Mazeppa Land Management Ordinance 2021

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• Last Revised 10.06.2021 – Tracked Changes only show for edits since 08.04.2021

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ARTICLE I: GENERAL GOVERNMENT PROVISIONS

Section 1. TITLE.

This ordinance shall be known and may be referred to as the “Revised Land Management Ordinance of the City of Mazeppa, Minnesota”.

Section 2. INTENT AND PURPOSE.

It should be known that the process of dividing raw land into separate parcels for other uses including residential, industrial and commercial sites, is one of the most important factors in the growth of any community. Once the land has been subdivided and the streets, homes and other structures have been constructed, the basic character of this permanent addition to the community has become firmly established. It is therefore, to the interest of the general public, the developer, and the future landowners that subdivisions be conceived, designed, and developed in accordance with the highest possible standards of excellence. All subdivisions of land hereafter submitted for approval shall fully comply, in all respects, with the regulations set forth herein. It is the purpose of these regulations to:

• To implement the policies of the City of Mazeppa,
• Protect and promote the public health, safety, morals, and general welfare,
• Provide for the health and safety of residents by requiring the necessary services such as properly designed streets and adequate sewage and water service, and
• Provide for orderly growth.

Section 3. INTERPRETATION OF STANDARDS.

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements. Where this ordinance imposes a greater restriction than is imposed, or required by other provisions of law, or by other rules or regulations or ordinances, the provisions of this ordinance shall control. Where the requirements of any other ordinance of the City of Mazeppa are more stringent or restrictive than the requirements set forth herein, nothing herein shall be construed to waive compliance with the provisions of such other ordinance.

Section 4. VALIDITY.

This ordinance and the various articles and sections thereof are hereby declared to be severable. If any article, section, subsection, paragraph, sentence, or phrase of this ordinance is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby.

Section 5. COMPLIANCE.

Except as hereinafter specified, no building or structure shall be erected, converted, enlarged, reconstructed, moved, or structurally altered, nor shall any building or land be used or subdivided which does not comply with all of the applicable provisions established by this ordinance.

Section 6. ENFORCEMENT.

This ordinance shall be enforced by the City Council of Mazeppa, Minnesota, as set forth herein.

Section 7. JURISDICTION.

This Revised Land Management Ordinance shall apply to all lands as defined herein, located within the corporate limits of Mazeppa.

Section 8. RESERVATIONS AND APPEALS.

Upon the adoption of this ordinance according to law, any previous zoning or subdivision regulations of the City of Mazeppa, as amended, are hereby repealed except as to such sections expressly retained herein.

Section 9. ISSUANCE OF BUILDING PERMITS PROHIBITED.

No building permit shall be issued for any construction, enlargement, alteration or repair, demolition or moving of any building or structure on any lot or parcel until all the requirements of these regulations have been fully met.

Section 10. SUBDIVISION.

Any division creating parcels, tracts or lots after the adoption of these regulations shall be platted or subject to the Lot Line adjustment or Minor Subdivision procedures herein.

Section 11. PRECEDENT.

Any mistake or oversight on behalf of the City Council, Planning Commission, and/or City Staff in review, approval, or enforcement of these regulations does not constitute a defacto new precedent. Any change in these regulations must follow the established process in Article III.

Section 12. ENFORCEMENT.

Any person or corporation, including the owner or tenant of any building, structure, premises, or part thereof and any architect, builder, contractor agent, or other person who commits, participates in, assists in, or maintains such violation, who violates any of the provisions of these regulations, or who sells, leases or offers for sale or lease any lot, block or tract of land herewith regulated comply with all the requirements of these regulations, shall be guilty of a misdemeanor, and upon conviction thereof be subject to fine and/or imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense. Violations not acted upon with set timelines shall constitute an additional offense.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, a person may file a complaint. Such complaint, stating the causes and basis thereof, shall be filed with the City Clerk or City Council. Immediate investigation and action shall be taken as provided by this ordinance.

Violators shall pay all costs and expenses involved in the case, including, but not limited to, attorney’s fees necessitated in the prosecution of the case each day such violation continues shall be considered a separate offense.

Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

Section 13. EFFECTIVE DATE.

The effective date of this document shall be November 1, 2021. The “Land Management Ordinance of the City of Mazeppa, Minnesota” ceases at the moment the “Revised Land Management Ordinance of the City of Mazeppa, Minnesota” is effective.

ARTICLE II: DEFINITIONS

For the purposes of this ordinance, certain terms or words used herein shall be interpreted as follows, or if there are any terms or words not contained herein that described the applicable physical characteristic or condition that prevails, then the definition or abbreviations contained in the current Uniform Building Code as published shall prevail. Words used in the present tense include the past and future tense; the singular number includes the plural and the plural includes the singular; the word “shall” is mandatory, and the words “should” and “may” are permissive. In the event of conflicting provisions in the rest of these regulations, the more restrictive shall apply.

Accessory Structure or Building. A subordinate structure or building on the same lot which is incidental and subordinate to the principal use of the primary or main building.

Agriculture Building. A building located on agricultural property and used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public.

Agriculture Property. The use of land for the growing and/or production of field crops, livestock, and livestock products.

Alley. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

Alley, Maintained. Alley used on a regular basis for through traffic with upkeep provided by the City of Mazeppa.

Alter or Alteration. Any change, addition, or modification in construction or occupancy.

Applicant. The landowner proposing change of land use or his representative, according to this ordinance. Consent shall be required from the legal owner of the premises.

Basement. A story partly underground, but having at least one-half (1/2) of its height above the average level of the adjoining ground. A basement shall be counted as a story if used or intended to be used for dwelling or business purposes. No structure which consists solely of a basement shall, be used as a dwelling.

Block. Any combination of land ownership bounded by streets, roads, or highways or a combination thereof or by a combination of streets, roads, or highways and public parks, cemeteries, railroad right-of-ways, streams, lakes, or similar man-made or natural physical barriers.

Board of Adjustments. A five member governmental Board appointed by the City Council according to MSA 462.354, Subd. 2. The purpose of this board is to act upon appeals regarding the Mazeppa Revised Land Management Ordinance.

Bond. Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the governing body. All bonds shall be approved by the governing body whenever a bond is required by these regulations.

Buildable Area. The portion of a lot remaining after required yards have been provided.

Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

Building Official. The officer charged with the administration and enforcement of this ordinance or his regularly authorized deputy.

Cellar. A portion of a structure having one-half (1/2) or more of its height below the average level of the adjoining ground. A cellar shall not be counted as a story for purposes of height measurement. No structure which consists solely of a cellar shall be, for any period of time, used as a dwelling.

City Council. Governing body of the City of Mazeppa.

Comprehensive Plan (Master Plan). “Comprehensive Municipal Plan” means a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the municipality and its environs and may include, but is not limited to, the following statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution. A comprehensive plan represents the city’s recommendations for the future development of the municipality.

Condominium. A multiple dwelling containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling is subject to applicable provisions of Minnesota State Statute, Chapter 515A, commonly known as the Uniform Condominium Act.

Construction Plan. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.

Cross Walkways. A right-of-way or easement dedicated to public use which cuts across or into a block to facilitate pedestrian access to adjacent streets and properties.

Cul-de-sac (court). A short street having one end open to traffic and being permanently terminated by a circular turn-around for vehicles.

Developer. The owner of land proposed to be subdivided, or his representative. Consent shall be required from the legal owner of the premises.

Development. The act of building structures and installing site improvements.

Dwelling Unit. One or more rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental, or lease on weekly, monthly, or longer basis and physically separate from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.

Dwelling Unit, Multi-family. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling Unit, Single-family. A detached residential dwelling unit including, but not limited to, stick built housing, manufactured housing complying with Minnesota statutes §327.3l to §327.36, and mobile homes complying with Minnesota Statutes §327.3l to §327.36, designed for and occupied by one family only. All single family dwelling units must meet the requirements of Article IV §12.

Dwelling Unit, Two Family. A residential building containing two dwelling units, designed for occupancy by not more than two families.

Easement. A grant by the property owner of the use of a designated portion of land by the public, individuals, groups, or corporations for specific purposes.

Escrow. A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be deposited by the Mazeppa City Clerk in a separate account.

Existing Building or Structure. A building erected prior to the adoption of this code, or one for which a legal building permit has been issued.

Family. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over five persons; but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.

Fences. A structure dividing pieces of property that may or may not be on adjoining property lines.

Filling Station. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations.

Footing. That portion of the foundation of a structure that spreads and transmits loads directly to the soil or the piles.

Frontage. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; but it shall not be considered as the ordinary side of a corner lot.

Garage. A building or portion thereof in which a motorized vehicle or equipment containing gasoline, distillate, or other volatile, flammable liquid in its tank, is stored, repaired.

Garage, Private. A building attached or detached to the primary building used by the owner or tenant for the storage of motorized vehicles or equipment.

Garage, Commercial. A building that provides for motorized vehicle and equipment storage, mechanical repair, and bodywork.

Governing Body. The City Council of Mazeppa.

Grade. The slope of a road, street, or other public way, specified in percentage (%) terms.

Ground Floor. First floor entirely above grade.

Height of Building. The vertical distance from the “grade” to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

Home Occupation. Any gainful occupation or profession carried on in a dwelling unit by the resident thereof; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof.

Improvements. See Lot Improvements or Public Improvements.

Inspection. A procedure of determining the location of buildings and structures and the general construction or erection utilized to meet the intent of this ordinance.

Loading Space, Off-Street. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in figuring of required off-street parking space.

Lot. For purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an approved public street, or on an approved private street and may consist of, a single lot of record; a portion of a lot of record; a combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record, a parcel of land described by metes and bounds. In no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance.

Lot, Corner. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees. In the case of corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of a half same depth required generally for front yards in the district shall be provided on the other frontage. In the case of corner lots with more than two frontages, the zoning administrator shall determine the front yard requirements, subject to the following limitations. At least one front yard shall be provided having the full depth required generally in the district; no other front yard on such lot shall have less than half the full depth required generally.

Lot, Double Frontage. Lots that have a front line abutting on one street and a back or rear, line abutting on another street.

Lot, Interior. A lot which is located between two other lots.

Lot, Through. A lot situated such that any two of its opposite sides are adjacent to streets. On a through lot, both yards with street frontage shall be deemed front yards. Where one of the yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the zoning administrator may waive the requirement for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

Lot, Reverse Corner. A corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear. In the case of reverse frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.

Lot Improvement. Any building, structure, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.

Lot Measurement. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent (80%) of the required lot width, except in the case of lots on the turning circle of cul-de-sacs, where the 80% requirement shall not apply.

Lot of Record. A platted lot or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Manufactured Home. A structure, transportable in one or more sections, which in the transport-able mode is 14 body feet or more in width or 36 body feet or more in length, or, when erected on site, 504 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under Chapter 327 of Minnesota statutes.

Manufactured Home Park. Any site, lot, field, or tract of land upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home park.

Manufactured Home Park Space or Manufactured Home Park Lot. A parcel of ground within a manufactured home park designed for the accommodation of one manufactured home.

Metes and Bounds Description. A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearing and distances of the lines forming the boundaries of the property or delineates a fractional portion of a section, lot or area by describing lines or portions thereof. Metes and Bounds Descriptions must be prepared by a state-licensed land surveyor.

Minimum Subdivision Design Standards. The guides, principles and specifications for the preparation of subdivision plats indicating, among other things, the minimum and maximum dimensions of the various elements set forth in the plan.

Modular Home. A non-mobile housing unit that is designed and fabricated in accordance with the Minnesota State Building Code Chapter 1350 and complies with the standards established under Minnesota Statutes 16B.75, to include plumbing, heating, air-conditioning, electrical systems at a central factory to be used as a permanent dwelling unit. The module is transported to a building site whereby the module is set upon a permanent foundation with the final installations being made to permanently affix the module to the building site.

Monument. Concrete and/or metal markers utilized to establish survey points and lot boundaries.

Municipal Attorney. The licensed attorney designated by the City of Mazeppa to furnish legal assistance for the administration of these regulations.

Municipal Engineer. The licensed engineer designated by the City of Mazeppa to furnish engineering assistance for the administration of these regulations.

Neighborhood. Real property situated wholly or partially within 350 feet of the real property in question.

Non-Conforming. That which fails to meet the requirements and intent of this ordinance. Also refer to Article IV, §§1, 2, and 3.

Nonresidential Subdivision. A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.

Official Map. A map of the municipality and/or any portion thereof lying within the incorporated limits, which shows the exact alignment, gradients, dimensions, and other pertinent data for highways and major streets, and including specific controls for setbacks from the right-of-way of buildings or other physical structures or facilities.

Open Space. An area of land preserved from building development and reserved for the use of the general public or a homeowners’ association for the purpose of active and passive recreation and certain necessary community facilities.

Ordinance. Any legislative action, however denominated, of a local government which has the force of law including any amendment or repeal of any ordinance.

Outdoor Advertising Business. Provisions of outdoor displays or display space on a lease or rental basis only.

Owner. Any person, group or persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.

Park. Area of public land developed and maintained primarily as pleasurable landscaped areas provided for both active and passive recreational pursuits, including tot-lots, playgrounds’ neighborhood parks, play fields, and special purpose areas.

Parking Space, Off-Street. For the purpose of this ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

Plat. A drawing or map of a subdivision prepared for filing of record containing all elements and requirements set forth in applicable local regulations.

Plat, Final. All required maps, information, and documents as set forth in the subdivision regulations and as required by the City and containing all conditions imposed on the preliminary plat.

Plat, Preliminary. The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission and City Council for their consideration.

Planning Commission. A governmental agency appointed by the City Council according to MSA 462.351 through 462.363. Also referred to as Planning Agency and Planning and Zoning Commission.

Private Street. A street serving as vehicular access to one or more parcels of land which is not dedicated to the public but is owned by one or more private parties.

Protective Covenants. Contracts entered into between private parties and constituting a restriction on the use of all private property within a subdivision for the benefit of the property owners, and to provide mutual protection against undesirable aspects of development that would tend to impair stability of values.

Public Improvement. Any drainage ditch, roadway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance, operation, and/or ownership or which may affect an improvement for which local government responsibility is established.

Recreation Vehicle. A transportable overnight or short-term sleeping vehicle. The term includes, but is not necessarily limited to, travel trailer, pickup camper, fold-down camper, and mobilized camper.

