ORD 429 Restating Zoning RegulationsCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 429'
AN ORDINANCE REPEALING AND RESTATING THE ZONING REGULATIONS (TITLE
12, CHAPTER 1 OF THE CITY CODE) OF MENDOTA HEIGHTS
The City Council of the City of Mendota Heights, Minnesota, ordains as follows:
Section 1. Title 12, Chapter 1, Zoning Regulations of the Mendota Heights City Code,
and all ordinances creating such chapter are hereby repealed in their entirety and restated in
accordance with the attached.
Section 2. This ordinance shall be in full force and effect from and after its summary
publication according to law.
Adopted by the City Council of the City of Mendota Heights this third day of August 2010.
ATTEST:
Nancy B4uer
Acting City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
CHAPTER 1
ZONING REGULATIONS
ARTICLE A. TITLE; PURPOSE; INTERPRETATION
SECTION:
12-1A-1: Title
12-1A-2: Intent and Purpose
12-1A-3: Application and Interpretation
12-1A-4: Separability
12-1A-1: TITLE: This chapter shall be known, cited and referred to as the MENDOTA
HEIGHTS ZONING ORDINANCE except as referred to hereinafter, where it shall be
known as "this chapter". (Ord. 276, 7-16-1991)
12-1A-2: INTENT AND PURPOSE: This chapter is adopted for the purposes of:
A. Protecting the public health, safety, morals, comfort, convenience and general
) welfare.
B. Dividing the city into zones and districts restricting and regulating therein the
location, construction, reconstruction, alteration, and use of structures and land.
C. Promoting orderly development of the residential, business, industrial,
recreational and public areas.
D. Providing adequate light, air, and convenience of access to property.
E. Limiting congestion in the public rights of way.
F. Preventing overcrowding of land and undue concentration of structures by
regulating the use of land and buildings and the bulk of buildings in relation to the
land and buildings surrounding them.
G. Providing for the compatibility of different and uses and the most appropriate use
of land throughout the city.
H. Providing for the administration of this chapter and amendments thereto.
1. Defining the powers and duties of the administrative officers and bodies, as
provided hereinafter.
Page 12-1A - 1
J. Prescribing penalties for the violation of the provisions of this chapter or any
amendment thereto. (Ord. 276, 7-16-1991)
12-1A-3: APPLICATION AND INTERPRETATION:
A. Minimum Requirements: In their interpretation and application, the provisions of
this chapter shall be held to be the minimum requirements for the promotion of
the public health, safety, morals and general welfare.
B. Conflicting Provisions: Where the conditions imposed by any provision of this
chapter are either more restrictive or less restrictive than comparable conditions
imposed by any other law, ordinance, statute, resolution, or regulation of any
kind, the regulations which are more restrictive, or which impose higher
standards or requirements shall prevail.
C. Compliance With Provisions: No structure shall be erected, converted, enlarged,
reconstructed, or altered, and no structure or land shall be used for any purpose
nor in any manner which is not in conformity with the provisions of this chapter.
(Ord. 276, 7-16-1991)
12-1A-4: SEPARABILITY:
It is hereby declared to be the intention of the city council that the several provisions of
this chapter are separable in accordance with the following:
A. If any court of competent jurisdiction shall adjudge any provision of this chapter
to be invalid, such judgment shall not affect any other provisions of this chapter
not specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this chapter to a particular property, building or other structure, such
judgment shall not affect the application of said provision to any other property,
building, or structure not specifically included in said judgment. (Ord. 276, 7-16-
1991)
SECTION:
12-1B-1:
12-1B-2: Definitions
CHAPTER 1
ZONING REGULATIONS
ARTICLE B. RULES AND DEFINITIONS
Rules of Word Construction
12-1B-1: RULES OF WORD CONSTRUCTION: The language set forth in the
text of this chapter shall be interpreted in accordance with the following rules of
construction:
A.
B.
C.
D.
E.
F
The singular number includes the plural and the plural the singular.
The present tense includes the past and future tenses, and the future the
present.
The word "shall" is mandatory, and the word "may" is permissive.
The masculine gender includes the feminine and neuter genders.
Whenever a word or term defined hereinafter appears in the text of this chapter,
its meaning shall be construed as set forth in such chapter.
All measured distances expressed in feet shall be to the nearest tenth of a foot.
12-1B-2: DEFINITIONS:
ACCESSORY MOTOR
FUEL STATION USES:
ACCESSORY USE OR
Accessory motor fuel station uses include one or
more of the following:
A. Rental of camper trailers of less than fifteen feet
(15') in length.
B. Rental of camper trucks and camper buses.
C. Rental of open, covered, and stake trailers.
D. Rental of trucks except tractor trailer units.
E. Motor fuel station convenience stores.
A use or structure subordinate to and serving the
Page 12-1B - 3
STRUCTURE:
AGRICULTURE-URBAN:
AIRPORT OR HELIPORT:
ALLEY:
ANIMALS, DOMESTIC:
ANIMALS, FOOD:
ANIMALS, FUR:
APARTMENT:
ATTO RN EY:
AUTOMOBILE
REDUCTION YARD:
AUTOMOBILE REPAIR,
MAJOR:
AUTOMOBILE REPAIR,
MINOR:
principal use or structure on the same lot and
customarily incidental thereto.
An area less than five (5) contiguous acres which is
used for the purpose of growing produce including
crops, fruits, trees, shrubs, plants and flowers,
vegetables, and the like, provided such produce is
intended solely for the use of residents on the
property or sale away from the property. It shall not
include the raising of animals, roadside stands for
sale of products, processing or packaging operations,
or similar uses.
Any land or structure which is used or intended for
use for the landing and takeoff of aircraft and any
appurtenant land or structure used or intended for
use for port buildings or other port structures or rights
of way.
A public right of way which affords a secondary
means of access to abutting property.
Dogs, cats, birds and other common domestic
household pets.
Fish, fowl, cattle, swine, sheep and others typically
raised for purposes of food consumption.
Animals raised for pelts.
A room or suite of rooms with full housekeeping
facilities which is rented on a monthly basis.
The person licensed by the state to practice law who
has been engaged by the city council.
A lot or yard where three (3) or more unlicensed
motor vehicles or the remains thereof are kept for the
purpose of dismantling, sale of parts, sale as scrap,
storage or abandonment.
General repair, rebuilding or reconditioning of
engines, motor vehicles or trailers, including body
work, framework, and major painting service.
The replacement of any part or repair of any part
which does not require the removal of the engine
head or pan, engine, transmission or differential;
Page 12-1 B - 4
incidental body and fender work, minor painting and
upholstering service when said service above stated
is applied to passenger automobiles and trucks not in
excess of a three-quarter (3/4) ton rating.
BASEMENT: That portion of the building having more than one-half
(1/2) of the floor to ceiling height below the average
grade of the adjoining ground.
BASEMENT, EXPOSED: A portion of a building located partly underground, but
having less than half its floor to ceiling height below
the average grade of the adjoining ground.
BLOCK: An area of land within a subdivision that is entirely
bounded by streets or a combination of streets,
exterior boundary lines of the subdivision and/or
bodies of water.
BOARDING HOUSE: A building other than a motel or hotel where, for
compensation and by prearrangement for definite
periods, meals or lodgings are provided for three (3)
or more persons, but not to exceed eight (8) persons.
BUILDING: Any structure having a roof which may provide shelter
or enclosure of persons, animals, or chattels, and
when said structure is divided by party walls without
openings, each portion of such building so separated
shall be deemed a separate building.
BUILDING HEIGHT: The vertical distance from the average grade of the
front building line, as established in the approved
grading plan for the lot, to the top of the cornice of a
flat roof, to a point of the roof directly above the
highest wall of a shed roof, to the uppermost point on
a round or other arch type roof, to the average
distance of the highest gable on a pitched or hip roof.
BUSINESS: Any occupation, employment or enterprise wherein
merchandise is exhibited or sold, or which occupies
time, attention, labor and materials, or where services
are offered for compensation.
CARPORT: An open sided, roofed automobile shelter usually
formed by extension of the roof from the side of a
building.
CHURCH: A building, together with its accessory building and
uses, where persons regularly assemble for religious
Page 12-1B - 5
CLUB OR LODGE:
COLLEGE (OR
UNIVERSITY):
COMMERCIAL OFFICES:
COMMON OPEN SPACE:
COMPREHENSIVE
PLAN:
CONDITIONAL USE:
CONDITIONAL USE
PERMIT:
COUNCIL:
worship and which building, together with its
accessory buildings and uses, is maintained and
controlled by a religious body organized to sustain
public worship.
A nonprofit association of persons who are bona fide
members paying annual dues, the use of premises
being restricted to members and their guests.
An educational institution, either private or public,
which offers classes and training to full and/or part
time students in academic fields, and which offers
associate, baccalaureate, and/or graduate degrees or
diplomas. A college or university may include
accessory facilities including housing, recreation
facilities, and other facilities for the convenience of
the student population.
A commercial use involving predominantly
administrative, clerical, or professional operations.
Commercial offices may include professional and
administrative training, but shall not include direct
retail commercial transaction activities. Professional
training may include classes and training offered by
professional or administrative entities to consumers
of professional services.
That portion of the total property of a planned unit
development to be used by its residents for both
passive and active recreation and owned and
maintained by an agency other than the governing
body.
Unless otherwise stated, it is the general plan for land
use, transportation and community facilities prepared
and maintained by the planning commission and
approved by the City Council.
Either a public or private use which, because of its
unique characteristics, cannot be properly classified
as a permitted use in any particular district or
districts.
A permit specially and individually granted for a
conditional use in any district.
Within this chapter, shall refer to the city council of
Page 12-1B - 6
Mendota Heights.
CURB LEVEL: The level of the established curb in front of a building
measured at the center of such front. Where no curb
elevation has been established, the mean elevation
of the finished lot grade immediately adjacent to a
building shall be considered the "curb level".
CUSTODIAL CARE A facility used to provide care for aged or infirm
CENTER: persons who require only personal services as board,
room, laundry, and other personal services, where
nursing services are not provided.
DAYCARE CENTER: A facility which for gain or otherwise regularly
provides one or more persons with care, training,
supervision, habilitation, rehabilitation, or
developmental guidance on a regular basis for
periods of less than twenty four (24) hours per day, in
a place other than the person's own home.
DWELLING: A building or one or more portions thereof occupied
or intended to be occupied exclusively for residence
purposes, but not including rooms in motels, hotels,
nursing homes, boarding houses, nor trailers, tents,
cabins or trailer coaches.
DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one
or more sides by a party wall or walls.
DWELLING, DETACHED: A dwelling which is entirely surrounded by open
space on the same lot.
DWELLING, MULTIPLE: A building having two (2) or more dwelling units.
DWELLING,
TOWNHOUSE:
EARTH SHELTERED
STRUCTURE:
EASEMENT:
A dwelling unit having one or more walls in common
with another, oriented so as to have direct access
outside.
A building designed by a registered architect and/or
engineer and constructed so that the surface area of
the building, excluding the garage or accessory
buildings, is partially sheltered with earth.
Authorization by a property owner for the use by
another, and for a specified purpose, of any
designated part of his property.
Page 12-1B - 7
ENGINEER, CITY:
ESSENTIAL SERVICES:
FAMILY:
FENCE:
FLOOD:
FLOOD, DESIGN:
FLOODPLAIN:
FLOODPLAIN DISTRICT:
FLOODPROOFING:
FLOODWATER:
The professional engineer engaged by the city
council.
Underground or overhead gas, electrical, steam or
water transmission or distribution systems; collection,
communication, supply or disposal systems including
poles, wire, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic
signals, hydrants or other similar equipment and
accessories in conjunction therewith; but not
including buildings.
An individual, or two (2) or more persons each related
by blood, marriage or adoption or other parent/child
relationship, living together as a single housekeeping
unit, or a group of not more than four (4) persons not
so related, maintaining a common household.
Any partition, structure, wall or gate erected as a
dividing marker, barrier, or enclosure.
A temporary rise in stream flow or stage that results
in water overtopping its banks and inundating areas
adjacent to the channel.
The design flood which has been calculated for a
given watershed or area from record and study. In the
absence of any special engineering studies, the 100-
year event shall be used as a standard in this chapter
in determining areas subject to flooding.
The land adjacent to a body of water which has been
or may be hereafter covered by floodwater.
The area adjoining a river, stream, drainage channel,
lake, pond or any low area which is subject to
flooding.
A combination of structural provisions, changes or
adjustments to properties and structures subject to
flooding, primarily for the reduction or elimination of
flood damages to properties, water and sanitary
facilities, structures and contents of buildings in a
flood hazard area.
The water of any river, stream, drainage channel, low
area, lake, or pond which is above and/or outside the
channel or banks of said river, stream, drainage
Page 12-1B - 8
FLOODWAY:
FLOODWAY DISTRICT:
FLOOR AREA:
FLOOR AREA RATIO:
FLOOR PLAN,
GENERAL:
GARAGE, PRIVATE:
GARAGE, PUBLIC:
GARAGE, REPAIR:
GOVERNING BODY:
HOME OCCUPATION:
channel, lake or pond.
The channel of a stream and those portions of the
floodplain adjoining the channel that are required to
carry and discharge the floodwater or flood flows of
any river or stream.
The channel or bed of a river, stream, drainage
channel, lake, or pond and those portions of the
floodplains adjoining which are required to efficiently
carry and discharge the flow of the river or stream
and for the purpose of this chapter.
The area included within the surrounding exterior
walls of a building or portion thereof, exclusive of vent
shafts and courts. The "floor area of a building or
portion thereof not provided with surrounding exterior
walls shall be the usable area under the horizontal
projection of the roof or floor above.
The numerical value obtained through dividing the
floor area of a building or buildings by the lot area on
which such building or buildings are located.
A graphic representation of the anticipated utilization
of the floor area within a building structure.
A detached accessory building or portion of the
principal building, including a carport, which is used
primarily for storing passenger vehicles, trailers or
one truck of a rated capacity not in excess of one and
one-half (11/2) tons.
A building or portion of a building used for the storage
of vehicles for remuneration or gratis.
A building or space for the maintenance of vehicles
but not including auto wrecking or junkyards.
The city council of Mendota Heights.
Any gainful occupation meeting all of the following
requirements: a) when engaged in only by persons
residing in their dwelling; b) when that occupation is
conducted in not more than one room within the
principal structure; c) when evidence of the
occupation is not visible from the street; d) when the
principal structure becomes the base of operation for
Page 12-1B - 9
that occupation using only that equipment or
machinery which is usually found in a home; and e)
when not involving the retail sales of products
produced off the site. A professional person may use
his residence for consultation, emergency treatment
or performance of religious rites but not for the
general practice of his profession. No accessory
building shall be used for such home occupation.
HOTEL: A building containing eight (8) or more guest rooms in
which lodging is provided for compensation, with or
without meals, and which is open to transient guests
and in which ingress and egress to and from all
rooms is made through an inside lobby or office
supervised by a person in charge.
JUNKYARD: An area where used, waste, discarded or salvaged
materials are bought, sold, exchanged, stored, baled,
cleaned, packed, disassembled, or handled,
including, but not limited to, scrap iron, and other
metals, paper, rags, rubber products, bottles and
lumber. Storage of such material in conjunction with a
permitted manufacturing process when within an
enclosed area or building shall not be included.
KENNEL, ANIMAL: A place where three (3) or more of any single type of
domestic animal, over four (4) months of age, are
owned, boarded, bred or offered for sale.
LAND RECLAMATION: Restoration of land to usable form by depositing of
clean fill materials so as to elevate the grade.
LANDSCAPING:
LICENSED ENGINEER:
LOT:
LOT AREA:
Plantings such as trees, grass and shrubs.
A person licensed as a professional engineer by the
state of Minnesota.
A parcel of land occupied or used or intended for
occupancy or use by a use permitted in this chapter,
abutting on a public street, and of sufficient size to
provide the yards required by this chapter.
The area of a lot in a horizontal plane bounded by the
lot lines.
LOT AREA, PER The number of square feet of lot area required per
DWELLING UNIT: dwelling unit.
Page 12-1E3 - 10
1
LOT, BU I I : A lot located on the end of a block, excluding corner
lots.
LOT, CORNER:
LOT DEPTH:
LOT, INTERIOR:
LOT LINE:
LOT LINE, FRONT:
LOT LINE, REAR:
LOT LINE, SIDE:
LOT OF RECORD:
LOT, THROUGH:
lot situated at the junction of, and abutting on two (2)
or more intersecting streets, or a lot at the point of
deflection in alignment of a continuous street and the
interior angle of which does not exceed one hundred
thirty five degrees (135°).
The mean horizontal distance between the front lot
line and the rear lot line of a lot.
A lot other than a corner lot, including through lots.
The property line bounding a lot; except, that where
any portion of a lot extends into a public right of way
or a proposed public right of way, the line of such
public right of way shall be the "lot line" for applying
this chapter.
That boundary of a lot which abuts an existing or
dedicated public street and, in the case of a corner
lot, the front lot line shall be designated by the owner,
subject to the approval by the code enforcement
officer. Appeals to the determination of the code
enforcement officer may be filed with the zoning
board of appeals in accordance with section 12-1L-3
of this chapter.
That boundary of a lot which is opposite the front lot
line. If the rear lot line is less than ten feet (10') in
length, or if the lot forms a point at the rear, the rear
lot line shall be the line ten feet (10') in length within
the lot, parallel to and at the maximum distance from
the front lot line.
Any boundary of a lot which is not a front lot line or a
rear lot line.
Part of a subdivision, the plat of which has been
recorded in the office of the register of deeds, or a
parcel of land, the deed to which was recorded in the
office of said register of deeds prior to the adoption of
this chapter.
A lot which has a pair of opposite lot lines abutting
two (2) substantially parallel streets, and which is not
a corner lot. On a through lot, both street lines shall
Page 12-1B - 11
LOT WIDTH:
MANUFACTURING:
MASSAGE THERAPY
(THERAPEUTIC
MASSAGE) BUSINESS:
MEAN FLOW LEVEL:
MINING:
MOBILE HOME:
MOBILE HOME PARK:
MOTOR COURT,
MOTOR HOTEL OR
MOTEL:
MOTOR FREIGHT
be front lot lines for applying this chapter1.
The maximum horizontal distance between the side
lot lines of a lot measured within the first thirty feet
(30') of the lot depth.
All uses which include the compounding, processing,
packaging, treatment, or assembly of products and
materials, provided such use will not generate
objectionable influences that extend beyond the lot
on which the use is located.
Any establishment or place providing to the public at
large therapeutic massage services, other than a
hospital, sanitarium, rest home, nursing home,
boarding home, or other institution for the
hospitalization or care of human beings, duly licensed
under the provisions of Minnesota statutes, sections
144.50 through 144.69.
The average flow elevation of a stream or river
computed as the midpoint between extreme low and
extreme high water.
The extraction of sand, gravel, rock, soil or other
material from the land in the amount of four hundred
(400) cubic yards or more and the removal from the
site, except grading and/or excavation in connection
with an approved development or building plan for
which permits have been issued by the city council.
Any type of structure or vehicle which is mounted on
wheels or has provisions for wheels and which is
designed to provide permanent residence.
Any site, lot, field or tract of land upon which two (2)
or more occupied mobile homes are harbored, either
free of charge or for revenue purposes, and shall
include any building, structure, tent, vehicle or
enclosure used or intended for use as part of the
equipment of such mobile home park.
A building or group of buildings other than a hotel
used primarily as a temporary residence.
A building or area in which freight brought by motor
truck is assembled and/or stored for routing in
Page 12-1B- 12
1
TERMINAL:
MOTOR FUEL
CONVENIENCE STORE:
MOTOR FUEL STATION:
MOTOR HOME:
NONCONFORMING
STRUCTURE:
NONCONFORMING USE:
NOXIOUS MA I I ER OR
MATERIALS:
NURSERY, DAY OR
NURSERY SCHOOL:
NURSERY, LANDSCAPE:
NURSING HOME:
intrastate or interstate shipment by motor truck.
A store operated in conjunction with a motor fuel
station or truck stop for the purpose of offering for
sale goods not essential for the operation of motor
vehicles.
A retail place of business engaged primarily in the
sale of motor fuels, but also may be engaged in
supplying goods and services generally required in
the operation and maintenance of motor vehicles.
These may include the sale of petroleum products
and the sale and servicing of tires, batteries,
automotive accessories, replacement items,
lubrication services, and the performance of minor
automotive maintenance and repair.
All motor vehicles designed, constructed, or used to
provide moveable living quarters for recreational use.
A structure which is legally existing upon the effective
date of this chapter, which would not conform to the
applicable regulations if the structure were to be
erected under the provisions of this chapter.
Use of land, buildings or structures lawfully existing at
the time of adoption of this chapter which does not
comply with all the regulations of this chapter or any
amendments hereto governing the zoning district in
which such use is located.
Material capable of causing injury to living organisms
by chemical reaction, or is capable of causing
detrimental effects on the physical or economic well-
being of individuals.
A use business or home where care is provided for
pay for three (3) or more children for periods of four
(4) hours or more per day.
A business growing and selling trees, flowering and
decorative plants, and shrubs.
Any institution or facility required to be licensed as
such under Minnesota statutes sections 144.50 to
144.56 by the state board of health.
Page 12-1E3 - 13
OPEN SALES LOT:
OPEN STORAGE:
OWNER:
PARKING SPACE:
PARKING SPACE,
HANDICAPPED:
PARTY WALL:
PEDESTRIANWAY:
PERFORMANCE
STANDARD:
PERSON:
PLANNED UNIT
DEVELOPMENT:
PLANNING
COMMISSION:
PRIMARY SURFACE:
PROPERTY LINE:
PROTECTIVE
COVENANT:
Land devoted to the display of goods for sale, rent,
lease, or trade where such goods are not enclosed
within a building.
Storage of material outside of a building.
Any individual, firm, association, syndicate,
partnership, corporation, trust, or any other legal
entity having proprietary interest in the land.
A surfaced and maintained area (9 by 20 feet) for the
storage of one standard automobile (9 by 20 feet).
A surfaced and maintained area (12 by 20 feet) for
the parking of one standard automobile and identified
for use by handicapped individuals.
A common wall which divides two (2) independent
structures.
The right of way across or within a block for use by
pedestrian traffic.
Criterion established to control noise, odor, toxic or
noxious matter, vibration, fire and explosive hazards,
or glare or heat generated by or inherent in uses of
land or buildings.
A natural person of either gender, a partnership,
corporation, political body, any other entity and any
other association of persons.
A development which consists of two (2) or more
principal structures or uses on a single parcel of land.
Shall refer to the planning commission of the city of
Mendota Heights.
A clear zone extending a distance of five hundred
feet (500') centered on the centerline of a runway and
extending to a distance of two hundred feet (200')
beyond the end of a runway.
The legal boundaries of a parcel of land.
A contract between parties which constitutes a
restriction on the use of property for the benefit of the
Page 12-1B - 14
PUBLIC LAND:
PUBLICATION:
PUMP SETBACK:
RECREATION,
COMMERCIAL:
RECREATION
EQUIPMENT:
RESTAURANT,
CAFETERIA:
RESTAURANT, DRIVE-
IN:
RESTAURANT, FAST
FOOD:
RESTAURANT,
TRADITIONAL:
RETAIL SALES:
SETBACK:
SHELTER, FALLOUT OR
owners.
Land owned and/or operated by a governmental unit.
An official notice as prescribed by state statutes.
The distance from the street right of way line to the
centerline of the motor fuel station pump island
measured as a perpendicular distance from the right
of way.
Bowling alley, cart track, jump center, golf, pool hall,
vehicle racing or amusement, dance hall, skating,
tavern, theater, firearms range, recreational
instruction (such as martial arts schools, dance
schools, etc.) and similar uses.
Play apparatus such as swing sets and slides,
sandboxes, poles for nets, picnic tables, lawn chairs,
barbecue stands, and similar apparatus but not
including tree houses, swimming pools, playhouses
exceeding twenty five (25) square feet of floor area,
or sheds utilized for storage of equipment.
Food is selected by a customer while going through a
serving line and taken to a table for consumption.
Most customers cari-stime purchase and consume
their food while in an automobile. regardless of how it
is served.
A majority of customers order and are served their
food at a counter, and then the food is taken to a
table or counter where it is consumed, however, a
significant number of people may take the food
outside to eat in an automobile or off the premises.
Food is served to a customer and consumed while
seated at a counter or table.
Stores and shops selling personal services or goods.
The minimum horizontal distance between the line of
a structure and the nearest specified property line.
A structure or portion of a structure intended to
Page 12-18 - 15
BLAST: provide protection to human life during periods of
danger from nuclear fallout, blasts, air raids, storms,
or other emergencies.
SIGN: Any written announcement, declaration,
demonstration, display, illustration, insignia or
illumination used to advertise or promote the interest
of any person when the same is placed out of doors
or displayed in view of the general public and shall
include every detached sign or billboard and every
sign attached to or forming a component part of a
building, marquee, canopy, awning, street clock, pole,
parked vehicle or other object, whether stationary or
movable. However, a "sign" shall not include any
display of traffic directional signs, street name signs
or other signs which have been authorized and
erected by a government body.
SIGN, ADVERTISING A sign which directs attention to a business,
(BILLBOARD): commodity, service, or entertainment not exclusively
related to the premises where such sign is located or
to which it is affixed.
SIGN, BUSINESS:
SIGN, FLASHING:
A sign which directs attention to a business or
profession conducted or to a commodity, service, or
entertainment sold or offered on the premises on
which such sign is located or to which it is affixed.
An illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and
color at all times in which such sign is in use.
SIGN, GROSS AREA OF: The area within the frame shall be used to calculate
the square feet; except, that the width of the frame
exceeding twelve inches (12") shall constitute
advertising space, or should such letters or graphics
be mounted directly on a wall or fascia or in any such
way as to be without a frame, the dimensions for
calculating the square footage shall be the area
extended six inches (6") beyond the periphery formed
around such letters or graphics bounded by straight
lines connecting the outermost points thereof, and
each surface utilized to display a message or to
attract attention shall be measured as a separate
sign.
Page 12-1B - 16
SIGN, ILLUMINATED:
SIGN, MARQUEE OR
CANOPY:
SIGN, NAMEPLATE:
SIGN, TEMPORARY:
STORY:
STREET:
STREET, COLLECTOR:
STREET, DEAD END OR
CUL-DE-SAC:
STREET, HALF:
STREET, MAJOR OR
THOROUGHFARE:
STREET, MINOR:
Any sign which has characters, letters, figures,
designs, or outlines illuminated by electric lights
including but not limited to LED's and luminous tubes
as a part of the sign proper.
Any message or identification which is affixed to a
projection or extension of a building or structure,
erected in such a manner as to provide a shelter or
cover over the approach to any entrance to a store,
building or place of assembly.
A "nameplate sign" shall mean any sign which states
the name or address, or both, of the business or
occupant of the lot where the sign is placed or may
be a directory listing the names, addresses, and
business of occupants.
A sign allowed for a period of ninety (90) days or less.
That portion of a building included between the
surface of any floor and the surface of the floor next
above; or if there is no floor above, the space
between the floor and the ceiling next above. An
exposed basement shall be counted as a full story,
and a cellar basement shall not be counted as a
story.
A public right of way which affords a primary means
of access to abutting property.
A street which serves or is designed to serve as a
trafficway for a neighborhood or as a feeder to a
major street.
A street with only one vehicular traffic outlet.
A street designed to provide access only to one side
of the right of way.
A street which serves or is designed to serve heavy
flows of traffic and which is used primarily as a route
for traffic between communities and/or other heavy
traffic generating areas.
A street intended to serve primarily as an access to
abutting properties.
Page 12-18 - 17
STREET, PRIVATE: A street which is not dedicated to the community for
public use.
STREET, SERVICE: A marginal access street which is generally parallel
and adjacent to a major street.
STREET WIDTH: The width of the right of way, measured at right
angles to the centerline of the street.
