st. louis county draft zoning ordinance 62 ordinance 46 re-write

St. Louis County Draft Zoning Ordinance 62

ORDINANCE 46 RE-WRITE

Draft Goals

• Planning and Community Development staff outlined draft goals for a new zoning ordinance. These goals were grouped in the three broad categories: land use goals, product goals (goals for the ordinance document itself), and process goals.

Land Use Goals

• Encourage efficient use of land by dividing the county into zones and regulating the land use and placement of all structures to encourage the most appropriate use of land in the county

• Preserve the economic and environmental values of lands within the county

• Protect the public waters within the county and ensure compatibility of the designated type of land use with the public waters classification given by the Department of Natural Resources

Product Goals

•Minimize ambiguity

• Ensure consistency with other established ordinances and regulations

• Remove administrative requirements that apply to application forms and other required submissions

• Reorganization for better flow and clarity

Process Goals

• Simplify the permitting process to the greatest extent possible and clearly define that process

• Develop clear administrative and performance standards

• Update the ordinance to better meet needs of St. Louis County residents in terms of uses and types of structures allowed

Significant features of the new ordinance

• Better definitions section with clear relationship to the subdivision ordinance, state statutes and rules

Significant features of the new ordinance

• Rewrite of Article V, Land Use Controls to better identify what types of uses are allowed in zone districts and what type of permitting is necessary for those uses

• Includes new Interim Use Permit for Borrow/Gravel pits, under certain circumstances

Significant features of the new ordinance

• Rewrite of Article VI, Performance and Administrative Standards

Significant features of the new ordinance

• Addition of Section, Closed Landfills and Dumpsites, as per state statute

Significant features of the new ordinance

• Clear references to other ordinances and policies to eliminate conflicting information

• Consistent organization to improve readability

Article I

GENERAL STANDARDS AND ADMINISTRATION

No changes

Article II

GENERAL PROVISIONS

Reorganization

• Reorganized sections for better flow and clarity.

• Grouped sections that related to each other together to lessen the need to flip back and forth through the document

Article II

DEFINITIONS

New

• Access – A way of approaching or entering property without trespassing upon another person’s property.

New

• Accessory dwelling - A structure used as a dwelling unit that may contain sleeping spaces, kitchen and bathroom facilities, in addition to those provided in the principal structure. (See guest cottage).

New

• Agricultural use – A category of uses that includes, but is not limited to production, sale or lease of crops (plants), livestock, horses, poultry, fish, bees, and pets including the breeding and grazing of animals.

New

• Change in use - An alteration in the permitted use of an existing structure for premises to be used for a different purpose, such as house or cabin to become a storage building or a shop to become a restaurant.

New

•Department – The Planning and Community Development Department, designated to administer the zoning ordinance and other land use official controls, referred to in this ordinance as “Department.”

New

•Director – The Planning and Community Development Director of St. Louis County, MN, or authorized representative, as designated by the County Board of Commissioners to administer the zoning ordinance and other land use official controls, referred to in this ordinance as “Director.”

New

• Interim use - A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it, as defined in MN Statutes 394.303.

New

• Parent parcel - A parcel of land that is at least twice the minimum lot width and area required by the Zoning Ordinance and that is of record upon August 13, 2013.

New

• Practical difficulty – As defined per Minnesota Statute 394.27 Subd. 7.

New

• Property line-The boundary line between two pieces of property, including the front, rear, and side boundaries.

New

• Public/semipublic use – The use of land by a public or private nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

New

• Public transportation terminal - A category of uses that includes, but is not limited to airports, buses, subways, trains, trucking.

New

• Recreational vehicle (RV) park – As defined per Minnesota Statute.

New

• Residential use - A category of uses that includes, but is not limited to seasonal residences, hunting shacks, single family dwellings, home businesses, and home occupations.

Struck from Ordinance

• Amateur radio operator

• Basement

• Commercial communication towers

• Commercial establishment

• Commissioner (DNR)

• Community Center Facility

• Failing septic system

• Family

• Filter strip

• Hardship

• Highway commercial uses

• Improved public road

• Neighborhood commercial uses

• Planned unit development

• Planning Director (replaced with “Director”)

• Public facility renovation

• Rural industry

• Semi-public use (replaced with Public/semi-public use)

• Sensitive resource management

Struck from Ordinance

• Sewer system

• Sign, off site

• Sign, on site (replaced with Outdoor sign)

• Surface water oriented commercial use

• Waterfront commercial uses

• Yard

• Yard, front

• Yard, rear

• Yard, side (replaced with Property line)