Recreation Vehicle Park. An approved site, lot, field, or tract of land designed, maintained, or used for the purpose of supplying location and accommodations for recreation vehicles and including any building, structure, vehicle, or enclosure used or intended for use as part of the equipment of such park; unoccupied recreation vehicles which are parked for purposes of inspection and sale may be placed in a recreation vehicle park if they are incidental to the operation of said recreation vehicle park.

Recreation Vehicle Space or Lot. A parcel of ground within a recreation vehicle park designed for the accommodation of one recreation vehicle.

Repair. The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The work “repair” or “repairs” shall not apply to any structural or spatial modifications.

Resubdivision. A change in a map or an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

Right-of-Way. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term “right-of-way” for land-platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.

Right-of-Way Width. The distance between property lines measured at right angles to the center of the street.

Setbacks. Distance required from nearest point of wall of structure to property line.

Sign. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.

Signs, Number of. For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device-containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

Sign, Onsite. A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. Onsite signs do not include signs erected by the outdoor advertising industry in the conduct of outdoor advertising business.

Signs, Offsite. A sign other than an onsite sign.

Street, Arterial. An urban arterial is a four-lane street that provides service for intra-urban trips at a somewhat lower level of travel mobility than the expressway. The at-grade intersections should be fully or partially regulated by conditions for the arterial traffic. Direct private access onto the street will be permitted but regulated. Under certain circumstances, a frontage road may be needed. Additional right-of-way would be required for the frontage road.

Street, Collector. A street that serves local traffic and provides for direct private access to abutting land uses. This system channels the local traffic to and from the arterial system and is capable of serving a minimum of through traffic.

Street, Expressways. Expressways are divided roadways that are designed for through traffic and also to serve intra-urban travel between major centers of activity in the metropolitan area. The at-grade intersections are usually spaced at infrequent intervals and are fully or partially regulated by traffic control devices. No direct private access onto the street should be permitted so as to minimize the number of vehicle-vehicle conflicts. If no alternative forms of access are available and frontage roads are warranted, additional right-of-way will be required.

Street, Freeways. Freeways are designed for the safe and efficient movement of high volumes of through traffic at relatively high speeds. A standard design feature of a freeway is a divided roadway with full control of access by the use of ramps.

Street, Frontage. A frontage street (road) is adjacent to a major thoroughfare. Its primary function is to preserve the safety and capacity of the thoroughfare by controlling leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel, site, unit, access to the major street while still providing direct private access to the adjoining properties. The roadway of the frontage road usually abuts the thoroughfare’s right-of-way.

Street, Local. A local street offers the lowest level of mobility because service to through traffic is deliberately discouraged. Direct private access to abutting land uses is provided.

Street Width. For the purpose of this Ordinance, the shortest distance between the lines delineating the right-of-way.

Subdivider. Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision, or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development any interest, lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business of selling, or plat in a subdivision, or (4) is directly or indirectly controlled by or under direct or indirect common control with any of the foregoing.

Subdivision. Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. Subdivision includes the division or development of residential and non-residential zoned land, whether by deed, metes and bounds description, lease, map, plat, or other recorded instrument.

Structure. A building or edifice of any kind that is built, constructed, or erected on a fixed location upon the ground or attached to something having a fixed location on the ground. A structure can be among other things a wall, fence, or a prior mobile home which has been immobilized and erected on some type of permanent footings or foundation.

Townhouse. A structure housing two or more dwelling units of not more than two stories each and contiguous to each other only by the sharing of one common wall, such structures to be of the town or row house type as contrasted to multiple dwelling apartment structures. Each dwelling shall have separate and individual front and rear entrances.

Variance. A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not a result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

Yard. A required open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any structure or portion of a structure, except as otherwise provided herein.

Yard, Front. A yard extending across the full width of a lot and lying between the front lot and the nearest point of the building.

Yard, Side. A yard extending from the rear line of the required front yard to the rear yard along each side of a lot. In the case of through lots, side yards shall extend from the rear lines of front yards required.

Yard, Rear. A yard extending across the rear of the lot between inner side yard lines and lying between a rear lot line of the lot and the nearest point of the building. In the case of through lots and corner lots, there will not be rear yards, but only front and side yards.

ARTICLE III: ADMINISTRATIVE PROCEDURES

Section 1. PUBLIC HEARINGS.

No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the Planning Commission or the City Council. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper of Mazeppa at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the City Clerk may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the City Clerk and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with these procedures has been made. All applicants shall provide the list of the owners and addresses to which the notice is to be sent.

Section 2. TEXT AMENDMENTS.

Whenever the public necessity to maintain the integrity of this ordinance requires it, the City Council may by ordinance amend the text of this ordinance. Such changes to this ordinance shall be made only after the Planning and Zoning Commission and City Council have both held a meeting on the proposed amendment. Text amendments to this ordinance shall require a 4/5 vote of the City Council.

Section 3. DISTRICT CHANGES.

Whenever the public necessity to maintain the integrity of this ordinance requires it, the City Council may by ordinance change the district boundaries shown on the District Boundary Map. Such changes shall be made only after the Planning and Zoning Commission and the City Council has held a meeting on the proposed change. District changes to this ordinance shall require a 4/5 vote of the City Council.

Section 4. INITIATING CHANGES.

Either the City Council or the Planning and Zoning Commission may initiate text amendments or district boundary changes. In addition, district boundary changes may be initiated by petition by any property owner within the boundary change area. Property owner petitions shall be submitted to the City Clerk 14 days prior to the Planning and Zoning Commission meeting at which the petition is to be heard. The City Council shall not act on the request until it has received the recommendation of the Planning and Zoning Commission or until 60 days have passed without a report from the Planning and Zoning Commission. The property owner petition for change shall include a legal description of the property to be changed, a description of the existing ‘and intended use of the property, a map of the property showing existing structures and property lines of the change area and adjacent properties and the required filing fee.

Section 5. USE PERMITS.

A use permit shall be obtained as described below before starting or proceeding with the erection, construction, moving in, or the structural alteration of a building or structure. One of the four following use permits shall be secured as required by regulations of the district the property is located in.

• 5.1 Permitted Use Permit. An applicant for a permitted use permit shall submit an application to City Clerk or administrator. The application shall be accompanied by a description of the use proposed and a site plan showing compliance with this ordinance. The City Council may approve or disapprove such an application based on compliance to this ordinance and general acceptance of the site plan.
• 5.2 Conditional Use Permit. For any use designated as a conditional use within the district in which the proposed use is to be located, a conditional use permit shall be secured from the City of Mazeppa after the Planning and Zoning Commission holds a public hearing pursuant to §1 above and the City Council holds a meeting. The applicant for a conditional use permit shall submit in writing, at least fourteen days prior to the hearing, the permit request to be heard. A description of the property and use proposed and a site plan including, but not limited to the following shall accompany a conditional use permit.
  • 5.2.1 Location of all structures, existing and proposed.
  • 5.2.2 Location of all parking and drive areas.
  • 5.2.3 Property lines.
  • 5.2.4 In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning and Zoning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the City Council shall make the following findings where applicable.
  • 5.2.5 The use will not create an excessive burden on existing parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the area.
  • 5.2.6 The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.
  • 5.2.7 The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties.
  • 5.2.8 The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use.
  • 5.2.9 The use is consistent with the purposes of the zoning ordinance and the purposes of the zoning district in which the applicant intends to locate the proposed use.
  • 5.2.10 The use is not in conflict with the comprehensive plan of the City.
  • 5.2.11 Adequate utilities, access roads, drainage and necessary facilities have been or will be provided.
  • 5.2.12 Additional Conditions. In permitting a new conditional use or the alteration of any existing conditional use, the Planning Commission may recommend and the City Council may impose, in addition to these standards and requirements expressly specified by this ordinance, additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to the following.
  • 5.2.13 Increasing the required lot size or yard dimension.
  • 5.2.14 Limiting the height, size, or location of buildings.
  • 5.2.15 Controlling the location and number of vehicle access points.
  • 5.2.16 Increasing the street width.
  • 5.2.17 Increasing the number of required off-street parking spaces.
  • 5.2.18 Limiting the number, size, location or lighting of signs.
  • 5.2.19 Requiring diking, fencing, screening, landscaping, or other facilities to protect adjacent or nearby property.
  • 5.2.20 Designation sites for open spaces.
  • 5.2.21 Other conditions as judged necessary.

  The City Administrator shall maintain a record of all use permits issued including information on the use, location, and conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate.

  After reviewing the submitted information and the recommendation of the Planning and Zoning Commission, the City Council, after holding a public meeting, (i) may approve the permit, (ii) may approve the permit with conditions, or (iii) may deny the permit, having found it not consistent with the City of Mazeppa’s comprehensive plan or not compatible with the general character of the neighborhood.

  The City Council will forward its decisions/findings to all applicants. Applicants will be financially responsible for the published notices as well as filing fees with the County Recorder’s Office or Registrar of Titles’ Office.

• 5.3 Accessory Building Use Permits. Any person desiring a use permit or a building permit for an accessory building as defined under Article II of this ordinance, shall accompany such permit request with the following information.
  • 5.3.1 A scale drawing of the proposed building to include front, side, and rear elevations.
  • 5.3.2 A scale grid drawing with the location of:
    1. all structures existing and proposed;
    2. all parking and drive areas;
    3. all property lines.
  • 5.3.3 Structures exceeding 120 sq. ft. in size would require drawings submitted in addition to the above.
  • 5.3.4 All other information as requested by the City Council or the Planning and Zoning Commission.
• 5.4 Interim Use Permit.
  • 5.4.1 Purpose. The purpose of an interim use permit is to allow a temporary use that is not designated as permitted or conditionally permitted but is acceptable for a limited period of time subject to conditions set forth in this section. An “interim use” is defined as a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. An interim use is granted to a particular individual and does not accrue to the subject property.
  • 5.4.2 Inspection. The city herby reserves the right, upon approval of an Interim use, to inspect the premises in which an interim use is being conducted to ensure compliance with the provision of this section or any additional conditions imposed.
  • 5.4.3 Revocation. An interim use permit may be revoked if (i) the property is found to be in violation of the conditions listed in the interim use permit of (ii) if access to the property for the purpose of making an inspection is refused to the zoning administrator or their designee. The same process established for granting and interim use permit shall be followed when considering revocation of an interim use permit.
  • 5.4.4 Criteria for granting an interim use permit. In granting an interim use permit, the Planning Commission and City Council shall consider the effect of the proposed use upon the health, safety and general welfare of occupants of surrounding properties. The planning Commission and City Council shall consider and make findings regarding the following factors.
    • The proposed use will terminate upon a date or event that can be identified with certainty; and
    • The proposed use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and
    • The proposed use will be subjected to, by agreement with the property owner, any conditions that the City Council deems appropriate for permission of the proposed interim use, including a condition that the owner will provide an appropriate surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use.
  • 5.4.5 Termination. An interim use permit shall terminate upon the occurrence of any if the following events, whichever comes first.
    • The date or event stated in the permit;
    • The use has been discontinued for one year, or
    • There is a change in ownership of the property for which the interim use permit was issued. If it is believed that a violation of the conditions of approval has occurred, the Planning Commission and City Council may take action to revoke the interim use permit through the public hearing process including notification to the property owner of the City’s intent to consider relocation of the permit.
  • 5.4.6 Conditions of approval. In permitting a new interim use permit or amending an existing interim use permit, the Planning Commission may recommend and the City Council may impose, in addition to the standards and requirements expressly specified by this section, additional conditions which the Planning Commission or City Council consider necessary to protect the best interest of the surrounding area of the community as a whole. These conditions may include, but are not limited, the following:
    • Controlling the location and number of vehicle access points;
    • Increasing the number of required off-street parking spaces;
    • Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property;
    • Review at end of term of interim permit, if deemed appropriate by the City Council.
    • Be in compliance with City of Mazeppa sign ordinance.
• 5.5 Denial Appeal. The applicant for any permit denied under §5.1, 5.2, 5.3 and/or 5.4 may appeal, within ten days after the denial, to the Board of Adjustment for relief, which may be granted after holding a public hearing, with a 4/5 vote of the Board of Adjustment.
• 5.6 Approval Appeal. An aggrieved party of the approval of any permit under §5.1, 5.2, 5.3 and/or 5.4 may appeal, within ten days after approval or imposition of additional conditions, which may be done after holding a public hearing and notifying the applicant prior to said hearing to review permit approval. Reversal of permit approval shall require a 4/5 vote of the Board of Adjustment.Any change involving structural alterations, enlargement; intensification of use, or similar changes not specifically permitted by the interim use permit shall require an amended interim use permit and all procedures shall apply as if a new permit were being issued. The zoning administrator or their designee shall maintain a record of all interim use permits including information on the use, location and conditions imposed by the City Council, time limits review dates, and such other information as may be appropriate.
  • 5.6.7 Procedure.
    • Applications for interim use permits will not be accepted from anyone who is not the owner of the land for which the application is made.
    • The person applying for an interim use permit shall fill out and submit to the community development department and interim use permit application, appropriate supplementary information, and a filing fee as established by the city council.
    • The community development department staff shall refer the application to the Planning Commission for review and recommendation to the city council.
    • The Planning shall hold a public hearing on the proposal. Notice of the public hearing shall be as provided by Minn. States. 462.357, Subd. 3 as amended. The Planning Commission recommends granting the proposed interim use permit, it may recommend conditions to the City Council that the commission considers necessary to protect the public health, safety and general welfare of the surrounding area along with the findings supporting the recommendation to approval. If the Planning Commission recommends denial of the proposed interim use permit, it shall recommend finding in support of the denial to the City Council.
    • An amended interim use permit application shall be administered in a manner similar to that required for an interim use permit. Request for an amendment to an interim use permit shall include the requested changes related to the interim use and information in support of the requested changes.
    • No application for an interim use permit shall be resubmitted for a period of six months from such order of denial.
    • Where applicable, granted interim use permits shall become void if the applicant does not proceed substantially on the work within six months. To proceed substantially means to make visible improvement to the property. One of more extension for not more than six months each may be granted by the City Council for good cause.

ARTICLE IV: GENERAL REGULATIONS

Section 1. NON-CONFORMING USES.

The lawful use of a building or land existing on the effective date of this ordinance may be continued, although such use does not conform to the provisions hereof. Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use. The expansion of a non-conforming use is expressly prohibited, unless such expansion is done within the provisions of a conditional use permit, as allowed in the district the property is located within.

Section 2. DISCONTINUANCE OF NON-CONFORMING USE.