STRUCTURAL A change, other than incidental repairs, which would
ALTERATION: prolong the life of the supporting members of a
building, such as bearing walls, columns, beams,
girders or foundations.
STRUCTURE: Anything constructed or erected, the use of which
requires location on the ground, or attached to
something having a location on the ground. This shall
include signs and fences.
TEMPORARY GARDEN Temporary greenhouse and display areas for plant
CENTER: materials allowed for a limited time period in a
specified location.
THEATER: A structure within which motion pictures or dramatic
performances are offered as entertainment for the
general public. For the purpose of applying parking
and signage standards, a structure containing
multiple motion picture screens shall be considered a
single theater.
TRADE SCHOOL: An educational institution, either private or public,
which offers classes and training to full and/or part
time students in technical, nonacadcmic including but
not limited to technical, mechanical, services and
computing fields.
TRAVEL TRAILER: Any trailer which is not used as a residence but is
used for temporary living quarters for recreational
activities and is towed on public roads in connection
with such use.
TRUCK STOP:
A motor fuel station devoted primarily to the needs of
over the road tractor trailer units and trucks, and
which shall include eating or sleeping facilities, and
located abutting the right of way of a controlled or
limited access divided highway, expressway,
freeway, or interstate highway of four (4) or more
Page 12-1B - 18
lanes, and on a major city thoroughfare.
USE: The purpose or activity for which the land or building
thereon is designated, arranged, or intended, or for
which it is occupied or maintained and shall include
any manner of performance of such activity with
respect to the performance standards of this chapter.
VETERINARY: Those uses concerned with the diagnosis, treatment,
a-n-ct medical care of animals, as well as storage and
disposal of dead animals including animal or pet
hospitals.
WAREHOUSING: The storage of materials or equipment within an
enclosed building.
WHOLESALING: The selling of goods, equipment and materials by
bulk to another business that in turn sells to the final
customer.
YARD:
YARD, FRONT:
A required open space on a lot which is unoccupied
and unobstructed by a structure from its lowest
ground level to the sky except as expressly permitted
in this chapter. A "yard" shall extend along a lot line
and at right angles to such lot line to a depth or width
specified in the yard regulations for the district in
which such lot is located.
A yard extending along the full width of the front lot
line between side lot lines and extending from the
abutting front street right of way line to a depth
required in the yard regulations for the district in
which such lot is located.
YARD, REAR: A yard extending along the full width of the rear lot
line between the side lot lines and extending toward
the front lot line for a depth as specified in the yard
regulations for the district in which such lot is located.
YARD, SIDE: A yard extending along the side lot line between the
front and rear yards, having a width as specified in
the yard regulations for the district in which such lot is
located.
ZONING That person designated by the city administrator and
ADMINISTRATOR: approved by City Council as being responsible for the
administration of this chapter.
Page 12-1B - 19
ZONING DISTRICT:
An area or areas within the limits of the city for which
the regulations and requirements governing use, lot
and size of buildings and premises are uniform.
Page 12-1B - 20
SECTION:
12-1C-1:
12-1C-2:
12-1C-3:
12-1C-4:
CHAPTER 1
ZONING REGULATIONS
ARTICLE C. ZONING DISTRICTS AND MAP
Districts Established
Zoning Map
Boundaries of Districts
Zoning of Annexed Territory
12-1C-1: DISTRICTS ESTABLISHED: For the purposes of this chapter, the city is
hereby divided into the following use districts and groups of use districts. All references
in this chapter to R, B and I districts shall refer to the use district groups as set forth
herein, and reference to specific use districts shall be by reference to the individual
districts also listed herein as R-1, R-1A and so forth.
R Residence Districts
R-1 One-family residential district
R-1A One-family residential district
R-1B One-family residential district
R-1C One-family residential district
R-2 Medium density residential district
R-3 High density residential district
MR-PUD Medium density residential planned unit development district
HR-PUD High density residential planned unit development district
MU Mixed Use Districts
MU-PUD Mixed Use Planned Unit Development District
Page 12-1C - 21
B Business Districts
B-1 Limited business district
B-1A Business park district
B-2 Neighborhood business district
B-3 General business district
B-4 Shopping center district
LB-PUD Limited business planned unit development district
I Industrial Districts
Industrial district
12-1C-2: ZONING MAP: The boundaries of these districts are hereby established as
shown on that certain map entitled ZONING MAP OF MENDOTA HEIGHTS,
MINNESOTA, which map is properly approved and filed in the office of the city clerk,
hereinafter referred to as the "Zoning Map". Said map and all of the notations,
references and other information shown thereon shall have the same force and effect as
if fully set down herein and is hereby made a part of this chapter by reference and
incorporated herein as fully as if set forth herein at length.
12-1C-3: BOUNDARIES OF DISTRICTS:
A. Boundaries Established:
1. District boundary lines as indicated on the zoning map follow lot lines, the
centerlines of streets or alleys, the centerlines of streets or alleys projected,
railroad right of way lines, the center of watercourses or the corporate limit lines,
all as they exist upon the effective date of this chapter.
2. If district boundary lines do not follow any of the above described lines, the
district boundary lines are established as drawn on the zoning map.
3. Where a district boundary line divides a lot of record which was in single
ownership at the time of enactment of this chapter and places portions of such lot
of record in two (2) or more use districts, any portion of such lot within fifty feet
(50') on either side of such a dividing district boundary line may be used for either
use district. However, if any portion of said lot extends beyond the fifty foot (50')
limitation, the district line as shown shall prevail.
Page 12-1 C - 22
B. Vacation Of Public Ways: Whenever any street, alley or other public way is
vacated by official action of the city, the zoning district abutting the centerline of
said alley or public way shall not be affected by such proceeding.
12-1C-4: ZONING OF ANNEXED TERRITORY:
Annexed territory shall be placed in the R-1 zoning district until such time as a detailed
study determining its proper use district is undertaken.
Page 12-1 C - 23
CHAPTER 1
ZONING REGULATIONS
ARTICLE D. GENERAL ZONING PROVISIONS
SECTION:
12-1D-1: Nonconforming Uses, Structures, and Land
12-1D-2: Lot Provisions
12-1D-3: Accessory Structures
12-1D-4: Yards and Open Spaces
12-1D-5: Traffic Visibility
12-1D-6: Fences
12-1D-7: Essential Services
12-1D-8: Farming Operations
12-1D-9: Land Reclamation
12-1D-10: Reserved
12-1D-11: Floodway and Floodplain Districts
12-1D-12: Sanitary Sewer and Water Systems
12-1D-13: Additional Requirements, Exceptions, and Modifications
12-1D-13-1: Increase in Structure Height Limits
12-1D-13-2: Additional Requirements for all B and I Districts
12-1D-13-3: Motor Fuel Stations and Motor Fuel Station Convenience
Stores
12-1D-13-4: Drive In and Fast Food Restaurants
12-1D-13-5: Outside Storage in Residential Districts
12-1D-14: Wireless Antennas, Towers, and Accessory Structures
12-1D-15: Signs
12-1D-16: Off Street Parking and Loading
12-1D-1: NONCONFORMING USES, STRUCTURES AND LAND:
A. Continuance Of Nonconforming Use, Structure Or Land: Any structure or use
lawfully existing upon the effective date of this chapter may be continued at the
size and in a manner of operation existing upon such date except as hereinafter
specified.
B. Discontinuance Of Use: Whenever a lawful nonconforming use of a structure or
land is discontinued for a period of six (6) months, any future use of said
structure or land shall be in conformity with the provisions of this chapter.
C. Change Of Use:
Page 12-1D - 24
1. When any lawful nonconforming use of any structure or land in any district has
been changed to a conforming use, it shall not thereafter be changed to any
nonconforming use.
2. A lawful nonconforming use of a structure or parcel of land may be changed to a
similar nonconforming use or to a more restrictive nonconforming use. Once a
structure or parcel of land has been placed in a more restrictive nonconforming
use, it shall not return to a less restrictive nonconforming use.
D. Maintenance And Repairs:
1. Nothing in this chapter shall prevent the placing of a structure in safe condition
when said structure is declared unsafe by the code enforcement officer.
2. Whenever a lawful nonconforming structure shall have been damaged by fire,
flood, explosion, earthquake, war, riot or act of God, it may be remodeled,
reconstructed, improved, or rebuilt, provided that:
a. A building permit is applied for within six (6) months of the date of
damage;
b. The work provided for in the building permit is completed within twelve
(12) months of the date of damage; and
c. the reconstruction does not expand the physical size or bulk of the
building, nor increase the non-conformity.
3. If the requirements of subparagraphs D.2. are not met, said building may be
reconstructed and used as before if it is reconstructed within twelve (12) months
after such calamity, unless the damage to the building or structure is fifty percent
(50%) or more of its assessed full and true valuation, in which case, the
reconstruction shall be for a use in accordance with the provisions of this
chapter.
4. Normal maintenance of a building or other structure containing or related to a
lawful nonconforming use is permitted, including necessary nonstructural repairs
and incidental alterations which do not extend or intensify the nonconforming
use.
E. Alterations: Alterations may be made to a building containing lawful
nonconforming residential units when they will improve the livability thereof,
provided they will not increase the number of dwelling units or bulk of the
building.
F Structures Under Construction: Any structure which will, under this chapter,
become nonconforming, but for which a building permit has been lawfully granted
Page 12-1D - 25
prior to the effective date of this chapter or of amendments hereto, may be
completed in accordance with the approved plans, provided construction is
started within six (6) months of the effective date of this chapter or amendment
hereto and continued to completion within two (2) years. Such structure shall
thereafter be a legally existing nonconforming structure. (Ord. 276, 7-16-1991)
12-1D-2: LOT PROVISIONS:
A. Existing Lots Of Record: A lot of record existing upon the effective date of this
chapter in an R district, which does not meet the requirements of this chapter as
to area or width, may be utilized for single-family detached dwelling purposes,
provided the measurements of such area or width are within seventy percent
(70%) of the requirements of this chapter, but said lot of record shall not be more
intensively developed unless combined with one or more abutting lots or portions
thereof so as to create a lot meeting the requirements of this chapter.
B. Buildings On A Lot: Except in the case of planned unit developments and
apartment estates as provided for hereinafter, not more than one principal
building shall be located on a zoning lot.
C. Through Lots: On a through lot, both street lines shall be front lot lines for
applying the yard and parking regulations of this chapter.
12-1D-3: ACCESSORY STRUCTURES:
A. Definitions:
1. ACCESSORY USE OR STRUCTURE: A use or structure subordinate to and
serving the principal use or structure on the same lot and customarily incidental
thereto.
2. GARAGE, PRIVATE: A detached accessory building or portion of the
principal building, including a carport, which is used primarily for storing
passenger vehicles, trailers or one truck of a rated capacity not in excess of one
and one-half (11/2) tons.
3. GARAGE, PUBLIC: A building or portion of a building used for the storage of
vehicles for remuneration or gratis.
B. Accessory Structures in All Zoning Districts:
1. Setbacks:
a. Front Yard Setbacks:
Page 12-1D - 26
) (1) No detached garage, or other accessory building, shall be located
nearer the front lot line than the principal building on that lot.
(2) No accessory structure shall be located within any front yard.
b. Side and Rear Yard Setbacks:
(1) Accessory structure 144 square feet or less: Five (5) feet.
(2) Accessory structure exceeding 144 square feet: Ten (10) feet.
c. Setback from Principal Building: No accessory structure shall be erected,
altered, or moved within five feet (5') of the principal building. See Figure 1D-
3.1.
Figure 1D-3.1: ACCESSORY BUILDING SETBACK REQUIREMENTS
2. Height:
`\\
100.0
STREET
Principal Building Setback
Accessory building exceeds 144 square feet, setback 10 side or rear yard
LI Aft.,,,:ory Ou'ilding 144 equere feel or lees, selbock 5 from side or reef yord.
a. All Districts: No accessory building shall exceed the height of the principal
building.
b. Residential Districts: No accessory building shall exceed fifteen feet (15)
feet in height.
Page 12-1D - 27
3. Time for Construction: No accessory building or structure, including parking
area, shall be constructed on any lot prior to the time of construction of the
principal building to which it is accessory.
4. Use Restrictions: No cellar, no basement, ne tent, 49 tent trailerT or
accessory building shall at any time be used as an occupied dwelling primarily for
human habitation.
5. Subdivision: In the event that any property upon which an accessory
structure or structures have been erected shall later be subdivided, then the
number and size of accessory structures on the subdivided property shall
conform to the requirements of this chapter, and those which do not conform
shall be relocated, removed or reconstructed so that they do conform.
C. Accessory Structures in All Residential Districts:
1. Private Garages in All Residential Districts:
a. Number: Only one private garage, either attached or detached, is allowed
for each principal residential structure.
b. Size:
(1) Attached Private Garage:
a. Up to 1,200 square feet is permitted.
b. 1,200 to 1,500 square feet is allowed via a conditional use.
(2) Detached Private Garage:
a. Up to 440 square feet is permitted.
b. 440 to 750 square feet is allowed via a conditional use.
Private Garage Size Standards in All Residential Districts:
Attached
Detached
Permitted
1,200 SF max
440 SF max
Conditional Use
1,200 to 1,500 SF
440 to 750 SF
Prohibited
Over 1,500 SF
Over 750 SF
c. Standards for Private Garages in All Residential Districts:
(1) Floor of a Garage: In all R districts, the floor of a garage shall be at
least one and one-half feet (11/2') above the street grade at the curb unless
a deviation is granted by the public works director upon determination that
a lower elevation is appropriate.
Page 12-1D - 28
(2) No more than a double wide and a single wide garage door, or three
(3) single wide garage doors shall be permitted.
(3) No garage doors over nine feet (9') in height shall be permitted.
(4) No use of the garage shall be permitted other than private residential
noncommercial use.
2. Accessory Structures (other than detached, private garages) in all Residential
Districts:
a. Number and Size:
(1) Accessory buildings (other than detached, private garages) shall not
exceed one thousand (1,000) square feet.
(2) Property is four (4) acres or less*: One accessory structure with the
area not to exceed one hundred forty-four (144) square feet.
(3) Property is more than four (4) acres*: Total area cannot exceed four
hundred twenty-five (425) square feet, provided:
a. No single structure shall exceed two hundred twenty-five (225)
square feet.
b. No more than three (3) accessory structure may be erected.
*In computing the area of the property on which an accessory structure is
to be located, any part which is a lake or a wetland, as defined in any city
ordinance or by state or federal law, any part which is subject to an
easement for a street, alley or private roadway, and any part which is in
the critical area and below the bluff line, as defined in chapter 3 of this title
(critical area overlay district), shall be excluded.
b. Through Lots: All accessory buildings greater than one hundred forty four
(144) square feet on through lots located in R districts shall require a
conditional use permit.
D. Accessory Structures in Single Family Residential Districts (R-1, R-1A, R-1B, and
R-1C): One private, single-level garage with a minimum floor area of 440 SF and
a maximum area of 1,200 SF shall be required to be built concurrent with the
principal structure.
Page 12-1D - 29
12-10-4: YARDS AND OPEN SPACES:
A. Minimum Yards And Open Spaces: No yard or other open space shall be
reduced in area or dimension so as to make such yard or other open space less
than the minimum required by this chapter, and if the existing yard or other open
space as existing is less than the minimum required, it shall not be further
reduced.
B. Satisfying Requirements For Other Buildings Prohibited: No required yard or
other open space allocated to a building or dwelling group shall be used to satisfy
yard, other open spaces, or minimum lot area requirements for any other
building.
C. Allowed Encroachments: The following shall not be considered to be
encroachments on yard and setback requirements:
1. All Yards:
a. Belt course, leaders, sills, pilasters, lintels, ornamental features, cornices,
eaves and the like, provided they do not extend more than one and one -half feet
(1 1/2') into a yard.
b. Yard lights and nameplate signs for one- and two - family dwellings in the R-
1, R -1A and R -2 districts may be located to within five feet (5') of the front lot line.
c. Uncovered and /or open terraces, steps, porches or decks, accessibility
ramps, stoops or similar structures, which do not extend above the height of the
ground floor level of the principal building and do not extend closer than two feet
(2') from any lot line.
d. Accessory structures; except, that no accessory structure shall be closer
than five feet (5') from any side or rear lot line, or within any front yard; except,
that where an accessory structure exceeds one hundred forty four (144) square
feet, it shall not be closer than ten feet (10'). See Figure 1D-4.1
e. Lights for illuminating parking areas and loading areas for yards for safety
and security purposes.
2. Front Yard:
a. Covered and /or enclosed entryways (porches, decks, stoops, or similar
structures) that extend into the front yard setback shall require the approval of a
conditional use permit, subject to compliance with the following conditions:
Page 12 -ID - 30
(1) Such structure may not extend into the front or side yard more than
five (5) feet.
(2) Such structure shall be limited in size to fifty (50) square feet.
(3) Such structure may not extend above the height of the ground floor
level of the principal building.
Figure 1D-4.1: ACCESSORY BUILDING SETBACK REQUIREMENTS
100.0 100.0
STREET
— Principal Building Setback
rn,
:I.; Accessory budding exceeds 144 square feet. setback 10 side or rear yord
[7] Accessory Wilding 144 square lent or less, setback 5' from side ar rear yard.
3. Side Or Rear Yards Only: Bays or building extensions are not to exceed a depth
of two feet (2') nor to contain an area of more than twenty (20) square feet and
walls are not to exceed a height of six feet (6') above grade, and off street
parking as specified in Section [Off-street parking]..
4. Rear Yard Only: Balconies, breezeways, detached outdoor picnic shelters and
recreational equipment, except as regulated hereinafter.
D. Front Yard Requirements:
1. Each lot shall have a front yard of not less than thirty feet (30') in depth facing
any street or road.
2. Whenever buildings have been built on one side of the street between two (2)
intersections, no building shall hereafter be erected to extend closer toward the
Page 12-1D - 31
street than the average of the required district setback and average setback of
the adjoining principal structures. See Figure 1D-4.2
Figure 1D-4.2: FRONT YARD SETBACK REQUIREMENTS
Front Yard Setback Formula
(A+B
+30)/ 2 --, X
2
3. In the case of a building to be erected or extended on a corner lot, the minimum
front yard depth shall be increased by an amount not less than one-half (1/2) the
depth in excess of thirty feet (30') of the front yard of the nearest building. See
Figure 1D-4.3
Figure 1D-4.3: FRONT YARD SETBACK REQUIREMENTS — CORNER LOT
Page 12-1 D - 32
1
STREET
Front Yard Setback Formula
( A-30
)-1- 30 = X
2
4. Subsections D2 and D3 of this section shall not be applied so as to require a
front yard in excess of one-third (1/3) of the average depth of the lot. (Ord. 276,
7-16-1991)
12-1D-5: TRAFFIC VISIBILITY: No fences, structures, manmade berms, or plantings
shall be permitted to exceed thirty six inches (36") in height above the center grade of
the intersection within any front or side yard area on a corner lot which may interfere
with the visibility across the corner.
12-1D-6: FENCES:
A. Fences In All Districts:
1. Permit And Compliance Required:
a. An application for a fence permit, accompanied by a scaled site plan and
application fee as set by resolution of the city council shall be submitted and
approved prior to installation of any fence six feet (6') or less in height.
Compliance with the provisions of the uniform building code, Minnesota statutes
section 16B.59 et seq., and other sections of this chapter shall be required for
fences in excess of six feet (6').
Page 12-1 D - 33
b. Exception: Temporary fences installed to surround a hockey or skating rink
shall not require a fence permit during the winter season. Fences shall be four
feet (4') or less in height. SY7-1-
vm,fre RaiejA
2. Location:
a. All fences shall be located entirely upon the private property of the persons,
firms or corporations constructing or causing the construction of such fence
unless the owner of the property adjoining agrees in writing that such fence may
be erected on the division line of the respective properties. When-a-Gem-mon
b. No fence shall be installed in a location which would prevent a fire hydrant
from being immediately discernible or in any manner deter or hinder the fire
department from gaining immediate access thereto.
3. Construction And Repair:
a. Construction And Maintenance Generally:
(1) Every fence shall be constructed in a substantial, workmanlike manner
and of substantial material reasonably suited for the purpose for which the
fence is proposed to be used.
(2) Every fence shall be maintained in a condition of reasonable repair and
shall not be allowed to become and remain in a condition of disrepair or
danger, or constitute a nuisance, public or private. The requirement for
maintenance shall be an ongoing obligation of the fence owner, and shall
include painting or similar treatment to resist weathering, repair and/or
replacement of materials, and any other activity necessary to ensure that
the fence continues to look as attractive as at the time of its construction.
(3) Any fence which is in violation of this title, or has become dangerous to
the public safety, health or welfare, is a public nuisance and the code
enforcement officer shall commence proper proceedings for the
abatement thereof.
b. Construction Of Fences: All fences, except those constructed on an
industrially-zoned property abutting a residentially-zoned property, shall be
constructed in such a manner that no less than thirty percent (30%) of the plane
between the ground and the top of the fence is open. Fences on industrially-
zoned property abutting residentially-zoned property shall be erected along the
property line and is allowed to be 100 percent opaque and six feet (6') in height.
Page 12-1D - 34
4. Face Side: That side of the fence considered to be the face (the side opposite
the post) shall face abutting property or the street or other public right-of-way.
5. Height: Fence height shall be measured at a point six inches (6") below the top
of the supporting posts. No fence or material between posts shall be permitted to
be greater in height than the highest post on either side of said fence material.
B. Fences In Residential Districts (See Figure 1D-6.1):
1. Height And Location:
a. Front Yard: Fences may be installed to a height not exceeding thirty six
inches (36") extending across front yards or along that portion of the side lot line
equal to the required front yard setback.
b. Interior Lot Line: Fences up to and including six feet (6') in height may be
erected on interior lot lines behind the front yard setback line and on rear lot
lines.
c. Rear Yard: Should the rear lot line be common with the side lot line of an
abutting lot, that portion of the rear lot line equal to the required front yard
setback of the abutting lot may be fenced to a height of not more than thirty six
inches (36").
d. Gates: Where a gate is proposed to obstruct access to a driveway in a yard
abutting a street or other public right of way, such gate shall require the approval
of a conditional use permit, subject to compliance with the following conditions:
(1) The applicant shall show that the gate is needed to mitigate an unsafe
condition related to visibility of the driveway and gate area from the
principal building, intersection of the driveway with the public street, or
other unsafe condition as approved by the city.
(2) All plans and specifications for the proposed gate shall be reviewed,
and approved, by the police and fire departments prior to installation.
(3) No gate shall be closer than twenty five feet (25') from the paved edge
of the street.
(4) Gates shall not exceed sixty inches (60") in height.
(5) The gate shall be able to be opened in the event of a power failure.
(6) All gates must be equipped with an override to any latch or electronic
closure to ensure access by police and fire personnel at all times. The
Page 12-1D - 35
override mechanism must be properly functioning and shall not be
disabled by the property owner.
(7) Gates shall be considered fences for the purposes of this subsection
B, requiring a building permit, and subject to all other applicable fence
regulations, including, but not limited to, building materials.
(8) Any gate which does not meet the standards set forth in this
subsection Bid, or which is determined by the police or fire department or
a code enforcement officer to not be properly functioning or properly
maintained, shall be immediately repaired or removed upon notice to the
property owner. For purposes of this subsection Bid, the police or fire
department or code enforcement officer may determine that a gate is not
being properly maintained if the gate is rusted or deteriorated or if the
condition of the gate poses a threat to health, safety or welfare in any
manner.
2. Chain link Fences:
a. Height: Chain link fences used for the enclosure of tennis courts shall not
exceed ten feet (10') in height and shall not be located within the required front
yard.
b. Barb Restrictions: Chain link fences shall be constructed in such a manner
that no barbed ends shall be at the top.
Figure 1D-6.1: RESIDENTIAL FENCE REQUIREMENTS
Page 12-1D - 36
0
STREET
1000
NOTES:
Witte ceeeDell. 1e,.•4 ham at bon. 01 wegalikt .44.. a eantmua 11.
- 7,41.4 elperd 1 gate 00ale1 le cosiract om.mn to RCN
Maximum 6 feet in height
---- Mesh-num 36 inches in height
C. Fences In Business And Industrial Districts:
1. Height: Fences may be located on a lot line to a height of six feet (6').
2. Conditional Use Permit Required For Certain Fences: Fences over six feet (6') in
height and with a security arm for barbed wire shall require a conditional use
permit.
D. Permitted Encroachments Onto Public Ways: Notwithstanding the other
requirements of subsection A or B of this section to the contrary, fences greater
than thirty six inches (36") in height but no greater than six feet (6') in height and
no less than thirty percent (30%) open may be allowed to encroach into rear
yards of corner and through lots or side yards of corner lots by conditional use
permit when said yard abuts a public street; provided, however, that in no event
shall such fence be allowed to be constructed on a public easement for street,
utility, or drainage purposes.
12-1D-7: ESSENTIAL SERVICES:
A. Permitted Essential Services: Permitted essential services shall be a permitted
use as authorized and regulated by state law and ordinances of the city in all
zoning districts, provided they do not fall within subsection B of this section.
Page 124 D - 37
B. Essential Services Requiring Conditional Use Permit: The following essential
services, and those deemed similar by the city council, shall require a conditional
use permit within any zoning district. Prior to granting such permit, it shall be
found that the architectural design of service structure or building is compatible to
the neighborhood in which it is to be located:
1. Those listed as a conditional use within the zoning district in which they are to be
located.
2. Those in which seventy five percent (75%) of the services provided or produced
are not provided for, used, consumed or required within the city.
3. Those higher than the maximum height as set forth in the zoning district in which
it is to be located when increased by fifty percent (50%).
4. Those in which the architectural design and/or use would not normally be
compatible to the neighborhood and/or zoning district in which it is to be located.
12-1D-8: FARMING OPERATIONS: All farms currently in existence will be permitted to
continue operation after the abolition of the farm residence district within the city,
subject to the following conditions: (Ord. 276, 7-16-1991)
A. Agriculture Permitted; Exceptions: Agriculture, excepting commercial animal
farms, fur farms, kennels and poultry farms, but including truck gardening and
other horticultural uses, and horses for use of the occupants of the premises, is a
permitted use in the district in which an existing operation or private stable is
located; provided, that any new private stable or other new building in which farm
animals are kept shall be a distance of one hundred feet (100') or more from any
other lot in an R district.
B. Sales Of Agricultural Products: Limited sales of products produced may be
conducted on the premises from a roadside stand, but such stand shall not
exceed one story in height or five hundred (500) square feet in floor area, and no
portion of any such stand shall be located or erected nearer than fifty feet (50')
from any street line.
12-1D-9: LAND RECLAMATION: Under this chapter, "land reclamation" is the
reclaiming of land by depositing of material so as to elevate the grade. All land
alterations shall comply with the City's requirements for stormwater management,
erosion control, and related regulations.
12-1D-10: RESERVED: Reserved.
Page 12-1D - 38
12-1 D-11: FLOODWAY AND FLOODPLAIN DISTRICTS
A. Scope: The regulations in these districts are in addition to, rather than in lieu of,
regulations imposed by any other zoning classification for land designated.
B. Floodway District Permitted Uses:
All buildings, structures construction grading and deposits that are essential to
the operation of the community such as bridges, sewer outfalls, power and
telephone line supports, and other service structures.
Nondamageable or low damage potential types of uses, such as agriculture,
parking lots, parks, recreation areas and docking facilities. Provided, however,
that no building, structure or improvements shall be erected and no filling or
grading undertaken unless they are designed and constructed so as not to
constitute an obstruction to flood flow and until plans for such work, approved in
writing by the city engineer, have been filed with the city council and a building
permit issued.
C. Floodplain District Permitted Uses:
All buildings, structures, construction, grading and deposits that are permitted
under the primary zoning classification; provided, that:
1. No residence shall be constructed unless the ground upon which such
residence is to be erected, and twenty feet (20') beyond the limits of such
residence, and the entire access drive to the public street shall, prior to or at the
time of such construction, be raised to an elevation not less than one foot (1')
above the design flood elevation as shown on the zoning maps, and the first floor
of such residence shall not be less than three feet (3') above the design flood
elevation.
