City
of
Zoning
Ordinance
Adopted
|
|
|
|
|
|
||
|
|
||
|
|
||
|
|
||
|
|
Compliance Required |
|
|
|
Standards |
|
|
|
Building Under Construction |
|
|
|
Essential Services |
|
|
|
Excavation of Mineral
Materials |
|
|
|
Fences |
|
|
|
Dumping and Disposing of
Rubbish |
|
|
|
Junkyard |
|
|
|
Sanitary Provisions |
|
|
|
Lagoons |
|
|
|
Feedlots |
|
|
|
Racing |
|
|
|
Home Business |
|
|
|
Signs |
|
|
|
||
|
|
Purpose |
|
|
|
Permitted Use |
|
|
|
Conditional Use |
|
|
|
Performance Standards |
|
|
|
||
|
|
Purpose |
|
|
|
Permitted Use |
|
|
|
Conditional Use |
|
|
|
Performance Standards |
|
|
|
||
|
|
Purpose |
|
|
|
Permitted Use |
|
|
|
Conditional Use |
|
|
|
Performance Standards |
|
|
|
||
|
|
Purpose |
|
|
|
Permitted Use |
|
|
|
Conditional Use |
|
|
|
Performance Standards |
|
|
|
||
|
|
|
|
|
|
|
|
|
|
Conditional Use |
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
Provisions |
|
|
|
||
|
|
Permits |
|
|
|
Site Plan |
|
|
|
Conflict with Other Laws |
|
|
|
Conditional Use Permits |
|
|
|
Appeals |
|
|
|
Administration |
|
|
|
Zoning Amendments |
|
|
|
Petitions Previously Denied |
|
|
|
Variances |
|
|
|
Violations and Penalties |
|
|
|
Effective Date |
|
|
|
Validity |
|
|
|
Building and Zoning Permit
Application |
|
|
|
||
|
|
Purpose |
|
|
|
Definitions |
|
|
|
Plat Presentation
Procedures |
|
|
|
Plat Presentation
Requirements |
|
|
|
Design Standards |
|
|
|
Required Improvements |
|
|
|
|
|
|
|
Administration and
Enforcement |
|
|
|
Developers Agreement |
|
|
|
Violation a Misdemeanor |
|
|
|
||
|
|
Building Permit |
|
|
|
Conditional Use Permit |
|
|
|
Zoning Amendment |
|
|
|
Variance |
|
|
|
|
|
|
|
|
|
City of
AN ORDINANCE PROVIDING FOR
THE ZONING OF THE INCORPORATED AREAS OF THE CITY OF
The City Council of the City
of
The primary purpose of this
Ordinance is to insure, promote and protect the public health, safety and
general welfare of the inhabitants of the City of
1) protecting and conserving the character, social,
environmental and economic stability of the land use districts;
2) preventing undue congestion of population growth and
development’
3) facilitating adequate and economical provision of
transportation, water supply and sewage disposal, schools, recreation and other
public services.
A. The unincorporated area of the City of
|
GR |
|
General Residential |
|
RL |
|
Rural Landscape Residential |
|
MR |
|
Multi Family Residential |
|
CM |
|
Commercial |
|
ID |
|
Industrial |
|
LA |
|
Limited Agriculture |
|
PR |
|
Parks and Recreation |
|
WL |
|
Wildlife |
B. The
districts above named are hereby established and shown on the map which shall
be referred to as the “Official Zoning Map”, and which map is hereby made a
part of this Ordinance and copies thereof shall be kept by the City Clerk /
Administrator and shall be available for public inspection.
C. Notice of the adoption of this
Ordinance may be recorded in the Office of the
D. Changes on the official zoning map shall
be made by the Clerk at such times as this Ordinance is properly amended as
provided herein.
A. Accessory Structure : A structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use of the
structure.
B. Accessory Use : A use naturally and normally incidental to,
subordinate to, and auxiliary to the permitted use of the premises.
C. Building / Principal: A building or structure in which is conducted
the main or principal use of the lot on which said building or structure is
situated.
D. District: Any section of the City of
E. Dwelling: A dwelling is any house or building or
portion thereof which is occupied wholly as a home, residence or sleeping place
of one or more human beings, either permanently or transiently. In case of mixed occupancy, where a building
is occupied in part as a dwelling, the part so occupied shall be deemed a
dwelling for the purpose of this Ordinance and shall comply with the provisions
thereof relative to dwellings.
F. Dwelling,
One Family: A dwelling occupied only
by one family, and so designed and arranged as to provide cooking and kitchen
accommodations and sanitary facilities for one family, together with such
domestic help as may be necessary to service and maintain the premises and
their occupants.
G. Dwelling, Two-Family: A dwelling so designed and arranged to
provide cooking and kitchen accommodations and sanitary facilities for
occupancy by two families.
H. Dwelling, Multiple: A building used or intended to be used as a
dwelling, by three or more families or as an apartment house or terrace
building.
I. Essential Services: Services, including but not limited to sewer,
water, roads and other public or private infrastructures, which are required to
maintain public safety and well being.
J. Farm: A farm shall be a parcel of land which is
worked for commercial agricultural production as a single, continuous unit of
not less than five acres in extent.
K. Farm Yard: That area of a farm immediately around the
farm residence where accessory buildings are located and are used in
conjunction with general agricultural operations of the farm.
L.
Feedlot: The place of confined feeding of livestock or
other animals for food, fur, pleasure or resale purposes in yards, lots, pens,
buildings, or other areas not normally used for pasture or crops and in which substantial
amounts of manure or other related wastes may originate by reason of such
feeding of animals.
M. Home Business: Any occupation, trade, or profession carried
on at a dwelling or accessory structure.
N. Improvement: Any construction which is intended to
increase the value of a structure.
O. Junk
Yard: A place maintained for
keeping, storing or piling motor vehicles, machinery and/or parts thereof, or
other metal, or articles which from its worn condition render it practically
useless for the purpose for which it was made and which is commonly classed as
junk. This shall include a lot or a yard
for the keeping of unlicensed motor vehicles or the remains thereof, for the
purpose of dismantling, sale of parts, sale of scraps, storage or abandonment,
one or more automobiles, recreational vehicles, or tractors in an inoperable
condition shall be considered a junk yard.
This shall not prohibit the keeping of one or more unlicensed motor
vehicles within a garage or other structure in all districts. Farm trucks and implements within the
Agricultural Districts are exempt from this section.
P. Kennel: Any building or structure for the care and
housing of four or more animals of any size.
Q.
R. Platted: Any site surveyed by a registered surveyor
and presented in a form which meets the requirements to be registered with
S. Structure: Anything constructed or erected, the use of
which requires location on the ground or attachment to something having
location on the ground.
T. Structure Alteration: Any changes in the supporting members of a
building, such as bearing walls, columns, beams or girders or any substantial
change in the roof or exterior walls.
U. Transitional Building Lots: Building lots which are appropriate for
smaller single family dwellings which can be replaced by larger single family
homes, including temporary provisions for having two dwellings on the site.
V. Waterfront: Land adjoining water, either a river or a
lake and within 300 feet thereof.
X. Zoning Map: The areas comprising the zoning districts and
boundaries of said districts, as shown upon the maps attached hereto and made a
part of this Ordinance, being designated as City of
ARTICLE IV.
GENERAL REGULATIONS
The following regulations in
this section shall apply to all districts:
SECTION
1. Compliance Required
No land, building, structure
or a part thereof may be erected, altered, constructed, reconstructed,
maintained, used or occupied except in conformity with the provisions of this
ordinance. Any construction, repair, or
improvement, regardless of cost, must comply with all applicable codes,
including but not limited to official state building and electrical codes.
SECTION
2. Standards
A. District Performance Standards: No new construction shall hereafter be
approved, unless it meets or exceeds the performance standards for the district
in which the property is located.
B. Subdivisions: No new construction which involves the
subdivision of existing parcels shall be approved unless it meets the following
conditions:
1. The subdivision is platted according to
the provision of Article XVI Subdivisions.
2. Provisions are made for hook up to City
water and sewer, except in Rural Landscape Residential or Parks and Recreation
Districts
3. Provisions are made for adequate roads,
curb and gutter.
4. Provisions are made for access to
electricity and phone.
SECTION
3. Buildings Under
Construction
Any buildings or structure,
the construction of the whole or a part of which has been started prior to the
effective date of this ordinance may be completed.
SECTION
4. Essential Services
Essential services shall be
permitted as authorized and regulated by law and other ordinances, it being the
intention hereof to exempt such essential services from the application of this
ordinance.
SECTION
5.
Excavating of Mineral Material
No excavation of minerals
shall be allowed within the City limits.
SECTION
6. Fences
No fence, wall structure,
planting or obstruction shall be permitted which obstructs visibility on any
road, highway or street cross corner right-of-way in order to ensure traffic
visibility. This is not to include wire
fence which does not obstruct visibility or any fence which does not exceed 3
feet in height. Fences must meet the
performance standards for setbacks in each district and at a minimum must be
completely contained on the property of the person (s) or organization (s)
constructing the fence. No fence,
planting, or other structures shall be placed on the public right-of-way
without approval of the City.
SECTION 7. Dumping and Disposal of Rubbish
The use of land for the
dumping or disposal of solid waste, hazardous waste or nuclear waste is not
permitted within the City.
SECTION
8. Junk Yards
The use of property as junk
yard as defined within this Ordinance is not permitted within the City.
