. Level 1 is considered slow charging with 120v outlets.

2. Level 2 is considered medium charging with 240v outlets, charging head and cord hardwired to the circuit.

3. DC is considered fast or rapid charging. Voltage is greater than 240.

CITY: City of Corcoran, Hennepin County, Minnesota.

CITY CLERK: Individual so designated and authorized by the Corcoran City Council.

CITY COUNCIL: The governing body of the City of Corcoran, Hennepin County, Minnesota.

CITY ENGINEER: Individual or firm so designated and authorized by the Corcoran City Council.

CITY PLANNER: Individual or firm so designated and authorized by the Corcoran City Council.

CIVIC BUILDING: A building that is operated by the U.S. federal government, State of Minnesota, Metropolitan Council, Hennepin County, or City of Corcoran for purposes of carrying out governmental duties. The definition does not include publicly or privately operated school facilities (e.g., classrooms, administrative offices, maintenance buildings).

COLLOCATE or COLLOCATION: To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit.

COMPREHENSIVE PLAN: "Comprehensive Plan" is a compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, of the municipality and its environs, as defined in the Minnesota Municipal Planning Act, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

CONDITIONAL USE: A use classified as conditional generally may be appropriate or desirable in a specific zone, but requires special approval because if not carefully located or designed it may create special problems such as excessive height or bulk, abnormal traffic congestion or environmental disruption.

CONTRACTOR OPERATION: An area and/or building devoted to use by a person who contracts to supply certain materials or to do certain work in the field of building trades.

DAY CARE FACILITY: Any public or private facility licensed by the State of Minnesota, that regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or development guidance on a regular basis for a period less than 24 hours per day. Day Care facilities include, but are not limited to: family day care homes, group family day care homes, day care nurseries, day nurseries, nursery schools, Preschools, Montessori schools, as defined by Minnesota State Statutes, Chapter 245A. Day care facilities are not residential facilities as defined by this Section.

DAY CARE FACILITY, COMMERCIAL: A daycare facility that is operated out of commercial property rather than the private residence of the day care operator.

DAY CARE FACILITY, HOME: A daycare facility that is operated out of the private residence of the day care operator.

DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features attached or functionally related to a principal use or site.

DENSITY, GROSS (PRE-DEVELOPMENT): The number of housing units divided by the gross residential acreage (total land area), based on the predevelopment conditions of the site. Existing public streets are deducted from the predevelopment land area.

DENSITY, NET (POST-DEVELOPMENT): The number of housing units divided by the net residential acreage (gross land area minus land to be dedicated as public park, lakes, streams, wetlands, required wetland or shoreland buffer strips, areas below the 100-year ordinary high water elevation, stormwater management ponds that are covered by easement and right-of-way or easements for existing and proposed public streets).

DENSITY, NET (PRE-DEVELOPMENT): The number of housing units divided by the net residential acreage (gross land area minus wetlands and areas below the 100-year ordinary high water elevation). For proposed developments, net acreage is based on the predevelopment conditions of the site. Existing public streets are deducted from the predevelopment land area.

DEVELOPABLE AREA: The net land area available for development. Developable area is based on the pre-development conditions of the site and is calculated as follows: gross land area minus wetlands, areas below the 100-year ordinary high water elevation and right-of-way or easements for existing public streets.

DRIVE, PRIVATE: Land not dedicated as a public street, over which a public access easement for street purposes has been granted, which intersects or connects with a public street and where an access easement and maintenance agreement has been recorded at Hennepin County. The easement shall allow for access by police, emergency vehicles, trash collection, and other service vehicles.

DRIVE-THROUGH: Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether the service is provided within the building.

DRIVEWAY: A paved or unpaved access strip of land providing a vehicular connector between the public right-of-way of the street or private drive and the parking space or garage of a property.

DWELLING: A building or portion thereof, designated exclusively for residential occupancy, but not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor homes or travel trailers.

DWELLING, ATTACHED: A building where a dwelling unit is joined in a horizontal fashion to one or more dwelling units by party wall or walls.

DWELLING, DETACHED: A dwelling unit entirely surrounded by open space.

DWELLING, MULTIPLE FAMILY (APARTMENT): A building designed with 3 or more dwelling units exclusively for occupancy by 3 or more families living independently of each other.

DWELLING, SENIOR (AGE RESTRICTED): Multiple family dwelling designed for and occupied primarily by persons over 55 years of age, and which may include on-site recreational, social or health care services for the benefit of the residents.

DWELLING, SINGLE FAMILY: A building designed for and occupied exclusively by one family.

DWELLING, TOWNHOME: A single-family dwelling unit constructed within a group of more than two attached units in which each unit extends from the foundation to the roof, has direct exterior access, and has open space on at least one side. A townhome is not considered an apartment or multiple-family dwelling.

DWELLING, TWO FAMILY: A building designed for occupancy by 2 families in separate dwelling units.

DWELLING UNIT: A residential building or portion thereof intended for occupancy by one or more persons with facilities for living, sleeping, cooking and eating, but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes, or travel trailers.

DWELLING UNIT, ACCESSORY: A separate, self-contained dwelling unit that is clearly incidental and subordinate to the principal use of a lot. The unit must have bathroom facilities and kitchen facilities that include a sink with piped water, a range, and a refrigerator. The unit may take various forms: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled dwelling.

ELECTRIC VEHICLE: A vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off-grid source, that is stored on board for motive purposes.

ELECTRIC VEHICLE CHARGING STATIONS: Means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by private or public utilities, or municipal departments of underground or overhead telephone, gas, electrical, steam, hot water, waste, or water transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Essential services shall not include waste facilities.

ESSENTIAL SERVICE STRUCTURES: Structures and buildings necessary for the operation of essential services, including but not limited to: telephone buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks, lift stations. Essential service structures shall not include transmission/reception antennas.

EVENT CENTER: A facility located on private property that primarily functions to provide a facility for any type of social gathering that is available for use by various groups for such activities as public assemblies, meetings, private meetings, retreats, parties, weddings, receptions and dances.

EXPANSION, ENLARGEMENT, OR INTENSIFICATION: Any increase in a dimension, size, area, volume, or height; any increase in the area of use; any placement of a structure or part thereof where none existed before; any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; any move of operations to a new location on the property; any increase in intensity of use based on a review of the original nature, function, or purpose of the nonconforming use, such as the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city.

EXTERIOR STORAGE: The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals and peat not regulated under Minnesota Statutes, Section 93.44 to 93.51.

FAMILY: An individual or a group of two or more persons each related by blood, marriage, adoption, or foster care arrangement living together as a single housekeeping unit, or a group of not more than four persons not so related, maintaining a common household, and using common cooking and kitchen facilities, exclusive of usual servants.

FLOOD PLAIN RELATED: (Some of the flood plain related terms appear elsewhere in the Zoning Ordinance. The definitions below apply ONLY to Section 1050.030—Flood Plain Overlay District—of the Zoning Ordinance):

BASE FLOOD ELEVATION: The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey.

BASEMENT: Means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

CRITICAL FACILITIES: Facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.

DEVELOPMENT: Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

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.

FARM FENCE: A fence as defined by Minn. Stats Section 344.02, Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance.

FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.

FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

FLOOD FRINGE: That portion of the Special Flood Hazard Area (one percent annual chance flood) outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of Corcoran.

FLOOD INSURANCE RATE MAP: An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM.)

FLOOD PRONE AREA: Any land susceptible to being inundated by water from any source (see "Flood").

FLOOD PLAIN: The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.

FLOOD PROOFING: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.

NEW CONSTRUCTION: Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance.

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.

PRINCIPAL USE OR STRUCTURE: Means all uses or structures that are not accessory uses or structures.

ONE HUNDRED YEAR FLOODPLAIN: Lands inundated by the "Regional Flood" (see definition).

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.

REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study.

REGULATORY FLOOD PROTECTION ELEVATION (RFPE): The regulatory flood protection elevation shall be an elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.

REPETITIVE LOSS: Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.

SPECIAL FLOOD HAZARD AREA: A term used for flood insurance purposes synonymous with "One Hundred Year Floodplain."

START OF CONSTRUCTION: Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

SUBSTANTIAL DAMAGE: Means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

2. Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this Ordinance, "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1.

FLOOR AREA: The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of a building shall include basement floor area, penthouses, attic space having headroom of seven feet or more, interior balconies and mezzanines, lean-tos, enclosed porches and floor area devoted to accessory uses. However, any space devoted to mechanical equipment, stairwells, elevator shafts, parking or loading shall not be included in floor area for the purposes of parking calculations.

area of a building shall include basement floor area, penthouses, attic space having headroom of seven feet or more, interior balconies and mezzanines, lean-tos, enclosed porches and floor area devoted to accessory uses. However, any space devoted to mechanical equipment, stairwells, elevator shafts, parking or loading shall not be included in floor area for the purposes of parking calculations.

GARAGE, PRIVATE: A detached accessory building or an attached accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families who reside upon the premises and in which no occupation or business for profit is carried on, and enclosed on all four sides and pierced only by windows and customary doors.

GARDEN CENTER: A place of business where retail and wholesale garden products are sold to the retail consumer and may include nurseries and greenhouses. These centers import the majority of the items sold. These centers may also include the sale of handicrafts, nursery products, fertilizer, potting soil, mulch, rock and other garden supplies, including power equipment, such as garden tractors, lawnmowers, farm equipment, etc.

GOVERNING BODY: Corcoran City Council.

GREENHOUSE: A building used for the cultivation or protection of trees, plants, flowers, vegetable and nursery stock for subsequent sale or seasonal enjoyment. Greenhouses include hoop houses and may be permanent or portable.

HOME OCCUPATION: A Home Occupation is any gainful occupation or profession engaged in by the legal resident of a dwelling, at or from the dwelling, or from an accessory building. Home Occupations in this Ordinance are identified as allowed, special (requiring an administrative permit) and conditional home occupations (requiring an interim use permit).

HOTEL: A building which provides a common entrance lobby, halls and stairway and 3 or more guest rooms intended to be used for temporary lodging for compensation, whether with or without meals.

IMPERVIOUS SURFACE: A surface compacted or covered with material so as to be highly resistant to infiltration by runoff. Impervious surface shall include roads; driveways; and parking areas, whether or not paved; sidewalks greater than three feet wide; patios; tennis and basketball courts; swimming pools; covered decks and other structures. Open decks with joints at least ¼ inch wide, areas beneath overhangs less than two feet wide, and sidewalks three feet or less wide shall not constitute impervious surfaces under these rules.

INTERIM USE: An approved temporary use of property until a particular date or until the occurrence of a particular event.

IMPROVEMENT: Making a legal nonconforming use, structure, or lot better, more efficient, or more aesthetically pleasing, including any change that does not replicate what preexisted, but does not include an expansion, enlargement, or intensification.

JUNK YARD: An open area where waste, used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap, iron and other metals, paper, rags, rubber, ties, and bottles. A junk yard includes an auto-wrecking yard, but does not include uses established entirely within enclosed buildings. This definition does not include sanitary landfills.

KENNEL, COMMERCIAL: A structure or premises where dogs are kept or possessed for the business of boarding, breeding, grooming and or training for profit.

KENNEL, HOBBY: A structure or premises that is located in a residential area that is not operated as a business for the sale, breeding, grooming, boarding, or training but rather as a hobby. Wherein the dogs are kept exclusively as personal/family pets.

LANDSCAPING: Alteration of the natural terrain, including the planting of trees, grass, shrubs, and ground cover.

LOT: A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision of record or survey map, for the purpose of sale or lease or separate use thereof.

LOT AREA: The area of a lot in a horizontal plane bounded by the lot lines.

LOT, CORNER: A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot.

LOT, FRONTAGE: A lot line abutting the right-of-way of a public street or property/easement of a private street of private drive.

LOT LINE: The property line bounding a lot except that where any portion of a lot extends into an easement for public right-of-way, the line of such public right-of-way shall be the lot line for applying this Ordinance.

LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public street or private drive easement, and in the case of a corner lot it shall be the shortest dimension on a public street or private drive easement. If the dimensions of a corner lot are reasonably equal, the front lot line shall be designated by the owner and filed with the City. However, all front lot lines shall be subject to the front setback requirements.

LOT LINE, INTERIOR: A lot line that does not qualify as a lot frontage.

LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line.

LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD: Any lot which is one unit of a plat duly approved and filed, or one unit of an Auditor's Subdivision or a Registered Land Survey that has been recorded in the Office of the Register of Deeds or Registrar of Titles for Hennepin County, Minnesota, prior to the effective date of this Ordinance.

LOT, THROUGH: A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this Ordinance.

LOT WIDTH: The maximum horizontal distance between the side lot lines of a lot measured at the required front lot line or ordinary high water level of the shoreline. For lots on a cul-de-sac, the lot width shall be measured at the required minimum front setback.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle."

MANUFACTURED HOME PARK: An area which lots are rented for the placement of non-transient occupied manufactured homes.

MINING: The extraction of sand, gravel, rock, soil or other materials from the land in the amount of 301 cubic yards or more and the removing thereof from the site without processing shall be mining. The only exclusion from this definition shall be removal of materials associated with construction of a building provided such removal is an approved item in the building permit.

MODEL HOME: A home which is similar to others in a development and which is temporarily open to public inspection for the purpose of selling.

MODULAR BUILDING: A non-mobile building that is primarily fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the building to the site.

MOTEL: A building or group of detached, semi-detached or attached buildings containing 3 or more guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.

MOTOR FUEL STATION: Any building or premises used for the dispensation, sale or offering for sale at retail of any motor fuels. When the use is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Such uses may include convenience food sales and car wash facilities, as accessory uses.

NONCONFORMING BUILDINGS AND STRUCTURES: Structures which at one time conformed to applicable zoning regulations, but because of subsequent amendments to the Zoning Ordinance no longer conform to applicable yard, height, lot coverage or other dimensions or bulk provisions or do not meet other on-site development standards, such as an insufficient number of parking spaces.

NONCONFORMING LOT: A lot of record that was created lawfully based on the access, frontage, area, and other dimensional requirements of the then prevailing Zoning Ordinance, but it no longer meets the minimum requirements after the adoption, revision, or amendment to the requirements of the underlying zoning district.

NONCONFORMING USE: The use of land or structures that, as of the effective date of this Code, or applicable amendment thereto, are used for purposes that are not permitted in the zoning district in which they are located. Uses that were specifically authorized as a conditional or interim use are not considered non-conforming uses even if the use is no longer permitted within that zoning district. Such use will continue to be considered a conditional or interim use.

NURSERY: A place for propagation, cultivation, growth, sale and storage of trees, plants, flowers, vines, fruits, vegetables and similar agricultural products, including materials integral to proper nursery operation, from seed or stock. Nurseries may also provide accessory items for the care and maintenance of nursery products, including fertilizer, potting soil, mulch, rock and other garden supplies, but not including power equipment, such as garden tractors, lawnmowers, farm equipment, etc. "Nursery" may include greenhouses.

OFFICES, PROFESSIONAL OR COMMERCIAL: A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

OFF-STREET LOADING SPACE: A space accessible from a street, alley, or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials. Such space shall be of sufficient size to be accessible to and accommodate one vehicle of the type typically used in the particular business.

PERMITTED USE: A public or private use which of itself conforms to the purposes, objectives, requirements, regulations, performances standards of a particular district.

PLACES OF WORSHIP: Any place of worship, including any church, synagogue, temple, mosque, or other building or facility, primarily engaged in religious worship. The term does not include uses, such as schools, recreational facilities, day care or child care facilities, kindergartens, dormitories, or other facilities, for temporary or permanent residences, which are connected or related to the worship facility or the principal buildings on the site, or are located on the same site, even if the curriculum or services offered as part of such use includes religious services and/or training.

PLANNED UNIT DEVELOPMENT: A zoning designation which allows a mixing of buildings and uses which cannot be otherwise addressed under this Section, and/or whereby internal site design standard deviations from this Section may be allowed to improve site design and operation.

PLANNING COMMISSION: The Planning Commission of the City of Corcoran except when otherwise designated.

POST-DEVELOPABLE AREA: The net land area available for development. Developable area is based on the pre-development conditions of the site and is calculated as follows: gross land area minus land to be dedicated as public park, lakes, streams, wetlands, required wetland or shoreland buffer strips, areas below the 100-year ordinary high water elevation, stormwater management ponds that are covered by easement and right-of-way or easements for existing and proposed public streets.

is based on the pre-development conditions of the site and is calculated as follows: gross land area minus land to be dedicated as public park, lakes, streams, wetlands, required wetland or shoreland buffer strips, areas below the 100-year ordinary high water elevation, stormwater management ponds that are covered by easement and right-of-way or easements for existing and proposed public streets.

PRE-DEVELOPABLE AREA: The net land area available for development. Developable area is based on the pre-development conditions of the site and is calculated as follows: gross land area minus wetlands, areas below the 100-year ordinary high water elevation and right-of-way or easements for existing public streets.

PRINCIPAL BUILDING, STRUCTURE OR USE: One which determines the predominant use as contrasted to accessory building, structure or use.

PUBLIC LAND: Land owned or operated by municipalities, school district, county, state, or other governmental unit.

PUBLIC UTILITY: An essential service (not limited to electric, gas, water, sewer, cable television, and telephone) owned, operated or franchised by city, school district, county, state or other governmental unit.

RECREATION, COMMERCIAL: Includes all uses such as bowling alleys, driving ranges, and movie theaters that are privately owned and/or operated with the intention of earning a profit by providing entertainment for the public.

RECREATION EQUIPMENT: Play apparatus such as swing sets and slides, sandboxes, poles for nets, stands, and similar equipment or structures but not including tree houses, swimming pools, playhouse exceeding 25 square feet of floor area, or sheds utilized for storage of equipment.

RECREATION, PUBLIC: Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.

RECREATIONAL VEHICLE: A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle."

REPLACEMENT, RECONSTRUCTION, OR RESTORATION: Construction that exactly matches preexisting conditions.

RESIDENTIAL FACILITY: Any facility licensed by the Minnesota Department of Human Services, public or private, which for gain or otherwise regularly provides one or more persons with twentyfour (24) hour per day substitute care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person's own home. Residential facilities include, but are not limited to: state institutions under the control of the Commissioner of Public Welfare, foster homes, halfway houses, residential treatment centers, maternity shelters, group homes, residential programs or schools for handicapped children.

SEASONAL PRODUCE STAND: A temporary and transient business within the City, selling the products of the farm or garden occupied and cultivated by the operator; where the operator conducts the business in or on a building, structure, vacant lot, motor vehicle trailer, or railroad car, on a site other than the property on which the produce is grown and cultivated.

SETBACK: The minimum horizontal distance between a structure and the nearest lot line, except that if an outlot for a public trail separates such lot line from a street right-of-way, setback shall mean the minimum horizontal distance between a structure and the street right-of-way line. Additionally, within the shoreland districts setback shall mean the minimum horizontal distance between a structure or a sewage treatment system and the ordinary high water level. For purposes of earth shelter buildings only, above grade portions shall be used in determining setback requirements. In all cases, distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided hereinafter. In the case of street easements, the setback shall be the required front setback plus ½ the easement width measured from the centerline.

SEWAGE TREATMENT SYSTEM: On-site means for disposing and treating human and domestic waste such as a septic tank and soil absorption system or other system allowed by State and City regulations; used where authorized by the City when access to the municipal sewer system is not required or feasible.

SEWER SYSTEM: The public utility operated by the City to conduct sanitary wastes to the Metropolitan Council Environmental Services facility for treatment and disposal.

SHORELAND RELATED (Some of the shoreland related terms appear elsewhere in the Zoning Ordinance. The definitions below apply ONLY to Section 1050.020—Shoreland Overlay District—of the Zoning Ordinance):

ACCESSORY STRUCTURE OR FACILITY: Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.

BOATHOUSE: A structure designed and used solely for the storage of boats or boating equipment.

BLUFF: A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff):

1. Part or all of the feature is located in a shoreland area.

2. The slope rises at least 25 feet above the ordinary high water level of the water body.

3. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater.

4. The slope must drain toward the water body.

BLUFF IMPACT ZONE: A bluff and land located within 20 feet from the top of a bluff.

COMMISSIONER: The Commissioner of the Department of Natural Resources.

DWELLING SITE: A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

ORDINARY HIGH WATER LEVEL: The boundary of public waters and wetlands; it is an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. Commonly, that point where the natural vegetation changes from predominantly aquatic to predominately terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

PUBLIC WATERS: Any waters defined in Minnesota Statutes, Section 103G.005, subdivisions 15 and 15a.

SENSITIVE RESOURCE MANAGEMENT: The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

SHORE IMPACT ZONE: The land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.

SHORELAND: Land located within the following distances from public waters: 1,000 from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides that extend landward from the waters for lesser distances and when approved by the Commissioner of the Department of Natural Resources.

SHORELINE BUFFER AREA: An area of vegetated ground cover abutting a shoreline of a lake, stream or wetland that is unmown, undisturbed or re-established to meet the requirements of Section 1050.010 of this Ordinance.

SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places, or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is

presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

STEEP SLOPE: Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this Ordinance. Where specific information is not available, steep slopes are lands having average slopes over 18 percent, as measured over horizontal distances of 50 feet or more and that are not bluffs.

TOE OF THE BLUFF: The lower point of a 50-foot segment with an average slope exceeding 18 percent.

TOP OF THE BLUFF: The higher point of a 50-foot segment with an average slope exceeding 18 percent.

WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY: A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

SOLAR ENERGY SYSTEM RELATED:

Building-Integrated Solar Energy Systems - An active solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, siding, windows, skylights, awnings or within driveways and sidewalks.

Community Solar Garden - A solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system, consistent with Minn. Stats §216B.1641, as may be amended. A community solar system shall be accessory to a principal use and may be building integrated, roof mounted, or ground mounted.

Grid-Intertie Solar Energy System - A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

Ground Mounted Solar Energy System - a solar energy system that is structurally mounted to the ground, generally upon a pole or rack mount and that is accessory to a principal use. A ground mounted system may be a fixed or tracking system.

Off-Grid Solar Energy System - A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

Photovoltaic System - A solar energy system that converts solar energy directly into electricity.

Roof Mounted Solar Energy System - A solar energy system that is structurally mounted to the roof of a principal or accessory building. These systems are generally affixed with a racking system and may be flush or angled. Solar equipment which is mounted to a roof which is not flat, and which is visible from the nearest right-of-way, shall not have a finished pitch more than five percent steeper than the roof.

Solar Collector - A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

Solar Collector Surface - Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.

SMALL WIRELESS FACILITY: A wireless facility that meets both of the following qualifications:

• (1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and

• (2) All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment.

• STORY: That portion of the building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling next above it.

STREET: A public right-of-way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, throughway, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated or deeded to the public for public use and which

provides the principal means of access to abutting property.

STREET VENDOR: Any person who travels from street to street upon public rights-of-way with food, beverages, flowers, balloons or similar items and offers them for sale from a non-motorized mobile type device such as a pushcart or like conveyance.

STRUCTURAL ALTERATION: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.

STRUCTURE: Anything which is built, constructed or erected on the ground or attached to the ground or on-site utilities; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include but are not limited to buildings, factories, sheds, detached garages, cabins, manufactured homes, gazebos, decks, retaining walls, walls, fences, and swimming pools, but excluding patios and similar at-grade improvements, fences less than seven (7) feet in height which do not have the potential to obstruct flood flows, and recreational vehicles that meet the exemption criteria of Section 1050.030 Subd. 9.D. of this ordinance.

SUBDIVISION: Any division or rearrangement of land, except for those separations:

1. Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and 5 acres or larger in size for commercial and industrial uses;

2. Creating cemetery lots;

3. Resulting from court orders or the adjustment of a lot line by the relocation of a common boundary.

TAVERN: Any use in which the primary purpose is the sale of alcoholic beverages for on-premises consumption.

TELECOMMUNICATIONS RELATED:

ANTENNA SUPPORT STRUCTURE: A building, athletic field lighting, water tower, or other structure, other than a tower, which can be used for location or telecommunications facilities.

ENGINEER: An engineer licensed by the State of Minnesota.

PERSON: Any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

STEALTH: Designed to blend into the surrounding environment; examples of stealth facilities include, without limitation, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication towers designed to appear other than as a tower, such as light poles, power poles, and trees.

TELECOMMUNICATIONS FACILITIES: Cables, wires, lines, wave guides, antennas or any other equipment or facilities associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure; the term does not include:

1. A satellite earth station antenna two meters in diameter or less located in an industrial or commercial district.

2. A satellite earth station antenna one meter or less in diameter, wherever located.

TELECOMMUNICATIONS TOWER OR TOWER: A self-supporting lattice, guyed, or monopole structure constructed from grade that supports telecommunications facilities; the term does not include amateur radio operations equipment licensed by the Federal Communications Commission.

TEMPORARY STRUCTURE: Structure without a foundation that is not permanently erected on a site. Temporary structures shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements of the Minnesota State Building Code as necessary to ensure the public health, safety and general welfare.

TOWNHOME: One unit of a single family attached housing facility with the first story at or near the ground level with no other dwelling units or portions thereof directly above or below, and each unit having direct exterior access with no sharing of a common hallway for entry.

TREE FARM: An agricultural operation limited to the planting, growing and harvesting of trees. Trees may be exported for sale, but no wholesale or retail sales are permitted on site.

URBAN GARDEN: Small-scale gardens located in an urban area that produce food crops.

VARIANCE: A modification or variation of the provisions of this Ordinance where it is determined that by reason of special and unusual circumstances relating to a specific lot, that strict application of the Ordinance would cause practical difficulties, or that strict conformity with the provisions of this Ordinance would be unreasonable, impractical or unfeasible under the circumstances.

WETLAND RELATED (Some of the wetland related terms appear elsewhere in the Zoning Ordinance. The definitions below apply ONLY to Section 1050.010—Wetland Overlay District—of the Zoning Ordinance):

ALTERATION: Human-induced actions that adversely impact the existing condition of a wetland or wetland buffer area, including grading, filling, dredging, dumping, cutting, pruning, topping, clearing native vegetation, and discharging pollutants. Alteration does not include walking, passive recreation, fishing, farming, or planting that enhances native vegetation, or other similar activities allowed under the Minnesota Wetland Conservation Act.

AVERAGE BUFFER WIDTH: The average width of a buffer area within a single development or development phase.

APPLICANT: The owner, their agent or person having legal control, ownership and/or interest in land which the provisions of this Chapter are being considered for or reviewed.

BUFFER STRIP OR BUFFER AREA: An area of vegetated ground cover abutting a wetland that is unmown, undisturbed, or re-established to have the characteristics identified in Section 1050.01, Subd. 8 of this Ordinance.

BUILDING SETBACK: The minimum horizontal distance between the building and the property line; or in the case of a shoreland yard, the ordinary high water level; or in the case of a lot containing all or a portion of a wetland, the nearest edge of the wetland buffer area.

COMMUNITY, PLANT: An interacting assemblage of plant populations sharing a given habitat.

FILLING (FLOODPLAIN, SHORELAND, WETLAND RELATED): The act of depositing any rock, soil, gravel, sand or other material so as to fill a water body, watercourse, or wetland.

FUNCTIONAL VALUE: A number value from 0.1 to 1.0 that is assigned to a wetland to indicate its value for stormwater management, vegetation diversity, habitat value, recreational and aesthetic values as determined by the Minnesota Rapid Assessment Methodology (MnRAM).

NATIVE GRASSES: Those species of perennial grasses that are native to the local region, and were not introduced as a result of European settlement or subsequent human introduction.

NATIVE PLANT SPECIES: The pre-European settlement group of plant species that is native to the local region, and were not introduced as a result of European settlement or subsequent human introduction.

WETLAND: Lands transitional between terrestrial and aquatic ecosystems, where the water table is usually at or near the surface, or the land is covered by shallow water. Consistent with the Wetland Conservation Act (WCA), wetlands are to be identified and delineated using the methodology set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (Interagency Task Force on Wetland Delineation, 1987, or it most recent revision). For purposes of this definition, wetlands have three of the following attributes:

1. A predominance of hydric soils.

2. Inundation or saturation by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.

3. Under normal circumstances support a prevalence of such vegetation.

This definition does not include wetlands created from uplands either: (1) for storm water storage and management purposes, or (2) by actions not intended to create the wetland and approved, permitted, funded or overseen by a public entity.

WETLAND EDGE: The line delineating the outer edge of a wetland. This line shall be established by using the 1987 Corps of Engineers (COE) Wetlands Delineation Manual, or its most recent version.

WETLAND FUNCTIONS: The natural processes performed by wetlands, including providing wildlife and fishery habitat, facilitating food chain production, providing habitat for nesting, rearing, and resting sites for animal species, maintaining the availability and quality of water, purifying water, acting as a recharge and discharge area for groundwater aquifers, and moderating surface water and storm water flows, improving storm water quality, providing aesthetic benefits, and performing other functions, including but not limited to those set out in U.S. Army Corps of Engineers regulations at CFR Section 320.4 (b)(2)(1988).

WETLANDS, HIGH QUALITY: These wetlands exist in a largely unaltered state and have special or unusual qualities that call for a high level of protection. These wetlands may provide habitat for rare, threatened and/or endangered plant and animal species; and are ranked High in Wetland Functional Level for most categories (Floral Diversity/Integrity, Flood/Stormwater Attenuation, Water Quality Protection, Wildlife and/or Fishery Habitat, Aesthetics/Recreation) when evaluated using the Minnesota Rapid Assessment Method for Evaluating Wetland Functions.

ese wetlands may provide habitat for rare, threatened and/or endangered plant and animal species; and are ranked High in Wetland Functional Level for most categories (Floral Diversity/Integrity, Flood/Stormwater Attenuation, Water Quality Protection, Wildlife and/or Fishery Habitat, Aesthetics/Recreation) when evaluated using the Minnesota Rapid Assessment Method for Evaluating Wetland Functions.

WETLANDS, MEDIUM QUALITY: These wetlands have experienced some alteration, and are ranked Medium in Wetland Function Level for most categories (Floral Diversity/Integrity, Flood/Stormwater Attenuation, Water Quality Protection, Wildlife and/or Fishery Habitat, Aesthetics/Recreation) when evaluated using the Minnesota Rapid Assessment Method for Evaluating Wetland Functions.

WETLANDS, LOW QUALITY: These wetlands have usually been substantially altered by human activities, and ranked Low in Wetland Function Level for most categories (Floral Diversity/Integrity, Flood/Stormwater Attenuation, Water Quality Protection, Wildlife and/or Fishery Habitat, Aesthetics/Recreation) when evaluated using the Minnesota Rapid Assessment Method for Evaluating Wetland Functions.

YARD: An area on a lot between the lot line and the nearest principal structure, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Ordinance.

YARD, FRONT: An area extending the full width of a lot between the front lot line and the nearest principal structure.

YARD, REAR: An area extending the full width of a lot between the rear lot line and the nearest principal structure.

SIDE YARD: An area extending the depth of a lot from the front yard to the rear yard between the side lot line and the nearest principal structure.

ZONING ADMINISTRATOR: Individual or firm so designated and authorized by the Corcoran City Council.

ZONING DISTRICT: An area or areas within the limits of the City for which the regulations and requirements governing use are uniform.

ZONING DISTRICT AMENDMENTS: A change authorized by the governing body either in the allowed use within a district or in the boundaries of a district.

(Ord. 279 passed 11-25-13. Ord. 310, passed 10-08-15, Ord. 328, passed 08-25-16, Ord. 332, passed 08-2516, Ord. 355, passed 09-28-17, Ord. 374, passed 08-23-18, Ord. 376 passed 08-23-18, Ord. 389, passed 0228-19, Ord. 442, passed 11-22-21, Ord. 445, passed 12-22-21, Ord. 459, passed 05-26-22, Ord. 465, passed 09-22-22, Ord. 510, passed 10-26-23)

SECTION 1030: - GENERAL REQUIREMENTS

1030.010: - NON-CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS

Subd. 1. General Standards of Applicability.

• A. Authority to Continue

Any use, structure, or lot that existed as a lawful nonconformity as of when this Code was adopted on March 23, 2004, and any use, structure, or lot that has been made nonconforming because of the terms of this Code or its subsequent amendments, may continue subject to the provisions of this Ordinance so long as it remains otherwise lawful. A structure or use that is illegal at the time of the adoption of this Code, remains illegal if it does not conform with each and every requirement of this Code.

• B. Burden on Property Owner to Establish Legality

In all cases, the burden of establishing the legality of a nonconformity under the provisions of

this Ordinance is upon the property owner of the nonconforming use, structure, or lot.

• C. Safety Regulations

The City may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, and safety. All police power regulations enacted to promote public health, welfare, and safety including, but not limited to, all building, fire, and health codes, apply to nonconforming structures.

Subd. 2. Nonconforming Use.

• A. Ordinary Repairs and Maintenance

Normal repair, replacement, restoration, maintenance, or improvement may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided it will not create any new nonconformity or increase the intensity, bulk or density of the nonconforming use.

• B. Structural Alterations

Structural alterations to a structure containing a nonconforming use are permitted so long as they do not create any new nonconformity or increase the intensity, bulk or density of the nonconforming use. In addition, the following exceptions apply:

1. When the alteration is required by law or is necessary to restore the building or structure to a safe condition upon the order of any official charged with protecting the public safety.

2. When the alteration is for the purpose of bringing the use into conformity.

• C. Expansion of Use

A nonconforming use of land or a structure may not be expanded, enlarged, or intensified, as defined in Section 1020.020. An expansion of a nonconforming use to any land area or structure not currently occupied by such nonconforming use or to any portion of the floor area that was not occupied by such nonconforming use is prohibited.

• D. Changes to Nonconforming Uses:

  1. A change of use is deemed to occur when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of the Zoning Ordinance is deemed an abandonment of the previously existing lawful nonconforming use.

  2. When a nonconforming use of land or a structure has been changed, in whole or in part, to a conforming use, the whole or part which has been made to conform may not be changed back to a nonconforming use.

  3. A nonconforming use of land or a structure may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

• E. Discontinuation or Abandonment

If a nonconforming use or occupancy is discontinued for a continuous period of one (1) year, such nonconformity or occupancy is deemed to be abandoned and may not be reestablished or resumed regardless of the intent to resume or to continue the use. Any subsequent use of such land or structure must conform to all regulations of the zoning district in which such land or structure is located. The period of such discontinuance caused by government action, uncontrollable events, or other acts without any contributing fault by the user, must not be included in calculating the length of discontinuance for this section.

• F. Damage or Destruction

  1. If a structure and/or property devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of fifty percent (50%) or less of the market value at that time, then the structure and/or property may be repaired, reconstructed, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit. If a building permit is not obtained within one (1) year, then the nonconforming use cannot be continued.

  2. If a nonconforming structure and/or property devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of greater than fifty percent (50%) of its market value at that time and no building permit has been applied for within one-hundred eighty (180) days of when the property is damaged, the nonconformity may not be continued, repaired, or replaced. The City may impose reasonable conditions upon a building permit issued under this section to mitigate any newly created impact on adjacent property.

Subd. 3. Nonconforming Buildings and Structures.

• A. Proposed Structure

Any proposed structure that will become nonconforming by amendment of this title but for which a building permit has been lawfully granted prior to the effective date of the amendment, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of the amendment, is not

abandoned for a period of more than one hundred twenty (120) days, and continues to

completion within two (2) years. The structure shall thereafter be a legal nonconforming structure.

• B. Ordinary Repairs and Maintenance

Normal repair, replacement, restoration, maintenance, or improvement may be performed on any legal nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity, increase the degree or intensity of any previously existing nonconformity, or increase the bulk or density of the structure in any manner.

• C. Structural Alterations

Structural alterations to a legal nonconforming building or structure may be made through the building permit process provided:

1. The alterations do not expand the foundation and/or building size (including deck additions), unless specifically allowed by this section; and

   2. The alterations do not increase the building occupancy capacity or parking demand; and

   3. The alterations do not increase the degree of the nonconforming conditions of the building, site, or the use.

• D. Expansion of Legal Nonconforming Buildings or Structures

  1. Administrative Approvals

The Zoning Administrator may approve the following expansions of legal nonconforming buildings and structures after a determination that the building expansion will have no external negative impacts upon adjacent properties or public rights-of-way, and subject to the provision of Corcoran City Code Section 1070.060, Subd. 3.:

• a. Expansion of buildings found to be non-conforming only by reason of height, yard setback, or lot coverage area may be permitted provided the structural nonconformity is not increased and the expansion complies with the performance standards of the Zoning Ordinance, unless otherwise provided herein.

  • i. The expansion of buildings found to be nonconforming only by reason of yard setback may be permitted provided the proposed expansion is no closer to the affected property line than the existing building.

  • ii. The expansion of buildings found to be nonconforming only by reason of height may be permitted provided the proposed expansion does not exceed the height of the existing building.

2. Conditional Use Permit

Legal, nonconforming commercial, industrial, public, semi-public, and multiple-family structures may be expanded on the same lot by conditional use permit provided:

• a. The expansions will not increase the nonconformity of the building or site; and

• b. The new building expansion will conform to all the applicable performance standards of the Zoning Ordinance. A conditional use permit shall not be issued under this Section for a deviation from other requirements of the Zoning Ordinance unless variances are also approved; and

• c. The request for conditional use permit shall be evaluated based on standards and criteria set forth in Corcoran City Code Section 1070.020, Subd. 3.

• E. Relocation

A nonconforming structure may not be relocated, in whole or in part, to any other location on the same lot or parcel unless brought into full compliance with the Zoning Ordinance. A nonconforming structure may be relocated to another lot or parcel if the structure conforms to all regulations of the zoning district in which it is relocated.

• F. Damage or Destruction

1. If a nonconforming building or structure is damaged or destroyed to the extent of less than fifty percent (50%) of the market value at that time, then the structure and/or property may be repaired, reconstructed, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit.

   2. If a nonconforming structure is damaged or destroyed to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within onehundred eighty (180) days of when the property isdamaged, the nonconformity may not be continued, repaired, or replaced. The City may impose reasonable conditions upon a building permit issued under this section in order to mitigate any newly created impact on adjacent property.

Subd. 4. Nonconforming Lots.

• A. Vacant or Redeveloped Lots

  1. A lot or parcel of land for which a deed or contract for deed has been recorded in the office of the Hennepin County Recorder upon, or prior to, the effective date of this Code shall be deemed a buildable lot provided:

a.

The lot has frontage on a public right-of-way, or is governed by a valid driveway agreement; and

  - b. The lot has access to municipal sewer and water if located within the municipal urban service boundary, or otherwise has an approved well and an approved on-site septic system or is able to provide a well and on-site septic system in compliance with all City and State requirements; and 

  - c. The setback and yard requirements of the applicable zoning district can be achieved while simultaneously resulting in development that complies with the character and quality of the immediate area and the objectives of the City's Comprehensive Plan and Zoning Ordinance; and 

  - d. The lot, if located within the Rural Residential or Urban Reserve districts, has a development right. 

2. The owner must apply for and receive a valid driveway permit from the Public Works director for access to any public street, including new, modified, or relocated driveways, prior to construction.

• B. Developed Lots

An existing conforming use on a lot of substandard size and width may be expanded or enlarged if such expansion or enlargement meets all other provisions of the Zoning Ordinance.

• C. Shoreland Overlay District

  1. Nonconforming shoreland lots of record may be allowed as a building site without variances from lot size requirements, subject to the following provisions consistent with Minn. Stat. § 462.357, subd. 1(e) as it may be amended from time to time:

     • a. All structure and septic system setback distance requirements can be met; and

     • b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a publicnsewer; and

• c. The impervious surface coverage does not exceed twenty-five percent (25%) of the lot.

  2. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered a separate parcel of land for the purpose of sale or development, if it meets the following requirements consistent with Minn. Stat. § 462.357, subd. 1(e) as it may be amended from time to time:

     • a. The lot must be at least 66% of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; and

     • b. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080; and

  • c. Impervious surface coverage must not exceed twenty-five percent (25%) of each lot; and

  • d. Development of the lot is consistent with the 2040 Comprehensive Plan.

3. A lot unable to meet the requirements of paragraph (2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.

4. Notwithstanding paragraph (2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer.

5. In evaluating all variances, conditional use permits, building permits, and other land use applications for a nonconforming lot of record, the property owner shall be required, when appropriate, to address storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions.

6. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

Subd. 5. Exceptions to Nonconformity Regulations.

• A. The City shall regulate the repair, replacement, maintenance, improvement of nonconforming uses, buildings, and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and to avoid an increase in flood damage potential or increase the degree of obstruction to flood flows in the floodway.

• B. The nonconformity provisions of this Ordinance do not prohibit the City from enforcing an ordinance that applies to nonconforming adult uses (adult bookstores, adult theaters, or similar adult use businesses). The City may enact, amend, or enforce and ordinance providing for the elimination or termination of adult uses by amortization, even if such use was lawful at the time of its inception.

(Ord. 493, passed 06-22-23)

1030.020: - ACCESSORY BUILDINGS, STRUCTURES, USES AND EQUIPMENT

Subd. 1. Permits Required.

• A. A building permit is required for all accessory buildings, except:

1. Agricultural buildings as defined by this Chapter. These buildings shall not require a building permit, but shall be required to obtain a Certificate of Compliance from the City prior to beginning construction and shall comply with all other zoning Ordinance standards and permit requirements.

2. Accessory structures less than 200 square feet in area. These buildings shall be required to meet all setback requirements.

Subd. 2. Time of Construction. No accessory building shall be constructed or developed on a lot prior to the construction of the principal building, except for agricultural buildings as defined by this Ordinance and allowed by this Section.

Subd. 3. Location.

• A. Except in the UR and RR districts, no accessory building, structure, or use shall be allowed within a front yard.

• B. Detached accessory structures shall have a minimum building separation of 10 feet from the principal building.

• C. Accessory structures located on through lots may be located between the rear of the principal building and the public right-of-way.

• D. Recreation equipment such as play apparatus, swing sets and slides, sandboxes, tree houses, above or in-ground swimming pools, hot tubs, play houses, etc. shall comply with the minimum accessory structure setbacks.

• E. Setbacks

  1. Setbacks for accessory buildings in the UR and RR district shall comply with the following:

     • a. Front - same as underlying zoning district

     • b. Side - 20 feet

     • c. Rear - 15 feet

     • d. Agricultural uses shall be a minimum of 100 feet from all property lines, unless the agricultural use is an animal shelter and said shelter is no more than one-half the total allowable square footage as set forth in Subd. 4(E) of this Section, in which case said shelter may be set back a minimum of 25 feet from the property line and 75 feet from neighboring residences.