2. No basement floor shall be constructed to an elevation lower than the design
flood elevation unless such basement has been designed to withstand pressure
from water at the design flood elevation and certified by a registered professional
engineer with such condition being made a part of the building permit. No street
grades shall be placed at a lower elevation than the design flood elevation.
3. Filling or excavating in the bed of a lake or stream below high water mark or
pumping water into or out of water bodies may be permitted subject to the
approval of the city council and subject to a permit previously obtained from the
commissioner of natural resources as required by Minnesota statutes.
4. Construction of streets, residences and other buildings at elevations below
design flood elevations may be permitted if adequate flood protection is provided.
Page 12-1D - 39
Any flood protective works must be approved in writing by the city council prior to
the granting of building permits.
D. Issuance Of Building Permit: Before a building permit shall be issued for a
building, structure, construction grading or deposit in a floodway or floodplain, the
applicant must provide an executed completed application form for building
permits; all plans, exhibits and certification required by this chapter; and the
written approval of other governmental agencies as required by this chapter.
12-1D-12: SANITARY SEWER AND WATER SYSTEMS
A. Use Of Public Systems Required; Exceptions: It is the policy of the city that
there be no future development in the city that is not served by the municipal
sanitary sewer and water distribution systems. However, the code enforcement
officer may grant special or temporary permission for a private sanitary sewer
system and/or private water system if the property is not served by the municipal
sanitary sewer system and/or water distribution system and if the public works
director is satisfied that the proposed private system or systems will prevent
pollution to existing ground water resources, will not result in a hazard to health,
and that the design and location of the proposed system will not adversely affect
the health, safety and general welfare of the residents of the city and adjacent
communities.
B. Private Sanitary Sewer Systems: Plans for and installation of private on site
sanitary sewer systems shall be in compliance with section 10-3-3 of this code
and Dakota County ordinance 113.
12-1D-13: ADDITIONAL REQUIREMENTS, EXCEPTIONS AND MODIFICATIONS:
The requirements and regulations specified in this chapter shall be subject to the
provisions of this section 12-1D-13.
12-1D-13-1: INCREASE IN STRUCTURE HEIGHT LIMITS: Height limitations set forth
elsewhere in this chapter 4i-a-14 may be increased fifty percent (50%) when applied to the
following structures:
Belfries.
Chimneys.
Church spires.
Cooling towers.
Page 12-1D - 40
Cupolas and domes which do not contain usable space.
Elevator penthouses.
Fire and hose towers.
Flagpoles.
Monuments.
Observation towers.
Parapet walls extending not more than three feet (3') above the limited height of the
building.
Smokestacks.
Water towers.
12-1D-13-2: ADDITIONAL REQUIREMENTS FOR ALL B AND I DISTRICTS:
A. Building Permits:
1. All applications for building permits shall be submitted for city council approval
and shall comply with the provisions of subsection 12-1G-4 of this chapter.
2. Where building permit applications for interior work on existing structures located
in the B and I zoning districts are applied for, the code enforcement officer shall
issue building permits upon compliance with local codes and ordinances.
B. Corner Lots: On a corner lot, each side abutting a public street shall be treated
as a front yard.
C. Building Design And Construction: In addition to meeting the other requirements
of this chapter and the requirements of the city building code as to structures, all
buildings or structures in these districts shall meet the following standards:
1. Exterior Surfaces, including roofs: Buildings shall be finished on all sides with
permanent finished materials of a quality consistent with the standards set in the
district in which it is located. Exterior wall surfaces shall be any one or more of
the following:
a. Face brick or natural stone.
Page 12-1D - 41
(1) Professionally designed precast concrete units, if the surfaces have
been integrally treated with an applied decorative material or texture, or
(2) Decorative block, if incorporated in a building design which is
compatible with other development throughout the district.
b. Factory fabricated and finished metal framed modular panel construction, if
the panel materials are any of those listed in subsection C1a or C1 b of this
section, glass, prefinished metal (other than unpainted galvanized iron) or
plastic used in accordance with the building code requirements.
c. No building exterior shall be constructed of sheet aluminum, asbestos, iron,
steel, or corrugated aluminum, unless specifically approved by City Council.
2. Subsequent Additions And Other Structures: Subsequent additions and other
buildings or structures constructed after the erection of the original building or
structure shall be constructed of materials comparable in quality and appearance
to those used in the original construction and shall be designed in a manner
conforming with the original architectural design and general appearance.
3. Accessory Structures; Walls: Garages, accessory structures, screen walls, and
exposed areas of retaining walls shall be of a similar type, quality and
appearance as the principal structure.
4. Compatibility With Other Structures: All structures shall be compatible with other
structures in the area.
5. Off Street Parking And Loading: Design and maintenance of off street parking
and loading areas shall be in accordance with section 12-1J-1 of this chapter.
6. Storage Of Materials:
a. All trash and trash handling equipment shall be stored within the principal
structure or within an attached structure accessible from within the principal
structure.
b. There shall be no outdoor storage of either materials or products, except
through the issuance of a conditional use permit and where expressly allowed in
the underlying zoning district.
7. Screening Of Mechanical Utilities: Whenever possible, rooftop mechanical units
shall be of low profile variety. All ground level and rooftop mechanical utilities,
other than low profile rooftop units, shall be completely screened with one or
more of the materials used in the construction of the principal structure. Where
practicable, rooftop screening shall be accomplished through the use of parapet
walls.
Page 12-ID - 42
8. Screening Of Vehicle Lights: The light from automobile headlights and other
sources shall be screened whenever it may be directed onto adjacent residential
windows.
D. Landscaping Requirements:
1. Landscape Plan Required; Contents: Landscape plans prepared by a registered
landscape architect shall be submitted as part of the application for building
permit or site plan approval. Landscape plans shall be drawn to a scale of not
less than one inch equals fifty feet (1" = 50') and shall include the following
information:
a. Boundary lines of the property with accurate dimensions.
b. Locations of existing and proposed buildings, parking lots, roads and other
improvements.
c. Location, approximate size and common name of existing trees and
shrubs.
d. Planting schedule containing symbols, quantities, common and botanical
names, size of plant materials and root condition.
e. Planting details illustrating proposed locations of all new plant material.
f. Details of restoration of disturbed area including areas to be sodded or
seeded.
g. Locations and details of other landscape features including berms, fences
and planter boxes and all other landscaped features.
h. Location and details of irrigation systems; and details and cross sections of
all required screening.
2. Minimum Area And Plant Material Required:
a. At least twenty five percent (25%) of the land area shall be landscaped with
grass, approved ground cover, shrubbery and trees.
b. At least five percent (5%) of the land area within a parking area shall be
landscaped.
c. The following minimum sizes shall be required at the time of planting:
Overstory deciduous trees 2 1/2 inches in diameter
Ornamental trees 1 1/2 inches in diameter
Page 12-ID - 43
Coniferous trees
Major shrub plantings
6 feet tall
5 gallons
d. A reasonable attempt shall be made to preserve as many existing trees as
is practicable and to incorporate them into the site plan.
e. All new overstory trees shall be balled and burlapped or moved from the
growing site by tree spade.
f. All site areas not covered by buildings, sidewalks, parking lots, driveways,
patios or similar hard surface materials shall be sodded, except those areas to be
preserved in a natural state; provided, however, that areas reserved for future
building expansions may be seeded.
g. Not more than fifty percent (50%) of the required number of trees shall be
composed of one species. No required tree shall be any of the following:
(1) A species of the genus Ulmus (except those elms bred to be immune
to Dutch elm disease).
(2) Box elder.
(3) A species of the genus Populus (poplar).
(4) Female ginko.
(5) Amur maple
(6) Norway maple
(7) Russian olive
(8) Ash
(9) Buckthorn
(10) Black locust
h. In order to provide for adequate maintenance of landscaped areas, an
underground sprinkler system shall be provided as part of each new
development except additions to existing structures which do not at least equal
the floor area of the existing structure. A sprinkler system shall be provided for all
landscaped areas except areas to be preserved in the natural state.
3. Maintenance Of Landscaping: The owner, tenant and their respective agents
shall be jointly and severally responsible for the maintenance of all landscaping
Page 12-1D - 44
in a condition presenting a healthy, neat and orderly appearance and free from
refuse and debris. Plants and ground cover which are required by an approved
site or landscape plan and which have died shall be replaced as soon as
seasonal or weather conditions allow.
4. Bond Requirements:
a. When screening, landscaping or similar improvements to property are
required by this chapter, a performance bond shall be supplied by the owner in
an amount equal to at least one and one-half (1 1/2) times the value of such
screening, landscaping, or other improvements. The bond, with security
satisfactory to the city, shall be conditioned upon reimbursement of all expenses
incurred by the city for engineering, legal or other fees in connection with making
or completing such improvements. The bond shall be provided prior to the
issuance of any building permit and shall be valid for a period of time equal to
one full growing season after the date of installation of the landscaping. The city
may accept a letter of credit, cash escrow or equivalent in lieu of a bond in an
amount and under such conditions as the city may determine to be appropriate.
In the event construction of the project is not completed within the time
prescribed by the city council, the city may, at its option, complete the work
required at the expense of the owner and the surety.
b. The city may allow an extended period of time for completion of all
landscaping if the delay is due to conditions which are reasonably beyond the
control of the developer. Extensions, which may not exceed nine (9) months,
may be granted due to seasonal or weather conditions. When an extension is
granted, the city shall require such additional security as it deems appropriate.
E. Screening And Buffering:
1. Screening Or Buffering Required:
a. Principal buildings and structures and any building or structure accessory
thereto shall be buffered from lots used for any residential purpose.
b. Off street parking facilities containing six (6) or more spaces shall be
buffered from streets located within fifty feet (50'), and from lots which are used
for any residential purpose.
c. Outside storage which is allowed by other provisions of this chapter shall
be screened from all public views.
d. External loading and service areas must be completely screened from the
ground level view from contiguous properties and adjacent streets, except at
access points.
Page 12-1D - 45
2. Types Of Screening Or Buffering; Opacity: Required screening or buffering may
be achieved with fences, walls, earth berms, hedges or other landscape
materials. The screen shall provide a minimum opacity of ninety percent (90%)
during all seasons.
3. Architecture: All walls and fences shall be architecturally harmonious with the
principal building.
4. Slope Of Berms: Earth berms shall not exceed a slope of three to one (3:1).
12-1D-13-3: MOTOR FUEL STATIONS AND MOTOR FUEL STATION
CONVENIENCE STORES
A. Conditional Use Permit Required: All motor fuel stations and motor fuel station
convenience stores shall require the issuance of a conditional use permit as per
section 12-1L-6 of this chapter. Upon the issuance of a conditional use permit for
a motor fuel station and convenience store by the council, said permit shall be in
force on a temporary basis for a period not to exceed fifteen (15) months from
the date of issuance. lf, during said fifteen (15) month period, construction has
not been completed and the motor fuel station is in operation for a period of less
than thirty (30) days, said conditional use permit shall be void.
B. Compliance With State Regulations; Flammable Liquids:
1. Any building used as a motor fuel station or convenience store shall be
constructed and maintained as required by the rules and regulations relating to
the state fire marshal governing the handling, storage and transportation of
flammable liquids.
2. Every facility, whether underground or aboveground and whether indoors or
out of doors, for the handling, storage, and movement of flammable liquids shall
be constructed and maintained in accordance with the rules and regulations of
the state fire marshal.
C. Yards And Setbacks:
1. Notwithstanding anything to the contrary in other sections of this chapter, the
following minimum requirements shall be observed for yards and setbacks of
motor fuel stations and convenience stores:
Minimum lot size 1 acre
Lot width 200 feet
Front yard 60 feet
Side yard
Page 12-1D - 46
Interior 30 feet
Adjacent to a street 60 feet
Rear yard 50 feet
Pump setback 40 feet
2. Each side abutting a public street shall be considered a front yard.
3. A setback of any overhead canopy weather projection freestanding or
projecting from the station structure shall be not less than twenty feet (20') from
the street right of way line nor less than twenty feet (20') from the adjacent
property line.
D. Height Limit: Total height of any overhead canopy or weather projection shall not
exceed twenty feet (20').
E. Parking And Driveways:
1. The surface parking and service areas, except for access driveways, shall be
no closer than twenty feet (20') from any exterior property line.
2. Entire motor fuel station site other than that part devoted to landscaping and
structures shall be surfaced with asphaltic or cement concrete surfacing to
control dust and provide adequate drainage, and such surfaces shall be
designed to fit the requirements of a minimum seven (7) ton axle load.
3. All interior curbs shall be constructed within the property lines to separate
driving, parking and service areas from landscape and the public right of way
areas. Such curbing shall be constructed of concrete and shall be of a six inch
(6") non-surmountable design.
4. The minimum distance between driveways shall be thirty feet (30') measured
along the property line.
5. The minimum driveway angle shall be forty five degrees (45°).
6. All outside parking spaces shall be located in the side and/or rear of the
principal structure not adjacent to the street.
7. A minimum of four (4) outside parking spaces plus three (3) additional outside
parking spaces for each enclosed service stall shall be provided. One additional
outside space shall be provided for each one hundred fifty (150) square feet of
floor space devoted to retail sales in a motor fuel station convenience store. In
the case of rental of trailers, trucks and other vehicles, one parking space shall
be provided for each rental unit.
Page 12-1D - 47
8. Access and parking areas shall be designed so as to provide an adequate
means of access to a public alley or street. Said driveway access shall not
exceed thirty feet (30') in width at the public street right of way line and shall be
so limited so as to cause the least interference with the traffic movement. All
public parking areas shall have access off driveways and not directly off a public
street. All outside parking spaces shall be clearly marked on the pavement.
F. Storage And Sale Of Vehicles And Products:
1. All rental campers, trailers, or motor vehicles shall be stored within the rear
and/or side yard not adjacent to the street.
2. Service station premises shall not be used as a place of storage for wrecked,
abandoned or junked automobiles. No motor vehicle in need of repair shall be
stored on the premises of a service station for a continuous period of more than
seven (7) days, except when so stored pursuant to a police directive.
3. Open dead storage of inoperable motor vehicles shall not be permitted for a
period of more than forty eight (48) hours.
4. Service station premises shall not be used as a place of sale or resale, or as a
place for display for sale or resale, of new or used motor vehicles, trailers or
campers.
5. All goods for sale by the motor fuel station or convenience store shall be
displayed within the principal structure. There shall be no outside display or
sales.
6. Tires for sale shall not be stored or displayed outside the service station
structure, except: a) in a display rack during business hours; or b) in a permanent
outside display container located in conformance with the setback requirements
of this chapter and .completely enclosable. Such display container shall be closed
when the station is not open for business.
G. Architecture And Landscaping:
1. A minimum twenty foot (20') landscaped yard shall be planted and maintained
within all property lines except at driveway entrances.
2. Each motor fuel station shall be architecturally designed so as to be
compatible with the general architectural intent of the area in which it is located.
3. For the purposes of architectural appropriateness, each and every side of the
motor fuel station shall be considered a front face.
Page 12-1D - 48
4. Wherever a motor fuel station abuts on a residential district, a fence or
compact evergreen hedge not less than fifty percent (50%) opaque nor less than
six feet (6') high shall be erected and maintained along the side and rear property
line that abuts the residential district. Application of this provision shall not require
a fence within fifteen feet (15') of any street right of way line.
H. Lighting: All outdoor illumination shall be provided with lenses, reflectors or
shades which shall concentrate the light upon the premises so as to prevent any
glare or rays of light being directly visible upon adjacent street or roadway, or
adjacent property. Site lighting shall create no more than 0.2 foot candles at the
property line of any commercial or industrial parcel or public right of way, and
zero foot candles at the boundary line of residential property.
Debris, Trash And Waste:
1. Used oil cans, discarded auto parts, discarded tires, trash, waste materials,
and similar items of debris shall not be stored on service station premises, unless
such items of debris are located in an enclosure and are completely out of public
view. Such debris shall be removed from the premises at least once a week.
2. No materials shall be burned on the premises of a service station, except in an
approved commercial incinerator complying with the ordinances of the city.
Barrels and similar containers shall not be used for incineration.
J. Signs:
1. All signs shall conform with the district requirements in which the motor fuel
station and convenience store is located.
2. Banners, flags (other than the flags of the U.S. and the state and the United
Nations), pennants and similar promotional display devices may be permitted for
a period not to exceed thirty (30) days after the issuance of a certificate of
occupancy.
12-1D-13-4: DRIVE IN AND FAST FOOD RESTAURANTS:
A. Conditional Use Permit Required: All fast food and drive in restaurants shall
require the issuance of a conditional use permit as per section 12-1L-6 of this
chapter. Upon issuance, said permit shall be in force on a temporary basis for a
period not to exceed fifteen (15) months from the date of issuance. If, during this
fifteen (15) month period, construction is not completed, the conditional use
permit shall be void.
B. Site Requirements:
Page 12-1D - 49
1. Lot Area: Minimum lot area shall be one acre.
2. Parking And Driveways:
a. Parking and driveway areas shall be at least fifteen feet (15') from any
exterior property line.
b. There shall be required one parking space for each employee per shift in
addition to at least one parking space for each fifteen (15) square feet of gross
floor area in the building as per subsection 12-1J-1F of this article, entry reading
"Drive in and fast food restaurant".
3. Landscaping And Lighting: A landscaping and lighting plan shall be submitted
for approval.
4. Screening And Fencing: Where the drive in or fast food restaurant abuts an R
district, a landscaping screen or fence not over six feet (6') nor less than five feet
(5') in height shall be constructed along the property line abutting the R district. A
fence shall not be required within the front yard.
5. Signs:
a. Signs shall be permitted as regulated by the zoning district.
b. Banners, pennants and other similar promotional devices shall not be
permitted.
6. Exterior Materials Of Structures: All structures shall be finished on all exterior
walls with the same material.
12-10-13-5: OUTSIDE STORAGE IN RESIDENTIAL DISTRICTS:
A. Outside Storage Generally: The outside storage of recreational equipment is
permitted in one side yard only or rear yard in all residential zoning districts;
provided, that any such side yard storage shall not be adjacent to a street; and
further provided, that all setback requirements shall be met. Outside storage of
vehicles and recreational equipment not originally constructed for recreational
use shall not be permitted. In all cases, the storage of recreational vehicles shall
comply with the standards of the City's Property Maintenance Code. For the
purposes of this chapter, recreational equipment shall include the following:
1. Boats and canoes.
2. All terrain vehicles.
3. Trailers for the transportation of boats, canoes and all terrain vehicles.
Page 12-1 D - 50
■ 4. All motor vehicles designed, constructed, or used to provide temporary,
moveable living quarters for recreational use.
5. Travel trailers.
6. Snowmobiles.
7. Utility trailers.
B. Parking And Storage Of Recreational Camping Vehicles:
1. Definitions: The term "recreational camping vehicle" shall mean and include
the following definitions:
CAMPING TRAILER: A folding structure mounted on wheels and designed for
travel, recreation and vacation uses.
MOTOR HOME: A portable, temporary dwelling to be used for travel, recreation
and vacation, constructed as an integral part of a self-propelled vehicle.
PICKUP COACH: A structure designed to be mounted on a truck chassis for use
as a temporary dwelling for travel, recreation and vacation.
TRAVEL TRAILER: A vehicular, portable structure built on a chassis, designed to
be used as a temporary dwelling for travel, recreational and vacation uses,
permanently identified as "travel trailer" by the manufacturer of the trailer.
2. Restrictions:
a. The outside parking and storage of recreational camping vehicles is
permitted in one side yard only or rear yard in all residential zoning districts and
all residential areas of PUD districts; provided, that any such side yard or rear
yard storage shall not be adjacent to a street; and further provided, that all
setback requirements shall be met.
b. The vehicle must be parked on a paved surface other than a typical
driveway.
c. In the case of a residential subdivision surrounding a lake or pond, rear
yard storage is prohibited where neighbors can see it from across the water
unless adequately screened.
d. All RVs stored or parked outside must be adequately screened.
Page 12-1D - 51
3. Prohibitions: It is unlawful for any person to park or store a recreational
camping vehicle:
a. In On a residential driveway in a residential district that when the
recreational vehicle is greater than ten feet (10') in height, twenty three feet (23')
in length or six thousand five hundred (6,500) pounds.
b. IR On a public street in a residential district.
4. Exceptions; Special Temporary Permit:
a. A special temporary permit may be issued by the city for the temporary
parking of one mobile home or recreational camping vehicle in on a driveway in a
residential district for a period not to exceed ten (10) days.
b. No more than four (4) permits per year may be issued to any one residence
and cannot be issued consecutively (at least 14 days between permits).
c. Vehicles parked rin on the driveway must be placed fifteen feet (15') from
the roadway to allow for visibility of traffic, and vehicles must have a permit.
d. Vehicles stored outside must be licensed and operable.
12-1D-14: WIRELESS ANTENNAS, TOWERS, AND ACCESSORY STRUCTURES:
Wireless telecommunication towers, antennas, and accessory structures, including, but
not limited to, cellular, PCS technology, and wireless Internet, are a conditional use in all
zones within the city, subject to the requirements and exceptions of this section.
A. Purpose: To protect the public health, safety and general welfare of the
community while accommodating the communication needs of residents and
businesses, the city council finds that this section is necessary to:
1. Avoid potential damage to adjacent properties and personal injury from tower
collapse through structural standards and setback requirements.
2. Protect the aesthetic qualities of the community by requiring tower and
antenna equipment to be screened from properties within viewing distance of the
site and to be designed in a manner to blend in with the surroundings and
compliment existing structures.
3. Maximize the use of existing and approved freestanding antenna towers,
buildings, and existing light poles for new wireless telecommunication antennas.
4. Minimize the number of freestanding antenna towers needed to serve the
community by utilizing co-location.
Page 12-1D - 52
) 5. Facilitate the provision of wireless telecommunication services to the residents
and businesses of the city.
B. Definitions: The following words and terms, when used in this section, shall have
the following meanings unless the context clearly indicates otherwise:
ACCESSORY STRUCTURE: A use or structure which is subordinate to one of
the following:
1. The principal use of the land.
2. A building with antennas.
3. An antenna tower.
ANTENNA: Any structure or device used for the purpose of collecting or radiating
electromagnetic waves, including, but not limited to, cellular and PCS technology.
PERSONAL WIRELESS COMMUNICATION SERVICES: Licensed commercial
wireless communication services including cellular, personal communication
services (PCS), enhanced specialized mobilized radio (ESMR), paging and
similar services.
PUBLIC UTILITY: Persons, corporations, or governments supplying gas, electric,
transportation, water, sewer, or landline telephone services to the public. For this
chapter, commercial wireless telecommunication sources shall not be considered
public utility uses or essential services.
TOWER: Any pole, spire, structure, or combination thereof, including supporting
lines, cables, wires, braces and masts, intended primarily for the purpose of
mounting and securing an antenna, meteorological device or similar apparatus
above grade. For height restriction purposes, the height of the tower shall be
measured from the ground to the highest portion or attachment thereto.
UBCIBC: Uniform International building code, published by the International
Conference of Building Officials Code Council and adopted by the state of
Minnesota to provide jurisdictions with building related standards and regulations.
UNUSED OR OBSOLETE TOWERS OR ANTENNAS: Any antenna or
freestanding antenna tower shall be considered to be unused or obsolete if it is
not continuously used or if no use is made of it for its intended purpose for a
period of six (6) continuous months or more.
C. Building Mounted Antennas:
1. Permitted Buildings: Antennas may only be mounted on institutional buildings
(churches, schools, businesses, etc.) or multiple-family dwellings two (2) stories
Page 12-1 D - 53
or higher. Wireless telecommunications antennas are not permitted on attached
or detached single-family homes or townhome dwellings.
2. Flush Mounting; Color:
a. Building mounted antennas must be flush mounted to the sides of the
building and painted the color of the building exterior unless the applicant can
demonstrate to the council that protrusion above the roofline is necessary for
communication effectiveness.
b. In no case shall building mounted antennas or any attachment thereto be
allowed to protrude more than fifteen feet (15') above the roofline of the building.
3. Agreement To Mount On City Property: If both the applicant and the city
consent to mounting the antennas on the city's water tower or other municipal
building, a developer's agreement
UD: shatrbErriecessary in addition to a conditional use permit.
• •
• ••
D. Freestanding Antennas And Towers:
1. Restrictions In Residential Districts: No freestanding antenna or antenna tower
shall be allowed in any R-1, R-1A, or R-2 districts unless co-located on existing
utility towers.
2. Conditions: A freestanding antenna tower shall only be permitted if the
applicant can demonstrate the following to the council:
a. That a building mounted or water tower mounted antenna in the manner
described in subsection C of this section will not provide sufficient communication
effectiveness; and
b. That it is not possible or feasible to co-locate on an existing
freestanding antenna tower or building in the vicinity of the proposed location.
3. Design And Color: Freestanding antenna towers must be of a monopole type
design and painted eggshell.
4. Height: All freestanding antenna towers shall be no higher than seventy five
feet (75'), as measured from the ground to the highest point of any portion of the
tower, antenna, or any other component attached thereto, or the distance
between the base of the antenna tower and the nearest setback line, whichever
is least.
5. Setbacks: All freestanding antenna towers and accessory structures must
adhere to all appropriate setbacks for the given zone.
Page 12-1D - 54
E. Aesthetics:
1. Design: All freestanding antenna towers shall be of a monopole type design.
The use of guyed towers is prohibited.
2. Color:
a. Those portions of all freestanding antenna towers and all antennas which
protrude into the air shall be painted eggshell.
b. Those portions of all antennas that are flush mounted to the sides of
buildings shall be painted to match the exterior of the building.
3. Screening: All accessory buildings to all freestanding towers shall be screened
from public view by a landscape plan according to the landscape standards of
the appropriate zone and as described in subsection 12-1D-13-2D1 of this
chapter subject to council review.
4. Advertising: Advertising of any kind shall not be permitted on any freestanding
antenna tower, antenna, or accessory structure.
5. Lighting: Artificial lighting of any kind shall not be permitted on any
freestanding antenna tower, antenna, or accessory structure unless such lighting
is required by the FCC, the FAA, or another federal or state regulatory body. If
such a requirement exists, only the minimum amount of lighting required shall be
allowed.
6. Prohibitions: Structures, functions, uses or activities that are not found by the
city to be specifically necessary for the proper functioning of the antennas shall
be prohibited on any antenna or tower without express permission from the city
unless the city grants a waiver to this requirement.
F Safety:
1. Report Of Compliance: For a freestanding antenna tower, the applicant must
provide a report from a licensed qualified professional structural engineer
certifying that the tower will meet or exceed current EIATTIA-222-E standards
including, but not limited to, standards for withstanding meteorological conditions
such as high winds and radial ice.
2. Compliance With Building And Electrical Codes: All antennas, freestanding
antenna towers, and accessory structures shall conform to all building and
electrical codes.
3. Fencing: The applicant may be required by the council to erect a security
fence around any freestanding antenna.
Page 12-1D - 55
G. Accessory Structures For Antennas:
1. Location And General Requirements: Accessory buildings to antennas or
freestanding antenna towers must lie completely within all applicable setbacks
from all property lines and must otherwise conform to all requirements for
accessory buildings within the description of the specific zone.
2. Architecture:
a. Accessory structures and equipment buildings shall be designed to be
architecturally compatible with any principal structures on the site or, in the
absence of such structures, with their immediate surroundings in an aesthetically
pleasing manner.
b. Accessory structures shall be finished on all sides.
c. The planning commission shall review and the council shall approve the
design of any accessory structures and equipment buildings.