SECTION
9. Sanitary Provisions
All residential, commercial,
industrial, recreational, or agricultural facilities using and draining water
must be connected to City water and sewer with the exception of primitive camping
areas and Rural Landscape or Park and Recreation Districts with an approved set
of performance standards.
SECTION
10. Lagoons
Lagoons for the treating of
animal wastes are not permitted within the City boundaries.
SECTION
11. Animal Kennels
A. Animal kennels shall be located at least
200 feet from any residence or business, except that of the owner.
B. No farm or exotic animals shall be kept
within City boundaries.
SECTION 12.
Racing
No stock car racing, dirt
track racing or motor cycle racing shall be permitted within City boundaries
without a conditional use permit.
SECTION
13. Home Business
Home Business shall beet the
following conditions:
A. There is no sign used other than one
non-illuminated name plate measuring not more than 10 square feet in area.
B. Except by conditional use permit, no
person may operate any business, trade or occupation within a dwelling other
than a member of the immediate family residing on the premises.
C. The
business, trade or occupation shall be conducted within the dwelling or
accessory structure, and not more than 25% of the total floor area of the home
or 50% of the garage area is to be used for said home business.
D. The presence of the Home Business will
not cause significant, harmful and measurable increases in traffic, parking,
noise levels, or other disturbances.
E. A permit is obtained from the City
Clerk / Administrator.
SECTION 14.
Signs
A. The
purpose of this section is to protect, insure, maintain and regain the natural
and scenic beauty and attractiveness of the City and to insure public
safety. Signs are recognized as
accessory uses and are permitted in all districts subject to the regulations of
this ordinance.
B. No
sign is allowed that is a hazard to the public health, safety, convenience,
welfare, or that prevents ingress or egress from any door,
window or fire escape; that tends to accumulate debris as a fire hazard, or
that is attached to a standpipe or fire escape.
C. Signs shall not resemble, imitate, or
approximate the shape, size, form or color of railroad or traffic signs,
signals or devices. No sign shall be
placed so as to obstruct or interfere with traffic visibility or traffic
control.
D. Private signs are prohibited within the
public right-of-way shall conform to state and federal sign regulations.
F. The following signs will be permitted
in all districts subject to the specific standards indicated.
1) Signs
over show windows or doors of a non-conforming business establishment,
announcing without display or elaboration, only the name and occupation of the
proprietor, and not to exceed four feet in height and ten feet in length.
2) Real estate signs not to exceed sixteen
square feet in area which advertise the sale, rental, or lease of the premise
upon which the sign is temporarily located.
3) Name, occupation and warning signs not
to exceed sixteen square feet in area located on the premises.
4) Memorial signs, tablets and names of
building and date of erection, when cut into any masonry surface or when
constructed of metal and affixed flat against a structure.
5) Official signs such as traffic control,
parking regulations, information and notices.
6) Construction signs not exceeding
thirty-two square feet in area shall be allowed in all zoning districts during construction. Such signs shall be removed when the project
is completed.
7) Temporary signs or banners when
authorized by the City Council.
8) All other signs shall require a
Conditional Use Permit.
G. Signs
lawfully existing at the time of the adoption of this Ordinance may be
continued although the use, size or location does not conform with the provisions of this Ordinance. However, it shall be deemed a non-conforming
use.
H. Sign Maintenance
1) Painting. The owner of any sign shall be required to
have such sign property painted as needed, including all parts and supports of
the sign unless parts or supports are galvanized or otherwise treated to prevent
rust.
2) Area Around Sign. The
owner, or lessee of any sign, or the owner of the land on which the sign is
located shall keep the grass, weeds or other growth cut and the area free from
refuse between the sign and the street and also for a distance of six feet
behind and at the ends of said sign.
I. Any
sign which no longer advertises a bona fide business conducted or a product
sold shall be taken down and removed by the owner, agent or person having the
beneficial use of the building, or land upon which the sign may be found within
ten days after written notice form the City Clerk / Administrator.
J. Any
sign which becomes structurally unsafe, or endangers the safety of a building
or premises, or endangers the public safety, shall be taken down and removed by
the owner, agent or person having the beneficial use of the building,
structure, or land upon which the sign is located within ten days after written
notification from the Zoning Administrator.
ARTICLE
V. GR – GENERAL
RESIDENTIAL DISTRICT
SECTION 1.
Purpose
General Residential Districts
are established for the purpose of encouraging single or two family residential
development.
The major purpose of this district is to provide areas within the City
boundaries where urban development can take place at such time that urban
services can be readily extended and provided.
SECTION
2.
The following uses shall be permitted:
1) One
family dwellings.
2) Two family dwellings.
3) Temporary buildings for uses incidental
to construction work, which buildings shall be removed upon completion or
abandonment of such construction work.
4) Up to 3 accessory buildings or
structures or uses customarily incidental to any of the uses listed in this
section when located on the same property.
5) Public utility buildings, such as
substations, transformer stations and regulator stations without service or
storage yards, subject to approval of the City Council in consideration of
public health, safety and morals.
6) Home Business.
SECTION 3.
Uses
Requiring Conditional Use Permits
1) Affordable housing subdivisions or
developments which use unique lot sizes and configurations to lower housing
costs and are established under the provisions of Article XIV Subdivisions.
2) Single family dwellings with 750 square
feet of gross floor area per dwelling unit and 12 feet wide at the narrowest
point.
3) Single family dwelling on Transitional
Building Lots.
4) Multi-family dwellings provided a site
plan is submitted. A preliminary sketch
of the proposed sites shall be submitted to the City Council for approval prior
to surveying of the property. The final
site plan shall be submitted to the City Council following approval of the
preliminary sketch.
5) Bed and Breakfasts.
6) Home Business which employ non-family
members.
7) Over 3 accessory buildings, structures
or uses customarily incidental to any of the uses listed in this section when
located on the same property.
8) Side Yard Setbacks less than those in
the Performance Standards.
9) Sidewalls over 10 feet which fit the
surrounding landscape and buildings.
SECTION 4.
Performance
Standards for ALL Residential Districts
A. Structure Height Structure shall be limited to 30 feet in
height. Any structure exceeding 30 feet
in height shall require a conditional use permit. Structures may be granted conditional use
permits provided that:
1. The
Fire Chief and Building Inspector have approved;
2. The height of the structure will not
destroy a scenic view, will not shut off light or air from surrounding
properties, or otherwise be detrimental to the public; and
3. Structures over 30 feet in height shall
provide an additional five feet of side yard for each five feet in height over
35 or 30 feet in height, respectively.
B. Minimum Dwelling Size
1. Single
family and two family dwellings located in all Residential Districts shall
provide 950 square feet of gross floor area per dwelling unit, shall be 20 feet
wise at the narrowest point, and shall be affixed to a permanent foundation as
defined in the State Building Code.
2. Single family and two family dwellings
may provide 750 square feet of gross floor area per dwelling unit and may be 12
feet wide per dwelling unit at the narrowest point with a Conditional Use
Permit.
3. Multiple family dwelling having three
or more units shall provide a minimum of 600 square feet of gross floor area
per living unit.
4. In no case shall the combined square
feet of dwellings and accessory buildings exceed 70 per cent of the lot size
except in an affordable housing or multi-family developments.
C. Accessory Buildings
1. Maximum Floor Area – The combined
maximum floor are of all accessory buildings shall not exceed 1,500 square.
2. Maximum Side Wall Height – Side wall
height shall be limited to 10 feet.
D. Multiple Family Standards (Apartments,
Condominiums, Cooperatives, and Townhouses)
1. The preferred location is on arterial
or collector streets or in areas specifically designed for high density
development.
2. May be placed as buffers in appropriate
zoning districts between less dense residential uses and nonresidential uses.
3. Each
multiple family development containing three or more dwelling units shall have
a recreation area and adequate parking.
The size and equipment provided shall be determined with the assistance
of the City Council.
4. Sidewalks shall be provided from
parking area., trash collection areas, and recreation
areas to a principal building.
5. A multiple family development shall
have a front yard setback on any abutting street.
E. Supplemental
1. A single family dwelling may be erected
on a lot having less than the minimum required area and width provided the lot
existed by virtue of a recorded plat or deed on the effective date of this
Chapter. In no event shall a single
family dwelling be erected on a lot less than 5,000 square feet in area or less
than 40 feet in width measured at front building line.
2. Where adjacent structures within the
same block have front yard setbacks different from those required, the front
yard minimum setback shall be the average of the adjacent structures. If there is one adjacent structure, the
minimum front yard setback shall be the average of the adjacent structure and
the required setback. In no case shall
the front yard setback be less than 15 feet or exceed 35 feet.
F. Lighting
Lighting
used to illuminate a nonresidential use or sign shall be arranged so as to
deflect light away from adjoining residential property.
G. Affordable Housing Development
The
placing of residential dwelling units into compact groupings may be permitted
in any residential district following the completion and approval of a
preliminary and final plat provided common open space may be preserved as open
recreation space for recreational for for
preservation of natural or scenic resources.
