PC Packet 04.20.21
AGENDA
HUTCHINSON PLANNING COMMISSION
Tuesday, April 20, 2021
5:30 p.m. Hutchinson City Center
1.CALL TO ORDER 5:30 P.M.
2. PLEDGE OF ALLEGIANCE
3.ELECTION OF OFFICERS
4. CONSENT AGENDA
A. CONSIDERATION OF MINUTES DATED March 16, 2021
5. PUBLIC HEARING
A. CONSIDERATION OF A SITE PLAN REVIEW AND CONDITIONAL
USE PERMIT FOR A CIVIL AIR PATROL TRAINING FACILITY
LOCATED AT 840 AIRPORT RD SW.
B. CONSIDERATION OF A FINAL PLAT FOR CENTURY COURT WEST.
C. CONSIDERATION OF A PRELIMINARY PLAT AND CONDITIONAL
USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT
AT SOUTHFORK RIDGE FOURTH ADDITION.
D. CONSIDERATIN OF ZONING ORDINANCE AMENDMENTS TO
SECTIN 154.024 REGARDING EASEMENT AREAS AND SECTION
154.116 REGARDING PARKING LOT REQUIREMENTS.
6. NEW BUSINESS
7. UNFINISHED BUSINESS
8. COMMUNICATION FROM STAFF
A. UPCOMING MEETINGS
9. ADJOURNMENT
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, March 16, 2021
5:30 p.m.
1.CALL TO ORDER 5:42P.M.
The March 16, 2021 Planning Commission meeting was a virtual meeting called to order
by Vice Chairman Lofdahl at 5:42 p.m. Members in bold were present Vice Chair Lofdahl
(virtual), Commissioner Garberg (virtual), Commissioner Wirt (virtual),
Commissioner Sebesta (virtual), Commissioner Hantge (present), Commissioner
Janssen (virtual) and Commissioner Hacker (virtual). Also present were Dan Jochum
(present), City Planner, Kent Exner, City Engineer, John Olson, City Public Works, John
Paulson (present), City Environmental Specialist, Marc Sebora (present), City Attorney,
Tom Gifferson, Police Chief (Present) and Andrea Schwartz (present), City of
Hutchinson Permit Technician
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
A. CONSIDERATION OF MINUTES DATED December 15, 2020.
Motion by Commissioner Hantge. Second by Commissioner Wirt.
Roll Call Vote
Vice Chair Lofdahl –yes
Commissioner Garberg – yes
Commissioner Wirt – yes
Commissioner Sebesta – not in meeting
Commissioner Hantge – yes
Commissioner Janssen – yes
Commissioner Hacker –not in meeting
Motion to Approve – Motion to Reject
4. PUBLIC HEARINGS
A. NONE
5. NEW BUSINESS
A. CONSIDERATION OF A SITE PLAN REVIEW LOCATED AT 225 SHADY
RIDGE RD NW.
Dan Jochum, City Planner addressed the Commission and gave a brief overview
of the project.
Minutes
Hutchinson Planning Commission
March 16, 2021
Page 2
Eric Reiner (design team), commented that there is an elevator in the building for
any accessibility needs.
Commissioner Hantge questioned if the elevator is large enough to accommodate
ambulance cots, Chris (owner) commented that they have had emergency services
on site in the past and have not had an issue with this.
Commissioner Lofdahl asked to add to the recommendations that “in” and “out”
signs be added to the property.
Motion by Commissioner Lofdahl to approve with 9 recommended conditions,
and add in and out signs. Second by Commissioner Wirt.
Roll Call Vote
Vice Chair Lofdahl –yes
Commissioner Garberg – yes
Commissioner Wirt – yes
Commissioner Sebesta – not in meeting
Commissioner Hantge – yes
Commissioner Janssen – yes
Commissioner Hacker –yes
Motion approved. Items will be on City Council consent agenda on 03/23/2021.