  2. Setbacks for accessory buildings in the urban residential zoning districts shall comply with the following:

     • a. Front - no accessory building shall be located in the front yard

     • b. Side - 10 feet

     • c. Rear - 10 feet

3. Setbacks for accessory buildings in the non-residential zoning districts shall comply with the following:

   • a. Front - no accessory building shall be located in the front yard

   • b. Side - 10 feet

   • c. Rear - 10 feet

   • d. Adjacent to residential - accessory buildings shall comply with the minimum setback requirements for principal structures in the district.

Subd. 4. Size.

• A. Attached garages with a footprint of less than 1,000 square feet shall not be considered as part of the maximum footprint for purposes of the detached accessory structure calculations. However, attached accessory space in excess of the initial 1,000 square feet shall be counted towards the maximum allowable detached accessory building footprint.

• B. The footprint of above grade or below grade swimming pools and 1 accessory structure of less than 200 square feet shall not be included in the calculation of maximum allowable area of accessory structures.

• C. A maximum of one fish house shall be permitted to be stored on a property and shall meet all accessory structure setback requirements. Such structures 200 square feet in area or greater shall be counted toward the allowed detached accessory area.

• D. Except in the UR and RR districts, a conditional use permit is required for construction of more than one detached accessory building with a footprint in excess of 200 square feet.

• E. The maximum allowable total or accumulated footprint (total footprint of all accessory structures) for detached accessory buildings in the Urban Reserve and Rural Residential districts shall be as follows:

• F. In the non-residential and urban residential districts, the maximum size of accessory buildings shall not exceed 1,000 square feet or 25 percent of the area of the rear yard, whichever is less.

• G. Non-agriculture accessory buildings that would result in more than the 3,969 square feet allowed by this Section shall only be permitted on parcels located in the UR or RR district and 10 acres or more in size with a conditional use permit and subject to the following criteria:

  1. The proposed use shall be in conformance with all City regulations.

  2. A certificate of survey shall be required that identifies all existing structures on site, including buildings, septic sites and wells. In addition, the survey shall include the proposed structure, flood plain, wetlands, and any recorded easements.

  3. Applicable criteria as outlined in Section 1070.020 (Conditional Use Permits) of the Corcoran Zoning Ordinance.

  4. The building materials standards required by this Section have been met.

• H. Agricultural buildings that would result in more than the 3,969 square allowed by this Section shall only be permitted on parcels 10 acres or more in size with a Certificate of Compliance from the City and subject to the following criteria:

  1. The proposed use shall be in conformance with all City regulations.

2. A certificate of survey shall be required that identifies all existing structures on site, including buildings, septic sites and wells. In addition, the survey shall include the proposed structure, flood plain, wetlands, and any recorded easements.

   3. The building materials standards required by this Section have been met.

   4. The agricultural building is used for agricultural purposes only.

• I. Agricultural buildings in excess of the size limitations allowed by Subd. 4 (E) of this Section shall be allowed by conditional use permit on parcels that are located in the UR or RR district and are less than 10 acres in size, but are adjacent to actively farmed land under the same ownership or ownership by the landowner in a recognized legal relationship, shall be allowed subject to the following criteria:

  1. The proposed use shall be in conformance with all City regulations.

  2. A certificate of survey shall be required that identifies all existing structures on site, including buildings, septic sites and wells. In addition, the survey shall include the proposed structure, flood plain, wetlands, and any recorded easements.

  3. The building materials standards required by this Section have been met.

  4. The applicant provides proof of ownership as required above.

  5. The agricultural building is used for agricultural purposes only.

• J. Agricultural buildings shall be allowed as a principal use by conditional use permit on parcels that are actively farmed, are located in the UR or RR district and are located adjacent to the farmstead under the same ownership or ownership by the landowner in a recognized legal relationship, shall be allowed subject to the following criteria:

  1. The proposed use shall be in conformance with all City regulations.

  2. A certificate of survey shall be required that identifies all existing structures on site, including buildings, septic sites and wells. In addition, the survey shall include the proposed structure, flood plain, wetlands, and any recorded easements.

  3. The building materials standards required by this Section have been met.

  4. The applicant provides proof of ownership as required above.

  5. The agricultural building is used for agricultural purposes only.

Subd. 5. Building Height.

• A. Sidewall height shall be measured from the base of the structure to the bottom of the eave on the exterior sidewalls.

• B. All accessory structures shall be constructed with eaves and overhangs that are a minimum of 12 inches in length.

==> picture [264 x 148] intentionally omitted <==

• C. The maximum sidewall height of an accessory building constructed in the front or side yard is 10 feet and a maximum sidewall height of an accessory building constructed in the rear yard is 13 feet, 6 inches, except:

1. Multi-story accessory building may be allowed by administrative permit to exceed these height limits, provided the structure does not exceed the height of the principal structure. All multi-story accessory buildings shall include a minimum of two different building materials and building articulation to add architectural interest to the building elevations.

   2. Agricultural buildings may be allowed by Certificate of Compliance to exceed these height limits, provided the structure does not exceed the building height limitations of the zoning district in which it is located.

   3. Accessory buildings with accessory dwelling units may exceed these height limits when approved as part of the applicable review process for the accessory dwelling unit provided all other performance standards for accessory buildings are met.

• D. Any building that does not meet the standards above may only be permitted to exceed the allowable building height with a conditional use permit and subject to the following criteria:

  1. The proposed use shall be in conformance with all City regulations.

  2. A certificate of survey shall be required that identifies all existing structures on site, including buildings, septic sites and wells. In addition, the survey shall include the proposed structure, flood plain, wetlands, and any recorded easements.

  3. Applicable criteria as outlined in Section 1070.020 (Conditional Use Permits) of the Corcoran Zoning Ordinance.

  4. The building materials standards required by this Section have been met.

  5. The proposed building will be compatible with surrounding land uses.

Subd. 6. Architectural Standards.

• A. Accessory buildings on parcels 2 acres or smaller must comply with the building material standards in Section 1060.050, Subd. 1(B) of the Zoning Ordinance.

B.

Building materials must comply with performance standards in Section 1060.050, Subd. 1(D) of the Zoning Ordinance.

• C. Accessory buildings constructed primarily of canvas, plastic, or other similar non-permanent building materials shall be prohibited. All accessory buildings must meet Minnesota State Building Code requirements.

(Ord. 348, passed 05-25-17, Ord. 427, passed 08-26-21, Ord. 442, passed 11-22-21, Ord. 508, passed 10-2623, Ord. 510, passed 10-26-23)

1030.030: - MINIMUM RESIDENTIAL BUILDING STANDARDS

Subd. 1. Homes must be placed on a permanent foundation which complies with the Minnesota State Building Code.

Subd. 2. Single family detached homes must have a minimum floor area of 1,100 square feet.

Subd. 3. Single family detached homes must have a minimum width of 24 feet.

Subd. 4. Dwelling Unit Restrictions. No model home, cellar, garage, tent, travel trailer, basement with unfinished structure above or accessory building shall at any time be used as a dwelling unit, except as may be allowed on a temporary basis in an emergency by the City Council or as otherwise allowed by the Zoning Ordinance.

1030.040: - TEMPORARY STRUCTURES

Subd. 1. Opt Out of M.S. § 462.3593. Pursuant to authority granted by M.S. 462.3593, subd. 9, the City of Corcoran opts out of the requirements of M.S. § 462.3593, which defines and regulates Temporary Family Health Care Dwellings.

Subd. 2. Temporary Structures (including manufactured homes on a temporary basis) shall only be permitted as provided below:

• A. Reconstruction. During the reconstruction of a home that has been damaged or destroyed and is uninhabitable, the City Council may grant a permit for a period not to exceed one year for a temporary structure in any zoning district.

• B. The City Council may grant an Interim Use Permit with stipulated time limitations for the temporary utilization of manufactured homes or other temporary structures as living quarters when a special hardship is found to exist. Such hardship shall be generally a result of age or a physical handicap of a blood relative. The following conditions shall apply in such situations:

Any person requiring such temporary habitation shall make application to the City Council for an Interim Use Permit. The request shall state the location, type of structure, length of time the structure will be used, and the reason for the need of such structure.

2. The Building Official shall review each proposal and report his findings and recommendations to the Council.

3. If the City finds that the public health, safety, morals and general welfare will not be impaired and will not be affected adversely, it may grant a temporary habitation, provided that the person so applying shall enter into a written agreement with the City as to when such occupation is to cease. No permit for temporary habitation shall be granted for a period longer than one year, and the City may revoke such permit upon 90 days written notice if and when it finds:

   • a. That the public health, safety, morals or general welfare are being impaired by such habitation.

   • b. That the continued existence of such habitation conflicts with the City's Comprehensive Plan.

   • c. The temporary habitation structure has been abandoned or put to any use other than that stated in the application as the reason for the need of such habitation.

   • d. That the value of public or private property is being affected adversely thereby.

4. Extensions of such permits may be obtained only by reapplying to the City for an Interim Use Permit amendment.

5. The sanitary sewer and water supply serving temporary habitation shall comply with all applicable rules, regulations and standards of the State Board of Health and of the County of Hennepin.

6. Any material used to insulate around the exterior of or underneath such temporary habitation shall be noncombustible and nontoxic.

• C. The City Council may also grant an Interim Use Permit with stipulated time limitations for any other temporary structures without a determination of hardship provided these temporary structures are not used for habitation. The following conditions shall apply in such situations:

1. Any person desiring a temporary structure shall make application to the City Council for an Interim Use Permit. The request shall state the location, type of structure, length of time the structure will be used, and the reason for the need of such structure.

   2. The Building Official shall review each proposal and report his findings and recommendations to the Council.

If the City finds that the public health, safety, morals and general welfare will not be impaired and will not be affected adversely, it may grant an Interim Use Permit, provided that the person so applying shall enter into a written agreement with the City as to when such use is to cease.

4. No permit for temporary structures (except as provided for in Subsections A and B above) shall be granted for a period longer than one year, and the City may revoke such permit upon 90 days written notice if and when it finds:

   • a. That the public health, safety, morals or general welfare are being impaired by such temporary structure.

   • b. That the continued existence of such use conflicts with the City's Comprehensive Plan.

   • c. The temporary structure has been abandoned or put to any use other than that stated in the application as the reason for the need of such use.

   • d. That the value of public or private property is being affected adversely thereby.

   • e. The provisions of this Section, in no way limit the City's ability to immediately order the removal of any temporary structure determined to be a significant threat to public health and safety.

1030.050: - RELOCATED STRUCTURES

Subd. 1. Application. Before any house or other structure is moved, an application for building permit shall be made and the property owner or his designated representative shall complete a questionnaire on the structure.

Subd. 2. Inspection. The Building Official shall make a preliminary inspection to determine that the structure meets all State building codes and City ordinances.

Subd. 3. If the structure does not meet these regulations, the owner must present complete and detailed plans to the Building Official showing the changes to be made in order to bring the structure up to Code.

Subd. 4. The Building Official must review the plans and present them to the Planning Commission for their review and recommendation to the City Council.

Subd. 5. No Building Permit will be issued until the owner has agreed in writing that the entire building will be completed within a period of 6 months, the fee has been paid, and performance bond or certified check guaranteeing completion of said changes and equal to at least 1½ times the estimated finished value of the building has been posted with the City.

1030.060: - GRADING AND LAND DISTURBANCE

All grading and construction activity that results in disturbance of the ground shall comply with Minnesota Pollution Control Agency's General Stormwater Permit for Construction Activity No. MN R10001, the Minnesota Stormwater Manual, Chapter 54 of the City Code, and all other applicable City Ordinances.

Every person, prior to commencing any land disturbing activities, shall apply for and secure all applicable permits from the City.

(Ord. 450, passed 02-24-22)

1030.070: - BULK STORAGE (LIQUID)

All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of and have appropriate permits indicating compliance with the Minnesota State Fire Code and Minnesota Department of Agriculture regulations.

1030.080: - HEIGHT LIMITATIONS

Subd. 1. The building height limits established herein for districts shall not apply to the following:

• A. Belfries.

• B. Chimneys or flues.

• C. Church spires.

• D. Cooling towers.

• E. Cupolas and domes which do not contain useable space.

• F. Elevator penthouses.

• G. Flag poles.

• H. Monuments.

• I. Parapet walls extending not more than 3 feet above the limiting height of the building.

• J. Water towers.

• K. Poles, towers and other structures for essential services.

• L. Necessary mechanical and electrical appurtenances.

• M. Television and radio antennas not exceeding 20 feet above roof (not including telecommunications towers regulated by Section 1060.100).

Subd. 2. No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than 25 percent of the area of such roof nor exceed 10 feet unless otherwise noted.

1030.090: - ESSENTIAL SERVICES

Subd. 1. It is illegal, for any person to construct, operate or maintain an essential public service in the City, except in conformance with this Ordinance.

Subd. 2. Essential services, as defined herein, shall be permitted in any zoning district of the City by administrative permit issued by the City of Corcoran. The permit shall be processed according to the following:

• A. Prior to the installation of any essential public services, the owner of such service shall file with the City all maps and other information as deemed necessary by the City of Corcoran to review the proposed project.

• B. The City shall consider the effect of the proposed project upon the health, safety and general welfare of the City, as existing and anticipated, and the effect of the proposed project upon the Comprehensive Plan.

• C. For essential public services that will include permanent structures, a site plan must also be submitted for review and approval by the Zoning Administrator. The site plan shall be reviewed for compliance with the standards outlined in this Section. The site plan may be approved administratively.

• D. Upon approval by City staff, a permit shall be issued for installation and operation of the essential services.

Subd. 3. Essential services must comply with all federal, State and local rules and regulations pertaining to their construction, maintenance and operation.

Subd. 4. Performance Standards.

• A. Except for electrical lines, phone lines, cable television lines, gas lines and similar linear facilities, all essential public services in the Agricultural and Residential zoning districts shall be located on land at least one acre in size. In all other zoning districts, parcels of land for essential services must be at least 1 ½ times the minimum lot area required in the zoning district.

• B. Utility substations and communications antennas permitted by the Corcoran City Code and this Ordinance shall be encouraged to be located on the same parcel; however, the parcel shall be large enough so that all structures and facilities comply with the required setbacks for the zoning district.

• C. The site shall be landscaped and maintained in accordance with Section 1060.070 (Landscaping) of this Ordinance. All above grade lift stations, pump stations, substations and similar structures not located in a building shall be screened.

• D. Buildings and structures shall be constructed to be compatible with the size, color, appearance and character of other structures in the zoning district.

• E. Facilities and equipment shall be removed within 6 months of becoming unnecessary or obsolete.

Subd. 5. Special Districts. Essential public services located in a special overlay district shall comply with the requirements and development guidelines in that district.

Subd. 6. All electrical, cable television, phone lines and similar facilities serving new development within the urban service area shall be located underground.

1030.100: - HOME OCCUPATIONS

Subd. 1. Purpose. The purpose of this Ordinance is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this Ordinance is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations, so that appropriate, permitted home occupations may be allowed outright or through an administrative process rather than a legislative hearing process.

Subd. 2. Application. Subject to the non-conforming use Section and other applicable provisions of this Ordinance, all occupations conducted in the home and accessory buildings located on the homestead site shall comply with the provisions of this Ordinance.

Subd. 3. Procedures and Permits. Whenever used in this Ordinance, the phrase "Home Occupation" shall include Allowed Home Occupations, Special Home Occupations and Conditional Home Occupations.

• A. An Allowed Home Occupation, as defined in this Ordinance, shall not require a permit as long as all of the criteria in Subd. 4 and Subd. 5 of this Section are satisfied.

• B. Any Special Home Occupation, as defined in this Ordinance, shall require an administrative permit, as outlined in Subd. 7 of this Section.

• C. A Home Occupation License shall be required for any Conditional Home Occupation as described in Subd. 8; which license shall be processed by the Planning Commission as outlined in Section 1070.030 (Interim Use Permit) of the Zoning Ordinance.

Subd. 4. General Standards for Allowed and Special Home Occupations. All Allowed Home

Occupations and Special Home Occupations shall comply with the following general provisions:

• A. No Home Occupation shall produce light, glare, noise, fumes, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

• B. No equipment shall be used in the Home Occupation that will create electrical interference to surrounding properties. No equipment shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in the voltage off the premises.

• C. Any Home Occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

• D. No Home Occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and State fire and police recommendations.

• E. There shall be no exterior evidence visible from public roads or adjacent parcels of the Home Occupation, including but not limited to storage of material, equipment, supplies, garbage dumpsters, etc. Personal vehicles [not to exceed 12,000 gross vehicle weight (GVW)] used in the Home Occupation, which comply with applicable provisions of this Ordinance, may be parked on the site.

• F. The area used for the Home Occupation shall meet all applicable fire and building codes.

• G. There shall be no exterior display or exterior signs or interior display or interior signs that are visible from outside the dwelling advertising the Home Occupation.

• H. All Home Occupations shall comply with the provisions of the City Code.

• I. An Allowed or Special Home Occupation shall not include work staging areas or employees reporting to the home occupation site to receive work assignments and working elsewhere.

• J. The applicant shall demonstrate, in a manner found acceptable to the City Building Inspector that such use is within the capabilities of the property's sewage treatment system.

• K. No Allowed Home Occupation or Special Home Occupation shall employ any person at the home site location who does not reside in the dwelling unit.

Subd. 5. Allowed Home Occupations. A Home Occupation meeting all of the requirements of Subd. 4, as well as the following criteria shall be an Allowed Home Occupation and may be conducted without a permit or fee:

• A. The Allowed Home Occupation shall be located within the principal dwelling on the property, except that a business office or computer workstation may be maintained in any permitted structure.

• B. No customer visits to the premises shall be permitted.

• C. No deliveries other than those routinely made in a residential district (U.S. Mail, United Parcel Service, etc.) shall be permitted.

Subd. 6. Special Home Occupation - Administrative Permit.

• A. This permit may be issued by the City Administrator or assigned staff based upon proof of compliance with the provisions of this Section. Application for the permit shall be submitted to the City with an associated fee as established by the City Council. Prior to issuance of the permit, a notice of intent shall be sent to all property owners within 500 feet of the perimeter of the applicant's property. The notice shall request that written comments be forwarded to the City Administrator within 10 days of the date of the notice. Upon expiration of the comment period, the City Administrator shall determine if a permit should be issued, denied, or forwarded to the City Council. Notice of the decision shall be sent to all persons who have submitted written comment. The applicant or a noticed property owner may appeal a decision of the City staff to the City Council for final decision. Notice of an appeal must be made within 10 business days following the notice of the City Administrator's decision.

• B. Except as modified by this Subd. 7, all Special Home Occupations shall comply with the requirements of Subd. 5 and Subd. 6. A Special Home Occupation-Administrative Permit shall be required for Home Occupations that are not otherwise permitted under Subd. 5 and subject to the following criteria:

  1. Services may be provided to customers on site provided no more than 2 additional parking stalls are necessary for customer parking and the spaces shall be provided on the lot. The Home Occupation shall not add more than 10 daily, non-residential vehicle trips to or from the property.

  2. A single vehicle up to 26,000 lb. GVW may be allowed by Administrative Permit. The City Administrator shall consider the vehicle size in relation to the intended use, the road surface, the character of the neighborhood, number of vehicle trips and any other relevant matters in deciding whether to issue an Administrative Permit.

Subd. 7. Conditional Home Occupation License (CHOL).

A.

All Home Occupations not defined as Allowed or Special shall be defined as Conditional Home Occupations and will require a Conditional Home Occupation License (CHOL) to be issued, subject to review and approval by the City Council. The CHOL shall be processed by the Planning Commission pursuant to Section 1070.030 (Interim Use Permit) of the Corcoran Zoning Ordinance. A CHOL is not a conditional use permit, but a license personal to the individual applicant and the particular business for which the application is made. If the business ceases, if ownership of the business changes, or if the individual to whom a license has been issued ceases to own the subject premises, the CHOL is automatically revoked.

30 (Interim Use Permit) of the Corcoran Zoning Ordinance. A CHOL is not a conditional use permit, but a license personal to the individual applicant and the particular business for which the application is made. If the business ceases, if ownership of the business changes, or if the individual to whom a license has been issued ceases to own the subject premises, the CHOL is automatically revoked.

• B. All applicants must demonstrate, to the satisfaction of the Planning Commission and City Council, the need for the CHOL. All applications will be reviewed and analyzed, taking into consideration the general health, safety and welfare of the community as a whole. The Planning Commission and the City Council shall consider the following standards and criteria when reviewing an application for a CHOL:

  1. The nature and general character of the geographic area in which the CHOL property is located. The City may consider, in addition to other factors and not by way of limitation, the existence and condition of gravel and paved roads in the area, existence and proximity of collector, County and State roadways in the area, CHOL lot area, the proximity of CHOL operations to neighboring residences, size of neighboring lots, and use of neighboring properties.

  2. Consideration shall be made for potential property devaluation of adjacent and surrounding properties.

  3. Nuisance factors shall be considered, including but not limited to sight, odor, light, glare and noise, and any other nuisance factors that may result from issuance of the CHOL.

  4. Environmental concerns, including but not limited to drainage, wastewater, wells and wetland issues.

  5. Compliance with Section 1030.020 (Accessory Buildings, Structures, Uses and Equipment) of the Zoning Ordinance and with other relevant Code sections.

  6. Impact on the neighboring properties shall be considered before issuing a CHOL.

• C. Conditional Home Occupations with seasonal retail sales may be allowed one temporary freestanding or wall sign as allowed by Section 84.04 (10) of the City Code.

Subd. 8. Employees; On-Site/Staging for Work Off-Site.

A.

For home occupation businesses existing on May 24, 2001, the City Council may allow up to 2 full-time equivalent on-site employees or up to 4 employees reporting on-site for the purpose of staging work to be performed off-site, or any combination of the two not to exceed 2 full-time equivalent employees working on-site or 4 employees in total. The applicant must prove that the applicant had employees, as outlined above, on or within the 9 months prior to May 24, 2001, to qualify for employees.

• B. The actual number of on-site employees or employees permitted on-site for work staging will depend on all factors considered in issuing the CHOL.

• C. No home occupations that come into existence after May 24, 2001, shall be permitted to have on-site employees or employees on-site for the purpose of staging work to be performed offsite.

• D. For purposes of this Section, employees shall include independent contractors, part-time or seasonal employees.

Subd. 9. Exceptions. Day Care home facilities and group family Day Care home facilities that are licensed by the State are exempt from the requirements of this Ordinance.

Subd. 10. Denial of CHOL.

• A. In the event the City Council denies a CHOL, findings of fact shall be prepared to support the denial and shall be provided to the applicant.

Subd. 11. Ordinance Administration.

• A. Upon adoption of the Home Occupation Ordinance on August 9, 2001, all individuals operating a business not otherwise permitted by this Ordinance were required to make application for a CHOL and receive approval.

• B. Immediately following the passage of this Ordinance, the City shall commence the process of identifying all existing Home Occupations that will require permits and shall give written notice to the owner of the property requiring that application be made within 30 days.

• C. Legal, non-conforming Home Occupations shall be allowed to continue until such time as the homeowner ceases to operate the home occupation, ownership of the business is transferred, or the property is sold.

• D. There shall be an application fee for the permits and license issued under this Ordinance, together with an annual license fee; all such fees to be set from time to time by resolution of the City Council.

E.

All permits issued under this Ordinance shall be reviewed by the City every 3 years from the date of issuance for a determination that the existing Home Occupation, considered in light of the existing standards and criteria, still warrants the issuance of a license. The City may revoke or modify an administrative permit or CHOL upon a finding that conditions have changed to warrant revocation or modification of the license.

Subd. 12. Violations/Penalty.

• A. Any person violating this Section, upon conviction, is guilty of a misdemeanor and subject to a maximum fine or a maximum period of imprisonment, or both, as specified by Minnesota Statutes §609.03.

• B. The City may also seek injunctive relief or other equitable relief for violation of this Ordinance in Hennepin County District Court. If the City is successful in seeking the injunction, or other equitable relief, the property owner shall be responsible for all costs associated with the action, including reasonable attorney's fees.

• C. Mandatory cleanup of a property in violation of this Section shall be required as part of any resolution to a violation.

• D. The City hereby reserves the right, upon approval of any home occupation, and upon reasonable notice, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions imposed.

• E. Violations of any provisions or conditions of the home occupation regulations may result in the revocation of either the administrative permit or the CHOL following a public hearing in compliance with the Administrative Procedures Act.

(Ord. 510, passed 10-26-23)

SECTION 1040: - DISTRICT REGULATIONS

1040.010: - ESTABLISHMENT OF DISTRICTS

Subd. 1. Uses Not Provided for Within Zoning Districts. Whenever in any zoning district a use is not specifically allowed as a permitted, accessory, conditional use, interim use or administrative permit, the use shall be considered prohibited. In such cases, the City Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Planning Commission or property owner, upon receipt of the staff study may initiate an amendment to the Zoning Ordinance to provide for the particular use under consideration or may find that the use is not compatible for development within the City.

Subd. 2. Other Regulations. In addition to the regulations and standards in this Section, all uses and structures shall be subject to all other regulations outlined in this Zoning Ordinance and shall comply with all local, State and Federal laws, rules and regulations.

Subd. 3. Minimum Requirements. The provisions of this Ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety and welfare.

Subd. 4. Zoning Map. The locations and boundaries of the districts established by this Ordinance are hereby set forth on the Corcoran, Minnesota Zoning Map. The map is hereby made a part of this Ordinance and shall be known as the "Corcoran, Minnesota Zoning Map." The map and all notations, references and data shown thereon are hereby incorporated by reference into this Ordinance and shall be as much a part of it as if all were fully described herein. It shall be the responsibility of the City Planner to maintain the map and record map amendments within 30 days after official publication of amendments. The official Zoning Map shall be kept on file in City Hall.

Subd. 5. Zoning District Boundaries. The boundaries between districts are, unless otherwise indicated, either the centerline of streets, alleys or railroad rights-of-way or lot lines or section lines or such centerlines or lot lines parallel or perpendicular thereto.

Subd. 6. Future Annexations. Any land annexed to the City in the future shall be placed in the Urban Reserve (UR) district until another zoning classification is approved by action of the City Council after receipt of the recommendation of the Planning Commission.

Subd. 7. Establishment of Zoning Districts. The City is divided into the following districts and overlay districts:

• A. Urban Reserve (UR) District

• B. Rural Residential (RR) District

• C. Single Family Residential (RSF-1) District

• D. Single Family Residential (RSF-2) District

• E. Single and Two-Family (RSF-3) District

• F. Medium Density Residential (RMF-1) District

• G. Mixed Residential (RMF-2) District

• H. High Density Residential (RMF-3) District

• I. Manufactured home Park (MP) District

• J. Rural Commercial (CR) District

• K. Transitional Rural Commercial (TCR) District

• L. Neighborhood Commercial (C-1) District

M.

Community Commercial (C-2) District

• N. Business Park (BP) District

• O. Light Industrial (I-1) District

• P. Downtown Mixed Use (DMU) District

• Q. General Mixed Use (GMU) District

• R. Planned Unit Development (PUD) District

• S. Public/Institutional (PI) District

• T. Wetland Overlay District (W)

• U. Shoreland Overlay District (S)

• V. Floodplain Overlay District (FP)

1040.020: - URBAN RESERVE DISTRICT (UR)

Subd. 1. Purpose. The intent of the Urban Reserve district is to preserve areas where urban services are planned, as shown on the 2040 Comprehensive Plan, but not yet available. The large minimum lot area will retain these lands in their natural state or as agricultural uses until sanitary sewer, water, streets and other public infrastructure is available and new development occurs. This will allow orderly development to occur. The purpose of this district is to provide a holding zone until a landowner/developer makes application for development, at which time the City may rezone the affected property consistent with its designation in the Comprehensive Plan, provided that the development does not result in the premature extension of public utilities, facilities, and services as specified above. The district does allow limited use of development rights prior to sewer and water services through clustering of lots as outlined in Subd. 7. of this Section.

Subd. 2. Permitted Uses.

• A. Agriculture and Tree Farms.

• B. Day Care Facilities, Home.

• C. Dwelling, Single Family Detached.

• D. Seasonal Produce Stands.

• E. Residential Facility in a single family detached dwelling, serving 6 or fewer individuals and licensed by the State.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Fences as regulated by Section 1060 (Performance Standards) of this Chapter.

• E. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.

• G. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.

• H. Signs as regulated by the City Code.

• I. Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with City and State requirements.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Commercial Feedlots, subject to MPCA (Minnesota Pollution Control Agency) requirements.

• B. Commercial Riding Stables, subject to Chapter 81 of the City Code.

• C. Golf Courses and other outdoor recreational facilities of a commercial nature.

• D. Greenhouses and Nurseries, subject to the following:

1. When abutting a residential use or district, the property shall be screened and landscaped in accordance with this Chapter. All structures shall be set back at least 100 feet from any residential property line.

   2. On-site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture.

   3. Adequate off-street parking is provided on an improved surface as required by this Ordinance.

   4. Adequate parking, loading and maneuvering areas shall be provided.

   5. Loading areas are screened from adjacent residential uses.

   6. Well and Septic Systems can be accommodated on site to serve the proposed facility.

   7. Not more than 30 percent of the site area shall be covered with buildings or other structures.

   8. Hours for retail sale of product to customers shall be limited to 7:00 a.m. to 9:00 p.m.

   9. Lighting shall comply with all ordinance requirements. If more than 25 percent of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.

   10. The site complies with the minimum lot area standards for the district.

   11. Sale of accessory items shall be permitted, provided they do not generate more than 20 percent of the sales (measured by retail value or sales volume) for the business nor cover more than 10 percent of the site area.

   12. At least 50 percent of the nursery stock to be sold on site must be grown on site.

   13. The provisions of Section 1070.020 of this Ordinance are considered and satisfactorily met.

• E. Living quarters, which are provided accessory to a principal agricultural use, subject to the following:

  1. The living quarters are not used as rental property.

  2. A maximum of one such accessory dwelling shall be allowed.

  3. There is a demonstrated need for such a facility for the permitted agricultural use.

  4. The farm includes a minimum of 30 acres.

  5. The structure complies with all other Zoning Ordinance requirements.

• F. Towers and Antennas (freestanding) as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance.

• B. Development in the 2040 Metropolitan Urban Service Area (MUSA)(as depicted on the official Zoning Map) prior to availability of municipal sewer and water, subject to the following:

  1. The proposed development is consistent with the Land Use Plan in the adopted Comprehensive Plan, including applicable density goals.

  2. The subject property is classified as Mixed Use in the City's adopted Comprehensive Plan.

3. The proposed development will not preclude full utilization of the site development potential when municipal infrastructure services are available.

   4. The applicant agrees to connect to municipal infrastructure, including, but not limited to: sanitary sewer, water and stormwater, upon its availability to the site.

   5. The applicant agrees to pay all area charges and connection fees upon connection to municipal infrastructure.

   6. The applicant agrees to put a cash reserve into a third party escrow account for the amount estimated by the City for the fees to be paid upon arrival of municipal infrastructure. The applicant understands that the fees are an estimate only and will enter

into a written agreement with the City to pay all fees based on the City fee schedule in place at the time of connection.

7. The applicant will sign an assessment waiver for future assessments for public infrastructure.

8. The applicant will provide a removable on-site septic as a temporary means to address sewer prior to extension of municipal sanitary sewer.

9. The applicant will provide temporary on-site wells or will reach an agreement with an adjacent community to provide a temporary water service to the site until municipal water is provided by the City of Corcoran.

10. The applicant shall be responsible for all costs associated with the temporary sewer and water services and these costs shall not be credited against the infrastructure area charges and connection charges due when municipal infrastructure is provided.

• C. Event Centers, subject to the following:

  1. Access to the site must be from a paved road.

  2. The hours of operation shall be no later than 10:00 p.m. on Sunday through Thursday and midnight on Friday and Saturday.

  3. The number of guests will be approved by the City based on the size of site, structures, parking availability, and other relevant factors.

  4. Noise from an event shall comply with Section 82.04 Subd. 4 of the City Code.

  5. No sound amplifications systems may be used outdoors after 10:00 p.m.

  6. Sanitary facilities adequate for the number of attendees shall be provided as determined by the adopted Minnesota State Building Code, as may be amended from time to time. Portable toilets may be approved for temporary use and must be screened from view from roads and neighboring properties by landscaping or a wooden enclosure. No portable toilets shall be located closer than 400 feet from a neighboring residential structure.

  7. Off street parking shall be provided to accommodate 1 stall per 2 guests. Off street parking shall meet the same minimum setbacks as the principal structures in the zoning district. Off street parking must be on an improved surface such as class 5 gravel or pavement.

  8. Screening may be required for outdoor facilities related to the event center and may include permanent landscaping, berms, fences, or walls.

  9. Lighting shall comply with all ordinance requirements in Section 1060.040 of the Zoning Ordinance.

  10. No overnight camping shall be allowed as part of an event center.

11. As part of the IUP, the City may approve signage for the event center. Consideration shall be given to the sign area, height, location and potential impacts on adjacent properties.

12. Compliance with all applicable regulations including State Health Code, State building codes, and local liquor licensing requirements.

• D. Mining and Soil Processing.

• E. Temporary living quarters, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Accessory Dwelling Unit, subject to the following standards:

  1. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot.

  2. An attached or detached unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit.

  3. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 960 square feet, whichever is less.

  4. Unless otherwise specified in this Subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 1030 of this Chapter. In evaluating how a detached accessory dwelling unit fits within the size limitations outlined in Section 1030, only the footprint of the accessory dwelling unit is subject to the accessory structure size limit provided for all zoning districts.

  5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, colors, and materials as the principal building on the lot.

  6. The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit.

  7. There shall be no separate ownership of the accessory dwelling unit.

  8. In addition to the parking spaces required for the principal dwelling unit on the lot, 2 offstreet parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this Chapter.

  9. An accessory dwelling unit shall use the same street number as the principal dwelling unit but must include a unique identifier that is consistent with the City's Street Naming and Addressing Policy to ensure compatibility with Hennepin County, the U.S. Postal Service, and emergency service providers. The entryway to an accessory dwelling unit shall include identifying signage and be connected to the driveway with an improved walkway.

  10. Accessory dwelling units are subject to the same height restriction for principal structures as determined by the zoning district but must not exceed the existing height of the principal structure.

• B. Essential Services, as allowed by Section 1030.090.

• C. Special Home Occupations as allowed by Section 1030.100 of this Chapter.

Subd. 7. Clustering Option. This Section provides for optional clustering of lots on those properties with development rights as recorded on the official City of Corcoran "Development Rights Map" on file at City Hall at the time of adoption of this Ordinance. Lots may be considered for clustering based on the following minimum standards:

• A. Clustering shall only be considered on those properties guided for residential land use on the 2030 Comprehensive Plan.

• B. An approval for a rezoning of the property, consistent with the residential land use category of the 2030 Comprehensive Plan shall be made at the same time as the subdivision of the property.

• C. All procedures for a standard subdivision as provided in Section 930 and 935 of the Subdivision Ordinance shall be followed with the addition of the following:

  1. Buildable lots cannot exceed the number of development rights issued to the property. The number of rights is based on Subd. 8 of this Section.

  2. The maximum lot area of each created clustered lot shall not exceed two times the minimum lot area for a single family dwelling in the zoning district that is compatible with the land use category in which the property is located.

  3. The proposed development will not preclude full utilization of the site development potential when municipal infrastructure services are available. A ghost plat shall be designed for all outlot areas at the same time as the Preliminary and Final Plat is reviewed and approved. The ghost plat shall indicate future access, internal road network, future lot divisions and new lot layout based on zoning district requirements along with density as guided by the 2030 future land use plan and connection to municipal infrastructure.

• D. Water and Sewer Systems. All lots shall initially be served by a community well and septic system designed to connect to municipal sewer and water. Design shall be acceptable to the City Engineer. Once municipal sewer and water services are available, all lots shall be required to connect to the municipal system and pay all area charges and connection fees as required by the City policy in place at the time the infrastructure becomes available to serve the development. The community systems may be located within the outlot. A sewage treatment system management plan must be submitted to the City and approved prior to the final plat being recorded.

1. The applicant must provide a management (maintenance, replacement and repair) plan for the community wastewater treatment system. The management plan must be reviewed and approved by the City Council and recorded with the final plat. The plan should clearly identify the following:

   • a. The ownership of the centralized wastewater treatment system.

   • b. An annual schedule for maintenance, inspection and monitoring of the centralized wastewater treatment system.

   • c. Assignment of responsibility for the management of and payment for the centralized wastewater treatment system.

   • d. Contingency plan in the event of failure of the centralized wastewater treatment.

• e. Financial guarantees, covering the estimated cost of maintaining and replacing a centralized system.

  • f. Provisions describing how the sewage treatment portion of the system will be protected from vehicles, animals, humans and other sources of risk.

  • g. The name and license number of the system's designer.

  • h. Provision for cost effective future connection of the wastewater treatment system(s) to urban services within one year after such services are provided at the boundary of the development, with sufficient financial guarantees to ensure no added cost to the City.

  • i. The applicant shall provide a cash reserve into a third party escrow account for the amount estimated by the City for fees to be paid upon arrival of municipal infrastructure. The applicant shall enter into a written agreement with the City to pay all fees based on the City fee schedule in place at the time of connection.

  • j. The applicant shall be required to sign an assessment waiver for future assessments for public infrastructure prior to approval of the Final Plat.

  • k. If financial guarantees for any of the above provisions are part of an association assessment or treasury fund, the City shall be given access to annual audit records, at the expense of the association, to ensure proper funding. If such guarantees are the private responsibility of the developer, the City shall require guarantees from the responsible individual(s).

Subd. 8. Development Rights. This Section identifies the maximum number of residential or nonresidential lots that may be developed. The development rights program is intended to preserve a rural residential environment with active agri-businesses. Development rights shall be calculated based on the total lot area and rounded to the nearest whole number. Development rights shall be as recorded on the official City of Corcoran "Development Rights Map" on file at City Hall.

• A. Landowners shall be permitted one development right for each 10 acres of land.

• B. Additional development rights may be granted to landowners that develop the property as part of an Open Space Preservation plat, as permitted by the Subdivision Regulations.

• C. No lots or outlots shall be allowed to be created without development rights, except in the following circumstances:

  1. When approved as part of an Open Space and Preservation (OS&P) Plat as allowed by Section 940 of the Subdivision Ordinance,

  2. When approved as part of a clustering option as allowed by Subd. 7 of this Section.

Subd. 9. Area Requirements. The following minimum requirements shall be met in the UR district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are state highways and county roads.

(Ord. 308, passed 07-23-15, Ord. 348, passed 05-25-17, Ord. 365, passed 06-28-18, Ord. 374, passed 08-2318, Ord. 393, passed 06-27-19, Ord. 472, passed 12-22-22, Ord. 510, passed 10-26-23, Ord. 532, passed 0822-2024)

1040.030: - RURAL RESIDENTIAL DISTRICT (RR)

Subd. 1. Purpose. The purpose of this district is to provide large lots for single family homes and hobby farms. The district is intended to preserve Corcoran's rural character and its identity as a unique community within the Twin Cities metropolitan area. This district allows residential and agricultural uses that will preserve the rural nature of Corcoran and directly related, complementary uses. Municipal services (sanitary sewer and municipal water) will not be available in these areas.

Subd. 2. Permitted Uses.

• A. Agriculture and Tree Farms.

• B. Cannabis, state licensed cultivation business with no retail component compliant with Corcoran Code Section 119 and 1060.120.

• C. Day Care Facilities, Home.

• D. Dwelling, Single Family Detached.

• E. Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures.

• F. Residential Facility in a single family detached dwelling, serving 6 or fewer individuals and licensed by the State.

• G. Seasonal Produce Stands.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Fences as regulated by Section 1060 (Performance Standards) of this Chapter.

• E. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.

• G. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.

• H. Signs as regulated by the City Code.

• I. Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with City and State requirements.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Accessory Dwelling Unit exceeding 960 square feet, subject to the following standards:

  1. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot.

  2. An attached or detached unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit.

  3. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 1,200 square feet, whichever is less. Accessory dwelling units that do not exceed 960 square feet can be approved through an Administrative Permit as detailed in Section 1040.030, Subd. 6(A).

4. Unless otherwise specified in this Subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 1030 of this Chapter. In evaluating how a detached accessory dwelling unit fits within the size limitations outlined in Section 1030, only the footprint of the accessory dwelling unit is subject to the accessory structure size limit provided for all zoning districts.

   5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, colors, and materials as the principal building on the lot.

   6. The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit.

   7. There shall be no separate ownership of the accessory dwelling unit.

   8. In addition to the parking spaces required for the principal dwelling unit on the lot, 2 offstreet parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this Chapter.

   9. An accessory dwelling unit shall use the same street number as the principal dwelling unit but must include a unique identifier that is consistent with the City's Street Naming and Addressing Policy to ensure compatibility with Hennepin County, the U.S. Postal Service, and emergency service providers. The entryway to an accessory dwelling unit shall include identifying signage and be connected to the driveway with an improved walkway.

   10. Accessory dwelling units are subject to the same height restriction for principal structures as determined by the zoning district but must not exceed the existing height of the principal structure.

• B. Cemeteries and Memorial Gardens.

• C. Commercial Riding Stables, subject to Chapter 81 of the City Code.

• D. Greenhouses and Nurseries, subject to the following:

  1. When abutting a residential use or district, the property shall be screened and landscaped in accordance with this Chapter. All structures shall be set back at least 100 feet from any residential property line.

  2. On-site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture.

  3. Adequate off-street parking is provided on an improved surface as required by this Ordinance.

  4. Adequate parking, loading and maneuvering areas shall be provided.

  5. Loading areas are screened from adjacent residential uses.

  6. Well and Septic Systems can be accommodated on site to serve the proposed facility.

  7. Not more than 30 percent of the site area shall be covered with buildings or other structures.

  8. Hours for retail sale of product to customers shall be limited to 7:00 a.m. to 9:00 p.m.

  9. Lighting shall comply with all ordinance requirements. If more than 25 percent of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.

10. The site complies with the minimum lot area standards for the district.

11. Sale of accessory items shall be permitted, provided they do not generate more than 20 percent of the sales (measured by retail value or sales volume) for the business nor cover more than 10 percent of the site area.