Article III

DIMENSIONAL STANDARDS

Property line setbacks Districts 1, 1a, & 2-Change

• Ordinance 46• Principal structure

setback-100 feet• Accessory structure

setback-100 feet

• Ordinance 62• Principal structure

setback- 50 feet• Accessory structure

setback-25 feet

Information in tables to improve readability

• Before:Section 3 Dimensional Standards and River Corridor Width The following corridor widths are in effect in St. Louis County: Vermilion River 500 feet St. Louis, Cloquet, Whiteface 1/4 mile Remote, Rural Agricultural, and Recreational river classes ½ mile Primitive class All other river classes 300 feet The dimensional standards of the land immediately adjacent to the 300 foot shoreland river district shall be utilized within the 300 foot corridor. The dimensional standards within the Vermilion, St. Louis, Cloquet and Whiteface River Corridors shall be as follows: Vermilion River Remote Dimensional District 4a Vermilion River Forested Dimensional District 5 St. Louis Primitive Dimensional District 1a Remote Dimensional District 2 Rural Agricultural Dimensional District 3a Recreation Dimensional District 4

Information in tables to improve readability

• After:

Vermilion River St Louis, Cloquet & Whiteface All Other River Classes500 feet Remote, Rural Agricultural &

Recreational Primitive300 feet

¼ mile ½ mile

Vermilion River Remote Forested

4a 5

St Louis RiverPrimitive Remote Rural Agricultural Recreational

1a 2 3a 4

Road setbacks-change

• Ordinance 46• Accessory structures

located on roads that are privately maintained or public roads that serve less than 10 principal uses shall be setback from ROW-15 feet

• From road centerline-48 feet

• Ordinance 62• (All) structures located

on roads that are privately maintained or public roads that serve less than 10 principal uses shall be setback from ROW-15 feet

• From road centerline-48 feet

ARTICLE IV

NONCONFORMITIES

Reorganization

• Formatted into categories

• Additions to structures

• Moving structures

• Remodeling structures

• Replacement of structures

Nonconforming principal structure addition-change

• Ordinance 46-allowed• Principal structures at

nonconforming shoreline setback may square off the area of the structure closest to the shoreline…120 square feet

• Ordinance 62Not allowed. (However, if between 25 & 50 feet from shoreline, a 200 square foot addition allowed, as long as no increase to nonconformity (ie no closer to shoreline).

Nonconforming principal structure within SIZ-change

• Ordinance 46• All principal structures

limited to structure width of 40% of lot width, facing the water

• Ordinance 62• Only nonconforming

principal structures located within the shore impact zone limited to structure width of 40% of lot width, facing the water

Nonconforming principal structure within SIZ-change

• Ordinance 46• Nonconforming principal

structures may expand based on formulas and percentages

• Ordinance 62• Nonconforming principal

structures may expand based on setbacks up to a maximum amount of square feet

New Ordinance 62Nonconforming principal structures may expand based on setbacks up to a maximum amount of square feet

• If a structure is located between zero and 25 feet from the shoreline, no additions are allowed.

• If a structure is located between 25 and 50 feet from the shoreline, an addition total of 200 square feet is allowed.

• If a structure is located between 50 feet and the required shoreline setback, an addition total of 400 square feet is allowed.

Nonconforming accessory structures-change

• Ordinance 46• No reference to height

limit to nonconforming accessory structures (contradicts height limits to nonconforming principal structures)

• Ordinance 62• A nonconforming accessory

structure (other than water oriented accessory structures) may increase the structure height, but not expand the footprint, with the following standards:

• Shall be limited to 20 feet in height maximum if all or part of the structure is within the shore impact zone

• Shall be limited to 25 feet in height if the entire structure is between the shore impact zone and the required setback

General clean up

• Effort has been made throughout the ordinance to have consistency in formatting, language, and proper grammar.

Article V

LAND USE CONTROLS

Land Use District Titles

• Ordinance 46

• COM- Non Shoreland Commercial

SCO- Shoreland Commercial

• MUNS- Multiple Use Non Shoreland

• SMU – Shoreland Mixed Use

• Ordinance 62

• COM- Commercial

• MU- Multiple Use

• SMU- Shoreland Multiple Use

New• CL – Closed landfill (overlay)

Land Use Districts – new format example

• Forest Agricultural Management District (FAM).

• Allowed-No permit required

• Allowed-Land use permit required

• Allowed-Performance standard permit required

• Allowed-Interim Use Permit required

• Allowed-Conditional Use Permit required

• Not Allowed

New Interim Use Permits

• These uses are allowed through an interim use permit and require approval by the Planning Commission in accordance with the criteria set forth in this ordinance.

