ZONING ORDINANCE

APPENDIX C - SUBDIVISION

Ordinance No. 510.00

AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SUBDIVISION AND

PLATTING OF LAND WITHIN THE CITY OF

DETROIT LAKES, DEFINING CERTAIN TERMS USED THEREIN;

PROVIDING FOR THE PREPARATION OF PLATS; PROVIDING

FOR THE INSTALLATION OF STREETS AND OTHER IMPROVEMENTS;

PROVIDING FOR THE DEDICATION OF CERTAIN LAND FOR PARKS

AND PLAYGROUNDS; ESTABLISHING PROCEDURES FOR APPROVAL

AND THE RECORDING OF PLATS; PROVIDING PENALTIES FOR

VIOLATION OF THIS ORDINANCE; AND REPEALING

ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH

The City Council of the City of Detroit Lakes, does ordain:

Section 1. Title

This ordinance shall be known as the "subdivision ordinance of the City of Detroit Lakes," and will be referred to herein as "this ordinance".

Section 2. General Purpose

Subdivision 1. Purpose.

In order to safeguard the best interests of the City of Detroit Lakes and to assist the subdivider in harmonizing his interest with those of the City at large, the following ordinance is adopted so that the adherence to same will bring results beneficial to both parties. It is the purpose of this ordinance to make certain regulations and requirements for the platting in Minnesota Statutes Annotated, which regulations the City Council deems necessary for the health, safety, and general welfare of this community.

Subdivision 2. Jurisdiction.

The regulations herein governing plats and the subdivision of land shall apply within the corporate limits of the City and the unincorporated area within two (2) miles of its limits; provided that where a municipality lies less than four (4) miles from the limits of Detroit Lakes, these regulations shall apply only to a line equidistant from Detroit Lakes and said municipality; and provided further that the governing body or bodies of unincorporated areas adjacent to the City have not adopted ordinances for the regulation of subdivision of land or platting.

Subdivision 3. Approvals Necessary for Acceptance of Subdivision Plats.

Before any plat shall be recorded or be of any validity, it shall be referred to the City Planning Commission and approved by the City Council of Detroit Lakes as having fulfilled the requirements of this ordinance. No land shall be subdivided which is held unsuitable by the Council of the City of Detroit Lakes for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.

Subdivision 4. Conditions for Recording.

No plat of any subdivision shall be entitled to record in the Becker County Recorder's Office or have any validity until the plat thereof has been prepared, approved, and acknowledged in the manner prescribed by this ordinance.

Subdivision 5. Building Permits.

No building permits shall be considered for issuance by the City of Detroit Lakes for the construction of any building, structure, or improvement to the land or to any lot in a subdivision as defined herein, until all requirements of this ordinance have been fully complied with.

Subdivision 6. Exceptions.

When requesting a subdivision, if the following conditions exist, the City Administrator shall bring the request to the attention of the Planning Commission and the City Council; where-upon, the said request shall be reviewed and the City Council, following receipt of a recommendation from the Planning Commission, may exempt the subdivider from complying with any procedural requirements of this ordinance that are deemed inappropriate.

(a) In the case of a request to divide a lot which is a part of a recorded plat where the division is to permit the adding of a parcel of land to an abutting lot or to create two (2) lots and the newly created property line will not cause the other remaining portion of the lot or any structure to be in violation with this ordinance or the zoning ordinance.

(b) In the case of a governmental agency that needs to acquire property for a public purpose, said governmental agency shall be

exempt from the requirements of this Ordinance. (Ordinance No. 278, Adopted: 8/2/05)

Subdivision 7. Separability.

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason found to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance.

Subdivision 8. Conflict.

Whenever there is a difference between minimum standards or dimensions specified herein and those contained in other official regulations, resolutions, or ordinances of the City, the most restrictive standards shall apply.

Subdivision 9. Amendment.

The Subdivision Ordinance is hereby amended in its entirety.

Subdivision 10. Notification.

Copies of all plats with lands which are all or partially located within the shoreland district shall be submitted to the Commissioner of Natural Resources ten (10) days prior to such hearings as are required under this Ordinance No. 510.00 Sub-division Ordinance of the City of Detroit Lakes, Minnesota. Copies of all plats within the shoreland district shall be submitted to the Commissioner of Natural Resources within ten (10) days after final approval by the City Council.

Section 3. Rules

For the purpose of this ordinance, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural singular; and the word shall is mandatory and not discretionary.

Section 4. Definitions

For the purpose of this ordinance, certain words and terms are hereby defined as follows:

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

(2) Applicant. The owner of land proposed to be sub-divided for his representation. Consent shall be required from the legal owner of the premises.

(3) Block. An area of land within a subdivision that is entirely bounded by streets, or by streets and the entire boundary or boundaries of the subdivision, or a combination of the above with a river or lake.

(4) Boulevard. The portion of the street right-of-way between the curb line and the property line.

(5) Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and includes any structure.

(6) Building Permit. Is the building permit required under the building code of the City of Detroit Lakes.

(7) City. Is the City of Detroit Lakes.

(8) City Council. Is the governing body of the City of Detroit Lakes.

(9) Comprehensive Plan. The group of maps, charts and text that make up the comprehensive long-range plan of the City.

(10) Design Standards. The specifications to land owners or subdividers for the preparation of plats, both preliminary and final, indicating among other things, the optimum, minimum or maximum dimensions of such items as rights-of-way, blocks, easements, and lots.

(11) Easement. A grant by a property owner for the use of strip of land and for the purpose of constructing and maintaining drives, utilities, including, but not limited to, wetlands, ponding areas, sanitary sewers, watermains, electric lines, telephone lines, storm sewers, or storm drainage ways and gas lines.

(12) Easement, Slope. Is a grant by a property owner for the use of a strip of land for the purpose of constructing a slope or grade transition from the existing property grade to a new street grade.

(13) Final Plat. A drawing or map of a subdivision, meeting all of the requirements of the City and in such form as required by Becker County for the purpose of recording.

(14) Individual Sewage Disposal System. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.

(15) Intersection, Street. Is the point of crossing or meeting of two or more streets.

(16) Lot. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of the current Detroit Lakes zoning regulations, having not less than the minimum area required by said zoning ordinance for a building site in the district in which such lot is situated and having its principal frontage on a street.

(17) Lot, Corner. A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five (135) degrees.

(27) Setback. The distance between a building and the property line nearest thereto.

(28) Street. A public right-of-way affording primary access by pedestrian or vehicles or both, to abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard.

(29) Streets; Thoroughfares, Arterial Streets. Those streets carrying larger volumes of traffic and serving as links between various subareas of the community. Thoroughfares or arterial streets are intended to provide for collection and distribution of traffic between highways and collector streets; hence regulation of direct access to property is critical.

(30) Streets, Collector Streets. Those streets which carry traffic from local streets to the major system of arterials and highways. Collector streets primarily provide principal access to residential neighborhoods, including, to a lessor degree direct land access.

(31) Streets, Cul-de-sac. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

(32) Streets, Local Street. Those streets which are used primarily for access to abutting properties and for local traffic movement.

(33) Streets, Marginal Access Street. Those local streets which are parallel and adjacent to thoroughfares and highways; and which provide access to abutting pro-perties and protection from through traffic.