Motion to close hearing – Motion to approve with staff recommendations – Motion to reject
A. CONSIDERATION OF A SITE PLAN REVIEW FOR A NEW POLICE
STATION FACILITY LOCATED AT 205 WASHINGTON AVE E.
Paige Sullivan, Wold Architects addressed the Commission and gave a brief
overview of the project. Dan Jochum, City Planner also gave an overview of the
Staff recommendations.
Commissioner Janssen questioned if the current parking area that Jefferson will
run through is an existing City parking area? He was wondering if this will affect
the Hardware store in their parking U-Haul trucks there. This is not a City parking
lot and the Hardware store had a temporary agreement with the owner, they will
need to find other parking.
st
Commissioner Hantge questioned if 1 Ave is proposed to be narrower than it
currently is. The answer was that the road will not narrow.
Commissioner Hantge also questioned if the area to the west of the new Jefferson
extension will remain a hard surface or if it will be green space? This is something
that is currently being worked on.
Minutes
Hutchinson Planning Commission
March 16, 2021
Page 3
Commissioner Hantge also questioned if the parking directly to the west of the
new building is really only one entrance? He believes this may be hard for traffic
flow.
Commissioner Wirt asked if the current EOC building will remain? Dan Jochum
answered that the existing EOC will not remain.
Commissioner Lofdahl asked if there would be a pond on the west side of the new
Jefferson extension to possibly help with the stormwater. This is something the
design crew is working on.
Commissioner Lofdahl also asked if there would be a left turn allowed off of
Adams St. The answer is no.
Commissioner Hacker ask to touch on the underground stormwater as this is a
concern to him. Dave with Bolton Menk commented that the material being used
has a 100 yr warranty on it. They are looking for something that will be cost
effective in filtering the water before it accesses the City lines. Commissioner
Hacker asked who would be responsible for maintaining this system. The answer
is The City being they are the owner of the property.
Motion by Commissioner Garberg to approve with 11 recommended conditions.
Second by Commissioner Wirt.
Roll Call Vote
Vice Chair Lofdahl –yes
Commissioner Garberg – yes
Commissioner Wirt – yes
Commissioner Sebesta – not in the meeting
Commissioner Hantge – yes
Commissioner Janssen – yes
Commissioner Hacker – yes
Motion approved. Items will be on City Council consent agenda on 03/23/2021.
Motion to close hearing – Motion to approve with staff recommendations – Motion to reject
6. UNFINISHED BUSINESS
A. Next month we need to hold election of officers.
7. COMMUNICATION FROM STAFF
A. UPCOMING MEETINGS–sounds like we will have an application or two for next
month.
B. We are looking into holding our meetings in person next month.
Minutes
Hutchinson Planning Commission
March 16, 2021
Page 4
8. ADJOURNMENT
Motion was made by Commissioner Wirt to adjourn the meeting, second by Hantge
Roll Call Vote
Vice Chair Lofdahl –yes
Commissioner Garberg – yes
Commissioner Wirt – yes
Commissioner Sebesta –not in meeting
Commissioner Hantge – yes
Commissioner Janssen – yes
Commissioner Hacker –yes
Meeting was adjourned at 6:31 p.m.
STAFF REPORT – PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From:Dan Jochum, AICP
Date: April 16, 2021, for April 20, 2021, Planning Commission Meeting
Application:Site Plan for construction of Civil Air Patrol Training Facility – 840 Airport
RD SW.
Applicant: Civil Air Patrol
SITE PLAN
The Civil Air Patrol has made application for a site plan review for the construction of a new
Civil Air Patrol Training Facility at 840 Airport Road SW.
Planning Commission – April 20, 2021
Site Plan Review
840 Airport Road SW
Page 2
GENERAL INFORMATION
Existing Zoning: I/C Industrial/Commercial District
Property Location: 840 Airport Road SW
Lot Size: 4.46 Acres
Existing Land Use: Farmland
Adjacent Land Use: Airport, Farmland, Commercial
Adjacent Zoning: I/C
Comprehensive
Land Use Plan: Public/Institutional Land Use
Zoning History: Property was platted in 1992 as part of the Fair Grounds plat.
