Ordinance 592 ZoningCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 592
REPEAL AND REPLACE IN FULL TITLE 12 ZONING
The City Council of the City of Mendota Heights does ordain:
Section 1. City Code Title 12 —ZONING is hereby repealed and replaced in full as follows:
TITLE 12 ZONING
CHAPTER 1: TITLE, PURPOSE AND CONFORMANCE
ARTICLE A. TITLE, PURPOSE AND INTERPRETATION
12-1A-1 Title and Application
This Title shall be known, cited and referred to as the MENDOTA HEIGHTS ZONING
ORDINANCE or except as referred to hereinafter, where it shall be known as "Zoning
Ordinance".
12-1A-2 Intent and Purpose
This Zoning Ordinance 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, recreation 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 land uses and the most appropriate use of land
throughout the City.
H. Providing for the administration of this Zoning Ordinance and amendments thereto.
L Defining the powers and duties of the administrative officers and bodies, as provided
hereinafter.
J. Prescribing penalties for the violation of the provisions of this Zoning Ordinance or any
amendment thereto.
12-1A-3 Application and Interpretation
A. Minimum Requirements. In their interpretation and application, the provisions of this
Zoning Ordinance shall be held to be the minimum requirements for the promotion of the
public health, safety, morals, comfort, convenience, and general welfare.
B. Conflicting Provisions. Where the conditions imposed by any provision of this Zoning
Ordinance are either more restrictive or less restrictive than comparable conditions
imposed by any other law, ordinance, statue, 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 Zoning Ordinance,
12-1A-4 Separability
It is hereby declared to be the intention that the provisions of this Zoning Ordinance which are
separable in accordance with the following:
A. If any court of competent jurisdiction shall judge any provisions of this Zoning
Ordinance to be invalid, such judgement shall not affect any other provision of this
Zoning Ordinance not specifically included in said judgement.
B. If any court of competent jurisdiction shall judge invalid the application of any provision
of this Zoning Ordinance to a particular property, building, or structure, such judgement
shall not affect other property, buildings, or structures.
12-1A-5 Authority
This Chapter is enacted pursuant to the authority granted by the Municipal Planning Act,
Minnesota Statutes, and Sections 462.351 to 462.364, and any other successor chapters and
sections.
ARTICLE B. CONFORMANCE OF USES, STRUCTURES AND LAND
12-1B-1 Relationship to Comprehensive Plan
It is the policy of the City of Mendota Heights that the enforcement, amendment, and
administration of this Zoning Ordinance be accomplished with due consideration of the
recommendations contained in the Comprehensive Plan, as developed and amended from time to
time by the City Council of the City. The City Council recognizes the Comprehensive Plan as the
policy guide for responsible regulation of land use and development in accordance with the
policies and purpose herein set forth.
12-1B-2 Nonconforming Uses, Structures and Land
A. Continuance of Nonconforming Use, Structure or Land. Any structure or use lawfully
existing on the effective date of this Zoning Ordinance 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 Zoning Ordinance.
C. Change of Use.
1. When any lawful nonconforming use of any structure or land in any Zoning 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 Zoning Ordinance 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 has 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 the damage;
an
d
b. The work provided for in the building permit is completed within 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 nonconformity.
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.
F. Structures Under Construction. Any structure which will, under this Zoning Ordinance,
become nonconforming, but for which a building permit has been lawfully granted prior
to the effective date of this Zoning Ordinance 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 Zoning Ordinance or amendment hereto and continued
to completion within two (2) years. Such structure shall thereafter be a legally existing
nonconforming structure.
CHAPTER 2: ZONING DISTRICTS
ARTICLE A. GENERAL PROVISIONS
12-2A-1 Summary
This Chapter establishes the Zoning Districts and their corresponding dimensional standards and
regulations in the City. All parcels within the City are zoned with a Base Zoning District and
may also be zoned with an Overlay District. Defined terms are generally identified by
capitalization and are provided in Chapter 8 of this Zoning Ordinance,
12-2A-2 Zoning Districts Established
A. Table of Established Base and Overlay Districts. The following table is provided to
summarize and identify the Zoning Districts in the City.
Table 12-2A-2.1 Established Base and Overlay Districts
ZONING DISTRICT
ABBREVIATION
Base Residential Districts
Residential
Density Residential
Medium •.Residential
R-2
Residential
Base. Business Districts
General Business
Neighborhood Business
Base Industrial District
Base Other Districts
Elate Park
Overlay Districts
Public/Semi-Public Overlay District
Planned Unit Development• -
-
•.dpl Overlay District
FP-0
12-2A-3 Zoning of Annexed Territory
Annexed territory shall be placed in the Residential Estate (RE) Zoning District until such time
as a detailed study determining its proper use District is undertaken.
12-2A-4 Zoning Map
The boundaries of these Zoning Districts are hereby established as shown on the official map
entitled Zoning Map of Mendota Heights, Minnesota, which map is approved and filed in the
office of the City Clerk, hereinafter referred to as the "Zoning Map." Said map and all 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.
12-2A-5 Boundaries of Districts
A. Boundaries Established.
1. Zoning 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, to the extent
possible, all as they exist upon the effective date of this Chapter.
2. If Zoning District boundary lines do not follow any of the above -described lines, the
Zoning District boundary lines are established as drawn on the Zoning Map,
3. Where a Base Zoning 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 Base Zoning Districts, any portion of such lot within
50-feet on either side of such Base Zoning District boundary line may be used for
either Base Zoning District. However, if any portion of said lot extends beyond the
50-foot limitation, the Base Zoning District line as shown shall prevail.
4. The Minnesota Department of Natural Resources (MNDNR) establishes the boundary
lines of the Mississippi River Critical Corridor Area (MRCCA) Overlay District and
FEMA establishes the boundary lines of the designated floodplain overlay. These
Overlay Districts may be referred to as the Environmental Overlay Districts, and
lands affected by these Districts shall be subject to the boundaries as established by
the regulatory agency which may be updated from time to time.
5. The Public/Semi-Public Overlay (PSP-O) District shall be established as a use -based
district and is only valid if an active public semi-public use, as identified in [12-2C-
1D], is present on the property, otherwise the Base Zoning District shall regulate the
subject property. Per Table [12-313A.1] Table of Uses the listed Public/Semi-Public
Uses shall only be permitted on lands that are contained within the PSP-O as shown
on the Official Zoning Map,
B. Vacation of Public Right-of--Wa}_s. Whenever any street, alley or other public right-of-
way is vacated by official action of the City, the Base Zoning District abutting the
centerline of said alley or public way shall not be affected by such proceeding.
12-2A-6 Applicability of Standards and other Jurisdicfions.
A. This Chapter must be evaluated in coordination with the other Chapters of this Zoning
Ordinance, including the standards established in Chapter 4: Building, Character and
Design Standards that establishes physical site performance standards and regulations.
B. This Chapter establishes that other jurisdicfions have authority over certain lands
contained within the described Overlay Districts, and in the case of any conflict between
regulations the most restrictive standards shall apply, regardless of jurisdiction.
ARTICLE B. BASE ZONIlVG DISTRICTS
12-2B-1 Base Zoning Districts
A. Assigned Base Zoning Districts. All parcels, lots and land within the City are zoned with
a Base Zoning District designation. The Base Zoning Districts establish and assign
dimensional standards for all lots, improvements, subdivisions and other uses as
described and regulated within this Zoning Ordinance. A parcel of land, development or
contiguous area may be subject to an Overlay District which may assign additional
dimensional standards and rules or provide certain flexibility from the standards as
expressly described in other applicable Chapters or Sections.
Table 12-2B-1.1 Base Zoning Districts
Impervious
35%, up to
50%, up to
60%, up to
60%, up to
75%, up to
Surface Area
35%
35%
50%with
65% with
60%p to 75
, u
75%with
75% with
90% with
(maximum)
BMPs2
BMPs2
with BMPsz
BMPsz
BMPsz
BMPsz
Height
35'
25'
25'
60'
60'
35'
30'
45'
(maximum)
See Section I J 2-2B-3.DJ for exceptions regarding existing lots of record platted prior to 1982.
'Best Management Practices (BMPs) are recognized and approved by the most current
Minnesota Pollution Control Agency (MPCA) Stormwater Manual. The Public Works Director
must review and approve all mitigative BMPs prior to the commencement of any site work.
12-2B-2 Residential Estate (RE)
A. Purpose of Residential Estate (RE) Zoning District. The RE Zoning District designates
areas in the community where the predominant use of property is for large lot, single-
family detached uses with supporting accessory uses. Properties zoned RE have a larger
lot size and may or may not be part of a platted neighborhood. Land developed within the
RE Zoning District may be served by private well and septic or connected to municipal
utility services.
B. Permitted Uses. See Chapter 3: Allowed Uses,
C. Zoning District Dimensional Standards. [Table 12-213-2.1] identifies the Dimensional
Standards for Principal and Accessory Structures,
Table 12-2B-2.1 RE Dimensio�¢al and Lot Standards
30,000 square feet
A
Lot Size (minimum)
B
Lot Width (minimum)
125 feet
Front Yard Setback
C
• Newly Created Lot (new plat)
40 feet
• Existing Lot of Record (infll)
See Section [12-4A-3.D 21
e
15 feet interior lot line
D
Side Yard Setback (minimum)
30 feet abutting a street
E
Rear Yard Setback (minimum)
30 feet
Principal Building Height (maximum) 35 feet
w
Rolm
One (1) detached or one (1) attached garage per Lot; see Section [12-
Number (maximum)
4A-8.D.21 for Exception for Two Private Garages on a Lot
Size (maximum)
[el
• If Attached Private Garage 1,200 square feet1,201 —1,500 square feet with CUP
• f Detached Private Garage 75751f eet
—1,000square feet with CUP
• Size for Exception for Two Private
Garages
Front Yard Setback (attached)
Front Yard Setback (detached)
Side and Rear Yard Setbacks (minimum)
• 144 to 2,000 square feet
• Over 2,000 square feet
Height (maximum)
• 144 to 2,000 square feet
• Over 2,000 square feet
Setback from Principal Building (minimum)
Garage Doors
• Width (maximum measured
horizontally)
• Height (maximum)
Up to 21400 square feet based on lot size, see Section [12-4A-8.D 2]
Minimum Front Yard Setback of Principal Building
Behind Principal Building front facade
Corner lots must meet principal building side yard setback
10 feet
15 feet
May not exceed height of pdncipal building
15 feet, 1.5 stories
18 feet, 1.5 stories
36 linear feet as viewed from the public right-of-way
9 feet, or up to 12 feet with Conditional Use Permit
Number (maximum) One (1); See Section (12-4A-8.E.a.iii.] for Exception for two Storage
Buildings if Chicken Coop/Run
Size 144 square feet for one (1) Storage Building; maximum of 225 square
feet of combined Storage Building and Chicken Coop/Run
Front Yard Setback (minimum) Behind Principal Building front facade
Side and Rear Yard Setback (minimum) 5 feet
Height (maximum)
Setbacks
Size
10 feet, 1 story
Must meet all Storage Building yard setbacks
No limit; must meet impervious surface requirements.