12. At least 50 percent of the nursery stock to be sold on site must be grown on site.

13. The provisions of Section 1070.020 of this Ordinance are considered and satisfactorily met.

• E. Living quarters, which are provided accessory to a principal agricultural use, subject to the following:

  1. The living quarters are not used as rental property.

  2. A maximum of one such accessory dwelling shall be allowed.

  3. There is a demonstrated need for such a facility for the permitted agricultural use.

  4. The farm includes a minimum of 30 acres.

  5. The structure complies with all other Zoning Ordinance requirements.

• F. Places of Worship.

• G. Towers and Antennas (freestanding) as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Temporary living quarters, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

• B. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance.

• C. Event Centers, subject to the following:

  1. The hours of operation shall be no later than 10:00 pm. daily.

  2. The number of guests will be approved by the City based on the size of site, structures, parking availability, and other relevant factors.

  3. Noise from an event shall comply with Section 82.04 Subd. 4 of the City Code.

  4. No sound amplifications systems may be used outdoors after 10:00 p.m.

  5. Sanitary facilities adequate for the number of attendees shall be provided as determined by the adopted Minnesota State Building Code, as may be amended from time to time. Portable toilets may be approved for temporary use and must be screened from view from roads and neighboring properties by landscaping or a wooden enclosure. No portable toilets shall be located closer than 400 feet from a neighboring residential structure.

  6. Off street parking shall be provided to accommodate 1 stall per 2 guests. Off street parking shall meet the same minimum setbacks as the principal structures in the zoning district. Off street parking must be on an improved surface such as class 5 gravel or pavement.

  7. Screening may be required for outdoor facilities related to the event center and may permanent include landscaping, berms, fences, or walls.

  8. Lighting shall comply with all ordinance requirements in Section 1060.040 of the Zoning Ordinance.

  9. No overnight camping shall be allowed as part of an event center.

10. As part of the IUP, the City may approve signage for the event center. Consideration shall be given to the sign area, height, location and potential impacts on adjacent properties.

11. Compliance with all applicable regulations including State Health Code, State building codes, and local liquor licensing requirements.

Subd. 6. Uses by Administrative Permit.

• A. Accessory Dwelling Unit, subject to the following standards:

  1. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot.

  2. An attached or detached unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit.

  3. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 960 square feet, whichever is less.

  4. Unless otherwise specified in this Subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 1030 of this Chapter. In evaluating how a detached accessory dwelling unit fits within the size limitations outlined in Section 1030, only the footprint of the accessory dwelling unit is subject to the accessory structure size limit provided for all zoning districts.

  5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, colors, and materials as the principal building on the lot.

  6. The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit.

  7. There shall be no separate ownership of the accessory dwelling unit.

  8. In addition to the parking spaces required for the principal dwelling unit on the lot, 2 offstreet parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this Chapter.

  9. An accessory dwelling unit shall use the same street number as the principal dwelling unit but must include a unique identifier that is consistent with the City's Street Naming and Addressing Policy to ensure compatibility with Hennepin County, the U.S. Postal Service, and emergency service providers. The entryway to an accessory dwelling unit shall include identifying signage and be connected to the driveway with an improved walkway.

  10. Accessory dwelling units are subject to the same height restriction for principal structures as determined by the zoning district but must not exceed the existing height of the principal structure.

• B. Essential Services, as allowed by Section 1030.090.

• C. Special Home Occupations as allowed by Section 1030.100 of this Chapter.

Subd. 7. Development Rights. This Section identifies the maximum number of residential or nonresidential lots that may be developed. The development rights program is intended to preserve a rural residential environment with active agri-businesses. Development rights shall be calculated based on the total lot area and rounded to the nearest whole number. Development rights shall be as recorded on the official City of Corcoran "Development Rights Map" on file at City Hall.

• A. Landowners shall be permitted one development right for each 10 acres of land.

• B. Additional development rights may be granted to landowners that develop the property as part of an Open Space Preservation plat, as permitted by the Subdivision Regulations.

• C. No lots or outlots shall be allowed to be created without development rights, except when approved as part of an Open Space and Preservation (OS&P) Plat as allowed by Section 940 of the Subdivision Ordinance.

Subd. 8. Area Requirements. The following minimum requirements shall be met in the RR district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are state highways and county roads.

(Ord. 308, passed 07-23-15, Ord. 348, passed 05-25-17, Ord. 365, passed 06-28-18, Ord. 374, passed 08-2318, Ord. 393, passed 06-27-19, Ord. 472, passed 12-22-22, Ord. 510, passed 10-26-23, Ord. 532, passed 0822-2024, Ord. 541, passed 01-09-2025)

1040.040: - RSF-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT

Subd. 1. Purpose. The purpose of the RSF-1 district is to provide large, urban lots for single family homes and directly related complementary uses. The district includes existing neighborhoods that are currently served by private wells and septic systems. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area. New development is intended to create low-density residential areas and to preserve and enhance transitional residential areas between lower and higher densities in areas served by public utilities. Areas zoned RSF-1 are guided Conservation Residential or Low Density Residential on the City's 2040 Comprehensive Plan.

Subd. 2. Permitted Uses.

• A. Day Care Facilities, Home.

• B. Dwelling, Single Family Detached.

• C. Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures.

• D. Residential Facility in a single family detached dwelling, serving 6 or fewer individuals and licensed by the State.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Fences as regulated by Section 1060 (Performance Standards) of this Chapter.

• E. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.

• G. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.

• H. Signs as regulated by the City Code.

• I.

Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with City and State requirements.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Educational facilities, K-12, and Places of Worship, subject to the following:

  1. Setbacks.

     • a. A minimum 50-foot setback from all property lines is required for all structures, parking spaces, drive aisles, and loading areas. The setback on all property lines will increase up to 200-feet based on the building footprint as described below:

• b. Any property lines fronting a county road shall require a minimum setback of 100 feet when the building footprint is 24,000 square feet or less.

• c. Educational facilities and Places of Worship are not eligible for building and parking setback flexibility through additional landscaping as provided in Section 1060.070, Subd. 2., (K) - (J).

2. Maximum Building Height. The maximum structure height is 35 feet, except as allowed by Section 1030.080.

3. Maximum Impervious Surface.

   • a. The total impervious surface coverage shall not exceed 50% of the site.

   • b. The rest of the site shall be landscaped or left in a natural state.

4. Landscaping Zone.

• a. In addition to meeting the landscaping standards in Section 1060.070, Subd. 2 (A) - (I) of the City Code, any portions of the site that abut a residential area shall contain a landscaping zone along the shared property line with a minimum width of the applicable setback established in Section 1040.040, Subd. 4., (A), (1).

  • b. The landscaping zone will consist of evergreen and/or deciduous trees and shrubs with a sufficient density to provide visual buffering to a minimum height of 8 feet. The grade for determining height shall be the grade elevation of the building or use for which the buffering is providing protection. Earth mounding or berms may be used but shall not be used to achieve more than three feet of the required buffer. A fence may also be installed, but not in lieu of the planted landscaping zone. Existing trees, shrubs, and vegetation may be used to meet the landscaping zone requirement when the intent to provide buffering is accomplished.

5. Parking Lot Screening and Landscaping.

   • a. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect glare away from adjoining property, adjacent residential uses, and public rightsof-way and be in compliance with Section 1060.040 of this Chapter.

   • b. Parking areas shall be screened from properties guided or zoned residential and from public streets. Screening to a height of at least 3 feet shall be provided to screen vehicle headlights.

   • c. Parking areas which are 3,000 square feet or greater shall have no less than 350 square feet of land devoted to internal landscaping islands (in addition to required traffic safety islands). The minimum square footage of land devoted to internal

landscaping islands shall increase by 100 square feet for each additional 1,000 square feet of additional parking space. Such islands shall be bound by concrete curbing or comparable curbing as approved by the City Engineer.

6. Site Access. The primary site access shall comply with one of the following:

   • a. The site shall have direct access onto a Major Roadway, which is defined as a Principal Arterial, Minor Reliever, Minor Expander, and Minor Connector roadways; or

   • b. The site will have direct access onto a Major Collector or Minor Collector roadway no more than 1,000 square feet from an intersection with a Major Roadway as identified in the Comprehensive Plan.

7. Noise. Exterior bells or loudspeakers are permitted between the hours of 9 a.m. and 10 p.m.

8. Additional Requirements.

   • a. The City Council may attach additional conditions to the granting of the conditional use permit for the primary use as well as any accessory uses of the site as deemed necessary to protect the residential character of the neighborhood.

• b. As provided for in federal statue 42 U.S.C. 2000cc-3 (e), the City Council may avoid the preemptive force of any provision of Chapter 21C (Protection of Religious Exercise in Land Use and By Institutionalized Person) by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions for the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden.

• B. Residential Facility with seven to sixteen individuals, licensed by the State.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Greenhouses and Nurseries, subject to the following:

  1. When abutting a residential use or district, the property shall be screened and landscaped in accordance with this Chapter. All structures shall be set back at least 100 feet from any residential property line.

  2. On-site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture.

  3. Adequate off-street parking is provided on an improved surface as required by this Ordinance.

  4. Adequate parking, loading and maneuvering areas shall be provided.

  5. Loading areas are screened from adjacent residential uses.

  6. Not more than 30 percent of the site area shall be covered with buildings or other structures.

  7. Hours for retail sale of product to customers shall be limited to 7:00 a.m. to 9:00 p.m.

  8. Lighting shall comply with all ordinance requirements. If more than 25 percent of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.

  9. The site complies with the minimum lot area standards for the district.

  10. Sale of accessory items shall be permitted, provided they do not generate more than 20 percent of the sales (measured by retail value or sales volume) for the business nor cover more than 10 percent of the site area.

  11. At least 50 percent of the nursery stock to be sold on site must be grown on site.

  12. The provisions of Section 1070.020 of this Ordinance are considered and satisfactorily met.

• B. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance.

• C. Seasonal Produce Stands.

• D. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Accessory Dwelling Unit, subject to the following standards:

  1. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot.

2. An attached or detached unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit.

   3. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 960 square feet, whichever is less.

   4. Unless otherwise specified in this Subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 1030 of this Chapter. In evaluating how a detached accessory dwelling unit fits within the size limitations outlined in Section 1030, only the footprint of the accessory dwelling unit is subject to the accessory structure size limit provided for all zoning districts.

   5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, colors, and materials as the principal building on the lot.

   6. The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit.

   7. There shall be no separate ownership of the accessory dwelling unit.

   8. In addition to the parking spaces required for the principal dwelling unit on the lot, 2 offstreet parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this Chapter.

   9. An accessory dwelling unit shall use the same street number as the principal dwelling unit but must include a unique identifier that is consistent with the City's Street Naming and Addressing Policy to ensure compatibility with Hennepin County, the U.S. Postal Service, and emergency service providers. The entryway to an accessory dwelling unit shall include identifying signage and be connected to the driveway with an improved walkway.

   10. Accessory dwelling units are subject to the same height restriction for principal structures as determined by the zoning district but must not exceed the existing height of the principal structure.

• B. Essential Services, as allowed by Section 1030.090.

• C. Special Home Occupations as allowed by Section 1030.100 of this Chapter.

• D. Temporary real estate offices.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the RSF-1 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are state highways and county roads.

**Minimum separation between structures on adjacent parcels shall be 15 feet.

Subd. 8. Design Requirements. Newly constructed single family homes shall be constructed with the following design elements:

• A. Front Elevation:

  1. Definition:

     • i. For the purpose of this Section, front elevation shall be the elevation facing the front lot line on the street of the mailing address for the property when the property has more than one front lot line.

  2. Materials Used:

     • i. The front elevation shall have material consisting of brick, stone, stucco, fiber cement board, redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation

     • ii. Vinyl siding is permitted when combined with the materials listed in Subd. 8.A.2.i of this Section. A minimum of 3 different variations in color, style and/or material is required. For example, if vinyl siding is used, the home shall have combination of each lap, shake or board and batten plus brick or stone. The percentage of each used material/style of materials used shall be shown on the plans.

     • iii. Except for brick, stucco and/or natural or artificial stone, the front elevation shall have no more than 75% of one type of exterior finish. The percentage of materials used shall be shown on the plans.

  3. Architectural Elements:

     • i. The front elevation façade shall consist of doors, windows and variations of the wall face with the use of pilasters or columns, wainscots, canopies or other architectural elements.

4. Design:

     - i. Front elevations shall be varied with a minimum of five different styles provided in the development. 

     - ii. Homes in proximity to each other shall not look alike in terms of the combination of color of siding, accent and roofing materials. The home under consideration will be compared to the two homes on each side and to the three homes directly facing it. 

• B. Garages:

  1. The garage shall not comprise more than 55 percent of the viewable ground floor streetfacing linear building frontage. This standard is based on the measurement of the entire garage structure and not on a measurement of the garage door or doors only. Corner lots are exempt from this requirement on one street elevation.

  2. Garage doors shall be architecturally styled (this includes details such as raised panels, accent color, windows, etc.) to match the exterior design of the home.

• C. Roof:

  1. Roofing materials including asphalt shingles, wood shingles (including shake), concrete, clay, ceramic tile roofs or residential steel roofing material (with hidden fasteners) are required on all roofs.

  2. Overhangs must be a minimum of 12 inches.

• D. Other Elevations:

  1. Equal architectural treatment on all sides of the building (materials, articulation, etc.) shall be used for all new residential construction when located on or visible from a street or public park. Each elevation facing a street or public park should use a minimum of 2 different materials and/or styles compatible with the front elevation as described in this Section. All other elevations shall make a good faith effort to demonstrate that elements of the front elevation have been considered for incorporation on these elevations.

uction when located on or visible from a street or public park. Each elevation facing a street or public park should use a minimum of 2 different materials and/or styles compatible with the front elevation as described in this Section. All other elevations shall make a good faith effort to demonstrate that elements of the front elevation have been considered for incorporation on these elevations.

  2. Each side elevation shall have at least one window or door opening. 

  3. A maximum of 18 inches of the foundation wall may be exposed on any elevation. 

• (Ord. 338, passed 11-21-16, Ord. 348, passed 05-25-17, Ord. 445, passed 12-22-21, Ord. 472, passed 12-2222)

1040.045: - RSF-2 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT

Subd. 1. Purpose. The purpose of the RSF-2 district is to provide urban sized lots for single family homes and directly related complementary uses. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.

New development is intended to create low-density residential areas in moderate lot sizes to meet overall density requirements and provide greater variety in the housing choices. Areas zoned RSF-2 are guided Conservation Residential or Low Density of the City's 2040 Comprehensive Plan.

Subd. 2. Permitted Uses.

• A. Day Care Facilities, State licensed, as defined by statute.

• B. Dwelling, Single Family Detached.

• C. Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures.

• D. Residential Facility in a single family detached dwelling, serving 6 or fewer individuals and licensed by the State.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Fences as regulated by Section 1060 (Performance Standards) of this Chapter.

• E. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.

• G. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.

• H. Signs as regulated by the City Code.

• I. Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with City and State requirements.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Educational facilities, K-12, and Places of Worship, subject to the following:

  1. Setbacks.

     • a. A minimum 50-foot setback from all property lines is required for all structures, parking spaces, drive aisles, and loading areas. The setback on all property lines will increase up to 200-feet based on the building footprint as described below:

• b. Any property lines fronting a county road shall require a minimum setback of 100 feet when the building footprint is 24,000 square feet or less.

• c. Educational facilities and Places of Worship are not eligible for building and parking setback flexibility through additional landscaping as provided in Section 1060.070, Subd. 2., (K) - (J).

2. Maximum Building Height. The maximum structure height is 35 feet, except as allowed by Section 1030.080.

3. Maximum Impervious Surface.

a.

The total impervious surface coverage shall not exceed 50% of the site.

• b. The rest of the site shall be landscaped or left in a natural state.

4. Landscaping Zone.

   • a. In addition to meeting the landscaping standards in Section 1060.070, Subd. 2 (A) - (I) of the City Code, any portions of the site that abut a residential area shall contain a landscaping zone along the shared property line with a minimum width of the applicable setback established in Section 1040.045, Subd. 4., (A), (1).

   • b. The landscaping zone will consist of evergreen and/or deciduous trees and shrubs with a sufficient density to provide visual buffering to a minimum height of 8 feet. The grade for determining height shall be the grade elevation of the building or use for which the buffering is providing protection. Earth mounding or berms may be used but shall not be used to achieve more than three feet of the required buffer. A fence may also be installed, but not in lieu of the planted landscaping. Existing trees, shrubs, and vegetation may be used to meet the landscaping zone requirement when the intent to provide buffering is accomplished.

5. Parking Lot Screening and Landscaping.

   • a. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect glare away from adjoining property, adjacent residential uses, and public rightsof-way and be in compliance with Section 1060.040 of this Chapter.

• b. Parking areas shall be screened from properties guided or zoned residential and from public streets. Screening to a height of at least 3 feet shall be provided to screen vehicle headlights.

  • c. Parking areas which are 3,000 square feet or greater shall have no less than 350 square feet of land devoted to internal landscaping islands (in addition to required traffic safety islands). The minimum square footage of land devoted to internal landscaping islands shall increase by 100 square feet for each additional 1,000 square feet of additional parking space. Such islands shall be bound by concrete curbing or comparable curbing as approved by the City Engineer.

6. Site Access. The primary site access shall comply with one of the following:

   • a. The site shall have direct access onto a Major Roadway, which is defined as a Principal Arterial, Minor Reliever, Minor Expander, and Minor Connector roadways; or

   • b. The site will have direct access onto a Major Collector or Minor Collector roadway no more than 1,000 feet from an intersection with a Major Roadway as identified in the Comprehensive Plan.

Noise. Exterior bells or loudspeakers are permitted between the hours of 9 a.m. and 10 p.m.

8. Additional Requirements.

   • a. The City Council may attach additional conditions to the granting of the conditional use permit for the primary use as well as any accessory uses of the site as deemed necessary to protect the residential character of the neighborhood.

   • b. As provided for in federal statue 42 U.S.C. 2000cc-3 (e), the City Council may avoid the preemptive force of any provision of Chapter 21C (Protection of Religious Exercise in Land Use and By Institutionalized Person) by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions for the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden.

• B. Residential Facility with seven to sixteen individuals, licensed by the State.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Greenhouses and Nurseries, subject to the following:

  1. When abutting a residential use or district, the property shall be screened and landscaped in accordance with this Chapter. All structures shall be set back at least 100 feet from any residential property line.

  2. On-site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture.

  3. Adequate off-street parking is provided on an improved surface as required by this Ordinance.

  4. Adequate parking, loading and maneuvering areas shall be provided.

  5. Loading areas are screened from adjacent residential uses.

  6. Not more than 30 percent of the site area shall be covered with buildings or other structures.

7. Hours for retail sale of product to customers shall be limited to 7:00 a.m. to 9:00 p.m.

   8. Lighting shall comply with all ordinance requirements. If more than 25 percent of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.

   9. The site complies with the minimum lot area standards for the district.

Sale of accessory items shall be permitted, provided they do not generate more than 20 percent of the sales (measured by retail value or sales volume) for the business nor cover more than 10 percent of the site area.

11. At least 50 percent of the nursery stock to be sold on site must be grown on site.

12. The provisions of Section 1070.020 of this Ordinance are considered and satisfactorily met.

• B. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance.

• C. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

• D. Seasonal Produce Stands.

Subd. 6. Uses by Administrative Permit.

• A. Accessory Dwelling Unit, subject to the following standards:

  1. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot.

  2. An attached or detached unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit.

  3. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 960 square feet, whichever is less.

  4. Unless otherwise specified in this Subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 1030 of this Chapter. In evaluating how a detached accessory dwelling unit fits within the size limitations outlined in Section 1030, only the footprint of the accessory dwelling unit is subject to the accessory structure size limit provided for all zoning districts.

  5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, colors, and materials as the principal building on the lot.

  6. The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit.

  7. There shall be no separate ownership of the accessory dwelling unit.

  8. In addition to the parking spaces required for the principal dwelling unit on the lot, 2 offstreet parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this Chapter.

An accessory dwelling unit shall use the same street number as the principal dwelling unit but must include a unique identifier that is consistent with the City's Street Naming and Addressing Policy to ensure compatibility with Hennepin County, the U.S. Postal Service, and emergency service providers. The entryway to an accessory dwelling unit shall include identifying signage and be connected to the driveway with an improved walkway.

10. Accessory dwelling units are subject to the same height restriction for principal structures as determined by the zoning district but must not exceed the existing height of the principal structure.

• B. Essential Services, as allowed by Section 1030.090.

• C. Special Home Occupations as allowed by Section 1030.100 of this Chapter.

• D. Temporary real estate offices.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the RSF-2 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

**Minimum separation between structures on adjacent parcels shall be 15 feet.

Subd. 8. Design Requirements. All developments in RSF-2 shall follow the same Design Requirements as listed in 1040.040, Subd 8.

(Ord. 348, passed 05-25-17, Ord. 445, passed 12-22-21, Ord. 472, passed 12-22-22, Ord. 524, passed 6-27-24)

1040.050: - RSF-3 (SINGLE AND TWO-FAMILY RESIDENTIAL) ZONING DISTRICT

Subd. 1. Purpose. The RSF-3 district is intended to provide for new single-family neighborhoods with a lot area that is smaller than the City's traditional single-family lot as well as directly related, complementary uses. This zoning district is intended to be the primary single-family zoning district for future residential developments. The smaller lot area will make efficient use of the City's land supply and investment in public utilities and allow the City to efficiently protect and preserve its natural resources such as wetlands and woodlands. In addition, the smaller lot area will help the City meet its density goal for new single-family homes. Single family homes, as well as two-family dwellings are allowed in this district. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area. Areas zoned RSF-3 are guided Low Density or Conservation Residential on the City's 2040 Comprehensive Plan. Development within this district must be within the density range identified for the applicable land use designation in the Comprehensive Plan.

Subd. 2. Permitted Uses.

• A. Day Care Facilities, State licensed, as defined by statute.

• B. Dwelling, Single Family Detached.

• C. Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures.

• D. Residential Facility in a single family detached dwelling, serving 6 or fewer individuals and licensed by the State.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Fences as regulated by Section 1060 (Performance Standards) of this Chapter.

• E. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.

• G. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.

• H. Signs as regulated by the City Code.

• I. Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with City and State requirements.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Day Care facilities accessory to educational facilities or Places of Worship.

• B. Dwelling, Two Family.

• C. Educational facilities, K-12, and Places of Worship, subject to the following:

  1. Setbacks.

     • a. A minimum 50-foot setback from all property lines is required for all structures, parking spaces, drive aisles, and loading areas. The setback on all property lines will increase up to 200-feet based on the building footprint as described below:

• b. Any property lines fronting a county road shall require a minimum setback of 100 feet when the building footprint is 24,000 square feet or less.

• c. Educational Facilities and Places of Worship are not eligible for building and parking setback flexibility through additional landscaping as provided in Section 1060.070, Subd. 2., (K) - (J).

2. Maximum Building Height. The maximum structure height is 35 feet, except as allowed by Section 1030.080.

3. Maximum Impervious Surface.

   • a. The total impervious surface coverage shall not exceed 50% of the site.

   • b. The rest of the site shall be landscaped or left in a natural state.

4. Landscaping Zone.

   • a. In addition to meeting the landscaping standards in Section 1060.070, Subd. 2 (A) - (I) of the City Code, any portions of the site that abut a residential area shall contain a landscaping zone along the shared property line with a minimum width of the applicable setback established in Section 1040.050, Subd. 4., (C), (1).

   • b. The landscaping zone will consist of evergreen and/or deciduous trees and shrubs with a sufficient density to provide visual buffering to a minimum height of 8 feet. The grade for determining height shall be the grade elevation of the building or use for which the buffering is providing protection. Earth mounding or berms may be used but shall not be used to achieve more than three feet of the required buffer. A fence may also be installed, but not in lieu of the planted landscaping zone. Existing trees, shrubs, and vegetation may be used to meet the landscaping zone requirement when the intent to provide buffering is accomplished.

5. Parking Lot Screening and Landscaping.

   • a.

Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect glare away from adjoining property, adjacent residential uses, and public rights-of-way and be in compliance with Section 1060.040 of this Chapter.

  - b. Parking areas shall be screened from properties guided or zoned residential and from public streets. Screening to a height of at least 3 feet shall be provided to screen vehicle headlights. 

  - c. Parking areas which are 3,000 square feet or greater shall have no less than 350 square feet of land devoted to internal landscaping islands (in addition to required traffic safety islands). The minimum square footage of land devoted to internal landscaping islands shall increase by 100 square feet for each additional 1,000 square feet of additional parking space. Such islands shall be bound by concrete curbing or comparable curbing as approved by the City Engineer. 

6. Site Access. The primary site access shall comply with one of the following:

   • a. The site shall have direct access onto a Major Roadway, which is defined as a Principal Arterial, Minor Reliever, Minor Expander, and Minor Connector roadways; or

   • b. The site will have direct access onto a Major Collector or Minor Collector roadway no more than 1,000 square feet from an intersection with a Major Roadway as identified in the Comprehensive Plan

7. Noise. Exterior bells or loudspeakers are permitted between the hours of 9 a.m. and 10 p.m.

8. Additional Requirements.

• a. The City Council may attach additional conditions to the granting of the conditional use permit for the primary use as well as any accessory uses of the site as deemed necessary to protect the residential character of the neighborhood.

  - b. As provided for in federal statue 42 U.S.C. 2000cc-3 (e), the City Council may avoid the preemptive force of any provision of Chapter 21C (Protection of Religious Exercise in Land Use and By Institutionalized Person) by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions for the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. 
  

• D. Residential Facility with seven to sixteen individuals, licensed by the State.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Accessory Dwelling Unit, subject to the following standards:

  1. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot.

  2. An attached or detached unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit.

  3. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 960 square feet, whichever is less.

  4. Unless otherwise specified in this Subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 1030 of this Chapter. In evaluating how a detached accessory dwelling unit fits within the size limitations outlined in Section 1030, only the footprint of the accessory dwelling unit is subject to the accessory structure size limit provided for all zoning districts.

  5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, colors, and materials as the principal building on the lot.

  6. The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit.

  7. There shall be no separate ownership of the accessory dwelling unit.

  8. In addition to the parking spaces required for the principal dwelling unit on the lot, 2 offstreet parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this Chapter.

9. An accessory dwelling unit shall use the same street number as the principal dwelling unit but must include a unique identifier that is consistent with the City's Street Naming and Addressing Policy to ensure compatibility with Hennepin County, the U.S. Postal Service, and emergency service providers. The entryway to an accessory dwelling unit shall include identifying signage and be connected to the driveway with an improved walkway.

   10. Accessory dwelling units are subject to the same height restriction for principal structures as determined by the zoning district but must not exceed the existing height of the principal structure.

• B. Essential Services, as allowed by Section 1030.090.

• C. Special Home Occupations as allowed by Section 1030.100 of this Chapter.

• D. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

• E. Temporary real estate offices.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the RSF-3

district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

**Minimum separation between structures on adjacent parcels shall be 15 feet.

Subd. 8. Design Requirements. All developments in RSF-3 shall follow the same Design Requirements as listed in 1040.040, Subd 8.

(Ord. 348, passed 05-25-17, Ord. 445, passed 12-22-21, Ord. 472, 12-22-22, Ord. 518, passed 03-28-24)

1040.060: - RMF-1 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT

Subd. 1 Purpose. The purpose of the RMF-1, Medium Density Residential District is to allow a variety of housing types including single-family attached and detached dwelling and multi-family to expand life cycle housing options with a minimum net density of 6 units per acre and maximum net density of 8 units per acre. All lot areas in this district are intended to reflect the City's objective of promoting efficient use of land and public utilities. Areas zoned RMF-1 are guided Medium Density Residential on the 2030 Comprehensive Plan.

Subd. 2. Permitted Uses.

• A. Day Care Facilities, State licensed, as defined by statute.

• B. Dwelling, Single Family Detached.

• C. Dwelling, Two Family.

• D. Dwelling, Single-Family Attached with no more than six (6) dwelling units per structure in a row (and no back to back townhome units).

• E. Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures.

• F. Residential Facility in a single family detached dwelling, serving 6 or fewer individuals and licensed by the State.

Subd. 3 Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals

• D. Fences as regulated by Section 1060 (Performance Standards) of this Chapter.

• E. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.

• G. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.

• H. Signs as regulated by the City Code.

I.

Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with City and State requirements.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Day Care facilities accessory to educational facilities or Places of Worship.

• B. Dwelling, Senior (age-restricted).

• C. Dwelling, Multiple Family.

• D. Educational facilities, K-12, and Places of Worship, subject to the following:

  1. Setbacks.

     • a. A minimum 50-foot setback from all property lines is required for all structures, parking spaces, drive aisles, and loading areas. The setback on all property lines will increase up to 200-feet based on the building footprint as described below:

• b. Any property lines fronting a county road shall require a minimum setback of 100 feet when the building footprint is 24,000 square feet or less.

• c. Educational facilities and Places of Worship are not eligible for building and parking setback flexibility through additional landscaping as provided in Section 1060.070, Subd. 2., (K) - (J).

2. Maximum Building Height. The maximum structure height is 35 feet, except as allowed by Section 1030.080.

3. Maximum Impervious Surface.

   • a. The total impervious surface coverage shall not exceed 50% of the site.

   • b. The rest of the site shall be landscaped or left in a natural state.

4. Landscaping Zone.

   • a. In addition to meeting the landscaping standards in Section 1060.070, Subd. 2 (A) - (I) of the City Code, any portions of the site that abut a residential area shall contain a landscaping zone along the shared property line with a minimum width of the applicable setback established in Section 1040.060, Subd. 4., (D), (1).

   • b. The landscaping zone will consist of evergreen and/or deciduous trees and shrubs with a sufficient density to provide visual buffering to a minimum height of 8 feet. The grade for determining height shall be the grade elevation of the building or use for which the buffering is providing protection. Earth mounding or berms may be used but shall not be used to achieve more than three feet of the required buffer. A fence may also be installed, but not in lieu of the planted landscaping zone. Existing trees, shrubs, and vegetation may be used to meet the landscaping zone requirement when the intent to provide buffering is accomplished.

5. Parking Lot Screening and Landscaping.

   • a. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect glare away from adjoining property, adjacent residential uses, and public rightsof-way and be in compliance with Section 1060.040 of this Chapter.

     • b. Parking areas shall be screened from properties guided or zoned residential and from public streets. Screening to a height of at least 3 feet shall be provided to screen vehicle headlights.

     • c. Parking areas which are 3,000 square feet or greater shall have no less than 350 square feet of land devoted to internal landscaping islands (in addition to required traffic safety islands). The minimum square footage of land devoted to internal landscaping islands shall increase by 100 square feet for each additional 1,000 square feet of additional parking space. Such islands shall be bound by concrete curbing or comparable curbing as approved by the City Engineer.

   6. Site Access. The primary site access shall comply with one of the following:

      • a. The site shall have direct access onto a Major Roadway, which is defined as a Principal Arterial, Minor Reliever, Minor Expander, and Minor Connector roadways; or

      • b. The site will have direct access onto a Major Collector or Minor Collector roadway no more than 1,000 square feet from an intersection with a Major Roadway as identified in the Comprehensive Plan.

   7. Noise. Exterior bells or loudspeakers are permitted between the hours of 9 a.m. and 10 p.m.

   8. Additional Requirements.

• a. The City Council may attach additional conditions to the granting of the conditional use permit for the primary use as well as any accessory uses of the site as deemed necessary to protect the residential character of the neighborhood.

  - b. As provided for in federal statue 42 U.S.C. 2000cc-3 (e), the City Council may avoid the preemptive force of any provision of Chapter 21C (Protection of Religious Exercise in Land Use and By Institutionalized Person) by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions for the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. 
  

• E. Residential Facility with seven to sixteen individuals, licensed by the State.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Accessory Dwelling Unit, subject to the following standards:

  1. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot.

  2. An attached or detached unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit.

  3. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 960 square feet, whichever is less.

  4. Unless otherwise specified in this Subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 1030 of this Chapter. In evaluating how a detached accessory dwelling unit fits within the size limitations outlined in Section 1030, only the footprint of the accessory dwelling unit is subject to the accessory structure size limit provided for all zoning districts.

  5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, colors, and materials as the principal building on the lot.

  6. The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit.

  7. There shall be no separate ownership of the accessory dwelling unit.

  8. In addition to the parking spaces required for the principal dwelling unit on the lot, 2 offstreet parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this Chapter.

9. An accessory dwelling unit shall use the same street number as the principal dwelling unit but must include a unique identifier that is consistent with the City's Street Naming and Addressing Policy to ensure compatibility with Hennepin County, the U.S. Postal Service, and emergency service providers. The entryway to an accessory dwelling unit shall include identifying signage and be connected to the driveway with an improved walkway.

   10. Accessory dwelling units are subject to the same height restriction for principal structures as determined by the zoning district but must not exceed the existing height of the principal structure.

• B. Essential Services, as allowed by Section 1030.090.

• C. Special Home Occupations as allowed by Section 1030.100 of this Chapter.

• D. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

• E. Temporary real estate offices.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the RMF-1

district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

** Internal: 20 feet between attached or multi-family principal structures separated by common area.

Subd. 8. Single and Two Family Design Requirements. All single and two family developments in RMF-1 shall follow the same Design Requirements as listed in 1040.040, Subd 8.

Subd. 9. Special Minimum Requirements for Attached Dwelling Units.

• A. Unit Size: The following unit size shall apply:

  1. Floor Area: Five hundred (500) square foot minimum floor area for efficiency apartment units. Minimum eight hundred (800) square feet for a one-bedroom unit plus one hundred (100) square feet for each additional bedroom. Seven hundred (700) square foot minimum floor area for one-bedroom apartment dwelling units in retirement housing developments, plus one hundred (100) square feet for each additional bedroom. Garages, breezeways and porch floor spaces shall not be credited in determining the required floor area of units.

• B. Unit Construction:

  1. Subdivision Requests: Building elevations and floor plans shall be furnished with subdivision requests illustrating exterior building material and colors to demonstrate compliance of this title. Building floor plans shall identify the interior storage space within each unit.

2. Decks or Porches: Provision shall be made for possible decks, porches or additions as part of the initial dwelling unit building plans. The unit lot shall be configured and sized to include decks or porches.

   3. Exterior Building Finish: The exterior of attached/townhome dwelling units shall include a variation in building materials which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, attached/townhome dwelling structures shall comply with the following requirements:

      • a. A minimum of twenty five percent (25%) of the combined area of all building facades of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone.

      • b. Except for brick, stucco, and/or natural or artificial stone, no single building facade shall have more than seventy five percent (75%) of one type of exterior finish.

      • c. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than sixty percent (60%) of all building facades of one type of exterior finish.

      • d. For the purpose of this Section and material calculations:

        • i. The area of the building facade shall not include area devoted to windows, entrance doors, garage doors, or roof areas.

        • ii. Variations in texture or style (i.e., lap siding versus shake shingle siding) shall be considered as different materials meeting the requirements of this Section.

        • iii. Integral colored split face (rock face) concrete block or plain concrete block shall not qualify for meeting the brick, stucco and/or natural or artificial stone material requirements.

   4. Color. Each attached/townhome building shall feature a broad array of colors, including earth tones, muted natural colors found in surrounding landscape or other colors consistent with the adjacent neighborhood. Buildings in proximity to each other shall not look alike in terms of the combination of color siding, accent and roofing materials. The home or townhome building under consideration will be compared to two homes or townhome buildings on each side of it and to the three homes or town home buildings directly facing it.

   5. Facades and Walls: Each attached/townhome dwelling unit shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows or other similar features, dividing large facades and walls into human scaled proportions similar to adjacent single-family dwellings.

   6. Roofs. Each attached/townhome building shall feature a combination of primary and secondary roofs. Primary roofs shall be articulated by at least one of the following elements:

      • a. Changes in place and elevation.

      • b. Dormers or gables.

      • c. Transitions to secondary roofs over entrances, garages, porches, bay windows.

   7. Garages:

      • a. Each dwelling unit shall include an attached garage.

      • b. Garages shall comply with the following minimum size standards:

• i. For dwellings with basements: Four hundred forty (440) square feet.

     - ii. For dwellings without basements: Five hundred forty (540) square feet. 
  
     - iii. Garages shall be a minimum of twenty feet (20') in width. 
  

• (Ord. 308, passed 07-23-15, Ord. 348, passed 05-25-17, Ord. 445, passed 12-22-21, Ord. 472, 12-22-22)

1040.065: - RMF-2 (MIXED RESIDENTIAL) ZONING DISTRICT

Subd. 1. Purpose. The purpose of the RMF-2, Mixed Residential District is intended to provide areas offering a variety of housing types, including single-family small lot detached and attached dwellings and multi-family structures to retain the environment and character of less intensive styles of higher density multiple-family residence areas by establishing building and lot area

requirements; to broaden the choice of residential living styles and create opportunity for more affordable homes and homes that address the needs of an aging population in a more compact development pattern that makes the most efficient use of the City's land supply and investment in public utilities. Areas zoned RMF-2 are guided Mixed Residential Density on the City's 2030 Comprehensive Plan. Development within this district is required at a minimum density of 8.0 units per net acre up to a maximum of 10 units per acre.

Subd. 2. Permitted Uses.

• A. Day Care Facilities, State licensed, as defined by statute.

• B. Dwelling, Single Family Detached.

• C. Dwelling, Two Family.

• D. Dwelling, Single-Family Attached - 8 units per building maximum with each unit having a separate entrance.

• E. Dwelling, Senior (age restricted).

• F. Dwellings, Multiple Family.

• G. Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures.

• H. Residential Facility in a single family detached dwelling, serving 6 or fewer individuals and licensed by the State.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer.

• D. Fences as regulated by Section 1060 (Performance Standards) of this Chapter.

• E. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.

• G. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.

• H. Signs as regulated by the City Code.

• I. Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with City and State requirements.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Day Care facilities accessory to educational facilities or Places of Worship.

• B. Educational facilities, K-12, and Places of Worship, subject to the following:

1. Setbacks.

   • a. A minimum 50-foot setback from all property lines is required for all structures, parking spaces, drive aisles, and loading areas. The setback on all property lines will increase up to 200-feet based on the building footprint as described below:

   • b. Any property lines fronting a county road shall require a minimum setback of 100 feet when the building footprint is 24,000 square feet or less.

   • c. Educational facilities and Places of Worship are not eligible for building and parking setback flexibility through additional landscaping as provided in Section 1060.070, Subd. 2., (K) - (J).

   2. Maximum Building Height. The maximum structure height is 35 feet, except as allowed by Section 1030.080.

   3. Maximum Impervious Surface.

      • a. The total impervious surface coverage shall not exceed 50% of the site.

      • b. The rest of the site shall be landscaped or left in a natural state.

   4. Landscaping Zone.

      • a. In addition to meeting the landscaping standards in Section 1060.070, Subd. 2 (A) - (I) of the City Code, any portions of the site that abut a residential area shall contain a landscaping zone along the shared property line with a minimum width of the applicable setback established in Section 1040.070, Subd. 4., (B), (1).

      • b. The landscaping zone will consist of evergreen and/or deciduous trees and shrubs with a sufficient density to provide visual buffering to a minimum height of 8 feet. The grade for determining height shall be the grade elevation of the building or use for which the buffering is providing protection. Earth mounding or berms may be used but shall not be used to achieve more than three feet of the required buffer. A fence may also be installed, but not in lieu of the planted landscaping zone. Existing trees, shrubs, and vegetation may be used to meet the landscaping zone requirement when the intent to provide buffering is accomplished.

   5. Parking Lot Screening and Landscaping.

a.

Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect glare away from adjoining property, adjacent residential uses, and public rights-of-way and be in compliance with Section 1060.040 of this Chapter.

  - b. The site will have direct access onto a Major Collector or Minor Collector roadway no more than 1,000 square feet from an intersection with a Major Roadway as identified in the Comprehensive Plan. 

  - c. Parking areas which are 3,000 square feet or greater shall have no less than 350 square feet of land devoted to internal landscaping islands (in addition to required traffic safety islands). The minimum square footage of land devoted to internal landscaping islands shall increase by 100 square feet for each additional 1,000 square feet of additional parking space. Such islands shall be bound by concrete curbing or comparable curbing as approved by the City Engineer. 

6. Site Access. The primary site access shall comply with one of the following:

• a. The site shall have direct access onto a Major Roadway, which is defined as a Principal Arterial, Minor Reliever, Minor Expander, and Minor Connector roadways; or

  - b. The site will have direct access onto a Major Collector or Minor Collector roadway no more than 1,000 square feet from an intersection with a Major Roadway as identified in the Comprehensive Plan. 
  

  7. Noise. Exterior bells or loudspeakers are permitted between the hours of 9 a.m. and 10 p.m.

  8. Additional Requirements.

     • a. The City Council may attach additional conditions to the granting of the conditional use permit for the primary use as well as any accessory uses of the site as deemed necessary to protect the residential character of the neighborhood.

     • b. As provided for in federal statue 42 U.S.C. 2000cc-3 (e), the City Council may avoid the preemptive force of any provision of Chapter 21C (Protection of Religious Exercise in Land Use and By Institutionalized Person) by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions for the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden.

• C. Residential Facility with seven to sixteen individuals, licensed by the State.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Accessory Dwelling Unit, subject to the following standards:

  1. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot.

  2. An attached or detached unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit.

  3. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 960 square feet, whichever is less.

  4. Unless otherwise specified in this Subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 1030 of this Chapter. In evaluating how a detached accessory dwelling unit fits within the size limitations outlined in Section 1030, only the footprint of the accessory dwelling unit is subject to the accessory structure size limit provided for all zoning districts.

  5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, colors, and materials as the principal building on the lot.

  6. The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit.

  7. There shall be no separate ownership of the accessory dwelling unit.

8. In addition to the parking spaces required for the principal dwelling unit on the lot, 2 offstreet parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this Chapter.

   9. An accessory dwelling unit shall use the same street number as the principal dwelling unit but must include a unique identifier that is consistent with the City's Street Naming and Addressing Policy to ensure compatibility with Hennepin County, the U.S. Postal Service, and emergency service providers. The entryway to an accessory dwelling unit shall include identifying signage and be connected to the driveway with an improved walkway.

   10. Accessory dwelling units are subject to the same height restriction for principal structures as determined by the zoning district but must not exceed the existing height of the principal structure.

• B. Essential Services, as allowed by Section 1030.090.

• C. Special Home Occupations as allowed by Section 1030.100 of this Chapter.

• D. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

• E. Temporary real estate offices.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the RMF-2

district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector

Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

** Internal: 20 feet between attached or multi-family principal structures separated by common area.

Subd. 8. Single and Two Family Design Requirements. All single and two family developments in RMF-2 shall follow the same Design Requirements as listed in 1040.040, Subd 8.