Applicable Regulations: Section 154.174
Building:
There are two buildings proposed on site. The first is the Camp Craig Training Facility(see
attached proposed concept graphic). The training facility will be used for training students that
are involved with the Civil Air Patrol Program and will also include sleeping quarters. The other
building onsite is a hangar for aircraft. The buildings will be constructed primarily out of steel.
Access, Circulation and Parking:
Access to the site will be off Airport Road. A right-of-way/access permit will be required from
McLeod County.
Site Circulation appears to be adequate. Staff feels the raised islands in the parking lot help
delineate the parking lot and traffic flow. The parking lot is required to be curbed in its entirety.
Parking requirements are somewhat difficult to calculate for a use such as this. Thirty-six (36)
stalls are shown on the site plan and these stalls should be enough to accommodate the needs of
this facility. Staff is assuming that many of the student users of the site will be dropped off or
bused to the site. There are also other paved areas behind the facility that can be uses for over-
flow parking. Additionally, if there are large events on site the Facility should work with nearby
entities such as the Fairgrounds for overflow parking if needed.
Setbacks:
All setbacks appear to be met.
Landscaping and Lighting:
The Federal Aviation Administration (FAA) has stringent rules regarding the type of landscaping
they allow near airport and their authority supersedes the City authority, therefore as long as the
landscaping meets FAA requirements it is acceptable.
Planning Commission – April 20, 2021
Site Plan Review
840 Airport Road SW
Page 3
Lighting is required to be down cast and not shine ontoadjacent properties.
Stormwater Management/Erosion Control:
More detail will be required with the Building Permit submittal in regards to Stormwater design.
A City Excavation/Erosion Control Permit will be required in addition to a State NPDES
Construction Stormwater Permit.
Utilities
The site will incur SAC/WAC charges per the City’s policy. Water and sewer services are
stubbed across Airport Road to the lot.
Recommendation:
Staff recommends approval of the site plan review with the following findings and conditions:
1. The proposed building and site improvements shall comply with the standards of the I/C
Zoning district and the Zoning Ordinance.
2. The applicant must obtain all appropriate permits from McLeod County regarding an
access permit. City Staff can help with this as necessary.
3. SAC and WAC fees will be calculated and due at the time of building permit.
4. Parking lot and circulation drives shall have concrete curb and gutter installed.
5. Approval of a SWMPP and erosion control permits are required prior to construction on
site.
6. Applicable permits are required prior to any construction starting on the site.
DAS
17957.000
DATE:
BDJ EXISTING
C201
CAMP CRAIG
CONDITIONS
444 Cedar Street, Suite 1500 tkda.com
Saint Paul, MN 55101651.292.4400
AT THE BUILDING AND/OR SITEDAS
CIVIL AIR PATROL
SCHEMATIC DESIGN
TRAINING FACILITY
ALL CONTRACTORS AND SUBCONTRACTORS
SHALL VERIFY ALL DIMENSIONS BY MEASUREMENT
BAR IS ONE INCH ON ORIGINAL DRAWING. IF NOT ONE
INCH ON THIS DRAWING ADJUST SCALES ACCORDINGLY.