Figure 12-2B-2.1 RE Lot Diagram Example
i i -,ere---------•-•-•-• -----i i
I I BSL j I
II II
II II
II II
II
II
II II
I I 81 SF CtkkDn I
I I CW, I
II � II
II II
II II
I I 2nd GeWdM IShWW!
I Prwe G=ge Patio 144G
I I W-stir Bm To uoo
STREET
12-2B-3 Low Density Residential (R-1)
A. Purpose of Low Density Residential (R-1) Zoning District. The R-1 Zoning District
designates areas in the community that are predominantly used for single-family
residential principal and accessory uses. Properties zoned R-1 are primaril developed with
single-family homes, curvilinear roadways, public utilities and front -facing attached
garages. Any future redevelopment is intended to comply with the characteristics and
dimensional standards of the current development pattern.
B. Permitted Uses, See Chapter 3: Allowed Uses.
C. Zoning District Dimensional Standards. [Table 12-213-3.1] identifies the Dimensional
Standards for Principal and Accessory Structures.
D. Excention to Certain Dimensional Standards for Existing Lots of Record.
1. Certain subdivision plats were approved prior to the adoption of the R-1 dimensional
standards established in Table [12-2B-3.1]. An Existing Lots of Record meeting this
exception must be:
a.
Platted prior to
1982;
and
b.
Be substandard
to the
required minimum lot area or lot width, or both.
2. If a lot meets the definition of an Existing Lot of Record as established in (1.) above,
then the following exceptions to Table 12-213-3.1 Dimensional and Lot Standards
shall apply. If the Existing Lot of Record meets the following standards, then it shall
be deemed conforming to the Zoning District Standards.
a. Lot Area must be a minimum of 50% of the lot area established in Table [12-2B-
3.1].
b. Lot Width must be a minimum of 50-feet.
c. Lot may not be created by a new subdivision, or it shall be deemed to be new and
does not meet the definition of an Existing Lot of Record.
d. Minimum Side Yard Setback shall be determined by the closest point of the
existing principal structure, but in no case shall any addition or improvement be
located closer than 54eet from the property line.
Table I2-2B-3.1 R-1 Dimensional and Lot Standards
A
imum15,000
square feet
B
nimum)
;FrontYard
100feet
C
etback
• Newly Created Lot (new plat) — Minimum
30 feet
• Existing Lot of Record (infill) — Minimum
See Section [12-4A-3.D.2]
• Newly Created Lot (new plat) — Maximum
40 feet
• Existing Lot of Record (infill) - Maximum
See Section [12-4A-3. D.2]
10 feet interior lot line
D
Side Yard Setback (minimum)
30 feet abutting a street
E
Rear Yard Setback (minimum)
30 feet
Height (maximum)
25 feet
'
rMOM
One (1) detached or one (1) attached garage per lot; see
Number (maximum)
[Section 12-4A-8.D.21 for Exception for Two Private Garages on
a Lot.
Size (maximum)
1,200 square feet
Attached Private Garage
1,201 -1,500 square feet with CUP
rellff
750 square feet
Detached Private Garage
751 -1,000 square feet with CUP
Up to 2,400 square feet based on lot size, see Section [12-4A-
• Size of Exception for Two Private Garages
8 D 2]
Front Yard Setback (attached)
Minimum Front Yard Setback of Principal Building
F
Front Yard Setback (detached)
Behind Principal Building front facade
Side and Rear Yard Setbacks (minimum)
Corner lots must meet Principal Building side yard setback
H
144 to 2,000 square feet
10 feet
• Over 2,000 square feet
15 feet
Height (Maximum)
May not exceed height of Principal Building
• 144 to 2,000 square feet
15 feet, 1.5 stories
• 23000 to 2,400 Square Feet
18 feet, 1.5 stories
I
Setback from Principal Building
5 feet
Garage Doors
• Width (maximum measured horizontally)
36 linear feet as viewed from the public right-of-way
• Height (maximum)
9 feet, up to 12 feet with Conditional Use Permit
�
v���
See [Section 12-4A-8.E.a.iii.] for Exception for two
Numbe
77=
Buildings if Chicken Coop/Run.
feet for one (1) Storage Building; maximum of 225
Sizeare
eet of combined Storage Building and Chick Coop/Run.
Front Yard Setback (minimum)
enPrincipal Building front facade
G
Side and Rear Yard Setbacks (minimum)
5 feet
Height (maximum)
10 feet, 1,9
Setbacks
Must meet all Accessory Building yard setbacks
No limit; must meet impervious surface requirements for all
Size
combined improvements.
0
35%, or up to 50% with approved Best Management Practices
Impervious Surface Coverage (maximum)
(BMPs)
Figure 12-2B-3.1 R-1 Lot Diagram Example
•-10
feet..---.—.—.
I
SF Chicken
/36
M
Cwi
144 SF
AtlachM
Private
Garage
`� 1
STREET
30'-40' Build -To Line
12-2B-4 Medium Density Residential (R-2)
Purpose of Medium Density Residential (R-2) Zoning District The R-2 Zoning District
designates areas in the community that are developed with small -lot detached residential
or attached residential uses. Properties zoned R-2 are predominantly developed with
duplex, triplex, townhome or rowhome residential uses and are located within platted
developments. The properties designated within the R-2 Zoning District were generally
developed as part of a Planned Unit Development (PUD) and are subject to additional
standards and requirements as established within the PUD.
B. Permitted Uses. See Chapter 3: Allowed Uses,
C. Zoning District Dimensional Standards. Table [12-2B-4.1] identifies the Dimensional
Standards for Principal and Accessory Structures,
Table 124B4.1 R-2 Dimensional and Lot Standards
A I Lot Size (minimum) 5,500 square feet per unit
B Lot Width (minimum) 35 feet per unit
Principal Building Standards
C Minimum Width of Principal Building 20 feet (per unit)
Minimum finished habitable floor area 1,000 square feet
D Front Yard Setback (minimum) 20 feet
0 feet if attached unit
E
Side Yard Setback (minimum)
10 feet interior lot line
30 feet abutting a street
F
Rear Yard Setback (minimum)
30 feet
Height (maximum) 25 feet, 2 stories
age
Number (maximum) One (1) detached private garage or one (1) attached private garage per unit.
Minimum of 220 square feet and maximum of 750 square feet
Size (attached or detached)
751-1,000 square feet with CUP
Front Yard Setback (attached)
Principal Building Setbacks (minimum)
G
Front Yard Setback (detached)
Behind Principal Building front facade
Side and Rear Yard Setbacks
5 feet
(detached)
Must meet Principal Building front yard setback on all road frontage
If corner lot/unit
Height (maximum)
15 feet, 1.5 stories
Setback from Principal Building
H
5 feet
(minimum)
Garage Doors
No more than 36 linear feet can be viewed from the public right-of-way,
Width
measured horizontally
Height (maximum)
9 feet
T
�= I
n
One (1); See [Section 12-4A-8.E.a.iii] for Exception for two Storage
Number (maximum per lot)
Buildings if Chicken Coop/Run.
144 Square Feet for one (1) Storage Building; maximum of 225 Square Feet
Size (maximum per lot)
of combined Storage Building and Chicken Coop/Run.
Front Yard Setback (minimum)
Behind Principal Building front facade
Side and Rear Yard Setback
5 feet
(minimum)
Height (maximum)
10 feet, 1 story
Setbacks
Must meet all accessary building yard setbacks
No limit; must meet impervious surface requirements for all combined
Size
improvements.
Impervious Surface Coverage
35%, or up to 50% with approved Best Management Practices (BMPs)
(maximum)
Parking (minimum)
One (1) space per unit or one (1) space per bedroom, whichever is greater
(1 must be enclosed)
Figure 12-2B-4.I R-2 Lot Diagram Example
STREET
12-2B-5 Multi -Family Residential (R-3)
A. Purpose of Multi -Family Residential (R-3) Zoning District. The R-3 Zoning District
designates areas in the community that are developed with attached multi -family
residential uses and supporting accessory uses. Properties zoned R-3 are predominantly
developed with apartments, condominiums and may include townhomes or rowhomes.
The properties designated within the R-3 Zoning District were generally developed as part
of a Planned Unit Development (PUD) and may be subject to additional standards and
requirements as established within the PUD.
B. Permitted Uses. See Chapter 3: Allowed Uses.
C. Zoning Dimensional Standards. Table [12-2B-5.1] identifies the Dimensional Standards
for Principal and Accessory Structures.
Table 12-2B-5.1 R-3 Dimensional and Lot Standards
Minimum Lot Size Per Unit
3,500 square feet per unit
B
Front Yard Setback
50 feet
C
Side Yard Setback
40 feet
D
Rear Yard Setback
40 feet
Height (maximum)
60 feet; may exceed maximum with CUP
E
Front Yard Setback (minimum)
50 feet
Side and Rear Yard Setbacks (minimum)
Corner lots must meet Principal Building side yard setback
144 to 2,000 Square Feet
10 feet
Over 2,000 Square Feet
15 feet
Height (Maximum)
May not exceed height of Principal Building
144 to 2,000 Square Feet
15 feet, 1.5 stories
Over 2,000 Square Feet
18 feet, 1.5 stories
F
Setback from Principal Building (detached)
5 feet minimum; or as determined by the Building Official
SSi q
One (1); See Section [12-4A-8.E.a.111. for Exception for two
Number (maximum) Storage Buildings if Chicken Coop/Run. All other detached
Storage Buildings Require a CUP.