Subd. 9. Special Minimum Requirements for Attached Dwelling Units. All attached dwelling unit developments in RMF-2 shall follow the same Design Requirements as listed in 1040.060, Subd 9 (RMF-1 Design Requirements).

(Or.d 348, passed 05-25-17, Ord. 445, passed 12-22-21, Ord. 472, passed 12-22-22)

1040.070: - RMF-3 (HIGH DENSITY RESIDENTIAL) ZONING DISTRICT

Subd. 1. Purpose. The RMF-3 district allows for the development of high density multiple-family uses such as townhomes and apartments where municipal sewer and water is available. This district addresses the need for life cycle housing by offering an alternative to single family detached housing with a required minimum density of 10 units per net acre or greater. Areas zoned RMF-3 are guided High Density Residential on the 2030 Comprehensive Plan.

Subd. 2. Permitted Uses.

• A. Day Care Facilities, State licensed, as defined by statute.

• B. Dwelling, Senior (age-restricted).

• C. Dwelling, Single-Family Attached - 8 units per building maximum with each unit having a separate entrance.

• D. Dwelling, Multiple Family.

• E. Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures.

• F. Residential Facility in a single family detached dwelling, serving 6 or fewer individuals and licensed by the State.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Fences as regulated by Section 1060 (Performance Standards) of this Chapter.

• E. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.

• G. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.

• H. Signs as regulated by the City Code.

• I. Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with City and State requirements.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Day Care facilities accessory to educational facilities or Places of Worship.

• B. Educational facilities, K-12, and Places of Worship, subject to the following:

  1. Setbacks.

     • a. A minimum 50-foot setback from all property lines is required for all structures, parking spaces, drive aisles, and loading areas. The setback on all property lines will increase up to 200-feet based on the building footprint as described below:

• b. Any property lines fronting a county road shall require a minimum setback of 100 feet when the building footprint is 24,000 square feet or less.

• c. Educational facilities and Places of Worship are not eligible for building and parking setback flexibility through additional landscaping as provided in Section 1060.070, Subd. 2., (K) - (J).

2. Maximum Building Height. The maximum structure height is 35 feet, except as allowed by Section 1030.080.

3. Maximum Impervious Surface.

   • a. The total impervious surface coverage shall not exceed 50% of the site.

   • b. The rest of the site shall be landscaped or left in a natural state.

4. Landscaping Zone.

   • a. In addition to meeting the landscaping standards in Section 1060.070, Subd. 2 (A) - (I) of the City Code, any portions of the site that abut a residential area shall contain a landscaping zone along the shared property line with a minimum width of the applicable setback established in Section 1040.070, Subd. 4., (B), (1).

   • b. The landscaping zone will consist of evergreen and/or deciduous trees and shrubs with a sufficient density to provide visual buffering to a minimum height of 8 feet. The grade for determining height shall be the grade elevation of the building or use for which the buffering is providing protection. Earth mounding or berms may be used but shall not be used to achieve more than three feet of the required buffer. A fence may also be installed, but not in lieu of the planted landscaping zone. Existing trees, shrubs, and vegetation may be used to meet the landscaping zone requirement when the intent to provide buffering is accomplished.

5. Parking Lot Screening and Landscaping.

   • a.

Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect glare away from adjoining property, adjacent residential uses, and public rights-of-way and be in compliance with Section 1060.040 of this Chapter.

• b. The site will have direct access onto a Major Collector or Minor Collector roadway no more than 1,000 square feet from an intersection with a Major Roadway as identified in the Comprehensive Plan.

  - c. Parking areas which are 3,000 square feet or greater shall have no less than 350 square feet of land devoted to internal landscaping islands (in addition to required traffic safety islands). The minimum square footage of land devoted to internal landscaping islands shall increase by 100 square feet for each additional 1,000 square feet of additional parking space. Such islands shall be bound by concrete curbing or comparable curbing as approved by the City Engineer. 
  

  6. Site Access. The primary site access shall comply with one of the following:

     • a. The site shall have direct access onto a Major Roadway, which is defined as a Principal Arterial, Minor Reliever, Minor Expander, and Minor Connector roadways; or

     • b. The site will have direct access onto a Major Collector or Minor Collector roadway no more than 1,000 square feet from an intersection with a Major Roadway as identified in the Comprehensive Plan.

  7. Noise. Exterior bells or loudspeakers are permitted between the hours of 9 a.m. and 10 p.m.

  8. Additional Requirements.

     • a. The City Council may attach additional conditions to the granting of the conditional use permit for the primary use as well as any accessory uses of the site as deemed necessary to protect the residential character of the neighborhood.

     • b. As provided for in federal statue 42 U.S.C. 2000cc-3 (e), the City Council may avoid the preemptive force of any provision of Chapter 21C (Protection of Religious Exercise in Land Use and By Institutionalized Person) by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions for the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden.

• C. Residential Facility with seven to sixteen individuals, licensed by the State.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Essential Services, as allowed by Section 1030.090.

• B. Special Home Occupations as allowed by Section 1030.100 of this Chapter.

• C. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

• D. Temporary real estate offices.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the RMF-3 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

Subd. 8. Special Minimum Requirements for Multi-Family Residential Developments.

A.

Unit Size; Floor Area: Five hundred (500) square foot minimum floor area for efficiency apartment units. Minimum eight hundred (800) square feet for a one-bedroom unit plus one hundred (100) square feet for each additional bedroom. Seven hundred (700) square foot minimum floor area for one-bedroom apartment dwelling units in retirement housing developments, plus one hundred (100) square feet for each additional bedroom. Garages, breezeways and porch floor spaces shall not be credited in determining the required floor area of units.

• B. Parking: The design and maintenance of off street parking areas and the required number of parking spaces shall be in accordance with Section 1060.060 of this title. Private driveways for garages in townhouse developments shall be a minimum of twenty feet (20') in length to allow vehicle parking on the driveway.

• C. Trash Handling and Recycling: All trash, recyclable materials, and trash and recyclable materials handling equipment shall be stored within the principal structure, totally screened from public view by the principal building, or stored within an accessory structure constructed of building materials compatible with the principal structure, enclosed by a roof, and readily served through swinging doors.

• D. On Site Screening: All mechanical equipment, utility meters, storage and service areas and similar features shall be completely screened from the eye level view from adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal structure.

• E. Building Design and Materials—Multi-Family (stacked): All buildings shall be designed to accomplish the goals and policies of the comprehensive plan. Building materials shall be attractive in appearance, durable, and of a quality which is both compatible with adjacent structures and consistent with the City's standards for the district in which it is located. All buildings shall be of good aesthetic and architectural quality, as demonstrated by the inclusion of elements such as accent materials, entrance and window treatments, contrasting colors, irregular building shapes and rooflines, or other architectural features in the overall architectural concept.

  1. Major exterior surfaces on all walls facing a public street, park or open space shall include a minimum of fifty percent (50%) of the combined area of all building facades of a structure shall contain following permitted major exterior materials: face brick (glazed or unglazed), clay faced tile, stone masonry (granite, limestone, marble, slate, sandstone, or quartzite).

2. Accent materials may include: finished texture stucco (cement or synthetic), natural or cultured stone, exterior finished wood siding (painted, stained, or weather sealed), exterior finished metal siding (factory finished), exterior finished vinyl siding or fiber cement siding in lap or panel design (color impregnated or painted). Panel seam lines shall

be architecturally integrated into the building design so that they are not visible. Seam lines can either be filled, covered with accent material or some other method to make seam lines invisible. Accenting materials and design shall be included on all facades.

3. All building and roofing materials shall meet current accepted industry standards, and tolerances, and shall be subject to review and approval by the City for quality, durability, and aesthetic appeal. The applicant shall submit to the City product samples, color building elevations, and associated drawings which illustrate the construction techniques to be used in the installation of such materials.

4. If complementary building styles, materials, and color schemes are proposed for a development, the developer shall submit to the City a plan showing the distribution of the styles, materials, and colors throughout the development.

5. All townhome designs shall comply with the standards in Section 1040, Subd. 9 (RMF-1 Design Requirements).

• F. Parking Lot Screening:

  1. The light from automobile headlights and other sources shall be screened whenever it may be directed onto residential windows.

  2. When required parking areas abut any residential district, the edge nearest the lot line shall be completely screened to a height of at least three and one-half feet (31/2') above the parking grade. Such screening shall either be constructed of durable building materials designed in harmony with the principal structure or accomplished through use of earth mounds and/or landscape materials as approved.

  3. When the design of the site is such that parking occurs in the front yard, a minimum of ten feet (10') landscaped area shall be provided between parking and building, in addition to the required setbacks.

• G. Recreational Facilities: On site recreational facilities, such as swimming pools, tennis courts, play equipment, walking trails, gardens, and basketball courts, that are suitable for the projected population of the development shall be provided when the nearest public park is more than one-half (1/2) mile or across a thoroughfare or arterial roadway from the development.

• H. Common Areas. The following minimum requirements shall be observed in the RMF-3 district governing common areas:

  1. Ownership: All common areas within an RMF-3 development not dedicated to the public including, but not limited to, open space, driveways, private drives, parking areas, play areas, etc., shall be owned in one of the following manners:

     • a. Condominium ownership pursuant to Minnesota statutes 515A.1-106.

b.

Twinhome or townhome subdivision common areas shall be owned by the owners of each unit lot, with each owner of a unit having an equal and undivided interest in the common area.

2. Homeowners' Association: A homeowners' association shall be established for all townhome developments within the RMF district, subject to review and approval of the City attorney, and shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than one individual property owner having interest within the development.

• (Ord. 348, passed 05-25-17, Ord. 445, passed 12-22-21)

1040.080: - MP (MANUFACTURED HOME PARK)

Subd. 1. Purpose. The MP District provides for manufactured home parks including manufactured single family housing units, offices for administration of the park, recreational buildings and structures, storm shelters, and other directly related complementary uses are allowed in accordance with the performance standards outlined in this Section.

Subd. 2. Permitted Uses.

• A. Manufactured homes.

• B. Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• E. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.

• F. Private recreational facilities.

• G. Signs as regulated by the City Code.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. None.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Essential Services, as allowed by Section 1030.090.

• B. Special Home Occupations as allowed by Section 1030.100 of this Chapter.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the MP district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

Subd. 8. Performance Standards.

• A. A central community building shall be provided and shall include the following features:

  1. Laundry facilities with washers and dryers.

  2. Public toilets and lavatories.

  3. Heating and cooling equipment must be maintained in good operating order.

  4. The building shall be maintained in a safe, sanitary and clean condition.

• B. Tornado shelter facilities must be provided and adequately sized to safely accommodate all occupants.

• C. At least 10 percent of the total manufactured home park shall be dedicated as private recreational space. Such space shall be provided and maintained at the owner's expense.

• D. Sidewalks must be provided on both sides of all streets.

• E. Upgrading. Prior to locating a manufactured home housing unit constructed prior to July 1, 1972, on a lot within a manufactured home park within the City, said unit shall be upgraded to current life safety codes and subject to the approval of the Building Official.

• F. Maintenance. All land within the park shall be adequately drained, landscaped to control dust and kept free from refuse, garbage, rubbish or debris.

• G. Outdoor Camping. There shall not be outdoor camping anywhere in a manufactured home park.

• H. Public Access. Public access to manufactured housing parks shall be as approved by the City.

• I. Foundation Enclosure. The area beneath a manufactured home shall be enclosed except that such enclosure must have access for inspection.

• J. Building Permit.

  1. All structures (fences, storage, decks, etc.) shall require a building permit from the Building Official. Fences shall be prohibited on individual manufactured home lots.

  2. Prior to a manufactured home being moved into a lot, the owner shall apply for and obtain a building permit for the (foundation) blocking to State Code and a permit for connection to public sewer and water. The application for permits shall be accompanied

by a site plan, drawn to scale, detailing the unit placement, accessory structures and setbacks.

• K. Building Requirements.

  1. Each manufactured home site must be provided with anchors and tie downs, such as cast in place concrete foundations, screw augers, arrowhead anchors or other devices to provide stability for the home.

  2. Anchors and tie downs shall be placed at each corner of the home and each anchor shall be able to sustain a minimum tensile force of 2,800 pounds.

  3. Building Type and Construction. Any building addition shall either be manufactured or custom built of materials that are consistent or compatible to the design of the principal building. "Compatible" means that the exterior appearance of an accessory building is not at variance with the principal building from an aesthetic and architectural standpoint to cause:

     • a. A difference to a degree to cause incongruity with the principal building.

     • b. A deviation from the general character of the neighborhood.

     • c. A depreciation of neighborhood values or adjacent property values.

     • d. A nuisance. Types of nuisance characteristics include, but are not limited to noise, dust, odors, glare and unsightly building exterior.

• L. Parking.

  1. Each manufactured home site shall have off-street parking spaces for two passenger vehicles.

  2. Parking must be located at least 15 feet from any home.

  3. All parking spaces shall be hard surfaced according to specifications established by the City.

• M. Utilities.

  1. Homes must be served by both central or individual water and on-site sanitary sewer system approved by the State.

  2. If municipal sewer and water is available, the Manufactured home Park may connect to the municipal system. The owner shall pay any required sewer and water connection fees to the City.

  3. The City must approve surface water and storm water management plans.

  4. The City must approve all utility systems and connections.

  5. The source of fuel for cooking, heating or other purposes at each manufactured home site shall be as approved by the City.

All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes.

7. No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities, and related manufactured home equipment.

8. The City must approve the method of garbage, waste, and trash disposal.

9. The owner shall pay inspection and testing fees for utility service to the City.

• N. Internal Roads and Streets.

  1. Roads shall be hard surfaced as approved by the City.

  2. All streets shall be private streets and shall be developed with a roadbed of not less than 60 feet in width and shall meet City design specifications.

  3. Curb and gutter shall be provided on all streets to direct drainage away from homes.

  4. The park shall have a street lighting plan approved by the City.

• O. Landscaping. A landscape screen meeting the requirements of Section 1060.060 of this Chapter shall be installed and maintained around the entire perimeter of each manufactured home park.

• P. Lighting. Lights must be maintained in all community buildings during all hours of darkness. The manufactured home park grounds shall be lighted as approved by the City from sunset to sunrise.

• Q. Storage.

  1. Enclosed storage lockers containing a minimum of 40 square feet shall be located adjacent to each home.

  2. Each Manufactured home Park shall have a minimum of 5,000 square feet of dead storage for each 50 home sites. Such areas shall be conveniently located and equipped with security fencing.

  3. No more than two vehicles may be stored on site for a period of more than 48 hours. No vehicles without a current license shall be allowed within the park.

  4. All boats, trailers, snowmobiles, recreational vehicles and other equipment not stored within the manufactured home, storage locker or dead storage area and shall not be stored on the site or on streets within the Manufactured Home Park.

• R. Fire Protection.

1. Cooking shelters, barbeque pits, fireplaces, wood-burning stoves and incinerators shall be located, constructed, maintained and used to minimize fire hazards and smoke. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.

Manufactured home parks shall be kept free of litter, rubbish and other flammable materials.

3. Portable fire extinguishers rated for Class A, B and C fires shall be kept visible in community buildings and public spaces. The extinguishers shall be readily accessible for use by all occupants and shall be maintained in good operating condition. Capacity shall be not less than 2.5 gallons or 5 pounds of carbon dioxide for Class A and 10 pounds of dry powder for Class B and C extinguishers.

4. Design and placement of fire hydrants throughout the Park shall be as approved by the Fire Chief to ensure adequate fire protection.

• S. Registration. It shall be the duty of the operator of the Park to maintain a current record of all manufactured homeowners and occupants located within the park. The register shall be available for inspection at all times by authorized City, County or State officials whose duty requires acquisition of the information contained in the register. The records must be maintained at least 3 years after the date of departure of a registrant from the park. The register shall contain the following information:

  1. The name and address of each manufactured home occupant.

  2. The name and address of the owner of each manufactured home.

  3. The make, model, year and license number of each manufactured home.

  4. The state, territory or county issuing such license.

  5. The date of arrival and departure of each manufactured home.

  6. The number and type of motor vehicles of residents in the park.

• T. Maintenance. The operator of any manufactured home park, or a duly authorized attendance and/or caretaker shall be responsible at all times for keeping the manufactured home park, its facilities and equipment, in a clean, orderly, operable, and sanitary condition. The attendant or caretaker shall be answerable, along with said operator, for the violation of any provisions of these regulations to which said operator is subject.

1040.090: - CR (RURAL COMMERCIAL)

Subd. 1. Purpose. This district is the existing Burschville area located at the intersection of County Road 19 and County Road 10. The intent of this district to provide a mix of neighborhood commercial uses and rural industrial, such as contractor's yards and similar uses that do not require municipal water or sanitary sewer services. Municipal sewer and water will not be provided in this area.

Subd. 2. Permitted Uses.

• A. Automobile Retail (tires, batteries, etc. No body work or repair work).

• B. Cannabis, retail, compliant with Corcoran Code Section 119.03-04 and 1060.120.

• C. Lower Potency Hemp Edible Retailers, compliant with Corcoran Code Section 119.03 and 1060.120.

• D. Civic Buildings, such as City Hall, libraries, fire stations, etc.

• E. Day Care, Commercial.

• F. Offices, medical and professional.

• G. Retail goods and service uses of a similar nature.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Keeping of Animals, subject to Chapter 81 (animals) of the City Code.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. Adult Entertainment Business, subject to Chapter 113 of the City Code.

• B. Commercial Kennels, subject to Chapter 81 of the City Code.

• C. Commercial recreation and entertainment (not to exceed 5,000 square feet).

• D. Contractors Operations, including accessory outside storage.

• E. Greenhouses and Nurseries, subject to the following:

  1. When abutting a residential use or district, the property shall be screened and landscaped in accordance with this Chapter. All structures shall be set back at least 100 feet from any residential property line.

  2. On-site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture.

  3. Adequate off-street parking is provided on an improved surface as required by this Ordinance.

  4. Adequate parking, loading and maneuvering areas shall be provided.

  5. Loading areas are screened from adjacent residential uses.

  6. Well and Septic Systems can be accommodated on site to serve the proposed facility.

  7. Not more than 30 percent of the site area shall be covered with buildings or other structures.

  8. Hours for retail sale of product to customers shall be limited to 7:00 a.m. to 9:00 p.m.

Lighting shall comply with all ordinance requirements. If more than 25 percent of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.

10. The site complies with the minimum lot area standards for the district.

11. Sale of accessory items shall be permitted, provided they do not generate more than 20 percent of the sales (measured by retail value or sales volume) for the business nor cover more than 10 percent of the site area.

12. At least 50 percent of the nursery stock to be sold on site must be grown on site.

13. The provisions of Section 1070.020 of this Ordinance are considered and satisfactorily met.

• F. Laboratories/research facilities.

• G. Lumber Yards/building material sales.

• H. Motor Fuel Stations.

1. That the proximate area and location of space devoted to non-automotive merchandise sales shall be specified in the application and in the conditional use permit. Exterior sales or storage shall be only as allowed by the conditional use permit.

2. The off-street loading space(s) and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.

3. Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.

4. All buildings, canopies, and pump islands shall be located to comply with the minimum setback requirements of the zoning district in which they are located.

5. All canopy lighting for motor fuel station pump islands shall be recessed or shielded to provide a 90-degree cutoff. Illumination levels for pump islands shall not exceed 30-foot candles.

6. Litter Control. The operation shall be responsible for litter control within 300 feet of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control.

• I. Motor Vehicle, Boat or Equipment Repair.

1. All servicing of vehicles and equipment shall occur entirely within the principal structure.

   2. To the extent required by State law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulated matter.

   3. Storage and use of all flammable materials, including liquid and rags, shall conform with applicable provisions of the Minnesota Uniform Fire Code.

   4. Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the City and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks.

   5. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building.

   6. The sale of products other than those specifically mentioned in this Section shall be subject to a separate conditional use permit

• J. Motor Vehicle, Boats and Equipment Sales.

  1. All sales shall occur on one lot.

  2. Parking areas for the outside storage and sale of vehicles, boats and trailers, shall be on impervious surface, either bituminous, concrete, or approved equivalent.

  3. Interior concrete or asphalt curbs shall be constructed within the property to separate driving and parking areas from landscaped areas. Interior curbs shall be a nominal 6- inches in height or greater.

  4. All areas of the property not devoted to buildings or parking areas shall be landscaped in accordance with this Ordinance.

  5. Off-street parking shall be provided for customers and employees in accordance with this Ordinance.

  6. Parking for sales display shall not be less than 9 feet wide by 18.5 feet in length.

  7. Display of motor vehicles, boats, and trailers for sale off the property of their owner is prohibited unless authorized by Conditional Use Permit.

• K. Open or outdoor services, sales and equipment rental.

• L. Places of Worship/Assembly.

• M. Towers and Antennas (freestanding) as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance.

• N. Veterinary clinic, Animal Hospital and related indoor kennel; and pet grooming.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Accessory buildings and structures for a use accessory to the principal commercial or business use provided such structure does not exceed 30 percent of the gross floor space of the principal use.

• B. Accessory Dwelling Unit, subject to the following standards:

  1. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot.

  2. An attached or detached unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit.

  3. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 960 square feet, whichever is less.

  4. Unless otherwise specified in this Subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 1030 of this Chapter. In evaluating how a detached accessory dwelling unit fits within the size limitations outlined in Section 1030, only the footprint of the accessory dwelling unit is subject to the accessory structure size limit provided for all zoning districts.

  5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, colors, and materials as the principal building on the lot.

  6. The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit.

  7. There shall be no separate ownership of the accessory dwelling unit.

  8. In addition to the parking spaces required for the principal dwelling unit on the lot, 2 offstreet parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this Chapter.

  9. An accessory dwelling unit shall use the same street number as the principal dwelling unit but must include a unique identifier that is consistent with the City's Street Naming and Addressing Policy to ensure compatibility with Hennepin County, the U.S. Postal Service, and emergency service providers. The entryway to an accessory dwelling unit shall include identifying signage and be connected to the driveway with an improved walkway.

Accessory dwelling units are subject to the same height restriction for principal structures as determined by the zoning district but must not exceed the existing height of the principal structure.

• C. Essential Services, as allowed by Section 1030.090.

• D. Seasonal Outdoor Retail Sales.

  1. Seasonal outdoor retail sales shall not exceed a combined total of 120 days in any 12month period. Outdoor retail sales shall not occupy an area exceeding 10 percent of a lot's area, and shall meet all yard setback requirements.

  2. Where seasonal outdoor retail sales are conducted in a parking lot, they shall be confined to a defined area, and not be allowed to obstruct access of emergency vehicles or pose a traffic safety problem. Temporary fencing or other suitable mechanisms shall be used to delineate the sales area and provide for pedestrian safety.

  3. Where tents, temporary green houses, or similar structures are used to store, and/or display merchandise, they shall be anchored to provide a wind-load resistance of 40 miles per hour.

• E. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

• F. Towers and Antennas as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance, only when co-located on an existing structure.

Subd. 7. Development Rights. This Section identifies the maximum number of non-residential lots that may be developed. The development rights program is intended to preserve a rural and agricultural environment with active rural commercial businesses. Development rights were calculated based on the total lot area and rounded to the nearest whole number. Development rights shall be as recorded on the official City of Corcoran "Development Rights Map" on file at City Hall.

• A. Landowners shall be permitted one development right for each 10 acres of land.

• B. No lots or outlets shall be allowed to be created without development rights.

Subd. 8. Area Requirements. The following minimum requirements shall be met in the CR district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

(Ord. 348, passed 05-25-17, Ord. 472, passed 12-22-22, Ord. 530, passed 07-25-24, Ord. 532, passed 08-222024, Ord. 541, passed 01-09-2025)

1040.095: - TCR (TRANSITIONAL RURAL COMMERCIAL)

Subd. 1. Purpose. The Transitional Rural Commercial District (TCR) represents transition areas that have been identified as practical and generally suitable for future development as part of the Rural Commercial District. The purpose of the TCR District is to provide a holding zone until a landowner makes application for development, at which time the City may rezone the affected property to CR, consistent with the land use plan. Residential land uses will be allowed to continue pending future redevelopment consistent with the City's Comprehensive Plan.

Subd. 2. Permitted Uses.

• A. Agriculture and Tree Farms.

• B. Day Care Facilities, State licensed, as defined by statute.

• C. Dwelling, Single Family Detached.

• D. Seasonal Produce Stands.

• E. Residential Facility in a single family detached dwelling, serving 6 or fewer individuals and licensed by the State.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Fences as regulated by Section 1060 (Performance Standards) of this Chapter.

• E. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.

• G. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.

• H. Signs as regulated by the City Code.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Towers and Antennas (freestanding) as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Accessory Dwelling Unit, subject to the following standards:

  1. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot.

  2. An attached or detached unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit.

  3. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 960 square feet, whichever is less.

4. Unless otherwise specified in this Subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 1030 of this Chapter. In evaluating how a detached accessory dwelling unit fits within the size limitations outlined in Section 1030, only the footprint of the accessory dwelling unit is subject to the accessory structure size limit provided for all zoning districts.

   5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, colors, and materials as the principal building on the lot.

   6. The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit.

   7. There shall be no separate ownership of the accessory dwelling unit.

   8. In addition to the parking spaces required for the principal dwelling unit on the lot, 2 offstreet parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this Chapter.

   9. An accessory dwelling unit shall use the same street number as the principal dwelling unit but must include a unique identifier that is consistent with the City's Street Naming and Addressing Policy to ensure compatibility with Hennepin County, the U.S. Postal Service, and emergency service providers. The entryway to an accessory dwelling unit shall include identifying signage and be connected to the driveway with an improved walkway.

   10. Accessory dwelling units are subject to the same height restriction for principal structures as determined by the zoning district but must not exceed the existing height of the principal structure.

• B. Essential Services, as allowed by Section 1030.090.

• C. Special Home Occupations as allowed by Section 1030.100 of this Chapter.

Subd. 7. Development Rights. In order for development rights assigned to properties within this district to be utilized, the property shall first be rezoned to Rural Commercial for consistency with the land use designation in the Comprehensive Plan.

Subd. 8. Area Requirements. The following minimum requirements shall be met in the TCR district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

(Ord. 348, passed 05-25-17, Ord. 389, passed 02-28-19, Ord. 472, passed 12-22-22, Ord. 532, passed 08-222024)

1040.100: - C-1 (NEIGHBORHOOD COMMERCIAL)

Subd. 1. Purpose. The purpose of the Neighborhood Commercial (C-1) District is to allow single and multi-use commercial buildings containing convenience retail and service commercial uses at major intersections on small neighborhood scale sites where public sewer is available and sites are designated in the 2030 Comprehensive Plan. The district is intended to accommodate the basic needs of neighborhoods that would not otherwise have convenient access to retail areas in the City. Due to the proximity to residential neighborhoods new buildings shall appear to have similar scale and design elements as the neighboring buildings. Businesses requiring exterior storage for processing retail sales or wholesale activities are not permitted in this district. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.

Subd. 2. Permitted Uses.

• A. Bakery, retail.

• B. Banks, savings and loan, credit unions and other financial institutions, with or without drivethrough.

• C. Barbers, Beauty Shops and similar personal service uses.

• D. Cannabis, retail, compliant with Corcoran Code Section 119.03-04 and 1060.120.

• E. Lower Potency Hemp Edible Retailers, compliant with Corcoran Code Section 119.03 and 1060.120.

• F. Civic Buildings, such as City Hall, libraries, fire stations, etc.

• G. Copy/print shop.

• H. Day Care Facilities, State licensed, as defined by statute.

• I. Dry cleaning and laundry pick up, incidental pressing and repair without dry cleaning processing.

• J. Offices, medical and professional.

• K. Public and Private Clubs and Lodges.

• L. Restaurants and cafes (without drive-through).

• M. Retail goods and service uses of a similar nature within a fully enclosed building (without drive-through and not to exceed 50,000 square feet).

• N. Taverns.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Keeping of Animals, subject to Chapter 81 (animals) of the City Code.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. Automobile Retail (tires, batteries, etc. No body work or repair work).

• B. Car Washes.

  1. The site shall provide stacking space for the car wash. The amount of stacking space shall take into account the type of car wash and the amount of time it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces or traffic circulation.

  2. The exit from the car wash shall have a drainage system which is subject to the approval of the City and gives special consideration to the prevention of ice build-up during winter months.

3. Hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m. daily.

• C. Commercial Kennel, subject to Chapter 81 of the City Code.

• D. Commercial recreation and entertainment.

• E. Drive-through businesses, subject to the standards outlined in Section 1060.060, Subd. 12.

• F. Greenhouses and Nurseries, subject to the following:

1. When abutting a residential use or district, the property shall be screened and landscaped in accordance with this Chapter. All structures shall be set back at least 100 feet from any residential property line.

2. On-site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture.

3. Adequate off-street parking is provided on an improved surface as required by this Ordinance.

4. Adequate parking, loading and maneuvering areas shall be provided.

5. Loading areas are fully screened from adjacent residential uses.

6. Not more than 30 percent of the site area shall contain outdoor storage of plants, accessory items and landscaping materials. All other sales and product storage areas must be within an approved building or structure.

7. Hours for retail sale of product to customers shall be limited to 7:00 a.m. to 9:00 p.m.

8. Lighting shall comply with all ordinance requirements. If more than 25 percent of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.

9. The site complies with the minimum lot area standards for the district.

10. Sale of accessory items shall be permitted for the business as long as they cover no more than 10 percent of the outside site area.

11. The provisions of Section 1070.020 of this Ordinance are considered and satisfactorily met.

• G. Health clubs and fitness centers less than 5,000 square feet in size.

• H. Hospitals, nursing home and similar care facilities.

• I. Hotel, inns and bed and breakfast establishments.

• J. Motor Fuel Stations.

1. That the proximate area and location of space devoted to non-automotive merchandise sales shall be specified in the application and in the conditional use permit. Exterior sales or storage shall be only as allowed by the conditional use permit.

   2. The off-street loading space(s) and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.

   3. Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.

   4. All buildings, canopies, and pump islands shall be located to comply with the minimum setback requirements of the zoning district in which they are located.

2. All canopy lighting for motor fuel station pump islands shall be recessed or shielded to provide a 90-degree cutoff. Illumination levels for pump islands shall not exceed 30-foot candles.

   6. Litter Control. The operation shall be responsible for litter control within 300 feet of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control.

• K. Towers and Antennas (freestanding) as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance.

• L. Veterinary clinic, Animal Hospital and related indoor kennel; and pet grooming.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Essential Services, as allowed by Section 1030.090.

• B. Seasonal Outdoor Retail Sales.

  1. Seasonal outdoor retail sales shall not exceed a combined total of 120 days in any 12month period. Outdoor retail sales shall not occupy an area exceeding 10 percent of a lot's area, and shall meet all yard setback requirements.

  2. Where seasonal outdoor retail sales are conducted in a parking lot, they shall be confined to a defined area, and not be allowed to obstruct access of emergency vehicles or pose a traffic safety problem. Temporary fencing or other suitable mechanisms shall be used to delineate the sales area and provide for pedestrian safety.

  3. Where tents, temporary green houses, or similar structures are used to store, and/or display merchandise, they shall be anchored to provide a wind-load resistance of 40 miles per hour.

• C. Towers and Antennas as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance, only when co-located on an existing structure.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the C-1 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

(Ord. 348, passed 05-25-17, Ord. 365, passed 06-28-18, Ord. 389, passed 02-28-19, Ord. 541, passed 1-92025)

1040.110: - C-2 (COMMUNITY COMMERCIAL)

Subd. 1. Purpose. This district is intended to provide for a variety of retail and service businesses serving the region, which are oriented towards motorists and require high volumes of traffic and visibility from major roads. The service area for this area will extend beyond the boundaries of Corcoran. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.

Subd. 2. Permitted Uses.

• A. Bakery, retail.

• B. Banks, savings and loan, credit unions and other financial institutions, with or without drivethrough.

• C. Barbers, Beauty Shops and similar personal service uses.

• D. Cannabis, retail, compliant with Corcoran Code Section 119.03-04 and 1060.120.

• E. Lower Potency Hemp Edible Retailers, compliant with Corcoran Code Section 119.03 and 1060.120.

• F. Civic Buildings, such as City Hall, libraries, fire stations, etc.

• G. Day Care Facilities, State licensed, as defined by statute.

• H. Department Stores.

• I. Drug Stores, Variety Stores, etc.

• J. Dry cleaning and laundry pick up, incidental pressing and repair without dry cleaning processing.

• K. Funeral Homes and Mortuaries.

• L. Grocery Stores (not to exceed 50,000 square feet).

• M. Hardware Stores.

• N. Hobby and Craft Stores.

• O. Home Furniture and Home Furnishing Stores.

• P. Household Appliance Stores.

• Q. Laundromats.

• R. Liquor—Off-sale/On-sale.

• S. Offices, medical and professional.

• T. Public and Private Clubs and Lodges.

• U. Retail goods and service uses of a similar nature.

• V. Restaurants and cafes (without drive-through).

• W. Retail goods and service uses of a similar nature

• X. Sporting Goods and similar retail sales.

• Y. Tailoring services, shoe repair and similar services.

• Z. Taverns

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• E. Keeping of Animals, subject to Chapter 81 (animals) of the City Code.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. Assisted Living Facility.

• B. Automobile Retail (tires, batteries, etc. No body work or repair work).

• C. Car Washes.

  1. The site shall provide stacking space for the car wash. The amount of stacking space shall take into account the type of car wash and the amount of time it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces or traffic circulation.

  2. The exit from the car wash shall have a drainage system which is subject to the approval of the City and gives special consideration to the prevention of ice build-up during winter months.

• D. Commercial Kennel, subject to Chapter 81 of the City Code.

• E. Commercial recreation and entertainment.

• F. Drive-through businesses, subject to the standards outlined in Section 1060.060, Subd. 12.

• G. Dwelling, Multiple Family.

• H. Greenhouses and Nurseries, subject to the following:

1. When abutting a residential use or district, the property shall be screened and landscaped in accordance with this Chapter. All structures shall be set back at least 100 feet from any residential property line.

2. On-site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture.

3. Adequate off-street parking is provided on an improved surface as required by this Ordinance.

4. Adequate parking, loading and maneuvering areas shall be provided.

5. Loading areas are screened from adjacent residential uses.

6. Not more than 30 percent of the site area shall be covered with buildings or other structures.

7. Hours for retail sale of product to customers shall be limited to 7:00 a.m. to 9:00 p.m.

8. Lighting shall comply with all ordinance requirements. If more than 25 percent of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.

9. The site complies with the minimum lot area standards for the district.

10. Sale of accessory items shall be permitted for the business as long as they cover no more than 10 percent of the outside site area.

11. The provisions of Section 1070.020 of this Ordinance are considered and satisfactorily met.

• I. Hospitals, nursing home and similar care facilities.

• J. Hotel, inns and bed and breakfast establishments.

• K. Motor Fuel Stations.

1. That the proximate area and location of space devoted to non-automotive merchandise sales shall be specified in the application and in the conditional use permit. Exterior sales or storage shall be only as allowed by the conditional use permit.

2. The off-street loading space(s) and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.

3. Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned

to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.

4. All buildings, canopies, and pump islands shall be located to comply with the minimum setback requirements of the zoning district in which they are located.

5. All canopy lighting for motor fuel station pump islands shall be recessed or shielded to provide a 90-degree cutoff. Illumination levels for pump islands shall not exceed 30-foot candles.

6. Litter Control. The operation shall be responsible for litter control within 300 feet of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control.

• L. Places of Worship/Assembly.

• M. Towers and Antennas (freestanding) as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance.

• N. Veterinary clinic, Animal Hospital and related indoor kennel; and pet grooming.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Essential Services, as allowed by Section 1030.090.

• B. Seasonal Outdoor Retail Sales.

  1. Seasonal outdoor retail sales shall not exceed a combined total of 120 days in any 12month period. Outdoor retail sales shall not occupy an area exceeding 10 percent of a lot's area, and shall meet all yard setback requirements.

  2. Where seasonal outdoor retail sales are conducted in a parking lot, they shall be confined to a defined area, and not be allowed to obstruct access of emergency vehicles or pose a traffic safety problem. Temporary fencing or other suitable mechanisms shall be used to delineate the sales area and provide for pedestrian safety.

  3. Where tents, temporary green houses, or similar structures are used to store, and/or display merchandise, they shall be anchored to provide a wind-load resistance of 40 miles per hour.

• C. Towers and Antennas as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance, only when co-located on an existing structure.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the C-2 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

(Ord. 348, passed 05-25-17, Ord. 365 passed 06-28-18, Ord. 389, passed 02-28-19, Ord. 541, passed 1-92025)

1040.120: - BP (BUSINESS PARK)

Subd. 1. Purpose. The intent of this district is to provide for the establishment of campus developments with a variety of office, low-impact manufacturing or assembly of a variety of products that create no exterior noise, glare or fumes. Uses allowed in this district are limited to those that are compatible with lower intensity residential and business uses and which have limited amounts of outside storage. Developments in this district will provide a number of amenities, including architectural controls, landscaping, preservation of natural features, etc. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.

Subd. 2. Permitted Uses.

• A. Banks, savings and loan, credit unions and other financial institutions, with or without drivethrough.

• B. Cannabis, state licensed businesses with no retail or outdoor cultivation component compliant with Corcoran Code Section 119 and 1060.120.

• C. Civic Buildings, such as City Hall, libraries, fire stations, etc.

• D. Commercial printing establishments.

• E. Conference centers and reception halls.

• F. Essential services and structures.

• G. Laboratories/research facilities.

• H. Manufacturing or assembly of products that produce no exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectionable impact on the environment.

• I. Offices, medical and professional.

• J. Office/Warehouse.

• K. Radio and television stations or studios.

• L. Technical, vocational, business and college/university satellite facilities/schools.

• M. Warehousing and indoor storage used in conjunction with offices or manufacturing facilities.

• N. Wholesale Showrooms.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

D.

Tenant restaurants, cafeterias, and retail service limited to tenants of the building, provided that they be essentially limited to providing service to the users of the permitted use, and that no signs or other evidence of these uses are visible from the exterior of the building.

• E. Keeping of Animals, subject to Chapter 81 (animals) of the City Code.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. Day Care, Commercial.

• B. Hotel, inns and bed and breakfast establishments.

• C. Retail Uses accessory to permitted development limited to 10 percent of the gross floor area of the building.

• D. Towers and Antennas (freestanding) as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. School facility, leasing space.

• B. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Accessory buildings and structures for a use accessory to the principal commercial or business use provided such structure does not exceed 30 percent of the gross floor space of the principal use.

• B. Essential Services, as allowed by Section 1030.090.

• C. Towers and Antennas as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance, only when co-located on an existing structure.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the BP district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

(Ord. 348, passed 05-25-17, Ord. 389, passed 02-28-19, Ord. 541, passed 1-9-2025)

1040.125: - I-1 (LIGHT INDUSTRIAL)

Subd. 1. Purpose. The purpose of the I-1, Light Industrial District is providing for the establishment of warehousing and light industrial development. The overall character of the I-1 District is intended to have a low impact manufacturing/warehouse character. Industrial uses allowed in this district shall be limited to those which can compatibly exist adjacent to both lower intensity business uses and high intensity manufacturing uses and which have limited amounts of truck traffic. Because I-1 may abut residential uses the I-1 uses are regulated in height, lot coverage, setbacks, landscaping, loading and use type so as to facilitate compatibility between these uses and residential development. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.

Subd. 2. Permitted Uses.

• A. Automotive detailing shops.

• B. Cannabis, state licensed businesses with no retail or outdoor cultivation component compliant with Corcoran Code Section 119 and 1060.120.

• C. Civic Buildings, such as City Hall, libraries, fire stations, etc.

• D. Commercial printing establishments.

• E. Contractors operations.

• F. Equipment rental.

• G. Indoor sports and recreation (commercial) provided the structure and use is located at least one hundred feet (100') from any residential zoning district.

• H. Laboratories/research facilities.

• I. Manufacturing or assembly of products that produce no exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectionable impact on the environment.

• J. Lumber yards/building material sales.

• K. Offices, medical and professional.

• L. Office/Warehouse.

• M. Printing and publishing.

• N. Radio and television stations or studios.

• O. Recycling facility-indoor.

• P. Warehousing/distribution and indoor storage.

• Q. Wholesale Showrooms.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Keeping of Animals, subject to Chapter 81 (animals) of the City Code.

• D. Retail sales related to the processing of product on site so long as it does not exceed thirty percent (30%) of the floor space of the principal building.

• E. Tenant restaurants, cafeterias, and retail service limited to tenants of the building, provided that they be essentially limited to providing service to the users of the permitted use, and that no signs or other evidence of these uses are visible from the exterior of the building.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

A. Day Care, Commercial.

• B. Mini Storage/Self Storage Facilities.

  1. Units are to be used for dead storage only. Units are not to be used for retailing, auto repair, human habitation, or any commercial activity, except as allowed by this Section.

  2. Combining office and /or retail space with a self-service storage facility may be allowed by Conditional Use Permit.

  3. Storage of hazardous or flammable materials is prohibited.

  4. No exterior storage is allowed.

  5. The facility shall be secured by either the walls of the structure and/or fencing. All doors on the units shall face inward and away from the street and property lines.

  6. An on-site manager is allowed only where adequate sanitary facilities are provided, either through use of a septic system or through connection to the public sanitary sewer system. Use of portable sanitary facilities does not fulfill this requirement.

• C. Motor Vehicle, Boat or Equipment Repair.

  1. All servicing of vehicles and equipment shall occur entirely within the principal structure.

  2. To the extent required by State law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulated matter.

  3. Storage and use of all flammable materials, including liquid and rags, shall conform with applicable provisions of the Minnesota Uniform Fire Code.

  4. Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the City and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks.

5. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building.

   6. The sale of products other than those specifically mentioned in this Section shall be subject to a separate conditional use permit.

• D. Motor Vehicle, Boats and Equipment Sales.

  1. All sales shall occur on one lot.

  2. Parking areas for the outside storage and sale of vehicles, boats and trailers, shall be on impervious surface, either bituminous, concrete, or approved equivalent.

  3. Interior concrete or asphalt curbs shall be constructed within the property to separate driving and parking areas from landscaped areas.

All areas of the property not devoted to buildings or parking areas shall be landscaped in accordance with this Ordinance.