(34) Streets, Private. A private right-of-way affording access by pedestrians and vehicles which is under individual rather than municipal control.

(35) Street Width. The shortest distance between lines of lots delineating the street's right-of-way.

(36) Subdivider. Any individual, firm, association, syndicate, copartners, corporation, trust, or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this ordinance.

(37) Subdivision. The division of land resulting in a parcel of land less than five (5) acres in area or less than three hundred (300) feet in width, for the purpose of transfer of ownership or building development or, if a new street is involved, any division of land. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

(38) Tangent. Is a straight line departing from a curve which is perpendicular to the radius of that curve.

(39) Tract. A parcel of land intended for division or development of a subdivision.

(41) Vertical Curve. Is the surface curvature on a street centerline located between lines of different percentage of grade.

(A) Filing. Five (5) copies of the preliminary plat and list of property owners abutting the plat shall be submitted to the City Administrator. The required filing fee as established by City Council resolution shall be paid and any necessary applications by City Council resolution shall be paid and any necessary applications from variances from the provisions of this ordinance shall be submitted with the required fee. The proposed plat shall be placed on the agenda of the first possible Planning Commission meeting occurring after ten (10) days from the date of submission. The plan shall be considered as being officially submitted when all the information requirements are complied with.

(B) Hearing. The Planning Commission, upon receipt of said application, shall instruct the City Administrator to set a public hearing for public review of the preliminary plat. Said hearing shall be established once adequate time has been allowed for staff and advisory body review of the plat. The Planning Commission shall conduct the hearing, and report its finding and make recommendations to the City Council. Notice of said hearing shall consist of a legal property description, description of request and map detailing property location, and be published in the official newspaper at least ten (10) days prior to the hearing and written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty (350) feet of the boundary of the property in question.

(C) Technical Assistance Reports. After the public hearing has been set, the City Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the City Council.

(D) Review by Other Commissions or Jurisdictions. The City Administrator shall refer copies of the preliminary plat to the park board.

(E) Planning Commission Action. The Planning Commission shall make a recommendation to the City Council immediately following the close of the public hearing. If the Planning Commission has not acted upon the preliminary plat within thirty-five (35) days from the opening of the public hearing, the Council may act on the preliminary plat without the Planning Commission's recommendation.

(1) If all requirements of this ordinance and as additionally imposed by the Planning Commission are complied with, the Council shall act upon the preliminary plat and may impose conditions and restrictions which are deemed necessary within sixty (60) days of the date of the close of the Planning Commission's public hearing.

(2) If the preliminary plat is not approved by the City Council, the reasons for such action shall be recorded in the proceedings of the Council and transmitted to the applicant. If the preliminary plat is approved, such approval shall not constitute final acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this ordinance to be indicated on the final plat. The City Council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare, and convenience of the City of Detroit Lakes.

(3) If the preliminary plat is approved by the City Council, the subdivider must submit the final plat within one hundred (100) days after said approval or approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council.

(A) Filing. After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in the subdivisions which follow.

(B) Approval of the Planning Commission. Five (5) copies of the final plat shall be submitted to the City Administrator for distribution to the Planning Commission, City Council, and appropriate City staff, twenty (20) days prior to a Commission meeting at which consideration is requested. During the said twenty (20) days, the City stall shall examine the final plat and prepare a recommendation to the Planning Commission. Nature of approval, disapproval, or any delay in decision of the final plat will be conveyed to the subdivider within ten (10) days after the meeting of the City Planning Commission at which such plat was considered. In case the plat is disapproved, the subdivider shall be notified in writing of the reasons for such action and what require-ments shall be necessary to meet the approval of the Commission.

(C) Approval of the City Council. After review of the final plat by the Planning Commission, such final plat, together with the recommendations of the Planning Commission, shall be submitted to the City Council for approval. If accepted, the final plat shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication, and other requirements as indicated by the City Council. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval.

(D) Special Assessments. When any existing special assessments which have been levied against the property described be divided and allocated to the respective lots in the proposed plat, the City Administrator shall estimate the clerical cost of preparing a revised assessment roll, filing the same with the County Auditor, and making such division and allocation, and upon approval by the Council of such cost the same shall be paid to the City Administrator before the final plat is approved.

(E) Recording Final Plat. If the final plat is approved by the City Council, the subdivider shall record it with the Becker County Recorder within one hundred (100) days after said approval or approval of the final plat shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council. No building permits shall be let for construction of any structure on any lot in said plat until the City has received evidence of the plat being recorded by Becker County.

Any preliminary plat of a proposed subdivision deemed pre-mature for development shall be denied by the City Council of the City of Detroit Lakes.

A subdivision may be deemed premature should any of the conditions set forth in the provisions which follow exist:

(A) Lack of Adequate Drainage. A condition of inadequate drainage shall be deemed to exist if:

(1) Surface or subsurface water retention and runoff is such that it constitutes a danger to the structural security of the proposed structure.

(2) The proposed subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land.

(3) The proposed site grading and development will cause harmful and irreparable damage from erosion and siltation on downhill or downstream land.

(4) Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the land to floodplains; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect on effluents; and the presence of streams as related to effluent disposal.

(B) Lack of Adequate Water Supply. A proposed sub-division shall be deemed to lack an adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed division if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas.

(C) Lack of Adequate Roads or Highways to Serve the Subdivision. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when:

(1) Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that an increase in traffic volumes generated by the proposed subdivision would create a hazard to public safety and general welfare, or seriously aggravate an already hazardous condition, and when, with due regard to the advice of Becker County and/or the Minnesota Department of Transportation, said roads are inadequate for the intended use.

(2) The traffic volume generated by the proposed sub-division would create unreasonable highway congestion or unsafe conditions on highways existing at the time of the application or proposed for completion within the next two (2) years.

(D) Lack of Adequate Waste Disposal Systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if in subdivisions for which sewer lines are proposed, there is adequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five (5) years; or if in subdivisions where sewer lines are neither available nor proposed, there is inadequate on-site sewer capacity potential to support the subdivision if developed to the maximum permissible density indicated in the Detroit Lakes Comprehensive Plan, as may be amended.

(E) Inconsistency with Comprehensive Plan. The proposed subdivision is inconsistent with the purposes, objectives, and recommendations of the duly adopted Comprehensive Plan of Detroit Lakes, as may be amended.

(F) Providing Public Improvements. Public improvements, such as recreational facilities, or other public facilities, reasonably necessitated by the subdivision, which must be provided at public expense, cannot be reasonably provided for within the next two (2) fiscal years.

(G) MEQC Policies. The proposed subdivision is inconsistent with the policies of MEQC 25, as may be amended, and could adversely impact critical environmental areas or potentially disrupt or destroy historic areas which are designated or officially recognized by the City Council in violation of federal and state historical preservation law.

The burden shall be upon the applicant to show that the proposed subdivision is not premature.

The subdivider shall prepare and submit a preliminary plat, together with any necessary supplementary information. The preliminary plat shall contain the information set forth in the subdivisions which follow.

(1) Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing sub-divisions. Location of boundary lines in relation to a known section, quarter section, or quarter-quarter section lines comprising a legal description of the property.

(2) Names and addresses of all persons having property interest, the developer, designer, and surveyor together with his registration number.

(3) Graphic scale or plat, not less than one (1) inch to one hundred (100) feet.