144 square feet for one (1) Storage Building, maximum of 225
Size
square feet of combined Storage Building and Coop/Run. All
other detached Storage Buildings require a CUP.
Front Yard Setback (minimum)
Behind Principal Building front facade
Side and Rear Yard Setback (minimum)
5 feet
Height (maximum)
10 feet, 1 story
r
r
r
z
Setbacks
Must meet all Storage Building yard setbacks
No limit, must meet impervious surface requirements for all
Size
combined improvements
e
50%, or up to 65% with approved Best Management Practices
Impervious Surface Coverage (maximum)
(BMPs)
One (1) space per unit or one (1) space per bedroom, whichever
Parking (minimum)
is greater
• Enclosed Parking
One space must be enclosed per unit
• Surface Parking minimum setback
40 feet from public ROW and 10 feet from any Principal Building
Design Standards See Section [12-48-3E]
Figure 12-2B-S.l R-3 Lot Diagram Example
1.3 Acre Site
� STREET �
12-2B-6 Mixed -Use (MU)
A. Pumose of Mixed -Use Zoning District. The MU Zoning District designates areas in the
community that are developed with a mix of both residential and business uses within an
area, on an individual parcel, or lot. Properties zoned MU are predominately developed
with a mix of multi -family attached residential uses, retail, and commercial uses. The
properties designated within the MU are regulated by a Planned Unit Development (PUD)
plan and are subject to additional standards and requirements as established within the
PUD.
B. Permitted Uses. The allowed uses are established within the Planned Unit Development
(PUD) agreement for a specific area. Generally, the permitted, conditional, and accessory
uses contained in the R-2, R-3, B-1 and B-2 Zoning Districts are potentially allowable.
See Chapter 3. Allowed Uses for specific uses.
C. Zoning District Dimensional Standards. All MU Districts are subject to a PUD. The PUD
for the development establishes the specific dimensional standards for the development
type. The Base District considerations for residential uses are the R-2 Medium Density
Residential or R-3 Multi -Family Residential Zoning District standards, and for business
uses are the B-2 Neighborhood Business District standards.
12-2B-7 General Business (B4)
A. Purpose of B-1 General Business District. The B-1 Zoning District designates areas in the
community that are developed, or intended to be developed, with retail, commercial,
office, and service uses that serve the larger region. Examples of uses within the General
Business Zoning District may include office or business parks, larger shopping areas, or a
medical service campus. Properties zoned General Business have access to larger
roadways and collectors and are located in areas not intended to connect to residential
neighborhoods.
B. Permitted Uses. See Chapter 3: Allowed Uses.
C. Zoning District Dimensional Standards. Table [12-2B-7.1] identifies the Dimensional
Standards for Principal and Accessory Structures.
Table I2-2B-7.1 General Business Dimensional and Lot Standards
Lot Size (minimum)
20,000 square feet
A
B
Lot Width (minimum)
150 feet
C
Front Yard Setback (minimum)
50 feet
• Abutting a major thoroughfare
100 feet
D
Side Yard Setback (minimum)
40 feet
• Adjacent to a street
40 feet
• Adjacent to a Residential District
50 feet
E
Rear Yard Setback (minimum)
40 feet
• Adjacent to a Residential District
50 feet
Two (2) stories or 35 feet (height exceeding 30 feet must obtain
Height (maximum)
a CUP)
M91 05
w R M ,
� '"�
�,!r
-w`.•"�"yA. .Lµ , �:...✓r-3,"r�'r��l':�--.a? ., ....�.M-�z�'r� m.„�-_.3�.r.,. v >
Front Yard Setback Behind Principal Building
F
Side and Rear Yard Setbacks (minimum)
• Less than 144 Square Feet
5 feet
• 144 to 2,000 Square Feet
10 feet
• Over 2,000 Square Feet
15 feet
G
Setback from Principal Building (minimum)
5 feet
Height (maximum)
May not exceed height of Principal Building
Size and Number
One (1) Storage Building not to exceed 144 Square Feet is
Permitted; All other requires CUP
Accessory Structure (not meeting definition of Building)AMR-
Setbacks
Must meet all Accessory Building yard setbacks
Size
No limit, must meet impervious surface requirements for all
combined improvements.
Other
Building Coverage (maximum)
50%
Impervious Surface Coverage (maximum)
60%, or up to 75% vdth approved Best Management Practices
(BMPs)
Parking
See [Section 12-4A-9]
Figure 12-2B-7.1 General Business Lot Diagram Example
JIRLCI
12-2B-8 Neighborhood Business (B-2)
A. Purpose of Neighborhood Business (B-21 District. The B-2 Neighborhood Business
Zoning District designates areas in the community that are developed, or intended to be
developed, with small-scale retail, commercial and service uses that are supportive of the
surrounding residential neighborhoods. Properties zoned B-2 are located along key
neighborhood corridors and at neighborhood nodes and are intended to serve the local
community.
B. Permitted Uses, See Chapter 3: Allowed Uses.
C. Zoning District Dimensional Standards. Table [12-213-8.1] identifies the Dimensional
Standards for Principal and Accessory Structures.
Table 12-2B-8.1 Neighborleood Business Dimensior¢al and Lot Stmxdnrds
. e -
Lot Size (minimum) 15,000 square feet
A
B
Lot Width (minimum)
100 feet
Front Yard Setback (minimum)
20 feet
C
D
Side Yard Setback (minimum)
15 feet or equal to height of structure, whichever is greater
E
Rear Yard Setback (minimum)
30 feet or equal to height of structure, whichever is greater
If adjacent to Residential Base Zoning District
50 feet from all property lines
or Residential Use
Height (maximum) 3 stories or 30 feet, whichever is less
F
Front Yard Setback Behind Principal Building
Side and Rear Yard Setbacks (minimum)
• Less than 144 Square Feet
5 feet
• 144 to 2,000 Square Feet
10 feet
• Over 2,000 Square Feet
15 feet
G
Setback from Principal Building (minimum)
5 feet
Height (Maximum)
May not exceed height of Principal Building
One (1) Storage Building not to exceed 144 Square Feet is
Size and Number
Permitted; All other requires a CUP
��dilcJ
z'�r
Setbacks
Must meet all Accessory Building yard setbacks
No limit, must meet impervious surface requirements for all
Size
combined improvements.
e
Building Coverage (maximum)
50
60%, or up to 75% with approved Best Management Practices
Impervious Surface Coverage (maximum)
(BMPs)
Parking
See Section [124A-9]
Figure 12-2B4.1 Neighborhood Business Lot Diagram Example
STREET
12-2B-9 Industrial (I)
A. Purpose of Industrial (I) District. The Industrial Zoning District designates areas in the
community that are developed, or intended to be developed, with light and creative
industrial uses. Examples of uses within the Industrial Zoning District may include
warehouses, light manufacturing, office, and utilities.
B. Permitted Uses, See Chapter 3: Allowed Uses,
C. Zoning District Dimensional Standards. Table [12-213-9.1] identifies the Dimensional
Standards for Principal and Accessory Structures,
Table 12-2B-9.1 Industrial Dimensional and Lot Standards
A Lot Size (minimum) 1 acre
B Lot Width (minimum) 100 feet
Front Yard Setback (minimum)
40 feet
Front Yard Setback (minimum)
50 feet abutting a Residential Base Zoning District or Residential
C
Use
30 feet interior lot line
40 feet abutting a public street
D
Side Yard Setback (minimum)
50 feet abutting a Residential Base Zoning District or Residential
Use
50 feet
E
Rear Yard Setback (minimum)
100 feet abutting a Residential Base Zoning District or Residential
Use
Height (maximum)
45 feet
Parking Spaces or Aisles
F
From any Public Right -of -Way (ROW)
20 feet
Any building or lot line
10 feet
Front Yard Setback
Behind Principal Building
F
G
Side and Rear Yard Setbacks (minimum)
• Less than 144 Square Feet
5 feet
• 144 to 2,000 Square Feet
10 feet
• Over 2,000 Square Feet
15 feet
H
Setback from Principal Building
5 feet
Height
May not exceed height of Principal Building
One (1) Storage Building not to exceed 144 Square Feet is
Size and Number
Permitted; All other requires CUP
!#CCe9S�
jLi)[tCtilr9ICt�t
r
Now
kV
s ,
Setbacks
Must meet all Accessory Building yard setbacks
No limit, must meet impervious surface requirements for all
Size
combined improvements.
Building Coverage (maximum)
50%
75%, up to 90 % with approved Best Management Practices
Impervious Surface Coverage (maximum)
(BMPs)
Parking
See [Section 12-4A-9]
Figure 12-2B-8.1 Industrial Lot Diagram Example
� STREET
12-2B-10 State Park (SP)
A. Purpose of State Park District. The State Park District designates areas which are owned
by the State of Minnesota Department of Natural Resources and located within Fort
Snelling State Park,
B. Permitted Uses. The uses permitted in the areas designated as State Park shall be as
regulated and permitted by Minnesota Department of Natural Resources.
I Zoning District Dimensional Standards. The City of Mendota Heights incorporates the
Minnesota Department of Natural Resources (MNDNR) any applicable dimensional
standards by reference into this Chapter.
ARTICLE C. OVERLAY ZONING DISTRICTS
12-2C-1 Public/Semi-Public Overlay District (PSP-O)
A. Purpose of Public Semi -Public (PSP) Overlay District The PSP Overlay Zoning District
designates areas in the community that are developed and used for public and semi-public
uses that are non-residential. Examples of uses within the PSP Overlay Zoning District
may include schools, golf courses, cemeteries, parks, municipal buildings, religious
campuses. Properties zoned Public Semi -Public Overlay are often adjacent to existing
neighborhoods and serve the residents of the community.
B.
Termination
of
PSP
Overlay
Use. If a property that
is zoned PSP-O
is no
longer used
consistent with the standards
established herein, the
Base Zoning
District
standards,
regulations and provisions shall govern.
C. Permitted Uses. See Chapter 3: Allowed Uses and reference the applicable Base Zoning
District and Public/Semi-Public Uses. Within the Residential Zoning Districts defined as
RE, R-1, R-2 and R-3 the Public/Semi-Public uses are only permitted within a designated
PSP-O district area.