No premise, building, or portion thereof used in whole or part for nonconforming purposes according to the provisions of this ordinance, which hereafter become and remain vacant for a continued period of one year shall again be used except in conformity with the regulations of the district in which such building or premise is situated.

Section 3. DAMAGED NON-CONFORMING BUILDINGS.

No building that has been damaged to the extent of more than sixty-five percent (65%) of the fair market value of the building immediately prior to damage shall be restored except in conformity with the regulations of this ordinance.

Section 4. CORNER LOTS.

For corner lots platted after the effective date of this ordinance, the side street yard shall be equal in width to the setback regulation of the lot to the rear having frontage on the intersecting street. If there are no lots to the rear having frontage on the intersecting street, the side yard shall be equal to front yard setback.

On corner lots platted and of record at the time of the effective date of this ordinance, the same regulations shall apply, except that this regulation shall not be so interpreted as to reduce the buildable width of the corner lot facing an intersecting street to less than 30 feet nor to prohibit the erection of any accessory building.

Section 5. FRONT YARD.

There shall be a minimum front yard in any “R” district, as stated in the yard requirements for that particular district; but in no case shall the front yard depth be less than the average front yard depth of all structures facing the same street in the same block.

Section 6. REQUIREMENTS REDUCED.

No lot shall be reduced in size so as to make the width or total area of the lot, or any yard, or any other open space, less than the minimum required in this ordinance, unless in compliance with Article XVII, §14.

Section 7. PARKING.

7.1 In all districts except “C-l” in connection with every, business, institutional, recreational, or dwelling use and for similar uses, space for parking and storage of vehicles shall be provided of sufficient area to care for the normal parking demands of the building involved. In no case shall the parking area provided be less than that shown on the following schedule.

• Automobile services: 3 spaces per service bay
• Bowling alley: 4 spaces per line
• Clinics: 1 space per 400 square feet
• Furniture/Appliance stores: 1 space per 600 square feet
• Offices, banks, etc.: 1 space per 400 square feet
• Restaurants: 1 space per 200 square feet
• Dwellings: 2 spaces per dwelling unit
• Public uses: 1 space per employee
• All other commercial: 1 space per 300 square feet

7.2 Required off-street parking areas for automobiles shall be so designated, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley and so that any automobile may be parked and unparked without moving another.

7.3 For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case and in accordance with all ordinance and regulations of the city.

Section 8. MAXIMUM HEIGHT.

No buildings shall exceed the heights shown on the following schedule in each of the various district.

• AG: 35 feet
• R-1: 35 feet
• R-2: 35 feet
• R-3: 35 feet
• C-1: None
• C-2: 35 feet
• T: 35 feet
• I: 35 feet

Section 9. WASTEWATER TREATMENT.

All non-farm dwellings shall be connected to the Mazeppa wastewater treatment system unless exempt. All existing septic systems replaced as designated by city ordinance 41-1 by city code.

Section 10. SETBACK COMPUTATIONS.

For the purpose of computing front yard dimensions, measurements shall be taken from the nearest point of the front wall of the building to the lot line, subject to the following qualifications.

10.1 Cornices, canopies, or eaves may extend into the required yard a distance not exceeding two feet, six inches. Fire escapes may extend into the required front yard a distance not exceeding 4 feet, 6 inches. A landing place or uncovered porch may extend six feet if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than three feet may be placed around such place.

10.2 The above-enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace, or outside stairway, shall project more than three feet into any side yard and then, in the case of an outside stairway, only if it is unroofed and unenclosed above and below the steps. In no case shall a porch, stair landing, or any other architectural feature extend closer than four feet to the side property line.

Section 11. COSTS.

Whenever the Revised Land Management Ordinance requires a public hearing and requires notice given to owners of affected property and property situated wholly or partly within 350 feet of the property to which an ordinance amendment, subdivision plat, minor subdivision, or zoning district change relates, the party requesting the subdivision, minor subdivision, zoning change, or zoning amendment shall bear the cost of setting up the public hearing therefore.

Costs shall include but not be limited to all costs of research to determine who are the owners of affected property, costs of mailing notice, and costs of posting notice.

The costs referred to above shall be borne by those persons requesting the following.

• 11.1 Approval of general development plans, preliminary plats, final plats, and minor subdivisions under Article XVI§1 through 4.
• 11.2 Zoning ordinance amendments or district changes under Article III § l, 3, and 4.

Section 12. DWELLING, SINGLE FAMILY.

A detached residential dwelling unit designed for and occupied by one family only shall meet the following specifications.

• 12.1 At least 24 feet wide at its narrowest point measured from the face of the exterior walls;
• 12.2 Has a minimum of 864 feet of enclosed year-round living area on its ground floor, or a minimum sum of 1,440 square feet of enclosed year-round living area on the ground floor and the next floor above;
• 12.3 Is placed on a permanent foundation that complies with all standards and specifications of the Uniform Building Code as adopted in Minnesota. Said foundations shall be solid foundations extending the entire length and width of the dwelling;
• 12.4 Has a roof which meets the standards and specifications of the Uniform Building Code as adopted in Minnesota or Minnesota Statutes §327.3l et. seq. (the Manufactured Homes Building Code);
• 12.5 Has exterior walls and attic areas which meet minimum energy envelope requirements. Exterior walls must be covered with siding which meets the standards and specifications of the Uniform Building Code as adopted in Minnesota or Minnesota Statutes §327.3l et. seq.
• 12.6 Has such architectural design, color, roof, and exterior material which pare not so inconsistent with surrounding buildings and areas as to constitute a blight or devalue surrounding property, or otherwise impair the health, safety, and welfare of the community.

Section 13. FENCES.

Fences dividing properties zoned R-1, R-2, R-3, C-2, and T may be on adjoining property lines and:

• 13.1 Have no side or rear lot setback requirements unless stipulated by City Council;
• 13.2 Cannot exceed 6 feet in height;
• 13.3 Said fence having only one finished side shall be required to have the finished side facing out away from the property upon which the fence is constructed; and
• Be maintained by the property owner erecting the structure.

Fences at any intersecting rights-of-way must be set back at least 12’ from the rights-of-way.

Section 14. SIGNS.

See Mazeppa City Code § 4-3.

Section 15. HOME OCCUPATION.

Home occupations may be allowed as follows:

• Purpose. Home occupation standards and procedures are established to permit the conduct of home occupation activities while preserving the character of residential neighborhoods, promoting small businesses, and protecting the health, safety and welfare of those neighborhoods.
• Level 1 home occupations. Level 1 home occupations are those which have no potential neighborhood impacts. Level 1 home occupations are a permitted use. Level 1 home occupations may include but are not strictly limited to:
  • Photo or art studio;
  • Dressmaking;
  • Barber and beauty shops;
  • Secretarial services;
  • Professional offices such as legal, accounting, insurance, or computer technician;
  • Musical, dancing, and other instructions which consist of no more than two pupils at a time; and
  • Small appliance repair.
• Level 2 home occupations. Level 2 home occupations are those which have potential neighborhood impacts. A level 2 home occupation requires approval of the City Council. An interim use permit shall be obtained by any person operating a level 2 home occupation. Level 2 home occupations may include but are not strictly limited to:
  • Family day care;
  • Contractors;
  • Small engine repair;
  • Equipment repair;
  • Building trades;
  • Heating, plumbing, or air-conditioning services; and
  • In cases where it is unclear whether a home occupation should be classified as level 1 or level 2, the Zoning Administrator shall make such a determination subject to City Council confirmation if requested by the operator of the home occupation.
• Occupations prohibited. Auto repair, welding, licensed tattoo establishments, and large equipment repair shall not be included as a home occupation.
• General provisions. All home occupations shall be subject to the following standards.
  • A home occupation required to have a state license shall show proof of this license to the City each year and shall maintain said license at all times while the home occupation is occurring.
  • A home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. Not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
  • No more than one person other than members of the family residing on the premises shall be engaged in such occupation, except that barber shops and beauty parlors shall be limited to a maximum of two chairs.
  • A non-illuminated nameplate a maximum of 4 square feet in area may be placed on the front façade of the principal structure. Otherwise, there shall be no signage, display, or advertisement visible from the exterior of the lot related to the home occupation.
  • Home occupations shall not create a parking and loading demand in excess two vehicles at a time.

Section 16. PRIVATE GARAGES.

• Architectural Style. The architectural style, color, and facing material of a garage shall be compatible with the dwelling unit.
• Setbacks. Detached garages shall meet the same setback requirements as the principal use.
• Size and Dimensions.
  • A garage must have a minimum width of 12 feet and a minimum depth of 18 feet.
  • Garages shall be limited to the larger area of 768 square feet or seventy-five percent (75%) of the ground floor square footage of the dwelling unit to which the garage is an accessory use, up to a maximum of 1,200 square feet.
  • A garage shall not exceed 1,200 square feet in any event.
  • Cornices, canopies, or eaves may extend a distance up to, but not exceeding, 2 feet 6 inches without affecting the footprint dimensions or square footage calculation of the private garage. Any portion of a cornices, canopies, or eaves that exceeds 2 feet 6 inches shall be included in the private garage footprint measurements for determination of square footage.
• Height. No private garage shall exceed the height of the principal building or 24 feet in height, whichever is less.

Section 17. ACCESSORY BUILDING.

Normal accessory buildings for any of the use activities allowed within the district shall be permitted, provided they comply with all regulations applicable to the principal use and the following.

• 17.1 No accessory building shall exceed the height of 15 feet; unless the accessory building is also a garage. An accessory building that is also a garage shall not exceed the principal building or 24 feet in height, whichever is less.
• 17.2 Accessory buildings may be located in a rear yard or a side yard. Accessory buildings must be at least 10 feet from all other structures on the property. An accessory building must be in the same style, color, and texture of the primary structure.
• 17.3 All accessory buildings must meet setback requirements of the districts in which they are being built.
• 17.4 All accessory buildings in R-1, R-2 and R-3 districts shall additionally conform to the following requirements.
  • 17.4.1 Quantity. There shall be no more than one accessory building in addition to one garage on a lot.
  • 17.4.2 Size and Dimensions. On lots one-half (½) acre or greater, an accessory building, must comply with all size and dimension parameters of Article IV, Section 16.3 and all other requirements of Article IV, Section 17. On lots less than one-half (½) acre, no accessory building may exceed 400 square feet in area or 15 feet in height, unless used as a garage, as noted in 17.4.3.
  • 17.4.3 Height Exception. If the accessory building meets the definition of a garage, the height restriction shall be as noted in Section 17.1.
  • 17.4.4 All accessory buildings shall be securely affixed to the ground in a manner that will resist movement from storms or vandalism.
  • 17.4.5 In lieu of a separate accessory building, an additional 400 square feet may be added to an existing garage provided that these conditions are met by the property owner. (1) the primary garage must be detached structure from the resident; (2) no other storage sheds or other accessory buildings are present; (3) all setback requirements must be met; (4) a garage shall not exceed 1,200 square feet in any event and (5) all future construction of sheds, garages, or other accessory buildings will not be permitted.

Section 18. TOWNHOUSES; WATER/SEWER LINES.

In order to obtain a building permit for a townhouse development in the City of Mazeppa, the following is required.

A developer will be required to provide plans for construction indicating that separate water lines and separate sewer lines will be constructed from the city’s water and sewer mains to each unit of a townhouse development.

Final approval of each unit of a townhouse development will be granted by the city’s building inspector only after the developer demonstrates to the building inspector that separate water lines and separate sewer lines have been constructed from the city’s mains to each unit of the townhouse development and that a separate water meter has been installed for each unit of the development.

ARTICLE V: MANUFACTURED HOME PARKS

Section 1. GENERAL REQUIREMENTS.

Manufactured home parks shall comply with all statutes of the State of Minnesota, including but not limited to Chapters 327 and 327C and the regulations of the State Board of Health and the regulations of the Building Code. When this ordinance is more restrictive than the state statutes, the provisions of this ordinance will control over the provisions of the state statutes.

All references in this article to lots, sites, manufactured home lots, or manufactured home sites shall mean manufactured home park spaces or manufactured home park lots as defined in Article II, Number 58.

Section 2. PERMITS REQUIRED.

It shall be unlawful for any person to maintain or operate a manufactured home park or facility within the city limits of the City of Mazeppa unless such person procures a conditional use permit therefore in accordance with this ordinance.

The City Council is hereby authorized to revoke any license or permit as provided in this ordinance upon receipt or proof of non-compliance with any part of this ordinance.

• 1.1 Permit Application. Application for a manufactured home park permit shall be filed with the City Clerk and shall contain the following information.
  • 1.1.1 all requirements of a conditional use application;
  • 1.1.2 name and address of the applicant; and
  • 1.1.3 location and general description of the manufactured home park. Plans showing all facilities in said manufactured home park, together with all streets and lots therein, approved by the Dept. of Public Health of the State of Minnesota.
• 1.2 Transfer of Permit. Any application for transfer of the permit or expansion alterations of the park shall be treated in the same manner as an original application for permit.
• 1.3 Approval Required. Prior to application for a permit, said applicant shall first have obtained approval of said manufactured home park from the State Board of Health.

Section 3. LOT SIZE AND SPECIFICATIONS

• 2.1 A manufactured home lot shall consist of a minimum of 4,000 square feet, with a minimum width of street frontage of 40 feet.
• 2.2 A manufactured home shall not be placed closer than 15 feet from any private street or alley within the manufactured home park or be located nearer than 20 feet from the line of adjacent private property.
• 2.3 Manufactured homes located in said park shall be located so that there shall be at least 15 feet of lateral clearance between any two manufactured homes or any mobile home and adjacent building.
• 2.4 All manufactured homes shall be anchored to the ground surface at four points to afford protection from wind damage as specified by Minnesota State building code.
• 2.5 All manufactured homes must be skirted within 90 days of location on a lot in a manufactured home park.
• 2.6 No buildings or structures shall be erected or attached to a manufactured home without obtaining approval of the City Council during a public meeting and a building permit thereof.

Section 4. DRIVEWAYS.

All lots shall be provided with, at minimum, a crushed rock surface driveway that shall be a minimum of 16 feet in width.

Section 5. PUBLIC UTILITIES.

A municipal sanitary sewer and water system shall be installed in accordance with city specifications. Each manufactured home site shall be equipped with a water and sewer outlet. The State Board of Health shall approve all water and sewer facilities.

Section 6. COMMUNITY STORM SHELTER FACILITIES.