H. Additional Requirements:
1. Abandoned Structures:
a. Removal Required: Unused or obsolete freestanding antenna towers,
antennas, structures or apparatus must be removed within six (6) months of
when the operation ceases.
b. Bond: A successful applicant shall provide an abandonment bond to the
city equal to one and a half (1 1/2) times the current cost of removal and disposal
of all antennas and accompanying apparatus as estimated by a consultant
selected by the city and paid for by the applicant, which bond shall be used by
the city to remove the antennas and apparatus should they become unused or
obsolete and the applicant or its successors or assigns become disbarred or
otherwise fail to remove said antennas and apparatus.
2. Other Required Licenses: The applicant must submit proof of any applicable
federal, state, or local licenses to the council prior to receiving a building permit.
3. Interference With Public Safety Systems Prohibited: The applicant must agree
in writing to support, participate in and refrain from interfering with public warning
systems and public safety communications and other radio frequencies as may
be regulated by the Federal Communications Commission (FCC).
4. Coverage/Interference And Capacity Analyses: The applicant shall
demonstrate, by providing a coverage/interference analysis and capacity
Page 12-1D - 56
analysis, that the location and height of any freestanding antenna tower or
antenna as proposed is necessary to meet the communication, frequency reuse
and spacing needs of the communication services system, and to provide
adequate coverage and capacity to areas that cannot be adequately served by
locating the towers in a less restrictive district or on an existing structure,
freestanding antenna tower or antenna including such in neighboring
municipalities.
5. Compliance With FCC Regulations; Noninterference Required: All new or
existing telecommunications service and equipment shall meet or exceed all
federal communications commission (FCC) standards and regulations and shall
not interfere with any other communications, computers, laboratory equipment or
manufacturing equipment, including television and other home electronics. The
applicant shall provide to the city a report from a qualified professional engineer
guaranteeing noninterference and a copy of the FCC approval of the antenna in
regard to noninterference.
6. Environmental Impact Statement: In the event that the FCC or other agency or
other governmental body having jurisdiction requires the applicant to submit an
environmental impact statement or similar document, a copy of this document
shall be submitted to the city.
7. Nonconformances: Existing nonconforming freestanding antenna towers,
antennas, or accessory structures shall be allowed to continue operation unless
use of the freestanding antenna tower, antenna, or accessory structure for its
intended purpose ceases for a continuous period of six (6) months, in which
case, resumption of use shall require a reapplication for a conditional use permit.
8. Area Map: All applications for either a freestanding antenna, a freestanding
antenna tower, or a building mounted antenna shall be accompanied by a map of
all existing towers and antennas of the same provider within a two (2) mile radius
of the proposed site and all future planned antennas of the same provider for the
next five (5) years within a two (2) mile radius of the proposed site.
9. Costs To Applicant: All costs of an application, including, but not limited to,
those incurred by city staff time and resources, engineering studies by
consultants, and other data as may be required by the city staff, the planning
commission or the city council shall be borne in full by the applicant.
10. Variances: The council may at its discretion waive any or all of the
requirements of this section in order to approve a unique "stealth" or
"camouflage" design of freestanding antennas or poles or building mounted
antennas if, in the opinion of the council, said apparatus will be sufficiently
disguised as trees, light poles, church steeples, or other similar objects.
Page 12-1D - 57
11. Prohibitions: Use of mobile cell/PCS sites or COWs (cell sites on wheels), or
any other temporary antenna apparatus is strictly prohibited except in the case of
emergency equipment used for public safety purposes for a limited time during or
in the immediate aftermath of a natural disaster or other emergency.
12-1D-15: SIGNS: Signs are a permitted accessory use in all use districts subject to
the following regulations:
A. Interpretation: A sign is a structure or a part of a structure for the purpose of
applying yard and height regulations.
B. Permit Requirements:
1. Permit Required: Except as herein exempted, no person, firm or corporation
shall install, erect, relocate, modify, alter, change the color or change the copy on
any sign in the city without first obtaining a permit.
2. Application For Permit; Fees: Application for permits shall be made in writing
upon printed forms furnished by the city, and shall be accompanied by a
complete description of the sign, its proposed location, the manner of
construction and materials used in the sign, a sketch of the sign and such other
information as the code enforcement department deems necessary. Fees shall
be established by resolution of the city council. A triple fee shall be charged if a
sign is erected without first obtaining a permit for such sign.
3. Exemptions: No permit shall be required for the following signs; provided,
however, that all signs herein exempted from the permit requirements shall
conform with all other requirements of this chapter:
a. Signs erected by a governmental unit.
b. Signs which are entirely within a building and not visible from outside such
building.
c. Address, nameplate and/or identification signs having an area of two (2)
square feet or less.
d. Garage sale, rummage sale and other similar signs in conjunction with the
sale of household goods and materials from private residences.
e. Real estate signs as regulated in subsection D of this section.
f. Election signs as regulated in subsection I of this section.
C. Location Generally: Signs and parts of the superstructure shall not extend into
the required yards.
Page 12-ID - 58
D. Real Estate Signs:
1. For purposes of selling or leasing property, a sign not in excess of fifteen (15)
square feet per surface may be placed within the front yard of such property to
be sold or leased. Such signs shall not be less than fifteen feet (15') from the
right of way line unless flat against the structure.
2. For the purpose of selling or promoting a residential project of six (6) or more
dwelling units, a commercial area of three (3) acres or more or an industrial area
of ten (10) acres or more, one sign not to exceed one hundred (100) square feet
of advertising surface may be erected upon the project site. Such sign shall not
remain after ninety percent (90%) of the project is developed.
E. Temporary Signs: There shall be no more than one temporary (3 months or less)
sign on any lot. The total area of such sign shall not exceed twenty five (25)
square feet.
F Maintenance Requirements:
1. The owner, lessee, or occupant of the land on which a ground sign is located
shall keep the property on which the sign is located free of long grass, weeds or
other rank growth, rubbish or debris.
2. All signs shall be maintained in a safe, presentable and structurally sound
condition. No person shall maintain or permit to be maintained on any premises
owned or controlled by him any sign which is in a dangerous or defective
condition.
G. Prohibited Signs: Unless a sign is specifically permitted under this chapter, the
sign is prohibited. By way of example and not by way of limitation, the following
signs are specifically prohibited:
1. Signs within the public right of way or easement; except, that the city council
may grant a conditional use permit to locate signs and decorations on or within
the right of way for a specified time not to exceed sixty (60) days.
2. Illuminated flashing signs within the R, B-1 or B-2 district.
3. In all districts, illuminated signs or devices giving off an intermittent, steady or
rotating beam consisting of a collection or concentration of rays or lights.
4. Any sign that, by reason of position, shape or color would interfere in any way
with the proper functioning or purpose of a traffic sign or signal.
5. Signs painted directly on the outside wall of buildings.
Page 12-1D - 59
6. Signs painted on fences, rocks, or similar structures or features in any district.
7. Paper and similar signs attached directly to a building wall by an adhesive or
similar means.
8. Animated signs, lighter than air inflatable devices, string lights, strip lighting
outlining structures, and signs attached or mounted on a vehicle parked primarily
for use as a sign.
9. Roof signs.
H. Nonconforming Signs: Signs existing on the effective date of this chapter which
do not conform to the regulations set forth in this chapter or any previous
ordinance are nonconforming uses.
1. Election Signs:
1. Election signs are permitted on private property in any district, provided such
signs are removed within ten (10) days following the state general election or
within ten (10) days following the election the sign relates to in a year during
which no state general election is held.
2. No election sign shall be permitted in any R district before August 1 in a state
general election year, or more than one month preceding the election the sign
relates to in a year during which no state general election is held.
3. No election sign shall be permitted on election day within one hundred feet
(100') of a building in which a polling place is situated or anywhere on public
property on which a polling place is situated.
J. Signs In R Districts: Within the R districts, the following signs are permitted:
1. One nameplate sign for each dwelling, and such sign shall not exceed two (2)
square feet in area per surface, and no sign shall be so constructed as to have
more than two (2) surfaces.
2. One nameplate sign for each dwelling group of six (6) or more units, and such
sign shall not exceed six (6) square feet in area per surface, and no sign shall be
so constructed as to have more than two (2) surfaces.
3. One nameplate sign for each permitted use or use by conditional use permit
other than residential may have one nameplate sign, and such sign shall not
exceed twelve (12) square feet in area per surface.
Page 12-1D - 60
4. Symbols, statues, sculptures and integrated architectural features on
nonresidential buildings may be illuminated by floodlights, provided the direct
source of light is not visible from the public right of way or adjacent residential
district.
5. Any sign over one square foot shall be set back at least ten feet (10') from any
property line. No sign shall exceed ten feet (10') in height above the average
grade level. Signs may be illuminated, but such lighting shall be diffused or
indirect and not illuminated beyond any lot line.
K. Signs In B And I Districts:
1. Nameplates And Business Signs: Nameplate signs and business signs are
permitted subject to the following regulations:
a. B-1 And B-1A Districts: Within the B-1 and B-1A districts, the aggregate
square footage of sign space per lot shall not exceed the sum of one square foot
per front foot of building plus one square foot for each front foot of lot not
occupied by a building. No individual sign shall exceed fifty (50) square feet in a
B-1 area.
b. B-2, B-3, B-4 And I Districts:
(1) Within the B-2, B-3, B-4 and I districts, the aggregate square footage of
such space per lot shall not exceed the sum of two (2) square feet per
front foot of building, plus one square foot for each front foot of lot not
occupied by such building which fronts on a public right of way fifty feet
(50') or more in width. The least width of a lot for purposes of this chapter
shall be the front. No individual sign surface shall exceed one hundred
(100) square feet in area, nor shall two (2) or more signs be so arranged
and integrated as to cause an advertising surface over one hundred (100)
square feet.
(2) Where a B-4 district includes a theater, additional sign surface area
may be permitted for the exclusive use of the theater. The total aggregate
surface area permitted for theaters including any pylon, marquee or other
signage shall not exceed two hundred (200) square feet.
2. Pylon Or Freestanding Sign: The erection of one pylon type sign for any single
lot in the B-2, B-3, B-4 and I districts is permitted under the following provisions:
a. No pylon or freestanding sign shall be located in a required yard area. In
the case of a corner lot, both sides fronting on a public right of way shall be
deemed the front.
Page 12-1D - 61
b. A pylon or freestanding sign shall not be higher than twenty five feet (25')
above the average grade level at the base of the sign.
c. No part of the pylon or freestanding sign shall be less than twenty feet (20')
from a side lot line nor less than five feet (5') from any driveway or parking area.
d. No part or projection from a pylon or freestanding sign shall be less than
fourteen feet (14') vertical distance above the grade level at the base of the sign.
e. The gross area of any surface of a pylon or freestanding sign shall not
exceed one hundred (100) square feet.
3. Comprehensive Sign Plan: A comprehensive sign plan shall be provided for
industrial developments. Such plan, which shall include the location, size, height,
lighting and orientation of all signs shall be submitted to the planning commission
for preliminary plan approval regulations. Provided such a comprehensive plan is
presented, exceptions to the sign performance standards of this chapter may be
permitted if sign areas and densities for the plan as a whole are in conformity
with the intent of this chapter and if such exception results in an improved
relationship between the various parts of the plan.
12-1D-16: OFF STREET PARKING AND LOADING:
A. Purpose: Regulation of off street parking and loading spaces in this chapter is to
alleviate or prevent congestion of the public right of way and to promote the
safety and general welfare of the public by establishing minimum requirements
for off street parking, and loading and unloading from motor vehicles in
accordance with the utilization of various parcels of land and structures.
B. Application Of Provisions: The regulations and requirements set forth in this
section shall apply to the required and non-required off street parking facilities in
all use districts.
C. Site Plan Required: All applications for an occupancy permit in all districts shall
be accompanied by a site plan, drawn to scale and dimensioned, indicating the
location of off street parking and loading spaces as per this chapter.
D. General Provisions:
1. Definition: The term "floor area", for the purpose of calculating the number of off
street parking spaces required, shall be the net usable floor area of the various
floors devoted to retail sales, services, office space, processing and fabrication,
exclusive of hallways, utility space, and storage areas other than warehousing.
Page 12-1D - 62
2. Reduction Of Existing Off Street Parking And Loading Spaces: Off street parking
spaces and loading spaces existing upon the effective date of this chapter shall
not be reduced in number unless said number exceeds the requirements set
forth herein for a similar new use.
3. Benches In Places Of Public Assembly: In stadiums, churches and other places
of public assembly in which patrons or spectators occupy benches, pews or other
similar seating facilities, each twenty two inches (22) of such seating facility shall
be counted as one seat for the purpose of determining required parking.
4. Size Of Spaces: Each parking space shall be not less than nine feet (9') wide
and twenty feet (20') in length exclusive of access drives of twenty four feet (24')
in width, and such space shall be served adequately by access driveway.
5. Use Of Parking Facilities:
a. Off street parking facilities accessory to a residential use shall be utilized
solely for the parking of passenger automobiles; except, that for each dwelling
unit, one truck not in excess of three thousand (3,000) pounds' rated capacity
may be parked by the occupant within a structure.
b. Under no circumstances shall parking facilities accessory to residential
structures be used for open area storage of commercial vehicles.
c. No "semitrailer", "truck tractor", or a combination thereof, or any "custom
service vehicle" as defined in section 6-1-2 of this code, or any truck in excess of
nine thousand (9,000) pounds' gross vehicle weight may be parked within an R
district except for the purpose of loading or unloading the same if such vehicle is
in the process of making a delivery.
d. Required off street parking space in all districts shall not be utilized for
open storage of goods or for the storage of vehicles which are inoperable, for
lease, rent or sale.
6. Location:
a. Residential Districts: Required off street parking in the R districts shall be
on the same lot as the principal building.
b. Setbacks In All Districts: Required off street parking in all districts shall
meet the following setback requirements:
(1) Within all R districts, all vehicles normally owned or kept by the
occupants on the premises must have a garage stall or parking space on
the lot in a location other than a required yard; except, that parking may be
Page 12-1D - 63
located in a rear yard to within ten feet (10')five feet (5') of an interior side
lot line and rear lot line.
(2) All driveways constructed to serve single-family dwellings on corner
lots shall be set back a minimum of thirty feet (30') from the property lines
adjacent to the street corner.
c. Business And Industrial Districts (See Figure 1D-16.1):
(1) In all B and I districts, except B-4 districts, when such district is located
across the street from an R-1 district, parking spaces shall not be located
within the front yard.
(2) In all B and I districts when such district is located across the street
from an R district or when such district abuts an R district, parking spaces
shall be located at least twenty feet (20') from said lot lines. See Figure IJ-
1.1
FIGURE 1D-16.1: BUSINESS & INDUSTRIAL DISTRICTS OFF-STREET PARKING
(Across or Abutting an R District)
STREET
(3) In all B and I districts where such district is not across the street from
an R district or abutting an R district, the parking spaces shall be located
at least twenty feet (20') from a front lot line and ten feet (10') from a side
and rear lot line. For the purpose of applying this section, all lot lines
abutting a public street shall be considered a front lot line. See Figure 1D-
16.2.
Page 12-1D - 64
FIGURE 1D-16.2: BUSINESS & INDUSTRIAL DISTRICTS OFF-STREET PARKING
(Not Across or Abutting an R District)
STREET
(
(4) Within the B and I districts, off street parking spaces shall not be less
than twenty feet (20') from a street right of way line.
7. Driveway Access Required: All off street parking spaces shall have access from
a driveway and not directly off a public street.
8. Joint Parking Facilities: Off street parking facilities for a combination of one or
more uses may be provided collectively in any district except the R-1, R-1A and
R2 districts, provided the total number of spaces provided shall equal the sum of
the separate requirements for each use.
9. Off Site Parking Facilities: When required accessory off street parking facilities
are provided elsewhere than on the lot on which the principal use served is
located, written authority for using such property for off street parking shall be
filed with the city so as to maintain the required number of off street parking
spaces during the existence of said principal use. No such parking facilities shall
be located more than one hundred feet (100') from the premises at its closest
point.
E. Design And Maintenance Of Off Street Parking Areas:
1. Access, Width And Location: Parking areas shall be designed so as to provide
an adequate means of access to a public alley or street. Said driveway access
( ) shall not be more than twenty five feet (25') in width at the property line in
Page 12-1D - 65
residential districts and no more than thirty feet (30') in width at the property line
in all other districts, and shall be so located as to cause the least interference
with traffic movement.
2. Calculating Space: When determining of the number of required off street
parking spaces results in a fraction, each fraction of one-half (1/2) or more shall
constitute another space.
3. Signs: Signs located in any parking area necessary for orderly operation of traffic
movement shall not be included as a part of the permitted advertising space.
4. Surfacing: Subject to the provisions of subsections 12-1E-1C3 and 04 of this
chapter, all of the area intended to be utilized for parking space and driveways
shall be surfaced with a hard, all weather, durable material and shall be subject
to the approval of the city council except for parking areas of less than three (3)
vehicles.
5. Lighting: The lighting shall be accomplished in such a manner as to have no
direct source of light visible from the public right of way or adjacent land in an R
district.
6. Curbing, Bumper Guards And Landscaping: All open off street parking areas
designed to have head in parking along the interior property line shall provide a
bumper curb or guard of normal bumper height to ensure that no part of any car
will project beyond the required setbacks as established in this chapter. When
such area is for six (6) spaces or more and not located to the rear of a building, a
curb or fence not over three feet (3') in height shall be created at the required
parking setback line, and grass or planting shall occupy the space between the
property line and said curb or fence.
7. Parking Space Abutting An R District: When a required off street parking space
for six (6) or more vehicles is located abutting an R district, a fence as
determined by the city council to be of adequate design, not over six feet (6') in
height nor less than three and one-half feet (3 1/2') shall be erected along the
required parking setback line, except such fence shall not be located within the
required front yard. Said fence shall be not less than seventy five percent (75%)
opaque.
8. Maintenance Of Off Street Parking Areas: The operator of the principal use, uses
or structures shall maintain in a neat and adequate manner the parking space,
access ways, landscaping and required curbs and fences.
F Number Of Required Off Street Parking Spaces: The number of required off
street parking spaces shall be as follows:
!Type Of Use Parking Space Required
Page 12-1D - 66
All residential dwellings
Auto repair - major, bus At least 8 spaces, plus 1 additional space for
'terminal, taxi terminal, boat and each 800 square feet of floor area over
marine sales, bottling company, 1,000 square feet
shop for trade employing 6
people or less, garden supply
store, building material sales
At least 2 spaces per dwelling unit
Boarding house, fraternity
house, sorority house
Bowling alley
Church, auditorium, under-
taking establishment
Community center, post office,
YMCA, YVVCA, physical culture
studio, pool hall, library,
private club, lodge, museum
Daycare center
At least 2 spaces for each 3 persons for
whom accommodations for sleeping
are provided
At least 5 spaces for each alley
At least 1 space for each 31/2 seats based on
the design capacity of the main assembly
hall
10 spaces, plus 1 space for each 300 square.
feet of floor area in excess of 2,000 square
feet of floor area in the principal structure
4 spaces, plus 1 space for each 500 square
feet in excess of 1,000 square feet of floor
space in the principal structure
Drive in and fast food 1 space for each employee per shift in
restaurant addition to at least 1 space for each 15
square feet of gross floor area in the
building, as per subsection 12-1J-3B2b of
this article
• Furniture store, appliance store, At least 1 space for each 500 square feet in
warehouse - under 15,000 excess of the 500 square feet of floor area in
:square feet of floor area; auto the principal structure
'sales, and studio
• Golf course, country club,
,tennis club, public swimming
pool
20 spaces, plus 1 space for each 300 square
feet in excess of 1,000 square feet of floor
space in the principal structure
Page 12-1D - 67
Hospital
'Manufacturing, fabricating or
processing of a product or
material
Motel, motor hotel, motor court,
or hotel
Motor fuel station and motor
:fuel station convenience store
Office building and professional
office having less than 6,000
square feet of floor area
'Office building and professional
office having 6,000 square feet
or more of floor area, bank,
savings institution
Restaurant, cafe, bar, tavern,
nightclub
Retail sales and service
establishment
School, high school
School, trade school and
college
At least 1 space for each 1 hospital bed
At least 4 spaces, plus 1 additional space for
each 800 square feet of building; 1 additional
space shall be provided for each 2,500
square feet or fraction thereof of land
devoted to outside storage
At least 1 space for each
guest room provided in the design of the
building
A minimum of 4 outside spaces, plus 3
additional outside spaces for each enclosed
service stall; 1 additional outside space for
each 150 square feet of floor space devoted
to retail sales in a motor fuel station
convenience store. In the case of rental of
trailers, trucks and other vehicles, 1 space
shall be provided for each rental unit
3 spaces, plus 1 additional space for each
500 square feet of floor area
At least 1 space for each 200 square feet of
net usable floor area
1 space for each employee per shift and 1
space for each 3 seats in the facility
At least 7 spaces for each 1,000 square feet
of gross floor area and one space for each:
200 square feet of gross floor area
At least 1 space for each 7 students, based
on design capacity, plus 1 space for each 3
classrooms
At least 1 space for each classroom, plus 1
space for each 2 students, based on design
capacity, plus parking for other uses
Page 12-1D - 68
Skating rink, dance hall, public
auction house, golf driving
range, miniature golf,
trampoline center
and similar uses
Theater, athletic field
Warehouse, storage handling of At least 1 space for each 2,000 square feet
bulk goods of floor area
including offices as required
At least 15 spaces, plus 1 additional space
for each 300 square feet of floor area over:
2,000 square feet
At least 1 space for each 3 seats of design
capacity
Uses not specifically noted As determined by the city council following:
review by the planning commission
G. Off Street Loading And Unloading:
1. Definition: "Loading berth" shall mean an unobstructed area provided and
maintained for the temporary parking of trucks and other motor vehicles for the
purpose of loading and unloading goods, wares, materials and merchandise.
2. Location:
a. All loading berths shall be off street and shall be located on the same lot as
the building or use to be served.
b. A loading berth shall not be located less than fifty feet (50') from the
intersection of two (2) street rights of way nor less than one hundred feet (100')
from the intersection of street rights of way of major thoroughfares nor less than
fifty feet (50') from a residential district unless within a building.
c. Loading berths shall not occupy the required front yard space.
3. Size: Unless otherwise specified, the first berth required shall be not less than
twelve feet (12') in width and fifty feet (50') in length. Additional berths shall be
not less than twelve feet (12') in width and twenty five feet (25') in length; all
loading berths shall maintain a height of fourteen feet (14') or more.
4. Access: Each loading berth shall be located with appropriate means of access to
a public street or alley in a manner which will least interfere with traffic.
Page 12-1D - 69
5. Surfacing: All loading berths and access ways shall be improved with an
asphaltic or cement concrete.
6. Screening: External loading and service areas must be completely screened
from the ground level view from contiguous residential or commercial properties
and adjacent streets, except at access points. Minimum screening requirements
shall be as set forth in subsection 12-1D-13-2E of this chapter.
7. Accessory Use Prohibited: Any area allocated as a required loading berth or
access drive so as to comply with the terms of this chapter shall not be used for
the storage of goods, inoperable vehicles, nor be included as a part of the area
necessary to meet the off street parking area.
8. Number Of Required Loading Berths:
Type Of Use
Auditorium, convention hall,
public building, hospital, school,
hotel, sports arena
Manufacturing, fabrication,
processing and warehousing
Retail sales and service store,
office
Loading Berth Required
At least 1 berth 25 feet in length for
each building having 1,000 to
10,000 square feet of floor area; for:
those buildings having 10,001
square feet of floor space to
100,000 square feet of floor area or
fraction thereof, 1 additional berth
50 feet in length
At least 1 berth 25 feet in length for
each building having 3,000 square
feet or fraction thereof, plus 1 berth
50 feet in length for each 25,000
square feet of floor area up to
100,000 square feet, plus 1 berth for
each 50,000 square feet of floor
area over the first 100,000 square,
feet of floor area. The operator of,
the business shall have the option to
declare the length of the berth
required for buildings above,
100,000 square feet of floor area;
except, that 1/2 or more of the total!
number of berths required shall be
50 feet in length
At least 1 berth 25 feet in length for
each building having 6,000 square:
feet of floor area or more, plus 1
Page 12-1D - 70
additional berth 50 feet in length for
each 25,000 square feet of floor:
area up to 100,000 square feet
Nonresidential uses having 4,000 to 20,000 square feet of flood
5,000 square feet of floor space area, 1 berth; for each additional
or more and not included as 10,000 square feet of floor area or
part of the above 3 listed uses fraction thereof above 2,500 square!
feet, 1 additional berth
Page 12-1D - 71
SECTION:
12-1E-1:
12-1E-2:
12-1E-3:
12-1E-4:
12-1E-5:
12-1E-6:
12-1E-7:
12-1E-8:
CHAPTER 1
ZONING REGULATIONS
ARTICLE E. R RESIDENCE DISTRICTS
Minimum Requirements for Single-Family Residential Districts
Building Permit Requirements for Single-Family Residential Districts
R-1 One-Family Residential District
R-1A One-Family Residential District
R-1B One-Family Residential District
R-1C One-Family Residential District
R-2 Medium Density Residential District
R-3 High Density Residential District
12-1E-1: MINIMUM REQUIREMENTS FOR SINGLE-FAMILY RESIDENTIAL
DISTRICTS:
A. Dwellings:
1. Floor Area: All single-family dwellings, with the exception of earth sheltered
homes, shall have a minimum of one thousand (1,000) square feet of useable
floor area above grade.
2. Dimensions: The minimum dimension of any single-family dwelling shall be
twenty two feet (22'), exclusive of porches and other appurtenances. The longest
dimension shall not exceed three (3) times the shortest dimension.
3. Basements Required: All single-family dwellings shall have a basement or an
exposed basement under at least fifty percent (50%) of the first floor level.
4. Pitch Of Roofs: With the exception of earth sheltered homes or two (2) story
homes, all residential structures shall have a pitched roof of at least three to
twelve (3:12).
C. Driveways And Parking Areas:
1. Permits shall be required for all driveways.
2. All curb cuts for driveways in connection with single-family dwellings shall
conform in all respects with this chapter and the specifications set forth on city
Page 12-1E - 72
driveway detail sheets. A plan showing proposed curb cuts and driveway location
and design shall be submitted for all new or reconstructed driveways.
3. All driveways, required off street parking spaces, and other areas intended to be
utilized primarily for parking purposes shall be surfaced with concrete or
bituminous surfaces.
4. Driveways shall be a minimum of five feet (5') from side lot lines and shall be no
greater than twenty five feet (25') wide at the property line. All driveways
constructed to serve single-family dwellings on corner lots shall be set back a
minimum of thirty feet (30') from the property lines adjacent to the street corner.
Property owners may, upon obtaining the proper construction permits from the
city, replace an existing driveway that was conforming at the time of construction,
which violates these setback requirements in the same location as the original
driveway, including pavement and base material, without the need for a variance.
(See Figure 1E-1.1)
Figure 1E-1.1: DRIVEWAY REQUIREMENTS
fj.....,
Ilin Irlsnc•
STREET
D. Screening Of Certain Materials: All waste material, debris, refuse, garbage, fuel
including woodpiles of two cords or larger (4 feet by 4 feet by 8 feet), or materials
not currently in use for construction shall be stored indoors or totally screened
from the eye level view from public streets and adjacent properties. (Ord. 276, 7-
16-1991)
12-1E-2: BUILDING PERMIT REQUIREMENTS FOR SINGLE-FAMILY RESIDENTIAL
DISTRICTS:
Page 12-1E - 73
A. Site Grading Plan Requirements: Applications for building permits for single-
family residences shall be accompanied by site grading plans showing contours,
curb cuts, and driveway location and design. Where minor additions are
proposed for single-family dwellings, the requirement for grading plan may be
waived by the code enforcement officer.
B. Compliance With Building Code: All single-family dwellings shall meet the
requirements of the current edition of the building code and/or Minnesota statutes
section 16B.59 et seq.
12-1E-3: R-1 ONE-FAMILY RESIDENTIAL DISTRICT:
A. Permitted Uses: Within any R-1 one-family residential district, no structure or
land shall be used except for one or more of the following uses:
1. Municipal buildings and structures; provided, that no such building or structure
shall be located less than fifty feet (50') from any lot line of an abutting lot in an R
use district.