• Only proposed use allowed in Ordinance 62 as an IUP is Extractive Use – Class II General Purpose Borrow Pits

New Closed Landfills & Dumpsites (overlay district)

• This overlay district is intended to place standards for development near closed landfills known to the county. The standards are intended to provide notice of closed landfills to the public and to provide standards regarding activity in and around such landfills

• Overlay within 400 feet of a closed site and between 401 & 1,ooo feet of a closed site.

• NOTE-ADD MAP SHOWING 7 CLOSED SITES

New Use Categories

• AGRICULTURAL USE

• COMMERCIAL RETAIL & SERVICE ESTABLISHMENTS

• EXTRACTIVE USE

• INDUSTRIAL USE

• MINERAL EXPLORATION AND EVALUATION

• OUTDOOR SIGNS

• PLANNED DEVELOPMENT

• PUBLIC/SEMI-PUBLIC USE

• PUBLIC TRANSPORTATION TERMINALS

• RECREATIONAL USE

• RESIDENTIAL USE

• UTILITY FACILITIES

New Class I, II, & III Categories

• Uses allowed are broken out into classes depending on intensity of use

• For example, Agricultural Use-Class I allows for personal production of bees, crops, fish, livestock, horses, pets, poultry, and the breeding and grazing of animals. Agricultural Use-Class II allows for commercial production of bees, crops, fish, livestock, horses, pets, poultry, and the breeding and grazing of animals.

• Commercial uses may have a more intense use on the property depending on the zone district.

Article VI

ADMINISTRATIVE, PERFORMANCE & CONDITIONAL USE STANDARDS

Reorganization

• Reorganized into Administrative Standards, Performance Standards, and Conditional Use Standards vs. Performance & Administrative Standards

• Reorganized entire article in order to group similar standards together• Standards that apply to Residential Uses categorized

together Residential Administrative Standards “V”

Performance Standard Permits

• Made sure uses that required a Performance Standard Permit have associated Performance Standards

Home Business Performance Standards “C”

Permit Required: Home businesses may be allowed with a performance standard permit with the following standards:

Reorganization

• Categorized by • No Permit Required (but must meet general

standards) • Permit Required (with standards)• Not Allowed

• For example:

Recreational Vehicles Administrative Standards “V”

No Permit Required: Recreational vehicles and other camping is allowed on parcels without a permit provided the following standards are met:

A. There shall be no more than one recreational vehicle per parcel, per zone district requirements for principal uses.

B. The recreational vehicle shall have a current motor vehicle license.

C. All recreational vehicles shall meet the principal structure setback requirements of the zone district in which they are located.

D. Vegetative removal and shoreland alteration standards shall be followed.

E. St. Louis County sewage treatment standards shall be followed.

If the above standards are not met, the applicant shall apply for the appropriate land use permits from the county.

Permit Required:

A land use permit shall be required for recreational vehicles located on parcels that have sole access by water.

Not allowed:

Recreational vehicles shall not be allowed on parcels that are improperly created.

Reorganization

• Also reorganized by what process is necessary if standards cannot be met:• Variance• Performance Standard Permit• Interim Use Permit• Conditional Use permit

New

Recreational Vehicles Administrative Standards

Permit Required:

A land use permit shall be required for recreational vehicles located on parcels that have sole access by water.

Not allowed:

Recreational vehicles shall not be allowed on parcels that are improperly created.

New

• Water Access Only Parcels: Newly created water access only parcels shall provide, in writing, verification of water access and parking area.

New

• Residential Solar Energy System Administrative Standards

• Accessory Dwelling Administrative Standards

• Conditional Use Permit Required: Dynamic signs

• Closed Landfills and Dumpsites Administrative Standards

New

• Riparian Parking for Water Access Parcels Performance Standards

• Industrial Uses Performance Standards

• Utility Facility Uses Administrative and Performance Standards

Significant Update

• All Other Water Oriented Accessory Structures (WOAS) Administrative Standards

• Outdoor Signs Administrative Standards • Size and number• Location• Illumination

• Shoreline Vegetation Alterations Administrative Standards • Vegetation Alteration Maximum Width of Alteration

Allowed

Significant Update

• Domesticated Animals Administrative Standards

• Extractive Uses Performance and Interim Use Standards

• Commercial Communication Towers (Performance Standard Permit)

Removed Performance Standards

• Alternative Shore Impact Zone Standards• Not utilized

• Community Center Standards• Confusing to have such specific standards for this use; reflects

changes in Article V

• Contaminated Soils Disposal Standards• Not County jurisdiction to enforce-MPCA

• Satellite Dish• Not utilized (8’ diameter)