H. Yard Requirements
1. The following requirements apply to all
residential dwellings unless otherwise outlined in uses requiring a Conditional
Use Permit in each Zoning District.
|
|
One Family |
Two Family |
Multi
Family |
Accessory
Buildings |
All Other
Uses |
|
|
7,000 |
12,000 |
18,000 |
|
14,000 |
|
|
50 |
75 |
75 |
|
75 |
|
Front Yard Setback |
25 |
25 |
25 |
25 |
75 |
|
Rear Yard Setback |
35 |
35 |
35 |
5 |
|
|
Side Yard Setback |
15 |
15 |
15 |
10 |
5 |
|
Dwelling (Min. Sq. Footage per Unit) |
950 |
750 |
600 |
|
|
|
Max. Sq. Ft. of Accessory Bldgs |
1,500 |
1,500 |
|
|
|
|
Minimum Width |
20 |
|
|
|
|
|
Maximum Height |
30 |
30 |
30 |
30 |
30 |
|
|
|
|
|
|
|
ARTICLE VI.
RL – RL LANDSCAPE RESIDENTIAL DISTRICT
SECTION 1.
Purpose
The Rural Residential District is intended to
provide an option for placing homes in areas where it is impractical or
undesirable to provide full City services to residents and a high quality
living environment can be established by using innovative lot designs, street
layouts, landscaping, and zoning district placement.
SECTION
2. The following uses shall be permitted:
1) One
family dwellings.
2) Temporary building for used incidental
to construction work, which building shall be removed upon completion or
abandonment of such construction work.
3) Up to 3 accessory buildings, structures
or uses customarily incidental to any of the uses listed in this section when
located on the same property.
4) Public utility buildings, such as
substations, transformer stations and regulator stations without service or
storage yards, subject to approval of the City Council in consideration of
public health, safety and morals.
SECTION 3.
Uses
Requiring Conditional Use Permits.
1) Two family dwellings.
2) Home Business.
3) Over 3 accessory buildings, structures
or uses customarily incidental to any of the uses listed in this section when
located on the same property.
4) Dwellings which are not served by City
sewer and/or water.
SECTION 4.
Performance
Standards
1) All requirements under Section 4. Performance Standards for All Residential
Districts shall serve as minimum standards.
2) All requirements of Roseau County
Septic System Ordinances as applicable to rural county areas, if City Sewer
services are not provided.
3) Any
Rural Landscape Residential District must establish an additional set of
performance standards for the entire District which outlines how the District
will meet the purpose as outlined in this section, especially maintaining a
high quality living environment.
Standards may address items including, but not limited to, larger lot
sizes, larger living space requirements, unique landscaping, and public
facilities design.
These
performance standards must address the requirements for a Site Plan as outlined
in Article XIII, Section 2, Site Plan if under 10
housing units and the requirements of Article XIV, Subdivisions if over 10
housing units.
The
City Council may require all landowners of dwellings or lots to establish land
covenants which reflect any performance standards for the District prior to any
new construction in the District.
ARTICLE
VII. MR – MULTI
FAMILY RESIDENTIAL DISTRICT
SECTION 1.
Purpose
Multi Family Residential
Districts are established for the purpose of promoting areas which are well suited for denser
residential development. The major
purpose of this district is to provide or identify areas within the City
boundaries where dense development can take place at such time that urban
services can be readily extended and provided.
SECTION
2. The following
uses shall be permitted:
1) One
family dwellings.
2) Two family dwellings
3) Multi-family dwellings.
4) Temporary buildings for uses incidental
to construction work, which buildings shall be removed upon completion or
abandonment of such construction work.
5) Up to 3 accessory buildings, structures
or uses customarily incidental to any of the uses listed in this section when
located on the same property.
6) Public utility buildings, such as
substations, transformer stations and regulator stations without service or
storage yards, subject to approval of the City Council in consideration of
public health, safety and morals.
7) Home Business.
SECTION 3.
Uses
Requiring Condition Use Permits
1) Affordable housing subdivisions or
developments which use unique lot sizes and configurations to lower housing
costs and are established under the provisions of Article XIV. Subdivisions.
2) Single family dwellings with 750 square
feet of gross floor area per dwelling unit and 12 feet wide at the narrowest
point.
3) Public, parochial, private and nursery
schools, churches, community buildings, and kennels.
4) Bed and Breakfasts.
5) Home Business which employ non-family
members.
6) Over 3 accessory buildings, structures
or uses customarily incidental to any of the uses listed in this section when
located on the same property.
7) Side Yard setbacks less than those
outlined in the Performance Standards.
SECTION 4.
Performance
Standards – See Section 4 under General Residential
ARTICLE VIII.
AL – LIMITED AGRICULTURAL
SECTION
1. Purpose
Limited Agricultural areas
are established for the purpose of allowing the existing use of land within the
City boundaries for commercial agricultural purposes.
SECTION
2. The following uses shall be permitted:
1) Agriculture and general farming,
excluding the raising of livestock and poultry, or dairying.
2) Farm, forestry, truck gardens, and
nurseries operated as home businesses.
3) Public utility buildings, such as
substations, transformer stations and regulator stations without service or
storage yards.
SECTION 3.
Uses requiring conditional use permits:
1) Owner occupied, single family housing.
2) Public, parochial, private and nursery
schools, churches, community buildings, and kennels.
3) Usual and customary accessory farm
buildings, including residence for farm employees or owners.
4) Home Business.
5) Commercial farm forestry, truck
gardens, and nurseries not included under Article 8, Section 2. Subsection 2 as
written above.
SECTION 4. Performance Standards.
1)
ARTICLE
IX. CM –
COMMERCIAL DISTRICT
SECTION 1. Purpose
The purpose of the Commercial
District is to allow for areas of concentrated retail and commercial operation
in the City limits which will serve the existing population with a minimum
impact on surrounding districts.
SECTION
2. The following uses shall be permitted:
1) Restaurants, including drive-ins.
2) Gasoline service stations and
commercial garages.
3) Automobile, truck, boat and trailer
sales and service establishments.
4) Motels and motor courts.
5) Bowling alleys and miniature golf
courses.
6) Personal service shops, such as barber
and beauty shops, shoe repair shops, laundry and dry cleaning pickup
establishments and other similar uses.
7) Medical and animal clinics.
8) Residence when included as an integral
part of the principal building to be occupied by the owner or his employee.
9) Accessory buildings or structures and
uses customarily incidental to any of the above listed uses when located on the
same property
10) Food services, including grocery stores,
meat markets, supermarkets, restaurants, delicatessens, fruit markets and other
similar uses.
11) Equipment services, including radio and
television shops, electrical appliance shops, show room of a plumber, decorator
or similar trade, or farm equipment.
12) Hotels, motels, private clubs, private
lodges, wholesale establishments, taverns and night clubs, trade schools,
commercial parking garages, sales rooms, public transportation terminals,
public utility buildings and transformer stations without storage yards.
13) Recreation services, including theaters,
bowling alleys, pool and billiard rooms, dancing academies and roller and ice
skating rinks.
14) Any commercial establishments or
professional services or commercial services not specifically stated or implied
elsewhere in this ordinance.
15) Buildings and uses customarily necessary
to any of the above permitted areas, or uses, but which will not be detrimental
either by reason of odor, smoke, noise or vibration to the surrounding
neighborhood.
SECTION 3.
Use
requiring Conditional Use Permits
1) Owner occupied or rental housing.
2) Adult Entertainment.
3) Kennels.
SECTION 4. Performance
Standards
1) All building permits shall include a
complete site plan.
2)
ARTICLE
X. ID – INDUSTRIAL DISTRICT
SECTION 1. Purpose
The purpose of the Industrial
District is to provide areas for industrial uses that may be located relatively
close to non-industrial districts with a minimum impact on those districts and
to restrict industries which pose problems of air pollution, noise and
vibration.
SECTION
2. The following uses shall be permitted:
1) Building materials storage yards.
2) Contractors equipment rental or storage
yards.
3) Fuel yards provided they meet all State
and Federal standards.
4) Public utility service buildings and
yards and electric transformer stations and substations.
5) Any wholesale business, including
warehousing and storage buildings, commercial laundries and dry cleaning
plants.
6) Manufacture, compounding or treatment
of such products as bakery goods, candy, cosmetics, dairy products, food products,
drugs, perfumes, pharmaceutical and toiletries.
7) Manufacturing,
compounding or treatment of such articles or merchandise from the following
previously prepared materials which have been manufactured elsewhere: bone, cellophane, canvas, cloth, cork,
feathers, felt, fiber, fur, glass, hair, leather, paper, plastics, precious or
semi-precious metals, or stones, shells, textiles, tobacco, wood (excluding planing mills) yards, and paint, not employing a boiling
process.
8) Any kind of manufacturing process or
treatment of product using light machinery such as tool and die shops and metal
fabricating plants.
SECTION 3. Uses
Requiring Conditional Use Permits:
1) Manufacturing of cement, lime, gypsum
or plaster.
2) Distillation of bone, coal, tar, petroleum,
refuse, grain or wood.
3) Explosive manufacture or storage.
4) Commercial fertilizer manufacturing,
compost or storage.
5) Petroleum or asphalt refining or
manufacturing.
6) Smelting or refining of metals from
ores.
7) Steam and board hammers and forging
presses.
8) Storing, curing and tanning of raw,
green or salted hides or skins.
9) Sulphurous,
sulfuric, nitric, picric, carbolic or hydrochloric or other corrosive acid
manufacturing and/or bulk storage thereof.
10) Quarrying and crushing of rock and other
minerals.
11) Any
lawful use of land or building not herein expressly prohibited or provided for
and which by its nature does not through noise, dirt, soot, offensive odors or
unsanitary conditions constitute either a public or private nuisance.
