|ORDINANCE NO. 343
AN ORDINANCE AMENDING CHAPTER 5, LAND USE AND CONTROL. SPECIFICALLY SECTIONS 5.1 ZONING, 5.1.2 GENERAL REGULATIONS, 5.1.17 DEFINITIONS, AND AMENDING THE MUNICIPAL CODE ACCORDINGLY
THE CITY COUNCIL OF THE CITY OF LESTER PRAIRIE ORDAINS:
Section 1. The following shall be inserted in Section 5.1.1:
“126.96.36.199 Uses Not Provided for Within Zoning Districts (Prohibited use).
Whenever in any zoning district a use is neither specifically permitted or denied, the use shall be considered prohibited. In this case, the City Council, Planning Commission or property owner may request a study by the City to determine of the use is acceptable and if so, what zoning would be most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Planning Commission, or property owner, upon receipt of the study may, if appropriate, initiate an amendment to the Zoning Code to provide for the particular use under consideration or may find that the use is not compatible for development within the city.”
Section 2. The following shall be inserted in Section 5.1.2:
“188.8.131.52.1 Parking Prohibited In Yard. In the case of one-family, two-family, three-family and townhouse dwellings, parking shall be prohibited in any portion of the front yard and side yard adjacent to a street, except on designated driveways leading directly into a garage. Parking shall be allowed on the rear yard and side yard adjacent to the garage on all surface types, including grass. Parking shall not disturb drainage, utilities or be located on sidewalks.
184.108.40.206.2 Recreational Vehicles and Equipment. Recreational vehicles and equipment may be stored in the side or rear yards but not side yards adjacent to a street.
220.127.116.11.1 Purpose. The purpose of this section is to establish standards for the installation of landscaping to protect the general health, safety, and welfare of the City.
18.104.22.168.2 General Mandatory Landscaping and Maintenance.
(a) All exposed ground areas, including street boulevards (landscaped portion of right-of-way), and areas not devoted to off-street parking, drives, sidewalks, patios or other such improvements shall be landscaped with sod, seed, shrubs, other ornamental landscape materials and trees (except that trees shall not be planted in boulevard portions of the public right-of-way) within sixty (60) days after a building is constructed on a lot. A final certificate of occupancy will not be issued until compliance with this section
(i) Temporary erosion control measures shall be installed and maintained until establishment of sod, seed and/or permanent erosion control measures are in place and functioning properly.
(ii) Ground Cover. All areas not otherwise improved in accordance with approved site plans shall have a minimum depth of four (4) inches of topsoil (black dirt consisting of not more than thirty-five (35) percent sand) prior to sod or seed being placed.
(b) All landscaped areas shall be maintained by the property owner and kept neat, clear and uncluttered. No landscaped area shall be used for the parking of vehicles or for the storage or display of materials, supplies or merchandise, unless specifically approved by the City.
(c) Fences, retaining walls and/or plantings placed upon utility easements or public right-of-way are prohibited. In such cases where these structures were previously placed the costs for removal and restoration due to maintenance or improvement of the utility shall be the responsibility of the property owner.
(d) Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1) shall not be permitted without approval of the City Engineer and/or Building Official and shall contain approved treatment such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening shall not have slopes in excess of three (3) to one (1).
(i) Maintenance of the landscape and screening shall be the responsibility of the individual property owner.
(ii) Timing/Responsibility of Installation. Weather permitting, all plantings shall be planted prior to the issuance of a final certificate of occupancy.
“22.214.171.124 Residential Driveways. The purpose of this section is to provide minimum setback, materials and slope standards for residential driveway construction. The intent is to reduce interference with drainage and utility easements by providing setback standards; reduce erosion by requiring an improved surface for all driveways; and, provide positive drainage to the street via establishment of minimum driveway slope standards. The requirements of this provision shall apply to all building permits for new construction of residential units and future modifications. A certificate of survey indicating the setback, slope and proposed elevations shall be required to illustrate compliance with these provisions. Residential driveway requirements are as follows.
126.96.36.199.1 Driveways should be located as indicated on the subdivision grading plan, however, an alternate location meeting the requirements of this section will be permitted.
188.8.131.52.2 The vertical profile for a driveway shall not exceed ten percent (10%) maximum slope.
184.108.40.206.3 The garage slab shall be constructed at an elevation that will permit a driveway with a minimum slope of eighteen (18) inches above the top of curb.
220.127.116.11.4 With the exception of the AG Agricultural District, all driveways shall be surfaced with bituminous, concrete, pavers or other approved surface material, as approved by the City Engineer. In the AG Agricultural District, driveways shall be surfaced from the intersection of the road, for the first one-hundred (100) feet of the driveway, with bituminous, concrete, or other approved surface materials as approved by the City Engineer.
18.104.22.168.5 The minimum corner clearance from the street right-of- way line shall be at least twenty five (25) feet to the edge of the driveway.
22.214.171.124.6 Under unique circumstances where unusual topography, existing conditions or physical disability of the property owner prohibit compliance with sections 126.96.36.199.2 and 188.8.131.52.3, the City Engineer may approve a driveway with a slope exceeding ten percent (10%) and/or construction of said garage slab less than eighteen (18) inches above the top of curb.”
Section 3. The following shall be inserted in Section 5.1.17:
“184.108.40.206 LANDSCAPING. Plantings such as trees, flowers, grass and shrubs and improvements directly related thereto. Make land more pleasant to look at to arrange for trees, shrubs, flowers, etc.
220.127.116.11 RECREATIONAL VEHICLE AND EQUIPMENT. Includes, but is not limited to, operable and licensed, as required by the state, travel trailers, chassis mounted campers, motor homes, camping trailers, pick-up coach, tent trailers, slide in campers, airplanes, and converted buses; snowmobiles and trailers, boats/watercraft and trailers, all-terrain vehicles, motorcycles, fish houses and utility trailers. A fish house, boat, snowmobile or other recreational vehicle when stored or kept on a trailer shall be considered as one recreational vehicle. Certain recreational vehicles and equipment are defined below.
(a) Travel trailer means a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational or vacation use.
(b) Pick-up coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
(c) Motor-home means a portable, temporary dwelling to be used for travel, recreational and vacation and constructed as an integral part of a self-propelled vehicle.
(d) Camping trailer means a fold structure mounted on wheels and designed for travel, recreation and vacation use.
18.104.22.168 YARD. Any open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
22.214.171.124 YARD, FRONT. The yard extending along the full length of a front lot line between side lot lines and to the depth required in the yard regulations for the district in which it is located. In the case of a corner lot abutting one or more streets, both yards shall be considered front yards unless a specific standard is established by this chapter for a side yard of a corner lot abutting a public right of way.
126.96.36.199 YARD, REAR. A yard extending across the full width of the lot and lying between the rear lot line of the lot and the nearest line of the principal building.
188.8.131.52 YARD, SIDE. A yard between the side lot line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard. “
Section 4. This Ordinance shall take effect and be in force from and after its passage and publication.
Adopted this 12th day of December, 2017.
CITY OF LESTER PRAIRIE
By /s/ Eric Angvall, Its Mayor
By /s/ Marilyn L. Pawelk, Its City Clerk
Published in the Herald Journal Dec. 15, 2017.