(3) Location, width, and names of all existing or previously platted streets or other public ways, showing type, width and conditions of improvements, if any, railroad and utility rights-of-way, parks, and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract.

(4) If the proposed subdivision is a re-arrangement or a replat of any former plat, the lot and block arrangement of the original plat along with its original names, shall be indicated by dotted or dashed lines. Also, any revised or vacated roadways of the original plat shall be so indicated.

(5) Location and size of existing sewers, watermains, culverts, or other underground facilities within the tract and to a distance of one hundred (100) feet beyond the tract. Such data as grade, invert elevations, and locations of catch basins, manholes, and hydrants shall also be shown.

(7) In plats where public water and sewer are not avail-able, the subdivider shall file a report prepared by a registered civil engineer on the feasibility of individual on-site sewer and water systems on each lot, and shall include soils boring analysis and percolation tests to verify conclusions.

(1) Layout of proposed streets showing the right-of-way, centerline gradients, typical cross sections, and proposed names of streets in conformance with City and County street identification policies. The name of any street heretofore used in the City or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used.

(3) Where the subdivider owns property adjacent to that which is being proposed for the subdivision, it shall be required that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be required to relate well with existing or potential adjacent subdivisions.

(7) When lots are located on a curve, the width of the lot at the building setback line.

(8) Areas, other than streets, alleys, pedestrianways, and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres.

(9) Water Supply. Watermains shall be provided to serve the subdivision by extension of an existing community system wherever feasible. Service connections shall be studded into the property line and all necessary fire hydrants shall also be provided. Extensions of the public water supply system shall be designed so as to provide public water by and constructed under the super-vision of the City Engineer. In areas where public water supply is not available, individual wells shall be pro-vided on each lot, properly placed in relationship to the individual sewage disposal facilities on the same and adjoining lots. Well plans must comply with the Minnesota State Well Code, as may be amended, and be submitted for the approval of the City Engineer.

(10) Sewage Disposal, Public. Sanitary sewer mains and service connections shall be installed by and constructed under the supervision of the City Engineer.

(11) Sewage Disposal, Private. All on-site septic systems shall be installed in accordance with all applicable State Pollution Control Agency regulations and City ordinances.

(1) Any or all of the supplementary information requirements set forth in this subdivision shall be submitted when deemed necessary by the Planning Commission.

(4) Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the development on traffic, fire hazards, and congestion of population.

(5) If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights in the applicant.

(2) feet, water courses, marshes, rock outcrops, and other significant features, all superimposed on at least one print of preliminary plat. United States Geodetic Survey datum shall be used for all topographic mapping. High water elevation and date thereof if parts of plat are wet or have been wet. In the case of a subdivision where no new street is involved, the required topographic map may be waived if it is deemed unnecessary by the City Engineer and the Planning Commission.

(8) Where structures are to be placed on large or excessively deep lots which are subject to potential replat, the preliminary plat shall indicate a logical way in which the lots could possibly be resubdivided in the future.

(9) A plan for soil erosion and sediment control both during construction and after development has been completed. The plan shall include gradients of water-ways, design of velocity and erosion control measures, design of sediment control measures, and landscaping of the erosion and sediment control system.

(10) All vegetation preservation and protection plan that shows those trees proposed to be removed, those to remain, the types and locations of trees and other vegetation that are to be planted.

(11) A financial statement of the developer/subdivider satisfactory to the City.

The owner or subdivider shall submit a final plat together with any necessary supplementary information. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of Minnesota State Statutes and Becker County regulations, and such final plat shall contain the following information:

(A) Names of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision.

(B) Location by section, township, range, county and state, and including descriptive boundaries of the sub-division, based on an accurate traverse, giving angular and linear dimensions which must be mathematically close. The allowable error closure or any portion of a final plat shall be one (1) foot in seventy-five thousand (7,500).

(C) The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monu-ments on the nearest established street lines, including true angles and distances to such reference points or monuments.

(D) Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines.

(E) Lots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block.

(I) Scale of plat (the scale to be graphically on a bar scale), date and north arrow.

(J) Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under, and along the strips marked "utility easements".

(K) Statement dedicating all streets, alleys, and other public areas not previously dedicated as follows: Streets, alleys, and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated.

(A) Certification by registered surveyor in the form required by Section 505.03, Minnesota Statutes, as amended.

(B) Execution of all owners of any interest in the land, any holders of a mortgage thereon of the certificates required by Section 505.03, Minnesota Statutes, as amended, and which certificate shall include a dedication of the utility easements and other public areas in such form as approved by the City Council.

(C) Space for certificates of approval and review to be filled in by the signatures of the chairman of the City Planning Commission and the Mayor and City Administrator. The form of certificate by the Planning Commission is as follows:

Reviewed by the Planning Commission of the City of Detroit Lakes this day of , 19 .

(A) Block Length. In general, intersecting streets, determining block lengths, shall be provided at such intervals so as to serve cross-traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions should not exceed one thousand three hundred twenty-five (1,325) feet nor be less than four hundred (400) feet in length, except where topography or other conditions justify a departure from this maximum. In blocks longer than eight hundred (800) feet, pedestrian ways and/or easements through the block may be required near the center of the block.

(B) Block Width. The width of the block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered most suit-able for their respective use, including adequate space for off-street parking and deliveries.

(A) Area. The minimum lot area, width, and depth shall not be less than that established by the Detroit Lakes zoning ordinance in effect at the time of adoption of the final plat.

(B) Corner Lots. Corner lots for residential uses shall have additional width to permit appropriate building set-back from both streets are required in the zoning ordinance.

(C) Side Lot Lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines.

(D) Frontage. Every lot must have the minimum frontage on a City approved street other than an alley, as required in the Detroit Lakes zoning ordinance.

(E) Setback Lines. Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the Detroit Lakes zoning ordinance, as may be amended.

(F) Water Courses. Lots abutting a water course, wetland, ponding area, or stream shall have additional depth and width, as required under the provisions of the Detroit Lakes zoning ordinance.

(G) Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, water courses, historic spots, or similar situations which if preserved, will add attractiveness and stability to the proposed development

(H) Lot Remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels.

(I) Political Boundaries. No singular plat shall extend over a political boundary or school district line without document notification to affected units of government.

(J) Frontage on Two Streets. Double-frontage, or lots with frontage on two (2) parallel streets, shall not be permitted except: where lots back on arterial streets or highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double-frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for screen planting along the back lot line.

(K) Turn Around Access. Where proposed residential lots abut a collector or arterial street, they should be platted in such a manner as to encourage turn-around access and egress on each lot.

(A) Streets, Continuous. Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to run-off of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of area to be served.

(B) Local Streets and Dead-End Streets. Local streets should be so planned as to discourage their use by non-local traffic. Dead-end streets are prohibited, but cul-de-sacs shall be permitted where topography or other physical conditions justify their use. Cul-de-sacs shall not be longer than five hundred (500) feet, including a terminal turn-around which shall be provided at the closed end, with a right-of-way radius of not less than seventy (70) feet.

(C) Street Plans for Future Subdivisions. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.

(D) Temporary Cul-de-Sac. In those instances where a street is terminated pending future extension in conjunction with future subdivision, a temporary turn-around facility shall be provided at the closed end, in conformance with cul-de-sac requirements.