2. One-family detached dwellings.
3. Public and parochial schools, provided no building shall be located within fifty
feet (50') of any lot line of an abutting lot in an R use district and that a fence be
erected fifteen feet (15') or more from all street lot lines where the abutting use is
for open play.
4. Public parks and playgrounds.
5. Uses as permitted and regulated in this article and article D of this chapter.
B. Conditional Uses: Within any R-1 one-family use district, no structure or land
shall be used for the following uses except by conditional use permit:
1. Cemeteries and/or cemetery structures; provided, that no buildings shall be
located within fifty feet (50') of any abutting property line.
2. Religious Institutions and Places of Religious Worship, including those related
structures located on the same site which are an integral part of the principal use,
convent or homes for persons related to a religious function on the same site,
provided no more than ten (10) persons shall reside on the site, and no building
shall be located within fifty feet (50') of any lot line of abutting private property in
an R district.
Page 12-1E - 74
3. Essential service structures, including, but not limited to, buildings such as
telephone exchange stations, booster or pressure regulating stations, wells and
pumping stations, elevated tanks, lift stations and electrical power substations,
provided no such building shall be located within fifty feet (50') from any lot line of
an abutting lot in an R district. Prior to granting such permit, it shall be found that
the architectural design of service structure is compatible to the neighborhood in
which it is to be located and thus will promote the general welfare.
4. Golf courses, country clubs, tennis clubs, public swimming pools serving more
than one family. The principal structure for any of the above listed uses shall be
one hundred feet (100') or more from any abutting lot in an R district, and
accessory structures shall be a minimum of fifty feet (50') from any lot line.
5. Hospitals for human care, sanitariums, rest homes and nursing homes; provided,
that all structures, except fences, shall be located one hundred feet (100') or
more from the lot line of any abutting lot in an R district.
6. Off street parking when the proposed site of the off street parking abuts on a lot
which is in the B and I districts and subject to those conditions set forth in article
J of this chapter and such other conditions as found necessary by the council to
carry out the intent of this chapter.
7. Private nursery and/or daycare schools, provided:
a. that the principal structure shall be located at least fifty feet (50') from any
adjacent lot in an R district;
b. that the minimum lot size shall be at least one acre; and
c. that said nursery and/or daycare school is registered with the state and
meets the standards for said schools specified by the state.
8. Through train operation, but not switching, storage or any other railroad
operation.
9. Customized (assisted) living facilities for the elderly, provided that:
a. The assisted living facility is State licensed.
b. No more than seven (7) persons (not including the facility manager and
professional care attendants) shall reside on the premises.
c. The facility has no more than six (6) sleeping rooms (not including rooms
utilized by the house manager and professional care attendants).
Page 12-1 - 75
d. Two (2) of the facility occupants are legally married and share a room.
e. Facility residents shall be sixty five (65) years of age or older.
f. Applicant must provide proof that room size meets current state licensing
standards for two persons.
g. Facilities shall only be constructed or altered in a manner which is
consistent with the single family residential character of the neighborhood.
catisficd.
i. The emission of noise shall be in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minnesota Rules 7030 as
amended.
j. The property shall at all times be found in compliance with the City's
Property Maintenance Code, as well as all other applicable municipal codes,
including but not limited to, minimum parking requirements.
C. Permitted Accessory Uses: Within the R-1 one-family residential district, the
following uses shall be permitted accessory uses:
1. Accessory structures as listed in Section 12-1D-3C2.
2. Buildings temporarily located for purposes of constructing on the premises for a
period not to exceed time necessary for such constructing.
3. Decorative landscape features.
4. Domestic animals, as defined by this ordinance, keeping for noncommercial
purposes, including horses for the use of the occupants of the premises;
provided, that any accessory building used for housing such animals shall be
located not less than one hundred feet (100') from the nearest residence.
5. Fences as regulated in this chapter.
6. Gardening and other horticultural uses where no sale of products is conducted
on the premises.
7. Home occupation as regulated by this chapter.
8. Private garage, one attached, or part of the principal structure, and parking
space.
1
Page 12-1E- 76
9. Private swimming pool as regulated by provisions of this chapter and any other
city ordinances, and tennis courts.
11. Signs as regulated in this chapter.
D. Site And Structure Requirements:
1. Structure Height: No structure or building shall exceed two (2) stories or twenty
five feet (25') in height, whichever is the lesser in height, except as provided in
article D of this chapter.
2. Side Yards Abutting A Street: A side yard abutting a street shall not be less than
thirty feet (30') in width.
3. Minimum Requirements:
a. The following minimum requirements shall be observed subject to the
additional requirements, exceptions and modifications as set forth in this section
and section 12-1D-13-1 of this chapter:
Height Lot Area Lot Width Front Yard Side Yard
1 and 2 15,000
stories square
feet
100 feet 30 feet 10 feet on each
side or % of the
height of the
structure
contiguous to
the side yard,
whichever is
greater, to a
maximum of 15
feet
Rear Yard
30 feet or 20
percent of the
average lot depth,
whichever is
greater
b. Minimum requirements as specified in section 12-1E-1 of this article.
12-1E-4: R-1A ONE-FAMILY RESIDENTIAL DISTRICT:
A. Permitted Uses: Within the R-1A one-family residential district, no land or
structures shall be used except for one or more of the following uses:
Any use permitted and regulated within subsection 12-1E-3A of this article.
B. Conditional Uses: Within any R-1A one-family residential district, no structure or
land shall be used for the following uses except by conditional use permit:
Any use permitted in subsection 12-1E-3B of this article and as regulated herein.
Page 12-1E - 77
C. Permitted Accessory Uses: Within any R-1A one-family residential district, the
following uses shall be permitted accessory uses:
Any use permitted in subsection 12-1E-3C of this article and as regulated herein.
D. Site And Structure Requirements:
1. Structure Height: No structure or building shall exceed three (3) stories or thirty
five feet (35') in height, whichever is the lesser, except as provided in section 12-
1D-13-1 of this chapter.
2. Side Yards Abutting A Street: A side yard abutting a street shall not be less
than thirty feet (30') in width.
3. Minimum Requirements:
a. The following minimum requirements shall be observed subject to the
additional requirements, exceptions and modifications set forth in this section and
section 12-1D-13-1 of this chapter:
Height Lot Area Lot Width Front Yard Side Yard
3 story 30,000 125 feet 40 feet 15 feet or
maximum square the height of
feet the structure
contiguous to
the side yard,
whichever is
greater
Rear Yard
30 feet or 20
percent of the
average lot
depth,
whichever is
greater
b. Minimum requirements as specified in section 12-1E-1 of this article.
12-1E-5: R-1B ONE-FAMILY RESIDENTIAL DISTRICT:
A. Permitted Uses: Within the R-1B one-family residential district, no land or
structures shall be used except for one or more of the following uses:
Any use permitted and regulated within subsection 12-1E-3A of this article.
B. Conditional Uses: Within any R-1B one-family residential district, no structure or
land shall be used for the following uses except by conditional use permit:
Any use permitted in subsection 12-1E-3B of this article and as regulated herein.
Page 12-1E - 78
)
C. Permitted Accessory Uses: Within any R-1B one-family residential district, the
following uses shall be permitted accessory uses:
Any use permitted in subsection 12-1E-3C of this article and as regulated herein.
D. Site And Structure Requirements:
1. Structure Height: No structure or building shall exceed three (3) stories or thirty
five feet (35') in height, whichever is the lesser, except as provided in section 12-
1D-13-1 of this chapter.
2. Side Yards Abutting A Street: A side yard abutting a street shall not be less
than thirty feet (30') in width.
3. Minimum Requirements:
a. The following minimum requirements shall be observed subject to the
additional requirements, exceptions and modifications set forth in this section and
section 12-1D-13-1 of this chapter:
Height Lot Area Lot Width Front Yard Side Yard
3 story 30,000 125 feet 40 feet
maximum square
feet
15 feet or 1/2
the height of
the structure
contiguous to
the side yard,
whichever is
greater
Rear Yard
30 feet or 20
percent of the
average lot,
whichever is
greater
b. Minimum requirements as specified in section 12-1E-1 of this article.
12-1E-6: R-1C ONE-FAMILY RESIDENTIAL DISTRICT:
A. Permitted Uses: Within any R-1C one-family residential district, no land or
structures shall be used except for one or more of the following:
Any use permitted and regulated within subsection 12-1E-3A of this article.
B. Conditional Uses: Within any R-1C one-family residential district, no structure or
land shall be used for the following uses except by conditional use permit:
Any use permitted in subsection 12-1E-3B of this article and as regulated herein.
C. Permitted Accessory Uses: Within any R-1C one-family residential district, the
following uses shall be permitted accessory uses:
Page 12-1E - 79
Any use permitted in subsection 12-1E-3C of this article and as regulated herein.
D. Site And Structure Requirements:
1. Structure Height: No structure or building shall exceed two (2) stories or twenty
five feet (25') in height, whichever is the lesser, except as provided in section 12-
1D-13-1 of this chapter.
2. Side Yards Abutting A Street: A side yard abutting a street shall not be less
than thirty feet (30') in width.
3. Minimum Requirements: The following minimum requirements shall be
observed subject to the additional requirements, exceptions and modifications
set forth in this section and section 12-1D-13-1 of this chapter:
Height Lot Area Lot Width Front Yard Side Yard
1 and 2 20,000 100 feet 30 feet
story square
feet
10 feet or 1/2
the height of
the structure
contiguous to
the side yard,
whichever is
greater
12-1E-7: R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT:
Rear Yard
30 feet or 20
percent of the
average lot
depth,
whichever is
greater
A. Permitted Uses: Within the R-2 medium density residential district, no structure
or land shall be used except for one or more of the following uses. All
applications for building permits within the R-2 district, except one-family
detached dwellings, shall be submitted for city council approval prior to issuance:
1. Dwelling structures containing two (2) units to twenty four (24) units.
2. One-family detached dwellings.
3. Public and parochial schools, provided no building shall be located within fifty
feet (50') of any lot line of abutting private property in an R district and that a
fence be erected fifteen feet (15') or more from all street lot lines where the
abutting use is for open play.
4. Public park and playground.
5. State licensed residential program with a licensed capacity from seven (7)
through sixteen (16) persons, subject to issuance of a conditional use permit
setting forth conditions deemed necessary to assure proper maintenance and
Page 12-1E - 80
operation of a residential program and to protect the health and safety of the
residents of the facility.
B. Conditional Uses: Within any R-2 medium density residential district, no structure
or land shall be used for the following uses except by conditional use permit:
Any use permitted in subsection 12-1E-3B of this article and as regulated herein.
Manufactured home park.
C. Permitted Accessory Uses: Within any R-2 medium density residential district,
the following uses shall be permitted accessory uses:
Any use permitted in subsection 12-1E-3C of this article and as regulated herein.
D. Site And Structure Requirements:
1. Structure Height: No structure or building shall exceed two (2) stories or twenty
five feet (25'), whichever is the lesser in height, except as provided in section 12-
1D-13-1 of this chapter.
2. Side Yards Abutting A Street: A side yard abutting a street shall not be less than
thirty feet (30') in width.
3. Minimum Requirements: The following minimum requirements shall be observed
subject to the additional requirements, exceptions and modifications as set forth
in this section and section 12-1D-13-1 of this chapter:
Lot Dwelling Lot Area/ Area Lot Unit Lot Width Front Yard Side Yard Rear Yard
1 family 15,000 sf 15,000 sf 100 ft. 30 ft. 10 ft. 30 ft.**
2 family 20,000 sr 10,000 sf 100 ft. 30 ft.* 10 ft. 30 ft.**
3 family 30,000 sf* 10,000 sf 150 ft. 30 ft.* 15 ft. 30 ft.**
*Those lots which are not served by a public sewerage system shall have a frontage of 200 feet
and a minimum area of 30,000 square feet for a two-family dwelling.
**Or 20 percent of average lot depth, whichever is greater.
12-1E-8: R-3 HIGH DENSITY RESIDENTIAL DISTRICT:
A. Permitted Uses: Within the R-3 high density residential district, no structure or
land shall be used except for one or more of the following uses. All applications
for building permits within the R-3 district shall be submitted for city council
approval prior to issuance:
Page 12-1E - 81
1. Dwelling structures containing two (2) units to twenty four (24) units, provided no
more than one hundred fifty (150) units in a given development project or on
contiguous properties are in structures which are identical or substantially similar
architecturally.
2. Municipal buildings and structures; provided, that no such building or structure
shall be located less than fifty feet (50') from any lot line of an abutting lot in an R
district.
3. Public and parochial schools, provided no building shall be located within fifty
feet (50') of any lot line of an abutting lot in an R district and that a fence be
erected fifteen feet (15') or more from all public street rights of way where the
abutting use is for open play.
4. Public park and playgrounds.
5. Uses as permitted and regulated in this article and article D of this chapter.
B. Conditional Uses: Within the R-3 high density residential district, no structure or
land shall be used for the following uses except by conditional use permit:
1. Dwelling structures of twenty five (25) units or more.
2. Fraternity and sorority houses.
3. Private clubs and lodges which are not operated for profit.
4. Private schools, universities and colleges.
5. Private swimming pools intended for and used solely by the occupants of the
property on which they are located and their guests, provided: 1) the water
surface is located not less than fifty feet (50') from any lot line; 2) that the pump
and filter is installed not less than forty feet (40') from any lot line; and 3) that the
pool area be so fenced as to prevent uncontrolled access from the street or from
adjacent property.
6. Single-family residences.
7. Uses listed and as regulated in subsection 12-1E-3B of this article.
C. Permitted Accessory Uses: Within any R-3 high density residential district, the
following uses shall be permitted accessory uses:
1. Any use permitted in subsection 12-1E-3C of this article and as regulated therein
but subject to such further restrictions and regulations as applicable and
specified herein.
Page 12-1E - 82
D. Site And Structure Requirements:
1. Structure Height: No limit shall be placed on the height of buildings in the R-3
district.
2. Minimum Requirements:
a. The following minimum yard requirements shall be observed:
(1) Front yard of at least fifty feet (50') plus one foot (1') per each one foot
(1') of building height over sixty feet (60').
(2) Side and rear yards of at least forty feet (40') plus one-half foot (1/2')
per one foot (1') of building height over seventy five feet (75').
b. No principal building housing more than two (2) dwelling units shall be less
than sixty feet (60') from any other such building.
c. Minimum lot width shall be one hundred fifty feet (150').
d. No lot shall be developed separately if its area is less than twenty thousand
(20,000) square feet. Lots not served by a public sewerage system shall have a
minimum lot area of thirty thousand (30,000) square feet or ten thousand
(10,000) square feet of lot area per dwelling unit, whichever is greater.
e. The following per unit minimum floor area requirements shall be observed:
Efficiency units
1 bedroom units
2 bedroom units
3 bedroom units
Not permitted
750 square feet
800 square feet
1,000 square feet
f. The following minimum lot area per dwelling unit requirements shall be
observed:
1 Bedroom
2 Bedroom 3 Bedroom
1 story 6,310 sq. ft. 7,500 sq. ft. 8,290 sq. ft.
2 story 5,500 sq. ft. 6,530 sq. ft. 7,210 sq. ft.
3 story or more 5,100 sq. ft. 6,050 sq. ft. 6,680 sq. ft.
Page 12-1E - 83
g. The total minimum lot area requirements herein may be decreased by
three hundred (300) square feet for each parking space that is provided under a
multiple-family building.
E. Off Street Parking Requirements: In addition to the applicable provisions of
article J of this chapter, the following minimum parking space and parking lot
requirements shall apply in the R-3 district:
1. Number And Design Of Parking Spaces: A minimum of two and one-half (2 1/2)
parking spaces shall be provided for each dwelling unit, one of which shall be
enclosed. Parking spaces shall comply with all parking regulations for size,
location, and other standards.
2. Setbacks: Parking lots or other unenclosed parking spaces shall be at least forty
feet (40') from any public street. Parking areas shall be at least ten feet (10') from
any principal use building unless the parking area is enclosed as an integral part
of such building.
3. Driveways And Aisles:
a. The minimum width of any driveway shall be twenty four feet (24').
b. The minimum distance between curbs of driveways at the right of way line
shall be twenty feet (20'). Any aisle providing access to parallel rows of spaces
shall have a minimum width of twenty four feet (24').
c. No driveways shall be less than fifty feet (50') from any street intersection.
d. Minimum driveway angle from a two-way access street shall be sixty
degrees (60 degrees); from a one-way street, it shall be not less than thirty
degrees (30 degrees).
4. Construction Materials: All parking areas and driveways shall be surfaced and
curbed with either cement, bituminous surfacing or comparable material to
provide a hard, all weather surface and to delineate the edges of all parking
areas and driveways. Bumper stops of similar material shall be provided for each
parking space.
5. Screening: Parking areas which serve buildings housing three (3) or more
dwelling units which are contiguous to or across a street from single- or two-
family units shall be screened with a four foot (4') wall of masonry or wood. Such
wall shall be at least eighty five percent (85%) opaque.
F. Architectural Controls: Any buildings which will contain dwelling units for two (2)
or more families in the R-3 district shall be constructed only in conformance to
building and site plans certified by a registered architect. The site plan may be
Page 12-1E - 84
prepared by a professional site planner but a registered architect must certify that
he has personally reviewed the site and designed the proposed buildings in
accordance with the site plan, the terrain and neighboring conditions. No building
permit will be issued when these conditions are applicable until appropriate
certificates and plans shall be submitted to indicate the following:
1. Complete details of the proposed site development, including location of
buildings, driveways, parking spaces, dimensions of the lot, lot area and yard
dimensions.
2. Complete landscaping plans including species and size of trees and shrubs
proposed. A bond in an amount not to exceed one and one-half (1 1/2) times the
cost of landscaping and screening shall be required to guarantee the placement
thereof as set forth in said plans.
3. Complete plans for proposed sidewalks to service parking, recreation and
service area within the proposed development.
4. Complete plans for storm water drainage system sufficient to drain and dispose
of all surface water accumulations within the area.
5. Complete structural, electrical and mechanical plans for the proposed buildings.
6. Complete plans and specifications for exterior wall finishes proposed for all
principal and accessory structures.
G. Structural, Electrical And Mechanical Requirements: In addition to other
applicable controls and regulations specified in this chapter and the building code
of the city, all principal use buildings in the R-3 district shall conform to the
following requirements:
1. All mechanical and electrical systems shall be designed and certified by a
registered engineer.
2. Plans for any multiple-family dwelling of more than two (2) floors shall have a
structural system designed and certified by a registered structural engineer.
3. Multiple-family buildings with dwelling units on more than three (3) floors shall be
of type I or type II construction as defined in the latest edition of the Minnesota
state building code.
4. All multiple dwellings shall be designed and constructed with windows that are
easily opened from the inside for emergency exit.
5. In new construction, no air conditioning unit shall protrude from any exterior wall
unless it is designed to appear as an integral part of such wall.
Page 12-1E - 85
6. All living space shall be above the average grade of the structure.
7. A minimum of fifty (50) square feet of storage space shall be provided for each
dwelling unit within any multiple-family building, exclusive of storage space
normally provided within each dwelling unit. There shall be no exterior storage of
debris or garbage and no open air laundry drying shall be permitted.
8. Storage of flammable materials shall not be allowed in any structure containing
living quarters unless stored in a fireproof room or container.
9. In all buildings housing two (2) or more dwelling units, the following requirements
relating to acoustical controls shall apply:
a. All doors providing access to individual dwelling units shall be not less than
one and three-quarters inch (1 3/4") solid core and equipped with gaskets or
closing plates.
b. All plumbing serving each unit shall be separated from other units by a
room, closet, corridor or sound barrier and shall be so constructed so as to have
a loss in sound transmission of not less than fifty (50) decibels.
c. Party wall partitions and floor systems shall be of a type sufficient to
accomplish a loss in sound transmission of not less than fifty (50) decibels
determined by averaging the loss of frequencies of 125, 250, 350, 500, 700,
1000, 2000, and 4000 cycles. Corridor partitions shall be capable of
accomplishing a loss in sound transmission of not less than forty five (45)
decibels similarly determined.
10. All multiple-dwelling buildings shall be designed and constructed to have the
equivalent of a front on each exterior surface. All accessory or ancillary buildings
including garages shall be designed and constructed with facing materials of the
same quality as those used in the principal use building.
Page 12-1E - 86
SECTION:
12-1F-1:
12-1F-2:
12-1F-3:
12-1F-4:
12-1F-5:
CHAPTER 1
ZONING REGULATIONS
ARTICLE F. B BUSINESS DISTRICTS
B-1 Limited Business District
B-1A Business Park District
B-2 Neighborhood Business District
B-3 General Business District
B-4 Shopping Center District
12-1F-1: B-1 LIMITED BUSINESS DISTRICT:
A. Permitted Uses: Within any B-1 limited business district, no structure or land shall
be used except for one or more of the following uses, or uses deemed by the city
council in its discretion as substantially similar to uses listed herein:
1. Banking and banking institutions.
2. Daycare centers.
3. Hospitals and clinics for human care; provided, that all buildings be located not
less than one hundred feet (100') from the lot line of any lot in an R district.
4. Municipal buildings, where the use conducted is customarily considered to be an
office use.
5. Offices of general nature where the operations do not include retail sales or
warehousing from the site.
6. Offices of persons in the professions.
7. Ticket offices and travel bureaus.
B. Conditional Uses: Within any B-1 limited business district, no structure or land
shall be used for the following uses except by conditional use permit:
1. Accessory structures other than private garages.
2. Art studio, interior decorating studio, photographic studio, music studio, provided
no retail sales are made of products not manufactured on the site.
Page 124 F - 87
3. Banks and banking institutions with drive-in facilities subject to conditions in
section 12-1J-3, "Drive-In And Fast Food Restaurants", of this chapter.
4. Cat clinic:
a. As used hereunder, the term "cat clinic" shall be deemed to mean a facility
for the diagnosis, treatment and medical care of domestic cats only, in which all
professional services are conducted within an enclosed building and which
includes the temporary boarding of such animals while they are under treatment.
b. Any conditional use permit for a cat clinic shall be subject to the following
conditions:
(1) Noise: No noise from the operation of the facility shall be discernible
beyond the boundaries of the lot on which the use is conducted.
(2) Odors: Odor control shall consist of a ventilation system designed so
that no odors or organisms will spread between wards or to the outside
air. An air conditioning system may be required, with windows double
glazed with fixed sash.
(3) Dead Animal Storage And Disposal: An approved system shall be
provided for the storage and disposal of dead animals in accordance with
professional standards.
(4) Screening And Landscaping: When abutting a residential district, an
approved screening and landscaping plan shall be filed and developed
along the property boundary lines that abut the R district.
(5) Hours Of Operation: Hours during which the facility will be open to the
public for the receiving and pick up of animals shall be approved by the
city council to ensure compatibility with surrounding land uses.
(6) Off Street Parking: Off street parking facilities shall be provided, of at
least the ratio required for professional offices under subsection 12-1J-1F
of this chapter, entry reading: "Office building and professional office
having 6,000 square feet or more...", of one space for each two hundred
(200) square feet of floor area in the building.
5. Essential service structures, including, but not limited to, buildings such as
telephone exchange stations, booster or pressure stations, elevated tanks, lift
stations and electric power substations.
6. Funeral homes and mortuaries.
Page 12-1F - 88
7. Historical buildings, museums, art institutes, galleries and playhouses.
8. Nursing homes, rest homes or retirement homes, provided the site shall contain
not less than six hundred (600) square feet of lot area for each person to be
accommodated and that no building be located less than thirty feet (30') from the
side lot line.
9. Off street parking when the principal site of the off street parking abuts on a lot
which is in another B or I district, and is in the same ownership as the land in the
B or I district and subject to those conditions as set forth in article J of this
chapter and such other conditions as found necessary by the council to carry out
the intent of this chapter.
10. Private academies, colleges and universities for teaching.
11. Private clubs and lodges not operated for a profit.
12. Radio and television studios.
13. Radio and television towers.
14. Residential programs for treatment of chemically dependent adults. In reviewing
a conditional use permit for such a facility the city council shall consider the
following:
a. The program shall at all times hold and be entitled to a valid license from
the Minnesota department of human services;
b. No more than ten (10) adults shall reside at the facility;
c. All residents shall be of the same gender;
d. Twenty four (24) hour supervision shall be provided for all residents;
e. No person whose residency is imposed by court order shall be allowed to
reside at the facility;
f. No resident's stay shall exceed thirty (30) days within one year commencing
with the resident's first day of admission, and no more than three (3) such
admissions shall be permitted during said year;
g. Adequate water, sanitary sewer, and parking shall be as necessary for the
facility; and
h. Any additional conditions the city council shall determine to be necessary
to assess the specific impact of a proposed facility.
Page 12-1F - 89
i. Those admitted shall have the primary diagnosis of chemical dependency.
j. Residential treatment facilities shall be housed in buildings that serve no
other purpose.
Violation: Failure to comply with any condition imposed in granting the conditional use
permit shall be a default provision for which the city council may, upon proper notice
and hearing, terminate the conditional use permit.
C. Permitted Accessory Uses: Within any B-1 limited business district, the following
uses shall be permitted accessory uses:
1. Buildings temporarily located for the purposes of construction on the premises
for a period not to exceed time necessary to complete said construction.
2. Decorative landscape features.
3. Fences as regulated by this chapter.
4. Incidental repair or processing necessary to conduct a permitted principal use.
5. Private garages, off street parking and loading spaces as regulated in this
chapter.
6. Signs as regulated by this chapter.
D. Site And Structure Requirements:
1. Structure Height: No structure or building shall exceed three (3) stories or thirty
five feet (35') in height, whichever is less, except as provided in section 12-1D-
13-1 of this chapter.
2. Floor Area Ratio: The floor area ratio within the B-1 district shall not exceed 0.5.
3. Side Yards Abutting A Street: A side yard abutting on a street shall not be less
than thirty feet (30') in width.
4. Minimum Requirements: The following minimum requirements shall be observed
subject to additional requirements, exceptions and modifications as set forth in
this section and section 12-1D-13-1 of this chapter:
Page 12-1F - 90
Height
1, 2 and 3
story
Lot Width Lot Area Front Yard
100 feet 20,000 30 feet
square
Side Yard
20 feet or 1-1/2
times the height
of the building,
whichever is
greater
Rear Yard
30 feet or 1-1/2
times the height
of the building,
whichever is
greater
5. General Requirements: General requirements as specified in section 12-1D-13-2
of this chapter.
6. Landscaping And Screening: Landscaping and screening requirements as
specified in section 12-1D-13-2 of this chapter.
12-1F-2: B-1A BUSINESS PARK DISTRICT:
A. Permitted Uses: Within any B-1A business park district, no structure or land shall
be used except for one or more of the following uses, or uses deemed by the city
council in its discretion as substantially similar to uses listed herein:
1. Colleges and schools, public and private.
2. Daycare centers.
3. Medical and dental services.
4. Offices, business and professional.
5. Publishing houses.
6. Research centers and laboratories.
B. Conditional Uses: Within any B-1A business park district, no structure or land
shall be used for the following uses except by conditional use permit:
1. Accessory structures other than private garages.
2. Essential service structures.
3. Hospitals and sanitariums.
4. Processing and limited fabrication of a product in conjunction with any permitted
use wherein such products are wholly processed within a building and such use
is deemed appropriate and consistent with the character of the district and
environs. Where such uses consist of more than one principal building, plans for
Page 12-IF - 91
such development shall be submitted as a planned unit development project as
regulated under article K of this chapter.
C. Permitted Accessory Uses: Within any B-1A business park district, the following
uses shall be permitted accessory uses:
1. Buildings temporarily located for the purposes of construction on the premises
for a period not to exceed time necessary to complete said construction.
2. Decorative landscape features.
3. Fences as regulated by this chapter.
4. Incidental repair or processing necessary to conduct a permitted principal use.
5. Private garages, off street parking and loading spaces as regulated in this
chapter.