D. Zoning District Dimensional Standards. Table [12-2C-1.1] identifies the Dimensional
Standards for non-residential Principal and Accessory Structures.
Table I2-2C-1.1 PSP-O Dimersional StarTdards
Lot Size (minimum) 1 acre
Lot Width (minimum)
100 feet
Front Yard Setback (minimum)
75 feet
Side Yard Setback (minimum)
50 feet
Rear Yard Setback (minimum)
50 feet
Height (maximum)
Base Zoning District, or up to 40 feet with CUP
Front Yard Setback
Principal Building Setback or Behind Principal Building, if present
Side and Rear Yard Setbacks
• Less than 144 Square Feet
10 feet
• 144 to 2,000 Square Feet
20 feet
• Over 2,000 Square Feet
50 feet
Setback from Principal Building
5 feet
May not exceed height of Principal Building; or 25 feet whichever is
Height
greater
One (1) Storage Building not to exceed 144 square feet is Permitted;
Size and Number
All other requires CUP
A WIN I 9 3
irn9)
;
Setbacks
Must meet all accessory structure setbacks
No limit; must meet impervious surface requirements for all
combined improvements,
Other Standards
Building Coverage (maximum)
Impervious Surface Coverage (maximum)
60%, or up to 75% with approved Best Management Practices
12-2C-2 Planned Unit Development Overlay Districts (PUD)
A. Purpose of Planned Unit Development Overla Zoning Districts (PUD The purpose of
the Planned Unit Development is to encourage innovative and creative development of
land that would not be permitted under the strict application of a Base Zoning District.
Such innovative or creative development may be:
1. Development that preserves the natural and scenic quality of open areas.
2. Development that encourages a diverse mix of housing types.
3. Usage of multiple Base Zoning Districts within one development area.
4. Other development solutions as approved by the City Council,
B. PUD as an Overlay Zoning District. All proposed PUD developments must be rezoned
with a Base Zoning District(s) and a designating PUD Overlay.
C. Permitted Uses. The permitted, conditional and accessory uses are generally as established
within the Base Zoning District. Flexibility, modifications or additional restrictions
regarding uses shall be established by the City Council during the PUD approval process.
D. Required Standards. A PUD Overlay District must demonstrate the following:
1. That the development and design is an appropriate use for the property and is
compatible with surrounding development.
2. That the streets and utilities are adequate and do not adversely affect the economical
an
d efficient delivery of municipal services.
3. That the scale of the development is compatible with adjacent land uses and is
consistent with the standards established in Chapter 4 of this Zoning Ordinance.
E. Overlay District Dimensional Standards. A separate PUD Overlay District shall govern
each development project or development area. The PUD must identify a Base Zoning
District from which the development is derived. The PUD must clearly state the
dimensional standards from which flexibility is requested. If approved, the approved
standards for the PUD shall be established within the PUD Agreement and shall be
deemed the Dimensional Standards for that PUD Overlay District. The process and
administration for each PUD Overlay District is established in Chapter 5 of this Zoning
Ordinance.
12-2C-3 Floodplain Overlay District (FP-O)
A. Purpose of Floodplain Overlay (FP-0) District. The FP-O Zoning District identifies lands
that are designated by the Federal Emergency Management Agency (FEMA) as contained
within the floodway or floodway that is further defined in Title 15: Environmental
Standards of the City's Code of Ordinances.
B. FP-O as an Overlay Zoning District. The land contained within the FP-O may not follow
parcel boundaries or lot lines and the standards established are applicable to that portion
of a property within the mapped overlay. Determination of the land area contained within
the FP-O is determined by the FIRM maps that are managed and produced by FEMA. The
process for amending or modifying the boundaries is established and regulated by FEMA
or its designated assigns.
C. Permitted Uses. The Permitted Uses are established for the Floodway and Floodplain
District Areas as follows:
1. Floodway District Permitted Uses.
a. 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 services structures.
b. Low damage or no damage potential uses such as agriculture, parking lots, parks,
recreation areas and docking facilities. Provided that no building, structure or
improvements are erected, and no filling or grading is undertaken unless they are
designed and constructed to not obstruct flood flow. Plans for such work must be
approved in writing by the Public Works Director and must be filed with the City
Council.
2. Floodplain District Permitted Uses. All buildings, structures, construction grading
and deposits that are permitted under the Base Zoning District as established in
Chapter 3. Allowed Uses, provided that:
a. No residence shall be constructed unless the ground upon which such residence is
to be erected, and 2 4ud 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 (l') above the design flood
elevation as shown on the FIRM maps, and the first floor of such residence shall
not be less than three feet (3') above the design flood elevation.
b. 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.
c. 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 State Statutes.
d. Construction of streets, residences and other buildings at elevations below design
flood elevations may be permitted if adequate flood protection is provided. Any
flood protective works must be approved in writing by the City Council prior to
the granting of building permits.
e. Issuance of Building Permit. Before a building permit shall be issued for a
building, structure, construction, grading or deposit for a floodway or floodplain,
the applicant must provide a completed application 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 and Zoning Ordinance
15: Environmental Standards,
D. Overlav District Dimensional Standards. The dimensional standards are as established
within the Base Zoning District and within Zoning Ordinance Title 15: Environmental
Standards,
12-2C-4 Mississippi River Corridor Critical Area (MRCCA) Overlay District
A. Purpose of MRCCA Overlav District. The purpose of the MRCCA Overlay Zoning
District is to establish standards and requirements for land within proximity to the
Mississippi River Corridor. The standards and areas contained within the MRRCA
Overlay District are established in Chapter [6] of this Zoning Ordinance,
B. Permitted Uses. The permitted, conditional and accessory uses are generally as established
for the Base Zoning District as identified in Chapter 3. Allowed Uses. Additional
standards regarding land within the MRCCA Overlay District boundary are established in
Chapter 6. Mississippi River Corridor Critical Area.
C. Overlay District Dimensional Standards. The dimensional standards of the Base Zoning
District and as contained within Chapter [6] shall be applicable.
CHAPTER 3: ALLOWED USES
ARTICLE A. GENERAL PROVISIONS
12-3A-1 Uses contained in this Chapter.
A. Purpose. This Chapter is intended to describe the land uses that are permitted; permitted
provided certain performance standards or requirements are met; permitted with a
conditional or interim use permit; or that are prohibited within the City.
B. Uses within the Base Zoning District. This Chapter is organized to establish the allowed
and prohibited uses by Base Zoning District. All properties and land within the City have
been assigned a Base Zoning District that shall regulate the uses contained within this
Chapter.
C. Uses within an Overlay District. Properties fully or partially contained within an Overlay
District may be subject to additional standards, requirements, or prohibitions regarding
use. Established uses are categorized by the Base Zoning District, with additional
restrictions, regulations or prohibitions provided in the applicable Overlay District
following the Table of Uses.
D. Required Permits and Process. If a use requires an Administrative, Conditional, Interim or
Administrative Permit the process shall be followed as described in Chapter [5] of this
Zoning Ordinance,
12-3A-2 Uses not Identified in this Chapter.
A. Uses not identified in this Chapter. If a proposed use is not specifically identified,
permitted or prohibited in any Base Zoning District, the use shall be considered
prohibited. In such case, the following steps may be taken to consider a Text Amendment
to this Chapter:
1. The City Council or Planning Commission, on their own initiative, may conduct a
study to determine if the use is acceptable, and if so, initiate a Text Amendment.
2. The Applicant, and the Fee Owner of the property if different, may make an
application to the City to consider an amendment to this Chapter.
3. When a valid request, as established by subsection I or 2, is made for a Text
Amendment the City shall initiate a study to determine if the use is appropriate, and if
so, what Base Zoning District is most appropriate. The study shall also include any
conditions and standards relating to the use.
4. The Zoning Text Amendment Process shall follow the process as established in
Section [12-5B-3] of this Zoning Ordinance.
12-3AM3 General Standards Applicable for Uses
A. Other Aeencies with Jurisdiction of Uses in the City. In addition to the standards and
regulations established by the City contained within this Chapter, any use of property
must comply with the standards established by other regulatory agencies and authorities
that may have jurisdiction over the use. It is the Applicant or Property Owner's
responsibility to comply with any required regulations, standards and permitting of other
agencies. The following list of other agencies are provided as reference, but such list may
not be all inclusive.
1. Minnesota Department of Natural Resources (MnDNR), Minnesota Pollution Control
Agency (MPCA), Minnesota Department of Health, Minnesota Board of Water and
Soil Resources, Minnesota Department of Transportation (MnDOT), Minnesota
Department of Agriculture, Dakota County, Federal Communications Commission
(FCC).
ARTICLE B. PERMITTED AND PROHIBITED USES
12-3B-1 Table of Uses
A. Table of Uses. The following Table [12-3B-1.1] Table of Uses is organized by Use
Type/Classification and Base Zoning District. The Table of Uses classifies the identified
use as either permitted, permitted through regulation, requirement, permit or prohibited.
B. EstablishinQ Principal Use. The Table of Uses generally identifies principal uses of
property except the subsection which explicitly identifies Accessory Uses. Each property
must establish a Principal Use; however more than one use of a property may exist. In all
cases the proper permits must be obtained for any principal or accessory uses of a
property. It should be noted that if a mix of uses is present on a property the property may
be subject to a Planned Unit Development (PUD).
Table 12-3B-1.1 Table of Uses
P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not ident�ed on the Table, then it is
BASE ZONING DISTRICTS
m
Land UseCo
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x
Gl
d
A
a
c
J
N
�
RESIDENTIAL USES
Customized (assisted) living facilities
Farming Operations
Manufactured home park
Mixed Use Building including residential
use
Multi -family attached dwelling units (5-24
Units)
Multi -family attached dwelling units (25+
Units)
Nursing homes, rest homes or retirement
homes
Single Family Detached Dwelling Unit
Single Family Attached Dwelling Units (2-
4 Units)
State licensed residential program with a
licensed capacity from seven (7) through
sixteen (16) persons
Adult Uses
Animal hospital (rat clinic, veterinary
clinic, or similar)
Armories, convention halls, community
centers, sports arenas and stadiums
(excluding school uses)
CUP CUP CUP CUP CUP
P P P WCUPCUP
CUP I P 1 CUP
CUP 1 CUP
m
Use Specific
Section
m'
(See referenced
o
section for more
m O
o
c
information; other
s
requirements may
also apply)
CUP
CUP CUP CUP CUP
P CUP CUP
P P P
12-3B-3B.1
12-3B-3B.2
CUP I CUP 1 CUP I CUP I CUP I I 12-3B-3B.3
CUP 12-3B-4B.1
CUP CUP 12-313-413.2
CUP CUP CUP
P Permitted Principal Use
CUP Conditional Use Permit
]UP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note. If a use is not identified on the Table, then it is prohibited.