(E) Provisions for Resubdivision of Large Lots and Parcels. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resub-division, with provision for adequate utility connections for such resubdivision.

(F) Street Intersections. Under normal conditions, streets, shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. Under normal conditions, the minimum angle of intersection of streets shall be eighty (80) degrees. Street intersection jogs with an offset of less than one hundred twenty-five (125) feet shall be avoided.

(G) Subdivision Abutting Major Rights-of-Ways. Wherever the proposed subdivision contains or is adjacent to the right-of-way of a U.S. or State Highway or thoroughfare, provision may be made for a marginal access street approximately parallel and adjacent to the boundary of such right-of-way, provided that due consideration is given to proper circulation design, or for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths.

(H) Sidewalks. In those cases where the City Council deems appropriate and necessary, sidewalks of not less than six (6) feet in width shall be provided. In all cases where sidewalks are provided, provisions shall be made for handicapped access.

(I) Service Access, Alleys. Service access shall be provided in commercial and industrial districts for off-street loading, unloading, and parking consistent with and adequate for the uses proposed. Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Alleys, where provided, shall not be less than thirty (30) feet wide. Dead-end alleys shall be avoided wherever possible, but if unavoidable, such dead-end alleys may be approved if adequate turn-around facilities are provided at the closed end.

(J) Half Streets. Dedication of half streets shall not be considered for approval except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations or where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided.

(K) Street Grades. Except when, upon the recommendation of the City Engineer, the topography warrants a greater maximum, the grades in all streets, thoroughfares, collector streets, local streets and alleys in any subdivision shall not be greater than as follows: Arterial street, four (4) percent; Collector street, five (5) percent; Local street and alley, eight (8) percent. In addition, there shall be a minimum grade on all streets and thoroughfares of not less than thirty (30) percent.

(L) Reverse Curves. There shall be a tangent between all reversed curves of a length in relation to the radii of the curves so as to provide for a smooth flow of traffic.

(M) Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under conditions accepted by the City Council.

(N) Street Right-of-Way Width. For all public ways hereafter dedicated and accepted, the minimum right-of-way widths for streets and thoroughfares, shall be as shown in the Comprehensive Plan for Detroit Lakes, and where not shown therein, the minimum right-of-way width for streets, thoroughfares, alleys, or pedestrian ways included in any subdivision shall not be less than the minimum dimensions for each classification as follows:

Where existing or anticipated traffic on thoroughfares warrants greater widths of right-of-way, these shall be required.

(O) Street Alignment. The horizontal and vertical alignment standards on all streets shall be as follows:

(2) Vertical. All changes in street grades shall be connected by vertical parabolic curves of such length as follows:

(3) Private Streets. All proposed streets shall be offered for dedication as public streets. No private streets shall be permitted, except as set forth in other ordinances.

(A) Width and Location. An easement for utilities at least six (6) feet wide, shall be provided along all lot lines. If necessary for the extension of main water or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots.

(B) Continuous Utility Easement Location. Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council after a public hearing.

(C) Guy Wires. Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along side lot lines.

(A) The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion.

(B) Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion.

C) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time.

(D) When soil is exposed, the exposure shall be for the shortest feasible period of time, as specified by the City Engineer.

(E) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. Top soil shall be restored or provided to a depth of four (4) inches and shall be of a quality at least equal to the soil quality prior to development.

(G) Runoff water shall be diverted to a sedimentation basin before being allowed to enter the natural drainage system.

All subdivision design shall incorporate adequate provisions for storm water runoff subject to review and approval of the City Engineer.

Where land proposed for subdivision is deemed environmentally sensitive by the City, due to the existence of wetlands, drainage ways, water courses, floodable areas of steep slopes, the design of said subdivisions shall clearly reflect all necessary measures of protection to insure against adverse environmental impact.

No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe boundaries, the Regulatory flood Protection Elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

Floodway/Flood Fringe Determination in the General Flood Plain District: In General Flood Plain District, applicants shall provide the information required in Section 16, Subdivision 6.2 of the Zoning Ordinance to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the Regulatory Flood Protection Elevation for the subdivision site.

Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished through lot enlargement or dedication of those sensitive areas in the form of outlots.

In general, measures of protection shall include design solutions which allow construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the subdivider shall be required to demonstrate that the proposed design will not require construction on slopes over eighteen (18) percent, or result in significant alteration to the natural drainage system such that adverse impacts cannot be contained within the plat boundary.

A. Land Suitability. Each lot created through subdivision, including planned unit developments authorized under Section 18 of the Zoning Ordinance, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision of the community.

B. Consistency With Other Controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment systems is consistent with Sections 5.2 and 5.8 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Section 5.l, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved.

C. Information Requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following:

1. topographic contours at ten-foot intervals or less from United States Geological Survey maps or more accurate sources, showing limited site characteristics;

2. the surface water features required in Minnesota Statutes, Section 505.02, Subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;

3. adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;

4. information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;

5. location of 100-year flood plain areas and floodway districts from existing adopted maps or data; and

6. a line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or streams.

D. Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.

E. Platting. All subdivisions that create five or more lots or parcels that are 2-1/2 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a normal subdivision.

F. Controlled Access or Recreational Lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in Section 18 of the Zoning Ordinance

(1) Before a final plat may be approved by the City Council, the owner shall execute and submit to the Council an agreement, which shall be binding on his (or their) heirs, personal representatives and assigns, that he shall cause no private construction on said land except with approval of the City Engineer, until all improvements required under this ordinance have been petitioned for, arranged for, or have been constructed.

(2) No final plat shall be approved by the Council with-out first receiving a report from the City Engineer certifying that the improvements described herein, together with the agreements and documents required herein will meet the minimum requirements of all applicable ordinances. Refer to special assessment policies, City of Detroit Lakes, February, 1978, as may be amended.

(3) A certified copy of the plat restrictions shall be filed with the City Administrator and Register of Deeds which shall include a provision that, in all instruments of sale or conveyance given before all street improvements have been made, the grantee shall agree to and approve such improvements and the assessment of their cost.

(1) Upon recommendation of the Engineer and with the approval of the City Council, any or all of the required improvements may be financed and assessed by the City pursuant to M.S.A. 429. Length of assessment period and rate of interest shall be as determined by the City Council. Refer to special assessment policies, City of Detroit Lakes, February, 1978, as may be amended.

(1) If deemed advisable and to be in the best interests of the City, the City Council may require the developer to finance and pay for any or all improvements. Prior to the making of such required improvements, the owner or subdivider shall deposit with the City Administrator an amount equal to the City Engineer's estimated cost of any or all such improvements which are to be financed by the developer, either in cash or an indemnity bond, with sureties to the satisfaction of the City, conditioned upon the payment of all construction costs incurred by the City in making such improvements and all expense incurred by the City for engineering and legal fees and other expense in connection with the making of such improvements. All improvements shall be contracted through the City of Detroit Lakes.

The following improvements shall be constructed as provided for in this section. Programming of improvements shall be approved by the City Engineer.

(A) City Obligation. The City of Detroit Lakes will construct, furnish, and install at City expense, the following improvements according to City specifications. Furnishing of these improvements shall be commensurate with available City funds for such work and according to programs and priorities as established by the City Council. If the developer would desire any of these improvements sooner than the City would be able to furnish them, then the costs of the following improvements shall be paid for by the developer.