5. Off-street parking shall be provided for customers and employees in accordance with this Ordinance.

6. Parking for a motor vehicle, boat, or trailer sales shall not be less than 9 feet wide by 18.5 feet in length.

• E. Outside Storage, accessory to an allowed use provided that:

  1. Storage area is blacktop or concrete surfaced unless specifically approved by the City Council.

  2. The storage area does not take up parking space or loading space as required for conformity to this Chapter.

  3. The storage area is screened from public streets and surrounding properties.

• F. Towers and Antennas (freestanding) as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance.

• G. Trade Schools, Seminaries and other Higher Education Facilities.

• H. Veterinary clinic, Animal Hospital and related indoor kennel; and pet grooming.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. Land reclamation, mining and soil processing.

• B. Outside Storage as a principal use, subject to the following:

  1. The use is to provide supplemental outside storage to another property in the immediate vicinity, under common ownership, which is separated from that use by a public street, prohibiting the properties from being combined as a single parcel. For the purposes of this paragraph, properties in the "immediate vicinity" of one another shall be those which would be contiguous but for the existence of a single public street between them.

  2. No motor vehicle repair work of any kind shall be permitted in the outside storage area.

  3. All exterior storage shall be screened so as not to be visible from adjoining properties and public streets. Screening must be in compliance with Section 1060.070, Subd. 2.J. of the ordinance.

  4. The height of stored materials shall be no higher than the screening.

  5. Outside storage areas and any required screening fence shall meet all parking setback requirements for the district.

Storage area is blacktop or concrete surface unless another surface is specifically approved by the City Council.

7. With the exception of parking signage permitted or required by section C, below, no signage shall be permitted for the site.

   8. Outside storage shall be exclusively for items directly related to the principal business to which the use provides supplemental storage, as required by B.1., above. The principal business must qualify as an allowed use within the district. The provision of supplemental storage for businesses or properties other than the principal business is prohibited.

• C. Parking as a principal use, subject to the following:

  1. The use is to provide supplemental parking to another property in the immediate vicinity, under common ownership, which is separated from that use by a public street, prohibiting the properties from being combined as a single parcel. For the purposes of this paragraph, properties in the "immediate vicinity" of one another shall be those which would be contiguous but for the existence of a single public street between them.

  2. Parking and drive aisles must be paved with curb and gutter and comply with the standards in Section 1060.060 of the ordinance.

  3. Parking, drive aisles and loading areas shall meet the setback requirements in Section 1060.060 of the ordinance.

  4. Parking and loading areas shall be screened from properties guided or zoned residential and from public streets. Screening to a height of at least 3 feet shall be provided to screen vehicle headlights.

  5. Any proposed access onto a public street must comply with Section 945.010, Subd. 5 (Engineering Design Standards).

  6. Parking shall be exclusively for employees and customers of the principal business to which the use provides supplemental parking, as required by C.1., above. The City Council may require the placement of signage on the property providing notice of this restriction. The principal business must qualify as an allowed use within the district. The provision of supplemental parking to businesses or properties other than the principal business is prohibited.

  7. Vehicles parked for more than 72 hours shall be considered a storage nuisance and must be moved to an approved, screened storage area.

  8. Gravel off-loading areas for heavy equipment may be permitted by the City Council if documented demand is provided, the applicant can ensure that no damage will be done to City streets and the off-loading area meets all parking setback requirements for the district.

Directional signs as allowed by Chapter 84 of the code would be allowed with City approval. No other signage shall be permitted for the site, except parking restriction signs required by the City Council pursuant to C.6, above.

• D. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Essential Services, as allowed by Section 1030.090.

• B. Towers and Antennas as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance, only when co-located on an existing structure.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the I-1 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

(Ord. 348, passed 05-25-17, Ord. 389, passed 02-28-19, Ord. 417, passed 06-24-21, Ord. 530, passed 07-2524, Ord. 541, passed 1-9-2025)

1040.130: - DOWNTOWN MIXED USE (DMU) DISTRICT

Subd. 1. Purpose. The purpose of the Downtown Mixed Use District is to provide for the orderly and integrated development of a high quality downtown. The Downtown Mixed Use District applies to those properties classified as Mixed Use on the 2030 Future Land Use Plan and located on the east side of County Road 116 on both sides of County Road 10. The Downtown Mixed Use District will provide for the establishment of a community focal point which is a blend of cultural, civic, entertainment, commercial, retail, residential and office uses as defined and guided by the 2030 Comprehensive Plan. Residential multi-family uses shall be developed at a minimum of ten units per acre or greater. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.

• (Ord. 319, passed 05-26-17)

Subd. 2. Intent. The intent of this district is to:

• A. Establish a strong identity for the City of Corcoran downtown.

• B. Create an orderly and integrated mix of high-quality uses for downtown Corcoran that includes a mix of shops, restaurants, offices, housing, recreation, community facilities, parks and open space, all within a walkable area designed to be both pedestrian-friendly and autoaccessible.

• C. Promote high-quality architectural and site design.

Subd. 3. Application and Reference Materials.

The Downtown Mixed Use District is where development will be most concentrated, and where controls are needed to produce the traditional "Main Street" qualities that Corcoran is seeking. In addition to the requirements of this Section, development in this area should comply with the spirit and intent of the City's Design Guidelines (Appendix A and B).

(Ord. 319, passed 05-26-16)

Subd. 4. Permitted Uses.

• A. Bakery, retail.

  • B. Banks, savings and loans, credit unions and other financial institutions without drive-through.

  • C. Barbers, Beauty Shops and similar personal service uses.

  • D. Civic Buildings, such as City Hall, libraries, fire stations, etc.

  • E. Copy/print shop.

  • F. Day Care Facilities, State licensed, as defined by statute.

• G. Dry cleaning and laundry pick up, incidental pressing and repair without dry cleaning processing.

  • H. Dwelling, Attached.

  • I. Dwelling, Detached.

  • J. Dwelling, Multiple Family with a minimum density of 10 units per net acre, which may include units combining living and working space within the unit, if all units on the same floor of a building are the same.

  • K. Dwelling, Senior.

  • L. Hotel, inns and bed and breakfast establishments.

  • M. Offices, medical and professional.

  • N. Public parking ramp.

  • O. Restaurants and cafes (without drive-through).

  • P. Retail goods and service uses of a similar nature within a fully enclosed building (without drive-through).

  • Q. Taverns.

• (Ord. 319, passed 05-26-16)

Subd. 5. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Keeping of Animals, subject to Chapter 81 (animals) of the City Code.

• D. Outdoor seating within the public right-of-way or public open space for a permitted or conditional use, provided that:

  1. A sidewalk area at least six feet (6') wide is maintained free of seating in the area.

  2. An outdoor seating plan is prepared and approved by the City Council on the recommendation of the planning commission, on finding that the plan will not compromise public health, safety, or welfare. The plan may also include seasonal temporary landscaping and features such as planter boxes, hanging baskets, low partitions, roped off areas, and other approved elements.

E. Public open space plaza, square or other related uses.

Subd. 6. Conditional Uses.

• A. Assisted living facility.

• B. Drive-through lanes serving permitted or conditional uses, except for restaurants, for which drive-through lanes are not allowed in the Downtown Mixed Use District, provided lanes comply with Section 1060.60, Subd. 12 of this Ordinance and meet the following criteria:

  1. Drive-Through Lanes: Drive-through or drive-in lanes are not allowed within the build-to line or in front of any building; they must be located to the side or rear of a building. This does not pertain to driveways.

  2. Adequate stacking distance shall be provided, as determined by the City Engineer, which does not interfere with other driving areas, parking spaces, or sidewalks.

  3. Electronic speaker devices, if used, shall not be audible beyond the property being served and shall not be operated between the hours of ten (10:00) P.M. and seven (7:00) A.M.

  4. Screening shall be provided of automobile headlights in the drive-through lane to adjacent properties. Such screening shall be at least three feet (3') in height and fully opaque, consisting of a wall, fence, dense vegetation, berm, or grade change.

  5. A bypass lane shall be provided for each drive-through use, allowing cars to leave the drive-through lane from the stacking area.

• C. Funeral Homes and Mortuaries.

• D. Health clubs and fitness centers less than 5,000 square feet in size.

• E. Museum.

• F. Nursing Home.

• G. Theatre.

Subd. 7. Interim Uses.

• A. Farmers Market.

• B. Street Vendors.

• C. Other uses as approved by the City Council.

Subd. 8. Uses by Administrative Permit.

• A. Essential Services, as allowed by Section 1030.090.

Subd. 9. Area Requirements. The following minimum requirements shall be met in the DMU district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts) and the Design Guidelines (Appendix A and B):

(Ord. 319, passed 05-26-16, Ord. 389, passed 02-28-19)

1040.135: - GENERAL MIXED USE (GMU) DISTRICT

Subd. 1. Purpose. The purpose of the General Mixed Use District (GMU) is to provide an area for compact, inter-connected, walkable, mixed-use development along key community corridors and to support high quality development and site flexibility due to the unique site conditions in these areas. The mixture of land uses within the district is essential to establishing the level of vitality and intensity needed to support retail and service uses. A combination of retail, office, service and residential uses are encouraged although not required. Buildings may also be entirely one use. The placement of the building and the relationship of the building, parking, landscaping, and pedestrian spaces is essential to creating the pedestrian-friendly environment envisioned for the GMU District. The standards in this Section are reinforced within the Design Guidelines contained in Appendix A. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.

The General Mixed Use District applies to those properties classified as Mixed Use on the 2030 Future Land Use Plan and adjacent to County Road 30. The character of the General Mixed Use District shall reflect high quality design due to the high visibility of these areas at the gateway to the City at County 30. Although development in this mixed-use district will be more auto-oriented in design than the Downtown Mixed Use District, pedestrian connections and amenities will still be required to provide connections to existing and future planned areas, sidewalks and trails and to provide for safe pedestrian circulation within the site. Landscaping, and architectural details shall be used to unify sites within the General Mixed Use District.

Subd. 2. Permitted Uses.

• A. Bakery, retail.

• B. Banks, savings and loans, credit unions and other financial institutions without drive-through.

• C. Barbers, Beauty Shops and similar personal service uses.

• D. Civic Buildings, such as City Hall, libraries, fire stations, etc.

• E. Copy/print shop.

• F. Day Care Facilities, State licensed, as defined by statute.

• G. Dry cleaning and laundry pick up, incidental pressing and repair without dry cleaning processing.

• H. Dwelling, Multiple Family with a minimum density of 10 units per net acre, which may include units combining living and working space within the unit, if all units on the same floor of a building are the same.

• I. Hotel, inns and bed and breakfast establishments.

• J. Offices, medical and professional.

• K. Retail goods and service uses of a similar nature within a fully enclosed building (without drive-through).

• L. Restaurants and cafes (without drive-through).

• M. Taverns.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Keeping of Animals, subject to Chapter 81 (animals) of the City Code.

• E. Outdoor seating accessory to a restaurant.

• F. Public open space plaza, square or other related uses.

G. Structured parking.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. Assisted living facility.

• B. Drive-through businesses, subject to the standards outlined in Section 1060.060, Subd. 12.

• C. Funeral Homes and Mortuaries.

• D. Health clubs and fitness centers.

• E. Motor Fuel Stations.

• F. Museum.

• G. Nursing Home.

• H. Places of Worship/Assembly.

• I. Schools, Private.

• J. Theatre.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. Farmers Market.

• B. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Essential Services, as allowed by Section 1030.090.

• B. Seasonal Outdoor Retail Sales.

  1. Seasonal outdoor retail sales shall not exceed a combined total of 120 days in any 12month period. Outdoor retail sales shall not occupy an area exceeding 10 percent of a lot's area, and shall meet all yard setback requirements.

  2. Where seasonal outdoor retail sales are conducted in a parking lot, they shall be confined to a defined area, and not be allowed to obstruct access of emergency vehicles or pose a traffic safety problem. Temporary fencing or other suitable mechanisms shall be used to delineate the sales area and provide for pedestrian safety.

  3. Where tents, temporary green houses, or similar structures are used to store, and/or display merchandise, they shall be anchored to provide a wind-load resistance of 40 miles per hour.

• C. Towers and Antennas as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance, only when co-located on an existing structure.

Subd. 7. Site Design.

• A. Structures shall be oriented and consolidated to complement existing, adjacent development to create a coordinated and visually attractive mixed use setting throughout the district.

• B. Site planning shall respect the relationship of the site to the existing and proposed buildings and streets and major roadways.

• C. Commercial parking lot design shall include provisions for cross easements and stubbed access drives to the property line for the use of adjacent properties so that residents and customers do not need to return to the public street system to access adjacent developments.

• D. Buildings shall have a clearly defined primary pedestrian entrance at street level.

• E. Wherever a surface parking area faces a street frontage, such frontage shall be screened with a decorative wall, railing, hedge, or a combination of these elements to a minimum height of 2 ½ feet and a maximum height of 3 ½ feet above the level of the parking lot at the build to line.

• F. Drive-through or drive-in lanes are not allowed within the front of any buildings. They must be located to the side or rear of a building.

• G. Maximum Impervious Coverage. The total lot coverage shall not exceed 80% impervious.

Subd. 8. Parking Requirements.

• A. At least 50% of the required parking for residential units in the GMU district shall be provided in structured parking or in enclosed garages. The residential parking spaces shall be specifically reserved for the use of residents and visitors only, separate from any commercial, office or other uses on-site or nearby and shall not be counted as part of any shared parking or joint parking arrangement.

• B. Parking for non-residential uses shall meet with requirements in Section 1060.060 but may include reductions for shared parking arrangements, if appropriate, as determined by the City Council. Any shared parking arrangements must be fully connected and in reasonable proximity to each use.

Subd. 9. Building Design Requirements. To maintain the character of the GMU District, any construction is subject to the following standards to reflect the character of the District. The design standards are explained in further detail and illustrated in the City Design Guidelines in Appendix A.

• A. All new building fronts (single story or multi-story) shall include a minimum of four (4) of the following elements:

  1. Architectural detailing, such as cornice, awning, parapet, or columns;

  2. A visually pleasing primary front entrance that, in addition to doors, shall be accented a minimum of one hundred fifty (150) square feet around the door entrance for single occupancy buildings and a minimum of three hundred (300) square feet total for the front of multi-tenant buildings (this area shall be counted as one element). Entrances shall be clearly articulated and obvious from the street;

  3. A minimum of thirty (30) percent window coverage on each front that faces a street;

  4. Contrasting, yet complementary material colors;

  5. A combination of horizontal and vertical design features;

  6. Irregular building shapes;

  7. Other architectural features in the overall architectural concept.

• B. Multi-story buildings shall have the ground floor distinguished from the upper floors by having one or more the following:

  1. Awning

  2. Trellis

  3. Arcade

4. Window lintels

   5. Intermediate cornice line

   6. Brick detailing such as quoins or corbels

• C. Residential Uses on First Floors: Whenever residential uses are included on the first floor of a building the first floor elevation shall be raised above the sidewalk elevations immediately adjacent to the front of the residential unit to ensure the residential unit is separated from the public space. In addition, each first floor unit must have an individual private entrance at the street level with private courtyard enclosure.

• D. Façade Articulation. Any exterior building wall adjacent to or visible from a public street, public open space, or abutting property may not exceed forty feet (40') in length without significant visual relief consisting of one or more of the following:

  1. The facade shall be divided architecturally by means of significantly different materials or textures, or

  2. Horizontal offsets of at least four feet (4') in depth, or

  3. Vertical offsets in the roofline of at least four feet (4'),

  4. Fenestration at the first floor level which is recessed horizontally at least one foot (1') into the facade.

• E. Accent Materials: Accent materials shall be wrapped around walls. Accent material shall consist of materials comparable in grade and quality to the primary exterior material. Such materials may include glass, prefinished decorative metal and fiber cement trim within soffit

and fascia areas.

• F. Major exterior materials of all walls including face brick, stone (natural or cultured), glass, stucco, synthetic stucco (EIFS), fiber cement vertical panel siding, architectural concrete and precast panels shall be acceptable as the major exterior wall surface when they are incorporated into an overall design of the building. Major materials must cover at least 60% of the exterior.

• G. Restricted Exterior Materials: Unadorned pre-stressed concrete panels, whether smooth or raked, non-decorative concrete block, sheet metal, unfinished metal and/or galvanized and unfinished aluminum surfaces (walls or roofs) shall not be used as exterior materials. This restriction shall apply to all principal structures and to all accessory buildings except those accessory buildings not visible from any property line. No more than twenty five percent (25%) of any exterior wall on a building shall be fiber cement siding, wood or metal accent material.

• H. Building Roofs. Mansard or mansard style roofs are not permitted except for mansard style cornices. Acceptable designs include flat, pitched or curved. Building roof styling shall incorporate a minimum of one (1) of the following elements:

  1. Parapets or cornices;

  2. Varying building height and variety of roof lines.

Subd. 10. Screening.

• A. Rooftop Mechanical Equipment. The view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities abutting a street on buildings shall be screened from the ground level view. Screening may include parapet walls, penthouses, or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.

• B. Screening Adjoining Residential Use. Wherever a GMU District abuts, or is across the street from an Residential District, a berm, fence or screening consisting of compact evergreen trees or hedge or a combination thereof, not less than eighty percent (80%) opaque at time of installation, nor less than six feet (6') in height, except adjacent to a street where it shall be not less than three feet (3') nor more than four feet (4') in height shall be erected or installed and maintained. All screening shall comply with this Chapter.

• C. Ground Mechanical Equipment. Ground mechanical equipment shall be one hundred percent (100%) screened from contiguous properties and adjacent streets by opaque landscaping, or screen wall compatible with the architectural treatment of the principal structure.

• D. Trash Enclosure Service Structure. All exterior trash enclosures or other accessory structures shall be constructed of the same materials and colors as the principal building.

Subd. 11. Exterior Storage.

• A. All exterior storage of material and equipment related to, located on, and used by any business or other nonresidential use shall be stored within a building or fully screened so as not to be visible from streets, highways, or neighboring property.

Subd. 12. Landscape Design.

• A. In addition to the landscape requirements in Section 1030.16 of this Chapter, plant materials shall be used to create a unified and attractive mixed use environment.

• B. Planting areas should be located and designed to avoid visual interference with public signage and private commercial communication.

• C. Plant materials shall be arranged to provide focal points on the site, and concentrated to signify key site locations such as the primary building entrance, site entrance, around signage, along pedestrian walkways, and along the perimeter of the building.

Subd. 13. Area Requirements. The following minimum requirements shall be met in the GMU district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

(Ord. 348, passed 05-25-17, Ord. 389, passed 02-28-19)

1040.140: - PUD (PLANNED UNIT DEVELOPMENT)

Subd. 1. Purpose. In return for greater flexibility in site design requirements, the Planned Unit Development (PUD) district is expected to deliver creative community designs of exceptional quality. PUDs shall honor the rural character of Corcoran by prioritizing nature through preservation, restoration, and/or enhancement of the natural systems that sustain the City. PUDs will include a combination of public benefits such as above-average open space amenities; incorporate creative design in the layout of buildings, open space, and circulation; assure compatibility with surrounding land uses and neighborhood character; and provide greater efficiency in the layout and provision of roads, utilities, and other infrastructure. A PUD can be used in the development of residential neighborhoods and/or nonresidential areas in a manner that would not be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the City Council to make in its legislative capacity.

Subd. 2. Intent. The intent of this district is to:

• A. Provide for the establishment of PUD districts in appropriate settings and situations to create or maintain a development pattern that is consistent with the City's Comprehensive Plan.

• B. Potentially allow for the mixing of land uses within a development when such mixing of land uses is determined to be compatible with the surrounding area and could not otherwise be accomplished under the existing zoning and subdivision regulations.

C.

Provide for variations to the strict application of the land use regulations to improve site design and operation, while at the same time incorporating design elements, that exceed the City's standards to offset the effect of any variations. Desired design elements may include the following: innovative design, integration of historical or rural structures and design elements, utilization of newly established technologies in building design, special construction materials, additional landscaping, creating parking and pedestrian connections, stormwater management, pedestrian-oriented design, or transitions to residential neighborhoods.

• D. Promote more creative and efficient approach to land use within the City, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the City.

• E. Preserve and enhance natural features, open spaces, trees, and scenic views.

• F. Maintain or improve the efficiency of public streets and utilities.

• G. Ensure appropriate transitions between differing land uses.

• H. Ensure high quality of design and designs that are compatible with surrounding land uses, including existing and planned.

Subd. 3. Applicability. A PUD district shall not be established for parcels guided in the Comprehensive Plan for Rural/Ag Residential and Rural Service/Commercial, except where allowed for an Open Space Preservation Plat. A PUD district can be established for parcels guided in the Comprehensive Plan as any other land use designation than those stated above when the City finds that the proposal meets the intent of this district.

Subd. 4. Allowed Uses. Uses within the PUD will generally be limited to those uses considered associated with the general land use category shown for the area on the City's Comprehensive Plan.

• A. Low Density Residential. PUDs located on land that is guided for existing and low density residential shall be limited to permitted and accessory uses in addition to uses allowed by conditional, interim, and/or administrative permit as contemplated with the following singlefamily residential districts: RSF-1, RSF-2, and RSF-3.

• B. Presumption of Underlying Zoning District.

  • i. PUDs located on land that is guided as one of the land use designations in the table below will be presumed to include permitted and accessory uses in addition to uses allowed by conditional, interim, and/or administrative permits of the underlying zoning district(s) associated with the land use designation.

Land Use Designation in Underlying Zoning Comprehensive Plan District

• ii. Additional uses not contemplated in the underlying zoning district may be approved by Ordinance if the Council determines such uses to be compatible with the intent of the underlying zoning district.

• C. Mixed Use. PUDs located on land guided as mixed use are expected to include a combination of residential and commercial uses.

Subd. 5. Presumptive Performance Standards. The district regulations (e.g., minimum lot dimensions, building height, and building coverage ratio) of the most closely related underlying zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purpose and intent described in this section.

Subd. 6. Design Standards. The PUD plan establishes the requirements for a PUD and shall govern land uses and design. The following is a list of minimum standards required of PUDs:

• A. Appropriate Integration. PUDs shall be appropriately integrated into existing and proposed surrounding development. This does not mean the PUD reflects the specific standards of the surrounding area such as lot size, density, setbacks, or design. While integration may be achieved through such standards, it may also be achieved through continuation of existing land use types, architectural transitions, landscaping buffering, or other means.

• B.

Variety and Enhanced Design. Since PUDs are expected to exceed standards, most residential PUDs should include a wide variety of styles. Style refers to the exterior image and footprint, not the floor plan. Where a wide variety of styles does not make sense, the PUD should include enhanced building design that exceeds underlying standards.

• I. PUDs with detached homes must provide house elevations for approval. There should be no less than 5 styles of detached homes.

• II. PUDs with attached homes (not including apartment buildings) must include no less than 2 styles.

• III. For PUDs without a residential component, applicants must provide material boards with renderings for design evaluation.

• C. Open Space. A low-density residential PUD shall provide a percentage of the project area as open space based on the requested lot width minimum as shown in the subsequent table.

• I. If the PUD is to be developed in phases, the applicant must include the entire site to be designated as open space in the plat of the first phase of development.

• II. Open space is a vegetated area or areas available for the common use of and is accessible by all residents or occupants of the buildings within the PUD.

  • a. Open space shall consist of upland and be calculated on a net basis which excludes private yards, private streets from back of curb to back of curb, public rights-of-way, or any other non-recreational impervious surface area.

  • b. Areas within easements shall be used in calculating open space unless the easement is over an inaccessible and/or unusable space such as wetlands or stormwater ponds.

  • c. The calculation will be based off the net pre-development area.

  • d.

Dedicated parkland or trails shall not be used in calculating open space for a development if it is anticipated in the 2040 Comprehensive Plan.

  - e. Outdoor recreational facilities or structures can be placed within the open space to be used by the residents of the development such as gardens, greens, and gazebos. However, enclosed structures such as club houses or sheds cannot be placed within the open space. 

  - f. The applicant shall be required to submit an open space plan along with the PUD development plan. The open space plan will illustrate the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area. 

• III. These open space requirements do not apply to Open Space & Preservation PUDs in the Rural Residential and Urban Reserve zoning districts.

• IV. The Council can waive or reduce the open space requirement at their discretion when an applicant shows that the open space cannot be accommodated with other City requirements (including a minimum density of 3 units per acre) and/or proposed public benefits.

• D. Perimeter Buffer. PUDs shall provide a landscaping buffer to screen homes from arterial and major collector roads.

• E. Public Accessibility. When a PUD includes natural features such as creeks, streams, ponds, and lakes, the PUD shall provide public access to these features.

• F. Discretionary Standards. In addition to the above standards, the City Council may impose such other standards for a PUD project as are reasonable and as the Council deems are necessary to protect and promote the general health, safety, and welfare of the community and surrounding areas.

• G. Prohibited Features and Modifications.

  • I. The City will not grant side setbacks that result in less than a 15-foot minimum required separation between two detached dwellings.

  • II. PUDs with detached homes shall be designed to avoid interior perimeter roads that are parallel to arterial roadways. Roadways should be curvilinear wherever feasible with a variety of building orientation along arterial roadways.

==> picture [288 x 125] intentionally omitted <==

• III. PUDs cannot request flexibility from meeting the minimum required screening and/or buffering standards otherwise required in the Zoning Ordinance unless the applicant can show there is a site constraint out of their control that justifies a deviation from these requirements, proposes an alternative screening method that will meet the intent of the requirements, and/or proposes relocating screening methods to a more beneficial location within the development.

Subd. 7. PUD Benefits. PUDs are expected to provide a combination of public benefits in exchange for flexibility in Zoning Ordinance requirements. All new PUDs that have not submitted a sketch plan for City Council review prior to 5/25/2023 shall be reviewed against Corcoran's PUD Public Benefit Policy, hereby made a part of this Section, as may be amended from time to time.

• A. PUDs should seek to satisfy several of the identified public benefits in the PUD Public Benefit Policy. The size of the PUD, constraints of the site, and flexibility requested will be considerations for the City in determining whether an appropriate amount of public benefits are proposed to justify granting the PUD district.

• B. If an applicant would like the City Council to consider a potential benefit not captured by the PUD Public Benefit Policy, this should be discussed with staff and Council as part of the concept plan.

• C. A PUD that offers tree preservation as a public benefit will be required to replace any removed trees that were intended for preservation on a 1:1 caliper inch basis.

• D. PUDs for Open Space and Preservation plats in Rural Residential and Urban Reserve districts are not subject to the PUD Public Benefit Policy.

Subd. 8. Processing Procedures. The general sequence for application, review and action on a PUD shall be according to the following procedures:

• A. Pre-Application Conference

Prior to filing of an application or submittal of a sketch plan the applicant shall arrange for and attend a conference with the Zoning Administrator. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and

obtain guidance as to the general suitability of the proposal for the area and its conformity to the provisions of this district prior to incurring substantial expenditures in the preparation of plans, surveys, and other data.

• B. PUD Sketch Plan

Prior to filing a preliminary PUD development plan application, the applicant shall submit a sketch plan of the project to the Zoning Administrator prior to submission of a formal application. The Zoning Administrator shall refer the sketch plan to the City Council for discussion, review and informal comment. Any opinions or comments provided to the applicant shall be considered advisory only and shall not constitute a binding decision on the request.

The purpose of the sketch plan is to inform the City of the applicant's intentions and to inform the applicant as to the general acceptability of the proposal before extensive costs are incurred.

The PUD Sketch Plan shall be conceptual in nature but shall be drawn to scale and shall contain at a minimum the following:

1. Location map showing the location within the City and more detailed locations on halfsection plat maps showing all perimeter property lines.

2. Aerial photograph of the area.

3. General location of all identified natural resources and wetland inventories on and abutting the premise.

4. General location of existing and proposed structures.

5. Tentative access, circulation and street arrangements, both public and private.

6. Amenities to be provided such as recreational areas, open space, walkways, parking, landscaping, etc.

7. A representative example of the style of structures to be constructed.

8. Proposed public sanitary sewer, water and storm drainage.

9. A general statement of concept, identifying the intent of the project and compatibility with the surrounding area.

10. Extent of and any proposed modifications to land within the Overlay Districts as described and regulated in Section 1050.

11. Any other items as may be deemed necessary by City staff.

• C. Neighborhood Meeting

Prior to filing an application or submittal of a preliminary PUD plan, the applicant shall arrange and conduct a neighborhood meeting with notice provided to property owners within at least 350 feet of the desired site's perimeter. Thie primary purpose of this meeting shall be to provide information on a proposed development to surrounding neighborhoods and allow feedback to be provided and incorporated early in the process. An application for a preliminary PUD will not be considered complete until after a neighborhood meeting is held.

D. Preliminary PUD Development Plan

The purpose of the preliminary PUD development plan is to establish the intent, density, and intensity of the proposed development. Upon receipt of the complete application for rezoning to PUD and the preliminary PUD development plan, the item shall be scheduled for a public hearing at the Planning Commission. The Planning Commission shall conduct a public hearing in accordance with the provisions of the City's Code. Upon due consideration, the Planning Commission shall make a recommendation to the City Council.

development. Upon receipt of the complete application for rezoning to PUD and the preliminary PUD development plan, the item shall be scheduled for a public hearing at the Planning Commission. The Planning Commission shall conduct a public hearing in accordance with the provisions of the City's Code. Upon due consideration, the Planning Commission shall make a recommendation to the City Council.

Following the Planning Commission recommendation, the City Council shall consider the rezoning request and preliminary PUD development plan. At this meeting the City Council shall receive the recommendation from the Planning Commission and a report from the City Staff. Upon due consideration the City Council shall approve, disapprove, or approve with specified modifications and/or conditions by majority vote.

If a preliminary development plan has been denied by the City Council, the owner or applicant may not reapply for the same or similar on the same property for a six (6) month period following the date of the denial.

E. Final PUD Development Plan

The applicant shall submit a final PUD development plan to the City. The City Council shall consider the final development plan in accordance with the provisions of this Section. The City Council shall review the application to ensure that the proposed final PUD development plan is in substantial conformance with the approved preliminary PUD development plan. Upon due consideration the City Council shall approve, disapprove, or approve with specified modifications and/or conditions by majority vote.

If the applicant desires, and the City Council concurs, the preliminary and final development plans may be processed concurrently, provided all items required for both applications are submitted.

The rezoning of the property defined in the development plan shall not become effective until such time as the City Council approves an ordinance reflecting said amendment, which shall take place at the time that the City Council approves the final development plan.

Subd. 9. Required Findings. The Planning Commission and the City Council shall find the following prior to the approval of a preliminary development plan or final development plan:

• A. The planned development is not in conflict with the Comprehensive Plan.

• B. The planned development is not in conflict with the intent of the underlying zoning district and is compatible with surrounding land uses.

• C. The planned development is not in conflict with other applicable provisions of the City's Zoning Ordinance.

• D. The planned development or unit thereof is of sufficient size, composition, and arrangement that its construction, marketing, and/or operation is feasible as a complete unit without dependence upon any other subsequent unit or phase.

• E. The planned development will not create an excessive burden on parks, streets and other public facilities and utilities which serve or are proposed to serve the planned development.

• F. The planned development will not have an undue and adverse impact on the reasonable enjoyment of the neighborhood property.

• G. The quality of the building and site design proposed by the PUD plan shall substantially enhance the aesthetics of the site, shall demonstrate higher standards, more efficient and effective uses of streets, utilities and public facilities, it shall maintain and enhance any natural resources within the development, and create a public benefit that is greater than what would be achieved through the strict application of the primary zoning regulations.

Subd. 10. Preliminary Development Plan Content. The intent of the preliminary development plan is to allow City review of site plan and general development issues, without the need for detailed architectural plans. The applicant shall submit preliminary development plans which include the following:

• A. A location map which indicates existing and future land uses.

• B. Maps of existing and proposed site features and uses at a minimum scale of 1" = 100' scale which indicates topography in two-foot contours; building outlines; location of significant vegetation; water bodies and wetlands; location of streets, drives and parking areas; and other significant features.

• C. A site plan showing all proposed structure and building locations including signs. Plans shall note structure height, general architectural design features and anticipated exterior materials.

• D. A preliminary circulation plan indicating pedestrian and vehicular movement systems. This plan shall also include service access and screening for receiving material and trash removal.

• E. Preliminary drainage, grading, utility and erosion control plans.

• F.

A concept landscaping plan illustrating preservation of existing vegetation, and new landscaping and buffer areas.

• G. A written report which describes the proposed uses, indicates covenants or agreements which will influence the use and maintenance of the proposed development, describes the analysis of site conditions and development objectives which has resulted in the planned development proposal, and statement of which primary zoning district provisions are being modified by the planned development.

• H. A shift of density or intensity of the plan, if applicable. For example, a ten-acre site with seven acres of "Commercial" guiding and three acres of "Medium Density Residential" guiding could be developed with 70 percent of the land area commercial and 30 percent of the land area at the Medium Residential density identified in the Comprehensive Plan. This type of shift would only be allowed as part of a PUD and the location of uses within the site would be determined as part of the PUD process. This implementation technique would not require an amendment to the Land Use Guide Plan Map.

• I. Any other information deemed necessary by the City Staff in order to evaluate plans.

• J. Twenty copies of the above information shall be submitted no larger than 11 x 17 inches.

• K. Five copies of the above information shall be submitted on 24 x 36 inch sheets.

• L. For City initiated rezonings to Planned Unit Development District, the preliminary development plan may consist of any information deemed necessary to identify and protect the public interest.

Subd. 11. Final Development Plan Content. The final development plan shall include all of the information required for submission of the preliminary development plan plus architectural plans, detailed site, landscaping, grading and utility plans and all additional information which was requested by the planning commission as a result of its review of the preliminary plan. The final plan shall incorporate all recommendations of the planning commission and City Council, or shall indicate how the final plan fails to incorporate the commission's recommendations. The final plan shall also include and reflect all changes in preliminary plan data since the submission of the preliminary plan. The applicant shall submit final development plans which include the following information:

• A. A location map which indicates existing and future land uses.

• B. Maps of existing and proposed site features and uses at a minimum scale of 1"=100' scale which indicate topography in two-foot contours; building outlines; location of significant vegetation; location of streets, drives and parking areas; and other significant features.

• C.

Detailed drawings of all proposed structure elevations, including scaled elevations and exterior building materials of all buildings and signs. Samples of all proposed materials which will be used on the exterior of structures may be required with the elevation drawings.

• D. Proposed floor plans for all floor levels of multi-family and non-residential buildings, including locations of electrical, mechanical and gas metering equipment, and storage areas for trash and recyclable materials.

• E. A landscape plan indicating tree, shrub and ground cover species, size, provisions for plant material watering.

• F. A final circulation plan indicating pedestrian and vehicular movement systems. This plan shall also include service access for receiving and trash/recycling removal.

• G. A lighting plan showing foot-candle levels, luminaire location, fixture type and height.

• H. Rooftop equipment and screening plan and elevation drawings of rooftop equipment and screening of views from adjacent streets and property.

• I. A final drainage, grading, utility, and erosion and sedimentation control plan. Such plans shall comply with the requirements of this Ordinance.

• J. Identification and delineation of all wetlands on the site including preservation and filling and mitigation.

• K. A written report which completely describes the proposal and indicates covenants or agreements which will influence the use and maintenance of the proposed development, describes the analysis of site conditions and development objectives which has resulted in the planned development proposal, describes any changes from the approved preliminary development plan, and statement of which primary zoning district provisions are being modified by the planned development.

s covenants or agreements which will influence the use and maintenance of the proposed development, describes the analysis of site conditions and development objectives which has resulted in the planned development proposal, describes any changes from the approved preliminary development plan, and statement of which primary zoning district provisions are being modified by the planned development.

• L. A shift of density or intensity of the plan, if applicable. For example, a ten-acre site with seven acres of "Commercial" guiding and three acres of "Urban Residential" guiding could be developed with 70 percent of the land area commercial and 30 percent of the land area at the urban residential density identified in the Comprehensive Plan. This type of shift would only be allowed as part of a PUD and the location of uses within the site would be determined as part of the PUD process. This implementation technique would not require an amendment to the Land Use Guide Plan Map.

• M. Any other information deemed necessary by the City Staff in order to evaluate plans.

• N. Twenty copies of the above information shall be submitted no larger than 11 x 17 inches.

• O. Five copies of the above information shall be submitted on 24 x 36 inch sheets.

• Subd. 12. Performance Guarantees.

A.

The City Council shall require the owner and developer of a PUD to execute a development agreement which may include, but not be limited to, the approved development plan, conditions of approval, association and maintenance agreements, and a time table for construction.

• B. The City Council shall require an applicant for PUD rezoning/development plan to provide a financial guarantee in accordance with Section 1070.050 of this Chapter to insure that the development will be executed in performance with the approved final PUD development plan.

• C. The City Council is empowered to require that all required improvements be constructed and completed prior to the issuance of any occupancy permits.

• D. Construction of each PUD development shall be commenced within one year after the effective date of the PUD rezoning by the City Council. Upon good cause shown, the City Council may extend the time for one additional year. If construction is not commenced within these time periods, any building permits issued for the PUD shall be void and the Planning Commission may initiate proceeding to rezone the subject property.

• E. Any building permit issued for construction pursuant to PUD rezoning shall be valid only so long as there is compliance with the final development plan as accepted by the City Council.

Subd. 13. PUD Amendments.

• A. Changes to preliminary development plans approved by the City Council shall be processed as a PUD amendment concurrently with the PUD final development plan and shall require a review by the Planning Commission and approval by a majority vote of all members of the City Council.

• B. Minor changes to a final development plans adopted by the City Council may be approved by the City Administrator, provided that the changes do not involve the following:

1. Increase in floor area of structures or number of dwelling units.

   2. Changes in exterior building material.

   3. Alteration of any condition attached or modification to the final development plan made by the City Council.

   • C. A major change to a final development plan which is at variance with any standards of the City Code or is less restrictive than any conditions of approval for the initial final development plan, shall require approval by a majority vote of all members of the City Council.

• (Ord. 286, passed 9-25-14, Ord. 348, passed 05-25-17, Ord. 378, passed 09-13-18, Ord. 456, passed 04-28-22, Ord. 486, passed 05-25-23)

1040.145: - PI (PUBLIC/INSTITUTIONAL)

Subd. 1. Purpose. The purpose of the PI district is to provide a zoning district specifically for uses oriented to the general public and semi-public uses. This district is unique in that it generally provides services to the public rather than a sale of goods. Uses within this district will generally be compatible with adjacent uses and will have access from an arterial or collector road. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.

Subd. 2. Permitted Uses.

• A. Civic Buildings, such as City Hall, libraries, fire stations, etc.

• B. Day Care Facilities, State licensed, as defined by statute.

• C. Educational facilities, K-12.

• D. Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures.

• E. Places of Worship/Assembly.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Keeping of Animals, subject to Chapter 81 (animals) of the City Code.

• D. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. Cemeteries and Memorial Gardens.

• B. Community Centers.

• C. Day Care, Commercial, accessory to permitted uses in this district.

• D. Funeral Homes and Mortuaries.

• E. Golf Courses and other outdoor recreational facilities of a commercial nature.

• F. Hospitals, nursing home and similar care facilities.

• G. Offices, medical and professional.

• H. Towers and Antennas as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance.

• I. Trade Schools, Seminaries and other Higher Education Facilities

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited for a specific use:

• A. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Accessory buildings and structures for a use accessory to the principal commercial or business use provided such structure does not exceed 30 percent of the gross floor space of the principal use.

• B. Essential Services, as allowed by Section 1030.090.

• C. Towers and Antennas as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance, only when co-located on an existing structure.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the PI district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

(Ord. 348, passed 05-25-17, Ord. 365, passed 06-28-18, Ord. 389, passed 02-28-19)

SECTION 1050: - OVERLAY DISTRICTS

1050.010: - WETLAND OVERLAY DISTRICT

Subd. 1. Findings, Intent and Incorporation by Reference.

• A. The City has determined that wetlands serve to maintain water quality by filtering water that is discharged into ground water aquifers and by retaining inorganic sediments, toxicants and nutrients. They also retain and reduce the discharge of phosphorus and transform nutrients from their inorganic to organic forms, thereby protecting streams and water bodies from eutrophication and contamination. Wetlands also store runoff and reduce the velocity and magnitude of flood peaks.

• B. Wetland vegetation also prevents the erosion of shoreline areas. Wetland vegetation provides food, shelter, and important habitat for wildlife. All of these wetland characteristics provide valuable recreation and education resources.

• C. The City has also found that wetlands vary significantly in the degree that they have been altered. Wetlands within the City exhibit great variations in their floral diversity, quality of wildlife and fishery habitat, degree of fluctuation in response to storms, the extent to which their shorelines have been altered or eroded, and their relative value in protecting water quality. Therefore, the City has found it necessary and beneficial to classify wetlands based upon their functions and values. The City has also found that it is in the best interest of the general health and welfare of the City to achieve no net loss of wetlands within the community.

• D. The City recognizes that a substantial amount of wetland degradation results from sedimentation and nutrient loading related to construction projects. Therefore, the City finds it necessary to require extraordinary measures to prevent such construction related degradation.

• E. In addition to having regulations that affect the physical impacts within wetland areas the City also finds that it is necessary to regulate the use of lands surrounding wetlands. Buffer strips are necessary and beneficial to maintaining the health of wetlands. These strips of land

surrounding wetlands protect their shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before the storm water discharges into the wetland. Buffer strips are also beneficial in providing habitat for wildlife.

• F. This Section hereby incorporates by reference the Wetlands Conservation Act of 1991 [Minn. Stat. 103G.221 et seq. (hereinafter referred to as the WCA)] and any future amendments adopted by the legislature. All wetlands, as defined in Section 1020.020 of this Chapter, including those governed by the Department of Natural Resources, are covered by the other provisions of this Chapter. Also, there are circumstances under which the strict enforcement of these regulations may be unreasonable and in circumstances that meet the criteria established in Subd. 5 of this Chapter, departures from the strict application of these standards may be permitted.

• G. It is the intent of this Chapter to avoid the alteration and destruction of wetlands. When wetlands are altered or destroyed, the mitigation must be provided to recreate the functions and values of the wetland.

Subd. 2. Purpose and Implementation.