BASE ZONING DISTRICTS
A
y
Use Specific
N
C
C
y
G
Section
Land Use
N
N
y
N
C=
W
y
y
y
m
N
(See referenced
w
y
y=1d
m
m c-
section for more
ao
v
o
g
o
information; other
IF
oE
'=
requiremants may
0
also apply.)
JIII,
g
Art studio, interior decorating studio,
CUP
photographic studio, music studio,
CUP
provided no retail sales are made of
products not manufacturing on the site
Banks and banking institutions without
P
P
P
drive-in facilities
Boats and marine sales when conducted
P
entirely within a building
Bowling alleys, billiard and pool rooms,
CUP
skating rinks, liquor stores, fraternal
CUP
CUP
organizations and similar uses
Brewery, Cidery or Micro -Distillery
CUP
CUP
CUP
CUP
12-313-413 3
Commercial recreation, when conducted
CUP
CUP
within a completely enclosed building
Commercial recreation, outdoor
CUP
CUP
CUP
CUP
12-3B-4BA
Crematorium
CUP
Daycare centers
P
P
P
Drive through/Drive-in business
CUP
CUP
CUP
12-313-46.5
Dry cleaning and laundry service
CUP
CUP
CUP
Fitness and health club
CUP
P
CUP
CUP
Food Trucks
AP
AP
AP
AP
AP
AP
AP
AP
Food Hall
CUP
CUP
CUP
Funeral homes and mortuaries
CUP
CUP
P Permitted Principal Use
CUP Conditional Use Permit
[UP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
BASE ZONING DISTRICTS
m
O
d
Use Specific
d
v
y
c
Section
Land Use
d
n
H
m
(See referenced
,L
LU
,�
o:
m
v�
m
_
section for more
2:0m
C .y
ob
o
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m
o
information; other
o
'=
requirements may
also apply)
0
z
Garden supply store, provided it is
conducted entirely within an enclosed
P
P
structure
Greenhouse, commercial, provided all
outside storage is fenced in such a
manner so as to screen the stored
P
P
material from view when observed from
the public street
Laundromat of the self-service type
P
P
P
Massage therapy business, subject to the
P
P
P
licensing requirements of this code
Massage therapy services to the general
public for purposes of a teaching
program accredited by the National
Certification Board for Therapeutic
Massage and Bodywork and the
Accrediting Commission of Career
CUP
CUP
Schools and Colleges of Technology as
an accessory use to colleges,
universities, and permitted
postsecondary institutions in which no
fee is charged for the services
Medical and dental clinics or services
P
P
P
CUP
Motel and hotel
CUP
CUP
12-313-46.6
Motor fuel stations and motor fuel station
CUP
CUP
CUP
CUP
12-3B-4B.7
convenience stares
Offices (non -retail)
P
P
P
P
P Permitted Principal Use
CUP Conditional Use Permit
]UP Interim Use Permit
AP Administrative Permit
blank Prohibited
"Note: If a use is not identified on the Table, then it is prohibited.
BASE ZONING DISTRICTS
m
H
Use Specific
Section
Land Use
w
N
d
d
c
=
d
W
d
H
m
(See referenced
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W
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CK
d
m
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O
section for more
C
0!
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m
Co
v
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information; other
o
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t
requirements may
c9
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also apply)
Optical and jewelry sales or
manufacturing
P
P
P
P
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
P
is operated so as to not cause offensive
odor or noise
Pipe and tobacco shop
CUP
CUP
CUP
Publishing houses, printing shops
P
Private clubs and lodges
CUP
CUP
CUP
Radio and television repair
P
Research centers and laboratories
p
Residential programs for treatment of
chemically dependent adults
CUP
12-36-4B.8
Restaurant, cafe, tearoom, coffee shop,
ice cream shop, delicatessen, etc. no
P
P
P
CUP
drive-in
Retail Sales and Services less than
15,000 square feet (e.g, clothing shop,
book store, pharmacy, grocery store,
p
p
p
12-3B-4B.9
barbershop, salon, etc.)
Retail Sales and Services greater than
15,000 square feet (e.g, clothing shop,
book store, pharmacy, grocery store,
CUP
CUP
P
12-3B-46.10
barbershop, salon, etc)
P Permitted Principal Use
CUP Conditional Use Permit
]UP Interim Use Permit
AP Administrative Permit
blank Prohibited
`Note: If a use is not identified on the Table, then it is prohibited.
BASE ZONING DISTRICTS
c
Use Specific
Section
Land Use
(See referenced
O
' w
"'
v
ca
o
section for more
d
m
m O
_
O
information; other
-
o
requirements may
_
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also apply)
J
Sporting goods store, excluding the sale
P
P
P
of firearms of any variety or ammunition
Theaters, excluding drive-ins
CUP
CUP
CUP
Ticket offices and travel bureaus
P
P
Airports, truck and freight terminals, team
CUP
tracks and open sales lots
Alternative Energy Systems (Ground
mounted solar energy systems that are
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
12-36-5B.1
accessory to the principal use of the land
and are designed to onsite uses)
Alternative Energy Systems
(Roof mounted solar energy systems that
are accessory to the principal use of the
P
P
P
P
P
P
P
P
12-36-5BA
land and are designed to supply energy
to on site uses)
Automobile and other vehicles of
transportation sales when conducted
P
CUP
entirely within a building
Automobile repair, major or minor, when
conducted completely within an enclosed
CUP
CUP
CUP
P
building
Bus terminals and maintenance garages
CUP
P
P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
BASE ZONING DISTRICTS
m
N
d
Use Specific
_
D
N
C
Section
Land Use
LL,
d
m
o
(See referenced
W N
N
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section for more
C @
C 0
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K
0
C
information; other
3
w
_
requirements may
d
z
also apply.)
Dog daycare, may include overnight
boarding
CUP
Dog training facility
CUP
12-36-58.2
Electrical service, heating, plumbing,
appliances, upholstery or air conditioning
service shop, provided they do not
CUP
CUP
employ more than six (6) persons in
repair or processing
Essential service structures
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
12-3B-58.3
Landscaping, and construction, requiring
12-3B-5B.4
equipment
P
Manufacturing, conducted within a
completely enclosed building (Excluding
P
P
the manufacturing uses as expressly
defined in this Table of Uses)
Manufacturing, conducted within a
completely enclosed building, of one or
more of the following: Batteries,
laundries, metal polishing and plating,
paper products from previously
C
processed paper, rubber and synthetic
rubber products, sheet metal work,
ornamental iron, welding, stamping
P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
BASE ZONING DISTRICTS
'"
m
�
'"
N
d
Use Specific
Section
Land Use
w
d
W
m
N
H
m
(See referenced
LU
00
m o—
section for more
m
m
X
d
=`o
c
information; other
requirements may
0
z
also apply.)
Outdoor storage and display of materials
and equipment accessory to landscaping
CUP
12-38-5B.5
and building design and construction
Personal self -storage facility
CUP
12-3B-5G
Sales and servicing of heating
equipment, air conditioning equipment
and electrical appliances; provided, that
there shall not be more than six (6)
CUP
CUP
P
persons employed upon said premises in
the repair or servicing of said equipment
or appliances
Stone and monument sales
CUP
CUP
Scientific research, investigation, testing
and experimentation, including
CUP
CUP
P
laboratories
Railroad spurs and siding
P
Ready mix concrete and concrete
CUP
products plants
Through train operation, but not
switching, storage or any other railroad
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
operation
P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
'Note: If a use is not identified on the Table, then it is prohibited.
BASE ZONING DISTRICTS
O
m
_
—
a+
Use Specific
N
C
v
N
a
H
N
C
Section
Land Use
H
d
(See referenced
m'
m g
—
section for more
E6
a
o
E
t`o
information; other
r
d—
e
t
requirements may
g
0
rn
d
z
also apply)
Uses which are permitted under Section
[12-11-5] of this Chapter which involve the
storage or uses of materials which
CUP
CUP
decompose by detonation
Warehousing and distribution, abutting a
Residential Base Zoning District
CUP
CUP
12-3B 5B.6
Warehousing and distribution, not
abutting a Residential Base Zoning
CUP
P
District
Wholesale office and showroom
P
P
Wireless Antennas, Towers, and
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
12-3B-5B.7
Accessory Structures
PUBLICISEMI-PUBLIC USES (Note that PSP Uses in RE, R-1, R•29 and R•3 are only Permitted within the designated PSP-O
district as shown on the Official Zoning Map)
Business or trade school when
CUP CUP
conducted entirely within a building
Cemeteries and/or cemetery structures;
provided, that no buildings shall be
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
located within fifty feet (50') of any
abutting property line
Colleges, universities, and post-
secondary schools, public and private
includes postsecondary skill based
educational institutions that offer
CUP
CUP
CUP
programs that award certificates,
degrees, or certified training to full and/or
part time students
P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
`Note: If a use is not identified on the Table, then it is prohibited.