There shall be provided within each manufactured home park that has 10 units or more suitable storm shelter facilities constructed to meet Minnesota state building codes, Minnesota State Board of Health rules and regulations, rules of the Commissioner of Administration and the City of Mazeppa building codes. The shelter space must accommodate room for the number of people as defined in the following formula.

Minimum shelter space = number of trailer units times 2.5 people per trailer unit.

Section 7. RECREATION AREA.

A recreation area consisting of 150 square feet per manufactured home site shall be provided, but in no instance shall there be less than a total of 4,500 square feet provided for recreational purposes in each manufactured home park.

Section 8. PRIVATE STREETS & STREET CONSTRUCTION IN MANUFACTURED HOME PARK.

Minimum width of street surface within a manufactured home park shall be 26 feet. Asphalt surface and asphalt or concrete curbs shall include the following:

• 7.1 removal of all topsoil;
• 7.2 replacement with a granular material such as Class 4 sand and gravel or crushed rock;
• 7.3 replacement of a 6″ base meeting MNDOT specifications for Class 5 sand and gravel;
• 7.4 replacement of a 11/2 bituminous mat meeting MNDOT Sec. 2231; and
• 7.5 all streets shall be crowned to provide for the runoff of surface drainage with consideration of adjacent property a governing factor.

Section 9. RESPONSIBLE ATTENDANT.

Each park is required to have a responsible attendant or caretaker on duty or on call at all times. The name and phone number of said caretaker or attendant shall be filed with the City Clerk. His chief duty is to maintain the park with its facilities and equipment in a clean, orderly, and sanitary condition. The caretaker is answerable with the licensee for any violations of this ordinance.

Section 10. CONSTRUCTION REQUIREMENTS.

All plumbing, electrical, building, and other work on or at any park licensed under this ordinance shall be in accordance with the ordinances of the City of Mazeppa and the statutes of the State of Minnesota. Licenses and permits granted under this ordinance in no way grant the right to erect or repair any structure in said manufactured home park.

Section 11. ADDITIONAL REQUIREMENTS.

In addition to the foregoing, the City of Mazeppa may impose such other procedures, conditions, requirements, or limitations concerning the design, development, and operation of such manufactured home park as it may deem necessary for the protection of adjacent properties and the public interest.

ARTICLE VI: LAND MANAGEMENT DISTRICTS

Section 1. PURPOSE.

Areas of the City of Mazeppa have different needs and goals. To properly meet these needs and goals, the community has been divided into several land management districts. The purpose of these districts is to classify, regulate, and restrict the location of trades, industry, and the location of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and determine the area of yards, courts, and other open spaces within and around such buildings.

Section 2. ALLOWED USES.

In order to allow maximum flexibility in the development of the community and provide a measure of security in existing neighborhoods, within each district are allowed two levels of land use. The two levels are permitted uses and conditional uses.

• 2.1 Permitted uses are those uses allowed in the district. These uses are the primary activity of the district.
• 2.2 Conditional uses are use activities that are generally acceptable within the district, but the nature of the activity creates negative impacts on other uses and properties. Such uses shall be allowed on a limited and selected basis only, where it is shown that there is substantial benefit to the community and the level of negative impacts is kept at a minimum or eliminated. Successful applicants will be financially responsible for filing fees with the County Recorder’s/Registrar of Title’s office.

Section 3. LAND MANAGEMENT DISTRICTS.

The City of Mazeppa, Minnesota is hereby divided into 8 classes of districts as follows.

• 3.1 AG. Agricultural District
• 3.2 R-1. Residential District
• 3.3 R-2. Residential District
• 3.4 R-3. Residential District
• 3.5 T. Transition District
• 3.6 C-1. Central Business District
• 3.7 C-2. Service Commercial District
• 3.8 I. Industrial District

Section 4. BOUNDARIES.

The boundaries of these districts are indicated upon the District Boundary Map of the City of Mazeppa, Minnesota, dated August 14, 2024 and approved August 14, 2024 (approved via Ordinance 2024-03) which map is made a part of this ordinance by reference. The said District Boundary Map and all the notations, references, and other matters shown thereon shall be as much a part of this ordinance as if the notations, references, and other matters set forth by said map were all fully described herein, the original of which is properly attested and is on file in the office of the City Clerk of the City of Mazeppa.

Section 5. BOUNDARY LINES.

The district boundaries are either lot lines or the centerlines of streets and alleys, unless otherwise shown; and where the districts designated are bounded approximately by street, alley, or lot lines and are not dimensioned otherwise, the lot line or centerlines of streets and alleys shall be construed to be the boundary of the districts.

Section 6. ANNEXATION.

All territory that may hereafter be annexed to the City of Mazeppa shall be considered as being in the “AG” Agricultural District until platted differently.

ARTICLE VII: AG AGRICULTURAL DISTRICT

Section 1. PURPOSE.

The AG Agricultural District is established to protect and allow for the continuance of agricultural activities on the peripheral areas of the community.

Section 2. PERMITTED USES.

• 2.1 Single family dwellings.
• 2.2 Agricultural use and the usual agricultural buildings and structures used for recreational/ hobby farm/non-commercial use only.
• 2.3 Level 1 Home Occupation.

Section 3. CONDITIONAL USES.

• 3.1 Retail sale of produce and cash crops produced on premises.
• 3.2 Recreational vehicle parks and camping areas. In the application for a conditional use permit for a recreational vehicle park and camping area, all parks will be required to meet Chapter 327, of the State of Minnesota manufactured Home Park and Recreational Camping Area Law.
• 3.3 Any additional commercial uses the City Council deems appropriate for the area and community welfare of Mazeppa.

Section 4. INTERIM USES.

• 4.1 Level 2 Home Occupation.

Section 5. LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.

Use	Lot Area	Lot Frontage (ft)	Front Yard (ft)	Rear Yard (ft)	Side Yards
					Any Side (ft)	Sum of Both Sides (ft)
Dwelling	5 acres	150	50	50	15	35

ARTICLE VIII: R-1 RESIDENTIAL DISTRICT

Section 1. INTENT AND PURPOSE.

The R-l Residential District is established to identify and protect both existing and future residential areas, where the single family dwelling shall be the major use activity. Over all other criteria, the protection and enhancement of the single-family dwelling shall be considered. Other use activities may be allowed to the extent they will not detract from the single family residential character of the district.

Section 2. PERMITTED USES.

• 2.1 Single-family dwellings.
• 2.2 Public parks.
• 2.3 Level 1 Home Occupation.

Section 3. CONDITIONAL USES.

• 3.1 Public or private schools.
• 3.2 Semi-public uses such as churches.
• 3.3 Cemeteries, funeral parlors.
• 3.4 Two-family dwellings/units.
• 3.5 Nursing or convalescent homes.
• 3.6 Residential care facilities, providing there are no more than 12 residents.
• 3.7 Level 2 Home Occupation.

Section 4. INTERIM USES.

• 4.1 Level 2 Home Occupation.

Section 5. LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.

Use	Lot Area	Lot Frontage (ft)	Front Yard (ft)	Rear Yard (ft)	Side Yards
					Any Side (ft)	Sum of Both Sides (ft)
Single-Family Dwelling	7500 sq.ft.	60	25	10	5	15
Two-Family Dwellings/units	9000 sq.ft.	80	25	10	10	20
Non-residential	1 acre	100	25	25	10	30

Section 6. EXCEPTIONS TO LOT FRONTAGE.

Residential lots in cul-de-sacs shall be allowed if the lot frontage is at least 50 feet, so long as the lot frontage is 60 feet at the front setback line (25 ft past the property line). Zero-lot line two family dwellings have a minimum lot frontage of 50 feet per lot (100 feet for both lots).

Section 7. PARKING.

Two off-street parking spaces shall be provided for each dwelling unit as defined in Article 2, Number 24.

ARTICLE IX: R-2 RESIDENTIAL DISTRICT

Section 1. INTENT AND PURPOSE.

The R-2 Residential District is established to identify and promote the construction and reconstruction of multi-family residential areas.

Section 2. PERMITTED USES.

• 2.1 Single-family dwellings.
• 2.2 Two-family dwellings/units.
• 2.3 Public uses such as public parks, public schools, etc.
• 2.4 Semi-public uses such as private schools, churches, etc.
• 2.5 Cemeteries, funeral parlors.
• 2.6 Nursing or convalescent homes.
• 2.7 Residential care facility.
• 2.8 Level 1 Home Occupation.

Section 3. CONDITIONAL USES.

• 3.1 Multi-family dwellings/units.
• 3.2 Professional offices.
• 3.3 Manufactured home parks.

Section 4. INTERIM USES.

• 4.1 Level 2 Home Occupations.

Section 5. LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.

Use	Lot Area	Lot Frontage (ft)	Front Yard (ft)	Rear Yard (ft)	Side Yards
					Any Side (ft)	Sum of Both Sides (ft)
Single-Family Dwelling	6000 sq.ft.	60	25	10	5	10
Two-Family Dwellings/units	8000 sq.ft.	60	25	10	5	10
Multi-family dwellings/units	3000 sq.ft./unit	80	25	10	10	20
Non-residential	1 acre	100	25	25	10	30

Section 6. EXCEPTIONS TO LOT FRONTAGE.

Residential lots in cul-de-sacs shall be allowed if the lot frontage is at least 50 feet, so long as the lot frontage is 60 feet at the front setback line (25 ft past the property line). Zero-lot line two family dwellings have no minimum lot frontage, but in no case may any structure come closer than 10 feet to the side lot lines.

Section 7. MANUFACTURED HOME PARKS.

In the application for a conditional use permit for a manufactured home park, all parks will be required to comply with Article V Manufactured Home Parks.

ARTICLE X: R-3 RESIDENTIAL DISTRICT

Section 1. INTENT AND PURPOSE.

The R-3 Residential District is established to identify and protect both existing and future residential areas, where the single family dwelling shall be the major use activity on low density lots (single family dwelling per acre). Over all other criteria, the protection and enhancement of the single-family dwelling shall be considered.

Section 2. PERMITTED USES.

• 2.1 Single-family dwellings.
• 2.2 Level 1 Home Occupation.

Section 3. CONDITIONAL USES.

• Public uses, such as public parks, public schools, etc.
• Semi-public uses such as churches, private schools, etc.
• Two-family dwellings/units.
• Cellular telephone towers.

Section 4. INTERIM USES.

• 4.1 Level 2 Home Occupations.

Section 5. LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.

Use	Lot Area	Lot Frontage (ft)	Front Yard (ft)	Rear Yard (ft)	Side Yards
					Any Side (ft)	Sum of Both Sides (ft)
Single-Family Dwelling	1/2 acre	80	25	25	10	20
Two-Family Dwellings/units	1/2 acre	80	25	15	10	20
Non-residential	1 acre	100	25	25	10	30

Section 6. EXCEPTIONS TO LOT FRONTAGE.

Residential lots in cul-de-sacs shall be allowed if the lot frontage is at least 50 feet, so long as the lot frontage is 60 feet at the front setback line (25 ft. past the property line). Zero-lot line two family dwellings have a minimum lot frontage of 50 feet per lot (100 feet for both lots).

Section 7. PARKING.

Two off-street parking spaces shall be provided for each dwelling unit as defined in Article 2, Number 24.

ARTICLE XI: T TRANSITION DISTRICT

Section 1. INTENT AND PURPOSE.

There are some areas of the community that, by their very nature and location, are destined to be underutilized if placed in a traditional dominant use district. The T Transition District has been established to accommodate these areas where there exist conflicting uses, and the continuance of the use mixture is desirable for the community welfare. By their very nature, uses allowed in this district will have both positive and negative impacts on one another. It is the purpose of this District to minimize or eliminate those conflicts.

Section 2. PERMITTED USES.

• Any accessory use of an existing conforming and/or approved conditional use.

Section 3. CONDITIONAL USES.

• Single family dwellings.
• Two family dwellings/units.
• Multi-family dwellings/units.
• Automotive sales, service, and storage.
• Retail sales.
• Personal services.
• Home improvement services and trades.
• Repair shops.
• Offices.
• Home occupations.
• Any permitted or conditional use allowed in a district if that district has an adjoining boundary line with the Transitional District. (For example, if a C-2 District is adjacent to the Transitional District, offices (which are a permitted use in the C-2 District) could be considered under this Conditional Use definition.)

Section 4. LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.

Use	Lot Area	Lot Frontage (ft)	Front Yard (ft)	Rear Yard (ft)	Side Yards
					Any Side (ft)	Sum of Both Sides (ft)
Single-Family Dwelling	6000 sq.ft	60	15	15	5	15
Two-Family Dwellings/units	8000 sq.ft.	60	15	15	5	15
Multi-family dwellings/units	3000 sq.ft./unit	60	15	15	5	15
Non-residential	7500 sq.ft.	60	15	15	10	20

Section 5. REQUIREMENTS REDUCED.

Where the proposed use involves the utilization of an existing structure built prior to the adoption of this ordinance, the City Council may reduce the lot area, frontage, and yard requirements, but new additions or new construction are to comply with this provision.

ARTICLE XII: C-1 CENTRAL BUSINESS DISTRICT

Section 1. INTENT AND PURPOSE.

The C-l Central Business District is established to promote and encourage development and redevelopment of the core commercial area of the community and to enhance its position as a rural service center.

Section 2. PERMITTED USES.

• Retail sales.
• Restaurants.
• Automotive sales and service.
• Entertainment.
• Home improvement trades.
• Printing and related trades.
• Parking garages and lots.
• Appliance sales and service.
• Repair shops.
• Banks and savings & loans.
• Offices.
• Personal services.
• Hotels and motels.

Section 3. CONDITIONAL USES.

• Animal hospitals and clinics.
• Automotive storage.
• Farm equipment, sales, storage, and repair.
• Food processing.
• Wholesaling and warehousing.
• Multi-family dwellings/units.

Section 4. LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.

Use	Lot Area	Lot Frontage (ft)	Front Yard (ft)	Rear Yard (ft)	Side Yards
					Any Side (ft)	Sum of Both Sides (ft)
Multi-family dwellings/units	3000 sq.ft./unit	80	25	10	10	20
All other uses	none	none	none	none	none	none

ARTICLE XIII: C-2 SERVICE COMMERCIAL DISTRICT

Section 1. INTENT AND PURPOSE.

The C-2 Service Commercial District is established to accommodate commercial development in localized areas of the community outside of the Central Business District.

Section 2. PERMITTED USES.