6. Signs as regulated by this chapter.
D. Site And Structure Requirements:
1. Structure Height: No structure or building shall exceed four (4) stories or forty
five feet (45') in height, whichever is less, except as provided in section 12-1D-
13-1 of this chapter.
2. Front Yards On Corner Lots: On a corner lot, both sides shall be considered as a
front yard.
3. Floor Area Ratio: The floor area ratio shall not exceed 0.5.
4. Side Yards And R Districts: A side yard abutting an R district or across the street
from an R district shall not be less than one hundred feet (100') in width.
5. Minimum Lot Requirements: The following minimum requirements shall be
observed or exceeded subject to additional requirements, exceptions, and
modifications as set forth in this section and section 12-1D-13-1 of this chapter:
Lot Width Lot Area Front Yard Side Yard Rear Yard
300 feet 3 acres 100 feet 50 feet 60 feet
6. General Requirements: General requirements as specified in section 12-1D-13-2
of this chapter.
7. Landscaping And Screening: Landscaping and screening requirements as
specified in section 12-1D-13-2 of this chapter.
Page 12-1F - 92
12-1F-3: B-2 NEIGHBORHOOD BUSINESS DISTRICT:
A. Permitted Uses: Within any B-2 neighborhood business district, no structure or
land shall be used except for one or more of the following uses, or uses deemed
by the city council in its discretion as substantially similar to uses listed herein:
1. Antique or gift shop.
2. Appliance store.
3. Art and school supply store.
4. Auto accessory store.
5. Bakery good sales and baking of goods for retail sales on premises.
6. Banks and banking institutions without drive in facilities.
7. Barbershop.
8. Beauty shop.
9. Bicycle sales and repair.
10. Book, office supply and stationery store.
11. Camera and photographic supply store.
12. Candy, ice cream, popcorn, nuts, frozen dessert and soft drink shop, but not of
the drive in type.
13. Clothing store.
14. Computer sales and service store.
15. Daycare center.
16. Delicatessen and/or dairy store.
17. Drugstore.
18. Dry cleaning and laundry pick up stations including incidental pressing and
repair.
Page 12-1 F - 93
19. Gift and/or greeting card store.
20. Grocery or convenience store.
21. Hardware store.
22. Hobby store including handicraft classes not to exceed ten (10) students.
23. Jewelry sales and repair store.
24. Laundromat of the self-service type.
25. Library.
26. Massage Therapy Business, subject to licensing requirements of the City Code.
27. Newsstand.
28. Offices.
29. Paint, wallpaper sales.
30. Photographic studio.
31. Pipe and tobacco shop.
32. Record shop.
gRestaurant, cafe, tearoom, traditional, with no drive in or fast food facility.
34. Shoe sales and repair.
35. Small appliance repair shop.
36. Sporting goods store, excluding the sale of firearms of any variety or
ammunition.
37. Variety store.
38. Videotape rental store.
B. Conditional Uses: Within any B-2 neighborhood business district, no structure or
land shall be used for the following uses except by conditional use permit:
1. Accessory structures other than private garages.
2. Animal hospital (veterinary clinic).
Page 12-1F - 94
a. As used hereunder, the term "animal hospital or veterinary clinic" shall be
deemed to mean a facility for the diagnosis, treatment and medical care of small
animals, in which all professional services are conducted within an enclosed
building and which includes the kenneling of such animals.
b. Any conditional use permit for an animal hospital (veterinary clinic) shall be
subject to the following conditions:
(1) Noise: No noise from the operation of the facility shall be discernible
beyond the boundaries of the lot on which the use is conducted. To achieve
noise control, the facility shall be of masonry construction with outside walls at
least eight inches (8") thick, and with a precast concrete roof.
(2) Odors: Odor control shall consist of a ventilation system designed so that
no odors or organisms will spread between wards or to the outside air. An air
conditioning system may be required, with windows double glazed with fixed
sash.
(3) Dead Animal Storage And Disposal: An approved system shall be
provided for the storage and disposal of dead animals off the premises.
(4) Large Dog Facilities: Large dog facilities for indoor exercise of such
animals shall be provided. No outside pens shall be permitted.
(5) Screening And Landscaping: When abutting a residential district, an
approved screening and landscaping plan shall be filed and developed along
the property boundary lines that abut the R district.
(6) Hours Of Operation: Hours during which the facility will be open to the
public for the receiving and pickup of animals shall be approved by the city
council to ensure compatibility with surrounding land uses.
(7) Off Street Parking: Off street parking facilities shall be provided, of at
least the ratio required for professional offices under section 12-1J-1F of this
chapter, entry reading "Office building and professional office having 6,000
square feet or more...", of one
(8) Live In Facility: An animal hospital may include a live in facility to permit a
staff member to be on the premises twenty four (24) hours per day. Such
facility shall be limited to six hundred twenty (620) square feet of floor space
and shall not be designed to serve as a single-family residence as
hereinbefore defined in this chapter.
3. Automatic teller machines (ATMs), banks and banking institutions with drive in
facilities.
Page 12-1F - 95
4. Essential service structures.
5. Motor fuel stations and motor fuel station convenience stores, subject to the
provisions of section 12-1J-2 of this chapter.
6. Private lodges and clubs.
7. Sale and servicing of heating equipment, air conditioning equipment and
electrical appliances; provided, that there shall not be more than six (6) persons
employed upon said premises in the repair or servicing of said equipment or
appliances.
8. Theaters, but not of the drive in type.
C. Permitted Accessory Uses: Within any B-2 neighborhood business district, the
following uses shall be permitted accessory uses:
1. Buildings temporarily located for the purposes of construction on the premises for
a period not to exceed time necessary to complete said construction.
2. Decorative landscape features.
3. Fences as regulated by this chapter.
4. Incidental repair or processing necessary to conduct a permitted principal use.
5. Incidental repair, •processing or storage necessary to conduct a permitted
principal use shall not occupy more than twenty percent (20%) of the gross floor
area of the principal building.
6. Private garages, off street parking and loading spaces as regulated in this
chapter.
7. Signs as regulated by this chapter.
D. Site And Structure Requirements:
1. Structure Height: No structure or building shall exceed three (3) stories or
thirty feet (30'), whichever is less, in height, except as provided in section 12-1D-
13-1 of this chapter.
2. Floor Area Ratio: The floor area ratio within the B-2 district shall not exceed 0.5.
Page 12-1F - 96
3. Minimum Requirements: The following minimum requirements shall be observed
subject to additional requirements, exceptions, and modifications as set forth in
this section and section 12-1D-13-1 of this chapter:
Height Lot Width Lot Area Front Yard
1, 2 and 100 feet 20,000 30 feet
3 story square feet
Side Yard
15 feet or
equal to
height of
structure,
whichever is
greater
Rear Yard
30 feet or
equal to
height of
structure,
whichever is
greater
4. General Requirements: General requirements as specified in section 12-1D-13-2
of this chapter.
5. Landscaping And Screening: Landscaping and screening requirements as
specified in section 12-1D-13-2 of this chapter.
12-1F-4: B-3 GENERAL BUSINESS DISTRICT:
A. Permitted Uses: Within any B-3 general business district, no structure or land
shall be used except for one or more of the following uses, or uses deemed by
the city council in its discretion as substantially similar to uses listed herein:
1. B-1 limited business and B-2 neighborhood business district uses as permitted in
subsections 12-1F-1A and 12-1F-3A, respectively, of this article, without
limitation as to scale.
2. Auto repair (minor), when conducted entirely within a building.
3. Automobile and other vehicles of transportation sales when conducted entirely
within a building.
4. Boats and marine sales when conducted entirely within a building.
5. Diaper or hand laundry service, provided not more than ten (10) persons are
employed.
6. Furniture sales.
7. Garden supply store, provided it is conducted entirely within an enclosed
structure.
Page 12--IF - 97
8. Greenhouse, commercial, provided all outside storage is fenced in such a
manner so as to screen the stored material from view when observed from the
public street.
8. Interior decorating studio.
9. Locksmith.
10. Medical and dental clinics.
11. Motels, motor hotels and hotels, provided the site shall contain not less than six
hundred (600) square feet of lot area per living or rental unit.
12. Newspaper and publishing office.
13. Office buildings.
14. Optical and jewelry manufacturing, provided the operation is not located within
the front sixty feet (60') of the first floor.
16. Pet shop, provided the operation shall not include the boarding of pets on the
site, the maintaining of pens or cages outside of the building, and the business is
operated so as to not cause offensive odor or noise.
17. Photographic supplies and processing of film and prints.
18. Fitness and health club.
19. Picture framing.
20. Printing shop.
21. Radio and television repair.
22. Rugs and floor coverings sales.
23. Seat cover, upholstery or drapery shop.
24. Wholesale office and showroom.
B. Conditional Uses: Within any B-3 general business district, no structure or land
shall be used for the following uses except by conditional use permit:
1. B-1 limited business and B-2 general business district conditional uses.
2. Accessory structures, other than private garages.
Page 12-1F - 98
3. Armories, convention halls, sports arenas and stadiums.
4. Bowling alleys, billiard and pool rooms, skating rinks, liquor stores, fraternal
organizations and similar uses, provided the structure in which the use is
conducted shall not be located within one hundred feet (100') of any R district.
5. Bus terminals.
6. Business or trade school when conducted entirely within a building.
7. Electrical service, heating, plumbing, appliances, upholstery or air conditioning
service shop, provided they do not employ more than six (6) persons in repair or
processing.
8. Motor fuel stations and motor fuel station convenience stores, subject to the
provisions of section 12-1J-2 of this chapter.
9. Stone and monument sales.
10. Television and radio stations and transmitting towers.
C. Permitted Accessory Uses: Within any B-3 general business district, the following
uses shall be permitted accessory uses:
1. Buildings temporarily located for the purposes of construction on the premises for
a period not to exceed time necessary to complete said construction.
2. Decorative landscape features.
3. Fences as regulated by this chapter.
4. Incidental repair or processing necessary to conduct a permitted principal use.
5. Any incidental repair or processing necessary to conduct a permitted principal
use shall not occupy more than twenty percent (20%) of the floor space of the
principal building.
6. Private garages, off street parking and loading spaces as regulated in this
chapter.
7. Signs as regulated by this chapter.
D. Site And Structure Requirements:
Page 12-1F - 99
1. Structure
feet (30'),
chapter.
2. Lot Area:
feet.
Height: No structure or building shall exceed two (2) stories or thirty
whichever is less, except as provided in section 12-1D-13-1 of this
The minimum lot area shall be twenty five thousand (25,000) square
3. Floor Area Ratio: The floor area ratio shall not exceed 0.5.
4. Minimum Requirements: The following minimum requirements shall be observed
subject to additional requirements, exceptions, and definitions as set forth in this
section and section 12-1D-13-1 of this chapter:
Front yard
Abutting a major thoroughfare
Lot width
Side yard
Adjacent to a street
Adjacent to an R district
Interior
Rear yard
Adjacent to an R district
30 feet
100 feet
150 feet
30 feet
75 feet
30 feet
30 feet
75 feet
5. General Requirements: General requirements as specified in section 12-1D-13-
2 of this chapter.
6. Landscaping And Screening:
a. Landscaping and screening requirements as specified in section 12-1D-13-
2 of this chapter.
b. Wherever a B-3 general business district abuts or is across the street from
an R district, a fence or compact evergreen screen not less than fifty percent
(50%) opaque nor less than six feet (6') in height, except adjacent to a street
where it shall be not less than three (3) nor more than four feet (4') in height,
shall be erected and maintained in the front portion of the lot or along the side or
rear property line that abuts the R district.
12-1F-5: B-4 SHOPPING CENTER DISTRICT:
A. Purpose: The purpose of the B-4 district is to establish provisions for the
designation of a district where a multiple-building retail sales and service facility
can be erected with integrated design and a coordinated physical plan, which is
Page 12-1F- 100
appropriately located. Such district shall be developed as a planned unit
development according to an approved plan as provided below.
B. Submission Of Plan; Recommendations: The owner or owners of any tract of
land in the B-4 district comprising an area of not less than ten (10) acres of land
and five hundred feet (500') of frontage may submit to the administrator a plan for
the use and development of all or part of such tract for the purpose of and
meeting the requirements set forth in this section. The proposed plan shall be
referred to the planning commission for study and report. The planning
commission shall transmit to the council their findings and recommendations for
consideration and action.
C. Single Ownership Or Management Required: In order that the purpose of this
district may be realized, the land and buildings and appurtenant facilities shall be
in single ownership or under the management or supervision of a central
authority.
D. Design Requirements:
1 Buildings:
a. The physical design may include more than one building. However, should
such buildings provide an open space between two (2) buildings, said space
shall not be less than one-half (1/2) the sum of the heights of the two (2)
buildings.
b. No building shall be nearer than sixty feet (60') to any lot except when
abutting or across the street from an R district, where no building shall be less
than one hundred feet (100') from such lot lines.
c. No building shall exceed three (3) stories or thirty five feet (35'), whichever
is less.
d. All buildings shall be finished on all exterior walls with the same material.
e. The floor area ratio shall not exceed 1.0.
f. Lot coverage of buildings shall not exceed twenty five percent (25%) of the
lot area.
2. Internal Drives: The design shall include adequate internal circulation drives not
less than twenty two feet (22') in width which are exclusive of the required
parking area.
3. Driveways And Curb Cuts: The driveway curb cuts to the development shall be
approved by the city engineer.
Page 12-1F - 101
4. Off Street Parking And Loading; Signs: Parking off street, loading and sign
requirements shall be in conformance with this chapter.
5. Dust Control: The entire area shall be landscaped or occupied by buildings or
structures or parking areas so treated as to control dust. Should the development
be undertaken in stages, all of the area included in the various stages
constructed or to be constructed at that time shall be developed in accordance
with the planned unit development provisions of this chapter.
6. Drainage Plan: A drainage plan shall be designed and approved for the entire
area with such on site underground construction as determined by the city.
7. Outside Sales And Storage: There shall be no outside sales and storage.
E. Permitted Uses: Within the B-4 shopping center district, no structure or land shall
be used except for one or more of the following uses:
1. B-2 neighborhood business district uses, as permitted in subsection 12-1F-3A of
this article, but not limited in scale to serving residents of the surrounding area
although otherwise regulated as specified except as hereinafter modified.
2. Bank.
3. Department store.
4. Variety store.
5. Florist store.
6. Furniture store.
7. Library.
8. Music store.
9. Photographic supplies and processing.
10. Physical culture, health club, or dance studio.
11. Post office.
12. Theaters, not including the drive in type.
F. Conditional Uses: Within any B-4 shopping center district, no structure or land
shall be used for the following uses except by conditional use permit:
Page 12-1F - 102
(
1. Accessory structures.
2. Advertising signs as regulated in section 12-1J-5 of this chapter.
3. Car wash, single bay, attached to a motor fuel station.
4. Drive in and fast food restaurants subject to the provisions of section 12-1J-3 of
this chapter.
5. Essential service structures.
6. Liquor store as regulated by other city ordinances.
7. Motel and motor hotels.
8. Motor fuel stations subject to the requirements of section 12-1J-2 of this chapter.
9. Newspaper and/or magazine stand.
10. Temporary garden centers on a seasonal basis subject to annual renewal.
11. Conditional use permit (CUP) shall specify the exact site location, dates of
operation, hours of operation, access, parking, signs, fencing, trash removal,
drainage and other pertinent items to ensure that the site is compatible with
surrounding uses.
12. Vending devices, automatic, not enclosed in a structure.
G. Permitted Accessory Uses: Within any B-4 shopping center district, the following
uses shall be permitted accessory uses:
1. Buildings temporarily located for the purposes of construction on the premises for
a period not to exceed time necessary to complete said construction.
2. Decorative landscape features.
3. Fences as regulated by this chapter.
4. Incidental repair or processing necessary to conduct a permitted principal use.
5. Any incidental repair or processing necessary to conduct a permitted use shall
not exceed more than twenty percent (20%) of the floor space of the principal
building.
Page 12-1F - 103
6. Private garages, off street parking and loading spaces as regulated in this
chapter.
7. Signs as regulated by this chapter.
H. Site And Structure Requirements:
1. Front Yards On Corner Lots: In the case of a corner lot, each side abutting a
public street shall be treated as a front yard.
2. Minimum Requirements: Minimum requirements shall be observed subject to
additional exceptions and definitions as set forth in this section and section 12-
1D-13-1 of this chapter:
ilinimum lot area
ot width
'ront yard
Abutting an R district
;ide yard
Abutting an R district
ear yard
Abutting an R district
laximum height
0 acres
00 feet
00 feet
50 feet
0 feet
00 feet
0 feet
00 feet
stories or 35 feet,
Vhichever is less
3. General Requirements: General requirements as specified in section 12-1D-13-2
of this chapter.
4. Landscaping And Screening: Landscaping and screening requirements as
specified in section 12-1D-13-2 of this chapter.
Page 12-1F - 104
SECTION:
12-1G-1:
12-1G-2:
12-1G-3:
12-1G-4:
12-1G-5:
12-1G-6:
12-1G-7:
12-1G-8:
CHAPTER 1
ZONING REGULATIONS
ARTICLE G. I INDUSTRIAL DISTRICT
Permitted Uses
Conditional Uses
Permitted Accessory Uses
Building Permit Requirements
Off Street Parking
Landscaping and Screening
Site and Structure Requirements
Performance Standards
12-1G-1: PERMITTED USES:
A. Within any I industrial district, no structure or land shall be used except for the
conducting of a process, fabrication, storage, manufacturing or wholesaling of
one or more of the following uses:
1. Aeronautic and automotive testing equipment;
2. Apparel;
3. Artificial limbs;
4. Automobile painting, upholstering, tire recapping and major repair when
conducted within a completely enclosed building;
5. Bakery goods;
6. Batteries;
7. Boats;
8. Bus terminals and maintenance garage;
9. Cabinet shops;
10. Camera and photographic supplies;
Page 12-1G - 105
11. Canvas products;
12. Ceramic products using kilns fired only by electricity or gas;
13. Cigarettes and tobacco products;
14. Clocks, watches and jewelry;
15. Cork and cork products;
16. Drug, cosmetics, pharmaceuticals and toiletries;
17. Electric motors, generators, transformers and other electric components;
18. Electronic products;
19. Engraving and printing;
20. Furniture;
21. Heating, washing, cooling, drying, cleaning appliances;
22. Ice, cold storage plants, bottling works;
23. Laundries;
24. Machine shops;
25. Metal polishing and plating;
26. Monument works;
27. Musical instruments;
28. Office equipment;
29. Paint manufacturing;
30. Paper products from previously processed paper;
31. Research laboratories;
32. Rubber and synthetic rubber products;
33. Shoes, boots, footwear;
Page 12-1G - 106
34. Sporting equipment;
35. Television, radio,
36. Appliances
37. Sheet metal work, ornamental iron, welding, and stamping;
38. Tools, hardware and small metal products;
39. Video equipment
B. The following nonmanufacturing uses:
1. Business and professional offices.
2. Railroad spurs and sidings.
3. Scientific research, investigation, testing and experimentation.
4. Trade schools and colleges or universities, without accessory housing.
5. Warehousing.
6. Water softening units.
12-1G-2: CONDITIONAL USES: Within the I industrial district, no structure or land shall
be used for the following uses except by conditional use permit:
1. Uses which are permitted in subsection 12-1F-4A of this chapter, entry reading
"Automobile and other vehicles...".
2. Uses which are permitted under section 12-11-8 of this chapter which involve the
storage or use of materials which decompose by detonation.
3. Accessory structures.
4. Airports, truck and freight terminals, team tracks and open sales lots.
5. Athletics, participative.
6. Essential service structures.
7. Massage therapy services to the general public for purposes of a teaching
program accredited by the National Certification Board for Therapeutic Massage
Page 12-1G - 107
and Bodywork and the Accrediting Commission of Career Schools and Colleges
of Technology as an accessory use to trade schools, colleges, and universities in
which no fee is charged for the services.
8. Motel and hotel.
9. Motor fuel stations subject to the requirements of section 12-1J-2 of this chapter.
10. Radio, television or transmission towers.
11. Ready mix concrete and concrete products plants.
12. Restaurants (full service dining, not drive-in or convenience/fast food type).
13. Retail Sales and Service Complexes, provided that:
a. Site Requirements: The retail sales and service complex must be located
adjacent to an interstate highway and within three hundred feet (300') of an
interchange entrance or exit ramp with such highway. The site may be comprised
of more than one lot but the lot area for any retail site shall be limited to one acre
or less.
b. Mix Of Uses: A retail sales and service complex may include any service
uses which are listed as permitted or conditional in the 1 district as well as retail
uses listed as permitted or conditional uses in the B-2 zoning district. Any retail
building must contain a minimum of two (2) tenants. As part of the conditional
use permit application, applicants may propose to include a drive-in or fast food
restaurant as defined in section 12-1J-3 of this chapter, provided that no single
restaurant exceeds two thousand five hundred (2,500) square feet in size.
c. Parking: Sufficient access and parking shall be provided. If the retail sales
and service complex includes more than one lot, cross parking and cross access
may be permitted and the required number of parking spaces may be reduced.
The size of the parking stalls may be reduced to nine feet (9') in width and
eighteen feet (18') in length. Parking areas may be set back ten feet (10') from a
front property line or side property line abutting a street.
d. Building Requirements: Notwithstanding the height requirements of the I
district, any hotel or motels in the retail sales and service complex may be a
maximum of four (4) stories or fifty feet (50') in height. Notwithstanding the floor
area ratio requirements of the I district, the floor area ratio of the retail sales and
service complex may be a maximum of sixty percent (60%).
e. Flexibility In Site Setbacks: Building setbacks may be reduced to thirty five
feet (35') from a front property line or side property line. Building setbacks may
Page 12-1G - 108
be reduced to forty feet (40') from a rear property line. Setback to interior side
property lines (not abutting a street) may be reduced to zero.
f. Architectural Controls: Applicants for a conditional use permit must
provide samples of exterior finishes which shall be approved as part of the
conditional use permit process.
g. Landscaping: At least twenty five percent (25%) of the land area shall be
landscaped with grass, approved ground cover, shrubbery and trees. All lots
within the proposed retail sales and service complex development may be
calculated together to meet the twenty five percent (25%) requirement.
h. Signage: Approved signage shall be based on the overall size of the retail
sales and service complex but flexibility may be granted to allow more than one
sign on a particular lot that is part of the retail sales and service complex.
Freestanding or pylon signs may be located at least ten feet (10') from a front
property line or side yard abutting a public street and interior side property lines.
Pylon signage may be permitted provided that signage included in any retail
sales and service complex located along 1-494 shall be no higher than nine
hundred fifteen feet (915') above mean sea level.
i. Remaining Standards: All other standards of the 1 industrial district and
other applicable zoning standards shall apply.
14. Trade schools, colleges, and universities with accessory housing for the
students of the school only Trade schools, colleges, and universities with
accessory housing for the students of the school only.
15. Accessory, enclosed retail sales, provided that:
a. Accessory Use: The retail sales portion of the business shall be an
accessory use to the existing permitted or conditionally-permitted use in the 1-
Industrial District.
b. Site Requirements: The retail sales portion of the business shall be
conducted within the same building as the principal use.
c. Building Requirements: The retail sales portion of the business shall not
constitute more than five percent (5%) of the gross floor area of the principal use.
d. Building Design: The building design shall be in compliance with Section
12-1D-13-2C.
e. Parking: Adequate off-street parking and off-street loading shall be
provided and shall be in compliance with the provisions of Section 12-1G-5 and
12-1J-1 of this ordinance.
Page 12-1G - 109
f. Signage: All signage shall be in compliance with the provisions of Section
12-1J-5. Separate wall signage may be considered at the retail entrance, but no
separate freestanding signage shall be considered.
g. Landscaping: All landscaping shall be in compliance with Section 12-1D-
13-2D, 12-1G-6, and 12-11-9.
h. Screening: All screening shall be in compliance with Section 12-1D-13-
2.E, 12-1G-6, and 12-11-9.
i. Hours of Operation: The hours of operation of the retail sales portion of
the business shall be limited from 8 AM to 7 PM on weekdays and 8 AM to 5 PM
on Saturdays and Sundays.
12-1G-3: PERMITTED ACCESSORY USES: Within the I district, the following uses
shall be permitted accessory uses:
1. Fences as regulated by this chapter.
2. Guesthouses owned and operated in conjunction with a permitted or principal
use.
3. Off street parking and loading as regulated in this chapter.
4. Residential structures and related residential uses necessary for security and
safety reasons in relation to a principal use.
5. Signs as regulated in this chapter.
12-1G-4: BUILDING PERMIT REQUIREMENTS: No development of any lot or
combination of lots in the 1 district shall be commenced and no building permit will be
issued therefore until all of the following requirements have been met:
A. Plans And Specifications:
1. Site Plan And Building Plans And Specifications: A complete site plan and
building plans and specifications shall be submitted as prepared by a registered
architect. The architect shall certify that the plans were prepared specifically for
the subject site. The site plan shall include location of buildings, driveways,
driveway intersections with streets, parking areas, loading areas, sidewalks,
curbs, and screening as required by this chapter.
Page 12-1G 110
2. Grading Plans: Site grading plans shall be submitted indicating existing and
proposed grades and provisions for surface drainage.
3. Signs: Proposed design, location, size and lighting of all signs, if any, shall be
submitted.
• 4. Landscaping Plans: Detailed landscaping plans prepared and signed by a
landscape architect shall be submitted.
5. Additional Materials: Plans and specifications shall include any additional
material required by the city to ascertain compliance with the performance
standards specified in this chapter and any other requirements of this chapter.
B. Bond: A bond or bonds guaranteeing performance of construction elements
required to comply with this chapter shall be given in amounts determined by the
city to be sufficient to reasonably ensure compliance with the provisions of this
article.
12-1G-5: OFF STREET PARKING: Off street parking shall be supplied to meet the
minimum number of spaces and location of space requirements for the type of use
proposed as specified in section 12-1J-1 of this chapter. In addition to those
requirements:
A. Off street parking shall be supplied in sufficient quantity to provide parking for
employees, customers, and other visitors in accordance with projected needs for
the proposed occupancy.
B. All parking areas shall be surfaced with a hard, all weather, durable material with
an approved curb or bumper stops defining the edge of all parking areas and
driveways. All parking areas containing more than six (6) spaces facing a public
street or residential zoned property shall have a solid screen, wall or fence not
less than four feet (4') nor more than six feet (6') high.
C. No parking spaces or aisles serving parking spaces shall be less than twenty feet
(20') from any public right of way nor less than ten feet (10') from a building or lot
line.
12-1G-6: LANDSCAPING AND SCREENING:
A. Landscaping Plans: All areas of any lot or combination of lots which comprise the
site for one or more buildings, except those areas used for parking or buildings,
shall be landscaped with grass, trees, shrubs, or other planted ground cover, in
accordance with detailed landscaping plans prepared and signed by a landscape
architect.
Page 12-10- 111
B. Bond: A bond in an amount not to exceed one and one-half (1 1/2) times the cost
of landscaping and screening shall be required to guarantee the placement and
construction thereof as required in this chapter.
C. Maintenance Required: In addition, the owner shall have a continuing
responsibility to maintain such landscaping and any required screening in
reasonable condition at all times.
12-1G-7: SITE AND STRUCTURE REQUIREMENTS:
A. Building Coverage: Not more than fifty percent (50%) of the lot area shall be
occupied by buildings.
B. Structure Height: No structure shall exceed forty five feet (45') in height except as
provided in section 12-1D-13-1 of this chapter.
C. Side Yards Abutting A Street On A Corner Lot: Side yard abutting a street on a
corner lot shall be not less than forty feet (40') in width.
D. Yards Where Railroad Tracks Abut A Lot: Where a lot has a railroad trackage
abutting the interior side lot line or rear lot line, there shall be no side or rear yard
requirement abutting the trackage in providing a railroad loading facility.