• A. Through the adoption and enforcement of this Section, the City shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices and mitigation as provided for in the WCA when development occurs in the vicinity of wetlands. Through the implementation of this Section, the City seeks to accomplish the following purposes:

  1. To satisfy the requirements of the WCA as it may be amended and, thereby achieve no net loss of wetlands within the City;

  2. To balance the needs to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City;

  3. To preserve the natural character of the landscape through the maintenance of wetland ecosystems;

  4. To promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water, to retain sediment and toxicants and filter nutrients from surface water runoff before it discharges into community lakes and streams, thus avoiding the contamination and eutrophication of these water features; and

  5. To provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City.

• B. To accomplish these purposes, the City:

  1. Has conducted an inventory of wetlands and other natural areas within the City;

2. Has developed a system of classification for wetlands within the City and classified the City's wetlands based upon their relative values related to floral diversity, wildlife habitat, water quality protection, fishery habitat, flood storage, shoreline protection, and aesthetic, recreational and educational benefits using the Minnesota Rapid Assessment (MNRAM) methodology;

3. Has prepared and maintains a comprehensive set of official maps identifying the location and classification of wetlands inventoried in the Natural Resources Inventory;

4. Has established wetland regulations that are coordinated with flood plain and shoreland protection regulations;

5. Requires sound management practices to protect, conserve, maintain, enhance, and improve the quality of wetlands within the community;

6. Enforces standards for the alteration of wetlands when alteration is allowed, including standards and procedures for the mitigation of the loss of wetland areas and their functions and values, when alteration or destruction occurs;

7. Obtains protective easements over or acquires fee title to wetlands as appropriate;

8. Educates the public about the numerous benefits and features that wetland provide and the adverse effects of improperly managed development on wetlands.

Subd. 3. General Provisions.

• A. Identification and Delineation of Wetlands

  1. This Section shall apply to all land containing wetlands and land within the setback and buffer areas required by this Section. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable Federal, State, and City ordinances and regulations. These wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland is located.

  2. A wetland is land that meets the definition of "wetlands" set forth in Section 1020.020. The classification of a wetland shown on the "Natural Resource Communities Quality Ranking Map" will be prima facie evidence of the classification of a wetland.

  3. The presence or absence of a wetland on the official maps does not represent a definitive determination as to whether a wetland covered by this Section is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the official wetland maps are still subject to the provisions of the Section. Areas that appear on the official wetland maps as wetlands that are not identified as wetlands during site specific delineation activities are not subject to the provisions of this Section.

It will be the responsibility of an applicant for required City approvals or permits to delineate the exact wetland boundary or to determine that no wetland exists on a subject property. All delineations must be reviewed and approved by the City or its delegated authority.

5. If an applicant questions whether a wetland exists or disputes its classification on the official map, the applicant shall have the burden to supply detailed information for review supporting the applicant's assertion, including but not limited to, topographic, hydrologic, floristic, and/or soil data deemed necessary by the City to determine the jurisdictional status of the wetland, its exact boundary and its classification. Wetland delineations supplied by applicants shall be certified by a qualified wetland delineator. Wetland delineators must satisfy any certification requirements that may be established by the U.S. Army Corps of Engineers or the Minnesota Board of Water and Soil Resources.

6. Applicants seeking a change in wetland classification must submit to the City a completed MNRAM version 1.0 form, or the most recent version. The technical evaluation panel will review the request for change. The technical evaluation panel will make a recommendation to the City regarding a change in classification.

7. Only that portion of a property within the boundaries of a wetland shall be subject to the provisions of this Section.

8. This Section establishes three wetland classifications as defined in Section 1020.020: High Quality, Medium Quality, and Low Quality.

Subd. 4. General Standards.

The following standards apply to all lands within and/or abutting a wetland:

• A. Septic and soil absorptions systems must be setback a minimum of 75 feet from the City approved boundary of the wetland.

• B. The lowest ground floor elevation shall be 2 feet above the 100-year flood elevation or three feet above the Ordinary High Water Mark of public waters regulated by Section 1050.020, whichever is greater.

• C. Structures intended to provide access across a wetland shall be prohibited unless a permit is obtained in conformance with State Regulations.

• D. The MPCA's Best Management Practices shall be followed to avoid erosion and sedimentation during the construction process.

• E. City inspection schedules and fines for erosion control will double on projects abutting wetlands.

• F. Before the City issues a building permit for a lot with a required wetland buffer, the lot owner shall:

Record a notice of the wetland buffer requirement against the title to the lot with the office of the Hennepin County Recorder or Registrar of Titles, and

2. Install the wetland monuments required by Subd. 7 of this Chapter.

Subd. 5. Wetland Buffer Strips and Setbacks.

• A. For lots of record created after March 23, 2004, a buffer strip shall be maintained abutting all wetlands identified in Subd. 3 below. The setback and buffer provisions of this Chapter shall not apply to lots of record on March 23, 2004, to developments for which conditional use permits, site plans, and preliminary plats, final plats or preliminary or final planned unit development plans have been approved by the City within 2 years prior to March 23, 2004, or to developments for which complete applications for any of the above actions have been accepted by the City for review, but not yet acted upon, prior to March 23, 2004. The City does, however, strongly encourage the use of a wetland buffer and setback on all lots in the City.

• B. Wetland buffer strips and structure setbacks shall apply to all parcels of land whether or not the wetland is on the same parcel as a proposed development.

• C. Wetland buffer strips are required on wetland sizes and types as follows:

Wetland Buffers and Setback Requirements

*Buffer widths in excess of the listed maximums shall not be used in calculating average buffer width.

**These setbacks shall take precedence over other setbacks required in this Chapter. These

setbacks apply to structures only—a 5-foot setback is required for roads and parking lots. Trails

that serve an interpretive function may be exempted from buffer and setback requirements.

Example of Buffer and Setback

Applied to a High Quality Wetland

==> picture [288 x 197] intentionally omitted <==

• D. Notwithstanding the foregoing, wetland buffer strips are not required for:

  1. A wetland if Minnesota Statutes Section 103G.2241, subdivision 4, 5 or 9 would exempt the draining or filling of that wetland from the replacement plan requirements of Minnesota Statutes Section 103G.222, or

  2. A wetland that is a Type 1, 2 or 6 wetland as defined in Minnesota Statutes Section 103G.005, subdivision 17b and that is located outside the Natural Resources Corridors identified on official City maps.

• E. Buffer strip vegetation shall be established and maintained in accordance with the requirements found in this Subdivision. During the first 2 years, any buffer vegetation that does not survive must be replanted. After 2 years, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to reestablish the buffer area to meet the standards contained in Subd. 8 of this Chapter. Buffer strips shall be identified within each lot by permanent monuments approved by the City.

any buffer vegetation that does not survive must be replanted. After 2 years, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to reestablish the buffer area to meet the standards contained in Subd. 8 of this Chapter. Buffer strips shall be identified within each lot by permanent monuments approved by the City.

• F. For roadways that must be aligned either adjacent to or across wetlands and are subject to WCA replacement requirements, additional wetland filling to create a buffer strip shall not be required. Trails that the City has determined serve an interpretive function may also be exempted from the buffer requirement. All other roadways and trails shall meet the buffer standards established in this Subd. or in Subd. 6 below.

• G.

If the area of the buffer has a preconstruction slope of 12 percent or greater, the buffer shall be at the applicable maximum for width for the wetland classification. The use of a meandering buffer stripe to maintain a natural appearance is encouraged but not required in areas of flat topography.

• H. The required structure setback shall apply to all structures, except that such structure setback shall be reduced to 5 feet for roadways, trails, and parking lots, and their related retaining walls and fences.

• I. Wetland buffer strips not required by this Section may be voluntarily created in conformance with the requirements of this Section concurrent with approval of a site plan, or in the absence of a site plan, upon approval of an administrative permit.

Subd. 6. Alternative Wetland Buffer Strips and Setbacks: With Extraordinary Management Measures.

• A. Because of the unique physical characteristics of a specific parcel of land, narrower buffer strips may be necessary to allow for a reasonable use of land,

• B. The City Council may approve alternative standards, based on an assessment of the following:

  1. Size of the parcel

  2. Existing roads and utilities

  3. Percentage of parcel impacted by wetlands

  4. Configuration of wetlands on the parcel

  5. Quality of the affected wetlands

• C. The City Council will evaluate the appropriateness of using the alternative standards as a part of its review of a sketch plan. An applicant must receive Council approval through this review process prior to submitting a preliminary plan or plat application that applies the alternative buffer strip standards.

• D. Alternative standards shall not be allowed on wetlands within the Natural Resource Corridors identified on official City maps.

• E. In instances where the City Council approves alternative buffer standards, an applicant will be required to apply extraordinary management measures to control erosion, sedimentation and nutrient loading during and for two years after construction. The applicant must demonstrate that the proposed measures will limit dissolved phosphorus concentration to one milligram per liter (mg/l) or less. Buffer strips and structure setbacks shall meet the following standards:

Alternative Wetland Buffers and Setbacks, with Extraordinary Measures

*Buffer widths in excess of the listed maximums shall not be used in calculating the average buffer width.

**These setbacks shall take precedence over other setbacks required in this Chapter. Structure

setbacks apply to structures only; roads, trails and parking lots shall have a 5-foot required setback.

• F. Extraordinary management measures that may be permitted in conjunction with and up-slope from the buffer strip and setback requirements listed above include, but are not limited to measures that add redundant protections to normal required Best Management Practices.

• G. The applicant shall be responsible to submit all of the necessary information to document that the proposed extraordinary construction and stormwater management practices (hereinafter referred to as "Extraordinary Management Practices") will at least duplicate the performance of the required buffers and setbacks shown in Subd. 5 of this Chapter, if not exceed it. The applicant shall also have the burden of proving that the purpose and objectives of the Chapter will be met through the use of these Extraordinary Management Practices.

• H. The approval of any Extraordinary Management Practices shall be conditioned upon a site improvement performance agreement (Section 1070.050, Subd. 9 of this Chapter) that includes a binding commitment to the maintenance of the proposed alternative treatments throughout their useful life.

Subd. 7. Monument Required.

A permanent wetland buffer monument shall be installed at each lot line where it crosses a wetland buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of 200 feet of wetland edge. If no buffer is required, the monument shall be at the edge of the wetland.

Subd. 8. Buffer Strip Vegetation Performance Standards.

A.

Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. A buffer strip has acceptable natural vegetation if it:

1. Has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least 10 consecutive years, or

2. Has an overstory of trees and/or shrubs with at least 80 percent canopy closure that have been uncultivated or unbroken for at least 10 consecutive years, or

3. Contains a mixture of the plant communities described in (1) and (2) above, that have been uncultivated or unbroken for at least 10 consecutive years.

• B. Notwithstanding the above performance standards, the City may determine existing buffer vegetation to be unacceptable if:

  1. It is composed of undesirable plant species (including, but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge and noxious weeds), or

  2. It is lacking a layer of organic thatch or duff, or

  3. Has topography that tends to channelize the flow of surface runoff, or

4. For some other reason it is unlikely to retain nutrients and sediment.

• C. Where buffer areas, or a portion thereof, are not vegetated or have been cultivated or otherwise disturbed within 10 years of the permit application, such areas shall be re-planted and maintained according to each of the following standards:

  1. The soil in wetland buffer strips shall be amended, as necessary, to ensure that the soil has an organic content of not less than 10 percent and not more than 20 percent.

  2. Buffer zones shall be planted with a seed mix containing 100 percent perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye.

  3. The seed mix to be used shall consist of at least 12 pounds pure live seed (PLS) per acre of native prairie grass seed and 5 pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than 4 and 5 species respectively.

  4. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre.

  5. Native shrubs may be substituted for forbs. Such shrubs may be bare root seedlings and shall be planted at a rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows.

  6. Any ground cover or shrub plantings installed in buffer areas are independent of landscaping requirements set forth elsewhere in the City Code and City policy.

  7. Native prairie grasses and forbs shall be planted by a qualified contractor using a drill designed for native prairie grass seedlings, such as a Truax or Nesbitt Native Grass Drill or a John Deere 1550 Power-Till Seeder.

  8. No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory.

  9. All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or tackifier. On slopes that are steeper than 3:1, additional soil stabilization materials such as straw mat or coconut fiber mat shall be used, as specified in the MnDOT Seeding Manual 2000, or most recent MnDOT manual.

  10. Buffer zones (both natural and created) shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established.

  11. Applicants may obtain from the City a set of standard seeding and planting specifications for buffer zones that meet all City requirements.

• D. During the first 2 years, the developer shall replant any buffer vegetation that does not survive. After 2 years, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to reestablish the buffer area to meet the standards established in this subdivision.

Subd. 9. Encroachment in Required Setback and Buffer Areas.

• A. Patios and decks may encroach up to a maximum of 6 feet into required structure setback areas. Porches may not encroach into required setback areas. Buffer and wetland areas must be kept fee of all structures, including fences and play equipment.

• B. Water quality ponds may encroach into required wetland buffer areas, provided that the amount of buffer encroached upon does not exceed 50 percent of the total area required for such ponding, and provided that the amount of buffer encroached upon does not exceed 50 percent of the total area required for buffering. These limitations may be exceeded where two-cell water quality ponding is utilized.

Subd. 10. Variances.

• A. Requests for variances shall be made in accordance with the procedures and requirements set forth in Section 1070.040 of this Chapter.

• B. Variances shall only be granted when the standards and criteria set forth in Section 1070.040 of this Chapter have been met. Variances shall not be granted which would circumvent the intent and purposes of this subdivision.

1050.020: - SHORELAND OVERLAY DISTRICT

Subd. 1. Statutory Authorization, Findings of Fact and Statement of Purpose.

A.

Statutory Authorization. This Shoreland Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.

• B. Findings of Fact. The uncontrolled use of shorelands of the City of Corcoran, Minnesota affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise subdivision, use and development of shorelands of public waters.

• C. Statement of Purpose. The Legislature of Minnesota has delegated responsibility to local governments of the State to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Corcoran.

Subd. 2. General Provisions.

• A. Jurisdiction. The provisions of this Ordinance shall apply to the shorelands of the public water bodies as classified in Section 1050.020, Subd. 3 of this Ordinance.

• B. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this Ordinance and other applicable regulations.

ny shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this Ordinance and other applicable regulations.

• C. Enforcement. The Zoning Administrator is responsible for the administration and enforcement of this Ordinance. Any violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this Ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Section 1050.020, Subd. 3 of this Ordinance.

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

• E. Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All

other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only.

• F. Severability. If any Section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

Subd. 3. Shoreland Classification. The public waters of the City of Corcoran have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota.

The shoreland area for these waterbodies shall be shown on the Official Zoning Map.

Subd. 4. Land Use. The intent of this overlay district is to guide the wide development of public waters shoreland, thus preserving the quality of surface waters, preserving natural resources and providing for the wise utilization of water and related land resources in the City. The regulations in this overlay district are intended to manage areas suitable for development of various types as allowed in the underlying zoning district. It is the intent of this overlay district to be used in conjunction with the adopted land use regulations and requirements of this Chapter and over other ordinances, codes and policies. The allowable uses in the Shoreland Management Overlay District shall be as identified in the Zoning Ordinance and reflected on the Zoning Map.

Subd. 5. Zoning and Water Supply/Sanitary Standards.

A. Lot Area and Width Standards

The lot area and width standards (in feet) for single family, two family and townhome residential lots created after the date of enactment of this Ordinance are the following:

1. Unsewered Natural Environment Lakes

2. Sewered Natural Environment Lakes

3. River/Stream Lot Width Standards

There is no minimum lot size requirement for rivers and streams. The lot width standards for residential developments are:

• B. Special Provisions

  1. Residential subdivisions with dwelling unit densities exceeding those in the tables above can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in Section 3 above can only be used if publicly owned sewer system service is available to the property.

  2. Subdivisions of two family dwellings and townhomes on Natural Environment Lakes must also meet the following standards:

     • a. Each building must be set back at least 200 feet from the OHWL.

     • b. Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building.

     • c. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and

     • d. No more than 25 percent of a lake's shoreline can be in two family or townhome developments.

• C. Placement, Design and Height of Structures

1. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structure setbacks (in feet) from the Ordinary High Water Level are as follows:

2. Structures without water oriented needs must be placed on nonriparian lots, or be double the structure setback, or screened from view from public waters by vegetation, topography, or both.

3. The following additional structure setbacks apply, regardless of the classification of the water body:

4. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

• D. Design Criteria for Structures

  1. Structures must be placed in accordance with floodplain regulations applicable to the site as required in Section 1050.030.

     • a. Section 1050.030 requires that all structures, including accessory structures, additions to existing structures, and manufactured homes, shall be constructed so that the basement floor, or first floor if there is no basement, is at least 2 feet above the regional flood elevation.

     • b. Each lot may have one water-oriented accessory structure not meeting the normal structure setback requirements of this Ordinance if this water-oriented accessory structure complies with the following provisions:

       • i. The structure or facility must not exceed 10 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point.

       • ii. The setback of the structure or facility from the ordinary high water level must be at least 10 feet.

       • iii. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions.

       • iv. The roof may be used as a deck with safety rails but must not be enclosed or used as a storage area.

       • v. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.

  2. All structures in residential districts, except Places of Worship/Assembly and nonresidential agricultural structures, are limited to a maximum height of 25 feet in height.

Subd. 6. Shoreland Vegetative Buffers.

• A. Buffer Requirements and Standards. For lots of record created after March 23, 2004, a buffer area shall be maintained abutting all lakes, rivers and streams. Buffer sizes and other requirements are included in Section 1050.010. Buffer vegetation shall be established and maintained in accordance with the requirements that follow.

  1. Buffer area vegetation shall be considered adequate when the buffer has a continuous, dense layer of perennial grasses, flowers, trees, and/or shrubs that have been undisturbed (i.e., not cultivated, mown or disturbed) for at least 10 consecutive years.

Vegetation shall be considered unacceptable if:

• a. It is composed of noxious weeds;

• b. Topography or sparse vegetation tends to channelize the flow of surface water;

• c. For some other reason the vegetation is unlikely to retain nutrients and sediment.

2. Where buffer areas, or a portion thereof, are not vegetated, or have been cultivated or otherwise disturbed within the past 10 years of the permit application, such areas shall be re-planted and maintained according to each of the following standards:

   • a. Buffer areas shall be planted with a seed mix containing 100 percent perennial native plant species, except for a one-time planting of annual nurse or cover crop such as oats or rye.

   • b. The seed mix to be used shall consist of at least 15 pounds pure live seed (PLS) per acre of native grass seed and 1 pound PLS per acre of native forbs. Native grass and native forb mixes shall contain no fewer than 4 and 5 species respectively.

   • c. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre.

   • d. Native shrubs may be substituted for forbs. Such shrubs may be bare-root stock and shall be planted at a rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows.

   • e. Native grasses and forbs shall be planted by a qualified contractor by using a drill designed for native grass seeding or by broadcasting or hydroseeding at Minnesota Department of Transportation rates (MNDOT Standard Specifications for Construction).

   • f. All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or tackifier.

   • g. Buffer areas (both natural and seeded) shall be protected by erosion control measures as determined by the City. These must be employed during construction until permanent ground cover is established to prevent siltation of the buffer area and wetlands.

   • h. A walking trail may be established within a shoreland buffer area. The trail should be constructed to minimize erosion. An undisturbed area of vegetative buffer at least 10 feet in width should remain between the trail and the wetland edge or the top of the stream bank.

3. Buffer areas shall be identified by permanent monuments acceptable to the City. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each 300 feet of wetland edge.

The clearing and removal of vegetation in the buffer area is prohibited, except for selective clearing and pruning of individual trees that are dead, diseased, noxious weeds, or hazards.

5. Owners are encouraged to leave dead trees and branches in the buffer area, because they are part of the native natural environment and provide necessary habitat to many birds and native wildlife. Dumping yard waste in buffer areas, including leaves and grass clippings, is prohibited by this Ordinance.

6. All buffer areas are measured from the ordinary high water level as marked in the field.

7. The following buffer sizes are minimum requirements for stream buffers. Classification of lakes and wetlands in shoreland areas and buffer sizes shall be consistent with the City's Wetland Overlay District 1050.010.

8. The City may recommend buffer averaging for buffers in instances where it will provide resource protection to a valuable adjacent upland habitat, or allow for reasonable use of property, provided that the total buffer area on-site contained in the buffer area remains the same. Buffer averaging in shoreland areas will be consistent with buffer averaging requirements in the Wetland Overlay District (Section 1050.010).

9. If the area of the buffer has a pre-construction slope of 12 percent or greater, the buffer shall be at the maximum width for the applicant's stream classification. The use of a meandering buffer area to maintain a natural appearance is encouraged, but not required in areas of flat topography.

Subd. 7. Shoreland Buffer Area Mitigation.

• A. Where alteration of a stream buffer area is approved and mitigation is required, mitigation must result in equal or improved buffer function and value. Mitigation plans must address water quality protection and wildlife habitat. The following criteria shall be required for stream buffer area mitigation:

• B. Buffers must be replaced at a 1:1 ratio.

• C. Mitigation should always result in equal or improved buffer function and value. The function and value will include protection of water quality and provision of wildlife habitat.

D.

Mitigation involving the buffer area shall provide landscaping for nesting, food for wildlife, wildlife cover, and utilize a diversity of native flora (trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity.

• E. Stream buffer mitigation should be undertaken on site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should occur outside the subwatershed, elsewhere in the City.

Subd. 8. Vegetation Alterations.

• A. Exemptions. Vegetation alteration necessary for the construction of structures and sewage treatment systems, agricultural uses, and the construction of roads are exempt from the vegetation alternation standards that follow.

• B. Alteration Standards

1. Intensive vegetation clearing such as mowing and cutting within the shore and bluff impact zones and on steep slopes is not allowed.

   2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

      • a. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced.

      • b. Along streams, existing shading of water surfaces is preserved; and

      • c. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.

Subd. 9. Topographic Alterations, Grading and Filling.

• A. Permits. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.

• B. Standards

  1. A grading and filling permit will be required for the movement of more than 10 cubic yards of material on steep slopes or within shore and bluff impact zones. A grading and filling permit will be required for the movement of more than 50 cubic yards of material in a shoreland area that is outside of steep slope and shore and bluff impact zones.

The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:

Grading or filling in any wetland is subject to the regulations of the Minnesota Wetland Conservation Act, reviews or approvals by other local, state or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers, and the City of Corcoran Wetland Overlay District (Section 1050.010).

• a. The proposed work should be evaluated for its effect on the following functional values of the wetland: a) sediments and pollutant trapping and retention; b) storage of surface runoff to prevent or reduce flood damage; c) fish and wildlife habitat; d) recreational use; e) shoreline or bank stabilization; or f) noteworthiness, including special qualities such as historic significance and critical habitat.

• b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.

• c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible.

• d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.

• e. Altered areas must be stabilized to acceptable erosion control standards consistent with the Minnesota Pollution Control Agency's Best Management Practices.

• f. Fill or excavated material must not be placed in a manner that creates an unstable slope.

• g. Plans to place fill or excavated material on steep slopes must be reviewed by the City Engineer for continued slope stability and must not create finished slopes of 30 percent or greater.

• h. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of Natural Resources under Minnesota Statutes, Section 103G.245.

• i. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.

• j. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed 3 feet horizontal to one foot vertical, the landward extent of the riprap is within 10 feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed 3 feet.

  • k. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.

3. Extractive Use Standards

   • a. Site Development and Restoration Plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site bill be rehabilitated after extractive activities end.

   • b. Setbacks for Processing Machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.

Subd. 10. Placement and Design of Roads, Driveways and Parking Areas. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the Minnesota Pollution Control Agency's Best Management Practices and the following:

ust be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the Minnesota Pollution Control Agency's Best Management Practices and the following:

• A. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within shore and bluff impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.

• B. Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within the shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of this Ordinance must be met.

Subd. 11. Stormwater Management.

• A. Design and Construction Standards

  1. When possible, existing natural drainageways, wetland, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff, velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities, such as diversion, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.

4. Impervious surface coverage of lots must not exceed 25 percent of the lot area.

5. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with National Urban Runoff (NURP) Standards, requirements of the Elm Creek Watershed District, and the Minnesota Pollution Control Agency's Best Management Practices as described in Protecting Water Quality in Urban Areas.

6. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

Subd. 12. Agricultural and Forest Management Use Standards.

• A. Permitted Uses

General cultivation farming, grazing, nurseries, horticulture, forestry, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Natural Resource Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.

• B. Animal Feedlots. Animal feedlots must meet the following standards:

  1. New feedlots must not be located in the shoreland of watercourses or in bluff impact zones, and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins; and

  2. Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback.

C.

Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota."

Subd. 13. Administration.

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

• B. Permits Required. A permit is required for the construction of buildings or building additions (including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Subd. 9 of this Ordinance. Application shall be made to the Zoning Administrator on forms furnished by him/her and shall include the following where applicable: plans drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.

• C. State and Federal Permits. Prior to granting a permit or processing an application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits.

• D. Nonconforming Sewage Treatment System. Whenever a permit or variance authorizes any improvement on, or new use of, a property in the shoreland district, it will require reconstruction of any existing nonconforming sewage system on the property to meet or exceed applicable rules of the Minnesota Department of Health, the Minnesota Pollution Control Agency, specifically Chapter 7080 for individual sewage treatment systems, and any applicable local government standards. The City of Corcoran will notify landowners in shore impact zones about this requirement, and will also encourage property owners to evaluate their sewage treatment systems and voluntarily upgrade systems that are nonconforming.

• E. Variances

  1. Variances may only be granted in accordance with Minnesota Statutes, Chapter 462, as applicable. A variance may not circumvent the general purposes and intent of this Ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the City Council must also consider whether the property owner has reasonable use of the land without the variance, whether

the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development of adjacent properties.

2. The City Council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Section F below shall also include the board of adjustment's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

3. For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system.

• F. Notifications to the Department of Natural Resources

  1. Copies of all notices of any public hearings to consider variances, Zoning Ordinance amendments, zoning map amendments or conditional uses under local shoreland management controls must be sent to the Commissioner of Natural Resources, or the Commissioner's designated representative and postmarked at least 10 days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

  2. A copy of approved Zoning Ordinance amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked within 10 days of final action.

Subd. 14. Nonconformities.

• A. Existing Nonconformities

  1. All legally established nonconformities as of the date of this Ordinance may continue, but they will be managed according to applicable State statutes and other regulations of this community for the subjects of alterations and additions, repairs after damage, discontinuance of use and intensification of use.

  2. Lots of record in the office of the County recorder on the date of enactment of local shoreland controls that do not meet the requirements of this Ordinance may be allowed as building sites without variance from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this Ordinance are met.

• B. Variance from Setback Requirements. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot, and shall deny the variance if adequate facilities cannot be provided.

• C. Contiguous Lots. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this Ordinance, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of this Ordinance as much as possible.

• D. Additions or Expansions

  1. Additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height and other requirements of this Ordinance. Any deviation from these requirements must be authorized by a variance.

  2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:

     • a. The structure existed on the date the structure setbacks were established.

     • b. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure.

     • c. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive.

     • d. The deck is constructed primarily of wood, and is not roofed or screened.

1050.030: - FLOODPLAIN OVERLAY DISTRICT

Subd. 1. Statutory Authorization, Findings of Fact and Purpose.

• A. Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses.

• B. Purpose.

1. This ordinance regulates development in the flood hazard areas of the City of Corcoran. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental

services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety and general welfare by minimizing these losses and disruptions.

2. National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.

3. This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

Subd. 2. General Provisions.

• A. How to Use This Ordinance. This ordinance adopts the floodplain maps applicable to the City of Corcoran and includes three floodplain districts: Floodway, Flood Fringe and General Floodplain.

  1. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Subd. 4 or Subd. 5 will apply, depending on the location of a property.

  2. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Subd. 4 apply unless the floodway boundary is determined, according to the process outlined in Subd. 6. Once the floodway boundary is determined, the Flood Fringe District standards in Subd. 5 may apply outside the floodway.

• B. Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of the City of Corcoran shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts.

  1. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply.

• C. Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County,

Minnesota, and Incorporated Areas, dated November 4, 2016, and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the City Clerk.

Effective Flood Insurance Rate Map panels:

• D. Regulatory Flood Protection Elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

• E. Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map.

  1. Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data.

  2. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the City Council acting in its capacity as the Board of Adjustment and Appeals and to submit technical evidence.

• F. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.

G.

Warning and Disclaimer of Liability. This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Corcoran or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

• H. Severability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force.

• I. Definitions. Unless specifically defined in Section 1020.020 (Floodplain Related Definitions) of this ordinance, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application.

Subd. 3. Establishment of Zoning Districts.

• A. Districts.

1. Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Subd. 2. C.

   2. Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Subd. 2. C, but are located outside of the floodway.

   3. General Floodplain District. The General Floodplain District includes those areas within Zones A that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Subd. 2. C.

• B. Applicability. Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Subd. 4, 5 and 6 are prohibited. In addition, critical facilities, as defined in Section 1020.020, are prohibited in all floodplain districts.

Subd. 4. Floodway District (FW).

• A. Permitted Uses. The following uses, subject to the standards set forth in Subd. 4. B, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:

  1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.

  2. Industrial-commercial loading areas, parking areas and airport landing strips.

  3. Private and public open space and recreational uses, including but not limited to private and public golf courses, tennis courts, athletic fields, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails.

  4. Residential lawns, gardens, parking areas, and play areas.

  5. Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit.

• B. Standards for Floodway Permitted Uses.

  1. The use must have a low flood damage potential.

  2. The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment.

  3. Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.

• C. Conditional Uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in Subd. 10. D of this ordinance and further subject to the standards set forth in Subd. 4. C, if otherwise allowed in the underlying zoning district or any applicable overlay district.

  1. Structures accessory to the uses listed in Subd. 4. A. 1 - 4. A. 3 above and the uses listed in Subd. 4. C. 2 - 4. C. 3 below.

  2. Extraction and storage of sand, gravel, and other materials.

  3. Marinas, boat rentals, docks, piers, wharves, and water control structures.

  4. Storage yards for equipment, machinery or materials.

  5. Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in Section 1020.020, are permitted uses.

  6. Travel-ready recreational vehicles meeting the exception standards in Subd. 9. B.

  7. Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.

• D. Standards for Floodway Conditional Uses.

  1. All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected.

2. Fill; Storage of Materials and Equipment.

   • a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

   • b. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.

   • c. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.

3. Accessory Structures. Accessory structures, as identified in Subd. 4. C. 1, may be permitted, provided that:

   • a. Structures are not intended for human habitation;

   • b. Structures will have a low flood damage potential;

   • c. Structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters;

   • d. Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed;

   • e. Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls.

• f. As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria:

  - (i) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and 
  
  - (ii) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding
  

will not satisfy this requirement for automatic openings.

4. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245.

5. A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.

6. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

Subd. 5. Flood Fringe District (FF).

• A. Permitted Uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Subd. 5. B.

• B. Standards for Flood Fringe Permitted Uses.

  1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than two feet below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.

  2. Accessory Structures. As an alternative to the fill requirements of Subd. 5. B. 1, structures accessory to the uses identified in Subd. 5. A may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that:

     • a. The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage.

     • b. All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be:

       • i. Adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls,

       • ii. Be constructed with materials resistant to flood damage, and

       • iii. Must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation.

• c. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria:

     - i.
  

To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and

  - ii. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 

3. The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Subd. 5. B. 1 of this ordinance, or if allowed as a conditional use under Subd. 5. C. 3 below.

4. The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation.

5. All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters.

6. 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.

7. All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.

8. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City Council.

9. Accessory uses such as yards, railroad tracks and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.

10. Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location.

11. Manufactured homes and recreational vehicles must meet the standards of Subd. 9 of this ordinance.

• C. Conditional Uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Subd. 10. D of this ordinance.

  1. Any structure that is not elevated on fill or floodproofed in accordance with Subd. 5. B. 1 and 5. B. 2 of this ordinance.

2. Storage of any material or equipment below the regulatory flood protection elevation.

   3. The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Subd. 5. B. 1 of this ordinance.

   4. (OPTIONAL) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Subd. 5. D. 6.

• D. Standards for Flood Fringe Conditional Uses.

  1. The standards listed in Subd. 5. B. 4 through 5. B. 10 apply to all conditional uses.

  2. Basements, as defined by Section 1020.020 of this ordinance, Floodplain Related Definitions, are subject to the following:

     • a. Residential basement construction is not allowed below the regulatory flood protection elevation.

     • b. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Subd. 5. D. 3 of this ordinance.

  3. All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

  4. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.

     • a. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.

     • b. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council.

     • c. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning.

6. (OPTIONAL) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:

   • a. Design and Certification - The structure's design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.

   • b. Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:

     • i. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and

     • ii. That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.

Subd. 6. General Floodplain District (GF).

A. Permitted Uses.

1. The uses listed in Subd. 4. A of this ordinance, Floodway District Permitted Uses, are permitted uses.

2. All other uses are subject to the floodway/flood fringe evaluation criteria specified in Subd. 6. B below. Subd. 4 applies if the proposed use is determined to be in the Floodway District. Subd. 5 applies if the proposed use is determined to be in the Flood Fringe District.

• B. Procedures for Floodway and Flood Fringe Determinations.

  1. Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state or other source.

2. If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Subd. 6. B. 3 below.

   3. The determination of floodway and flood fringe must include the following components, as applicable:

      • a. Estimate the peak discharge of the regional (1% chance) flood.

      • b. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.

      • c. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries.

   4. The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application.

   5. Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Subd. 4 and 5 of this ordinance.

Subd. 7. Land Development Standards.

• A. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Corcoran.

• B. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance.

• C. All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.

• D. All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.

than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.

• E. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.

• F. In the General Floodplain District, applicants must provide the information required in Subd. 6. B of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.

• G. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that:

  1. All such proposals are consistent with the need to minimize flood damage within the flood prone area,

  2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and

  3. Adequate drainage is provided to reduce exposure of flood hazard.

• H. Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be:

  1. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

  2. Constructed with materials and utility equipment resistant to flood damage;

  3. Constructed by methods and practices that minimize flood damage; and

Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Subd. 8. Public Utilities, Railroads, Roads and Bridges.

• A. Public Utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation.

• B. Public Transportation Facilities. Railroad tracks, roads and bridges to be located within the floodplain must comply with Subd. 4 and 5 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these 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.

• C. On-Site Water Supply and Sewage Treatment Systems. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended.

Subd. 9. Manufactured Homes, Manufactured Home Parks and Recreational Vehicles.

• A. Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply:

  1. Placement or replacement of manufactured home units is prohibited in the Floodway District.

  2. If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Subd. 5 of this ordinance and the following standards.

     • a. New and replacement manufactured homes must be elevated in compliance with Subd. 5 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of

anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

  - b. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Subd. 7. C. 

• B. Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance.

  1. Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Subd. 9. B. 2:

     • a. Individual lots or parcels of record.

• b. Existing commercial recreational vehicle parks or campgrounds.

  - c. Existing condominium-type associations. 
  

  2. Criteria for Exempt Recreational Vehicles:

     • a. The vehicle must have a current license required for highway use.

     • b. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.

     • c. No permanent structural type additions may be attached to the vehicle.

     • d. The vehicle and associated use must be permissible in any pre-existing, underlying zoning district.

Subd. 10. Administration.

• A. Zoning Administrator. A Zoning Administrator or other official designated by the City Council must administer and enforce this ordinance.

• B. Permit Requirements.

  1. Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities:

     • a. The erection, addition, modification, rehabilitation or alteration of any building, structure or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance.

     • b. The use or change of use of a building, structure or land.

     • c.

The construction of a dam, fence or on-site septic system, although a permit is not required for a farm fence as defined in this ordinance.

• d. The change or extension of a nonconforming use.

• e. The repair of a structure that has been damaged by flood, fire, tornado or any other source.

• f. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.

• g. Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for.

• h. Any other type of "development" as defined in this ordinance.

2. Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable:

   • a. A site plan showing all pertinent dimensions, existing or proposed buildings, structures and significant natural features having an influence on the permit.

   • b. Location of fill or storage of materials in relation to the stream channel.

   • c. Copies of any required municipal, county, state or federal permits or approvals.

   • d. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.

3. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance.

4. Certification. The applicant is required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect.

5. Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.

Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

7. Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.

• C. Variances.

  1. Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Section 1070.040 of the Zoning Ordinance.

  2. Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.

  3. Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

     • a. Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

     • b. Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

     • c. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

4. Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.

5. General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:

   • a. The potential danger to life and property due to increased flood heights or velocities caused by encroachments;

   • b. The danger that materials may be swept onto other lands or downstream to the injury of others;

   • c. The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;

   • d. The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;

   • e. The importance of the services to be provided by the proposed use to the community;

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

   • g. The availability of viable alternative locations for the proposed use that are not subject to flooding;

   • 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 Land Use Plan and floodplain 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.

6. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

7. Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

8. Record-Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.

D. Conditional Uses.

1. Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 1070.020 of the Zoning Ordinance.

2. Factors Used in Decision-Making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Subd. 10. C. 5 of this ordinance.

3. Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following:

   • a. Modification of waste treatment and water supply facilities.

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

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

   • d. Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures.

   • e. Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

4. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

5. Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

Subd. 11. Nonconformities.

• A. Continuance of Nonconformities. A use, structure or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 1020.020, Definitions, Floodplain Related ("Substantial Improvement"), are subject to the provisions of Subd. A. 1 - Subd. A. 6 of this ordinance.

A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Subd. 11. A. 2 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.

2. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subd. 11. A. 3 and Subd. 11. A. 7 below.

nforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subd. 11. A. 3 and Subd. 11. A. 7 below.

3. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Subd. 4 or 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor.

4. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year.

5. If any nonconformity is substantially damaged, as defined in Section 1020.020 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Subd. 4 or 5 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.

6. If any nonconforming use or structure experiences a repetitive loss, as defined in Section 1020.020 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance.

7. Any substantial improvement, as defined in Section 1020.020 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Subd. 4 or 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.

Subd. 12. Penalties and Enforcement.

• A. Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a

misdemeanor and will be punishable as defined by law.

• B. Other Lawful Action: Nothing in this ordinance restricts the City of Corcoran from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly.

ction: Nothing in this ordinance restricts the City of Corcoran from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly.

• C. Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section 1080 of the Zoning Ordinance. In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Corcoran must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

Subd. 13. Amendments.

• A. Floodplain Designation - Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.

• B. Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval.

• C. Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Subd. 2. C of this ordinance.

• (Ord. 332, passed 08-25-16, Ord. 348, passed 05-25-17, Ord. 526, passed 06-27-24)

SECTION 1060: - PERFORMANCE STANDARDS

1060.010: - EXTERIOR STORAGE

Subd. 1. Outside Storage. As otherwise regulated, all outdoor storage is prohibited except:

• A. Clothes line poles and wires.

• B. Swings, slides and other play equipment.

• C. Outdoor furniture and lawn and garden equipment.

• D. Agricultural equipment and materials, if these are used on the premises within a period of 12 months. Except that Agricultural uses as defined by the City Code are exempt from this requirement.

Subd. 2. Storage of Vehicles.

• A. Except where otherwise allowed as exterior storage or in a zoning district, trucks with a gross vehicle weight rating (GVWR) of 12,000 pounds or more, or greater than 30 feet in length, as well as contracting or excavating equipment, storage trailers, and mobile storage compartments shall not be parked, stored or otherwise located on any property within the City unless being used in conjunction with a temporary service benefiting the premises.

• B. Parking of Commercial Vehicles. In the commercial or business park zoning districts, up to 3 commercial vehicles such as delivery and service trucks up to 12,000 pounds gross vehicle weight rating (GVWR) may be parked without screening if such vehicles relate to the principal use. Construction equipment, trailers, and vehicles over 12,000 pounds GVWR shall require screening in compliance with this Chapter.

• C. Vehicles shall be parked or stored in compliance with Chapter 80 of this Code.

• D. All materials stored outside in violation of the City Ordinances are considered refuse or junk and shall be disposed of pursuant to City regulations.

• E. No motor vehicle repair work of any kind shall be permitted in conjunction with exposed offstreet parking facilities, except for minor repairs of vehicles owned by the occupant or resident of the principal use for which the parking space is intended. No exterior storage of car parts is allowed at any time.

Subd. 3. Non-Residential Zoning Districts.

• A. Outside Storage/Display. Exterior storage and display shall be governed by the respective zoning district in which such use is located.

• B. Additional Standards. All exterior storage shall be located in the rear or side yard and shall be screened so as not to be visible from adjoining properties and public streets except for the following:

  1. Merchandise being displayed for sale in accordance with zoning district requirements.

  2. Materials and equipment currently being used for construction on the premises.

Subd. 4. All Zoning Districts.

A.

Except for temporary construction trailers and mobile services operated by public service agencies (i.e., bookmobile, bloodmobiles, etc.) as allowed by the City, and trailers parked in a designated and improved loading area, no vehicle may be used for office, business, industrial manufacturing, testing, or storage of items used with or in a business, commercial or industrial enterprise, unless otherwise approved by the Zoning Administrator.

• B. The City Council may order the owner of any property to cease or modify open storage uses including existing uses, provided it is found that such use constitutes a threat to the public health, safety, convenience, or general welfare.

1060.020: - REFUSE

Subd. 1. Storage of Garbage and Trash.

• A. No exterior incineration of trash or garbage is permissible.

• B. No exterior storage of trash or garbage is permissible except in an accessory building enclosed by walls and roof or in closed containers within a totally screened area. Covered garbage cans in agricultural and single-family districts are exempt from these screening requirements.

1060.030: - SCREENING

Subd. 1. Screening of Mechanical Equipment. All rooftop and ground mounted mechanical

equipment of multi-family and non-residential buildings shall comply with the following standards:

• A. All rooftop and ground mounted mechanical equipment shall be buffered so as to mitigate noise in compliance with Section 1060.090 of this Chapter.

• B. All rooftop and ground mounted mechanical equipment shall be designed (including exterior color) and located so to be aesthetically harmonious and compatible with the building. Screening of the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility as observed by a 6-foot tall individual standing at ground level on the adjacent property or public right-of-way. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening.

• C. Rooftop mechanical equipment less than 3 feet in height shall be exempt from the screening requirements of this Chapter.

1060.040: - LIGHTING

Subd. 1. Except for single- and two-family homes located within the residential zoning districts, all exterior lighting shall comply with the following standards:

• A. Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates.

• B. No light which is flashing, revolving or otherwise resembles a traffic-control signal shall be allowed in any area where it could create a hazard for passing vehicular traffic.

• C. Maximum Intensity of Lighting and Glare:

  1. Any light or combination of lights shall not exceed one foot-candle (meter reading) as measured from the property line or the centerline of a public street.

  2. Any lighting shall be arranged so as not to produce glare beyond the property line. Lenses, deflectors, shields, louvers, or prismatic control devices shall be used to eliminate glare.

• D. General Performance Standards:

  1. Light fixtures and freestanding luminaires shall have a cutoff angle of less than or equal to 90 degrees.

  2. The height of a freestanding luminaire shall not exceed 30 feet or extend above the roof line of the principal building, whichever is less.