• Retail sales.
• Restaurants.
• Banks and savings & loans.
• Home improvement trades.
• Animal hospitals and clinics.
• Offices.
• Repair shops.
• Personal services.
• Automotive sales and services.
• Manufacturing.
• Wholesaling.
• Warehousing.

Section 3. CONDITIONAL USES.

• Automotive storage.
• Farm equipment sales, storage, and repair.
• Any additional commercial uses the City Council deems appropriate for the area and community welfare of Mazeppa.
• R.V. Park.

Section 4. LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.

Use	Lot Area	Lot Frontage (ft)	Front Yard (ft)	Rear Yard (ft)	Side Yards
					Any Side (ft)
All Uses	10,000 sq.ft.	100	20	10*	10 *from furthest each side extension

Section 5. ADDITIONAL LOT AREA REQUIRED.

If the building floor area exceeds 3,000 sq. ft., additional lot area of 1,000 sq. ft. shall be required for each additional 300 sq. ft. of floor area or fraction thereof.

Section 6. SCREENING REQUIRED.

Any lot line adjoining a Residential District shall be screened with a solid fence or shrubbery at least 6 feet in height.

Section 7. LANDSCAPING REQUIRED.

In the front yard of each lot shall be an area of at least 1,000 sq. ft. landscaped and maintained in an attractive manner. No buildings or parking and drives shall be allowed in this area.

ARTICLE XIV: INDUSTRIAL DISTRICT

Section 1. INTENT AND PURPOSE.

The I Industrial District is established to enhance and promote Mazeppa as a community for industrial development and still maintain its quality environment.

Section 2. PERMITTED USES.

• Wholesaling and warehousing.
• Manufacturing.
• Food productions and processing.
• Agriculture related uses, such as grain elevators.
• Farm equipment sales, storage, and repair.
• Contractor’s storage yard.
• Land consumptive business necessitating outdoor storage.
• Adult Establishments.

Section 3. CONDITIONAL USES.

Any of the above uses where excessive odor, noise, smoke, etc. may be generated.

Any uses the City Council deems appropriate for the area and the community welfare and growth of Mazeppa.

Section 4. LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.

Use	Lot Area	Lot Frontage (ft)	Front Yard (ft)	Rear Yard (ft)	Side Yards
					Any Side (ft)	Sum of Both Sides (ft)
All Uses	1/2 acre	75	35	35	20	40

Section 5. ADDITIONAL LOT AREA REQUIRED.

If the total building floor areas exceed 5,000 sq. ft., additional lot area of 1, 000 sq. ft. shall be required for each additional 1,000 sq. ft. of floor area or fraction thereof.

Section 6. SCREENING REQUIREMENT.

Same as in the C-2 Commercial District.

ARTICLE XV: PROCEDURES FOR SUBMISSION OF SUBDIVISIONS

Section 1. PRE-APPLICATION MEETING.

Prior to the preparation of a Preliminary Plat, the subdividers or owners shall be required to meet with the Zoning Administrator, Engineer, and other appropriate officials in order to be made fully aware of all applicable ordinances, regulations, and plans in the area to be subdivided. At this time or at subsequent informal meetings, the subdivider may submit a general sketch plan of the proposed subdivision and preliminary proposals for the provision of water supply and waste disposal. The sketch plan can be presented in simple form but should show that consideration has been given to the relationship of the proposed subdivision to existing community facilities that would serve it, to neighboring subdivisions and developments, and to the natural resources and topography of the site. The subdivider is urged to avail himself of the advice and assistance of the local planning staff at this point in order to save time and effort, and to facilitate the approval of the preliminary plat.

Section 2. OVERALL DEVELOPMENT GUIDELINES.

The City Council may require qualified technical and staff services such as economic and legal to review the general development plan, the preliminary plat, and the final plat and advise on its suitability regarding general planning; conformity with plans of other private and public organizations and agencies; adequacy of proposed water supply, sewage disposal, drainage and flood control, special assessment procedures and other features. The subdivider shall also be required to pay the cost of such services.

*2.1 Stormwater Runoff Reduction Requirements.

This section/paragraph shall apply to any application for a General Development Plan, Preliminary Plat, Minor Subdivision, or Building Permit where there will be a change to a parcel’s grading, water runoff volume, rate, trajectory, or amount of impervious surface area and the parcel lies within the following legal description (whether or not the parcel is subsequently platted):

That part of the northeast quarter (NE1/4) of Section six (6) in Township one hundred nine (109) north, Range fourteen (14) west, described as commencing at the northeast (NE) corner of said section, thence south on the east line of said section a distance of eight hundred twenty (820) feet; thence south eighty-eight (88) degrees and thirty four minutes west twelve hundred fifty-four (1254) feet for the place of beginning; thence south thirteen hundred ninety-one and five tenths (1391.5) feet to center line of Mazeppa and Lake City Road; thence south eighty-eight (88) degrees and twenty-six (26) minutes west eleven hundred ninety (1190) feet along center line of said Mazeppa and Lake City Road to land of Mrs. McCellan; thence north no degrees and seventeen (17) minutes east along the east line of said McCellan land a distance of thirteen hundred ninety-five and three tenths (1391.3) feet to the center line of a public highway running east and west; thence north eighty-eight (88) degrees and thirty-four (34) minutes east eleven hundred eighty-three (1183) feet along the center of said road to the place of beginning; and containing thirty-eight (38) acres.

EXCEPT: That part of the South Half of the Northeast Quarter of Section 6, Township 109 North, Range 14 West, Wabasha County, Minnesota, described as follows:
Commencing at the northeast corner of said Northeast Quarter; thence South 00 degrees 17 minutes 21 seconds East, bearing based on the Wabasha County Coordinate System, along the east line of said Northeast Quarter 820.00 feet; thence South 88 degrees 16 minutes 06 seconds West 1254.33 feet; thence South 00 degrees 17 minutes 21 seconds East parallel to the east line of said Northeast Quarter 1060.50 feet to the point of beginning; thence continue South 00 degrees 17 minutes 21 seconds East parallel to said east line 329.00 feet to the centerline of Chestnut Street N.E.; thence South 89 degrees 06 minutes 29 seconds West along said centerline 265.00 feet; thence North 00 degrees 17 minutes 21 seconds West parallel to said east line of the Northeast Quarter 329.00 feet; thence North 89 degrees 06 minutes 29 seconds East 265.00 feet to the point of beginning.

That part of the Southeast Quarter of the Northeast Quarter, of the Southwest Quarter of the Northeast Quarter, of the Northwest Quarter of the Southeast Quarter and of the Northeast Quarter of the Southeast Quarter, all in Section 6, Township 109 North, Range 14 West, Wabasha County, Minnesota, described as follows:
Commencing at the Southeast corner of the Northeast Quarter of said Section 6; thence South 89 degrees 29 minutes 58 seconds West, oriented with the Wabasha County Coordinate System, NAD 83, 1996 adjustment (HARN), along the south line of said Northeast Quarter, a distance of 1128.21 feet to the westerly line of Parcel 2 of the William D. Krusmark II property as described in Wabasha County Document Number 323607 being the point of beginning of the land to be described; thence North 00 degrees 24 minutes 52 seconds West, along said westerly line, a distance of 303.03 feet, to the southerly right of way line of County Road Number 54, Chestnut Street NE; thence South 88 degrees 51 minutes 55 seconds West, along said southerly right of way line, a distance of 1037.27 feet to the northeasterly corner of the City of Mazeppa property as described in Wabasha County Document Number 278166; thence South 00 degrees 48 minutes 34 seconds East; along the easterly line of said City of Mazeppa property, a distance of 1164.59 feet to the northwesterly right of way line of State Highway Number 60 as now located and established; thence North 55 degrees 49 minutes 42 seconds East, along said northwesterly right of way line a distance of 20.52 feet; thence North 55 degrees 48 minutes 35 seconds East, along said northwesterly right of way line, a distance of 1217.62 feet to the southwesterly corner of said Krusmark property; thence North 00 degrees 24 minutes 52 seconds West, along the westerly line of said Krusmark property, a distance of 186.24 feet to the point of beginning. Containing 19.67 acres, more or less.
Subject to all easements, and restrictions of record.

Increases in the rate or volume of runoff from the 10-year and 100-year frequency storms due to development, redevelopment, or change of use activity on the site shall be detained within the development and released at a rate no greater than 80% of historic undeveloped conditions unless otherwise allowed by the City Engineer as described as follows:

Greater runoff may be permitted by the City Engineer if downstream stormwater management facilities are adequate for the conveyance of the 100-year runoff and proposed runoff is consistent with the other City ordinances or state statute.

On-site management of stormwater shall be accomplished through the use of ponds, infiltration basins, bioswales, raingardens, and other best management practices identified by the City to the maximum extent practicable.

Section 3. SIXTY DAY RULE.

The preliminary application must be approved or disapproved by the City Council within 60 days following the delivery of an application completed in compliance with these regulations by the applicant, unless an extension in accordance with Minnesota Law (MS 15.99) has been invoked by the city; in which case Council action must be accomplished within 120 days unless an extension of the review period has been agreed to by the applicant. If the city fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed approved, and upon demand the city shall execute a certificate to that effect. If the City Council disapproves, the grounds for any such disapproval shall be set forth in the minutes of the City Council meeting.

Section 4. DENIAL OF PLAN AND/OR PLAT.

In the case of all subdivisions, the Planning Commission shall recommend denial of, and the City Council may deny, approval of a general development plan, preliminary or final plat if it makes any of the following findings.

• That the proposed subdivision, including the design, is in conflict with any adopted component of the Mazeppa Comprehensive Plan, Revised Land Management Ordinance, or any other provision of the City Code;
• That the physical characteristics of this site, including but not limited to topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development or use contemplated;
• That the site is not physically suitable for the proposed density of development;
• That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage;
• That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
• That the design of the subdivision or the type of improvements will conflict with easements of record;
• That the design will create a significantly higher density than the surrounding areas; and
• That the design will create an undue burden on the City’s traffic system or water/wastewater infrastructure.

Section 5. PRELIMINARY PLAT.

Upon approval of the general development plan, the subdivider may prepare a preliminary plat, which shall conform to the requirements of this ordinance and the approved general development plan, together with improvement plans and other supplemental material as may be specified by the Planning and Zoning Commission and its reviewing agencies.

An application shall be filed at least 15 business days prior to the meeting of the Planning and Zoning Commission at which time action is desired. The City Clerk shall send copies of the preliminary plat to each of the above agencies for their comments or recommendations.

Section 6. PLANNING AND ZONING COMMISSION ACTION-PRELIMINARY PLAT.

The Planning and Zoning Commission shall hold a public hearing on the preliminary plat. Notice of the public hearing shall be given in the same manner as required by Article 3, Section 1. After considering the comments and suggestions received at the public hearing, the Planning and Zoning Commission shall recommend either the approval, approval subject to conditions, or disapproval of the preliminary plat.

Section 7. CITY COUNCIL ACTION – PRELIMINARY PLAT.

The City Council shall review the preliminary plat after receiving the Planning and Zoning Commission’s recommendation. The City Council shall approve or disapprove the preliminary plat by resolution adopted within a timeline in compliance with the Sixty Day Rule. The City Clerk shall notify the applicant of the City Council’s action and shall endorse the date of the approval or disapproval on the preliminary plat. If approval is given, the City Clerk shall send the applicant one copy of the preliminary plat marked with any required revisions. If approval is not given, the reasons shall be recorded in the minutes of the City Council and reported to the applicant and Planning and Zoning Commission by the City Clerk.

Section 8. APPROVAL OF PRELIMINARY PLAT.

Approval of a preliminary plat shall not constitute approval of the final plat. Unless earlier rescinded by the City Council, approval of a preliminary plat is limited to a period of one year, after which time the applicant is required to resubmit a preliminary plat. Upon application filed with the City Clerk, the City Council may continue the approval for an additional period of time. The application shall be filed at least 20 days prior to expiration of the approval of the preliminary plat.

Section 9. FINAL PLAT.

Following approval of a preliminary plat, the applicant may prepare a final plat and shall file with the City Clerk an application for approval of the final plat. The application shall be filed at least 15 business days prior to the meeting of the Planning and Zoning Commission at which time action is desired. The City Clerk shall send copies of the application and final plat to each of the agencies that received a preliminary plat for their comments, and recommendations. A final plat shall conform to the requirements of this ordinance and all conditions set forth in the approval of the preliminary plat.

Section 10. REVIEW OF FINAL PLAT.

The City Council shall review the final plat and the comments and recommendations of the other.

Section 11. MEETING FINAL PLAT.

The City Council shall hold a meeting on the final plat after receiving the Planning and Zoning Commission’s recommendation.

Section 12. CITY COUNCIL ACTION – FINAL PLAT.

The City Council shall, by resolution adopted within 60 days after the submission of the final plat, approve or disapprove the final plat. The reasons for disapproval shall be recorded in the minutes of the City Council and reported to the applicant and Planning and Zoning Commission by the City Clerk. No final plat may be approved by the City Council unless satisfactory evidence is filed with the City that all current and past property taxes have been paid in full, that the final plat is in a form acceptable for recording with the County Recorder or Registrar of Titles, and there is deposited with the City the amount of the recording fees to be charged for recording the final plat and any other instruments required by the City Council.

Section 13. RECORDING FINAL PLAT.

Upon approval by the City Council, the agent for the developer shall record the final plat in the Office of the County Recorder or Registrar of Titles, as provided by law.

Section 14. MINOR SUBDIVISIONS.

An individual may prepare a minor subdivision that shall conform to all requirements of standard subdivision except that some of the information requirements such as the engineering feasibility report may be waived by the city staff. Property may be subdivided through a minor subdivision procedure which combines the preliminary and final plat procedures in conformance with the following conditions:

• The resulting subdivision shall contain no more than four (4) parcels.
• The proposed subdivision shall be in areas where municipal streets and utilities are already in place and capable of serving the plat.
• No streets or utilities are constructed.
• The proposed subdivision shall not interfere with proper development of neighboring adjacent properties.
• Resulting parcels shall conform with all zoning ordinance requirements.

Section 15. MEETING ON MINOR SUBDIVISION.

The Planning and Zoning Commission shall hold a meeting on the minor subdivision after receiving the comments and suggestions of the reviewing agencies.

Section 16. CITY PLANNING COMMISSION ACTION – MINOR SUBDIVISIONS.

Same as Article 15, Section 6, Planning and Zoning Commission Action preliminary plat, except that no public hearing shall be required.