SECTION 4. Performance
Standards
1) All building permits shall include a
complete site plan.
2)
ARTICLE
XI. PR – PARKS AND
RECREATION
SECTION 1. Purpose
The purpose of the Parks and
Recreation District is to identify and promote areas of the City for a wide
range of recreational uses which require the construction of buildings and the
alteration of the natural terrain.
SECTION
2. The following uses shall be permitted:
1) Game and sport areas, pavilions,
bandstands, picnic shelters, recreational equipment, swimming areas, and
promotional events.
2) Primitive camping areas, including
outhouse facilities provided such facilities meet
3) Agricultural uses which existed at the
implementation of this Ordinance.
SECTION 3. Uses
Requiring Conditional Use Permits:
1) Campground facilities which offer
water, sewer, electrical, or modern restroom/shower facilities.
2) Hiking, biking, horseback riding, ATV,
snowmobile, or other trails which require alterations or which will cause
damage to the natural terrain.
3) Raising crops and cutting hay, for the
purpose of providing food and habitat for wildlife or for domestic livestock
under lease with the authority managing the wildlife area.
4) Public river access, marinas, or docks.
5) Commercial activities including food
stands, rental operations, souvenir stands, or public performing areas.
6) Dikes, dams, drainage systems,
spillways, or other alternations which affect water movement.
7) Structures or buildings for educational
purposes such as museums or learning centers.
8) Carnival rides, fireworks displays,
racing, livestock exhibits, circus performances, spectator orientated sporting
events, or other amusements and high intensity recreational uses.
9) Adequately
spaced single family housing with an additional set of performance standards
for the entire District which outlines how the District will meet the purpose
as outlined in this section, especially maintaining promoting recreation. Standards may address items including, but
not limited to, larger lot sizes, larger living space requirements, unique
landscaping, and public facilities design.
SECTION 4. Performance
Standards
1)
ARTICLE XII.
WL – WILDLIFE DISTRICT
SECTION
1. Purpose.
The purpose of the Wildlife
District is to preserve and protect areas of the City with unique and/or
fragile natural characteristics.
SECTION
2. The following uses shall be permitted:
1) Bird watching and nature study.
2) Non-motorized public and private
recreation which does not require any construction or physical altering of the
District and which poses no threat to the natural terrain and wildlife.
3) Public or private recreation which may
cause damage to the natural terrain.
4) Hiking, biking, horseback riding, ATV,
snowmobile, or other trails which require alterations or which will cause
damage to the natural terrain.
5) Raising crops and cutting hay, for the
purpose of providing food and habitat for wildlife or for domestic livestock
under lease with the authority managing the wildlife area.
6) Hunting or trapping to control animal
populations.
7) Structures related to educational or
instructional use of natural areas or making of natural areas provided such
structures do no unnecessarily distract from the original characteristics of the
area.
8) Owner directed hunting within City
ordinances.
SECTION 3. Uses
Requiring Conditional Use Permits
1) Owner occupied single family housing.
SECTION 4. Performance
Standards
1)
SECTION 5.
Condition
of the area
All of the land in the
Wildlife District is to be maintained in its natural state under the
supervision of the City Council. The
construction of buildings and other facilities is prohibited and the altering
of the natural terrain shall be limited to trail related activities.
ARTICLE XII.
NON-CONFORMING USE
A) The following provisions shall be
applicable to any non-conforming use in any of the districts:
1) Non-conforming
use, buildings: The lawful use of a
building or structure on land existing at the time of the adoption of this
ordinance may be continued although such does not conform with
the district provisions hereof.
2) Non-conforming
use, extension: A non-conforming use may
be extended throughout the building or structure, provided no structural
alterations or changes are made therein, except those required by law or
ordinance or such as may be necessary to secure or insure the continued
advantageous use of
the building during its natural life. A non-conforming use may not be extended to
any addition to a building built after the adoption of this ordinance.
3) Non-conforming
use, damaged: Any non-conforming
building or structure damage more than sixty percent of its then appraised
market value according to the Roseau County Assessors Office, exclusive of
foundations at the time of damage by fire, collapse, explosion, or acts of God
or public enemy, shall not be restored or reconstructed and used as before such
happening; but if less than sixty percent damaged above the foundation, it may
be restored, reconstructed or used as before, provided that it is done within
twelve months or happening and that it be build of like or similar materials.
4) Non-conforming
use, land: The non-conforming use of
land where a structure thereon is not so employed, existing at the time that
this ordinance becomes effective, may be continued provided: (a)
the non-conforming use of land shall not in any way be expanded or
extended whether on the same or adjoining property; (b) that if the non-conforming use of land, existing at the time this ordinance
became effective, is hereafter discontinued or changed, then the future use of
such land shall be in conformity with
the provisions of this ordinance.
5) Non-conforming
use, change: Whenever a non-conforming
use has been changed to a conforming use, or to a use permitted in a district
of greater restrictions, it shall be thereafter be changed to a non-conforming
use of a less restricted area.
6) Non-conforming
use, discontinuance: In the event that a
non-conforming use of any building, building and land, or land only, is
discontinued for a period of one year, the use of the same shall conform thereafter
to the uses permitted in the district in which it is located.
7) Non-conforming
use, zone change: The foregoing
provisions relative to non-conforming uses shall apply to buildings, land and
uses which hereafter become non-conforming due to reclassification of districts
under this ordinance.
8) Non-conforming
use, existing residents: Any tracts now
occupied as a residence at the time this ordinance is adopted, shall be
considered as having been zoned as a residential, regardless of whether or not
this property is zoned as such on the official zoning map. This shall apply to such property, whether
said property has been platted or is described by metes and bounds. Corrections on the map may be made at a
future date without a public hearing or upon request by the owner of such
property.
SECTION
1. Building Permits
A) Construction – On and after the effective
date of this ordinance no person shall:
-
erect any new
temporary or permanent structure, regardless of cost
-
add an addition
or move in an existing structure, regardless of cost
-
make improvements
where the cost exceeds $5,000
without
first completing a Building and Zoning Permit Application. Costs shall be based on an estimate of both
labor and materials.
1) Application for a building and zoning
permit shall be signed by the applicant for his agent and filed with the City
Administrator. The application shall be
accompanied by a site plan.
2) The application shall state the nature
of the proposed construction or addition, the estimated cost, the present and
proposed use of the land or any structure on the premises.
3) Documentation that all applicable
floodplain, shore land, septic system, wetland, and feedlot regulations have
been cleared.
4) Fees for a building permit shall be set
by the City Council.
B) Home Businesses – On and after the
effective date of this ordinance no person shall start a Home Business without
completing a building and zoning permit.
SECTION
2. Site Plan
Applications for a building
permit, conditional use permit, variance, or zoning amendment shall provide a
site plan with the specific information as required by the City Administrator
or as required in Performance Standards for the District. This may include any of the following:
1) Legal
description and lot size of the proposed development.
2) The location
of, distance to and size of adjoining boundary lines, drainage systems,
roadways, public utilities, residential properties, lagoons, kennels,
recreational areas, sensitive natural areas, racing facilities, feedlots,
parking lots, principal buildings, accessory uses, storage areas, required
buffers, existing improvements, and easements.
3) Soil
information.
4) Plans
for sanitary sewage disposal and surface drainage.
5) Location
and size of access to streets.
6) Landscaping
and elevation plans.
7) Stages
and timing of development program.
8) Such
other information as may be requested by the governing body.
SECTION
3. Conflict With
Other Laws
Whenever any provision of
this ordinance imposes requirements more stringent than required existing provisions
of the State of
SECTION
4. Conditional Use Permits
A) Conditions: Conditions may be imposed to protect the
health, safety, moral, and general welfare of the City to any new or amended
conditional use permit. The condition
shall be in addition to the requirement specified in the Section. The conditions may include, but are not
limited to, the following:
1) Increasing the required lot size or
yard dimensions;
2) Limiting the height, size or location
of the buildings;
3) Controlling the location and number of
motor vehicle access points;
4) Setting the street width;
5) Setting a required number of off-street
parking spaces;
6) Limiting the number, size, location, or
lighting of signs;
7) Requiring buffers, diking,
drainage, fencing, landscaping, or other facilities to protect adjacent or
nearby property;
8) Designating sites for open space;
9) Time limits and review dates;
10) Increased setbacks;
11) Such other conditions as the City may
require;
12) Payment of a fee as established by the
City Council in Article XII Fees.
B) Procedure
1) The applicant applying for a
conditional use permit shall fill out and submit to the City Administrator or
Clerk a Building and Zoning Permit Application form together with a fee as
established in Article XII Fees by the City Council. The Applicant shall also submit exhibits
deemed necessary by the City Administrator or Clerk to evaluate the
application.
2) The City Administrator shall transmit
the application for a conditional use permit and exhibits to the City Council
for public hearing..
3) A notice of the time, place, and
purpose of the hearing shall be published in the official newspaper of the City
at least ten (10) days prior to the day of the hearing.
4) A
notice of the time, place, and purpose of the hearing shall be mailed at least
ten (10) days before the day of the hearing to property owners within 350 feet
in a residential or commercial area or 1500 feet in any other area of the
property to which the variance relates.
Notice shall be in writing, mailed by first class mail, to be effective
on date of mailing. Failure to give
mailed notices to individual property owners or defects in the notice, shall not invalidate the proceedings, provided a
bona fide attempt to comply with this provision has been made.