BASE ZONING DISTRICTS
m
c
"
Use Specific
Section
Land Use
m'
(See referenced
°
-a;
m
v
m
—
section for more
W
rh
a
information, other
o
LL
requirements may
m
also apply)
J
®
z
Cultural Centers, Places of Assembly
CUP
CUP
12-313-613.1
Elementary, Middle, and Secondary,
CUP
CUP
CUP
CUP
CUP
CUP
CUP
12-3B-6B.3
public and private
Golf courses, country clubs, tennis clubs,
CUP
CUP
CUP
CUP
CUP
CUP
public swimming pools, archery range
Governmental buildings and structures
CUP
CUP
CUP
CUP
12-3B.6BA
Historical buildings, museums, art
CUP
CUP
CUP
institutes, galleries and playhouses
Hospitals for human care, sanatoriums,
CUP
CUP
CUP
CUP
CUP
CUP
CUP
rest homes and nursing homes
Library
CUP
CUP
P
P
Municipal buildings and structures
CUP
CUP
CUP
CUP
P
P
P
P
12-38-6BA
Off leash dog area (not associated with
IUP
]UP
12-3B-6B.5
multi -family residential use)
Outdoor Recreational Facilities, including
12-313-613.6
CUP
CUP
CUP
CUP
P
P
P
P
Athletic Fields
Public parks and playgrounds
P
P
P
P
P
Private nursery and/or daycare schools
CUP
CUP
CUP
CUP
CUP
12�313-6B.7
Religious institutions and places of
CUP
CUP
CUP
CUP
CUP
worship
12-3B-6B.8
ACCESSORY USES
P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note. If a use is not identified on the Table, then it is prohibited.
BASE ZONING DISTRICTS
A
4
Use Specific
a
m
c
y
Section
Land Use
N
(See referenced
m
IT
—
section for more
w
G
x
ao
g
information; other
3
requirements may
z
also apply)
Accessory Buildings or Structures (CUP
AP
AP
AP
AP
AP
AP
AP
AP
required as regulated by use or Zoning
(CUP
(CUP
(CUP
(CUP
(CUP
(CUP
12-4A-7B.1
(CUP)
(CUP)
District)
)
)
)
)
)
)
Buildings temporarily located for
purposes of constructing on the premises
AP
AP
AP
AP
AP
AP
AP
for a period not to exceed time necessary
for such constructing
Commercial Outdoor Recreation
facilities, must be accessory to principal
CUP
CUP
CUP
CUP
building with compatible use
Enclosed retail sales accessory to
permitted industrial use
CUP
12-3B-7B.2
Gardening and other horticultural uses
where no sale of products is conducted
P
P
P
P
P
on the premises
Home occupation
P
P
P
P
P
12-313-713.3
Incidental repair, processing or storage
necessary to conduct a permitted
principal use not to exceed more than 20
AP
AP
AP
AP
percent of the gross floor area of the
principal building
Keeping of bees
AP
AP
AP
12-3B-7B.4
Keeping of chickens for noncommercial
TAPAP
AP
AP
AP
12-4A-7B.5
purposes
Keeping of Domestic animals
P
P
P
P
P
Keeping of Livestock (typical farm
FOR
AP
AP
animals)
DISCUSSION
P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
'Note: If a use is not identified on the Table, then it is prohibited.
BASE ZONING DISTRICTS
Use Specific
o
d
H
ui
Section
land Use
N
a
N
N
G
ui
w
m
W
d
(See referenced
LU
w
_
`
section for more
oc
c
information; other
o
E
i
requirements may
z
also apply.)
Off -leash dog area or run (typically
AP
AP
associated with multi -family use)
Off street parking
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
124A-7B.6
Outdoor Storage
CUP
CUP
Private swimming pool, tennis courts, or
similar recreational facilities intended for
AP
AP
AP
12-3B-7B.7
use by the occupants of a multi -family
building and their guests of the property
Signs
AP
AP
AP
AP
AP
AP
AP
AP
12-4A-7B.8
Temporary storage of hazardous waste
P
P
P
P
Video/electronic display scoreboard for
an athletic field on the campus of a
AP
AP
AP
AP
AP
12-313-713.9
school
12-3B-2 Use Specific Regulations
A. Minimum Standards Established. The following Use Specific Regulations are established
as minimum requirements. Any use identified on [12-3B-1.1 Table of Uses] that requires
an Interim Use Permit or Conditional Use Permit may be subject to additional reasonable
conditions as established during the applicable permitting process.
B. Applicability. All uses must comply with the rules and regulations of the Base Zoning
District, and any applicable Overlay District. Any use must also meet the rules and
regulations of any other applicable agencies with jurisdiction of the subject use including
local, State and Federal Agencies,
12-3B-3 Residential Use Specific Regulations
A. General Residential Standards. The City has determined that a variety of residential uses
are permitted or permitted with certain conditions provided certain standards and
regulations are met, and that proper permitting and processes are followed. The following
standards are applicable to all uses identified in the RE, R-1, R-2 and R-3 Base Zoning
Districts:
1. A principal residential use shall be present on each property.
2. Separate licenses or permits, which may be regulated by other Titles or Chapters of
the City Code may be applicable and it is the responsibility of the Owner to obtain all
necessary or required permits.
3. Accessory uses must be clearly incidental to the principal residential use.
B. Specific Residential Use Standards: The following specific use standards are established
for Residential Uses as identified on the Table of Uses [12-3B-1.1] and are organized
alphabetically.
1. Customized (Assisted) Living Facilities .The following standards are established:
a. The assisted living facility is state licensed.
b. A maximum of seven (7) persons (not including the facility manager and
professional care attendants) may reside on the premises.
c. A maximum of six (6) sleeping rooms (not including rooms utilized by the house
manager and professional care attendants) per facility.
d. Facility residents must be 65 years of age or older.
e. The Applicant must provide proof that room size meets current state licensing
standards for two (2) persons.
£ Facilities shall only be constructed or altered in a manner that is consistent with
the single-family character of the neighborhood.
g. The property must be compliant with the City's property maintenance code, as
well as other applicable municipal codes, including, but not limited to, minimum
parking requirements.
2. Farming Operations. All existing farms will be permitted to continue operation after
the abolition of the Farm Residence District within the City, subject to the following
conditions:
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 100-feet or more from any other lot in an R
District.
b. Sales Of Agriczrltural 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 500 square feet in floor area, and no portion of any such
stand shall be located or erected nearer than 504eet from any street line.
3. State Licensed Residential Program. The following standards are established:
a. Must be a licensed program with capacity from seven (7) through 16 persons.
b. Must obtain a Conditional Use Permit.
c. The City Council may set reasonable conditions deemed necessary to assure
proper maintenance and operation of a residential program that protects the health
an
d safety of the residents of the facility.
12-3B-4 Business/Commercial Use Specific Regulations
A. General Standards. The City has determined that the following uses are permitted
provided certain regulations and standards are met, and that proper permitting and
processes are followed. The following standards shall be applicable to all uses identified
in the Neighborhood Business and General Commercial Zoning Districts:
1. Any non-residential principal use shall meet the following minimum requirements,
regardless of Base Zoning District:
a. Non-residential Principal Use: A minimum setback of 50-feet from all property
lines abutting a Residential Base Zoning District or established residential use.
b. Any Use or Structure associated with the keeping of animals: 100-feet setback
from all property lines abutting a Residential Base Zoning District or established
residential use.
c. A Site Plan must be submitted for review and approval for any proposed changes
or modifications to the exterior of building, site, or for a change in use, as
established in Section [12-5B-4].
B. Specific Business/Commercial Use Standards. The following specific use standards are
established for Business/Commercial Uses as identified on the Table of Uses [12-3B-1.1]
an
d are organized alphabetically.
1. Adult Uses.
aI Intent and Purpose.
(1.) The City Council for the City of Mendota Heights deems it necessary to
provide for the special and express regulation of businesses or commercial
enterprises which operate as adult uses and similar sexually -oriented
services operating under different names in order to protect the public
health, safety and welfare, and to guard against the inception and
transmission of disease.
(2.) The City Council also fmds the nature of Adult Uses is such that they are
recognized as having adverse secondary characteristics, particularly when
they are accessible to minors and located near residential property or related
residential uses such as Schools, Daycare Centers, Libraries or Parks.
Furthermore, the concentration of Adult Uses has an adverse effect upon the
use and enjoyment of adjacent areas. The nature of Adult Uses requires that
they not be allowed within certain zoning districts, or within minimum
distances from each other or residential uses. Special regulation of Adult
Uses is necessary to ensure that the adverse secondary effects will not
contribute or enhance criminal activity in the area of such uses nor will it
contribute to the blighting or downgrading of the surrounding property and
the lessening of its value.
(3.) The City Council further finds that control and regulation of commercial
establishments of these types, in view of the abuses often perpetrated,
require intensive efforts by the police department and other departments of
the City. As a consequence, the concentrated use of City services in such
control detracts from and reduces the level of service available to the rest of
the community and thereby diminishes the ability of the City to promote the
general health, welfare, morals and safety of the community. In
consideration for the necessity on the part of the City to provide numerous
services to all segments of the community without a concentration of public
services in one area working to the detriment of the members of the general
public, it is hereby decided that the above described uses should be limited
to the I -Industrial Zoning Districts as a Conditional Use only.
b. Definitions. The Definitions applicable to Adult Uses are established within
[Chapter 8] and are categorized as Adult Uses.
c. Standards. Adult Uses shall be permitted by a Conditional Use Permit only, and
in accordance with City Code [Section 12-SB-5] of this Zoning Ordinance and
subject to the following conditions:
(1.) Conditional Use. The provisions and standards of Section [12-SB-5] are
fully considered and satisfactorily met.
(2.) Location. Adult Uses shall be located at least 600 radial feet, as measured in
a straight line from the closest point to the property line of the building
upon which the Adult Use is located to the property line of the following
uses or areas:
(i.) Any Residential Base Zoning District(s) and any established
residential use(s).
.) Any building which is utilized for residential purposes.
(iii.) Licensed daycare centers, pre-school and/or nursery schools.
(iv.) An elementary, middle or secondary school.
(v.) A government building.
(vi.) A public park, pool or community center.
(vii.) A commercial recreational use.
(viii.) A church, chapel, temple, synagogue or faith -based place.
(ix.) Another Adult Use.
(3 J Single Uses Only. Each Adult Use activity, as defined by this Chapter, shall
be classified as a single use. No two Adult Uses shall be located in the same
building or upon the same property, except that adult bookstores, motion
picture rental and sales and novelty sales may be permitted in combination
in the same building.
(4.) Any related retail sales services area for an allowed Adult Use shall meet
the provisions and standards of Section [12-313-7] Accessory, enclosed
retail sales.