(1) Storm Sewer. Storm sewer mains will be constructed by the City as funds are available. Connection shall be made at the boundary of the subdivision, if available, or to some other approved discharge outlet. The developer shall secure or provide the necessary easements or discharge permits. This requirement shall not prevent the City from acquiring necessary easements by eminent domain. Any costs for such easements shall be borne by the developer.

(2) Street Lighting. Street lighting shall be constructed by the City, preferably after curb and gutter have been installed. If additional or other type of lighting is desired by the developer, he shall pay the increased cost thereof.

(3) Signs. Street name signs and traffic control signs shall be installed by the City.

(B) Obligation of Developer. The developer shall pay the proportionate amount of the following improvements on or for his subdivision or development. Financing shall be according to Subdivision 1 of this section and special assessment policies for the City of Detroit Lakes, February 1978, as may be amended.

(1) Site Grading. Necessary site grading shall be accomplished by the subdivider.

(2) Street Grading. Streets shall be graded for the total width of the right-of-way and to the elevations as established by the City Engineer. A minimum of four (4) inches of granular base material shall be applied to a width of forty (40) feet. More base material should be applied if required to stabilize the road bed.

(3) Street Improvements. Street improvements consisting of base material; curb and gutter storm water inlets and leads; and paving shall be constructed in accordance with plans as prepared by, and under the supervision of the City Engineer.

Temporary construction may, at the discretion of the City Engineer, be required, for just cause, on any street, streets, or portion thereof. Reconstruction or alteration in any way of existing streets affected by the plat or improvements thereupon, shall be subject to the approval of the City Engineer. All costs therein shall be borne by the owner or subdivider. Half streets, if accepted, shall be improved as directed by the City Engineer.

(4) Sanitary Sewer. Where sanitary sewer is or will be available at the boundary of the subdivision, it shall be constructed in accordance with plans as prepared by and under the supervision of the City Engineer. The cost of any required pumping station, deemed necessary by the engineer shall be assessed against the benefiting property. Where it is neither practical nor economical for the City to extend City sewer, private sewage disposal facilities shall be constructed according to City and State specifications. Consideration shall be given to future availability of City sewer in such installations. Such information shall be recorded on the plat and in deed so affected.

(5) Watermain. Where City water is or will be available at the boundary of the subdivision, it shall be constructed in accordance with plans as prepared by and under the supervision of the City Engineer.

Where it is neither practical nor economical for the City to extend City water, private water supplies shall be constructed according to City and State specifications.

(6) Trees. Boulevard trees, if desired, shall be installed by the owner or developer in accordance with park department standards.

(1) Dedication of Parks and Recreational Land for Residential Areas. Upon recommendation by the Planning Commission, in conjunction with the Park Board, and upon approval by the City Council, in consideration of the particular type of residential development proposed, the subdivider shall be required to dedicate and deed to the City such areas of a character, extent and location suitable to the needs created by such development for park and other recreational purposes. It is hereby found and declared that at the time of platting it is reasonable to require an amount of land equal to six (6) percent of the land proposed to be sub-divided for parks and recreation purposes.

As an alternative, if the land proposed for dedication does not meet the needs of the area, the City Council, after receiving a recommendation from the Planning Commission, may require the subdivider to pay in cash an amount equal to six (6) percent of the fair market value of the undeveloped land as defined in these regulations in lieu of the dedication of the land. The fair market value shall be determined by the City Assessor's Office. For purposes of this section only, undeveloped land shall be defined as bare, platted land after utilities, streets and other normal improvements are in place. The cash payment shall be used for the purchase of the land or the development of existing or future parks and playgrounds in the same general area. When land is dedicated and deeded to the City for Park purposes, it shall be the responsibility of the City Parks Department to maintain such dedicated property.

(2) Dedication of Storm Water Holding Areas or Ponds. Upon recommendation of the City Engineer and Planning Commission and approval by the City Council, the subdivider may be required to dedicate to the public a portion of the land proposed to be subdivided for storm water holding areas or ponds as required to meet the storm water holding needs of said plat. (Ordinance No. 271, Adopted 5-03-05)

It is the intention of this ordinance that all registered land surveys in the City of Detroit Lakes should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this ordinance for preliminary plats and that the Planning Commission shall first approve the arrangement, sizes, and relationships of proposed tracts in such registered land surveys and that tracts to be used as easements or roads should be so dedicated. Unless a recommendation and approval has been obtained from the Planning Commission and City Council, respectively, in accordance with the standards set forth in this ordinance, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys and the City may refuse to take over tracts as streets or roads to improve, repair, or maintain any such tracts unless so approved.

No division of one (1) or more parcels in which the land conveyed is described by metes and bounds shall be made or recorded if the parcels described in the conveyance are five (5) acres or less in area and three hundred (300) feet or less in width unless such parcel was a separate parcel or record at the effective date of this ordinance. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method and the City may refuse to take over tracts as streets or roads or to improve, repair, or maintain any such tracts.

The Planning Commission may recommend a variance from the minimum standards of this ordinance (not procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds:

(A) That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land.

(B) That the granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to other property in the territory in which property is situated.

(C) That the variance is to correct inequities resulting from an extreme physical hardship such as topography, etc. After considerations of the Planning Commission recommendations, the City Council may grant variances, subject to A, B, and C immediately above.

(A) Requests for a variance or appeal shall be filed with the City Administrator on an

established by City Council resolution. Such application shall also be accompanied by ten (10) copies of detailed written and graphic materials necessary to the explanation of the request.

(B) Upon receiving said application, the City Administrator shall refer the application, along with all related information, to the City Planning Commission for a report and recommendation to the City Council.

unless the filing date falls within fifteen (15) days of said meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The City Administrator shall refer said application, along with all related information, to the City Planning Commission for consideration and a report and recommendation to the City Council.

(D) The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed variance request.

(E) The variance application shall be referred to the City staff for a report and recommendation to be presented to the Commission. A preliminary draft of the City staff's report and recommendation shall be given to the City Planning Commission at least seven (7) days prior to the meeting in which said report and recommendations are to be presented. The final report and recommendations to the City staff are to be entered in and made part of the permanent written record of the Planning Commission meeting.

(F) The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning the variance or to retain expert testimony with the consent and at the expense of the applicant concerning said variance where said information is declared necessary to insure preservation of health, safety, and general welfare.

(G) The Planning Commission shall request the City Administrator to set a date for a public hearing. Notice of such hearing shall be published in the official newspaper at least ten (10) days prior to said hearing and individual notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within three hundred fifty (350) feet of the parcel included in the request.

(H) Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this ordinance.

(I) The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of the ordinance. Such recommendation shall be in writing and accompanied by the report and recommendation of the City staff.

(J) The City Council shall not grant a variance until they have received a report and recommendation from the Planning Commission and the City staff or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered.

(K) Upon receiving the report and recommendation of the Planning Commission and City staff, the City Council shall place the report and recommendation on the agenda for the next regular meeting. Such report and recommendations shall be entered in and made a part of the perm-anent written record of the City Council meeting.

(L) Upon receiving the report and recommendation of the Planning Commission and City staff, the City Council shall make a recorded finding of fact and impose any condition it considers necessary to protect the public health, safety, and welfare.

(M) The City Council shall decide whether to approve or deny a request for a variance or an appeal within thirty (30) days after the public hearing on said request.