5) The City Council shall hold a public
hearing of the proposed conditional use permit within 60 days after receipt of
the proposed variance.
6) Persons requesting a conditional use
permit shall appear before the City Council in order to answer any questions.
7) City Council shall report its
preliminary recommendation of approval, disapproval, or conditional approval of
the proposed conditional use permit to the applicant within 60 days after
receipt of the application.
8) The
City Council shall take final action on the application for conditional use
within 60 days after the preliminary recommendations. The City Council may approve, disapprove, or conditionally
approve a proposed conditional use permit.
9) Once denied by the City Council, an
application for a conditional use permit shall not be reconsidered for twelve
(12) months.
C) Review: When a
time limit or periodic review is included as condition by which a conditional
use permit is granted, the conditional use permit may be reviewed at a public
hearing with notice of the time, place, and purpose of said hearing published
at least ten (10) days prior to the review.
The holder of the conditional use permit shall receive ten (10) days
mailed notice of the time, place and purpose of the hearing to be effective on
date of mailing. It shall be the
responsibility of the City Administrator or Clerk to schedule such public
hearings and the owner of land having a conditional use permit shall not be
required to pay a fee for such review. A
public hearing for annual review of a conditional use permit may be granted at
the discretion of the City Council.
D) Time
Limits: Once issued, a conditional
use permit shall be null and void if the construction of the proposed project
has not been 20 percent completed within one year of the date that the conditional
use permit was granted. The conditional
use permit shall expire if that use shall cease for more than 12 consecutive
months.
E) Modification: Any modification involving structural
alterations, enlargement, intensification of use, or similar modifications not
specifically permitted by the conditional use permit shall require an amended
conditional use permit.
F) Conditional Use Review Criteria: No conditional use shall be approved by the
City Council unless the Commission shall find:
1) That
the conditional use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted not
substantially diminished and impair the property values within the immediate
vicinity.
2) That the establishment of the
conditional use will not impede the normal and orderly development and
improvement of surrounding vacant property for uses predominant in the area.
3) That adequate utilities, roads, water,
sewer, waste water treatment, solid waste disposal, access roads, drainage and
other necessary facilities have been or are being provided.
4) That
adequate measures have been or will be taken to prevent or control offensive
odor, fumes, dust, noise and vibration, so that none of these will constitute a
nuisance and to control lighted signs and other lights in such manner that no
disturbance to neighboring properties will result.
5) That adequate protection has been
provided for any unique or sensitive environmental conditions in the area.
6) Any use permitted under the terms of
any conditional use permit shall be established and conducted in conformity
with the terms of such permit and of any conditions designated in connection
therewith.
SECTION
5. Appeals
The City Council shall have
the power to hear and decide appeals from any order, requirement, decisions,
grant or refusal made by the City Administrator or Clerk in the administration
of this ordinance. An appeal shall be in
writing and filed in duplicate with the City Administrator or Clerk. Within ten (10) days after filing of the
appeal, the City Clerk shall transmit to the City Council all papers involved
in the proceedings. Upon receipt of this
material, the City Council shall set a hearing and give notice by mail of the
time, place and purpose thereof to the Appellant and to the City Clerk. The City Council may reverse, or affirm,
wholly or in part any ruling decision or determination and may issue or direct
the issuance of a permit. The decision
of the City Council is the only final administrative decision and may be
appealed to the
SECTION
6. Administration
It shall be the duty of the
City Council to administer and enforce the provisions of this ordinance. The City Council at its option may appoint a
City Inspector to administer and enforce under the direction of the City
Council, the provisions of the ordinance.
SECTION
7. Zoning Amendments
A) Criteria
for Granting Zoning Amendments: In
granting a request for a re-zoning, the City Council shall consider the effect
of the proposed zoning amendment upon health, safety, morals, and general
welfare of the occupants of surrounding lands.
Among other thins, the City Council shall make the following findings
where applicable.
1) That the re-zoning conforms to the
Comprehensive Plan for the City, as well as present land uses.
2) That the re-zoning will not impede the
normal and orderly development and improvement of surrounding property for uses
predominant in the area.
3) That the re-zoning will not adversely
affect property values of the adjacent landowners.
4) That the re-zoning will not impose
other undue hardship on adjacent landowners such as noise, electrical display
signs, odors, or other nuisances.
5) That necessary utilities be available
to serve the use intended.
6) That additional public service needed
by the re-zoning be considered.
7) That alternate areas previously zoned
for the intended use be considered.
8) That there is a public need for the
propose land use.
B) Procedure
1) Application for zoning amendment may in
initiated by the City Council or the property owner or agent of the property
owner.
2) Persons
wishing to initiate an application for zoning amendment shall fill out and
submit to the City Clerk a Building and Zoning Permit Application together with
a fee established by the City Council.
The applicant shall also submit exhibits deemed necessary for the City
Clerk and Council to evaluate the applications.
3) A notice of the time, place, and
purpose of the hearing shall be published in the official newspaper of the City
at least ten (10) days prior to the day of the hearing.
4) A
notice of the time, place, and purpose of the hearing shall be mailed at least
ten (10) days before the day of the hearing to property owners within 350 feet
in a residential or commercial area or 1500 feet in any other area of the
property to which the variance relates.
Notice shall be in writing, mailed by first class mail, to be effective
on date of mailing. Failure to give
mailed notices to individual property owners or defects in the notice, shall not invalidate the proceedings, provided a
bona fide attempt to comply with this provision has been made.
5) The City Council shall hold a public
hearing of the proposed zoning amendment within 60 days after receipt of the
proposed zoning amendment.
6) Persons requesting a zoning amendment
shall appear before the City Council in order to answer any questions.
7) The City Council shall report its
initial recommendation of approval, disapproval, or conditional approval of the
proposed zoning amendment to the applicant within 60 days after receipt of the
application.
8) The
City Council shall take final action on the application for variance within 60
days after the initial recommendation.
The City Council may approve, disapprove, or conditionally approve a
proposed variance. A two-thirds vote of
all its members is necessary for an approval or conditional approval.
9) Fees for a zoning amendment application
shall be as set in Article XII Fees.
SECTION
8. Petitions Previously Denied
A period of not less than one
year is required between presentation of petitions for
a change of amendment applying to a specific piece of property where prior
petition was denied.
SECTION
9. Variances
The City Council, upon
request, shall have the poser to authorize variances for the requirement of
this ordinance, and to attach such conditions to the variance as deems
necessary to assure compliance with the purpose of this ordinance.
A) Criteria for Granting Variances: A variance may be granted only in the event
that all of the following circumstances exist:
1) Exception
or extraordinary circumstances apply to the property which does not apply
generally to other properties in the same zoning district or vicinity and
result from lot size or shape, topography, or other circumstances over which
the owners of the property had no control.
2) That literal interpretation of the
provisions of this Section would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district under this Section.
3) That the special conditions or
circumstances do no result from the action of the applicant.
4) That granting the variance requested
will not confer on the applicant any special privilege that is denied by this
Section to owners of other lands, structures, or buildings in the same zoning
district.
5) The variance requested is the minimum
variance which would alleviate the undue hardship.
6) The variance would not be detrimental
to the purposes of this Section, to the Comprehensive Plan, or to the property
in the same zoning district.
B) Conditions: Conditions may be imposed to protect the
health, safety, moral, and general welfare of the City to any new or amended
variance. The conditions shall be in
addition to the requirements specified in this Section. The conditions may include, but are not
limited to, the following:
1) Increasing
the required lot size or yard dimensions;
2) Limiting
the height, size or location and number of motor vehicle access points;
3) Controlling
the location and number of motor vehicle access points;
4) Setting
the street width;
5) Setting
a required number of off-street parking spaces;
6) Limiting
the number, size, location, or lighting of signs;
7) Requiring buffers, diking,
drainage, fencing, landscaping, or other facilities to protect adjacent or
nearby property;
8) Designating sites for open space;
9) Time limits and review dates;
10) Such other conditions as the City may
require.
C) Procedure
1) The
applicant applying for a variance shall fill out and submit to the City
Administrator a Building and Zoning Permit Application together with a fee
establish in Article XII Fees. The applicant
shall also submit exhibits deemed necessary by the City Administrator to
evaluate the application.
2) The City Administrator shall transmit
the application for variance and exhibits to the City council for public
hearing.
3) A notice of the time, place, and
purpose of the hearing shall be published in the official newspaper of the City
at least ten (10) days prior to the day of the hearing.
4) A
notice of the time, place, and purpose of the hearing shall be mailed at least
ten (10) days before the day of the hearing to property owners within 350 feet
in a residential or commercial area or 1500 feet in any other area of the
property to which the variance relates.
Notice shall be in writing, mailed by first class mail, to be effective
on the date of mailing. 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 this provision has been made.
5) The City Council shall hold a public
hearing of the proposed variance within 60 days after receipt of the proposed
variance.
6) Persons requesting a variance shall
appear before the City Council in order to answer any questions.
7) The City Council shall report its
initial recommendation of approval, disapproval, or conditional approval of the
proposed variance to the applicant within 60 days after receipt of the
application.
8) The City Council shall take final
action on the application for variance within 60 days after the initial
recommendations. The Council may
approve, disapprove, or conditionally approve a proposed variance.
9) Once denied by the City Council, an
application for variance shall not be reconsidered to twelve (12) months.