(5.) Signs. In order to protect children from exposure to lurid signs and materials
and in order to preserve the value of property surrounding adult -oriented
uses and business, the following sign regulations shall apply to all Adult
Uses in the City:
(i.) All signs shall be a simple nameplate or business sign as regulated by
Section [12-4A-I I].
(ii.) No sign shall be freestanding, located on the roof, or contain any
flashing lights, moving elements, electronically or mechanically
changing messages, or manual reader boards.
No sign shall contain any message or image that identifies specified
sexual activities or specified anatomical areas as defined herein.
(iv.) No merchandise, photos, or pictures of the products or entertainment on
the premises shall be displayed in window areas or any area where they
can be viewed from the sidewalk or public right-of-way adjoining the
building or structure in which the sexually oriented business is located.
signs shall be placed in any window. A one -square -foot sign may be
placed on the door to state hours of operation and admittance to adults
only.
d. Prohibited with Certain Entertainments. Adult use activities shall be prohibited at
any public show, movie, caravan, circus, carnival, theatrical, or other performance
or exhibition presented to the general public where minors are permitted.
e. Hours To Be Closed No Adult Uses as defined in this article, shall be open for
business between the hours of 1:00 AM to 8:00 AM.
f. City Licenses. Nothing in this Article shall be construed to abrogate any Adult
Use operation from obtaining any and all necessary State and City licenses for
such operation.
g. Adult -oriented businesses or adult -oriented uses shall be prohibited in any
establishment where alcoholic beverages are licensed or served.
h. Obscene Activities Prohibited. Activities classified as obscene, as defined by
Minnesota Statutes Section [617.241] are not permitted and are strictly prohibited.
2. Animal Hospital (Cat Clinic, veterinary clinic, similar).
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 animals. The term "cat clinic" shall
be deemed to mean a facility for the diagnosis, treatment and medical care of
domestic cats only.
b. Any Conditional Use Permit for an animal hospital, cat clinic, veterinary clinic or
similar 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 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 Base Zoning
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 pick up 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 [12-4A-9] of this
Ordinance.
(8.)
Live In Facility. An animal hospital may include a live-in facility to permit
a staff member to be on the premises 24-hours per day. Such facility shall
be limited to six hundred twenty (620) square feet of floor space.
3. Brewery
Cidery or Micro -Distillery. A brewery, cidery, or micro -distillery must
comply
with the following standards and regulations:
a. A full operations plan must be submitted with the application to describe, at a
minimum, the hours of operations, number of employees, events/tours plans, etc.
b. Any proposed food service must be accessory to the proposed use as a brewery,
cidery, or micro -distillery unless a separate permit (if applicable) is obtained for
restaurant services.
c. Sale of retail goods that support the business must be promotional
branded/directly applicable to the operations.
d. Any proposed brewery, cidery or micro -distillery must comply with the standards
established within the Minnesota State Statutes for operations including on and
off sale standards, licensing, etc.
e. Production and/or operations that exceed the micro -distillery standard as
established by the applicable Minnesota State Statute are not permitted.
4. Commercial Recreation, Outdoor. The following conditions must be met:
a. The outdoor commercial recreation use must be accessory to a permitted or
conditionally permitted principal use.
bI Outdoor recreation uses must be compatible and consistent with the principal use.
c. Adequate
parking, that complies with
Section [124A-9] must be
provided
on site.
The total
area used for the outdoor
commercial recreation use
shall be
used to
determine the required number of stalls.
d. A site plan must be submitted to show the site layout, type and location of outdoor
recreation uses proposed, the parking configuration, any proposed exterior lighting
locations, and proposed landscaping.
e. An operations plan must be submitted that includes the proposed hours of operation.
5. Drive-thru/Drive-In Business.
a. Site Requirements.
(1.)
Access.
The facility shall be located on a
site having direct access to a minor
arterial
street, collector or service road.
(2.) Lot Area. Minimum lot area shall be one-half acre.
(3.) Parking, Driveways and Drive through facilities.
(i.) Sethacks. All portions of the drive through facilities including, but not
limited to, service windows, ordering stations and stacking spaces, shall
be set back at least 2004eet from any property zoned or guided for
residential uses; unless screened by an intervening building or located
across an arterial or major collector street.
(ii.) Parking and driveway areas shall be at least 15-feet from any exterior
property line.
(iii.) There shall be required one parking space for each employee per shift in
addition to at least one parking space for each 15 square feet of gross
floor area in the building as per [Table 12-4A-7.3], entry reading "drive-
in and fast food restaurant".
(iv.) Required Stacking Spaces.
(a.) Businesses with one drive through lane must provide stacking space
for at least four vehicles, and businesses with two or more drive
through lanes must provide stacking space for at least six vehicles total
as measured from the pick-up station. Stacking spaces must not
interfere with parking spaces or traffic circulation.
(4.) Landscaping and Lighting. A landscaping and lighting plan shall be
submitted for approval.
(5.) Screening and Fencing. If the drive through facilities abuts a Residential
Base Zoning District, a landscaping screen or fence must be constructed to
screen all elements of the drive through service area. If a fence is installed it
must be
six feet
(6') tall
and must be constructed to
a minimum of 80-
percent
opacity.
A fence
is not required in the front
yard.
(6.) Food, goods and services are permitted within a drive through business
operation. No alcoholic beverages may be sold or served within a drive
through or drive-in business.
(7.) Signs.
(i.) Banners, pennants and other similar promotional devices shall not be
permitted.
(8.) Exterior Materials of Structures. All structures shall be finished, and the
materials must be compatible and visually consistent to create a cohesive
appearance.
6. Hotel/Motel.
a. Any hotel or motel may be a maximum of 60-feet in height.
b. Hotel or motel operations must include 24-hour on -site management and/or staff.
c. A security and operations plan must be submitted for review and approval as part
of the permit process. Any change in management or operations shall be
submitted to the City for review of compliance with the Conditional Use Permit
and any other applicable permit.
7. 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
Table [12-313-1.1] Table of Uses of this Chapter.
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 outdoors, 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.) Notwithstandmg 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:
Table 12-3B-4.1 Motor Fuel Station Yard Setbacks
Minimum lot size
1 acre
Lot width
200 feet
Front yard
60 feet
Side Yard:
Interior
30 feet
Adjacent to a street
60 feet
Rear Yard
Pump setback
50 feet
40 feet
(2.) Each side abutting a public street shall be considered a front yard.
(3.) A setback of any overhead canopy structure, whether freestanding or
projecting from the station, must be setback a minimum of 20- feet from the
street right-of-way line and from any adjacent property line. If abutting a
residential use, the setback must comply with Section [12-313-4.A.11.
d. Height Limit. Total height of any overhead canopy or weather projection shall not
exceed 20-feet.
e. Parking And Driveways.
(1.) The surface parking and service areas, except for access driveways, must be
setback a minimum of 20-feet from any exterior properly line.
(2.) Entire motor fuel station site other than that part devoted to landscaping and
structures shall be surfaced with asphalt 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") insurmountable design.
(4.) The minimum distance between driveways shall be 30-feet measured along
the property line.
(5.) The minimum driveway angle shall be 45 degrees.
(6.) All surface parking spaces must be located in the side and/or rear of the
principal structure and may not be 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 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.
(8.) Access and parking areas shall be designed to provide an adequate means of
access to a public alley or street. Said driveway access may not exceed 30-
feet in width at the public street right-of-way line and must be limited 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.
£ Storage and Sale of Vehicles and Products.
(1.) All rental campers, trailers, or motor vehicles must be stored within the rear
and/or side yard and may not be stored or parked adjacent to a public 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 storage of inoperable motor vehicles is not permitted for a period of
more than forty eight (48) hours.
(4.) Service station premises may 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 with a gross
vehicle weight of 10,000 pounds or less, subject to the following standards:
(i.) Only businesses that provide on -site automotive repairs will be licensed
to conduct such vehicle sales;
(ii.) No vehicles shall be marked or have any visible signs indicating "For
Sale" or similar;
(iii.) Vehicles for sale under this provision will be limited to a maximum of
two (2) vehicles on the site;
(iv.) Vehicles for sale shall not be placed in any front yard setback (including
a corner front yard) of the subject property, and vehicles must be stored
in an inconspicuous area of the property as approved by the Zoning
Administrator.
(5.) All goods for sale by the motor fuel station or convenience store shall be
displayed within the principal structure. Outside display or sales is not
permitted.
(6.) Tires for sale may 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 that is completely enclosable, which must
be located in conformance with the setback requirements of this Chapter. Such
display container must be closed when the station is not open for business.
g. Architecture and Landscaping.
(1.) A minimum of a 20-feet landscaped yard shall be planted and maintained
within all property lines except at driveway entrances.
(2.) Each motor fuel station shall be architecturally designed to be compatible with
the general architectural intent of the area in which it is located.
(3.) For the purposes of architectural appropriateness, every side of the motor fuel
station is considered a front face.
(4.) Wherever a motor fuel station abuts a Residential Base Zoning District, a
fence or compact evergreen hedge that is a minimum of 50 percent opaque
and a minimum of six feet (6') high must be erected and maintained along any
property line that abuts the Residential Base Zone District. A compact
evergreen hedge or fence within 154eet of any street right -of --way line is not
required.
h. Lighting. All outdoor illumination shall be provided with lenses, reflectors or
shades which shall concentrate the light upon the premises to prevent any glare or
rays of light being directly visible upon adjacent street or roadway, or adjacent
property. Site lighting must comply with Section [12-4D-3] of this Ordinance.
i. Debris, Trash and Waste.
(1 J 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.
8. 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. A maximum of ten (10) adults may reside at the facility.
c. All residents must be of the same gender.
d. 24-hour supervision must be provided for all residents.
e. No person whose residency is imposed by court order is allowed to reside at the
facility.
f. A maximum of 30 days within one year commencing with the resident's first day
of admission is permitted. No more than three (3) such admissions per resident are
permitted during said year.
g. The facility must be designed to meet all requirements regarding utilities and on -
site parking to support the operations and estimated number of residents.
h. The City Council may apply any other reasonable conditions based on the
proposed operation.
i. The admitted residents must have the primary diagnosis of chemical dependency.
j. Residential treatment facilities must occupy a building that are not used for any
other purpose.