SIGNATURE:PRINTED NAME:LICENSE NO:
NORTH
60
30
15
SCALE IN FEET
0
K:\\a-f\\CivilAirPatrol\\17957000\\04_Production\\01_CAD\\02_Sheets\\C201 EXISTING CONDITIONS.dwg
Mar 18, 2021 - 10:39pm
17957.000
DATE:
BDJ
C202
CAMP CRAIG
444 Cedar Street, Suite 1500651.292.4400 tkda.com
Saint Paul, MN 55101
AT THE BUILDING AND/OR SITEDAS
CIVIL AIR PATROL
SCHEMATIC DESIGN
TRAINING FACILITY
SITE LAYOUT PLAN
ALL CONTRACTORS AND SUBCONTRACTORS
SHALL VERIFY ALL DIMENSIONS BY MEASUREMENT
BAR IS ONE INCH ON ORIGINAL DRAWING. IF NOT ONE
INCH ON THIS DRAWING ADJUST SCALES ACCORDINGLY.
LICENSE NO:
SIGNATURE:PRINTED NAME:
NORTH
60
30
15
SCALE IN FEET
0
2
3537
PROVIDED
2
2628
REQUIRED
PARKING INFORMATION
TOTAL
STAFF PARKING
ACCESSIBLE PARKING
K:\\a-f\\CivilAirPatrol\\17957000\\04_Production\\01_CAD\\02_Sheets\\C202 SITE LAYOUT PLAN.dwg
Mar 18, 2021 - 12:32pm
DAS
17957.000
DATE:
BDJ
C401
CAMP CRAIG
444 Cedar Street, Suite 1500Saint Paul, MN 55101651.292.4400 tkda.com
GRADING PLAN
DAS
AT THE BUILDING AND/OR SITE
CIVIL AIR PATROL
SCHEMATIC DESIGN
TRAINING FACILITY
ALL CONTRACTORS AND SUBCONTRACTORS
SHALL VERIFY ALL DIMENSIONS BY MEASUREMENT
BAR IS ONE INCH ON ORIGINAL DRAWING. IF NOT ONE
INCH ON THIS DRAWING ADJUST SCALES ACCORDINGLY.
SIGNATURE:PRINTED NAME:LICENSE NO:
NORTH
60
30
15
SCALE IN FEET
0
K:\\a-f\\CivilAirPatrol\\17957000\\04_Production\\01_CAD\\03_Concepts\\GRADING PLAN.dwg
Mar 17, 2021 - 4:45pm
KWA
17957.000
DATE:
1
SJM
L100
CAMP CRAIG
444 Cedar Street, Suite 1500Saint Paul, MN 55101651.292.4400 tkda.com
0
AT THE BUILDING AND/OR SITE
KWA
CIVIL AIR PATROL
LANDSCAPE PLAN
SCHEMATIC DESIGN
TRAINING FACILITY
ALL CONTRACTORS AND SUBCONTRACTORS
SHALL VERIFY ALL DIMENSIONS BY MEASUREMENT
BAR IS ONE INCH ON ORIGINAL DRAWING. IF NOT ONE
INCH ON THIS DRAWING ADJUST SCALES ACCORDINGLY.
PRINTED NAME:LICENSE NO:
SIGNATURE:
NORTH
20
10
5
SCALE IN FEET
0
TURF SEED MIX
STORMWATER BASIN SEED MIXPLANTING BED
CONSTRUCTION LIMITS
SCALE: 1"=10'
LANDSCAPE ENLARGEMENT PLAN
SEE CIVIL DRAWINGS FOR SITE LAYOUTALL DISTURBED AREAS NOT DENOTED WITH TURF OR STORMWATER BASIN SEED MIX TO BE RESTORED WITH SHORT GRASS PRAIRIESEED MIX
STRIP AND STOCKPILE TOPSOIL FOR RE-USE.WHERE SOD OR SEED ABUTS PAVED SURFACE, FINISHED GRADE OF SOD/SEED SHALL BE 1" BELOW SURFACE OF PAVEMENT.ADJUSTMENT OF PLANT LOCATION IN THE FIELD
MUST BE APPROVED BY LANDSCAPE ARCHITECT.
PROVIDE 6" TOPSOIL ON ALL AREAS TO RECEIVE SEED OR SOD.PLANTINGS TO BE LOCATED AND STAKED AS SHOWN ON PLAN. LANDSCAPE ARCHITECT MUST APPROVE LOCATION PRIOR TO DIGGING.