Section 17. CITY COUNCIL ACTION – MINOR SUBDIVISION.

Same as Article 15, Section 12, City Council Action – final plat.

Section 18. LOT LINE ADJUSTMENT.

When owners of adjacent properties intend to modify the areas of the existing parcels while not creating an additional buildable lot, approval of a lot line adjustment can be requested in conformance with following conditions:

• The new legal descriptions for the properties must be metes and bounds or simple, easily described division of two platted lots of record (for example, east ½ of lot 31, north 150 feet of lot 31).
• The adjustment may not result in the creation of a new lot, may not make one of the lots large enough to be eligible for further subdivision, and may not make an unbuildable lot buildable.
• The resulting parcels must meet all applicable ordinance requirements, except that if one of the parcels was previously non-conforming, it must become more conforming as a result of the subdivision.
• The lot line adjustment must not result in a lot or a portion of a lot which lacks access to a public street or roadway.
• A completed application and survey shall be submitted to the Planning and Zoning Commission for review.
• If approved, the City Clerk shall issue notice of approval in writing to the property owner. If denied, the applicant may within 10 business days of the Planning and Zoning Commission denial submit in writing to the City Clerk a written appeal to the City Council to review Planning and Zoning Commission denial.

Section 19. PLANNING AND ZONING COMMISSION PUBLIC MEETING ON LOT LINE ADJUSTMENT.

The Planning and Zoning Commission shall hold a public meeting on the lot line adjustment after receiving the comments and suggestions of the reviewing agencies.

Section 20. PLANNING AND ZONING COMMISSION ACTION – LOT LINE ADJUSTMENT.

After the public meeting described in the preceding section, the Planning and Zoning Commission must recommend approval, approval with certain conditions, or disapproval of the lot line adjustment. In deciding whether to approve the request, the Planning and Zoning Commission shall consider, among other things, the reason for the request, whether the lot after the line adjustment would comply with all the requirements of the Revised Land Management Ordinance concerning minimum size, setbacks etc. and the effect that the lot line adjustment if approved might have on the rights of adjoining property owners.

Section 21. CITY COUNCIL ACTION – LOT LINE ADJUSTMENT.

If the applicant exercises its right to appeal the denial of a lot line adjustment, the City Council shall review the appeal at their next regular meeting provided that the meeting is at least 10 days after receipt of the written appeal. After the review of the applicant’s request and the Planning and Zoning Commission denial, the City Council will determine the lot line adjustment on a simple majority.

Section 22. RESUBDIVISION OF LAND.

Procedure for Resubdivision. For any change in a map of an approved or recorded subdivision plat, if such change affects any street layout shown on such map, or area reserved thereon for public use, or any lot line, or it affects any map or plan legally reached prior to the adoption of any regulations controlling subdivisions, such parcel shall be approved by the Planning Commission by the same procedures, rules, and regulations as for a subdivision. However, this process shall not apply to a lot line adjustment as set forth in Article XV Section 4

Section 23. CONVEYANCES PROHIBITED.

No conveyance involving a portion of a platted lot or involving unplatted land, the conveyance of which is prohibited by Minnesota Statutes §462.358, subd. 4, shall be made unless the conveyance involves a single parcel of land of not less than five acres and having a width of not less than 300 feet.

ARTICLE XVI: APPLICATION GUIDELINES

Section 1. APPLICATION FOR GENERAL DEVELOPMENT PLAN.

• 1.1 A copy of the application on a form approved by the City Council
• 1.2 Twelve copies of the plan, which should include the following information.
  • scale and north point,
  • name and address of property owner,
  • name and address of subdivider,
  • zoning, classification of proposal and adjacent lands,
  • names of existing streets,
  • general street design,
  • general lot layout,
  • key map including area within one mile radius of plat,
  • date of preparation,
  • elevation and drainage, storm water runoff, and
  • preliminary plan for the provision of water supply and waste disposal.

Section 2. APPLICATION FOR PRELIMINARY PLAT.

An application for approval of a preliminary plat shall include the following.

• 2.1 A copy of the application on a form approved by the Planning and Zoning Commission.
• 2.2 Twelve copies of the preliminary street profile map on with outside dimensions of 22 inches wide and 34 inches long, drawn to a horizontal scale of one inch equals 100 feet or less and a vertical scale of one inch equals 10 feet or less, showing the location of existing and proposed street, utility easements, depth to rock and ground water along the streets, and typical street cross sections.
• 2.3 Twelve copies of a vicinity map drawn either on each preliminary plat or on a separate sheet, with a scale of one inch equals 400 feet or more but not to exceed 1,000 feet, showing existing subdivisions, streets and tracts of land adjoining the subdivision.
• 2.4 Two copies of existing or proposed private deed restrictions, if any.

Section 3. APPLICATION FOR A FINAL PLAT.

An application for approval of a final plat shall include the following.

• 3.1 Two copies of the application on a form approved by the Planning and Zoning Commission.
• 3.2 Twelve copies of the final plat on black or blue line prints. Two muslin backed originals and two reproducible mylars of the final plat, each of which shall contain all of the certifications, signatures, and acknowledgment required to file and record the same in the Office of the County Recorder or Registrar of Deeds.
• 3.4 Two copies of a title opinion prepared by a licensed attorney and approved by the municipal attorney, identifying the owners and persons of record having an interest in the property being subdivided and the legal description of the property being subdivided.
• 3.5 A copy of boundary closure calculations.
• 3.6 Two copies of existing or proposed private deed restrictions, if any.
• 3.7 The final plat shall be in recordable form and the fee amount for filing and recording of the plat in the Office of the County Recorder or Registrar of Deeds, is to be paid by the developer.

Section 4. APPLICATION FOR MINOR SUBDIVISION.

Same as Section 3, application for final plat, except for subsections 3.3.

Section 5. APPLICATION FOR LOT LINE ADJUSTMENT.

An application for approval of a lot line adjustment shall include the following.

• 5.1 Two copies of the application on a form approved by the Planning and Zoning Commission.
• 5.2 Written documentation from the County Surveyor that the Certificate of Survey has been reviewed for surveying accuracy and compliance with applicable state laws.
• 5.3 Written documentation from the County Auditor that all prior taxes have been paid on all parcel(s) associated with the Lot Line Adjustment application.
• 5.4 Two copies of the final certificate of survey on black or blue line prints.
• 5.5 One copy of a title opinion prepared by a licensed attorney and approved by the municipal attorney, identifying the owners and persons of record having an interest in the property being subdivided and the legal description of the property being subdivided.
• 5.6 A copy of boundary closure calculations.
• 5.7 One copy of existing or proposed private deed restrictions, if any.
• 5.8 The certificate of survey shall be in recordable form and the fee amount for filing and recording of the certificate of survey in the Office of the County Recorder or Registrar of Deeds, is to be paid by the applicant.
• 5.9 Fee for filing and recording municipal approval (e.g., resolution, Clerk’s certificate) in the Office of the County Recorder or Registrar of Deeds.

Section 6. FORMAT.

Each preliminary plat shall be prepared by a Minnesota Registered Engineer or a Minnesota Registered Land Surveyor, and each final plat, minor subdivision and lot line adjustment shall be prepared and signed by a Minnesota Registered Land Surveyor. Except for a lot line adjustment, the outside dimensions shall be 22 inches tall and 34 inches long. A border line shall be placed two inches inside the outer edge on the left side of the 34-inch length and one-half inch inside the outer edge of the other three sides. Certificates of Surveys for a Lot Line Adjustment shall have outside dimensions of 11 or 14.5 inches tall and 8.5 inches wide with a border line placed no less than one-half inch inside the outer edge. When more than one sheet is required for any plat, each sheet shall be numbered consecutively and shall contain a notation of the total number of sheets; i.e. 2 of 3. Each plat shall be drawn to scale of 1 inch equals 100 feet or less.

Section 7. FORM OF PLATS.

Preliminary plats, final plats, minor subdivision, and lot line adjustments shall be prepared in accordance with the provisions of this ordinance and the laws of the State of Minnesota and shall contain the following information.

Preliminary Plat	Final Plat (All measurements and information accurate)	Minor subdivision	Lot Line Adjustment
1. Identification. Date, Scale, north point and proposed name of subdivision. The name shall not duplicate or closely approximate the name of any other subdivision in the county.	2. Legal description. Legal descriptions of the land as it exists at the time of application, the land after it has been subdivided, and/or after the lot line adjustment requested.	3. Principals. Name of the owners of record and registered land surveyor.	4. Boundaries. Length and bearings of the exterior boundaries of the land being subdivided.
5. Radii and tangents. Approximately radii of all curves and lengths of all tangents.	6. Lots and Block. Layout and approximate dimensions of lots and blocks. Lots shall be numbered progressively through each block, and blocks shall be numbered progressively through each plat.	6. Lots and Block. OMIT.	7. Monuments and lot corners. The approx. location of all permanent monuments and lot corners.
7. Monuments and lot corners. The exact location and material of all permanent monuments and lot corners.	8. Existing streets and public uses. Layout, width, and identification of existing public streets, easements, drainage ditches, parks, and other public property proposed for subdivision.	9. Existing Utilities. Location of existing sanitary and storm sewer lines, water mains, and culverts within and adjacent to the proposed subdivision, with pipe sizes, cross-sectional areas, grades and capacities indicated.	9. Existing Utilities. OMIT
10. Other Existing Feature. Location of existing buildings and structures, Railroad right-of-way, municipal lines, township lines, and lakes, rivers, and streams and their known high and low water elevations. Water elevation references shall be the United States Geological Survey Datum. Flood hazard areas shall be clearly labeled.	10. Other Existing Feature. OMIT	11. Proposed features. Layout, width, and identification of proposed streets, easements, drainage ditches, parks, and other property to be dedicated to the public or reserved by covenants for the common use of property owners within the subdivision. Location of proposed sewer lines, water mains, culverts, and drainage facilities.	11. Proposed features. Layout, width, and identification of proposed street right-of-ways, easements, drainage ditches, parks, and other property to be dedicated to the public or reserved by covenants for the common use of property owners within the subdivision.
11. Proposed features. OMIT	12. Topographic Map of the area. showing 2 foot contours and delineating the areas as follows. – where slope is seven percent (7%) or less; – where slope is from seven percent (7%) to fifteen percent (15%); – where slope is from fifteen percent (15%) to twenty-five percent (25%). All areas of the subdivision to be platted with a slope greater than twenty-five percent (25%) must be clearly indicated.	12. Topographic Map of the area. OMIT	13. Percolation Test Results. A minimum of two per lot, together with one soil boring per acre to indicate depth to water table and rock formulation. Omit if municipal sanitary sewer is available.
13. Percolation Test Results. OMIT	14. Zoning. Identification of zoning classification.	14. Zoning. OMIT	14. Zoning. Identification of zoning classification.
14. Zoning. OMIT	15. Restrictive deed covenants. Within identified flood plain areas, restrictive deed covenants requiring the flood plain areas to be left essentially in the state shown on the plat, establishing finished elevations of buildings, structures, and private streets and roads, and requiring that additions or modifications to the facilities shall comply with applicable ordinances and regulations governing such food plain areas.	15. Restrictive deed covenants. OMIT	16. Dedication. OMIT
16. Dedication. A statement of dedication signed, acknowledged and witnessed as required by law for recording conveyances. The dedication shall read substantially as follows. “We, the undersigned, certify that that we are the sole interested parties in the tract of land described in the foregoing Surveyor’s Certificate, which is written on the plat on which this instrument is written, that we have caused the same to be to be surveyed and platted as ________ Subdivision, as shown on said plat, and that we do hereby grant and dedicate to the public use forever the streets, alleys, avenues, park sites, walks, easements, and limited accesses as shown thereon.”	16. Dedication. OMIT	17. Certificates. OMIT	17. Certificates. i) Surveyor. A certificate of the surveyor that the plat was made in accordance with this chapter and the laws of Minnesota, that the plat is a correct representation of the survey, that all distances are correctly shown on the plat, that all distances are correctly shown on the plat or certificate of survey, that all monuments have been correctly placed in the ground as shown, and that the outside boundary lines are correctly designated on the plat.ii) Owner. A certificate of the owners in substantially the form as follows. “As owners, we hereby certify that we caused the land described on this plat to be surveyed, divided mapped, dedicated as represented on the plat.” This certificate shall be signed, acknowledged and witness as required by law for recording conveyances.iii) Taxes. A certificate by the County Auditor that all prior taxes have been paid. iv) City Clerk. A certificate by the City Clerk that the Plat has been approved by the City Council. v) County Surveyor. A Certificate that the plat has been checked for surveying accuracy and compliance with applicable state platting laws.
17. Certificates i) Surveyor. A certificate of the surveyor that the certificate of survey was made in accordance with this chapter and the laws of Minnesota, that the certificate of survey is a correct representation of the survey, that all distances are correctly shown on the certificate of survey, that all monuments have been correctly placed in the ground as shown, and that the outside boundary lines are correctly designated on the certificate of survey.

ARTICLE XVII: SUBDIVISION DESIGN STANDARDS

Section 1. GENERAL.

The design of each subdivision and resubdivision shall conform to the design standards contained in this ordinance.

Section 2. STREET DESIGN.

The street system of a proposed subdivision shall be designed to facilitate adequate traffic circulation within the subdivision and from the subdivision to adjacent areas. Street arrangement, character, width, grade, location, sight distance, and surface material shall be related to existing or planned streets, topography, convenience, and safety and their intended ultimate function.