SECTION
10. Violations and Penalties
Any person or corporation who
shall violate or refuse to comply with any of the provisions of this ordinance
shall be subject upon the conviction thereof, to a fine of not less than $10.00
nor more than $700.00 or imprisonment of not more than 90 days for each
offense; each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION
11. Effective Date
This Ordinance shall be effective upon its passage and
publication.
SECTION 12.
Validity
Should any section or
provision of this Ordinance be declared by a Court of competent jurisdiction to
be invalid such decision shall not affect the validity of the Ordinance as
whole or any part thereof other than the parts declared to be invalid.
Adopted by the City Council of Badger,
Check Type of Application: □ Building Permit □ Conditional Use Permit
□ Variance □ Zoning Amendment □ Home Business □ Subdivision
When do I need to make a Building and Zoning Application?
Building
Permit – when constructing or moving
any new structure, making interior or exterior alterations
Conditional
Use Permit – when you intended use
falls under a Conditional Use for the Zoning District of the property.
Variance – when your property use requires an exception to the
requirements outlined in the Badger City Zoning Ordinance, including any use
not specifically listed as a permitted use or a conditional use.
Zoning
Amendment – when you would like to
have your property and/or other property re-zoned from one zoning district to
another.
Home
Business – when you are running a
business in your home which employs only family members (employing non-family
members requires a conditional use permit).
Subdivision – when you dividing existing parcels of property.
APPLICANT INFORMATION (please print)
Name:_______________________________________________ Telephone #: ______________________
Address:_______________________________________________________________________________
Builder / Contractor (if known at
time of application): __________________________________________
Application is for: □ new construction □ demolition □ moving
□ alteration □ change in use
Proposed Use:
__________________________________________________________________________
Dimensions: (l x w x h)_________________________ Estimated
cost of project: $______________
The City Clerk will check all the
required items you need to provide on the next page of this application (the
Site Plan).
Have all applicable floodplain, shoreland, septic system, wetland, and feedlot regulations
been cleared?
□ YES □ NO
______________________________________________ ____________________________
Signature
of Applicant Date
Approvals
Needed (City Clerk will check):
_____City Clerk _________________________________(signature) ________________________(date)
_____City Council
________________________________(signature) ________________________(date)
_____Building Inspector
___________________________(signature) ________________________(date)
Site Plan
The City Clerk or Building Official will check the box in front of all items that apply to your request. Information may be provided on this page or attached pages.
Site Plan
□ Legal description and lot
size of the proposed development.
□ The location of, distance to, and size of
adjoining boundary lines, drainage systems, roadways, public utilities,
residential properties, lagoons, kennels, recreational areas, sensitive natural
areas, racing facilities, feedlots, parking lots, principal buildings,
accessory uses, storage areas, required buffers, existing improvements and
easements.
□ Soil information.
□ Plans for sanitary sewage disposal and surface drainage.
□ Location and size of access to streets.
□ Landscaping and elevation plans.
□ Stages and timing of development program.
□ Subdivision according to Article XIV (as amended) subdivision of
the Badger Zoning Ordinance.
□ Such other information as may be requested by the governing
body. (Items may include drawings, engineering reports, land surveys, etc.)
City Clerk or
Building Official should list below:
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
Building Permit Procedures
1. PERMIT APPLICATION
→Address
/ location
→Owner
→Builder
/ Permitee
→Use
of Building
→Set
of Plans (small projects may be oral with building official)
→Certification
of Survey (may be requested if boundaries are uncertain)
2. FEES
|
→ |
Building Permit (minimum) |
|
$ 25.00 |
|
→ |
Conditional Use Permit |
|
$ 20.00 |
|
→ |
Variance |
|
$ 25.00 |
|
→ |
Zoning Amendment |
|
$ 50.00 |
|
→ |
Subdivision |
|
$100.00 |
|
→ |
Building Inspection Fee |
|
$0.0025 of valuation |
|
→ |
State Surcharge |
|
$0.0005 of valuation |
3. INSPECTIONS
After permit is signed by Building Official, IT IS THE
PERMITEE’S RESPONSIBILITY TO REQUEST IN ADVANCE THE FOLLOWING INSPECTIONS:
→Reinforcing steel and structural framework must
be approved by the Building Official BEFORE covering.
→Foundation inspection.
→Concrete slab or under-floor
inspection.
→Frame inspection.
→Insulation inspection.
→Lath and/or gypsum board inspection when part
of a structure or fire-related assembly.
→Manufactured home setup
inspection (MSBC 1350.2100).
→Re-roofing inspection at
completion of work (UBC Appendix 1515.2.2).
→Final inspection.
→Special inspections as required by UBC Chapter
17 (special inspections specified by the engineer of record to be approved by
the Building Official may include but are not limited to soils, concrete,
welding, high-strength bolting, spray-applied fireproofing and pilings).
→Other inspections as required by the Building
Official to verify compliance with the building code and other laws which are
enforced by the code enforcement agency.
The Building Official is responsible to determine which
inspections are necessary for all construction activity regulated by the
code. Other codes may have additional
inspection requirements.
4. CONTACT PERSON
Please contact Building Official AT LEAST ONE WORK DAY
IN ADVANCE for highlighted inspections.
Specification for Application
Manufactured Home Placement in the City
of
General Information
City of Badger’s Zoning Ordinance
Article V. GR-General Residential District
Section 3. Uses Requiring Conditional Use Permits
2) Single
family dwellings with 750 square feet of gross floor space per dwelling unit
and 12 feet wide at the narrowest point.
Section 4. Performance Standards for All Residential
Districts
B. Minimum Dwelling Size
1) Single family and two family dwellings located in
all Residential Districts shall provide 950 square feet of gross floor area per
dwelling unit, shall be 20 feet wide at the narrowest point, and shall be
affixed to a permanent foundation as defined with a Conditional Use Permit.
2. Single
Family and two family dwellings may provide 750 square feet of gross floor area
per dwelling unit and may be 12 feet wide per dwelling unit at the narrowest
point with a Conditional Use Permit.
ALL persons moving a manufactured home into or out of
(including those manufactured homes that will be placed in mobile home parks)
of the City of
ANY mobile home court owner or ANY person moving a
manufactured home into a manufactured home into a mobile home park MUST apply
for city water / sewer service and pay the required deposit before service will
be provided by the City and / or mobile home park owner.
BUILDING PERMIT APPLICANT: PROPERTY
OWNER
I understand that the State of
Furthermore, I acknowledge that I may be hiring
independent contractors to perform certain aspects of the construction or
improvement of this house and I understand that unlicensed residential
contracting, remodeling, and/or roofing activity is a misdemeanor under
Minnesota law, and that I would forfeit my rights to reimbursement from the
Contractor’s Recovery Fund in the event that any contractors I hire are
unlicensed.
____________________________________
Signature of Homeowner
____________________________________
Date
To determine whether a particular contractor is
required to be licensed, or to check on the licensing status of individual
contractors, please call the Minnesota Department of Commerce, Enforcement
Division at (612) 296-2594, or toll-free at (800) 657-3602.
ARTICLE
CV. SUBDIVISIONS
(PLATTING)
SECTION 1.
Purpose
To regulate the subdividing of land within the City
and surrounding areas so that new additions will be integrated with the
Comprehensive Plan for Badger and will contribute to an attractive, stable and
wholesome community environment.
Geographic Jurisdiction: The area
within the corporate limits of Badger and the area extending two miles beyond
its corporate limits.
SECTION 2. Definitions
The following terms, as used in this Chapter, shall
have the meanings stated:
A. Alley: A public right-of-way usually 20 feet or less
in width which normally affords a secondary means of vehicular access to
abutting property.
D. Cul-de-sac: A short street having but one end open to
traffic and the other end being permanently terminated to a vehicular turn
around.
E. Comprehensive
Plan: The policy document which
serves as a guide for the future physical development of the City and entitled
“City of
H.
I. Plat: A map, drawing or chart in which the
sub-divider’s plan of subdivision is presented to the Planning Commission and
City Council for approval.
J. Subdivision
: The division of a parcel of land into
two or more lots or parcels for the purpose of transfer or ownership or
building development, or, if a new street is involved, any division of a parcel
of land; provided that:
1) A
division of land for agricultural purposes into lots or parcels of five acres
or more and not involving a new street shall not be deemed a subdivision.
2) Such
parcel is co-extensive with a separate parcel of record at the effective date
of this Chapter.
3) An
agreement to convey such a parcel has been entered into prior to such time and
the instrument showing the agreement to convey is recorded in the office of the
Roseau County Registrar of Deeds within one year thereafter.
4) Such
parcel is co-extensive with a lot unit or units described with reference to a
plat or auditor’s subdivision duly filed and of record in the office of the
Roseau County Registrar of Deeds prior to the effective date of this chapter.
K. Subdivision: Includes “re-subdivision” and, when
appropriate to the context, shall relate to the process of subdividing or to
the land subdivided.
SECTION 3.
Plat
Presentation Procedures
The following procedures shall be followed in the
administration of the Chapter and no real property within the jurisdiction of
this Chapter shall be subdivided and offered for sale or a plat recorded until
a pre-application meeting has been haled and Preliminary Plat and a Final Plat
of the proposed subdivision have been reviewed by the City Council and its
technical assistants and until the Final Plat has been approved by the City
Council as set forth in the procedures provided herein. Plans of group developments for housing,
commercial, industrial or other uses or for any combination of uses designed
for sale or rental purposes shall be presented in the same manner as other
plats for the review of the Planning Commission and the approval of the
Council.