1
PLANTING NOTES
2.
1.
L1002.4.5.6.
LEGENDGENERAL NOTES 1.
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SCALE IN FEET
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0
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20' X 20' MEMORIAL PLAZA
FLAGPOLE (3)
TRAINING FACILITY
CAMP CRAIG
HANGAR
R
P
Z
R
P
Z
R
PZ
R
P
Z
R
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SCALE: 1"=30'
LANDSCAPE PLAN
1
RPZ
L100
K:\\a-f\\CivilAirPatrol\\17957000\\04_Production\\01_CAD\\02_Sheets\\L100 LANDSCAPE PLAN.dwg
Mar 18, 2021 - 9:34am
DIRECTORS REPORT –PLANNING DEPARTMENT
To:Hutchinson Planning Commission
From: Dan Jochum, AICP
Date: April 16, for April 20, 2021, Planning Commission Meeting
Application: CONSIDERATION OF A FINAL PLAT FOR CENTURY COURT WEST
Applicant: MATT WARD, APPLICANT
FINAL PLAT FOR CENTURY COURT WEST–
Brief Description
The applicant is request approval of a Final Plat for Century Court West. The purpose of the Plat is to create another lot
on the property for project financing purposes. The proposed lot will have one building located on it. Originally, the
project was one large lot with plans for seven buildings per the approved site plan. The lot was then split through a deed
recorded with McLeod County. The split created setback issues, so now a plat is being proposed. The plat will create two
lots, one larger lot with multiple buildings on it and one smaller lot with one building. The lots are serviced by private
utilities and private streets.
Final Plat
Century Court West
Planning Commission – 4-21-20
Page 2
GENERAL INFORMATION
Existing Zoning: R-4 High Density Residential
Property Location: Intersection of Century Ave SW and Sunset St SW
Lot Size: Approximately 8.5 Acres
Existing Land Use: Townhome Development
Adjacent Land Use
And Zoning: R-2, R-3 and I/C – single family homes, townhomes and the Fairgrounds.
Comprehensive
Land Use Plan: Medium Density Residential Neighborhood
Zoning History: Century Court West project approved in 2018.
Applicable
Regulations: City Code of Ordinances Sections 153.50 – 153.51 and 153.100
Transportation: The property will be accessed off the private streets.
Physical Characteristics: Relatively flat. Graded for development.
Analysis:
As noted above, the purpose of the plat is to create another lot for financing purposes. Staff recommends easements for
both access and utilities are in place from all access points into the development from public streets.
Recommendation:
Staff recommends approval of the Final Plat subject to the following:
1. Easements for access and utilities are established on all internal roadways within the development.
2. Final Plat is recorded with McLeod County within 180 days of approval.
DIRECTORS REPORT –PLANNING DEPARTMENT
To:Hutchinson Planning Commission
From: Dan Jochum, AICP
Date: April 16, for April 20, 2021, Planning Commission Meeting
Application: CONSIDERATION OF PRELIMNARY OF SOUTHFORK RIDGE 4TH ADDITION AND
CONDITIONAL USE PERMIT TO MODIFY THE PLANNED DEVELOPMENT DISTRICT.
Applicant: BONNEVILLE LAND AND CATTLE LLC, GUS WURDELL, APPLICANT
TH
PRELIMINARY PLAT OF SOUTHFORK RIDGE 4 ADDITION AND C.U.P. TO AMEND THE
PLANNED DEVELOPMENT DISTRICT –
Brief Description
The applicant has submitted a preliminary plat for the development of 19 slab on grade lots for single-family homes on
Southfork Outlot C. When this property was originally planned it was planned for 36 townhome units but was never
platted. Additionally, the applicant is request to amend the Planned Development District regulations to have a front-yard
setback of 20 feet, rather than 25 feet. The street that services the development is a private street and utilities are also
private.