• The arrangement of major streets in a subdivision shall provide for the continuation or projection of existing streets in adjacent areas or conform to a plan approved by the Planning and Zoning Commission where topographic or other conditions make continuance or conformation to existing streets impracticable.
• Collector streets shall be properly related to major streets and designed in a manner so as to supplement the major street system but not to serve in lieu thereof.
• Local streets shall be designed to benefit the topography, to discourage through traffic, and to provide the minimum amount of streets necessary for safe access to adjacent properties. The reasonable and intelligent use of curvilinear and cul-de-sac streets is allowed, where necessary.
• When a subdivision abuts upon or contains an existing or proposed highway, major thoroughfare, or railroad right-of-way, the City Council may require reverse frontage lots with appropriate screen plantings in the non-access reservation strip, or the provision of suitable access roads parallel to and on either side of said highway, major thoroughfare, or railroad right-of-way providing access to adjacent properties and affording separation of through and local traffic.
• Streets designed and laid out so as to have one end permanently closed shall not exceed 500 feet in length, except where the Planning and Zoning Commission has approved additional length due to property limitations or large lot size.
• Turnarounds shall be provided at the permanently closed end of all streets and shall have a minimum turnaround radius of 60 feet. The City Council may approve a “T” or “Y” type turnaround in lieu of the circular turnaround.
• All subdivisions abutting a public lake, river, or stream shall provide public access at least 80 feet wide to the low water elevation so that there will be public access at not more than one quarter (1/4) mile interval as measured along the lake, river, or stream shoreline.
• Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper projection of streets so that parcels will not be land-locked. When a new subdivision adjoins developable land, then the new streets shall be carried to the boundaries of such unsubdivided land.
• Where new streets extend to existing adjoining streets, their projection shall be at the same or greater width, but in no case less than the minimum required width.
• The City Council shall issue street names; names shall not duplicate the names of other streets. All street names shall be in conformance with the current system of assigning numerical names, i.e. 7th Street NE.
• A tangent of at least 150 feet shall be introduced between reverse curves on collector streets and 100 feet on lesser streets.
• When connecting street lines deflect from each other at one point by more than 10 degrees they shall be connected by a curve with a radius adequate to ensure a sight distance of no less than 500 feet for arterials, 300 feet for collectors, 100 feet for all other streets.
• Half streets shall be prohibited except where it will be practical to require the dedication of the other half when the adjoining property is subdivided, in which case the dedication of a half street may be permitted.
• Private streets shall be prohibited.
• Curb lines at street intersections shall be rounded at a radius of not less than 15 feet.
• Each subdivision shall have at least two public accesses available to every lot.
• Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement. Dead-end alleys shall be avoided.
• The Planning Commission and/or City Council may require the provision of pedestrian ways in proximity to public service areas such as parks, schools, shopping facilities or in other appropriate locations of a similar nature. The design of the pedestrian walkways shall be considered in their relation to existing and planned pedestrian walkways, to reasonable circulation of traffic, to topographic conditions, to run-off of storm water and to the proposed uses of the area to be served. Pedestrian right-of-ways shall be at least 10 feet wide.
• All subdivision street stubs (and underlying infrastructure) designed in a final plat shall be constructed at the same time as the other streets in the final plat.

Section 3. INTERSECTIONS.

All streets shall intersect at right angles or as close thereto as possible. No street shall intersect another at an angle of less than 70 degrees. More than two streets intersecting at the same location shall be prohibited. Street jogs with centerline offsets of less than 150 feet shall be avoided. Intersections having more than four corners shall be prohibited. Adequate land for future intersection and interchange construction needs shall be dedicated to the city.

Section 4. CUL-DE-SACS.

Cul-de-sacs are to be discouraged in subdivisions because of their effect of reducing the efficiency of traffic flow and circulation. However, when necessary due to topographical constraints, the maximum length of a street terminating in a cul-de-sac shall be 500 feet, measured from the centerline of the street of origin to the end of the right-of-way. Lots on cul-de-sacs in R-1 and R-2 zoning districts shall have a minimum lot width of 50 feet at the property line and 60 feet at the front setback.

Section 5. BLOCKS.

Block lengths shall not exceed 1,200 feet; and if possible, shall not be less than 300 feet. In blocks longer than 800 feet, a pedestrian crossway with the minimum right-of-way of 10 feet may be required near the center of the block. The use of additional accessways to schools, parks and other destinations may be required also. Block widths shall be sufficient to provide two tiers of lots of appropriate depth.

TABLE #1. MINIMUM STREET DESIGN STANDARDS

	Arterial	Collector Street	Local Street	Frontage Road or Services Access Street	Alley
Rights-of-Way	as specified by city engineer	66’	60’	40’	20’
Surface Width	“	as specified by city engineer (Min. 44 feet)	as specified by city engineer (Min. 36 feet)	as specified by city engineer (Min. 26 feet)	as specified by city engineer (Min. 20 feet)
Case Specification	“	“	“	“	“
Minimum Horizontal Curve Radii*	400’	300’	300’	100’	100’
Minimum Tangent Between Curves	200’	200’	50’	50’	50’
Minimum Grade	0.4%	0.4%	0.4%	0.4%	0.4%
Maximum Grade	6%	8%	10%	10%	10%
Pavement Specifications	as specified by city engineer	as specified by city engineer	as specified by city engineer	as specified by city engineer	as specified by city engineer

*As measured from the centerline of the street.

Section 6. LOTS.

• The size, shape, and orientation of lots shall be appropriate for the location of the proposed subdivision and the type of use contemplated. All lots shall comply with the minimum lot frontage and area requirements specified in the Zoning Ordinance.
• Every lot shall abut on a public street to assure access for fire protection, utilities, and other services.
• Lot remnants which are less than the minimum lot size shall be added to adjacent lots.
• Side lot lines shall be as near to right angles with streets having straight lines or radial to adjacent streets having curved lines as possible.
• Residential lots fronting freeways, expressways, and major streets, where deemed appropriate by the City Council, shall be separated there from by the use of frontage roads, parallel streets, service drives, or alleys in order to eliminate direct access to the major street.
• In the subdividing of any land, due regard, as determined by the City Council, shall be shown for all natural features, such as tree growth, wetlands, steep slopes, water courses, or similar conditions, and plans adjusted to preserve those which will add attractiveness, safety and stability to the proposed development.
• Double Frontage Lots – Double frontage (lots with frontage on two parallel streets) or reverse frontage shall not be permitted except where lots back on, or are adjacent to, an arterial or collector street.

Section 7. UTILITY EASEMENTS.

Easements for telephone service, electricity, gas lines, and other public utilities shall be provided and centered along the front and if required by the City Council, the rear and side lot lines where deemed appropriate. The easements shall be 10 feet in width or greater as recommended by the City Engineer and shall be aligned from block to block. Easements for storm or sanitary sewers shall be at least 10 feet wide. They shall have continuity of alignment from block to block. Temporary construction easements may be required where installation depths are greater than 10 feet. Utility easements shall be kept free of any vegetation or structures that would interfere with the free movement of utility service vehicles.

Section 8. WATER COURSES.

When a subdivision is traversed by a water course, drainageway, channel or streets, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water courses, and with such further width or construction as may be determined to be necessary by the City Engineer and/or Minnesota Pollution Control Agency.

Section 9. PARKS, OPEN SPACE, AND PUBLIC USE.

It is declared general policy that in all new subdivisions, a percentage of the gross area of all property subdivided shall be dedicated for parks, playgrounds, or other public use. Such percentage shall be in addition to the property dedicated for streets, alleys, waterways, pedestrian ways or other public ways. The following schedule shall be applicable to all subdivisions. This schedule is based upon density of the development allowed in each district and is intended to equalize the amount and value of land dedicated for parks per dwelling unit in the various districts.

In areas zoned:

• R-1: 5% of the total land area
• R-2: 8% of the total land area
• R-3: 10% of the total land area

No areas may be dedicated as parks, playgrounds, or public lands until such areas have been approved for the purpose to which they are to be dedicated. The parkland shall be graded to the contours set forth in the preliminary plat. The developer shall provide a minimum of 3 inches of black dirt over the entire park area and the area shall be seeded with a type of seed approved by the city. The financial guarantees by the developer to the city shall be in effect at least until such time that the parkland is graded and seeded.

The land dedicated for parks, open space or public use shall be suitable for active recreation use. Active recreation meaning organized playground activities such as softball, football, etc. These areas to be used for organized playground activities shall have a slope of less than two percent (2%) grade and be largely clear of forest vegetation. Some of the areas to be dedicated may be forested and may have steeper slopes, if allowed by the City Council.

When the subdivision is small or does not include a park or public area shown on the comprehensive plan, or if in the judgment of the Council the area proposed to be dedicated is not suitable or desirable for park/playground purposes because of location, size or other reason, the Council may require, in lieu of land dedication, a payment to the municipality of a sum equal to the percentage listed above of the undeveloped value of the land to be subdivided. The undeveloped land value shall be the value of the land when ready to be platted but not including utility costs; the estimated cost of grading and seeding the land shall be included in the land value. The City Council and/or its agents shall have the authority to make the final determination of the value of the land for purposes of park dedication. If requested, the City Council shall provide the developer or landowner with the methodology used to calculate the value of the land.

Such dedication of land for public use shall be without restrictions or reservations and shall be transferred to the City by deed or by plat. Money given to the City in lieu of land shall be used by the City only for acquiring or developing public parkland.

All parkland dedicated to the City shall be clearly marked and signed as a public park. The City shall not accept or maintain a park or parkland if it is a private park in character or for use by only the surrounding and/or adjacent residents of the parkland. Public parks shall have adequate parking available for public occupancy when using the park.

Section 10. HARDSHIP TO ADJOINING PROPERTIES.

The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it.

Section 11. PUBLIC SUBSIDIES.

If the subdivider receives Tax Increment Financing, Tax Abatement, or any other form of local government aid or public subsidy, the City Council may require additional performance standards.

Section 12. ENVIRONMENTAL AWARENESS WORKSHEET OR ENVIRONMENTAL IMPACT STATEMENT.

If a proposed development is of sufficient size to trigger a mandatory EAW or EIS, the required reports must be prepared before the City Council can approve or deny the proposed development. The EAW/EIS must be made available at least 10 days before the scheduled public hearings in order to be available for citizen review.

Section 13. PREVIOUS WORK OR COMMITMENTS.

No subdivider shall be permitted to start work on any other subdivision without special approval of the City Council if he has previously defaulted on work or commitments, as determined by the City Council, on a previous subdivision or development in the City of Mazeppa.

Section 14. VARIANCES.

If the applicant cannot meet the requirements of this ordinance because of exceptional topography or any other physical conditions such that strict compliance with these regulations would cause a practical difficulty, the applicant may apply for a variance as stipulated in these regulations. The application for variance must be completed, and granted, before or at the same time that the preliminary plat or final plat is approved by the City Council.

Section 15. ZERO LOT LINE DEVELOPMENT.

A two family dwelling may be split from one lot into two along the party wall to allow for individual ownership of each unit. The newly created lots shall each be in compliance with the lot requirements of the Revised Land Management Ordinance, with the exception of lot width as addressed in section 15.5 below. The following conditions must be met before a zero-lot line development may be approved.

• The property and structure must be able to be easily split into two substantially equal portions.
• The structure must meet current building code standards for fire wall separation. This shall also apply to existing structures.
• Deed restrictions shall be recorded with the property requirements that the structure shall have a uniform exterior appearance in terms of color, design, and maintenance. In addition, if one unit is burned or destroyed, then the development shall be reconstructed in a uniform appearance.
• Separate utility services must be provided (see also Article IV §18). If the property is already provided with a single one inch or larger water service, this water service shall be separated at the property line by installing a wye and two additional curb stops and boxes on the home side of the exiting curb stop and box. If, however, in the opinion of the City, it is feasible to make a second water service connection to the existing main, the existing water service shall not be split at the property line. If the existing water service is smaller than one inch diameter, a separate service connection shall be made to the City watermain. If a lot is intended to be used for a two-family dwelling unit under separate ownership and the public water system is under construction, reconstruction, or if the street is under reconstruction making access to the water system feasibility, separate services shall be extended to the lot at that time. Separate sanitary sewer service shall be provided by splitting an existing sanitary sewer service at the property line with a wye and two clean-outs. However, if conditions exist as stated above for water services making extension of separate services from the City sewer system feasible, such extension shall be made.
• Zero lot line development are permitted in R1 and R2 zoning districts. However, they shall also be allowed in Transition Districts if the Transition District abuts either an R1 or R2, as provided for in Article XI, Section 3. The lot width for each of the new parcels of the zero lot line development in an R1 shall be a minimum of at least 50 feet, as opposed to the 60 feet normally required. There shall be no minimum lot width for zero lot lines in an R2 zoning district. The newly created lots shall each be in compliance with the setback requirements of the Revised Land Management Ordinance, with the exception of the side setback along the common party wall.
• Townhouses and condominiums may reduce side yard setback to zero on common walls. The applicant shall record a covenant and deed restriction on all property which will abut the common lot line. Said covenant and deed restriction shall contain the following conditions.
  • Provide access to the abutting property for the adjacent property owner and/or his agent, employee or representative for the purpose of construction, reconstruction, repair, and maintenance of either side of the total property;
  • Provide easements for necessary encroachments for footings, eaves, and provide for mutual perpetual easements in the event of encroachment by the party wall;
  • Provide for restrictions to limit changes of color, construction material, and design of the dwelling as to compatible with the attached unit;
  • Provide for furnishing separate services to each dwelling unit for sanitary sewer and water.

Section 16. NON RESIDENTIAL SUBDIVISIONS.

Non residential subdivisions shall be subject to all the requirements of the Revised Land Management Ordinance, as well as such additional standards required by the Planning Commission and City Council. The subdivider shall demonstrate to the satisfaction of the City Council that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. Every effort shall be made to protect adjacent residential areas from potential nuisances from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.

Section 17. BUILDING PERMITS FOR LOTS IN NEW DEVELOPMENTS.

No building permit shall be issued for any development (other than necessary infrastructure improvements) until the first lift of the road surface has been laid.

ARTICLE XVIII: REQUIRED IMPROVEMENTS AND PAYMENT

Section 1. OVERALL SPECIFICATIONS.

Unless otherwise stated, all of the required improvements shall conform to engineering standards and specifications as required by the City Council. Such improvements shall be subject to inspection, approval, and shall be made in sequence as determined by the City.

Section 2. MONUMENTS.

Durable iron monuments or steel monuments shall be placed within 6 inches of final elevation at all lot corners, block corners, angle points, points of curves in streets and at intermediate points as shown on the final plat. Such installation shall be the subdivider’s expense and responsibility. All U.S., State, County or other official benchmarks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position. All monuments shall be a minimum of one-half (½) inch in diameter and 15 inches in length.

Section 3. STREET GRADING.

Streets shall be graded to the full width of the right-of-way in accordance with street grades submitted to and approved by the City. All street grading and gravel base construction shall be in accordance with the City’s specifications. Grading shall be complete prior to installation of applicable underground utilities, either private or public in nature. Gravel base construction shall be undertaken after completion of the installation of underground utilities.

Section 4. STREET SURFACING.

Following the City’s approval of street grading and after utility installation, streets shall be surfaced and provided with concrete curbs and gutters in accordance with the latest recommended plans and specifications prepared by the City and approved by the City Council.

Section 5. DRIVEWAYS.