A. Pre-Application
Meeting
Prior to the submission of any plat for consideration
to the Council, the sub-divider shall meet with such Council, or any individual
to whom the Council may delegate this responsibility, to introduce himself as a
potential sub-divider and learn what shall be expected of him in such capacity
and to determine the relationship of his proposed subdivision with the
Comprehensive Plan for the affected area.
B. Preliminary
Plat Approval
1) The
sub-divider shall engage a registered land surveyor or engineer to prepare a
Preliminary Plat of the area to be subdivided.
2) The
sub-divider shall submit twelve (12) copies of the Preliminary Plat to the City
Clerk with a filing fee established in Article XII Fees at least fourteen (14)
days prior to the City Administrator meeting at which such Plat is to be
considered.
3) The
City Administrator or Clerk shall submit one copy of the Preliminary Plat to
each City Council member and one copy to the City Engineer or Building
Inspector no later than three days after its receipt.
4) The
City Engineer or Building Inspector shall review the Preliminary Plat and shall
transmit a report of his reaction together with any supporting material to the
City Council prior to the meeting at which the Plat is to be considered.
5) The
City Council may require qualified technical services, such as land planning
and legal to review the Preliminary 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, and other features. The sub-divider may be required to pay the
cost of such services.
6) The
City Council shall review the Preliminary Plat, considering the reports of the
City Engineer and other technicians, if applicable, and shall either reject,
approve subject to revision, or approve the proposal within 45 days of
submittal to the City Clerk. If
disapproved, the Commission shall set forth the grounds for such refusal in its
proceedings and shall transmit them to the sub-divider. If approved, the design is thereby accepted
as a basis for the preparation of the Final Plat.
C. Final
Plat Approval
1) The
sub-divider shall engage a registered land surveyor to prepare a Final Plat
which shall constitute that portion of the Preliminary Plat which the
sub-divider proposes to record and develop at the time.
2) The
sub-divider shall submit four copies of the Final Plat to the City Clerk at
least 14 days before the City Council meeting at which such Plat is to be
considered. Such Final Plat shall be
submitted within one year of Preliminary Plat approval; otherwise, such
approval shall become null and void. In
the event the Preliminary Plat is not entirely platted in final form within
five years of approval, such Preliminary Plat shall be re-submitted to the City
Council for its review and action, otherwise the initial approval shall be
considered null and void.
3) The
City Clerk shall transmit one copy of the Final Plat to the City Council and
one copy to the City Engineer no later than three days after is receipt.
4) The
City Engineer shall review the Final Plat and shall transmit a report of his
reaction to the City Council prior to the meeting at which such Plat is to be
considered.
5) The
City Council shall study the Final Plat, considering the reports of the City
Engineer and other City Departments and/or employees, and then shall transmit
its action to the Council within 45 days of submittal to the City Clerk.
6) The
Council shall act upon the Final Plat within 30 days of City Council approval,
whereupon the Clerk-Treasurer shall notify the sub-divider of the Council’s
action.
7) The
sub-divider shall file the approved Final Plat with the City Clerk, and shall
record the Final Plat with the Roseau County Registrar of Deeds within 30 days
of Final Plat approval; otherwise, such approval shall be considered null and
void.
8) The
sub-divider shall furnish a duplicate and one paper print of the Final Plat as
recorded to the City Clerk.
SECTION 4. Plat Presentation
Requirements
Information
required to be shown in Preliminary and Final Plats shall be as follows:
A. Preliminary
Plat Data
1) Identification and Description:
a. Proposed
name of subdivision, which name shall not duplicate or be similar in
pronunciation to the name of any plat heretofore recorded.
b. Location
by section, town, range or by other legal description.
c. Names
and addresses of the owner, sub-divider, surveyor and designer of the plan.
2) Existing conditions in tract and in
surrounding area to a distance of 300 feet:
a. Boundary
line of proposed subdivision clearly indicated.
b. Total
approximate acreage.
c. Platted
streets, railroad right-of-way and utility easements.
d. Boundary
lines and ownership of adjoining un-subdivided land.
e. Sewers,
water mains, culverts or other underground facilities.
f. Permanent
buildings and structures.
g. Other
information, such as soil tests and contours, if requested by the City Council
to aid in review.
3) Subdivision Design Features
a. Layout
and width of proposed streets and utility easements showing street names, lot
dimensions, parks and other public areas.
The street layout shall include all contiguous land owned or controlled
by the sub-divider.
b. Proposed
use of all parcels, and if zoning change is contemplated, proposed re-zoning.
4) Plan of the Entire Area
Where a tract of land is proposed for subdivision that
is a part of larger logical subdivision unit, the City Council may cause to be
prepared a “Plan of the Entire Area”, such plan to be used by the Commission to
aid in judging the proposed plat.
B. Final
Plat Data
1) Identification and description data as
required for the Preliminary Plat.
2) Boundaries
of the property; lines of all proposed streets and alleys, with their width,
and any other areas intended for public use.
3) Lines
of adjoining streets and alleys, with their width and names.
4) All
lot lines, building lines and easements, showing their dimensions.
5) An
identification system for all lots and blocks.
6) Data
required under regulation by the Roseau County Surveyor, i.e., accurate angular
and linear dimensions for all lines, angles and curvatures used to describe
boundaries, streets, easements and other important features.
7) Soil
borings, if request by the City Engineer.
8) Certification
by a registered land surveyor to the effect that the Plat represents a survey
made by him and that monuments and markers thereon exist as located and that
all dimensional and geodetic details are correct.
9) Notarized
certification by owner, and by any mortgage holder of record, of the adoption
of the Plat and the dedication of streets and other public areas.
10) Certification
showing that all taxes currently due on the property to be subdivided have been paid in full.
Generally,
design standards shall assure that the layout of the subdivision harmonizes
with existing plans affecting the development and its surroundings and shall be
in conformity with the City’s development objectives for the entire area. No Plat shall be approved for any subdivision
which covers an area subject to periodic flooding or which is otherwise poorly
drained unless the sub-divider agrees to make improvements which will, in the
opinion of the City Engineer, made the area completely safe for occupancy, and
adequate street and lot drainage.
A. Circulation
a. The
design of all streets shall be considered in their relation to existing and
planned streets, to reasonable circulation of traffic, to topographic
conditions, to runoff of storm water and to the proposed uses of the area to be
served.
b. Where
new streets extend existing adjoining street their projections shall be at the
same or greater width, but in no case less than the minimum required width.
c. Where
adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall make provision for the proper projection of streets. When a new subdivision adjoins un-subdivided
land susceptible to being subdivided, then the new streets shall be carried to
the boundaries of such un-subdivided land.
2) Street Width and Grades
The following standards
of street design shall be observed by the sub-divider:
|
Minimum Street Category |
Minimum Width Right-of-Way |
Width Pavement |
Minimum Grade |
|
Arterial |
70 feet |
44 feet |
0.2% |
|
Collector |
60 feet |
40 feet |
0.2% |
|
Local |
50 feet |
36 feet |
0.2% |
3) Cul-de-sacs: Each cul-de-sac shall be provided at the
closed end with a turn around having a minimum outside roadway diameter of 100
feet, and a minimum street property line diameter of 120 feet.
4) Local Streets: Local streets shall be so aligned that their
use by through traffic will be discouraged.
5) Street
Jogs: Street jogs with center line
off-sets of less than 125 feet shall be avoided.
6) Street
Intersections: Insofar as practical,
streets shall intersect at right angles and no intersection shall be at an
angle of less than 60 degrees. It must
be evidenced that safe and efficient traffic flow is encouraged. No intersection shall contain more than four
corners.
7) Half
Streets: Half Streets shall be
prohibited except where the Council finds it to be practicable to require the
dedication of the other half when the adjoining property is subdivided.
8) Street
Names: Proposed streets obviously in
alignment with existing and named streets shall bear the names of such existing
streets. In no case shall the name of
the proposed street duplicate existing street names, including phonetical similarities.
9) Private
Streets: Public improvements shall not
be approved for any private street.
10) Local
Service Drives: Where a proposed plat is
adjacent to a major thoroughfare, the Council may require the developer to
provide local service drives along the right-of-way of such facilities or they
may require that lots should back on thoroughfares, in which case, vehicular
and pedestrian access between the lots and thoroughfares shall be prohibited.
11) Access
to Arterial and Collector Roadways:
Where a proposed plat is adjacent to an arterial or collector roadway as
designated by the Comprehensive Plan, spacing between access point to such
thoroughfares of less than 660 feet for collectors and 1,320 feet for arterial
shall be avoided except where impractical or impossible due to existing
property divisions or topography.
12) Corners: Curb lines at street intersections shall be
rounded at a radius of not less than 12 feet.
13) Residential
Alleys: Alleys shall be prohibited
unless special permission is granted by the Council for their provision.
14) Hardship
to Owners of Adjoining Property: The
street arrangement shall not be such as to cause hardship to owners of
adjoining property in platting their own land and providing convenient access
to it.
B. Easements
1) Utilities: Easements of at least 10 feet wide centered
on real lot lines shall be provided for utilities where necessary. Easements for storm or sanitary sewers shall
be at least 20 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 which would interfere with the free movement of utility service
vehicles.
2) Water
Courses: When a subdivision is traversed
by a water course, drainage way, channel or stream, there shall be provided a
storm water easement of 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.
C. Blocks
1) Length: Block lengths shall not exceed 1,200 feet.