(N) A variance of this subdivision ordinance or grant of an appeal shall be by majority of the full City Council.

(O) The City Administrator shall notify the originator of the variance request or appeal of the City Council's decision in writing.

The County Recorder shall submit to the City’s Zoning Administration Office copies of any documents presented for filing which appear to be in violation of this ordinance. The Zoning Administrator shall examine each such instrument to determine whether the proposed conveyance complies with this ordinance. If the conveyance does not comply with this ordinance, the Zoning Administrator shall give notice by mail of the potential violation to the parties to the conveyance.

It shall be unlawful to sell, trade, or otherwise convey any lot or parcel of land in violation of this ordinance.

Subdivision 3. Misrepresentation as to Construction, Supervision, or Inspection Improvements

It shall be unlawful for any person, firm, or corporation owning an addition or subdivision of land within the City to represent that any improvement upon any of the streets, alleys, or avenues of said addition or subdivision or any sewer in said addition or subdivision has been constructed according to the plans and specifications approved by the City Council, or has been supervised or inspected by the City when such improvements have not been so constructed, supervised, or inspected.

Anyone violating any of the provisions of this Ordinance shall be guilty of a misdemeanor. Each calendar month in which a violation occurs, or continues shall constitute a separate offense.

The City, in addition to other remedies, may institute other appropriate actions or proceedings to prevent, restrain, correct or abate any violations or threatened violations.

This ordinance shall become effective 30 days after its publication in the official newspaper designated by the City Council of the City of Detroit Lakes.

Once this amendment becomes effective, Sections 10, 11 and 12 of the Subdivision Regulations shall be recorded with the Becker County Recorder’s Office.

Amended: 01/02/01 Ord. #207

That this ordinance is enforced from and after its publication as provided by law.

Section 1. A petition has been filed with the governing body of the City of Detroit Lakes, Minnesota, by the owner of the following described real estate to have such land included within the City of Detroit Lakes, Minnesota:

Commencing at the northwest corner of Section 35, Township 139 North, Range 41 West of the Fifth Principal Meridian, Becker County, Minnesota; thence north along the west line of Section 26; Township 139 North, Range 41 West at a bearing of north 01 degree, 54 minutes and 19 seconds east for a distance of thirty-three (33) feet; thence south 90 degrees 24 minutes and 00 seconds east, also parallel with the north line of said Section 35, for a distance of 2653.22 feet; thence south 89 degrees 35 minutes east and continuing parallel with the North line of said Section 35 for a distance of 483.12 feet; thence south 01 degree 42 minutes west for a distance of 194.86 feet to the centerline of the westbound track of the Northern Pacific railroad; thence north 56 degrees 43 minutes west along the centerline of the westbound railroad tracks for a distance of 2129.91 feet; thence north 56 degrees 19 minutes 24 seconds west along the centerline of the westbound railroad tracks to a point of intersection with the West line of Section 35, Township 139 North, Range 41 West; and thence north 01 degree 54 minutes 19 seconds east to the northwest corner of said Section 35, the point of beginning.

Commending at the northwest corner of Section 35; Township 139 North, Range 41 West; thence east at a bearing of South 89 degrees 24 minutes east, along the north line of said Section 35 for a distance of 1326.61 feet; thence south 01 degree 53 minutes west for a distance of 823.63 feet to the point of beginning of this description; thence south 01 degree 53 minutes west for a distance of 550.86 feet along the east line of the NW 1/4 of the NW 1/4 of Section 35-139-41 to the northeasterly line of the Northern Pacific Railroad right-of-way; thence north 56 degrees 19 minutes 24 seconds west along the right-of-way line for a distance of 685.51 feet; thence south 84 degrees 59 minutes 46 seconds east for a distance of 461.34 feet; thence south 76 degrees 46 minutes 48 seconds east for a distance of 731.62 feet to the point of beginning of this description.

Commencing at the northwest corner of Section 35, Township 139 North, Range 41 West; thence east at a bearing of south 89 degrees 24 minutes east along the north line of said Section 35 for a distance of 1326.61 feet; thence south 01 degree 53 minutes west along the east line of the NW 1/4 of the NW 1/4 of Section 35-139-41 for a distance of 1414.34 feet to the northeasterly line of the Northern Pacific Railroad right-of-way; thence south 56 degrees 43 minutes west, along the railroad right-of-way for a distance of 132.48 feet to the point of beginning of this description; thence north 30 degrees 42 minutes west for a distance of 225 feet; thence south 56 degrees 43 minutes east for a distance of 279 feet; thence south 30 degrees 42 minutes west for a distance of 225 feet to the railroad right-of-way; and thence north 56 degrees 43 minutes west for a distance of 279 feet to the point of beginning.

Section 2. The City Council hereby determines; (1) that the annexation will be to the best interests of the City of Detroit Lakes, Minnesota, and of the territory affected; (2) that the territory described herein abuts upon the City of Detroit Lakes and is so conditioned as property to be subjected to the City government.

Section 3. Therefore, the City of Detroit Lakes, Minnesota, hereby ordains and declares that the property hereinbefore described be and the same is hereby annexed to and included in the City of Detroit Lakes, Minnesota, as effectually as if it had originally been a part thereof.

Section 4. This ordinance shall be final and shall take effect and be in force from and after filing certified copy thereof with the Minnesota Municipal Commission, the County Auditor, and the Secretary of State, and from and after its passage and publica-tion.

That part of the Southwest Quarter of Section 26, Township 139 North, Range 41 West of the 5th Principal Meridian in Becker County, Minnesota, described as follows:

Commencing at the Southeast Corner of Lot 7 of "Mountain View First Addition" plat of which is on file and of record in the office of the Registrar of Deeds of said County; thence south 89 degrees 59 minutes 21 seconds east on an assumed bearing 25.00 feet; thence south 00 degrees 49 minutes 39 seconds west 66.01 feet to the point of beginning, said point being the Southeast Corner of said "Mountain View First Addition" and also being located on the southerly right-of-way line of Central Street; thence north 00 degrees 49 minutes 39 seconds east 647.08 feet along the easterly line of said "Mountain View First Addition" to the Northeast Corner of said "Mountain View First Addition"; thence south 89 degrees 59 minutes 21 seconds east 31.06 feet;thence north 89 degrees 57 minutes 09 seconds east 128.62 feet; thence north 00 degrees 11 minutes 25 seconds west 200.32 feet to the southerly right-of-way line of Trunk Highway No. 34; thence North 89 degrees 57 minutes 09 seconds east 66.01 feet along said right-of-way line; thence south 00 degrees 11 minutes 25 seconds east 200.32 feet; thence north 89 degrees 57 minutes 09 seconds east 121.90 feet; thence south 00 degrees 46 minutes 49 seconds west 86.76 feet; thence south 89 degrees 06 minutes 24 seconds east 14.57 feet; thence south 00 degrees 11 minutes 25 seconds east 315.31 feet; thence north 89 degrees 48 minutes 34 seconds east 96.16 feet to the Southeast Corner of Rindy's land as described in Book 138 of Deeds, Page 402, in the Office of the Registrar of Deeds, of said County; thence south 88 degrees 09 minutes 51 seconds east 140.00 feet along the south line of said Rindy's land; thence south 88 degrees 09 minutes 51 seconds east 66.02 feet; thence south 03 degrees 12 minutes 09 seconds west 173.12 feet; thence south 89 degrees 59 minutes 21 seconds east 665.29 feet; thence south 00 degrees 55 minutes 39 seconds west 66.01 feet; thence north 89 degrees 59 minutes 21 seconds west 1328.00 feet to the point of beginning,and containing 8.37 acres of land.