E. Fences For I Districts Abutting R Districts: Whenever an I district abuts an R
district, a fence shall be erected along the property line and is allowed to be 100
percent opaque and not to exceed six feet (6') in height. at 1 act
F Floor Area Ratio: Floor area ratio shall not exceed 0.5.
G. Minimum Lot Requirements: The following minimum requirements shall be
observed subject to the additional requirements, exceptions and modifications as
set forth in this article and in section 12-1D-13-1 of this chapter:
Lot area 1 acre
Lot width 100 feet
Front yard 40 feet
Side yard
Interior 30 feet
Abutting a street 40 feet
Rear yard 50 feet
Abutting an R district 100 feet
Page 12-1G - 112
H. General Requirements: General requirements as specified in section 12-1D-13-2
of this chapter.
12-10-8: PERFORMANCE STANDARDS: The manufacture, compounding,
processing, packaging, treatment, assembly, or storage of products shall comply with
the performance standards outlined in article I of this chapter.
Page 12-1G - 113
CHAPTER 1
ZONING REGULATIONS
ARTICLE H. RESERVED
Page 12-1H - 114
CHAPTER 1
ZONING REGULATIONS
ARTICLE I. PERFORMANCE STANDARDS
SECTION:
12-11-1: Purpose; Compliance with Provisions
12-11-2: Noise
12-11-3: Smoke and Particulate Matter
12-11-4: Toxic or Noxious Matter
12-11-5: Odors
12-11-6: Vibrations
12-11-7: Glare and Heat
12-11-8: Explosives
12-11-9: Screening
12-11-10: Protection of Storm and Sanitary Sewer Systems
12-11-11: Bulk Storage of Liquids
12-11-12: Radiation Emission
12-11-13: Electrical Emission
12-11-14: Maintenance
12-11-15: Lighting
12-11-16: Drainage
12-11-17: Storage
12-11-18: Water Pollution
12-11-19: General Land Development
12-11-1: PURPOSE; COMPLIANCE WITH PROVISIONS: The guiding of urban
development so as to develop a compatible relationship of uses depends upon certain
standards being maintained. Uses permitted in the various districts, conditional uses
and accessory uses shall conform to the standards contained in this article.
12-11-2: NOISE: Any use producing noise shall be in conformance with the minimum
standards as adopted and enforced by the Minnesota pollution control agency and shall
be conducted in such a way as to avoid constituting a nuisance.
12-11-3: SMOKE AND PARTICULATE MATTER: Any use established, enlarged, or
remodeled after the effective date of this chapter shall be so operated and maintained
as to meet the minimum requirements of the Minnesota pollution control agency
regarding emission of smoke and particulate matter and shall be conducted in such a
way as to avoid constituting a nuisance.
Page 12-1/- 115
12-11-4: TOXIC OR NOXIOUS MATTER: The discharge of toxic or noxious matter shall
conform with the minimum standards as adopted by the Minnesota pollution control
agency and shall be conducted in such a way as to avoid constituting a nuisance.
12-11-5: ODORS: The discharge of odors shall conform with the air quality standards
as adopted by the Minnesota pollution control agency and shall be conducted in such a
way as to avoid constituting a nuisance.
12-11-6: VIBRATIONS: Any use creating periodic earth shaking vibrations, such as
may be created from a drop forge, shall be prohibited if such vibrations are perceptible
beyond the lot line of the site on which the use is located. This standard shall not apply
to vibrations created during the process of construction except where it may pose a
hazard to nearby buildings or public improvements.
12-11-7: GLARE AND HEAT: Any use requiring an operation producing an intense
heat or light transmission shall be performed with the necessary shielding to prevent
such heat or light from being detectable at the lot line of the site on which the use is
located. Lighting in all instances shall be diffused or directed away from R districts and
public streets.
\nA
12-11-8: EXPLOSIVES: Any (se requiring the storage, utilization or manufacturing of
products which could explode or otherwise decompose by detonation shall be located
not less than four hundred feet (400') from an R district and shall be allowed only by
conditional use permit
12-11-9: SCREENING: Any use in the I district abutting on the R district that shall have
open storage shall be effectively screened from the eye level vision by providing and
maintaining a wall, fence or planting strip to screen and reduce the noise, dust and
vision between the two (2) uses. Such wall or fence shall be six feet (6') in height and at
least ninety percent (90%) opaque during all seasons
12-11-10: PROTECTION OF STORM AND SANITARY SEWER SYSTEMS: Waste
material resulting from or used in industrial or commercial manufacturing, fabricating,
servicing, processing or trimming shall not be washed into the public storm sewer
system nor the sanitary sewer system, but shall be disposed of in a manner approved
by the city engineer. The city council may establish appropriate regulations and
standards therefore.
Page 12-1!- 116
(
12-11-11: BULK STORAGE OF LIQUIDS: All uses associated with the bulk storage of
oil, gasoline, liquid fertilizer, hazardous chemicals and similar liquids shall comply with
the requirements of the Minnesota state fire marshal's and Minnesota department of
agriculture offices and have documents from those offices stating the use is in
compliance.
12-11-12: RADIATION EMISSION: All activities that emit radioactivity shall comply with
the minimum requirements of the atomic energy commission.
12-11-13: ELECTRICAL EMISSION: All activities which create electrical emissions
shall comply with the minimum requirements of the federal communications
commission.
12-11-14: MAINTENANCE: In all districts, all structures, required landscaping and
fences shall be maintained so as not to be unsightly or present harmful health or safety
conditions.
12-11-15: LIGHTING: Lights for illuminating parking areas, loading areas or yards for
safety and security purposes shall create a reading of no more than 0.2 foot-candles at
the shared property line with a commercial or industrial use or public right of way, and
shall create a reading of zero foot-candles at the shared property line with residentially-
zoned property.
12-11-16: DRAINAGE: No land shall be developed and no use shall be permitted that
results in water runoff causing flooding or erosion on adjacent properties. Such runoff
shall be properly channeled into a storm drain, watercourse, ponding area or other
suitable facility as set forth in the soil protection ordinance and wetland system
ordinance. In no event shall drainage be allowed into a sanitary sewer.
12-11-17: STORAGE: All material and equipment shall be stored within a building or
fully screened so as not to be visible from adjoining properties, except for the following:
laundry drying and recreational equipment, construction and landscaping materials and
equipment currently being used on the premises, agricultural equipment and materials if
these are used or intended for use on the premises, off street parking except as
otherwise regulated herein. There shall be no outside storage of either materials or
products except through the issuance of a conditional use permit.
12-11-18: WATER POLLUTION: All uses and activities shall conform to water pollution
standard controls and regulations of the Minnesota pollution control agency and the city
and all other applicable governmental rules, regulations and laws relative thereto.
Page 12-1/- 117
12-11-19: GENERAL LAND DEVELOPMENT: The general development standards as
set forth in the city soil protection ordinance and wetland system ordinance shall apply
to all districts within the city.
Page 12-1!- 118
CHAPTER 1
ZONING REGULATIONS
ARTICLE J. RESERVED
Page 12-1J- 119
CHAPTER 1
ZONING REGULATIONS
ARTICLE K. PLANNED UNIT DEVELOPMENTS
SECTION:
12-1K-1: Purpose
12-1K-2: Definition
12-1K-3: Specific Planned Unit Development Districts
12-1K-4: Rights to a Planned Unit Development
12-1K-5: Approval and Administration
12-1K-6: Procedure for Planned Unit Development
12-1K-7: Failure to Begin Planned Unit Development
12-1K-8: Enforcing Development Schedule
12-1K-9: Open Spaces
12-1K-10: Control of Planned Unit Development Following Completion
12-1K-1:PURPOSE:
A. This article establishes provisions for the granting of a conditional use permit to
provide for a planned unit development project. The purpose of the planned unit
development is to encourage a flexibility in the design and development of land;
and in connection therewith, and by way of illustration and not limitation, to
preserve the natural and scenic quality of open areas, to encourage a diversity of
housing types within a given development, to permit a mixture of several zoning
district uses within a development project, and to permit modification and
variance of zoning district requirements, but nevertheless and at the same time
limiting development to a scale appropriate to the existing terrain and
surrounding land uses.
B. A planned unit development may be created as a base zoning district. The
purpose of the planned unit development district is to encourage a flexibility in
the design and development of land in order to promote its appropriate use; to
facilitate adequate and economical provision of streets and utilities; to preserve
the natural and scenic qualities for open areas; to encourage a diversity of
housing types within a given development and within the community as a whole;
and to limit development to a scale appropriate to the existing terrain and
surrounding land uses. For such PUD Districts, the ten (10) acre minimum area
requirement may be waived at the discretion of the City.
12-1K-2: DEFINITION:
Page 12-1K- 120
A. Planned Unit Development Defined: Except as otherwise provided for by article H
of this chapter which relates to planned unit development districts, a "planned
unit development" is hereby defined as any development project which proposes
to utilize ten (10) or more contiguous acres of and (the project area) and where:
1. The proposed uses in the project area consist of some use or uses which would
not otherwise be permitted uses in the zoning district which comprises the project
area; or if the project area includes two (2) or more zoning districts, then the
planned unit development may be permitted only if a proposed use or uses in
each of the zoning districts would not otherwise be a permitted use therein; or
2. The project area consists of property located in one or more R zoned districts,
the proposed planned unit development consists entirely of residential housing
and it is proposed that such housing be clustered. Furthermore, in order to
qualify under this subsection A2, notwithstanding any other provision of this
chapter to the contrary, the ratio of impervious surface to the total project area
shall not be more than twenty five to one hundred (25:100), e.g., two thousand
five hundred (2,500) square feet of impervious surface to ten thousand (10,000)
square feet of project area. For purposes of calculating the above ratio, there
shall be excluded: a) from the computation of project area, all wetlands in the
project area and all land below the bluff line in any part of a critical area (as
defined in chapter 3 of this title) which is within the project area; and b) from the
computation of impervious surface, the square foot area of swimming pools,
tennis courts and other detached recreational structures located in the project
area.
The word "clustered or clustering" shall, for purposes of this subsection A2, mean
the placement of two (2) or more housing units, whether single-family, or multi-
family, or mixed, in closer proximity than is permitted under the regulations
applicable to the zoning district or districts in which the project area is proposed
to be located; or
3. Project area consists of property located in one or more B zoned districts or one
or more I zoned districts. The proposed planned unit development shall consist
entirely of facilities and uses that are either permitted or permitted through a
conditional use permit in the underlying zoning district. Zero lot lines, shared
parking, pedestrian connections between structures, common building materials
and treatments, signage, and architectural styles, as well as extensive
landscaping shall be encouraged in the planned unit development in order to
create a campus atmosphere development.
The percentage of impervious surface in the project area shall be no more than
seventy percent (70%). Wetlands and all land below the bluff line in any part of a
critical area (as defined in chapter 3 of this title) that is in the project area shall
not be included in the land area to be calculated in order to determine the above
percentage.
Page 12-1K- 121
B. Reduction Of Ten Acre Requirement:
1. The council may reduce the ten (10) acre requirement for a planned unit
development, but to no less than five (5) acres, and only if it finds that the
planned unit development, in addition to meeting all of the standards and
objectives of section 12-1K-5 of this article:
a. Is determined by the council to be "infill type development" that would be
difficult to develop under the zoning district or districts comprising the project
area.
b. Will not require any wetlands permit.
c. Will not require any critical area variance.
d. Will not increase traffic or parking estimates for the project area above the
level reasonably estimated for a permitted use for the project area's size in the
zoning district in which it is situated.
e. Provides a landscaped buffer around the perimeter of the entire project
area unless expressly waived by the council.
2. The council shall be conservative in exercising its discretion to permit a planned
unit development of less than ten (10) acres.
12-1K-3: SPECIFIC PLANNED UNIT DEVELOPMENT DISTRICTS: The planned unit
development district will be comprised of four (4) types of zoning designations:
A. HR-PUD High Density Residential Planned Unit Development District: The HR-
PUD district is intended to provide the opportunity to develop a planned unit
development of a nature and intensity equivalent to the R-3 zoning district. The
permitted, conditional, and accessory uses in this district are the same as those
for the R-3 district.
B. MR-PUD Medium Density Residential Planned Unit Development District: The
MR-PUD district is intended to provide the opportunity to develop a planned unit
development of a nature and intensity equivalent to the R-2 zoning district. The
permitted, conditional, and accessory uses in this district are the same as those
for the R-2 district.
C. LB-PUD Limited Business Planned Unit Development District: The LB-PUD
district is intended to provide the opportunity to develop a planned unit
development of a nature and intensity equivalent to the B-1, limited business
Page I2-1K - 122
zoning district. The permitted, conditional, and accessory uses in this district are
the same as those for the B-1 district.
D. MU-PUD Mixed Use Planned Unit Development District: The MU-PUD district is
intended to provide the opportunity to develop a planned unit development with
mixing of residential and nonresidential uses. All of the permitted, conditional,
and accessory uses contained in the R-2, R-3, B-1, and B-2 zoning districts shall
be treated as potentially allowable uses within the MU-PUD district, provided they
would be allowable on the site under the comprehensive plan. The city council
shall have the authority to approve other uses in the MU-PUD district by special
permit.
12-1K-4: RIGHTS TO A PLANNED UNIT DEVELOPMENT: The use of more flexible
regulations in the development of land under the this article may be approved if all of
the conditions in section 12 1K /1 of this article are found to exist and if it is determined
that it is in the overall community interest to do so. The use of these techniques is not
an assumed right, but is a discretionary privilege which may be granted by the city
council if, in its determination, the use of a planned unit development process and land
development is in the community interest and all of the conditions are adhered to. While
the approval of a planned unit development may result in permitting in a project area a
development of a nature or use not otherwise permitted in the particular zoning district,
it is not intended that the approval of a planned unit development shall effect a change
in the underlying zoning unless the procedures for a rezoning under this chapter are
also followed, either simultaneously or separately, and a rezoning is approved in
accordance with the procedures of other provisions of this chapter.
12-1K-5: APPROVAL AND ADMINISTRATION:
A. Standards For Approval: The planned unit development may be approved only if
it satisfies all of the following standards:
1. The planned unit development is an effective and unified treatment of the
development possibilities on the project site and the development plan includes
provisions for the preservation of unique natural amenities such as streams,
stream banks, wooded cover, rough terrain, and similar areas.
2. The planned unit development has been planned and is proposed to be
developed to harmonize with adjacent projects or proposals.
3. Financing is available to the applicant on conditions and in an amount which is
sufficient to assure completion of the planned unit development and evidence to
support those facts is presented to and deemed satisfactory by the planning
commission and the council.
Page 12-1K- 123
4. The planned unit development is consistent with the comprehensive plan of the
community.
5. The planned unit development can be planned and developed to harmonize with
any existing or proposed development in the areas surrounding the project site.
B. Number Of Dwelling Units:
1 In a residential planned unit development the number of dwelling units proposed
for the entire site shall not exceed the total number permitted under the density
control provisions of the zoning district(s) in which the land is located. The HR-
PUD district will use the standards of the R-3 zoning district as a guide; the MR-
PUD district will use the standards of the R-2 district as a guide. If the residential
planned unit development is in more than one zoning district, the number of
allowable dwelling units must be calculated separately for each portion of the
planned unit development that is in a separate zone, and must then be combined
to determine the number of dwelling units allowable in the entire planned unit
development. The density of individual uses in the MU-PUD district may be
guided by the standard zoning district for each use. The city council shall have
the authority to determine the allowed density based on the quality and
components of the planned unit development. Said density may be lesser or
greater than that prescribed by the standard zoning district(s) at the discretion of
the council.
2. If a Conditional Use Permit planned unit development is in more than one zoning
district, the number of allowable dwelling units must be separately calculated for
each portion of the planned unit development that is in a separate zone, and
must then be combined to determine the number of dwelling units allowable in
the entire planned unit development.
3. The planning commission shall determine the number of dwelling units which
may be constructed within the planned unit development by dividing the net
acreage of the project area by the required lot area per dwelling unit which is
required in the equivalent zoning district for the area in which the planned unit
development is located. The net acreage shall be defined as the project area less
the land area dedicated for public streets, but shall include all lands to be
conveyed to the city for public parks. No portion of any wetlands, to the average
high water marking as indicated on the city wetlands map, may be included for
purposes of calculating land density.
12-1K-6: PROCEDURE FOR PLANNED UNIT DEVELOPMENT:
A. Pre-application Conference: Before submitting an application for a planned unit
development, an applicant shall confer with the planning commission (and with
the city council at its next regular meeting following planning commission review)
Page 12-1K- 124
to obtain information and guidance before entering into binding commitments or
incurring substantial expense in the preparation of plans, surveys, and other
data.
B. Concept Plan:
1. The applicant shall provide to the planning commission and the council at the
pre-application conference the concept plan and other information specified in
this subsection. The zoning administrator shall not place a pre-application
conference on the planning commission agenda until all of the information
specified in this article has been provided by the applicant. All such information
shall be provided to the zoning administrator twenty one (21) days before the
pre-application conference with the planning commission to facilitate review by
staff and preparation of a report by the city planner.
2. A concept plan must include both maps and a written statement, and must show
enough of the area surrounding the proposed planned unit development to
demonstrate the relationship of the planned unit development to adjoining uses,
both existing and proposed. The maps which are part of the concept plan may be
in general schematic form, and must contain the following information:
a. The existing topographic character of the land.
b. Existing and proposed land uses and the approximate location of buildings,
utilities, and unique development features of the site.
c. The location of major thoroughfares.
d. Public uses, including schools, parks, playgrounds, and other open spaces.
3. A written statement shall accompany the concept plan, which must contain the
following information:
a. An explanation of the character of the planned unit development and the
manner in which it is consistent with and has been planned to comply with the
planned unit development provisions contained in this article.
b. A statement of proposed financing.
c. A statement of the present ownership and all existing or contingent
interests in all of the land included within the planned unit development.
d. A general indication of the expected schedule of development including
progressive phasing and time schedules which shall not exceed five (5) years
from the date of approval of the final development plan for the planned unit
development to the completion of all construction.
Page 12-IK - 125
e. The character and approximate density of dwelling units.
f. Estimated industrial or commercial acreage and projected employment.
g.
Estimated square footage of any commercial development.
h. Estimated amount of open space and a computation showing the percent
of impervious surface in the project area.
i. Projected traffic.
C. Action Following pre-application conferences: The planning commission and the
council each in their turn shall make recommendations regarding the concept
plan giving reasons for their recommendations, but such action is not and is not
intended to be binding on the city in any way, but simply advisory to the applicant
on a preliminary basis only.
D. Preliminary Development Plan
1. If a preliminary development plan has not been submitted to the planning
commission within six (6) months following the date of the council meeting at
which the applicant completed the pre-application conference with the council,
then the applicant shall repeat the pre-application process specified by this
article. In its discretion and for good cause, the city council may extend for three
(3) months the period for the filing of the preliminary development plan and waive
the resubmission to the pre-application conference process.
2. Every preliminary development plan must include all of the following information:
a. A map showing street systems, plot lines and plot designs.
b. Areas proposed to be conveyed, dedicated, or reserved for parks,
playgrounds, playways, school sites, public buildings, and similar public and
semipublic uses.
c. A plot plan for each building site and common open area, showing the
proposed location of all buildings, structures and improvements and indicating
the open spaces around buildings and structures. The plan shall include an
analysis and report of the area devoted to each proposed parcel, building, and
use.
d. Elevation and perspective drawings of all proposed structures and
improvements and any accessory structures. The drawings need not be the
result of final architectural decisions and need not be in detail but should indicate
the general design character and materials.
Page 12-1K- 126
e. A development schedule indicating: 1) the approximate date when
construction of the project can be expected to begin; 2) the stages in which the
project will be built and the approximate date when construction of each stage
can be expected to begin; 3) the anticipated rate of development; 4) the
approximate dates when the development of each of the stages in the
development will be completed; and 5) the area and location of common open
space that will be provided at each stage.
f. Copies of proposed agreements, provisions or covenants which will govern
the use, maintenance and continued protection of the planned unit development
and any of its common open areas, for information purposes only.
g. The following plans and diagrams:
(1) All information required under the provisions of subsection 12-1L-6B of
this chapter.
(2) An off street parking and loading plan.
(3) A circulation diagram indicating the proposed movement of vehicles,
goods, and pedestrians within the planned unit development and to and from
existing thoroughfares. Any special engineering features and traffic regulation
devices needed to facilitate or ensure the safety of this circulation pattern
must be shown.
(4) A landscaping and tree planting plan.
(5) An economic feasibility report or market analysis.
h. The applicant may, instead of filing a preliminary development plan, file a final
development plan at the time specified in this subsection, and such final
development plan shall contain all of the information required in this subsection
and all information required for the final development plan as specified in this
article.
E. Approval Of Preliminary Development Plan Or Final Development Plan
Submitted In Lieu Thereof:
1. Time For Filing; Hearing And Notice: The applicant shall file the preliminary
development plan (or in lieu thereof a final development plan) with the city
council and the planning commission not later than twenty one (21) days before
the planning commission meeting at which the application will be considered.
The planning commission shall give notice of a public hearing in conformance
with section 12-1L-6 of this chapter.
Page 12-1K- 127
2. Recommendation Of Planning Commission: The planning commission shall
review the preliminary or final development plan (as the case may be) and, after
the hearing, forward the plan to the council with a written report recommending
that the plan be disapproved, approved, or approved with modifications, and give
the reasons for these recommendations.
3. Action By City Council:
a. Within thirty (30) days after receipt of the report and recommendations of
the planning commission, the council shall consider the plan and the report
transmitted to them by the planning commission. At the time of consideration, the
council may take action to approve or disapprove the plan or approve the plan
with modifications, or it may continue the discussion from time to time for further
information and report from the planning commission as it may direct.
b. Upon approval of the plan by an affirmative vote of the majority of all
members thereof, the council shall grant the conditional use permit with
appropriate findings consistent with this article. If the approval is of the
preliminary development plan, such approval shall be subject to the filing of a
final development plan and the approval of the final development plan by the
affirmative vote of the majority of all council members.
F Final Development Plan:
1. Time For Filing: Within six (6) weeks following the approval of the preliminary
development plan by the council, the applicant shall file with the council a final
development plan containing in final form the information required in the
preliminary plan. In its discretion and for good cause, the council may extend for
six (6) weeks the period for the filing of the final development plan.
2. Development Agreement: All agreements, covenants and conditions relating to
the planned unit development, including without limitation: a) those which relate
to the use, maintenance and continued protection of any commpn open areas; b)
all variances; and c) all conditional uses which compromise the planned unit
development as approved by the City Council
shall be set forth in a
development agreement, e - - e - mutually agreed to and
entered into between the applicant and the city. Approval of the development
agreement by the council and the applicant shall be a condition to approval of the
final development plan.
3. Action By City Council:
a. The council will review the final development plan and so long as all
conditions to the approval of the preliminary development plan have been
Page 12-1K- 128
satisfied and so long as standards set forth in subsection 12-1K-5A of this article
continue to be met, the city council shall approve the final development plan.
b. No building permits will be issued until the developer provides to the city
evidence of the recording of the final development plan and, if appropriate, the
development agreement.
c. If the final development plan is not in substantial conformity with the
preliminary development plan and the applicant wishes to proceed with the final
development plan, the final development plan shall be considered pursuant to the
procedures provided for by this chapter for approval of a conditional use permit,
and the applicant shall be referred back to the planning commission to begin that
process.
G. Amendments To Final Development Plan: No changes may be made in the
approved final development plan after its approval by the council, except upon
application to the council under the procedures provided below:
1. Minor changes in the location, siting, and height of buildings and structures may
be authorized by the council if required by engineering or other circumstances
not foreseen at the time the final plan was approved. Such approval shall require
the affirmative vote of a majority of all members of the council.
2. All other changes in use, or rearrangements of lots, blocks and building tracts,
any changes in the provision of common open spaces, and all other changes in
the approved final plan must be made by the council under the procedures
authorized by this chapter for the approval of a conditional use permit. No
amendments may be required by the council because of changes in conditions
that have occurred since the final plan was approved or by changes in the
development policy of the community.
12-1K-7: FAILURE TO BEGIN PLANNED UNIT DEVELOPMENT: If no construction
has begun of the planned unit development within one year from the approval of the
final development plan, the final development plan shall lapse and be of no further
effect. In its discretion and for good cause, the council may extend for up to one
additional year the period for the beginning of construction.
12-1K-8: ENFORCING DEVELOPMENT SCHEDULE: The construction and provis on
of all of the common open spaces and public and recreational facilities which are shown
on the final development plan must proceed at the same rate as the construction of the
primary structural units. At least once every three (3) months following the approval of
the final development plan, the zoning administrator shall review all of the building
permits issued for the planned unit development and examine the construction which
has taken place on site. If he shall find that the rate of construction of dwelling units is
greater than the rate at which common open spaces and public and recreational
Page 12-1K- 129
facilities have been constructed and provided, he shall forward this information to the
council, which may revoke the planned unit development permit.
12-1K-9: OPEN SPACES:
A. Conveyance And Maintenance Of Common Open Space:
1. Options: All and shown on the final development plan as common open space
must be conveyed under one of the following options:
a. It may be conveyed to a public agency which will agree to maintain the
common open space and any buildings, structures, or improvements which have
been placed on it.
b. It may be conveyed to a homeowners' association or similar organization
for the maintenance of the common spaces of the planned unit development,
subject to and in a manner consistent with the covenants, duties and obligations
of the developer set forth in the development agreement.
2. Final Development Plan Controls: No common open space may be put to any
use not specified in the final development plan unless the final development plan
has been amended to permit that use under this chapter. However, no change of
use authorized under this chapter may be considered as a waiver of any of the
covenants limiting the use of common open space areas, and all rights to enforce
these covenants against any use permitted under this chapter are expressly
reserved.
3. Enforcement: If the common open space is not conveyed to a public agency,
either one of the following methods of enforcement must be provided:
a. The legal right to develop the common open space for the uses specified in
the final development plan must be conveyed to a public agency.
b. The restrictions governing the use, improvement, and maintenance of the
common open space must be stated as conditions to the conveyance of the
common open space; the fee title to the common open space to vest in a public
agency in the event of a substantial default in the stated conditions.
4. City To Enforce Covenants: If the common open space is not conveyed to a
public agency, the covenants governing the use, improvement, and maintenance
of the common open space shall authorize the city to enforce their provisions.
B. Standards For Common Or Public Open Space:
1. Location And Design: The location, shape, size and character of the common
open space must be suitable for the planned unit development.
Page 12-1K- 130
2. Use Requirements: Common open space must be used for amenity or
recreational purposes. The uses authorized for the common open space must be
appropriate to the scale and character of the planned unit development,
considering its size, density, expected population, topography and the number
and type of principal units to be provided.
3. Improvement Requirements:
a. Common open space must be suitably improved for its intended use, but
common open space containing natural features worthy of preservation may be
left unimproved. The buildings, structures and improvements which are permitted
in the common open space must be appropriate to the uses which are authorized
for the common open space and must conserve and enhance the amenities of
the common open space having regard to its topography and unimproved
condition.
b. If the final development plan provides for buildings or structure
improvements in the common open space, the developer must provide a bond or
other adequate assurance that the buildings, structures, and improvements will
be completed. The planning commission shall release the bond or other
assurance when the buildings, structures, or improvements have been completed
according to the development plan.
4. Development Schedule: The development schedule which is part of the
development plan must coordinate the improvement of the common open space,
the construction of buildings, structures, and improvements in the common open
space, and the construction of residential dwellings in the planned unit
development.
5. Other Requirements: In the development of the common open space, the
requirements of other city ordinances must be met unless otherwise provided in
the development agreement, e.g., wetlands permit requirements, etc.
C. Guarantee Of Provision Of Common Open Space: The city council may require
adequate assurance, in a form and manner which it approves, that the common
open space shown in the final development plan will be provided. The following
methods of assurance are intended as illustrative, and they may be used singly
or in combination:
1. Bond, Surety, Financial Guarantee: The council may accept a bond, corporate
surety, or other acceptable financial guarantee, in a form which complies with the
provisions of the subdivision control ordinance, and in an amount sufficient to
purchase at its then current market value the common open space shown in the
final development plan.