2) Pedestrian
Walkways: In blocks longer than 600
feet, a pedestrian crossway with a minimum right-of-way of 20 feet shall be
required near the center of the block.
Additional access ways to schools, parks and other destinations shall be
provided if requested by the City Council at the time of the Preliminary Plat
review.
D. Lots
1) Layout: Where possible, side lot lines shall be at
right angles to straight street lines or radial to curved street lines. Lots with frontage on two parallel local
streets shall be prohibited.
2) Size
and Dimension: Minimum lot area and
lateral dimensions shall be as set forth in the Zoning Chapter of the City
Code.
3) Corner
Lots: Corner lots shall be platted at
least 10 per cent wider than the minimum lot width required.
4) Natural
Features: In the subdivision of land,
due regard shall be shown for all natural features which, if preserved, will
add attractiveness and stability to the proposed development and which may alter
normal lot platting.
5) Lots
along Thoroughfare: There shall be no
direct vehicular access from residential lots to arterial streets, and such
access to collector streets shall be avoided where possible. Residential lots shall be separated from highways,
arterial streets and railroad rights-of-way by a 25-foot buffer strip, which
may be in the form of added depth or width of lots backing on or siding on the
thoroughfares or railroad right-of-way.
6) Lot
Remnants:
SECTION 6. Required Improvements
Improvements
shall be made in all subdivisions according to the following requirements.
A. Monuments: Steel monuments shall be placed at all block
corners, angle points, points of curves in streets and at intermediate points
as shown on the Final Plat. Such
installation shall be the sub-divider’s expense and responsibility. All
B. Streets
1) Grading: Streets shall be graded to the full width of
the right-of-way in accordance with the street grades submitted to and approved
by the City Engineer or as established by him.
All street grading and gravel base construction will be in accordance
with specifications on file in the City Office.
Grading will 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.
2) Surfacing: Following City Engineer 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 Engineer, approved by the Council, and
on file in the City Clerk’s office.
C. Utilities
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 laterals shall be laid to the property line ending at the corporation
cock.
1) Sanitary
Sewer: Sanitary sewer facilities
adequate to serve the subdivision shall be installed in accordance with the
latest plans and specifications of the City Engineer and shall meet the requirements
of the master plan for water main extensions of the City.
2) Water
Supply: Water distribution facilities
adequate to serve the subdivision shall be installed in accordance with the
latest plans and specifications of the City Engineer and shall meet the requirements
of the master plan for water main extensions of the City.
D. Drainage
Facilities
Storm sewer and/or other surface drainage facilities
shall be installed as determined to be necessary by the City Engineer for the
proper drainage of surface waters.
E. Sidewalks
Sidewalks, when provided, shall be of monolithic
concrete, four inches in thickness with pitch and surface as approved by the
City Engineer, with a required width for sidewalks of 5 feet on collector
streets, on collector streets, and 4 feet on local or frontage streets, and a
required minimum width for crosswalks of 5 feet subject to approval of the City
Engineer.
F. Tree
Planting or Street Trees
Street trees shall be planted not less than 40 feet
apart with a minimum of one per lot.
They shall be planted within 30 feet of the intersection of curb lines
on corner lots. Only those varieties approved
by the City Engineer shall be used.
G. Specification
/ Inspections
Unless otherwise stated, all of the required
improvements shall conform to engineering standards and specifications as
required by the Council. Such
improvements shall be subject to inspection and approval by, and shall be made
in sequence as determined by the City Engineer.
H. Financing
The developer shall be required to pay for all or a
portion of the above required improvements according to the following schedule.
1) Sanitary
Sewers: Benefit rates will be based on
the total cost of construction the sanitary sewer necessary to serve the
development site together with any area or district wide benefits for prior construction
for which the City may have paid. Any
over-sizing of sewers or depths greater than that required to serve the site
will be paid for by the City or will be assessed on an area basis.
2) Water
Mains: Benefit rates will be based on
the total cost of constructing water mains to serve the development site. In the case of residential developments the
benefit rate will be based on the total cost of constructing a six-inch water
main including hydrant installation at normal spacing, with the City paying the
cost of gate valves and any pipe over-sizing necessary to serve additional
areas beyond the proposed site.
3) Storm
Drainage: Benefit rates will be based on
the cost of constructing storm sewer necessary to provide adequate drainage of
the development site. City
participation, if any, will be considered on an individual basis.
4) Streets: City to pay the cost of excavating and
placing granular backfill. The balance
of the cost to complete the street improvement will be assessed against benefited
property.
5) Electrical
Service: Sub-divider shall pay 50
percent of the construction of underground electric power service. Prior to sale of lots, all special
assessments against such lots shall be paid in full by the sub-divider.
I. Review
and Inspection
The sub-divider shall pay for all costs incurred by
the City for subdivision review and inspection.
This would include preparation and review of plans and specifications by
technical assistants and cost incurred by the City Attorney, as well as other
costs of similar nature.
SECTION 7.
All
new subdivisions shall dedicate at least 5 percent (5%) of the gross area or
all property in the subdivision which is zoned Residential for public use as
playgrounds. Such five percent (5%) is
in addition to the property dedicated for streets or other public ways. In the event the location or size of the land
to be dedicated does not conform to comprehensive plan proposals or to other
development objectives for the subject area, the Council may require a cash
payment to be used for other park or playground purposes.
SECTION 8. Administration and
Enforcement
A. Responsible
Official: It shall be the duty of
the Council to see that the provisions of this Chapter are properly enforced.
B. Building
Permit: No building permit shall be
issued by governing official for the construction of any buildings, structures
or improvement on any land henceforth subdivided until all requirements of this
Chapter have been fully complied with.
C. Variances: The Council shall have the power to vary from
the requirements of this Chapter when supporting evidence indicates that:
1) Because
of the particular physical surroundings, shape or topographic conditions of the
land involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter of the
regulations were to be carried out.
2) The
conditions upon which the petition for a variance is based are unique to the
tract of land for which the variance is sought and one not applicable,
generally to the other property with the same zoning classification.
3) The
purpose of the variance is not based exclusively upon a desire to increase the
value or income potential of the parcel of land.
4) The
alleged difficulty or hardship is caused by the provisions of this Chapter and
has not been created by any persons presently or formerly having an interest in
the parcel of land.
5) The
granting of the variance will not be detrimental to the public welfare or
injuries to other land or improvements in the vicinity in which tract of land
is located.
6) The
proposed variance will not substantially increase congestion of the public
streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
D. Variances
to Subdivision Regulations for
The Planning Commission may recommend to the Council
that variances be granted from the requirements of this Chapter for properties
located outside the City Limits but within two (2) miles thereof upon
completion of the following procedure:
1) Land
Suitability
a. If
the Planning Commission or Council finds that the land to be subdivided is
unsuitable for the proposed development due to high agricultural productivity,
flooding, poor drainage, steep slopes, rock formations or other conditions that
may adversely affect the public and if from adequate investigation it has been
determined that in the best interest of the public land should not be
subdivided, the Planning Commission shall not approve the application for a
variance unless adequate methods are found by the sub-divider to alleviate the
problem.
b. The
Planning Commission may refuse to approve what it considers scattered or
premature subdivision of land by reason of a lack of adequate water supply,
sewerage treatment, schools, roads, proper drainage, or other public services
which would necessitate an excessive expenditure of public funds for the supply
of such services. The decisions of the
Planning Commission under this Subdivision are appealable to the Council which
shall have the authority of final decision as to requests for variances and are
reviewable by the Council on its own motion.
2) The
sub-divider shall prepare a plan and plat in conformance with all the
requirements of this Chapter.
3) In
substitution for Section 12.06, the Council, upon recommendation from the
Planning Commission, shall enter into an agreement known as a Developer’s
Contract which will detail what capital improvements are required, when they
are to be installed, and whose responsibility the improvements shall become.
4) A
notice to surrounding landowners and the township and City officers shall be
sent upon receipt of an application for a variance under this Subdivision, in
addition to public hearing, required by State law, will be held before the
Planning Commission and Council prior to the issuance of the permit.
5) If
the proposed subdivision is outside the corporate boundaries of the City and
the County, township or developer has not certified in writing that they will
assume all responsibility for repair and maintenance of dedicated roadways
until annexed to the City; or the County, or township has not certified in
writing that it has the capacity for and will provide police and fire
protection and on-site sewer system inspections to insure proper installation,
the Planning Commission may refuse to approve the subdivision.
6) A
$25.00 fee shall be required for each variance application under this
Subdivision.
SECTION 9. Developers Agreement
A
Developers Agreement shall be completed prior to the recording of a new
subdivision with
SECTION 10. Violation a Misdemeanor
Every
person violates a section, subdivision, paragraph or provision of this Chapter
when he performs an act thereby prohibited or declared unlawful, or fails to
act when such failure is thereby prohibited or declared unlawful, and upon
conviction thereof, shall be punished as for a misdemeanor except as otherwise
stated in specific provisions hereof.
SECTION 1. Fees
1) Building
Permits: Fees for Building Permits
shall be as set by the City Council. The
recommended starting point shall be $10.00.
2) Conditional
Use Permit: Fees for Conditional Use
Permits shall be $20.00.
3) Variance: Fees for Variances shall be $25.00.
4) Zoning
Amendment: Fees for a Zoning
Amendment shall be $50.00.
5) Subdivision: Fees for a Subdivision Application shall be
$100.00.