Section 2. The City Council hereby determines: (1) that the annexation will be to the best interests of the City of Detroit Lakes, Minnesota, and of the territory affected; (2) that the territory described herein abuts upon the City of Detroit Lakes and is so conditioned as property to be subjected to the City government.

That part of the Southwest Quarter of Section 26, Township 139 North, Range 41 West of the 5th Principal Meridian, Becker County, Minnesota, described as follows:

Commencing at the southwest corner of said Section 26; thence north 00 degrees 48 minutes 26 seconds east (assumed bearing) 858.00 feet along the west line of Section 26; thence south 89 degrees 11 minutes 34 seconds east 33.00 feet to the northwest corner of Clyde R. Lund's tract as described in Book 172 of Deeds, Page 179, in the Office of the Registrar of Deeds of said County; thence continuing south 89 degrees 11 minutes 34 seconds east 300.00 feet along the north line of said Lund tract to the point of beginning; thence north 00 degrees 46 minutes 53 seconds east 150.00 feet; thence north 89 degrees 11 minutes 34 seconds west 299.93 feet to the east line of Roosevelt Avenue; thence north 00 degrees 48 minutes 26 seconds east 66.00 feet along the east line of said Roosevelt Avenue; thence south 89 degrees 11 minutes 34 seconds east 299.90 feet; thence north 00 degrees 46 minutes 53 seconds east 90.49 feet to an existing iron monument; thence north 89 degrees 11 minutes 34 seconds west 299.85 feet to the east line of Roosevelt Avenue; thence north 00 degrees 48 minutes 26 seconds east 145.86 feet along said Roosevelt Avenue to the southwest corner of Block 2, "Mountain View" plat of which is on file and of record in the office of the Registrar of Deeds of said County; thence north 00 degrees 45 minutes 11 seconds east 404.08 feet along the westerly line of said Block 2 "Mountain View" to the south line of Central Street; thence south 89 degrees 59 minutes 21 seconds east 1855.01 feet along the south line of said Central Street; thence south 00 degrees 55 minutes 39 seconds west 1053.83 feet to the south line of the north half of the south half of said southwest quarter; thence south 89 degrees 50 minutes 49 seconds west 780.25 feet along the south line of the north half of the south half of the said southwest quarter; thence north 00 degrees 47 minutes 38 seconds east 7.17 feet to an existing iron monument; thence continuing north 00 degrees 47 minutes 38 seconds east 86.24 feet to an existing iron monument; thence south 89 degrees 58 minutes 02 seconds west 280.22 feet to an existing iron monument; thence south 00 degrees 01 minutes 58 seconds east 4.61 feet to the north line of said Lund tract; thence north 89 degrees 11 minutes 34 seconds west 491.92 feet along the north line of said Lund tract to the point of beginning; said tract containing 38.49 acres.

Section 1. A Petition has been filed with the governing body of the City of Detroit Lakes, Minnesota, by the owner of the following described real estate to have such land included within the City of Detroit Lakes, Minnesota:

Block Tow of Nor-Lake Second Addition, and the east 33 feet, the same being the east one-half of Knollcrest Avenue abutting said Block 2; and the west 33 feet, the same being the west one-half of Broadway Avenue abutting said Block 2. Contains 1.637 acres.

That part of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section 26, Township 139 North of Range 41 West of the 5th Principal Meridian described as follows, to wit:

Beginning at a point 40 rods north of the southwest corner of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4), Section 26, Township and Range aforesaid, thence north 12 rods; thence east at right angles 67 rods; thence south at right angles 12 rods; thence west to point of beginning, except the west 33 feet of the above described tract which was conveyed to the City of Detroit Lakes by a Deed dated January 20, 1966, and recorded November 6, 1967, in Book 214 of Deeds, Page 545, in the Office of the Registrar of Deeds, in and for Becker County, Minnesota. Contains 4.875 acres.

A 1.10 acre tract of land in the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section 26, Township 139 North of Range 41, West of the 5th Principal Meridian, Becker County, Minnesota, described as follows, to wit:

Beginning at the southwest corner of said Section 26, thence running east on and along the south line of said Section 26, a distance of 175 feet; thence north and parallel to the west line of said Section 26 a distance of 33 feet to an iron monument; thence running north and parallel to the west line of said Section 26 a distance of 240 feet; thence running west and parallel to the south line of said Section 26, a distance of 175 feet to the west line of Section 26, a distance of 273 feet to the point of beginning and there terminating. The herein described tract subject to an easement in the public for road or street purposes on the south 33 feet and the west 33 feet thereof. Contains 0.782 acres of lot, excluding streets.

Section 2. The City Council hereby determines: (1) that the annexation will be to the best interests of the City of Detroit Lakes, Minnesota, and the territory affected: (2) that the territory described herein abuts upon the City of Detroit Lakes and is so conditioned as property to be subjected to the City government.

Section 4. This ordinance shall be final and shall take effect and be in force from and after filing certified copy thereof with the Minnesota Municipal Commission, the County Auditor, Clerk of the Town Board, and the Secretary of State, and from and after its passage and publication.

THE COUNCIL OF THE CITY OF DETROIT LAKES, BECKER COUNTY, MINNESOTA, DOES ORDAIN:

Section 1. The following described tract of land in Detroit Township, Becker County, Minnesota, are completely surrounded by land within the municipal limits of the City of Detroit Lakes, Minnesota, and may be declared annexed to the City, pursuant to M.S.A. Section 414.033, Subd. 4:

Part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 26, Township 139 North, Range 41 West.

Beginning at the northwest corner of the Southwest Quarter (SW 1/4) of Section 26, Township 139 North, Range 41 West; thence East along the north line of said Southwest Quarter (SW 1/4) of Section 26, for a distance of 725.09 feet, more or less, to a point of intersection with the west line of Barbara Avenue extended; thence south along the west line of Barbara Avenue for a distance of 258.32 feet, more or less, the northwest corner of Lot 2, Block 1, Mountain View Second Addition; thence west along the north line of said Lot 2 and the north line of platted North Street for a distance of 729.68 feet, more or less, to the west line of said Section 26; and thence north along the west line of said Section 26 for a distance of 258.26 feet, more or less, to the point of beginning. The described tract contains approximately 4.310 acres.

Part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 26, Township 139 North, Range 41 West.

Commencing at the southwest corner of Section 26, Township 139 North, Range 41 West; thence northerly 1074 feet on and along the west line of said Section 26; thence easterly 33 feet at a right angle to the west line of said Section 26 to the point of beginning of this description; thence north and parallel with the west line of said Section 26 for a distance of 90.49 feet; thence east and at right angles to the west line of said Section 26 for a distance of 299.85 feet; thence south 90.49 feet to a point that is 332.90 feet east of the west line of said Section 26; thence west 299.90 feet to the point of beginning. This tract to contain approxi-mately 0.621 acres.

Part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 26, Township 139 North, Range 41 West.