  3. Freestanding luminaires used for outdoor athletic fields and recreation areas that exceed the height limitation may be approved by conditional use permit.

  4. All canopy lighting for motor fuel stations shall be recessed into the canopy.

  5. Accent lighting used to highlight building facades, foliage, or selected architectural features shall be permitted provided the light source is shielded.

6. Any lighting in existence before the effective date of this Ordinance that does not comply with the requirements shall be considered legally non-conforming. However, if a property owner proposes to replace 50 percent or more of the existing exterior light fixtures or standards in any one year period, the fixtures or standards must be replaced in conformance with this Chapter.

1060.050: - BUILDING STANDARDS

Subd. 1. Building Type and Construction.

A. General Provisions.

1. Quality. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the public health, safety and general welfare.

   2. Additions or Alterations. When an expansion of an existing structure is proposed, the existing facade shall be upgraded so that 25% or more of the existing structure conforms to the exterior building material requirements as outlined herein, unless otherwise approved by Conditional Use Permit. The improvements shall be concentrated on the side facing the public road and/or the side facing an area zoned for residential use.

• B. Residential District Standards.

  1. All residential structures shall be finished with materials comparable in grade and quality to the following:

     • a. Face Brick.

     • b. Natural stone or cultured stone.

     • c. Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, cypress.

     • d. Stucco or EIFS.

     • e. Vinyl siding.

     • f. Fiber cement siding.

     • g. Other materials deemed appropriate and subject to approval by the Zoning Administrator.

  2. Roof Material. Dwellings shall have an earth covered, asphalt shingles, wood shingled (including shakes), concrete, clay or ceramic-tiled roof. In addition, metal roof coverings may be allowed by approval of the Zoning Administrator via a Certificate of Compliance, provided they:

     • a. Meet the standards adopted by the Minnesota State Building Code,

     • b. Have concealed fasteners,

     • c. Are high quality commercial thickness/weight,

     • d. Have been treated with a factory applied color coating system against any fading or degradation.

  3. All residential structures shall have permanent concrete or wood foundations, which comply with the Minnesota State Building Code and which is solid for the complete circumference of the house.

  4. All residential dwellings must be built in conformance with the Minnesota State Building Code.

  5. All residential dwellings shall have roof overhangs which extend a minimum of one (1) foot from the exterior wall of the structure.

• C. Non-Residential District Standards.

1. Finishes. Exterior building finishes in all districts except the CR district shall consist of materials comparable in grade and quality to the following:

   • a. Face Brick.

   • b. Natural stone or cultured stone.

   • c. Decorative concrete block or integral colored block.

• d. Cast in place concrete or pre-cast concrete panels.

  • e. Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, cypress.

  • f. Curtain wall panels of steel, fiberglass and aluminum (non-structural, non-load bearing), provided such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion resistant design. Up to 20% of any wall surface may consist of the materials outlined herein (excludes overhead doors).

    • i. In the CR zoning district, 50% of any wall surface (excludes overhead doors) may consist of curtain wall panels of steel, fiberglass and aluminum (non-structural, non-load bearing), provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design.

  • g. Glass curtain wall panels.

  • h. Stucco or EIFS.

  • i. Fiber cement siding.

  • j. Other materials deemed appropriate and subject to approval by the Zoning Administrator.

2. Roof Materials. For all non-residential structures roof materials shall be reviewed as part of the site plan. Acceptable roofing materials include asphalt shingles, wood shingles (including shake), concrete, clay or ceramic tile roofs. Metal roofs with a pitch greater than 2:12 shall not be permitted except as provided below:

• a. Color samples shall be provided for review and approval by the City Council as part of the site plan review.

• b. Metal roof coverings may be allowed for the above mentioned circumstances, provided the following conditions are met:

  • i. Meet the standards adopted by the Minnesota State Building Code,

  • ii. Have concealed fasteners,

  • iii. Are high quality commercial thickness/weight,

  • iv. Have been treated with a factory applied color coating system against any fading or degradation.

• D. Accessory Buildings.

  1. Accessory buildings shall comply with the standards identified in Section 1030.020 of this Ordinance.

  2. Accessory buildings shall have roof overhangs which extend a minimum of one (1) foot from the exterior wall of the structure.

  3. All accessory buildings, including agricultural buildings with metal siding and/or roofing may be allowed by approval of the Zoning Administrator via a Certificate of Compliance, provided they:

     • a. Meet the standards adopted by the Minnesota State Building Code.

     • b. Have been treated with a factory applied color coating system against any fading or degradation.

• E. Exceptions to the provisions of this Section may be granted as a conditional use permit subject to the process outlined in Section 1070.020 and provided that:

  1. The proposed building and material maintains the quality, durability and value intended by the Ordinance.

  2. The proposed building is compatible and in harmony with other existing structures within the district and immediate geographic area.

  3. The provisions of Section 1070.020 are considered and determined to be satisfied.

Subd. 2. Prohibited Materials. Prohibited materials include face materials that rapidly deteriorate or become unsightly such as unfinished/non-pigmented structural concrete block, galvanized metal, unglazed structural clay tile or common or back-up quality brick.

Subd. 3. Number of Buildings. No more than one principal building shall be located on a single family residential lot, except in the case of operating farms as provided for herein. No more than one principal building shall be located on a multiple family residential lot or non-residential lot, except by conditional use permit. The term principal building shall be given its common, ordinary meaning as defined in Section 1020.020 of this Chapter.

1060.060: - PARKING AND LOADING

Subd. 1. General Provisions.

• A. Site Plans. All site plans submitted for a structure requiring parking spaces and/or loading facilities shall show or designate the parking and/or loading area(s), number of parking spaces, and type of surfacing, screening, drainage, curbing, sidewalks, and other improvements which may be required to be installed. Said plan shall be a part of the building permit for any such structure, and except for one and two family dwellings, no final certificate

of occupancy shall be issued until all items shown on the plan for parking and loading facilities have been completed, unless an agreement supported by a financial security is provided for the completion of said plan.

• B. All site plans for single family homes must provide for location of a one stall attached garage, whether or not construction is intended.

• C. Change in Land Use. When the site intensity or use of a building and/or property is increased with consequential effect upon the parking requirements as prescribed in this Section, the parking requirements as prescribed herein shall be used to provide for such increase in the site intensity and/or use.

• D. Reduction of Existing Off-Street Parking Space or Lot Area. Off-street parking spaces or lot area devoted to parking existing upon the effective date of this Chapter shall not be reduced in number or size unless said number or size exceeds the requirements set forth herein for a similar new use.

• E. Handicap Parking. Handicapped parking spaces shall be provided as applicable pursuant to Minnesota Statutes 168.021, as may be amended.

• F. Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served, except as provided for under the provisions of Subd. 2 of this Section.

• G. Except for single family and two family dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited.

Subd. 2. Off-Site Parking. Except as otherwise allowed in the Downtown Mixed Use District, when parking is provided on a site other than the lot or tract upon which a principal use is located, said parking area shall be in the ownership of and remain in the possession of the owner of the principal use for which it is designated. No authorization for separate parking facilities shall be given until such time as the City Council is reasonably certain that the ownership and use of the parking area will continue and that the site will be well maintained. Off-site parking facilities may only be allowed by conditional use permit and shall be subject to the following conditions:

• A. Ordinance Compliance. Off-site parking shall be developed and maintained in compliance with all requirements and standards of this Chapter.

• B. Access. Reasonable access from off-street parking facilities to the use being serviced shall be provided as determined by the Zoning Administrator.

• C. Proximity to Multiple Family Dwelling. The furthest space of an off-site parking lot for multiple family dwellings shall not be located more than 300 feet (excluding public rights-of-way) from any normally used entrance of the principal use serviced.

• D. Proximity for Non-Residential Uses. The furthest space of an off-site parking lot for nonresidential uses shall not be located more than 300 feet (excluding public rights-of-way) from the main entrance of the principal use being served.

Subd. 3. Parking Design.

• A. Surfacing and Drainage. Off-street parking areas for non-residential uses shall have a perimeter of poured, cast in place, concrete curb around the entire parking lot and shall be surfaced with asphalt, concrete, or other surface as approved by the City Engineer. Such areas shall be graded and drained to dispose of all surface water without damage to adjoining property. These requirements shall also apply to open sales lots.

• B. Gravel Parking Lots. Gravel parking lots shall be prohibited in all areas of the City except in the Rural Commercial (CR) zoning district. Gravel parking lots may be provided in the CR district, if all of the following standards are met:

  1. The City Engineer has reviewed the grading plan and finds that surface water is managed in compliance with City and State requirements.

  2. A dust control program is provided by the landowner and approved by the City Council.

  3. Handicapped accessible routes are provided on site in compliance with State and Federal requirements.

  4. The gravel parking areas are fully screened to a height of 3 feet from the public streets and adjoining properties.

  5. The commercial development requiring the parking is seasonal in nature (operates 9 months or less per calendar year).

  6. Landscaped areas equal to 10 percent of the lot area shall be provided in parking lots that contain space for 50 or more cars.

  7. When an existing business expands its structure by 10 percent or more or a change in use creates the need for additional parking spaces, the entire parking area shall be upgraded to meet the provisions contained within this subdivision.

8. Areas designed for storage purposes only, which are fenced and properly screened, may be permitted to utilize other durable and dustless surface materials subject to the approval of the City Council.

   9. Off-Street Loading Areas. Loading areas established after March 23, 2004 shall be prohibited within 300 feet of residentially zoned or guided property unless completely screened by an intervening building. Loading areas not requiring screening by an intervening building shall be screened from adjacent residentially zoned or guided

property by the use of berms, fences, or walls to provide 100 percent opacity to a height of at least 10 feet. The height of the screening shall be measured from the grade of the loading areas.

Subd. 4. Parking Area Standards.

• A. Setbacks.

  1. Minimum Parking and Drive Aisle Setbacks shall be as follows:

     • a. Front - Same as the minimum front setback for principal structures in the zoning district.

     • b. Side and Rear - 10 feet.

  2. In the case of properties which abut street easements, applicable setbacks shall be determined by the Zoning Administrator and relate to roadway classification as identified in the Corcoran Comprehensive Plan.

• B. Calculating Space.

  1. Floor Area. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, minus 10 percent except as may be hereinafter modified, and where a gross floor area calculation is specified.

  2. Computation. When determining the number of off-street parking spaces, any fraction of a number shall constitute an additional space.

  3. Places of Public Assembly. In stadiums, sports arenas, places of worship and other places of public assembly in which patrons or spectators occupy benches, pews, floor space or other similar seating facilities, each 18 inches of such seating facilities shall be counted as one seat for the purpose of determining parking requirements.

  4. Snow Storage in Parking Stalls. Provision shall be made in the parking area for adequate snow storage or removal in order to ensure that the required number of spaces is available at all times during the year.

  5. Use of Required Area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, or storage of inoperable vehicles unless approved by the Zoning Administrator.

• C. Design.

  1. Pedestrian Provision. All off-street parking areas shall be designed with due regard to pedestrian circulation. Off-street parking areas shall be designed such that vehicle and pedestrian circulation is accommodated in a safe, complementary, and orderly fashion.

  2. Dimensional Requirements. Unless otherwise specified in this Chapter, stall, aisle and driveway design for required off-street parking shall comply with the following standards:

3. Compact Parking. Up to 20 percent of the parking spaces in a parking lot may be permanently marked for compact cars only, provided that:

   • a. The parking lot contains 40 or more off-street parking spaces.

   • b. All compact car spaces are a minimum of 8 feet in width and 16 feet in length.

   • c. Signs and markings, as approved by the City, are placed and maintained for compact car spaces.

   • d. All required off-street parking aisle widths are maintained.

   • e. The compact car stalls do not displace preferred handicap parking stall locations.

   • f. The design, layout, and location of designated compact car spaces shall not encourage utilization by oversized vehicles and shall be subject to approval by the Zoning Administrator.

4. Parking Garages/Parking Within Structures. Required garage parking for structures containing 3 or more dwelling units shall be provided underground, under principal structures or in a similar manner to avoid excessive site coverage. The off-street parking requirement may be furnished by providing fee-free space so designed within the principal building or structures attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this Chapter. In no case shall on-street parking be utilized to satisfy the required off-street parking supply.

5. Parking Ramps.

   • a. Parking ramps shall be set back from lot lines as required for the principal building on the lot, or as required for parking spaces specified by this Section, whichever is greater.

   • b. Except as otherwise approved by the Zoning Administrator, off-street parking ramps shall be designed in compliance with the applicable dimensional requirements of Subd. 4 (C)2 of this Section.

6. Street Encroachments. Except in the case of single, two family dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot upon the property being serviced and does not depend upon a public street or alley. Except in the case of single, two family dwellings, parking area design that requires backing into the public street is prohibited. Parking spaces in a public right-of-way shall not be utilized in meeting required off-street parking standards, except as may be provided in this Chapter.

7. Parking Area Grades. The grade elevation of the required parking area or portion thereof shall not exceed 5 percent.

8. Driveway Access Minimum. Each property other than single family uses shall be allowed one driveway access for each 125 feet of street frontage. All property shall be entitled to at least one driveway access. Single family uses shall be limited to one driveway access per lot, except when the property exceeds the required street frontage per zoning district requirements, a second driveway access may be allowed by approval of the Zoning Administrator. Except as otherwise approved by the Zoning Administrator, single family uses shall not access arterial and major collector streets. In such cases, if a lot does not have frontage upon a local street and where the Zoning Administrator determines driveway access to arterial and major collector streets necessary, joint access through the use of shared curb cuts and access easements shall be utilized to the extent possible.

9. Street Access. Except as allowed by a conditional use permit or property subdivision, each lot shall have frontage and access directly onto an abutting, improved and City accepted public street.

10. Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect glare away from adjoining property, adjacent residential uses and public rightsof-way and be in compliance with Section 1060.040 of this Chapter.

11. Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot. All signs shall be in conformance with the City Code.

Subd. 5. Location. In the case of residential dwellings, driveways providing access to garages may qualify as required off-street parking spaces if all of the following conditions are met:

• A. The driveway shall serve a dwelling unit that has use of a two-stall garage.

• B. The driveway shall be under the direct control of the dwelling unit served by the garage.

• C. The driveway shall measure at least 22 feet in length between the front of the garage and the street, roadway or sidewalk.

• D. The driveway must be located outside of any drainage and utility easement, unless approved by the City Engineer.

• E. Parking on the driveway shall not impede pedestrian or traffic circulation or access to any other dwelling unit, nor shall it adversely affect the ability to provide public utilities or public safety.

Subd. 6. Pedestrian Circulation. A pedestrian circulation route shall be provided from all parking areas and loading zones as may be applicable to the entrance of the building. Such circulation routes shall be surfaced with material such as asphalt, concrete, or equivalent material determined acceptable by the Zoning Administrator.

Subd. 7. Maintenance. It shall be the joint and separate responsibility of the owner of the principal use (or lessee), to use and to maintain in a neat and adequate manner, the parking space, access way, striping, landscaping, and required fences and to undertake snow removal.

Subd. 8. Number of Off-Street Parking Spaces Required. The following minimum number of offstreet parking spaces shall be provided and maintained by ownership, easement, and/or lease for and during the life of the respective uses hereinafter set forth.

Subd. 9. Non-Specified Uses. For uses not specifically listed above, off-street parking requirements shall be computed by the Zoning Administrator on the same basis as required for the most similar listed uses. In such cases, the Zoning Administrator shall also consult off-street parking reference materials including, but not limited to, manuals prepared by the American Planning Association and Institute of Transportation Engineers.

Subd. 10. Space Reductions. Subject to the review and processing of an interim use permit, the City may reduce the number of required off-street parking spaces when the use can demonstrate in documented form a demand which is less than required by this Chapter. In such situations, the City may require land to be reserved for parking development should the use or needs change.

Subd. 11. Joint Facilities. The City may approve an interim use permit to allow joint parking for one or more businesses where the total number of parking stalls provided for joint use is less than the sum of the total required for each business should they provide them separately. The applicant must demonstrate the feasibility of the arrangement in a written report. Such a permit shall not be granted except when the following conditions are found to exist:

• A. Proximity. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 300 feet of such parking facilities, excluding public rights-of-way.

• B. Conflict in Hours. The applicant shall demonstrate in documented fashion that there is no substantial conflict in the principal operating hours of the 2 buildings or uses for which joint use of off-street parking facilities is proposed.

• C. Written Consent and Agreement. A legally binding instrument, executed by the parties concerned, for joint use of off-street parking facilities, duly approved as to title of grantors or lessors, and in a form and manner of execution approved by the City Attorney, shall be filed with the City Clerk and recorded with the Hennepin County Recorder or Registrar of Titles, and a certified copy of the recorded document shall be filed with the City within 60 days after approval of the joint parking use by the City or the interim use permit shall be considered null and void.

Subd. 12. Drive Through Business. Where allowed, drive through businesses shall comply with the following:

• A. The business shall be located on a site with direct access to a minor arterial street, collector or service road.

• B. Drive-Through Lanes: Drive-through or drive-in lanes are not allowed between the building and a lot line that faces a public street. This does not pertain to driveways.

• C. All portions of the business with drive through facilities, including but not limited to, the building in which they are located, service windows and stacking spaces, shall be separated from residentially zoned or guided property by an arterial or collector street or shall be set back at least 300 feet from residentially zoned or guided property.

• D. The public address or order system shall not be audible from any adjacent residentially zoned or guided property.

• E. Adequate stacking distance shall be provided, as determined by the City Engineer, which does not interfere with other driving areas, parking spaces, or sidewalks Stacking spaces shall not interfere with parking spaces or traffic circulation.

• F. The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections.

• G. Screening shall be provided of automobile headlights in the drive-through lane to adjacent properties. Such screening shall be at least three feet (3') in height and fully opaque, consisting of a wall, fence, dense vegetation, berm, or grade change.

• H. A bypass lane shall be provided for each drive-through use, allowing cars to leave the drivethrough lane from the stacking area.

(Ord. 348, passed 05-25-17)

1060.070: - LANDSCAPING

Subd. 1. Purpose. The purpose of this Ordinance is to provide for a diversity of landscaping plant materials and design elements within the City through the establishment of minimum standards for landscape plans and maintenance requirements for required landscaping.

Subd. 2. Required Landscaping and Maintenance. Prior to approval of a building permit, all semipublic, non-residence uses, and residential developments of four units or more, shall be subject to a mandatory landscape plan and specification requirements. Residential developments of less than 4 units shall not require a landscape plan but shall be required to install a minimum number of trees as outlined in this Section, item G.

• A. The landscape plan shall be developed with an emphasis upon the boundary or perimeter of the proposed site at points adjoining other property and the immediate perimeter of the structure.

• B. Required Ground Cover. The lot area remaining after providing for off-street parking, offstreet loading, sidewalks, driveways, building site and/or other requirements shall be sodded or seeded and mulched within 30 days of building occupancy or a financial guarantee shall be provided to guarantee said installation.

• C. Required Plantings. In addition to required ground cover specified in Subd. 2(B) above and exclusive of required buffering or screening, all new development shall be landscaped using ornamental grass, shrubs, trees or other acceptable vegetation or treatment generally used in landscaping within one year following the date of building occupancy. Where landscaping is required as part of City approvals, any plant material that is diseased or dies shall be replaced with a like kind of the original size. No landscaped area shall be used for the parking of vehicles or for the storage or display of materials, supplies or merchandise, unless specifically approved by the City.

• D. Minimum Size Requirements. All plants must at least equal the following minimum size:

Table 1 - Minimum Plant Size Requirements

• E. Spacing. Plant material centers shall not be located closer than 3 feet from the fence line or property line and shall not be planted to conflict with public plantings based on the judgment of the City staff.

• F. Types of Plantings. The landscape plan shall be reviewed by City staff to ensure that appropriate plant materials are used to accomplish the intent of the landscaping, including screening where required.

• G. Number of Plantings. The minimum number of plantings on any given site shall be as follows:

  1. Residential uses shall provide a minimum of one overstory tree per dwelling unit.

  2. Non-Residential Uses. Non-residential uses shall contain at a minimum:

     • a. One overstory tree per 1,000 square feet of gross building floor area or one tree per 50 lineal feet of site perimeter, whichever is greater.

     • b. One understory shrub for each 300 square feet of building or one tree per 30 lineal feet of site perimeter, whichever is greater.

  3. Understory Trees. Up to 50 percent of the required number of overstory trees may be substituted with the use of understory trees in combination with other design elements. In such cases, not less than 3 understory trees shall be provided for each one required overstory tree substituted.

  4. At the sole discretion of the City, a portion of the total number of required trees for any development may be planted at a public location when it is determined by the City that site constraints or existing vegetation limit the ability to plant on site. Cash fees based on the estimated cost of materials and installation of required materials may be substituted for public location planting at the discretion of the City.

  5. No more than 33 percent of the required number of trees shall be of one species.

• H. Irrigation. Underground irrigation shall be required on all new multi-family and nonresidential development where municipal water is available.

• I. Landscape Guarantee. All new plants shall be guaranteed for 2 full years from the time planting has been completed. All plants shall be alive and in satisfactory growth at the end of the guarantee period or be replaced per the approved plan. Security in the form of letter of credit or cash shall be provided to guarantee the installation per the approved plan.

• J. Required Screening and Buffering.

  1. Buffer Yards.

     • a. Definition. For the purpose of this Section, a buffer yard shall be a land area containing landscaping, berms, fences, or some combination thereof used to promote orderly transition between developments and to minimize the adverse impacts of

differing land uses. Buffer yards shall be preserved in perpetuity by an easement or an outlot.

• b. Required Buffer Yard. A buffer yard shall be required when a developing property is adjacent to or across a local street from property in a less intensive zoning district.

  • i. The buffer yard standards only apply to the parcels abutting the conflicting zoning district.

  • ii. Parcels within the same development are not required to adhere to the buffer yard requirements. The buffer yard requirement applies only to the perimeter of the development.

  • iii. A buffer yard shall not be required for new developments adjacent to or across a local street from a permanently undevelopable parcel, such as an outlot for stormwater ponds, but shall be required adjacent to outlots that may be developed in the future.

  • iv. A buffer yard shall not be required for existing developed parcels if they are replatted as long as there is no change in use or building expansion.

• c. Responsibility. Provision of buffer yards shall be the responsibility of the more intensive use and shall be required at the time of development.

• d. Location of Buffer Yard. Buffer yards, when required, shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line.

  • i. Buffer yards shall not be located on any portion of an existing or dedicated public right-of-way or private street easement, unless otherwise specified by this ordinance.

  • ii. Buffer yards may be located within required yard setbacks. Structures must comply with both the setbacks in the zoning district and the buffer yard requirements.

• e. Determination of Buffering Level. This subsection applies to proposed developments that are adjacent to an existing residential neighborhood. Matching the development to the adjacent existing neighborhood in the following chart determines the level of buffering required.

  • i. If the proposed development is in a PUD zoning district, the underlying zoning district used to establish the PUD shall be used to determine the buffering level.

  • ii. A buffer level of "X" denotes a buffer yard is not required.

  • iii. Perimeter Setback. For a buffer yard requirement noted with an asterisk (*) in Table 2, the development is required to maintain side and rear setbacks equivalent to the rear setback requirement. No additional buffer plantings are required in the setback.

Table 2 - Determination of Buffering Level

• 1 Zoning district RMF includes RMF-1, RMF-2, and RMF-3

• 2 Zoning district C includes DMU, GMU, CR, C-1, and C-2

• f. Options for Buffer Yard Classes. The following table is used to list appropriate landscape buffer options to fulfill the requirements of the buffer yard classes in Table 2 of this Section. Proposed alternatives must be approved by City Council.

Table 3 - Buffer Yard Options

1 per 100 feet of distance

2 Requirement must be met by shrubs, tall native prairie plantings, or a combination deemed acceptable by the City

• 3 Fences are subject to requirements in Section 1060.080

• 4 A local road fulfills the Buffer Yard Class A requirement

  • g. Planting Requirements.

    • i. All plantings shall be subject to the size and spacing requirements in Subd. 2(D) and 2(E) of this Section.

    • ii. Plantings used to meet the buffer yard requirement shall be native or naturalized species approved by City Council. Naturalized plants are defined as plant species that grow and reproduce outside their native homelands, with little to no effect on their new environment.

  • h. Natural Buffers. Any of the following buffers may qualify as an acceptable method of attainment for transitioning (in whole or in part) if deemed acceptable by City Council:

    • i. Existing topographical features on vacant lands such as hills and swales.

    • ii. Wetlands, lakes, rivers and streams.

    • iii. Major Roadways. Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

    • iv. Local Roads as shown on the as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan may fulfill the Buffer Yard Class A requirement.

    • v. Existing wooded areas.

  • i. Use of Buffer Yards. Buffer yards shall be left in a predominantly undeveloped state.

    • i. Plantings in addition to those required by this ordinance are permitted.

    • ii. No passive recreation, paths, storage containers, lighting fixtures, raised planting beds or any permanent structures shall be allowed.

    • iii. Temporary structures such as benches shall be allowed.

    • iv. Paving shall be limited to areas necessary to provide access to the subject property.

• v. Stormwater ponds and bio-retention ponds are allowed in perimeter setbacks. They are allowed to encroach a maximum of 10 feet into required buffer yards.

  • j. Ownership of Buffer Yards. Ownership of the buffer yard will vary depending on whether it is an outlot or an easement.

    - i. Buffer yards shall remain in the ownership of the original developer, or they shall be transferred to any consenting grantees, such as adjoining landowners, a homeowners association, or an open-space or conservation group, subject to City approval. 
    
    - ii. Any such conveyance must adequately guarantee the establishment, maintenance, and protection of the buffer yard for its intended purpose in perpetuity. 
    
    - iii. Easements protecting the buffer shall be recorded against the property and filed at Hennepin County. 
    

    • k. Enforcement. Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided, shall, upon conviction, be guilty of a misdemeanor. The penalty for any crime that is a misdemeanor under this code, including Minnesota Statutes specifically adopted by reference, shall be identical to the penalty enumerated in Minn. Stats §609.02, Subd. 3, as amended from time to time.

  2. Screening with the use of landscaping, fencing and walls should be accomplished with the existing topography where possible. When the existing topography prohibits effective screening, berming may be used.

     • a. Planting screens are the preferred method of screening. The planting screen shall consist of hardy trees that will provide a minimum of 80 percent opacity year-round. Plantings screens shall contain a mix of overstory and understory plantings and a mix of deciduous and coniferous materials.

     • b. Fences or wall may be used in conjunction with landscaping to provide screening. When required for screening, minimum of 80 percent opacity shall be provided. No landscaping or screening shall interfere with driver or pedestrian visibility for vehicles entering or exiting the premises.

     • c. Earth berms may be used for screening when topography requires the earth berm to adequately screen the property. Berms shall not exceed 3:1 slope.

  3. Parking areas with 4 or more stalls shall be screened from properties guided or zoned residential and from public streets. Screening to a height of at least 3 feet shall be provided to screen vehicle headlights.

  4. Loading and service areas shall be screened from properties guided or zoned residential and from public streets.

• K. Building Setback Flexibility Through Additional Landscaping. A reduction in the required front setback adjacent to arterial streets may be approved by the City Council if the applicant provides landscaping beyond the minimum requirements or preserves significant landscaping in this area. The required setback may be reduced up to 40 percent if the applicant provides a

minimum of one overstory deciduous tree, one overstory coniferous tree, 2 ornamental trees and 10 understory shrubs per 100 feet of the length of the property line where the flexibility is requested, or preserves the equivalent amount of existing trees and shrubs. These materials must be provided in addition to the minimum landscape requirements.

• L. Parking Setback Flexibility Through Additional Landscaping. A reduction in the required front setback adjacent to arterial streets may be approved by the City Council if the applicant provides landscaping beyond the minimum requirements or preserves significant landscaping in this area. The required setback may be reduced to the required front setback from other streets in that district if the applicant provides a minimum of one overstory deciduous tree, one overstory coniferous tree, 2 ornamental trees and 10 understory shrubs per 100 feet of the length of the property line where the flexibility is requested, or preserves the equivalent amount of existing trees and shrubs. These materials must be provided in addition to the minimum landscape requirements.

(Ord. 483, passed 04-27-2023)

1060.080: - FENCES AND WALLS

Subd. 1. General Provisions. Except as otherwise provided herein, all fences and walls within the City shall be subject to the following general provisions:

• A. No fences or walls shall be placed on or extend into public rights-of-way, easements, or onto public property except by means of an encroachment agreement or other mechanism approved by the City. The approval or denial of such an agreement shall be solely within the City's discretion.

• B. That side of any fence or wall considered to be its "face" (i.e., the finished side having no structural supports) shall face abutting property or street right-of-way.

• C. Both sides of any fence or wall shall be constructed to allow for adequate access and maintained and shall be maintained in a condition of reasonable repair and appearance by its owner and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private.

• D. No physical damage of any kind shall occur to abutting property during installation unless it is allowed under agreement with the adjacent property owner.

• E.

A permit is required for all fences (except hedges and plantings) or walls to be constructed on or within a drainage and utility or ponding easement, 25-feet from lot frontages, and 10 feet from interior lot lines. A certificate of survey may be required, unless corner property stakes are in place and marked and a survey is filed with the City. Additionally, retaining walls shall not be placed within any drainage or ponding easement unless also reviewed and approved by the City Engineer.

• F. A building permit is required for the following:

  1. Fences over 7 feet in height, measured from grade to the top of fence, shall require a building permit,

  2. Retaining walls over 4 feet in height, measured from the bottom of the footing to the top of the wall, or

  3. Retaining walls supporting a surcharge or impounding Class I, II, or III-A liquids.

• G. Specific Fence Standards. Except as otherwise provided herein, fences may be allowed subject to the following specific standards:

  1. Fences constructed of materials with opacity of up to 100% and not exceeding 7 feet in height may be located no closer than 25 feet to lot frontages or the principal structure setback of the underlying zoning district, whichever is less, except when the lot frontage is along a County Road. The setback along a County Road is 100 feet but can be reduced to 60 feet with additional landscaping, as provided in Section 1060.070, Subd. 2(K).

  2. Fences with opacity of less than 50 percent (e.g., wrought iron, chain link, split rail) and not exceeding 4 feet in height may be located within a required front yard area.

  3. Fences over 7 feet in height shall meet all building setback requirements for the zoning district in which it is located.

  4. Fences not exceeding 7 feet in height, for uses other than one and two family dwellings, may be permitted in front of the front building line as established by the primary structure on the lot, when required for screening of adjacent property. In such cases, the required front setback for the fence shall be the same as for the use that it is intended to buffer.

  5. No fence shall interfere with a 30-foot sight visibility triangle, as defined by Section 1060.090, Subd. 2, from intersection and driveways on the property and adjacent properties.

  6. Fences which include a security gate at a point where access is provided to the property and principal building may be approved if necessary and appropriate as part of the site plan review.

  7. Fences for the agricultural uses on properties at least 10 acres in size are not subject to the requirements of this Section.

• H. Swimming Pool Fences and Barriers

  1. All fences and barriers for swimming pools, hot tubs, and spas, as defined by the Minnesota State Building Code, shall comply with the following regulations:

     • a. All permanent swimming pools, include inground pools and aboveground pools, shall be surrounded by a fence or wall not less than 4 feet in height, and with openings, holes, or gaps no greater than 4 inches in either vertical or horizontal direction.

     • b. The fence shall be a type not readily climbed by children.

     • c. A building or accessory building may be used as part of the enclosure.

     • d. All gates or doors to such enclosure shall be equipped with a self-closing and selflatching devise for keeping the gate or door securely closed at all times when not in actual use and shall be provided with hardware for permanent locking devises, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Pool gates shall be locked when the pool is not in the use.

  2. Exemptions:

     • a. Swimming pools or spas for which a building permit has been approved on or before the effective date of this Section.

     • b. Swimming pools or spas secured with a code compliant safety cover as determined by the Building Official.

• c. An aboveground pool with a wall greater than 4 feet in height does not require a fence if the wall cannot be readily climbed by children and the pool can be secured while not in actual use.

• I. Specific Wall Standards. Except as otherwise provided herein, landscape and retaining walls may be allowed subject to the following specific standards:

  1. All retaining walls shall comply with the regulations in the Minnesota State Building Code as amended.

  2. All walls adjacent to wetlands shall be setback in accordance with Section 1050.010 of the City Code as well as State and Federal wetland buffer regulations as amended.

  3. A permanent barrier shall be required at the top of retaining walls if the height of the drop-off is greater than 30 inches and the top edge of the drop-off is located in a right-ofway or within five feet of a public sidewalk, trail, or other public area deemed to pose a hazard. The barrier shall be included as part of the engineered design where applicable.

  4. All walls shall be maintained in sound and good repair and free from loose boards/block/boulders, breaks, or gaps not otherwise intended in the original design of the wall. The wall shall be free from any defects or condition which make the wall hazardous.

  5. All wooden walls shall be made of treated or decay resistant wood.

6. All walls shall be accompanied with an appropriate drainage system to adequately relieve

water pressure behind the wall and provide for proper drainage.

(Ord. 465, passed 09-22-22)

1060.090: - GENERAL PERFORMANCE STANDARDS

Subd. 1. Grading and Drainage. No land shall be developed and no use shall be permitted in the City that results in water runoff causing flooding, erosion, or deposit of sediment on adjacent properties which is inconsistent with the grading and erosion control plan provisions of Section 950 of the Subdivision Ordinance.

Subd. 2. Traffic Sight Visibility. Except as may be approved by the Zoning Administrator, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be placed on or extend into any yard or right-of-way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway. Visibility from any street or driveway shall be unobstructed above a height of 3 feet, measured from where both street or driveway center lines intersect within a triangular area described as beginning at the intersection of the projected curb line of two intersecting streets or drives, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning along the other curb line. The exception to this requirement shall be where there is a tree, planting or landscape arrangement within such area that will not create a total obstruction wider than 3 feet. These requirements shall not apply to conditions that legally exist prior to the effective date of this Chapter unless the Zoning Administrator determines that such conditions constitute a safety hazard.

e other curb line. The exception to this requirement shall be where there is a tree, planting or landscape arrangement within such area that will not create a total obstruction wider than 3 feet. These requirements shall not apply to conditions that legally exist prior to the effective date of this Chapter unless the Zoning Administrator determines that such conditions constitute a safety hazard.

Subd. 3. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7017.

Subd. 4. Dust and Other Particulate Matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7011.

Subd. 5. Air Pollution. The emission of air pollution, including potentially hazardous emissions, by any use shall be in compliance with and regulated by Minnesota Statutes 116, as may be amended.

Subd. 6. Noise. Noises emanating from any use shall be in compliance with and regulated by the Minnesota Pollution Control Standards.

Subd. 7. Sewage Disposal. Individual sewage disposal systems shall be installed and operated in compliance with the applicable provisions of the City Code.

Subd. 8. Bulk Storage (Liquid). All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of and have appropriate permits indicating compliance with the Minnesota State Fire Code and Minnesota Department of Agriculture regulations.

Subd. 9. Radiation Emission. All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency.

Subd. 10. Electrical Emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.

Subd. 11. Setbacks from Public Streets. All setbacks from public streets or proposed public streets shall be measured from the planned widened rights-of-way in accordance with City policy. All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City.

1060.100: - TELECOMMUNICATIONS SERVICES

Subd. 1. Findings.

The City Council finds: The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act"), and subsequent revisions, grants the Federal Communications Commission exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum.

he Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act"), and subsequent revisions, grants the Federal Communications Commission exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum.

Consistent with the Act, the regulation of towers and telecommunications facilities in the City is not intended to have the effect of prohibiting any person from providing wireless telecommunications services. The general purpose of this subsection is to regulate the placement, construction and modification of telecommunication towers and related facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically, the purposes of this Ordinance are:

• A. To regulate the location of telecommunication towers and facilities.

• B. To protect residential areas and land uses from potential adverse impacts of telecommunication towers and facilities.

• C. To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques.

D.

To promote and encourage shared use and co-location of telecommunication towers and antenna support structures.

• E. To avoid damage to adjacent properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound.

• F. To ensure that telecommunication towers and facilities are compatible with surround land uses.

• G. To facilitate the provision of wireless telecommunications services to the residents and businesses of the City in an orderly fashion.

Subd. 2. Development of Towers; Approvals Required.

• A. Conditional Use. A tower is a conditional use in specified zoning districts within the City. A tower may not be constructed in those districts unless a conditional use permit has been issued by, and site plan approval obtained from, the City Council, and the building official has issued a building permit.

• B. Administrative Permit. Co-location of additional antennas onto an existing tower and associated ground equipment may be granted by administrative permit. An administrative permit may be issued by City staff in accordance with the requirements of Section 1070.060 of the Zoning Ordinance.

• C. Preferred Locations. If co-location is not feasible, the preference for location of new towers within the City is, in order of priority:

  1. Existing public property.

  2. Agricultural property.

  3. Commercial/industrial property.

• D. Applicant must demonstrate in writing, to the City's satisfaction, that a lower priority site location is necessary as part of the application. The City has no obligation to allow the use of City property for this purpose.

Subd. 3. Application Process.

• A. A person desiring to construct a tower must submit an application for site plan approval and, for a conditional use permit, to the City Planner.

• B. An application to develop a tower must include:

  1. Name, address and telephone number of the applicant.

  2. Name, address and telephone numbers of the owners of the property on which the tower is proposed to be located.

  3. Written consent of the property owner(s) to the application.

  4. Written evidence from an engineer that the proposed structure meets the structural requirements of this code.

  5. Written information demonstrating the need for the tower at the proposed site in light of the existing and proposed wireless telecommunications network(s) to be operated by persons intending to place telecommunications facilities on the tower.

  6. A copy of relevant portions of a lease signed by the applicant and property owner(s), requiring the applicant to remove the tower and associated telecommunications facilities upon cessation of operations on the leased site, or, if a lease does not yet exist, a written agreement to include such a provision in the lease to be signed.

  7. An application fee established from time to time by resolution of the City Council.

  8. Any other information that City Staff, Planning Commission or Council deem necessary to consideration of the application.

• C. Administrative Costs and Expenses. In addition to the application fee, the applicant shall be responsible to pay for all administrative costs incurred by the City in their review process, including staff administrative time, legal, engineering, and any other consultant or expert fees deemed necessary by the City. The City, in its discretion may hire experts to assist in its review of any application and the applicant shall pay the cost of such expertise.

• D. Council Action. Requests for site plan approval and conditional use permit approval will be processed contemporaneously, according to the provisions outlined in the Corcoran Zoning Ordinance.

• E. Staff Action. Request for site plan approval and administrative permit for co-location onto existing towers or structures will be processed contemporaneously, according to the provisions outlined in the Corcoran Zoning Ordinance.

Subd. 4. Performance Standards.

• A. Co-Location Capability. All equipment used for transmitting or receiving telecommunication, television, or radio signals shall be co-located on existing towers whenever possible. Unless the applicant presents clear and convincing evidence to the City Council that co-location is not feasible, a new tower may not be built, constructed or erected in the City unless the tower is capable of supporting at least two telecommunications facilities comparable in weight, size, and surface area to each other.

• B. Setback Requirements. All towers and accessory equipment must comply with the following minimum setback requirements:

  1. Towers and accessory equipment shall meet the setbacks of the underlying zoning district. The tower may not encroach upon any easements.

2. The tower shall be setback from the nearest residential structure at least the height of the tower. Exceptions to such setback may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

   3. The setback for a tower or accessory equipment may be reduced or its location in relation to a public street varied, at the discretion of the City, to allow the integration of the structure into an existing or proposed structure, such as a light standard, power line support device, or similar structure.

   4. Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located.

• C. Engineer Certification. Towers must be designed and certified by an engineer to be structurally sound and in conformance with the Uniform Building Code, and any other standards set forth in this code.

• D. Height Restriction. A tower may not exceed 150 feet in height. Measurement of tower height must include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height is measured from grade.

• E. Lighting. Towers may not be artificially lighted except as required by the Federal Aviation Administration. At time of construction of a tower, in cases where there are residential uses located within a distance which is three times the height of the tower from the tower, dual mode lighting must be requested from the Federal Aviation Administration. Notwithstanding this provision, the City may approve the placement of an antennae on an existing or proposed lighting standard, provided that the antennae is integrated with the lighting standard.

• F. Exterior Finish. Towers not requiring Federal Aviation Administration painting or marking must have an exterior finish as approved in the site plan.

• G. Fencing. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where the tower or antenna support structure is located, unless more stringent fencing requirements are required by Federal Communications Commission regulations.

• H. Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with landscaping requirements as approved in the site plan. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the character of the surrounding neighborhood.

• I.

Accessory Buildings and Equipment. No more than one accessory building is permitted per user on a tower. Accessory buildings may be no more than 400 square feet in size. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet such setback requirements as are compatible with the actual placement of the tower. Accessory structures shall comply with the building design and material standards of the district in which they are located. Telecommunications facilities not located on a tower or in an accessory building must be of stealth design.

• J. Security. Towers must be reasonably posted and secured to protect against trespass. All signs must comply with applicable sign regulations.

• K. Design. Towers must be of stealth design, if practical.

• L. Removal of Towers. Abandoned or unused towers and associated above-ground facilities must be removed within twelve months of the cessation of operations of the telecommunications facility at the site unless an extension is approved by the City Council. Any tower and associated telecommunications facilities that are not removed within twelve months of the cessation of operations at a site are declared to be public nuisances and may be removed by the City and costs of removal assessed against the property pursuant to the nuisance abatement Section of the Corcoran City Code.

Inspections. The City may conduct inspections at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower for the purpose of determining if it complies with the Uniform Building Code and other construction standards provided by the City Code, federal and state law. The expense related to such inspections will be borne by the property owner. Based upon the results of an inspection, the building official may require repair or removal of a tower.

• M. Maintenance. Towers must be maintained in accordance with the following provisions.

  1. Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public.

  2. Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the National Electric Safety code and all Federal Communications Commission, State, and local regulations, and in such a manner that they will not interfere with the use of other property.

  3. Towers, telecommunications facilities or antenna support structures must be kept and maintained in good condition, order, and repair.

  4. Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel.

Towers must comply with radio frequency emissions standards of the Federal Communications Commission.

6. If the tower owner discontinues the use of a tower, the tower owner must provide written notice to the City of its intent to discontinue use and the date when the use will be discontinued.

Subd. 5. Variances.