Preliminary Plat and CUP
Southfork Ridge 4th Addition
Planning Commission – 4-21-20
Page 2
GENERAL INFORMATION
Existing Zoning: R-3 – Planned Development District
Property Location: Outlot C – Southfork Addition
Lot Size: 4.09 Acres
Existing Land Use: Vacant
Adjacent Land Use
And Zoning: R-3 PD – single family homes and twin homes.
Comprehensive
Land Use Plan: Medium Density Residential Neighborhood
Zoning History: Originally Platted in 2004.
Applicable
Regulations: City Code of Ordinances Sections 153.35 – 153.51 and 154.175
Transportation: The property will be accessed off the private street off Southfork Drive SE.
Physical Characteristics: The subdivision had been previously developed for townhomes and was not built on.
Analysis:
The preliminary plat, as presented appears to meet the requirements of the subdivision and zoning ordinances. The lots
will be platted just larger than the building footprint and the development will feature common open space, as the original
townhome plan did. The building pad areas range from 2,576 square feet to 4,092 square feet.
Utilities are located in the private street and are already stubbed. There are additional stubbed utility services that will not
be used and any maintenance and repair for these stubs is the responsibility of the developer.
The homes will front on the private street, which has yet to be named. This street is narrow and parking will not be
allowed on street, as it will not meet emergency service standards if parking is allowed.
One tree will be required per lot and will be paid for at the current tree rate with the building permit.
This development features common open space, as well as a private street and utilities. As such, the City will need to
review and sign off on the development Association documents to ensure that proper provisions are in place for the future
maintenance of the common open space, street and utilities.
Conditional Use Permit
The applicant has applied for a conditional use permit to amend the Planned Development District to reduce the
front yard setbacks from 25 feet to 20 feet. Staff is comfortable with this revision, as it will still fit the character
of the neighborhood and still allows for the parking of vehicles in the driveway without encroaching into the
roadway.
Preliminary Plat and CUP
Southfork Ridge 4th Addition
Planning Commission – 4-21-20
Page 3
Recommendation:
Staff recommends approval of the preliminary plat and Conditional Use Permit subject to the following
conditions.
1. Each lot will require a separate utility service.
2. Moving or relocating utility services will be at the property owner’s expense.
3. Applicant must coordinate with Hutchinson Utilities to ensure each lot can be properly served with gas
and electric. If necessary, easement will need to be development to accommodate these utilities.
4. SAC/WAC charges will be due at the time building permits are issued.
5. The streets and utilities of the development are private and are the responsibility of the developer and/or
Association.
th
6. The City of Hutchinson shall receive a copy of the proposed Southfork Ridge 4
Addition Association
Documents that assign future roadand common areamaintenance items to the Developer and/or
Association.
7. A parkland contribution fee of $165 per unitwill be collected with the building permit.
8. No parking will be allowed on the private street.
9. Any future maintenance related to the unused water and sewer stubs are the responsibility of the
Developer and/or Association.
10. Developer shall insure the private rear lot drainage system is functioning. The operation and
maintenance of this drainage system is the responsibility of the Developer and/or Association.