In cases where driveways are constructed after curbing and sidewalk are in place, the sidewalk shall be reconstructed in accordance with driveway specifications to the width of the driveway.

Section 6. SIDEWALKS.

Rough grading for sidewalks shall be provided. Sidewalks are to be encouraged in subdivisions, and the City Council may require them.

Section 7. UTILITY INSTALLATION.

All utilities, whether private or public, shall be installed underground so as to enhance the visual appearance of the area, unless special permission is granted by the Council for other installations. Where utilities are to be installed in street or alley rights-of-way, such installations shall take place prior to street surfacing. Water and sewer services shall be laid to the property line.

Section 8. SANITARY SEWER UTILITIES.

Sanitary sewer facilities adequate to serve the subdivision shall be installed in accordance with the latest plans and specifications of the City and shall meet the requirements of the master plan for sanitary sewer extensions of the city. All new construction shall be connected to the municipal sanitary sewer system.

All new construction shall be connected to this municipal wastewater system and pay a sewer hookup fee, as determined by the City Council. The developer is responsible for sanitary sewer mains and laterals to the lot line.

Section 9. WATER SUPPLY.

Water distribution facilities adequate to serve the subdivision shall be installed in accordance with the latest plans and specifications of the Engineer and shall meet the requirements of the master plan for water main extensions of this municipality. All new construction shall be connected to this municipal water system and pay a water hookup fee, as determined by the City Council. The developer is responsible for water mains and laterals to the lot line, water hydrants, and water main shutoffs.

Section 10. STORM SEWER.

Storm sewer and/or other surface drainage facilities shall be installed as determined to be necessary by the City for the proper drainage of surface waters. All subdivisions and developments shall conform to the City’s Storm Water Pollution Control Ordinance.

Section 11. OTHER UTILITIES.

The subdivider shall cause gas, electrical power and telephone facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision. No such electrical or telephone service shall be located on overhead poles along the front lot lines unless otherwise allowed due to exceptional topography or other physical barrier.

Section 12. UTILITY POLES.

Any developer of a new subdivision in the City of Mazeppa shall pay the cost of placement and erection of utility poles used for the transmission of electrical energy to streetlights within the subdivision. All such poles shall be of a material, size, and weight, and shall be erected so as to meet or exceed all specifications promulgated by both the city’s public works director and the city’s electrical franchisee. Said utility poles shall be paid for and erected within 90 days of the issuance of the first building permit by the city council for the new subdivision. If all utility poles are not erected by that time, no further building permits shall be issued until all the poles have been erected.

Section 13. PUBLIC ACCEPTANCE OF IMPROVEMENTS.

Improvements within a subdivision which have been completed prior to application for approval of the plat or execution of the contract for installation of the required improvements shall be accepted as equivalent improvements in compliance with the requirements only if the city engineer shall certify that he is satisfied that the existing improvements conform to applicable standards and are in a state of good repair.

Section 14. INSTALLATION OF REQUIRED IMPROVEMENTS.

Prior to the installation of any required improvements and prior to approval of the plat, the subdivider shall enter into a contract in writing with the city requiring the subdivider to furnish and construct said improvements in accordance with plans and specifications and usual contract conditions. This shall include provision for supervision of details of construction by the city engineer and shall grant to the engineer authority to correlate the work to be done under said contract by any subcontractor authorized to proceed thereunder with any other work being done or contracted by the city in the vicinity. On request of the subdivider, the contract may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat. In such event the amount of the deposit or bond may be reduced in a sum equal to the estimated cost of the improvements so completed prior to the acceptance of the plat. The time for completion of the work and the several parts thereof shall be determined by the governing body upon recommendation of the city engineer after consultation with the subdivider. What is a reasonable time shall depend upon the work to be done, the seasons of the year, and proper correlation with construction activities in the plat and subdivision.

Section 15. PUBLIC IMPROVEMENTS.

Final plans for required public improvements shall be prepared in accordance with the City’s Public Improvement Policy. All costs of required improvements shall be allocated as outlined in the City’s Capital Improvement Plan.

Section 16. PUBLIC FINANCE OF IMPROVEMENTS.

In the event that the City shall publicly finance and administer subdivision improvements, the developer shall not be required to post a payment and performance bond.

Section 17. PRIVATE FINANCE OF IMPROVEMENTS.

In the event the developer elects to privately finance and administer improvements, the developer must comply with the following provisions.

• 17.1 Completion of Improvements. Before the plat is signed, all applicants shall be required to complete, in accordance with the City Council’s decision and the satisfaction of the municipal engineer, all the street, sanitary, and other improvements, including lot improvements on the individual lots of the subdivision as required in these regulations, specified in the final subdivision plat, and as approved by the City Council, and to dedicate same to the local government free and clear of all liens and encumbrances on the property and public improvements thus dedicated.
• 17.2 Payment and Performance Bond.
  • 17.2.1 The City Council, in its discretion, may waive the requirement that the applicant complete and dedicate all public improvements prior to the signing of the subdivision plat and that, as an alternative, the applicant post a bond or security that is comparable at the time of application for final subdivision approval in an amount estimated by the municipal engineer and the City Council as sufficient to secure to the local government the satisfactory construction, installation, and dedication of the uncompleted portion of required improvements. The payment and performance bond shall also secure all lot improvements on the individual lots of the subdivision as required in these regulations.
  • 17.2.2 Such payment and performance bond or security that is comparable shall comply with all statutory requirements and shall be satisfactory to the municipal attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the City Council in the resolution approving the final subdivision plat and shall be incorporated in the bond and shall not, in any event, exceed 2 years from date of final approval.
  • 17.2.3 Such bond or security that is comparable shall be approved by the governing body as to amount and surety and conditions satisfactory to the governing body. The City Council may, upon proof of difficulty, recommend to the governing body extension of the completion date set forth in such bond for a maximum period of 1 additional year. The city council may, at any time during the period of such bond, accept a substitution of principal of sureties on the bond.
  • 17.2.4 In the event the subdivider defaults in the terms or conditions of the contract with the city for such improvements, the city may complete the project referred to in the contract and assess all costs of the completion incurred by the city against the real property being subdivided, by special assessment and collect it the same as if it were any other special assessment levied by the city against real property. All assessments shall be pursuant to Chapter 429 of Minnesota State Statutes.

Section 18. WARRANTY.

Unless specifically waived by the City Council, the Developer shall be required to give a 2 year warranty for improvements (sewer, water, street, curb, gutter, etc.) from the date the public accepted the improvements. Any defect or repair necessary of said improvements shall be the responsibility of the Developer. If there is a necessary repair that needs immediate attention due to the risk of the public’s health or safety, the City shall, at its option, complete the necessary work and bill the developer for the manpower and materials cost, or assess the cost against benefiting lots.

Section 19. GENERAL BENEFIT TO THE COMMUNITY.

The required improvements as listed in this ordinance are to be furnished and installed at the sole expense of the subdivider. However, by the judgement of the City Council, if any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement, representing the benefit to such lands, to be assessed against the same. In such a situation, the City Council may require that the subdivider be required only to pay for such portion of the whole cost of said improvement as will represent the benefit to the property within the subdivision. For benefiting properties beyond subdivisions, a deferred assessment or hook-up charge may be imposed which is collectible upon development of the property.

Section 20. CITY ACCEPTANCE OF PRIVATE INFRASTRUCUTRE.

Before the City may accept any sewer or water lines, the developer must televise the infrastructure. This is to ensure that the lines are of sufficient integrity and quality so as to not require unnecessary public maintenance or repair after the warranty period expires.

ARTICLE XIX: VARIANCES AND BOARD OF ADJUSTMENT POWERS AND DUTIES

Section 1. VARIANCES, CONDITIONS GOVERNING APPLICATIONS, PROCEDURES.

A variance from the terms of this ordinance as will not be contrary to the public interest may be authorized by the City Council upon petition in specific cases where, owing to special conditions, literal enforcement of the provisions of this ordinance would result in a practical difficulty or an unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the City Council unless and until:

• 1.1 The applicant for a variance shall submit in writing, at least 3 weeks (21 days) prior to a public hearing, the permit request to be heard. A written application for a variance shall demonstrate the following.
  • That the variance request is in harmony with the general purposes and intent of the ordinance.
  • That the variance is consistent with the City of Mazeppa Comprehensive Plan.
  • For variances to zoning regulations, that there are practical difficulties in complying with the zoning ordinance. “Practical Difficulties” as used in connection with the granting of a variance means that (i) the property owner proposed to use the property in a reasonable manner not permitted by the zoning ordinance; (ii) the plight of the landowner is due to the circumstances unique to the property not created by the landowner; and (iii) the variance, if granted, will not alter the essential character of the locality. 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.
  • For variances to subdivision regulations, that there are unusual hardships in complying with the subdivision ordinance. “Unusual Hardships” as used in connection with the granting of of a variance means that (i)the variance, and its resulting construction or project, would be in keeping with the spirit and intent of the subdivision ordinance; (ii) the variance would alleviate an unusual hardship existing upon the land such as physical surroundings, shape, or topographical conditions. (iii) the variance and its resulting construction or project would not be detrimental to the public welfare or injurious to other nearby properties; and (iv) the variance requested is the minimum action required to alleviate the hardship. Economic considerations alone do not constitute practical difficulties. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.

  Applicants will be financially responsible for the published notices as well as filing fees with the County Recorder’s/Registrar of Title’s Office.

  All variances shall be filed with the County Recorder/Registrar of Title’s Office.

  Variances shall be granted for earth sheltered construction as defined in Minnesota State Statute 216C.06, subd.14 when in harmony with the ordinance.

  City Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.

  The Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

• 1.2 The City Council shall grant or deny each variance request after holding a public hearing.
  • 1.2.1 Notice of public hearing shall be given at least 14 days in advance of the public hearing. Such notice of hearings shall be published in the city’s official newspaper.
  • 1.2.2 The public hearing shall be held. Any party may appear in person or by agent or attorney.
  • 1.2.3 If the variance is granted, the Council shall make written findings that the requirements of Section 1.1 have been met by the applicant for a variance. The Council shall make further findings that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

In granting any variance, the City Council may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance.

Under no circumstances shall the City Council grant a variance to allow a use not permissible under the terms of this ordinance in the district involved or any use expressly or by implication prohibited by the terms of this ordinance in said district.

If the variance is denied, the Council shall make written findings and state the reasons for denial.

Section 2. CREATION OF BOARD OF ADJUSTMENT.

Pursuant to M.S.A. §462.354, Subdivision 2, there is hereby created a Board of Adjustment.

• The Board of Adjustment shall consist of members whose appointment, term of office, or removal from the Board shall be as provided in the resolution of the city council.
• Meetings of the Board of Adjustment shall be held at the call of the chairman and at such other times as the Board, in its rules of procedure, may specify.
• The Board of Adjustment shall elect a chairman and vice chairman from its members and shall appoint a secretary who need not be a member of the Board. It shall adopt rules for transaction of its business and shall keep a public record of its transactions, findings, and determinations.

Section 3. The Board of Adjustment POWERS AND DUTIES

The Board of Adjustment shall have the following powers and duties:

• 3.1 To hear and decide appeals by an aggrieved party where it is alleged that there is an error in any order, requirements, decisions, or determination made by the zoning administrator, Planning and Zoning Commission, or City Council in the enforcement of this ordinance.“Aggrieved party” shall be defined as follows:
  1. a person whose requested relief has been denied by the Planning and Zoning Commission, City Council, or zoning Administrator;
  2. a person owning land within a zoning district which is affected by any decision of the Planning and Zoning Commission, City Council, or Zoning administrator; or
  3. a person owning land immediately adjacent to land affected by any order or decision of the Planning and Zoning Commission, City Council, or Zoning Administrator.
• 3.2 To hear and decide appeals or variance requests which have been denied or approved by the City Council pursuant to Section 1.2 above. In deciding such appeal, the Board shall follow the steps set forth above in Section 1.2 and shall also hold a public hearing as therein set forth.

In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the zoning administrator from whom the appeal is taken.

A 4/5 vote of the members of the Board shall be necessary to reverse any order, requirements, decisions, or determinations of the City Council, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to effect any variation in the application of this ordinance.

Following denial by the City Council of a use permit request (under Article III, Section 5.2), variance request (under Article XIX, Section 1), or subdivision plat (Article XVII), an applicant may not re-submit the same request again to the City Council within 1 year of the date of denial of said request, unless the applicant has made a good faith effort to change his request as instructed by the City Council in its findings denying the original request.

Any person or persons, or any board, taxpayer, department, or bureau of the City aggrieved by any decision of the Board of Adjustment may seek judicial review, in the manner provided by the state statutes.

ARTICLE XX: AN ORDINANCE PROVIDING FOR REGULATION OF SATELLITE DISHES

Section 1. PURPOSE.

The purpose of this ordinance is to establish provisions for the installation and placement of satellite television antennas and dishes as regulated by this ordinance. These antennas shall be allowed to be placed in a position to receive “usable satellite signals” in accordance with the provisions of this ordinance. “Usable satellite signals” shall constitute signal strengths capable of providing television receiver picture quality equivalent with reception from local commercial stations or cable television. If a “usable satellite signal” is not obtainable under the provisions of this ordinance, the applicant may request a variance upon demonstration of such inability to receive a “usable satellite signal”.

Section 2. INSTALLATION AND LOCATION REQUIREMENTS.

• 2.1 Satellite television antennas must be placed on a building in accordance with Uniform Building Code requirements and accepted engineering standards.
• 2.2 All satellite television antennas shall be properly grounded and have their electrical wiring securely supported or buried underground in accordance with the National Electrical Code.
• 2.3 Not more than two satellite television antennas shall be allowed in any single family (R-1) residence.
• 2.4 In all residential districts, satellite television antennas shall be located and designed to reduce visual impact from surrounding properties and public streets.

ARTICLE XXI: AN ORDINANCE OPTING OUT OF THE MINNESOTA RESIDENTIAL DROP HOMES LAW

The City of Mazeppa opts out of Minnesota Statues Chapter 111 (2016) (Section 462.3593) known as the Residential Drop Homes Law (such homes also known as Temporary family health care dwellings or “granny pods.”).

FOOTNOTES:

• *Article IV, Section 13 was changed by Ordinance 2023-05 enacted 2/14/2024.
• *Article XV, Section 2.1 was added by Ordinance 2024-02 enacted 6/12/2024.
• *Article IV, Section 17.2 was changed by Oridnance 2025-01 enacted 5/14/2025.