An applicant may request a variance to the setback, separation, buffer requirements, or maximum height provisions of this Code in accordance with the procedures outlined for the granting of a variance in the Corcoran City Code. The City Council may grant the requested variance if the applicant demonstrates with written or other satisfactory evidence that:

• A. The locations, shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located.

• B. The variance will not create a threat to the public health, safety or welfare.

• C. In the case of a requested modification to the setback requirement, that the size of parcel upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land.

• D. In the case of a request for modification of separation requirements, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage needs of the applicant's wireless communications system and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area.

• E. In the case of a request for modification of the maximum height limit, that the modification is necessary to:

  1. Facilitates co-location of telecommunications facilities in order to avoid construction of a new tower.

  2. To meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from a recognized expert in the telecommunications industry.

1060.110: - SOLAR ENERGY SYSTEMS

Subd. 1. Findings.

The intent of this Section is to allow reasonable capture and use, by households, businesses, and property owners of their solar energy resource, and encourage the development of renewable energy businesses, consistent with community development standards. This is consistent with Chapter 4, Section 8 of the Corcoran 2030 Comprehensive Plan, which states that the "City of Corcoran will protect [solar] access by requiring minimum standards for lot sizes, amounts of open space, yard setbacks, and maximum height of buildings for urban residents that create the opportunity for all building owners to develop solar energy facilities if desired."

tandards. This is consistent with Chapter 4, Section 8 of the Corcoran 2030 Comprehensive Plan, which states that the "City of Corcoran will protect [solar] access by requiring minimum standards for lot sizes, amounts of open space, yard setbacks, and maximum height of buildings for urban residents that create the opportunity for all building owners to develop solar energy facilities if desired."

The general purpose of this subsection is to regulate the placement, construction and modification of solar energy systems in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the solar energy systems in the City. Specifically, the purposes of this Ordinance are:

• A. To regulate the location of solar energy systems.

• B. To protect residential areas and land uses from potential adverse impacts of solar energy systems.

• C. To minimize adverse visual impacts of solar energy systems and facilities through design, siting, landscaping, and screening.

• D. To avoid adverse impacts to adjacent properties caused by solar energy systems by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used.

• E. To ensure that solar energy systems are compatible with surrounding land uses.

Subd. 2. Development of Solar Energy Systems.

• A. Solar Energy Systems shall be permitted in the City of Corcoran according to Table 1 of this section.

Table 1 - Types of Solar Energy Systems

Subd. 3. General Standards.

• A. Solar energy systems shall conform to the following standards:

1. Building Permit. A building permit shall be required for the erection of solar energy system. Prior to the issuance of a building permit, the operator must provide evidence of an agreement with the local utility. Off-grid systems less than 6 square feet in size, such as accent lighting systems, power supply for traffic control systems, powering a water pump for water gardens, telecommunication systems, backup power systems during power outages, etc. shall be exempt from obtaining a building permit.

2. It shall be the responsibility of the property owner to secure any solar energy easements, if applicable, to protect solar access for the system (per Minn. Stats §500.30 as may be amended).

3. SES Systems shall comply with all applicable building, electric, and plumbing codes. Solar energy system components shall be labeled with the manufacturers name and address, model number, and serial number. Electric solar system components that are connected to a building electric system must have an Underwriters Laboratory (UL) listing.

4. Glare. All solar arrays or panels shall be installed or positioned so as not to cause any glare or reflective sunlight that results in potential for permanent eye damage onto neighboring properties or structures. Staff may require a glare analysis that demonstrates compliance with this standard, as deemed necessary to protect the health, safety and welfare of the City.

5. Power and Communication Lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground, consistent with Section 945.060 (Other Utilities) of the City Code. Exemptions may be granted by the Zoning Administrator in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines.

6. Setbacks. Ground mounted solar energy systems must be located a minimum of 100 feet from a residential dwelling unit not located on the property. Ground mounted systems shall meet the minimum accessory building setback for the zoning district.

7. Height. Ground mounted solar energy systems shall not exceed 12 feet.

8. Required Landscaping. All ground-mounted solar energy systems resulting in panel coverage of more than 100 square feet shall provide:

   • a. A mix of pollinator and native groundcover mix beneath panel arrays, that provide native perennial vegetation and foraging habitat beneficial to gamebirds, songbirds, and pollinators and reduces stormwater runoff and erosion at the solar generation site, subject to the standards of Minnesota State Statutes §216B.1642.

   • b. A mix of deciduous and evergreen trees and shrubs shall be provided to buffer the panels from adjacent properties and right-of-way and shall meet the following standards:

     • i. Plant material shall meet the minimum sizing requirements of Section 1060.070 Subd. 2 D (Landscaping, Minimum Size Requirements).

• ii. In areas where panels are visible from adjacent properties or public rights-of-way, the applicant shall provide 1 tree per 15 lineal feet of security fence or lot line to be buffered and one shrub per 10 lineal feet of security fence or lot line to be

buffered.

• iii. Natural looking and effective screening is desired, consequently, exceptions to buffering standards may be granted if the natural landscape provides screening from adjacent public rights-of-way and neighboring properties.

9. Erosion and sediment control shall meet the requirements of Section 950 of the City Code.

Subd. 4. Application Requirements.

• A. Persons desiring to construct a solar energy system shall submit an application according to the standards of Table 1 of Subd. 2 (A). Applicants shall also submit the following materials:

• B. Glare Study. If required by the Zoning Administrator, the applicant shall submit a glare study that analyzes glare from the adjacent right-of-way and adjacent residential properties using the Solar Glare Hazard Analysis Tool from Sandia National Laboratories or an equivalent tool.

Subd. 5. Home Owners Association.

All new residential developments may create provisions for solar use within the homeowners owners association documents.

(Ord. 328, passed 08-25-16, Ord. 355, passed 09-28-17, Ord. 376, passed 08-23-18, Ord. 383, passed 10-2518, Ord. 454, passed 03-24-22)

1060.120: - CANNABIS BUSINESSES

• A. Cannabis and Hemp Business Activities

  1. Cannabis retail establishments can only operate between the hours of 10:00 a.m. and 9:00 p.m.

  2. Establishments must implement comprehensive security measures, including but not limited to:

     • a. Security cameras covering all areas of the premises, both interior and exterior.

     • b. Alarm system monitored 24 hours per day, 7 days per week by a licensed security company.

     • c. Secure storage areas for all cannabis products.

     • d. Outdoor cultivation areas as allowed in the Rural Residential district must be secured by a privacy fence of at least 6' tall and 80% opacity.

       • (1) Fences may not include razor or concertina wire.

       • (2) Access gates must be equipped with a locking device, be self-closing, and have a selflatching device.

3. Adequate ventilation systems must be installed to ensure no odor is detectable from the exterior of the building or from adjacent properties. For outdoor cultivation areas, effective odor control measures must be in place to ensure no detectable odor extends beyond the premises.

4. Establishments must have a plan for the disposal of cannabis waste that complies with state regulations and prevents access by unauthorized individuals.

5. The operation of a cannabis business is prohibited within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field.

6. Accessory structures utilized for cultivation operations in the Rural Residential district are subject to a minimum setback of 100 feet from all property lines.

7. All signage must comply with Corcoran City Code and must not depict cannabis leaves, use slang terms for cannabis, or appeal to minors.

(Ord. 541, passed 01-09-25)

SECTION 1070: - ADMINISTRATION, PERMITS AND PROCEDURES

1070.010: - ZONING AMENDMENTS (TEXT AND MAP)

Subd. 1. Procedure. An application for an amendment to the Zoning Ordinance or Zoning Map shall be approved or denied, pursuant to Minnesota Statutes 15.99. Additional City requirements are as follows:

• A. Request for rezoning (text or map) shall be filed with the Zoning Administrator on an official application form. A non-refundable fee as set forth in the City Code shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use, shall also accompany such application. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

• B. Upon completion of preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council.

• C.

Notice of said hearing shall be mailed to all owners of land within 350 feet of the boundary of the property in question. This provision shall not apply in the case of a rezoning if the amendment affects an area greater than five (5) acres pursuant to Minnesota Statutes §462.357.

• D. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth within this Chapter.

• E. Notice of said hearing shall also be published in the official newspaper at least 10 days prior to the hearing and consist of:

  1. Legal property description.

  2. Description of request.

  3. Map detailing property location.

• F. The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter.

• G. The applicant or a representative thereof may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.

• H. The Planning Commission shall make findings of fact and a recommendation on the request. Such recommendations shall be accompanied by the report and recommendation of the City staff.

• I. The City Council shall not act upon an amendment until they have received a report and recommendation from the Planning Commission and the City staff.

• J. Upon receiving said reports and recommendations of the Planning Commission and the City staff, the City Administrator shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.

• K. Upon receiving said reports and recommendations, the City Council shall have the option to set and hold a public hearing if deemed necessary.

• L. The applicant or a representative thereof may appear before the City Council in order to present information and answer questions concerning the proposed request.

• M. For any application that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial, approval shall require passage by a twothirds vote of the full City Council. Approval of any other proposed amendment shall require passage by a majority vote of the full Council.

N.

For any application requesting a rezoning to a Planned Unit Development District, approval shall require passage by a four-fifths vote of the seated City Council present at the time of the vote. Approval of a proposed amendment shall require passage by a majority vote of the entire Council. A vote that fails due to failure of requisite votes is deemed a denial.

• O. The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment.

• P. Whenever an application for an amendment has been considered and denied by the City Council, the Planning Commission or City Council shall not consider a similar application for an amendment affecting substantially the same property again for at least 6 months from the date of its denial. A subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by not less than a majority of the full City Council.

Subd. 2. Evaluation Criteria. The Planning Commission shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon (but not limited to) the following factors:

• A. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the City Comprehensive Plan, including public facilities and capital improvement plans.

• B. The proposed action meets the purpose and intent of this Ordinance or, in the case of a map amendment, it meets the purpose and intent of the individual district.

• C. There is adequate infrastructure available to serve the proposed action.

D. There is an adequate buffer or transition provided between potentially incompatible districts. Subd. 3. Initiation. Any person owning real estate within the City may initiate a request to amend the district boundaries or text of this Chapter so as to affect the said real estate. The City Council or Planning Commission may, upon their own, initiate a request to amend the text or the district boundaries of this Chapter.

Subd. 4. Certification of Taxes Paid. Prior to approving an application for rezoning, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the rezoning application relates.

(Ord. 486, passed 05-25-23)

1070.020: - CONDITIONAL USE PERMITS

Subd. 1. Purpose. The purpose of a conditional use permit is to authorize and regulate uses which may be beneficial in a specific instance to the general welfare of the community, yet ensure that such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the zoning district in which such uses are located regarding conditions of operation, location, arrangement, and construction.

Subd. 2. Procedure. An application for a conditional use permit shall be approved or denied pursuant to Minnesota Statutes 15.99. Additional City requirements are as follows:

• A. Request for conditional use permits, as provided within this Chapter, shall be filed with the Zoning Administrator on an official application form. A non-refundable fee as set forth in the City Code shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use, shall also accompany such application. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

• B. Upon completion of preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing, and report its findings and make recommendations to the City Council.

• C. Notice of said hearing shall be published in the official newspaper at least 10 days prior to the hearing.

• D. Notice of said hearing shall also be mailed at least 10 days prior to all owners of land within 350 feet of the boundary of the property in question, informing them of the receipt of the application and the anticipated schedule for consideration.

• E. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Chapter.

• F. The applicant or their representative may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.

• G. The Planning Commission shall make findings of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this Chapter. Such recommendation shall be in writing and accompanied by the report and recommendation of the City staff.

• H. The City Council shall not consider a conditional use permit until they have received a report and recommendation from the Planning Commission and the City staff.

• I. Upon receiving said reports and recommendations of the Planning

J.

Commission and the City staff, the City Administrator shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.

• K. Upon receiving said reports and recommendations, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition they consider necessary to protect the public health, safety and welfare.

• L. The applicant or a representative thereof may appear before the City Council in order to present information and answer questions concerning the proposed request.

• M. Approval of a request shall require passage by a majority vote of the full Council.

• N. Whenever an application for a conditional use permit has been considered and denied by the City Council, the Planning Commission or City Council shall not consider a similar application for a conditional use permit affecting substantially the same property again for at least 6 months from the date of its denial. A subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by a majority vote of the full City Council.

Subd. 3. Evaluation Criteria. The Planning Commission shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors:

• A. Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans.

• B. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.

• C. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

• D. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

• E. Adequate public facilities and services are available or can be reasonably provided to accommodate the proposed use.

• F. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

• G. The conditional use and site conforms to performance standards as specified by this Chapter.

Subd. 4. Information Requirement.

• A. The information required for all conditional use permit applications shall be as specified in Section 1070.050, Subd. 6.

• B. In addition, the City Council, Planning Commission, and City staff shall all have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant. Said information is to be declared necessary to determine performance and may include but is not limited to:

  1. Scope of operation of the proposed use, including methods and materials utilized in operation.

  2. Traffic Generation Data.

  3. Statement of the economic impact of the proposed use on the surrounding area.

  4. Statement of the environmental impact of the proposed use on the surrounding area.

Subd. 5. Revocation.

• A. Justification.

The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with:

1. The conditions of the permit.

2. The intent of this Chapter.

3. City Codes.

4. Other applicable regulations.

• B. Process.

The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person to whom the permit was issued, that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to Subd. 2. of this Section. The Zoning

Administrator shall provide the responsible person to whom the permit was issued a copy of the proceedings and findings of the Planning Commission and City Council.

Subd. 6. Amendments.

• A. Holders of a conditional use permit may propose amendments to the permit at any time, following the procedures for a new permit as set forth in this Section.

• B. No changes in the circumstances or scope of the permitted use shall be undertaken without approval of those changes by the City Council.

  • C. Significant Changes. Following the procedures for hearing and review set forth in this Section the Planning Commission may make a recommendation and the City Council shall take action on significant changes and modifications to conditional use permits, including the application of additional or revised conditions. The Zoning Administrator shall determine what constitutes significant change. Significant changes include, but are not limited to:

    1. Hours of operation.

    2. Number of employees.

    3. Expansion of structures and/or premises.

    4. Operational modifications resulting in increased external activities and traffic.

  • D. Minor Changes. Minor changes to the conditional use permit, which do not include significant changes, shall require City Council action only.

• (Ord. 275, passed 02-28-13)

Subd. 7. Expiration.

• A. Unless otherwise specified by the Zoning Administrator or City Council at time of approval, permit approval shall expire within one year of the date of approval unless the applicant commences the authorized use. Prior to the expiration, the applicant may apply for a time extension of up to one year.

• B. The request for extension shall be submitted to the Zoning Administrator not less than 30 days before the expiration of said approval and shall include the renewal fee as set forth in the City Code and state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

• C. In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the Zoning Administrator or the City Council, as applicable, shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

Subd. 8. Performance Agreement and Financial Guarantee. Following the approval of a

conditional use permit and prior to the issuing of any building permits or the commencing of any work, the applicant, as may be applicable, shall guarantee to the City the completion of all private

exterior amenities as shown on the approved site plan and as required by the conditional use permit approval. The guarantee shall be made by means of a performance agreement and financial guarantee as specified in Section 1070.050, Subd. 9.

Subd. 9. Certification of Taxes Paid. Prior to approving an application for a conditional use permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the conditional use permit application relates.

1070.030: - INTERIM USES

Subd. 1. Purpose and Intent. The purpose and intent of allowing interim uses is:

• A. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.

• B. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.

• C. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

Subd. 2. Procedure. Uses defined as interim uses, which do not presently exist within a respective zoning district, shall be processed according to the standards and procedures for a conditional use permit as established by Section 1070.020 of this Chapter.

Subd. 3. General Standards. An interim use shall comply with the following:

• A. Meet the requirements of a conditional use permit set forth in Section 1070.020, Subd. 3.

• B. The use is allowed as an interim use in the respective zoning district.

• C. The date or event that will terminate the use can be identified with certainty.

• D. The use will not impose additional unreasonable costs on the public.

• E. The user agrees to any conditions that the City Council deems appropriate for permission of the use.

Subd. 4. Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:

• A. The date stated in the permit.

• B. Upon violation of conditions under which the permit was issued.

• C. Upon a change in the City's zoning regulations which render the use nonconforming.

• D. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.

Subd. 5. Certification of Taxes Paid. Prior to approving an application for an interim use permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the interim use permit application relates.

1070.040: - VARIANCES

Subd. 1. Purpose. The purpose of this Section is to provide for deviations from the literal provisions of this Chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Chapter.

Subd. 2. Board Designation.

• A. The City Council shall act as the Board of Adjustment and Appeals ("the Board").

• B. The City Council shall not approve any variance application unless they find failure to grant the variance will result in practical difficulties on the applicant, as defined by Minnesota Statute 462.357. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The burden of proof is on the applicant to show that all of the following criteria have been met:

  1. That there are practical difficulties in complying with the Zoning Ordinance.

  2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner.

  3. That the granting of the variation will not alter the essential character of the locality.

  4. The proposed variance would be in harmony with the general purposes and intent of the Ordinance.

5. The variance is consistent with the Comprehensive Plan.

   6. The City may impose conditions on the variance to address the impact of the variance.

Subd. 3. Procedures.

• A. An application for a variance shall be approved or denied pursuant to Minnesota Statutes 462.358. Additional City requirements are as follows:

• B. Application Process.

  1. Requests for a variance shall be filed with the Zoning Administrator on an official application form. A non-refundable fee as set forth by the City Code shall accompany such application. The application shall be considered as being officially submitted complete when the applicant has complied with all the specified informational requirements, which shall include the following:

     • a. A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in this Section.

     • b. Supporting materials, as outlined in this Section and as determined by the Zoning Administrator on a case-by-case basis.

  2. The Zoning Administrator shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter.

• C. Approval Process.

  1. Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall establish a time and place for consideration by the Planning Commission. At least 10 days before the date of the meeting, a written notice of the meeting shall be mailed to the applicant and to all other owners of property located within 350 feet of the boundaries of the subject property.

  2. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter.

  3. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Planning Commission.

  4. The Board of Adjustment and Zoning Administrator shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter.

  5. The applicant or a representative thereof may appear before the Planning Commission in order to present and answer questions concerning the proposed request.

  6. The Planning Commission shall make findings of fact and make a recommendation on such actions or conditions relating to the request, as they deem necessary to carry out the purpose of this Chapter. Such recommendations shall be in writing and accompanied by

the report and recommendation of the City staff.

7. The City Council (as the Board of Appeals and Adjustments) shall not act upon the request until they have received a report and recommendation from the Planning Commission and the City staff.

8. Upon receiving said reports and recommendations the City Administrator shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the Commission meeting.

9. Upon receiving said reports and recommendations the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition they considered necessary to protect the public health, safety and welfare.

10. Approval of a request shall require passage by a majority vote of the entire City Council.

11. In granting any variance under the provisions of this Section, the City Council shall designate such conditions in connection with the request that will, in its opinion, secure the objectives of the regulations or provisions to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare.

12. In all cases where variances are granted under the provisions of this Section, the City Council shall require such evidence and guarantee, as it may deem necessary to insure compliance with the conditions designated in connection with the request.

13. The Zoning Administrator shall serve a copy of the final order of the City Council upon the petitioner by mail.

14. Whenever an application for a variance has been considered and denied, a similar application for a variance affecting substantially the same property shall not be considered again by the City Council for at least 6 months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the City Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by a majority vote of the full City Council.

Subd. 4. Appeal of Board Ruling. Any person or persons, any private or public to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be from time to time amended, supplemented or replaced.

Subd. 5. Expiration. Unless otherwise specified by the Zoning Administrator or City Council at the time of approval, approved variances shall expire, within one year after the date of approval unless the applicant has commenced the authorized use or improvement. Prior to the expiration, the applicant may apply for a time extension of up to one year.

The request for extension shall include the renewal fee as set forth in the City Code and be submitted to the Zoning Administrator not less than 30 days before the expiration and shall include the renewal fee as set forth in the City Code and state facts showing a good faith attempt to complete or utilize the approval permitted in the variance. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented for approval to the Board.

Subd. 6. Performance Agreement and Financial Guarantee. Following the approval of a variance and prior to the issuing of any building permits or the commencing of any work, the applicant, as may be applicable, shall guarantee to the City the completion of all private exterior amenities as shown on the approved site plan and as required by the variance approval. The guarantee shall be made by means of a performance agreement and financial guarantee as specified in Section 1070.050, Subd. 9.

Subd. 7. Certification of Taxes Paid. Prior to approving an application for a variance, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the variance application relates.

1070.050: - SITE PLAN

Subd. 1. Purpose. The purpose of this Section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this Chapter.

Subd. 2. Site Plan Approval. Site plan approval is required for all development, except the following:

• A. Agricultural uses and tree farms in the A and RR districts.

• B. Single family detached dwellings.

• C. Two family attached dwellings.

Subd. 3. Sketch Plan.

A.

Prior to filing a formal application, applicants may present a sketch plan to the Zoning Administrator. The plan shall be conceptual in nature but shall be drawn to scale and shall contain at a minimum the following:

  1. Location map showing the location within the City and more detailed locations on halfsection plat maps showing all perimeter property lines. 

  2. Aerial photograph of the area. 

  3. General location of all identified natural resources and wetland inventories on and abutting the premise. 

  4. General location of existing and proposed structures. 

  5. Tentative access, circulation and street arrangements, both public and private. 

  6. Amenities to be provided such as recreational areas, open space, walkways, parking, landscaping, etc. 

  7. A representative example of the style of structures to be constructed. 

  8. Proposed public sanitary sewer, water and storm drainage. 

  9. A general statement of concept, identifying the intent of the project and compatibility with the surrounding area. 

  10. Extent of and any proposed modifications to land within the Overlay Districts as described and regulated in Section 1050.

11. Any other items as may be deemed necessary by City staff.

• B. The Zoning Administrator shall refer the sketch plan to the City Council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the Zoning Administrator and/or City Council shall be considered advisory only and shall not constitute a binding decision on the request.

• C. Request for sketch plan review and comment shall be filed with the Zoning Administrator on an official application form.

• (Ord. 286, passed 9-25-14)

Subd. 4. Application Process. An application for site plan approval shall be approved or denied pursuant to Minnesota Statutes 15.99. Additional City requirements are as follows:

• A. Request for site plan approval. As provided within this Chapter, request for approval be filed with the Zoning Administrator on an official application form. A non-refundable fee as provided for in the City Code shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use, shall also accompany such application. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

• B. Proof of Ownership or Authorization. The applicant shall supply proof of ownership of the property for which the site plan approval is requested or supply written authorization from the owner(s) of the property in question to proceed with the requested site plan approval.

• C. Procedures.

  1. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Planning Commission and the City Council.

  2. The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this Chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

  3. The applicant or their representative may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.

  4. The Planning Commission shall recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this Chapter.

  5. The City Council shall not consider a site plan application until they have received a report and recommendation from the Planning Commission and City staff.

6. Upon receiving the report and recommendation of the Planning Commission, the City Administrator shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.

   7. The applicant or their representative may appear before the City Council in order to present information and answer questions concerning the proposed request.

   8. Approval of a request shall require passage by a majority vote of the entire City Council.

Subd. 5. Evaluation Criteria. The Planning Commission and City Council shall evaluate the effects of the proposed site plans. This review shall be based upon, but not be limited to, compliance with the City Comprehensive Plan and provisions of the Zoning Ordinance.

Subd. 6. Information Requirement. Every application must contain the following written and graphic materials in the number and size as required by the Zoning Administrator:

• A. The applicant shall submit electronic files in a manner specified by the City. The applicant may appeal directly to the City Council for a waiver of this requirement for applications for a single family home. No waiver shall be granted under this subsection unless the Council finds that

the applicant and his surveyor do not have ready, economical access to the technology required to comply with the filing requirement.

• B. Location, address (if assigned), legal description, and Hennepin County property identification number (P.I.N.) of the parcel.

• C. Site Plan

  1. Name and address of developer/owner.

  2. Name, address and Minnesota registration number of architect/designer/engineer.

  3. Date of plan preparation.

  4. Dates and description of all revisions.

  5. Name of project or development.

  6. Scale of plan (engineering scale only, at one inch equals 50 feet or less). All plan sheets shall be prepared using the same scale.

  7. North point indication.

  8. Site data computations including lot dimension, area, and building coverage percentage.

  9. Required and proposed setbacks.

  10. Location, setback and dimension of all buildings on the lot including both existing and proposed structures.

  11. Total number of proposed dwelling units, if any.

  12. Location of all adjacent buildings, improvements and natural resources located within 100 feet of the exterior boundaries of the property in question.

  13. Adjacent roadway widths.

  14. Location, number, and dimensions of existing and proposed parking spaces.

  15. Location, number, and dimensions of existing and proposed loading spaces.

  16. Curb cuts, driveways.

  17. Vehicular circulation.

  18. Sidewalks, walkways.

  19. Site lighting plan.

  20. Sign Plan.

  21. Location of recreational and service areas.

  22. Location of rooftop equipment and proposed screening.

  23. Provisions for storage and disposal of waste, garbage, and recyclables.

  24. Existing and proposed utility easements and fire hydrants.

Location, sizing, and type of water and sewer system mains and proposed service connections.

• D. Grading/Storm Water Drainage Plan

  1. Existing contours at 2-foot intervals.

  2. Proposed grade elevations, 2-foot maximum intervals.

  3. Drainage plan including configuration of drainage areas and calculations.

  4. Impervious surface area calculation.

  5. Storm sewer, catch basins, invert elevations, type of castings, and type of materials.

  6. Spot elevations.

  7. Proposed driveway grades.

  8. Surface water ponding and treatment areas.

  9. Erosion control measures.

  10. Location of proposed street lights, as well as utilities, including electricity, gas, telephone, and CATV.

• E. Landscape Plan

  1. Planting Schedule (table) containing:

     • a. Symbols.

     • b. Quantities.

     • c. Common names.

     • d. Botanical names.

     • e. Sizes of plant material.

     • f. Root specification (bare root, balled and burlapped, potted, etc.).

     • g. Special planting instructions.

  2. Location, type and size of all existing significant trees to be removed or preserved.

  3. Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).

  4. Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.

  5. Typical sections of landscape islands and planter beds with identification of materials used.

  6. Details of planting beds and foundation plantings.

  7. Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.

  8. Delineation of both sodded and seeded areas with respective areas in square feet.

  9. Coverage plan for underground irrigation system, if any.

  10. Where landscape or man-made materials are used to provide screening from adjacent and neighboring properties, a cross-through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.

  11. Other existing or proposed conditions which could be expected to affect landscaping.

• F. Other Plans and Information

  1. Proof of ownership of the land for which site plan approval has been requested.

  2. Current Survey (within one year of application date).

  3. Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).

  4. "Typical" floor plan and "typical" room plan.

  5. Fire Protection Plan.

  6. Extent of and any proposed modifications to land within the Wetland, Shoreland or Floodplain District as described and regulated in Sections 1050.010, 1050.020, and 1050.030.

  7. Type, location and size (area and height) of all signs to be erected upon the property in question.

  8. Certification that all property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the application relates have been paid.

  9. Sound source control plan.

Subd. 7. Plan Modifications.

• A. Minor Changes.

  1. Qualifications:

     • a. Structural additions involving 10 percent or less of the total existing floor area.

• b. Site expansions or modifications involving 10 percent or less of the total existing site area.

  2. Proposed minor changes which meet all Ordinance requirements may be approved by the Zoning Administrator prior to a building permit being issued and shall not require Planning Commission or City Council review, subject to the following:

     • a. This Section shall apply to developments on file that have City Council approved site plans.

     • b. Compliance with all Ordinance requirements, which shall be construed to include all adopted policies and codes.

c.

Any variances from Ordinance and policy requirements shall require the plan to be subject to the established review and hearing procedures for plan and variance approval.

  - d. Plans submitted for minor changes under the terms of this Section shall be the same as those required for site plan approval by the Zoning Administrator. 

  - e. Minor changes approved by the City shall be placed on file with the City Council approved plans. 

• B. Major Changes.

  1. Plans not qualifying as minor shall be classified as major.

  2. An amended site plan involving major changes shall be applied for and administered in a manner similar to that required for a new site plan.

Subd. 8. Expiration.

• A. Unless otherwise specified by the Zoning Administrator or City Council at time of approval, permit approval shall expire within one year of the date of approval unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. Prior to the expiration, the applicant may apply for a time extension of up to one year.

• B. The request for extension shall submitted to the Zoning Administrator not less than 30 days before the expiration of said approval and shall include the renewal fee as set forth in the City Code and state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

• C. In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the Zoning Administrator or the City Council, as applicable, shall consider such factors as the type, design, and size of the proposed construction, restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

Subd. 9. Performance Agreement and Financial Guarantee. Following the approval of a site plan and before issuance of a building permit, the applicant, shall guarantee to the City the completion of all private exterior amenities as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a performance agreement as provided below:

A. Performance Agreement.

1. The applicant shall execute the site improvement performance agreement on forms provided by the City. The agreement shall be approved as to form and content by the City Attorney and shall define the required work and reflect the terms of this Section as to the required guarantee for the performance of the work by the applicant.

2. The required work includes, but is not limited to, private exterior amenities such as landscaping, private driveways, parking areas, recreational fields, structures or buildings, signage, lighting, drainage systems, water quality ponds, wetland mitigation, wetland buffers, erosion control, curbing, fences and screening, and other similar facilities.

• B. Financial Guarantee.

  1. Financial guarantees acceptable to the City include cash escrow or an Irrevocable Letter of Credit.

  2. The financial guarantee shall be for 100 percent of the estimated costs of improvements, as approved by the City Engineer.

  3. The term of the financial guarantee shall be for the life of the site improvement performance agreement. It shall be the responsibility of the applicant to insure that a submitted financial guarantee shall continue in full force and effect until the Zoning Administrator shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this Section.

  4. The applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements which comprise the work.

• C. The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide a means to the City to cure a default or reimburse the City the cost of enforcement measures. As various portions of such required work are completed by the applicant and approved by the City, the Zoning Administrator may release such portion of the financial guarantee as is attributable to such completed work. Landscaping improvements shall not be deemed complete until the City has verified survivability of all required plantings through one winter season which is defined for the purpose of this Section as the period of October 31 through April 30.

• D. The applicant shall notify the City in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the Zoning Administrator shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the average standards for the particular industry, profession, or material used in the

riting when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the Zoning Administrator shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the average standards for the particular industry, profession, or material used in the

performance of the work. Any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of all landscape improvements, a notice of the date of actual completion shall be given to the applicant and appropriate action, to release or to reduce the amount of the financial guarantee shall be taken by the Zoning Administrator.

Subd. 10. Minnesota State Building Code. The review and approval of site improvements pursuant to the requirements of City adopted building and fire codes shall be in addition to the site plan review process established under this Section. The site plan approval process does not imply compliance with the requirements of these building and fire codes.

Subd. 11. Plan Agreements. All site and construction plans officially submitted to the City shall be treated as a formal agreement between the building contractor and the City. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the Zoning Administrator for review and approval.

Subd. 12. Enforcement. The Zoning Administrator shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this Section has been officially documented.

Subd. 13. Certification of Taxes Paid. Prior to approval of an application for a site plan, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the site plan application relates.

1070.060: - ADMINISTRATIVE PERMITS AND APPROVALS

Subd. 1. Purpose. The purpose of this Section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit, and of matters requiring the approval of the Zoning Administrator with the goal of protecting the health, safety, and welfare of the citizens of the City.

Subd. 2. Administrative Permits.

A. Procedures

1. Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on an official application form.

2. A non-refundable fee as set forth by the City Code shall accompany the application.

The Zoning Administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Chapter.

4. The Zoning Administrator shall make a determination of approval or denial of the administrative permit pursuant to Minnesota Statutes 15.99.

5. A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Chapter may be attached to the permit.

6. Determination of non-compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the application for the permit shall be considered denied; unless, within 10 days of the date of such notice, the applicant submits revised plans and/or information with which the Zoning Administrator is able to determine compliance.

7. Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by Section 1070.090 of this Chapter.

Subd. 3. Evaluation Criteria. The Zoning Administrator shall consider possible adverse effects of the proposed events or activity. Judgment shall be based upon (but not limited to) the following factors:

• A. Compliance with and effect upon the Comprehensive Plan and public facilities plans.

• B. The establishment, maintenance or operation of the use, event, or activity will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.

• C. The use, event, or activity will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

• D. The establishment of the use, event, or activity will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

• E. Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event, or activity which is proposed.

• F. The use, event, or activity shall, in all other respects, conform to the applicable regulations of the district in which it is located.

• G. The use, event, or activity and site conform to the performance standards as outlined in Section 1060 and all other applicable provisions of this Chapter.

Subd. 4. Information Requirements. The information required for all administrative permit applications shall include:

• A. A concise statement describing the proposed use, event or activity, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on-site security, provisions for on-site parking, and other pertinent information required by the Zoning Administrator to fully evaluate the application.

• B. A copy of the approved site plan for the property or an "as built" survey which accurately represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs.

• C. An accurate floor plan, when in the judgment of the Zoning Administrator, such a plan is necessary to properly evaluate the location of the event and the effectiveness of available entrances and exits.

• D. A copy of the current sales tax certificate issued by the State of Minnesota, if applicable.

• E. Information identified in Section 1070.050, as may be applicable.

Subd. 5. Performance Standards. All uses, events or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed.

Subd. 6. Administration and Enforcement.

• A. The Zoning Administrator shall keep a record of applications and administrative permits.

• B. A copy of all administrative permits issued shall be forwarded to appropriate staff as determined by the Zoning Administrator.

• C. Enforcement of the provisions of this paragraph shall be in accordance with Section 1080. Violation of an issued permit or of the provisions of this Section also shall be grounds for denial of future permit applications.

Subd. 7. Certification of Taxes Paid. Prior to approving an application for an administrative permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the administrative permit application relates.

Subd. 8. Non-Permit Approvals. In cases where the Zoning Administrator is given approval authority without a requirement for an administrative permit, determinations shall be based upon the criteria outlined in Subd. 2. of this Section.

1070.065: - CERTIFICATE OF COMPLIANCE

Subd. 1. Purpose. The purpose of this Section is to establish regulations and procedures for the processing Certificates of Compliance and of matters requiring the approval of the Zoning Administrator with the goal of protecting the health, safety, and welfare of the citizens of the City.

Subd. 2. Certificate of Compliance.

• A. Procedures

  1. Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on an official application form.

  2. A non-refundable fee as set forth by the City Code shall accompany the application.

  3. The Zoning Administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Chapter.

  4. The Zoning Administrator shall make a determination of approval or denial of the certificate of compliance permit pursuant to Minnesota Statutes 15.99 as may be amended.

  5. A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Chapter may be attached to the permit.

6. Determination of non-compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the application for the permit shall be considered denied; unless, within 10 days of the date of such notice, the applicant submits revised plans and/or information with which the Zoning Administrator is able to determine compliance.

   7. Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by Section 1070.090 of this Chapter.

Subd. 3. Evaluation Criteria. The Zoning Administrator shall consider possible adverse effects of the proposed events or activity. Judgment shall be based upon (but not limited to) the following factors:

• A. Compliance with and effect upon the Comprehensive Plan and public facilities plans.

• B. Compliance with all City Code requirements.

• C. The establishment, maintenance or operation of the use, event, or activity will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.

D.

The use, event, or activity will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

• E. The establishment of the use, event, or activity will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

• F. Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event, or activity which is proposed.

• G. The use, event, or activity shall, in all other respects, conform to the applicable regulations of the district in which it is located.

• H. The use, event, or activity and site conform to the performance standards as outlined in Section 1060 and all other applicable provisions of this Chapter.

Subd. 4. Information Requirements. The information required for all administrative permit applications shall include:

• A. A concise statement describing the proposed structure, use, event or activity, including any pertinent information required by the Zoning Administrator to fully evaluate the application.

• B. A copy of the approved site plan for the property or a survey which accurately represents existing conditions on the site and which accurately indicates the proposed changes.

• C. An accurate floor plan, when in the judgment of the Zoning Administrator, such a plan is necessary to properly evaluate the application.

• D. Information identified in Section 1070.050, as may be applicable.

Subd. 5. Administration and Enforcement.

• A. The Zoning Administrator shall keep a record of applications and certificates.

• B. A copy of all certificates of compliance issued shall be forwarded to appropriate staff as determined by the Zoning Administrator.

• C. Enforcement of the provisions of this paragraph shall be in accordance with Section 1080. Violation of an issued permit or of the provisions of this Section also shall be grounds for denial of future permit applications.

Subd. 6. Certification of Taxes Paid. Prior to approving an application for an certificate of compliance, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the certificate of compliance application relates.

1070.070: - DEVELOPMENT RIGHTS MAP

Subd. 1. Purpose. The Development Rights Map reflects the number of development rights remaining on properties zoned Urban Reserve, Rural Residential, Rural Commercial, and Transitional Rural Commercial. It is intended to show the maximum number of residential and nonresidential lots that may be developed per individual property.

Subd. 2. Non-Transferable. Development rights cannot be transferred, except as allowed by Section 940.050, Subd. 1(8)(5) as part of an Open Space & Preservation Plat. Development rights can be reassigned as part of a lot consolidation, lot line adjustment, or subdivision application.

Subd. 3. Maintenance. The number of development rights shown on the map shall be revised to reflect the number of remaining development rights on property following subdivision of the land. It shall be the duty of the Zoning Administrator to maintain the map as required.

Subd. 4. Appeals. Should an objection to the number of development rights remaining on a particular property arise, the property owner may file an appeal to be heard by the City Council. All appeals should be submitted in writing to the Zoning Administrator and should state the calculation error or provide evidence of a record keeping error justifying the objection. The Council may decide the matter at any regularly scheduled meeting. A property owner may only file a second appeal for the same property if the justification has changed.

1070.080: - FEES

Subd. 1. Administrative fees shall be charged to the applicant based on the fee schedule adopted by City Council resolution.

Subd. 2. In addition to the application fees set by the City Council, the applicant shall provide an escrow and agree to pay the total cost of staff and consultant time spent exclusively in reviewing and researching the application and presenting requests to the Planning Commission and City Council.

Subd. 3. Fees shall be payable at the time applications are filed with the City and are not refundable unless the application is withdrawn prior to Planning Commission review.

Subd. 4. Any escrow not spent on application review shall be refunded to the applicant after the review and administrative process is completed.

Subd. 5. The applicant is responsible for all costs associated with the proposed application. If the required escrow accounts are delinquent, the City may approve a special assessment against the property, pursuant to the process outlined in Minnesota Statutes §429.061.

1070.090: - APPEALS

Subd. 1. Board Designation. The City Council shall serve as the Board of Adjustments and Appeals.

Subd. 2. Applicability. An appeal shall only be applicable to an interpretation of legislative intent of provisions of this Chapter. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure.

Subd. 3. Filing. An appeal from the ruling of an administrative officer of the City shall be filed by the property owner or their agent with the Zoning Administrator within 30 days after the making of the order being appealed.

Subd. 4. Stay of Proceedings. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment and Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such case, the proceedings shall not be stayed other than by a restraining order which may be granted by a court of record on application, and upon subsequent notice to the City.

Subd. 5. Procedure. The procedure for making such an appeal shall be as follows:

• A. The property owner or their agent shall file with the Zoning Administrator a notice of appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee set forth in the City Code.

• B. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustment and Appeals.

• C. The Board of Adjustment and Appeals shall make its decision by resolution.

• D. The Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by mail.

Subd. 6. Appeals from the Board of Adjustment and Appeals. Any person or persons, any private or public board, or taxpayer of the City aggrieved by any decision of the Board of Adjustment and Appeals shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be from time to time amended, supplemented or replaced.

(Ord. 266, passed 12-19-11, Ord. 378, passed 09-13-18, Ord. 532, passed 08-22-2024)

SECTION 1080: - ENFORCEMENT PROVISIONS

Subd. 1. Process. This Chapter shall be administered and enforced by the Zoning Administrator who is appointed by the City Administrator. The Zoning Administrator may institute in the name of the City of Corcoran any appropriate actions or proceedings against a violator as provided by statute, charter, or ordinance. The Zoning Administrator's duties shall include, but not be limited to, the following:

• A. Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this Chapter.

• B. Notify, in writing, any person responsible for violating a provision of this Chapter, indicating the nature of the violation and ordering the action necessary to correct it.

• C. Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions or alterations; order discontinuance of illegal work being done; or take any other action authorized by this Chapter to insure compliance with or to prevent violation of its provisions, including cooperation with the City Attorney in the prosecution of complaints.

• D. Maintain permanent and current records of the Zoning Ordinance, including all maps, amendments, conditional uses and variances.

• E. Maintain a current file of all permits, all certificates and all copies of notices of violation, discontinuance, or removal for such time as necessary to insure a continuous compliance with the provisions of this Chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property.

• F. Provide clerical and technical assistance to the Planning Commission and Board of Zoning Adjustments and Appeals.

• G. Receive, file and forward as applicable to the Board of Adjustment, Planning Commission, or City Council all applications for conditional use permits, variances, amendments or development plans as required herein.

• H. Maintain the Development Rights Map.

Subd. 2. Violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure or land is used in violation of this Chapter, the Zoning Administrator, in addition to other remedies, may institute any proper criminal action or proceedings in the name of the City of Corcoran. Therefore, the Zoning Administrator shall hereby have the powers of a police officer to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain or correct such violations, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about said premises.

Subd. 3. Penalties. Any person who violates a provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, may be punished as allowed by State Statute and as identified in Section 10.19 (B) of the City Code. Each act of violation and every day on which a violation occurs or continues is a separate violation.

Subd. 4. Recover Costs Charged to the City.

• A. Purpose. In instances in which watershed management commissions, other water authorities, and other regulatory agencies seek recovery of costs from the City of Corcoran, the City of Corcoran desires to recover any such costs which are charged to the City from the responsible property owner or the property owner's designated responsible agent or representative via a special assessment against the property in question.

in which watershed management commissions, other water authorities, and other regulatory agencies seek recovery of costs from the City of Corcoran, the City of Corcoran desires to recover any such costs which are charged to the City from the responsible property owner or the property owner's designated responsible agent or representative via a special assessment against the property in question.

• B. Special Assessment of Costs Charged to the City Which Are Attributed to Non-Payment on the Part of a Property Owner. The City of Corcoran shall maintain the right to recover from the responsible property owner or that owner's designated responsible agent or representative those costs charged to the City by watershed management commissions, other water authorities, and other regulatory agencies. To recover these costs, the City may approve a special assessment against the property, pursuant to the process outlined in Minnesota Statute §429.061.

• (Ord. 301, passed 04-23-15)