11. One tree is required per lot and shall be paid for with the building permit.
2-16-2021
20-0116
Feet
60
30
N
PRELIMINARY PLAT
0
Hutchinson, MN
Bonneville Land & Cattle, LLC
SOUTHFORK RIDGE FOURTH ADDITION
2-16-2021
20-0116
Feet
60
30
N
UTILITY PLAN
0
Hutchinson, MN
Bonneville Land & Cattle, LLC
SOUTHFORK RIDGE
2-16-2021
20-0116
Feet
60
30
N
GRADING PLAN
0
Hutchinson, MN
Bonneville Land & Cattle, LLC
SOUTHFORK RIDGE
2-16-2021
20-0116
STORMWATER POLLUTION
PREVENTION PLAN NARRATIVE
Hutchinson, MN
Bonneville Land & Cattle, LLC
SOUTHFORK RIDGE
2-16-2021
20-0116
PREVENTION PLAN
STORMWATER POLLUTION
Feet
60
30
N
Hutchinson, MN
0
Bonneville Land & Cattle, LLC
SOUTHFORK RIDGE
DIRECTORS REPORT –PLANNING DEPARTMENT
To:Hutchinson Planning Commission
From: Dan Jochum, AICP
Date: April 16, 2021, for April 20, 2021, Planning Commission Meeting
Application: Consideration of Zoning Ordinance Amendments
Zoning Ordinance Amendments
Staff has been working on two Zoning Ordinance Amendments. The first is regarding parking lot
requirements. This section of our zoning ordinance has always been confusing and staff wants to make it
more clear. We added clarity to paving requirements and also noted that curb and gutter is required for
parking lots. It is difficult to manage stormwater without having curb and gutter.
The second Zoning Ordinance Amendment is related to yard space encroachments, specifically in
easement areas. You may recall we had an agenda item in late 2020 regarding a retaining wall within an
easement area for a stormwater pond. The Zoning Ordinance states that retaining walls may be allowed
by Conditional Use in easement areas. Staff feels the intention of this is for retaining walls to manage
grade in side-yard situations not rear yard stormwater facility easements. Thus we have drafted language
that states that retaining walls and landscape timbers or similar are not allowed in easement areas adjacent
to stormwater facilities.
Staff will be available to discuss these items and answer any questions Tuesday night.
Recommendation:
Staff recommends approval of the Zoning Ordinance Amendments presented.
§ 154.116 OFF-STREET PARKING AND LOADING.
(I) Construction and maintenance.
(1) In the R-3, R-4 and R-5 Residential Districts, and all commercial and industrial
districts, parking areas and access drives shall be covered with an all-weather surface paved surface. The
all-weather paved surface shall be a minimum standard of six-inch gravel base and two three-inch plant
mix bituminous surface, including concrete curb and gutter. Alternate designs may be submitted to the
City Engineer for approval. This approval must be made prior to issuance of a building permit.
(2)All existing parking lots with substandard surfaces should be allowed to remain
until either the property is sold or a building permit for addition or remodeling is requested.
(3) The operator of the principal building or use shall maintain the parking and
loading area, access drives and yard areas in a neat and adequate manner.
§ 154.024 YARD SPACE; ENCROACHMENTS; STEEP SLOPES.
(A) Yard space requirement. Any building, structure or use hereafter erected, altered or
established shall comply with the yard space requirements of the district in which it is located, except as
specified below. The required yard space for any building, structure or use shall be contained on the
same lot as the building, structure or use and the required yard space shall fall entirely upon land in a
district or districts in which the principal use is permitted. Any required yard space shall be open from 30
inches above the ground to the sky, except as specified elsewhere in this chapter.
(B) Yard space encroachments; projections into yards and easements. Encroachments or
projections into drainage and utility easements are not permitted, with the exception that overhangs up
to two feet are allowed for planned development districts that received final approval prior to 2007. The
following projections may be permitted into the required front, rear or exterior side yard setback;
provided, there is no encroachment or projection into the drainage and utility easements:
(1) Cornices, sills, eaves and other ornamental features to a distance of not more
than two feet, six inches;
(2) Fire escapes to a distance of not more than four feet, six inches;
(3) Decks and patios, in residential districts, to a distance of not more than one-half
the distance into yards;
(4) Bay windows, window wells, chimneys and fireplaces to a distance of not more
than three feet; provided that, these features do not occupy, in the aggregate, more than one-third the
length of the building wall on which they are located; and
(5) Retaining walls and landscaping timbers within easements by conditional use
permit. Retaining Walls and landscaping timbers or similar are not allowed in easement areas adjacent
to stormwater facilities.