Commencing at the southwest corner of Section 26, Township 139 North, Range 41 West; thence proceeding northerly 858 feet on and along the west line of said Section 26; thence proceeding easterly 33 feet at a right angle to the west line of said Section 26 to the point of beginning of this description; thence north and parallel with the west line of said Section 26 for a distance of 150 feet; thence east and at right angles to the west line of said Section 26 for a distance of 299.93 feet; thence south 150 feet to a point that is 333 feet east of the west line of said Section 26; and thence west 300 feet to the point of beginning. This tract to contain approximately 1.033 acres.

Part of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 35, Township 139 North, Range 41 West.

Commencing at the northwest corner of Section 35, Township 139 North, Range 41 West; thence east at a bearing of south 89 degrees 24 minutes east, along the north line of said Section 35 for a distance of 1326.61 feet; thence south 01 degrees 53 minutes west for a distance of 823.63 feet to the point of beginning of this description; thence continuing south 01 degrees 53 minutes west for a distance of 550.86 feet along the east line of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 35, Township 139 North, Range 41 West to the northeasterly line of the Burlington Northern Railroad Company right-of-way; thence north 56 degrees 19 minutes 24 seconds west along the right-of-way line for a distance of 1381.51 feet; thence south 84 degrees 59 minutes 46 seconds east for a distance of 461.34 feet; thence south 76 degrees 46 minutes 48 seconds east for a distance of 731.62 feet to the point of beginning of this description. This tract contains approximately 8.000 acres.

Part of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section 35, Township 139 North, Range 41 West.

Commencing at the northwest corner of Section 35, Township 139 North, Range 41 West; thence east at a bearing of south 89 degrees 24 minutes east along the north line of said Section 35 for a distance of 1326.61 feet; thence south 01 degrees 53 minutes west along the east line of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 35, Township 139 North, Range 41 West for a distance of 1414.34 feet to the northeasterly line of the Burlington Northern Railroad Company right-of-way; thence south 56 degrees 43 minutes east along the railroad right-of-way for a distance of 132.48 feet to the point of beginning of this description; thence north 30 degrees 42 minutes east for a distance of 225 feet; thence south 56 degrees 43 minutes east for a distance of 279 feet; thence south 30 degrees 42 minutes west for a distance of 225 feet to the railroad right-of-way; and thence north 56 degrees 45 minutes west for a distance of 279 feet to the point of beginning. This tract contains approximately 1.441 acres.

(Revision of description to include tracts of land omitted in the area annexed to the City by order of the Minnesota Municipal Commission, dated June 18, 1971).

Located in the west half (W 1/2) of the Southwest Quarter (SW 1/4) of Section 35, Township 139 North, Range 41 West.

Beginning at the northeast corner of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 35, Township 139 North, Range 41 West; thence south along the east line of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of said Section 35 for a distance of 33 feet; thence west and parallel with the north line of the Southwest Quarter (SW 1/4) of the South-west Quarter (SW 1/4) of said Section 35 for a distance of 399.83 feet; thence north 66 feet to the north line of Granger Road; thence east and parallel with the north line of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of said Section 35 for a distance of 63.83 feet; thence southeasterly along the north line of Granger Road for a distance of 337.61 feet to the point of beginning. The acreage of the above described tract was included in the area annexed to the City by order of the Minnesota Municipal Commission, dated June 18, 1971.

(Revision of description to include tracts of land omitted in the area annexed to the City by order of the Minnesota Municipal Commission, dated June 18, 1971).

Commencing at the northeasterly corner of Lot 10, Block 1, Breezy Point Addition; thence northeasterly along the extended east line of said Lot 1, Block 1, Breezy Point Addition to its point of intersection with the south right-of-way line of North Shore Drive, also known as County Road No. 130, which is the point of beginning of this description; thence continuing along the same bearings for a distance of 33 feet, more or less, to the center line of North Shore Drive; thence east along the center line of North Shore Drive to a point of intersection with the east line of Madison Avenue where it extended south; thence north along the east line of Madison Avenue extended to a point of intersection with the north line of North Shore Drive; thence easterly along the north right-of-way line of North Shore Drive to the east line of the Northwest Quarter (NW 1/4) of Section 2, Township 139 North, Range 41 West; thence south along the east line of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of said Section 2 to the center-line of North Shore Drive; thence west along the center line of North Shore Drive to a point of intersection with the east line of Madison Avenue where it extended south; thence south along the east line of Madison Avenue extended to the south right-of-way line of North Shore Drive; thence east along the south right-of-way line of North Shore Drive to the point of beginning. The acreage of the above described tract was included in the area annexed to the City by order of the Minnesota Municipal Commission, dated June 18, 1971.

Section 2. The Council of the City of Detroit Lakes, Minnesota, hereby determines:

1. That the annexation of the above described tracts will be in the best interests of the City of Detroit Lakes, Minnesota, and of the territories affected, to properly exercise governmental control in the territories including zoning ordinances, subdivision regulations, and housing and building codes.

2. That the tracts of land described, presently in Detroit Township, are completely surrounded by land within the municipal limits and are so conditioned as property to be subjected to the government of the City and provided with governmental services, including water and sewer services, fire and police protection, street improvements and maintenance, and recreational facilities.

Section 3. The City Council has determined that there are thirty-nine (39) persons presently living in the areas described, and occupy fourteen (14) residences.

Section 4. Therefore, the Council of the City of Detroit Lakes, Becker County, Minnesota, hereby ordains and declares that the tracts of land hereinbefore described be, and the same hereby are annexed to and included in the City of Detroit Lakes, Minnesota, as effectually as if it had originally been a part thereof.

Section 4. This ordinance shall be final and shall take effect and be in force from and after filing certified copy thereof with the Minnesota Municipal Commission, the Secretary of State, the Becker County Auditor, and the Clerk of the Town Board of Detroit Township, and from and after its passage and publication in the official newspaper.

APPENDIX C - SUBDIVISION

Ordinance No. 510.00

AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SUBDIVISION AND

PLATTING OF LAND WITHIN THE CITY OF

DETROIT LAKES, DEFINING CERTAIN TERMS USED THEREIN;

PROVIDING FOR THE PREPARATION OF PLATS; PROVIDING

FOR THE INSTALLATION OF STREETS AND OTHER IMPROVEMENTS;

PROVIDING FOR THE DEDICATION OF CERTAIN LAND FOR PARKS

AND PLAYGROUNDS; ESTABLISHING PROCEDURES FOR APPROVAL

AND THE RECORDING OF PLATS; PROVIDING PENALTIES FOR

VIOLATION OF THIS ORDINANCE; AND REPEALING

ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH

The City Council of the City of Detroit Lakes, does ordain:

Section 1. Title

This ordinance shall be known as the "subdivision ordinance of the City of Detroit Lakes," and will be referred to herein as "this ordinance".

Section 2. General Purpose

Subdivision 1. Purpose.

Subdivision 2. Jurisdiction.

Subdivision 3. Approvals Necessary for Acceptance of Subdivision Plats.

Subdivision 4. Conditions for Recording.

Subdivision 5. Building Permits.

Subdivision 6. Exceptions.

Subdivision 7. Separability.

Subdivision 8. Conflict.

Whenever there is a difference between minimum standards or dimensions specified

herein and those contained in other official regulations, resolutions, or ordinances of the City, the most restrictive standards shall apply.