• Other structures• 40% rule• Increased setback for accessory structures >800 square feet on

shoreland• Variances from both standards have been routinely approved by BoA

Removed Performance Standards

• Bunkhouse Standards• Replaced with Accessory Dwelling Standards

•Houseboat Standards• Not County jurisdiction to enforce

• Rural Industry & Forest Product Processing Standards• Replaced with Industrial Uses; reflects changes in Article V

• Density Transfer Standards• Not being utilized to the best ability and difficult to track;

provisions in updated Subdivision Ordinance better address these standards in addition to Accessory Dwelling in Draft Zoning Ordinance 62

Article VII

PLANNED DEVELOPMENT

General

• Reorganized for better flow and clarity

• Grammar and language clean-up

• Removed the word unit from article and simply referred to as

Planned Development-Residential

Planned Development-Commercial

New

• Density Bonus in 1st Tier• No increase allowed in 1st tier

New

• Building Footprint Factor Calculation Averaged

1st Tier GD & RD Lakes

Remaining Tiers GD & RD Lakes

NE Lakes & Trout Streams

All Other River Classes

Total Impervious Coverage

0.125 0.15 0.05 0.12 0.15 w/o engineered stormwater plan0.25 w/ engineered stormwater plan

Update – Stormwater management plan

• Properties that do not have an engineered stormwater management plan shall not exceed a total impervious coverage of 15 percent of the total planned development.

• Properties that have an engineered stormwater management plan shall not exceed a total impervious coverage of 25 percent of the total planned development.

New

• Commercial Planned Development Minimum Standards in Nonshoreland Areas: The following steps shall be taken to determine the allowed density for commercial planned developments in nonshoreland areas:

• One commercial unit or site may be allowed for every one-half (1/2) acre and 100 feet of lot width in the project area.

Updated

• Resort Conversions to a Residential Planned Development

A. Any nonconforming structures that are not in compliance with shoreline setbacks, SSTS standards, structure color, impervious surface coverage and density allowed shall be brought into compliance at the time of conversion.

B. Shore and bluff impact zone nonconformities shall be brought into compliance.

Article VIII

ADMINISTRATION, ENFORCEMENT AND APPLICATION REVIEW

New

• Existing Violations: No permit application will be accepted from landowners or their agents on property on which there are current or past unresolved violation(s) of any St. Louis County ordinance unless St. Louis County determines that the permit is a part of resolving the violation(s).

New

• Administrative Fees and Restoration: Any application for a permit that is made after the work has commenced and which requires a permit or is done in violation of a permit shall be charged an additional administrative fee determined by the Director based upon County Board approved rates verified by the County Auditor.

• In addition, the Planning Commission or Board of Adjustment may require correction and/or restoration of the property to its original state should the application for a permit be denied or if the action permitted does not include all or part of the work commenced prior to approval of said permit.

New

• Compliance Orders: Compliance orders may be issued when the Planning and Community Development Department has probable cause that an activity regulated by this or any other county ordinance is being or has been conducted without a permit or in violation of a permit.

• When work has been stopped by a compliance order, it shall not again be resumed until the reason for the work stoppage has been completely satisfied, any administrative fees paid, and the compliance order lifted.

• A certificate of satisfactory compliance will be issued upon rectification of the violation. When a compliance order is not lifted because of refusal to comply, the compliance order will be recorded against the property. Once the compliance order is satisfied, a certificate of satisfactory compliance would be filed on the deed.

New

• Interim Uses

• Purpose: To allow a use a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.

• Review and Approval: Any use listed in this ordinance as an interim use may be permitted only after an application for an interim use permit has been reviewed and approved by the Planning Commission.

New

• Process: Interim use permits will be processed according to the public hearing procedures for conditional use permits found in this ordinance.

• Expiration of Interim Use Permit: An interim use permit may not be granted for a period of greater than 5 years.

Updated

• Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties”… [per state statute]

• No revocation hearing is required, if the landowner of a parcel no longer wishes to continue a use for which a conditional use permit was issued, the landowner may make a request in writing to the Director to revoke the conditional use permit.

Article IX-X

PLANNING COMMISSION & BOARD OF ADJUSTMENT

No changes

• Recently update in 2013

Article XI-XII

VALIDITY AND EXEMPTIONS & FEES

No changes

Open House Information

Wednesday, January 28th , 2015

Northland Office Building – 3rd floor Conference Room - (Liz Prebich)

4-6pm

Open House Information

Wednesday, February 4th, 2015

Pike Lake Public Works – (Richard H. Hansen Public Works & Transportation

Complex)

1-3pm