Page 12-1K - 131
2. Escrow: The land shown as common open space may be put in escrow, the
escrow agreement to provide that the land is to be held in escrow until the city
council has certified to the escrow agent that the planned unit development has
been completed, at which time, the common open space is to be conveyed as
provided by city ordinance. The escrow agreement may provide for the release of
the common open space by the escrow agent in stages, the council to certify the
completion of each stage of the planned unit development to the escrow agent.
The escrow agreement must provide that a portion of the open space is to be
conveyed in the manner provided by city ordinance, if the planned unit
development is not completed. In this event, the open space which is conveyed
is to bear the same proportion to the open space provided on the final
development plan as the dwelling units that have been built bear to the total
number of dwelling units which are allowable by the final development plan.
3. Exercise Option: If any of the planned unit development which includes common
open space is held by the developer on option, the developer may assign to the
council the right to exercise the option to acquire the common open space and
shall simultaneously provide the council with the sum necessary, if any, to
exercise the option and acquire the property.
4. Withholding Certificate Of Occupancy: If for any reason the common open space
shall not be provided for before the completion and occupancy of the project, the
council may withhold the certificate of occupancy until the common open space
has been provided and improved in accordance with the final development plan.
The development contract controlling the PUD shall specify the applicant's
agreement to this remedy.
12-1 K-10: CONTROL OF PLANNED UNIT DEVELOPMENT FOLLOWING
COMPLETION:
A. Issuance Of Certificate Of Completion: The council shall issue a certificate
certifying the completion of each phase of the planned unit development, and the
city clerk shall note the issuance of the certificate on the recorded final
development plan.
B. Final Development Plan And Development Agreement To Govern: After the
certificate of completion has been issued, the use of land and the construction,
modification, or alteration of any buildings or structures within the planned unit
development will be governed by the approved final development plan and the
development agreement to the extent that they may be inconsistent with the
provisions of this chapter.
C. Changes To Final Development Plan:
Page 12-IK- 132
L
(
1. After the certificate of completion has been issued, no changes may be made in
the approved final development plan except upon application to the city council
under the procedures provided below:
a. Minor Changes: Any minor extensions, alterations, or modifications within
the building envelope of existing commercial and industrial buildings or structures
may be authorized by the council if they are consistent with the purposes and
intent of the final development plan, and such authorization shall be by the
affirmative vote of a majority of all members of the city council. No change
authorized hereby may increase the cubic feet of any building or structure by
more than ten percent (10%).
b. Unauthorized Uses: Any uses not authorized by the approved final plan,
but allowable in the project area as a permitted use under the provisions of this
chapter or permitted as a conditional use in the zone in which the planned unit
development is located, may be added to the final development plan under the
procedures provided by this chapter for the approval of conditional uses.
c. Destroyed Structures: A building or structure that is totally or substantially
destroyed may be reconstructed only in compliance with the final development
plan unless an amendment to the final development plan is approved pursuant to
the procedures for approval of a conditional use permit under this chapter.
d. Common Open Space Changes: Changes in the use of common open
space may be authorized by an amendment to the final development plan
pursuant to the procedures for approval of a conditional use permit under this
chapter.
e. All Other Changes: All other changes in the final development plan must be
approved by the council under the procedures authorized by this chapter for the
amendment of this chapter. No changes may be made in the final development
plan unless they are required for the continued successful functioning of the
planned unit development, or unless they are required by changes in conditions
that have occurred since the final plan was approved or by changes in the
development policy of the community.
2. No changes in the final development plan which are approved under this article
are to be considered as a waiver of the covenants limiting the use of land,
buildings, structures, and improvements within the area of the planned unit
development, and all rights to enforce these covenants against any changes
permitted by this article are expressly reserved.
Page 12-1K- 133
CHAPTER 1
ZONING REGULATIONS
ARTICLE L. ADMINISTRATION AND ENFORCEMENT
SECTION:
12-1L-1: Administration and Enforcement Officials
12-1L-2: Duties of Zoning Administrator
12-1L-3: Appeals
12-1L-4: Certificate of Occupancy
12-1L-5: Variances
12-1L-6: Conditional Uses
12-1L-7: Rezoning
12-1L-8: Zoning Amendments
12-1L-9: Comprehensive Plan Amendments
12-1L-10: Fees and Deposits
12-1L-11: Violations; Penalties
124 L-1: ADMINISTRATION AND ENFORCEMENT OFFICIALS: This chapter shall be
administered and enforced by the city council and the zoning administrator.
12-1 L-2: DUTIES OF ZONING ADMINISTRATOR: The zoning administrator shall
enforce this chapter, and in addition thereto and in furtherance of said authority, he shall
require that:
A. All building permits are reviewed by the code enforcement officer to determine
compliance with the terms of this chapter.
B. Inspections of buildings and use of land are conducted by the code enforcement
officer to determine compliance with the terms of this chapter.
C. Permanent and current records of this chapter are maintained, including, but not
limited to, all maps, amendments, and conditional uses, variances, appeals and
applications therefore.
D. All applications for appeals, variances, conditional uses, or other matters are
received, dated, filed and forwarded to the designated city officials.
E. The city attorney shall institute in the name of the city appropriate actions or
proceedings against a violator as provided by law.
Page 12-11_ - 134
12-1 L-3: APPEALS:
A. Board Of Appeals; Planning Commission Serve As: The planning commission is
designated as the board of zoning appeals and shall determine, in harmony with
the general purpose of this chapter and the comprehensive plan, by resolution,
all appeals from any order, requirement, permit or decision made by the zoning
administrator under this chapter, and from any interpretation of the text of this
chapter, or any determination by the zoning administrator as to the location of the
boundary of a zoning district as shown on the zoning map.
B. Time For Filing Appeal: At any time within ninety (90) days after the decision of
the zoning administrator under the provisions of this chapter, except in
connection with prosecutions for violations thereof, the applicant or other person
or officer of the city affected thereby may appeal to the planning commission by
filing a written notice stating the action appealed from and stating the specific
grounds upon which the appeal is made.
C. Hearings: The planning commission, as the board of zoning appeals, may
conduct such hearings as it may deem advisable and shall prescribe what notice,
if any, shall be given of such hearing.
D. City Council Action:
1. The council may review and revise any decision of the board of zoning appeals.
In reviewing such decisions, the council shall set a date for hearing thereon, not
earlier than seven (7) days after nor more than thirty (30) days after the decision
is made by the board of zoning appeals.
2. Notice of the hearing before the council shall be mailed to all appellants. In all
cases involving determination of district boundary lines or interpretation of the
text of this chapter, ten (10) days' published notice of hearing in the official
newspaper shall be given.
12-1 L-4: CERTIFICATE OF OCCUPANCY:
A. Certificate Required: Certificates of occupancy shall be required for occupancy
and use of any buildings hereinafter erected or structurally altered; for new
occupancy and use of an existing building when the new use is of a different
zoning classification; for occupancy and use of vacant land, new use of vacant
land when new use is of a different zoning classification, and for any change in
the use of a nonconforming use.
B. Application For Certificate: Every application for a building permit shall be
deemed to be an application for an occupancy certificate. Every application for
Page 12-1L - 135
an occupancy certificate for a use of land where no building permit is required
shall be made directly to the zoning administrator.
C. Issuance Of Certificate: The certificate of occupancy shall be issued within three
(3) days after construction has been completed and the premises inspected and
certified to be in conformance with the provisions of this chapter. Where vacant
land or change in the use of an existing building, or for change in a
nonconforming use is involved, the certificate of occupancy shall be issued as
soon as the code enforcement officer has examined the premises and
determined that the requirements of this chapter have been met.
D. Certificates For Nonconforming Uses: Application for such certificate of
occupancy for all lawful nonconforming uses or buildings created by the adoption
of this chapter shall be filed with the zoning administrator by the owner to issue a
certificate of occupancy for a lawful nonconforming use. Failure to apply for such
certificate of occupancy, or refusal of the zoning administrator to issue the
certificate of occupancy shall be prima facie evidence that such nonconforming
use was either illegal or did not lawfully exist at the effective date of this chapter.
E. Violations:
1. It shall constitute a violation of this chapter for any person, firm, corporation, or
voluntary association, either owner or agent, to do any of the things mentioned in
this section without having first obtained an occupancy certificate.
2. Any certificate issued upon a false statement of fact which is material to the
issuance thereof shall be void. Whenever the fact of such false statement shall
be established to the satisfaction of the zoning administrator, he shall forthwith
revoke the occupancy certificate, by notice in writing to the holder. Any person
who shall proceed thereafter with such work or use without having obtained a
new certificate shall be deemed guilty of violation of this chapter.
124 L-5: VARIANCES:
A. Authority To Grant Variances; Conditions: The council may grant variances from
the strict application of the provisions of this chapter and impose conditions and
safeguards in the variances so granted in cases where there are practical
difficulties or undue hardships in the way of carrying out the strict letter of the
regulations of this chapter. "Undue hardship", as used in connection with the
granting of a variance, means the property in question cannot be put to a
reasonable use if used under conditions allowed by this chapter and the
hardship is due to circumstances unique to the property, not created by the
landowner, and the variance, if granted, will not alter the essential
character of the neighborhood. Economic considerations shall not constitute
an undue hardship if reasonable use for the property exists under this chapter.
Page 121L - 136
B. Application For Variance: An application for a variance shall be filed with the city
clerk and shall state the exceptional conditions and the peculiar and practical
difficulties claimed as a basis for a variance. The applicant shall submit one
signed copy of the application and the following supporting documents:
1. Sketch plan showing all pertinent dimensions, and including the location of any
easements, having an influence upon the variance request.
2. Written consent and waiver of public hearing, in a form prescribed by the city, by
the owners of property within one hundred feet (100') of the boundaries of the
property for which the variance is requested, accompanied by a map indicating
the location of the property in question and the location of the property owners
who have given consent; or, lacking such consent, a list of names and addresses
of the owners of property within one hundred feet (100') of the boundaries of the
property for which the variance is requested.
3. If topography or extreme grade is the basis on which the request is made, all
topographic contours shall be submitted.
4. If the application involves a cutting of a curb for a driveway or grading a
driveway, the applicant shall have his plan approved by the city public works
director prior to construction.
C. Referral To And Recommendation Of Planning Commission: Before authorization
of any variance, the request therefore shall be referred to the planning
commission for study concerning the effect of the proposed variance upon the
comprehensive plan and on the character and development of the neighborhood,
and for its recommendation to the council for the granting of such variance from
the strict application of the provisions of this chapter so as to relieve such
difficulties or hardships to the degree considered reasonable without impairing
the intent and purpose of this chapter and the comprehensive plan. The planning
commission shall recommend such conditions related to the variance regarding
the location, character, and other features of the proposed building structure, or
use as it may deem advisable.
D. Planning Commission Hearing: The planning commission shall hold a public
hearing on applications for variances which are not accompanied by the written
consent of owners of property within one hundred feet (100') of the boundaries of
the property in question, affording an opportunity for all parties interested to be
heard. The city clerk shall establish the date for the public hearing and shall give
not less than ten (10) days' nor more than thirty (30) days' mailed notice of the
time and place of such hearing to the owner or owners of the property in question
and to each of the property owners within one hundred feet (100') of the outside
boundaries of the property for which said variance is requested. Such notice shall
contain the description of the property for which such variance is proposed and
Page 12-1L - 137
the proposed variance. Failure to mail such notice or failure of the property
owners to receive said notice shall not invalidate the proceedings.
E. Action By City Council:
1. Grant Of Variance: In considering applications for variance under this chapter,
the council shall consider the advice and recommendations of the planning
commission and the effect of the proposed variance upon the health, safety, and
welfare of the community, existing and anticipated, traffic conditions, light and air,
danger of fire, risk to the public safety, and the effect on value of properties in the
surrounding area, and the effect of the proposed variance upon the
comprehensive plan. If the council shall determine by resolution that the special
conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property, and do not apply generally to other
land or structures in the district in which said land is located, and that the
granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant and that granting the proposed variance
will not impair an adequate supply of light and air to adjacent property,
unreasonably increase the congestion in the public streets, increase the danger
of fire, endanger the public safety, unreasonably diminish or impair established
property values in the surrounding area, or in any other way impair health, safety,
comfort, or morals, or in any other respect be contrary to the intent of this chapter
and that the granting of such variance will not merely serve as a convenience to
the applicant, but is necessary to alleviate undue hardship or difficulty, the
council may grant such variance and impose conditions and safeguards therein.
2. Denial Of Variance: Variances may be denied by resolution of the council, and
such resolution shall include a finding and determination by the city council that
the conditions required for approval do not exist.
3. Action Without Recommendation Of Planning Commission: If no
recommendation is transmitted by the planning commission within sixty (60) days
after referral of the application for variance to the planning commission, the
council may take action without further awaiting such recommendation.
F. Revocation Of Variance: A violation of any conditions set forth in granting a
variance shall be a violation of this chapter and automatically terminates the
variance. A variance shall become void one year after it was granted unless
made use of within the year or such longer period prescribed by the council.
12-1L-6: CONDITIONAL USES:
A. Purpose: The development and execution of this chapter is based upon the
division of the city into districts within which the regulations are specified. It is
recognized, however, that there are special or conditional uses which, because
of their unique characteristics, cannot be properly classified in any district or
Page 12-1L - 138
districts without consideration, in each case, of the impact of those uses on
neighboring land or the public need for the particular location. To provide for
these needs, the council may by resolution approve a conditional use for those
uses and purposes, and may impose conditions and safeguards in such permits
to ensure that the purpose and intent of this chapter is carried out.
B. Application For Permit:
1. All applications for a conditional use permit which are initiated by the petition of
the owner or owners of the property in question shall be filed with the city clerk
no later than twenty one (21) days preceding the next regularly scheduled
planning commission meeting.
2. All applications for conditional use permit shall be accompanied by twenty (20)
copies of a set of plans and graphics containing the following information and
folded, where necessary, to the size of eight and one-half inches by eleven
inches (8 1/2" x 11"):
a. Site development plan, which shall include:
(1) Location of all buildings on the property in question including both
existing and proposed structures.
(2) Location of all adjacent buildings located within three hundred fifty feet
(350') of the exterior boundaries of the property in question.
(3) Floor area ratio.
(4) Location and number of existing and proposed parking spaces.
(5) Vehicular circulation.
(6) Architectural elevations (type and materials used of all external
surface).
(7) Sewer and water alignment, existing and proposed.
(8) Location and candlepower of all luminaries.
(9) Location of all existing easements.
b. Dimension plan, which shall include:
(1) Lot dimensions and area.
(2) Dimensions of proposed and existing structures.
Page 12-1L - 139
(3) Typical floor plan and typical room plan.
(4) Setbacks on all buildings located on property in question.
(5) Proposed setbacks.
c. Grading plan which shall include:
(1) Existing contour.
(2) Proposed grading elevations.
(3) Drainage configuration.
(4) Storm sewer catch basins and invert elevations.
(5) Spot elevations.
(6) Proposed road profile.
d. Landscape plan, which shall include:
(1) Location of all existing trees, type, diameter and which trees will be
removed.
(2) Location, type and diameter of all proposed plantings.
(3) Location and material used of all screening devices.
C. Referral To Planning Commission: The city clerk shall refer all applications for
a conditional use permit to the planning commission. The council may, of its own
motion, initiate the request for a conditional use permit and refer the same to the
planning commission. Upon receipt of the application and other requirements of
this chapter, the city clerk shall establish the date for a public hearing and shall
be responsible for the mailing and publication of hearing notices.
D. Planning Commission Hearing And Recommendations: The planning
commission shall hold a public hearing on such request for a conditional use
permit affording an opportunity for all parties interested to be heard. The city
clerk shall give not less than ten (10) days' nor more than thirty (30) days' notice
of the time and place of such hearing published in the designated legal
newspaper for the city, and such notice shall contain a description of the property
for which such conditional use permit is proposed and the proposed conditional
use. At least ten (10) days before the hearing, an identical notice shall be mailed
to the owner or owners of the property in question and to each of the property
Page 12-1L - 140
owners within three hundred fifty feet (350') of the outside boundaries of the
property for which said conditional use permit is requested. Failure to mail such
notice or failure of the property owners to receive said notice shall not invalidate
the proceedings. Within sixty (60) days after the date of reference by the council,
the planning commission shall make a written report to the council stating its
findings and recommendations.
E. Action By City Council:
1. Grant Of Permit; Expiration Of Permit: In considering an application for a
conditional use permit under this chapter, the council shall consider the advice
and recommendations of the planning commission and the effect of the proposed
use upon the health, safety, and welfare of occupants or surrounding lands,
existing and anticipated traffic conditions including parking facilities on adjacent
streets, and the effect of the proposed use on the comprehensive plan. If the
council shall determine that the proposed use will not be detrimental to the
health, safety or general welfare of the community, nor will cause serious traffic
congestion nor hazards, nor will seriously depreciate surrounding property value,
and that the same is in harmony with the general purpose and intent of this
chapter and the comprehensive plan, the council may grant such conditional use
permit imposing conditions and safeguards therein. A time limit may be imposed
on the conditional use, and in any case, the conditional use permit shall be void
after a conditional use has ceased for a period of six (6) months. The city council
may, by an affirmative vote of the majority of all members thereof, approve a
conditional use permit. The city council may, by an affirmative vote of the majority
of all members thereof, approve a conditional use permit for planned unit
development.
2. Denial Of Permit: Conditional uses may be denied by resolution of the city
council, and such resolution shall include a finding and determination that the
conditions required for approval do not exist. No application for a conditional use
which has been denied wholly or in part shall be resubmitted for a period of six
(6) months from the date of said order of denial, except on grounds of new
evidence or proof of change of conditions found to be valid by the planning
commission.
F Revocation Of Permit: A violation of any condition set forth in a conditional use
permit shall be a violation of this chapter and automatically terminates the
conditional use permit.
12-1L-7: REZONING:
A. Vote Required For Approval: The city council may, by a majority vote of all
members thereof, approve the rezoning of property; except, that where a
rezoning changes all or part of an existing classification from residential to either
Page 12-1L - 141
commercial or industrial, a four-fifths (4/5) majority vote of all members of the city
council is required.
B. Initiation Of Rezoning: Proceedings for rezoning shall be initiated by: 1) a petition
of the owner or owners of the actual property, the zoning of which is proposed to
be changed; 2) a recommendation of the planning commission; or 3) by action of
the city council.
C. Application To Rezone: All applications for rezoning which are initiated by the
petitions of the owners of the property shall be filed in the office of the city clerk
no later than twenty one (21) days preceding the next regularly scheduled
planning commission meeting, and shall be accompanied by twenty (20) copies
of a set of plans and graphics containing the following information and folded,
where necessary, to the size of eight and one-half inches by eleven inches (8
1/2" x 11").
1. Site development plan, which shall include:
a. Location of all buildings on the property in question including both existing
and proposed structures.
b. Location of all adjacent buildings located within three hundred fifty feet
(350') of the exterior boundaries of the property in question.
c. Floor area ratio.
d. Location and number of existing and proposed parking spaces.
e. Vehicular circulation.
f. Architectural elevations (type and materials used of all external surfaces).
g. Sewer and water alignment, existing and proposed.
h. Location and candlepower of all luminaries.
i. Location of all existing easements.
2. Dimension plan, which shall include:
a. Lot dimensions and area.
b. Dimensions of proposed and existing structures.
c. Typical floor plan and typical room plan.
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d. Setbacks on all buildings located on property in question.
e. Proposed setbacks.
3. Grading plan which shall include:
a. Existing contour.
b. Proposed grading elevations.
c. Drainage configuration.
d. Storm sewer catch basins and invert elevations.
e. Spot elevations.
f. Proposed road profile.
4. Landscape plan, which shall include:
a. Location of all existing trees, type, diameter and which trees will be
removed.
b. Location, type and diameter of all proposed plantings.
c. Location and material used of all screening devices.
D. Referral To Planning Commission: The city clerk shall refer all applications for
rezoning to the planning commission. Upon receipt of the application and other
requirements specified in this section, the city clerk shall establish the date for a
public hearing by the planning commission and shall be responsible for the
mailing and publication of hearing notices.
E. Planning Commission Hearing And Recommendation: The planning commission
shall hold a public hearing affording an opportunity for all parties interested to be
heard. The city clerk shall give not less than ten (10) days' nor more than thirty
(30) days' notice of time and place of such hearing published in the designated
legal newspaper for the city. Such notice shall contain a description of the
property proposed to be rezoned and the proposed change in zoning. At least ten
(10) days before the hearing, an identical notice shall be mailed to the owner or
owners of the property in question and to each of the property owners within
three hundred fifty feet (350') of the outside boundaries of the land proposed to
be rezoned. Failure to mail such notice or failure of the property owners to
receive said notice shall not invalidate the proceedings. Within sixty (60) days
after the date of reference by the council, the planning commission shall make a
written report to the council stating its findings and recommendations.
Page 12-1L - 143
F. Action By City Council: Within thirty (30) days after receipt of the report and
recommendations from the planning commission, the council shall consider the
application. At the time of consideration, the council may take final action or it
may continue the discussion from time to time for further investigation. The
council may also request further information and report from the planning
commission. The council shall not rezone any land in any zoning district without
having first referred it to the planning commission. Any other proposed
amendment to this chapter may be referred to the planning commission for its
consideration and recommendations.
12-1L-8: ZONING AMENDMENTS:
A. Vote Required For Approval: The city council may, by a majority vote of all
members thereof, adopt amendments to this chapter; except, that where an
amendment changes all or part of an existing classification from residential to
either commercial or industrial, a four-fifths (4/5) majority vote of all members of
the city council is required.
B. Initiation Of Amendment: Proceedings for amendment of this chapter shall be
initiated by either a petition of the owner or owners of property within a zoning
district, by a recommendation of the planning commission, or by action of the city
council.
C. Application For Amendment: All applications for amendment which are initiated
by the owner or owners of property shall be filed in the office of the city clerk and
shall state the exceptional conditions claimed as a basis for the amendment.
D. Referral To Planning Commission: The city clerk shall refer all applications for
amendment to the planning commission. Upon receipt of the application and
application fee, the city clerk shall establish a date for a public hearing by the
planning commission and shall be responsible for the publication of hearing
notices.
E. Planning Commission Hearing And Recommendation: The planning commission
shall hold a public hearing affording an opportunity for all parties interested to be
heard. The city clerk shall give not less than ten (10) days' nor more than thirty
(30) days' notice of the time and place of such hearing published in the
designated legal newspaper for the city. Within sixty (60) days after the date of
reference by the council, the planning commission shall make a written report to
the council stating its findings and recommendations.
F. Action By City Council:
1 Within thirty (30) days after the receipt of the report and recommendations from
the planning commission, the council shall consider the amendment.
Page 12-1 - 144
2. If the planning commission fails to make a report to the council within sixty (60)
days after the referral of the application, then the council shall consider the
amendment.
3. Failure to receive a report from the planning commission as herein provided shall
not invalidate the proceedings or action of the council.
4. At the time of consideration, the council may take final action upon the
application or it may continue the discussion from time to time for further
investigation.
5. The council may also request further information and report from the planning
commission.
12-1L-9: COMPREHENSIVE PLAN AMENDMENTS:
A. Purpose Of Comprehensive Plan: The comprehensive plan for the city contains
objectives, policies, standards and programs to guide public and private land
use, development, redevelopment and preservation for all lands and waters
within the city. The land use plan designates the existing and proposed location,
intensity and extent of use of land and water for agricultural, residential,
commercial, industrial and other public and private uses.
B. Vote Required For Approval: The city council may, by an affirmative vote of four-
fifths (4/5) of all members thereof, adopt amendments to the comprehensive
plan.
C. Initiation Of Amendment: Proceedings for comprehensive plan amendment shall
be initiated by a petition of the owner or owners of the actual property, the use of
which is proposed to be changed, a recommendation of the planning
commission, or by action of the city council.
D. Application For Amendment:
1. Filing Of Application: All applications for amendment to the adopted
comprehensive land use plan which are initiated by the petition of the owner or
owners of the property in question shall be filed in the office of the city clerk and
shall state the exceptional conditions claimed as a basis for the amendment.
2. Sketch Plan:
a. An application for comprehensive plan amendment shall be accompanied
by twenty (20) copies of a sketch plan as specified in this section.
Page 12-1L - 145
b. A sketch plan must include both maps and a written statement, and must
show enough of the area surrounding the property in question to demonstrate the
relationship of the proposed amendment to adjoining uses, both existing and
proposed.
c. The maps which are part of the sketch plan may be in general schematic
form, and must contain the following information:
(1) The existing topographic character of the land.
(2) Existing and proposed land uses and the approximate location of
buildings, utilities, and unique development features of the site.
(3) The location of major thoroughfares.
(4) Public uses, including schools, parks, playgrounds, and other open
spaces.
d. The written statement to accompany the sketch plan must contain the
following information:
(1) An explanation of the character of the proposed use of the property.
(2) A statement of proposed financing for development of the property.
(3) A statement of the present ownership of all of the property in question.
(4) A general indication of the expected schedule of development
including progressive phasing and time schedules, if applicable.
(5) The character and density of dwelling units.
(6) Estimated industrial acreage and projected employment.
(7) Estimated square footage of commercial development.
(8) Estimated amount of developed open space.
E. Referral To Planning Commission: The city clerk shall refer all applications for
amendment to the planning commission. The council may, by resolution, initiate
the request for a comprehensive plan amendment and refer the same to the
planning commission. Upon receipt of the application and application fee, the city
clerk shall establish a date for a public hearing by the planning commission and
shall be responsible for the publication of hearing notices.
Page 12-1L - 146
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F Planning Commission Hearing And Recommendation: The planning commission
shall hold a public hearing affording an opportunity for all parties interested to be
heard. The city clerk shall give not less than ten (10) days' nor more than thirty
(30) days' notice of the time and place of such hearing published in the
designated legal newspaper for the city. Within sixty (60) days after the date of
reference by the council, the planning commission shall make a written report to
the council stating its findings and recommendations. The council may request
further information and report from the planning commission.
G. Action By City Council:
1. The council shall not amend the comprehensive plan without having first referred
it to the planning commission.
2. If the planning commission fails to make a report and recommendation to the
council within sixty (60) days after referral of the application, the council may take
action without further awaiting such recommendation.
3. The council may, by resolution adopted by an affirmative vote of four-fifths (4/5)
of its members, adopt and amend the comprehensive plan or portion thereof so
recommended.
H. Chapter Provisions Supersede Comprehensive Plan: Until such time as this
chapter is amended to conform to the comprehensive plan, this chapter shall
supersede the comprehensive plan; provided, however, that the council shall
take no action in amending this chapter in a manner inconsistent with the
comprehensive plan.
12-11_40: FEES AND DEPOSITS:
A. Base Fees: The base fees to be paid for each application shall be established by
ordinance. Base fees shall be payable at the time applications are filed with the
city clerk and shall not be refundable unless said application is withdrawn prior to
referral to the planning commission.
B. Escrow Deposits: Escrow deposits, in amounts established by ordinance, will be
required to be submitted with planning applications to defray anticipated city
expenses incurred in connection with the application. Any expenses incurred by
the city in excess of the escrow shall be billed to the applicant after all city costs
have been determined. Failure of the applicant to reimburse billed expenses
within thirty (30) days may be cause for revocation of approval action taken by
the city council. Any unused escrow deposit amount shall be returned to the
applicant.
Page 12-1L - 147
12-1 L-11 : VIOLATIONS; PENALTIES:
A. Issuance Of Citations: The city code enforcement officer is hereby authorized to
issue citations for violations of or refusal to comply with the provisions of this
chapter.
B. Violation; Penalty: Any person, firm, corporation or voluntary association which
violates or refuses to comply with any of the provisions of this chapter shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punishable as
provided in section 1-4-1 of this code.
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