9. Retail Sales and Services. Retail sales and services are any establishments where
goods or services are bought and sold, and where patrons and customers visit the
location. Examples of retail sales and services include, but are not limited to, clothing
stores, jewelry shops, shoe stores, hair salons/barber shops, craft stores, grocery
stores, etc. The level of activity generally corresponds to the size of the store or shop
and clients and/or customers predominantly visit in person. All retail sales and service
operations must comply with the following standards.
a. General Standards.
(1.) All proposed retail operations must provide adequate parking for employees
and customers. Required parking must be accommodated on -site, and any
shared parking agreements must be reviewed and approved by the City.
Required parking ratios are established in Table [12-4A-7.3] of this Zoning
Ordinance.
(2.) Parking areas may be set back ten feet (10') from a front property line or
side property line abutting a street provided all Principal Building Setbacks
are met.
(3.) Any required parking proposed to be met through a shared parking lot, must
be granted and agreed to into perpetuity and recorded by a covenant, deed
restriction, or other agreement acceptable to the City.
(4.) Open to the Public. To be considered a Retail Sales or Service business, a
minimum of ten percent (10%) of the floor area must be open to the public.
(5.) Landscaping. At least 25 percent 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 25 percent requirement.
(6.) Flexibility in Site Setbacks. Building setbacks may be reduced to 35-feet
from a front property line or side property line. Building setbacks may be
reduced to 40-feet from a rear property line. Setbacks to interior side
property lines (not abutting a street) may be reduced to zero (0).
(7.) Samples of exterior finishes must be submitted with the Site Plan
application for review and approval by the City.
b. Retail and Service Uses less than 15, 000 Square Feet.
(1.) Proposed buildings and reuse of existing buildings must be consistent with
the surrounding neighborhood character.
(i.) Building and site design should encourage a walkable, pedestrian
friendly scale using signs, awnings, planters and other streetscape
elements.
(ii.) The front facing primary facade may not include a span longer than 25-
feet without a plane break. The break may include a change in materials,
actual offset of the building plane, or other architectural detail that
visually breaks the facade.
The main entrance or front door must be defined and clearly articulated.
Porticos, columns, awnings, signage, shopfronts, windows, and other
types of architectural detail should be incorporated consistent with the
architecture of the building.
c. Retail and Service Uses greater than 15, 000 Square Feet, including multi -tenant
or mixed use buildings.
(1.) Site Requirements. The retail sales and service complex must be located
adjacent to an interstate highway and within 300-feet 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 each retail user may not exceed one
acre.
Uses. Any retail building must contain a minimum of two (2) tenants
or uses.
(3.) 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 I494 shall be
no higher than 915-feet above mean sea level.
12-3B-5 Industrial, Transportation &Utility Use Specific Regulations
A. General Standards. The City has determined that the following uses are permitted
provided certain regulations and standards are met, and that proper permitting and
processes are followed. The following standards shall be applicable to all uses identified
in the Industrial, Transportation and Utility Zoning Districts:
1. Any non-residential principal use shall meet the following minimum reguirements,
regardless of Base Zoning District.
a. Principal Non-residential Use. 50-feet setback from all property lines abutting a
Residential Base Zoning District or established residential use.
b. Any Use or Structure associated with the keeping of animals. 100-feet setback
from all property lines abutting a Residential Base Zoning District or established
residential use.
c. A
Site Plan must
be submitted for review and approval for any
proposed changes
or
modifications
to the exterior of building, site or a change in
use, as established
in Section [12-511-4].
B. Specific Industrial, Transportation &Utility Use Standards. The following specific use
standards are established for Industrial, Transportation &Utility Uses as identified on the
Table of Uses [12-3B-1.1 ] and are organized alphabetically.
1. Alternative Energy Systems.
a. Solar Energy Systems. Solar energy systems are allowed with an appropriate
permit in all Base Zoning Districts subject to the following regulations:
(1.) Building Permit. No solar energy system shall be erected, altered, improved,
reconstructed, maintained, or moved without obtaining a building permit.
(2.) Exemptions. The following systems shall be exempt from the requirements of
this Section and shall be regulated as any other building element requiring a
building permit:
(i.) Building integrated solar energy systems.
(ii.) Passive solar energy systems.
(3.) Roof Mounted System.
(i.)
Height. The maximum height of the system shall not exceed the
structure height requirements in the applicable Base Zoning District.
(ii.)
Setbacks. The system shall comply with all building setback
requirements in the applicable Base Zoning District and shall not extend
beyond the exterior perimeter of the building on which the system is
mounted.
(iii.)
Mounting. The system shall be flush mounted on pitched roofs or may
be bracket mounted on flat roofs. Bracket mounted collectors shall only
be permitted when a determination is provided by a licensed
professional qualified to certify that the underlying roof structure will
support loading requirements and all applicable building standards are
satisfied.
(iv.)
Maximum Area. The system shall not cover more than 80 percent of the
roof section upon which the panels are mounted.
(4.) Ground Mounted Systems.
(i.) Height. The maximum height of the system shall not exceed 15-feet in
height from the average natural grade at the base of the system.
(ii.) Setbacks. The system shall be set back a minimum of 15-feet from all
property boundary lines and 30-feet from all dwellings located on
adjacent lots, including any appurtenant equipment.
(iii.) Location. The systems shall be limited to rear yards in all Base Zoning
Districts.
(iv.) Maximum Area.
(a.) Residential Districts. The system shall be limited in size to the
maximum requirement allowed for accessory structures.
(b.) Business and Industrial Districts. The system shall be limited in size
to a maximum of 25 percent of the rear or side yard in which the
system is located.
(v.) Reclamation. Upon abandonment or decommissioning and removal of
the system, the disturbed area shall be restored to an appearance that is
compatible with the surrounding area.
(5.) Screening. Solar energy systems shall be screened from view to the extent
possible without impacting their function. Systems located within the business
and industrial zoning districts may be required to comply with the standards in
Section [12-4D-1.D.7] where practical.
(6.) Color. Solar energy systems shall use colors that are visually compatible with
the color of the roof material on which the system is mounted or other
structures.
(7.) Glare. Reflection angles from collector surfaces must be oriented away from
neighboring windows and minimize glare toward vehicular traffic and
adjacent properties. Where necessary, the City may require additional
screening to mitigate glare.
(8.) Utility Connection.
(i.) All utilities must be installed underground.
(ii.) An exterior utility disconnect switch must be installed at the electric
meter serving the property.
(iii.) Solar energy systems must be grounded to protect against natural
lightning strikes in conformance with the national electrical code.
(iv.) No solar energy system shall be interconnected with a local electrical
utility company until the company has provided the appropriate
authorization to the City, in compliance with the national electrical
code.
(9.) Safety.
(i.) Standards. Solar energy systems shall meet the minimum standards
outlined by the International Electrotechnical Commission (IEC), the
American Society Of Heating, Refrigerating, And Air -Conditioning
Engineers (ASHRAE), ASTM International, British Standards
Institution (BSI), International Organization For Standardization (ISO),
Underwriters Laboratories (UL), the Solar Rating And Certification
Corporation (SRCC) or other standards as determined by the City
building official.
(ii.) Certification. Solar energy systems shall be certified by Underwriters
Laboratories, Inc., and the National Renewable Energy Laboratory, the
Solar Rating And Certification Corporation or other body as determined
by the community development director. The City reserves the right to
deny a building permit for proposed solar energy systems deemed to
have inadequate certification.
Easements. Solar energy systems shall not encroach upon any public drainage,
utility, roadway, or trail easements.
(11.) Abandonment. Any solar energy system which remains nonfunctional or
inoperable for a continuous period of 12 months shall be deemed to be
abandoned and shall be deemed a public nuisance. The owners shall remove
the abandoned system, including the entire structure and transmission
equipment, at their expense after obtaining a demolition permit.
b. Variance. Any required standard in this Section that cannot be met may be
considered by a Variance Request, in accordance with [Section 12-513-7] and
considering the following criteria unique to solar energy systems:
(1.) That the deviation is required to allow for the improved operation of the
solar energy system;
(2.) That the solar energy system has a net energy gain;
(3.) That the solar energy system does not adversely affect solar access to
adjacent properties;
(4.) That the solar energy system complies with all other engineering, building,
safety, and fire regulations; and
(5.) That the solar energy system is found to not have adverse impacts on the
area, including the health, safety, and general welfare of the public.
2. Doe TrainingFacility, acility, A dog training facility is permitted as shown in [12-313-1.1
Table of Uses], provided that:
a. Screening and Landscaping. When abutting a Base Residential Zoning District,
an approved screening and landscaping plan shall be filed and developed along
the property boundary lines.
b. Noise. No noise from the operation of the facility shall be discernible beyond the
boundaries of the lot on which the use is conducted.
c. Odors. Odor control must include a ventilation system designed so that no odors
or organisms will spread between tenant spaces, wards or to the outside air.
d. Hours of Operation. The City Council must approve the hours of operation to
ensure compatibility with surrounding land uses.
e. Restrooms. An enclosed building with restrooms to support the facility and
operations is required.
f. Outdoor Areas. No permanent outdoor pens are allowed with Lite exception of a
separate outdoor relief area. Any outdoor areas to be used for the animal training
facility, including any relief areas, shall be completely enclosed with a fence that
is at least four feet (4') in height, or all dogs utilizing an outdoor area shall be
leashed at all times. No animals shall remain unattended in outdoor areas.
g. Waste Removal. Outdoor areas shall be maintained in a clean and sanitary
condition at all times. Solid waste material shall be removed daily and disposed of
in dedicated waste containers and in a sanitary manner.
h. Boarding. The overnight boarding of dogs is not to be permitted.
3. 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 Base
Zoning Districts, provided they do not fall within Subsection [2] of this Section.
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 Base Zoning District. Prior to granting a
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 Base Zoning District in which
they are to be located.
(2.) Those in which 75 percent 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
Base Zoning
District in which it is
to be located when increased
by
50
percent.
(4.) Those in which the architectural design and/or use would not normally be
compatible to the neighborhood and/or Base Zoning District in which it is
to be located.
4. Outdoor Storage and Display of Materials and Equipment Accessory to Landscaping
and Buildin Design and Construction. Outdoor storage and display of materials and
equipment accessory to landscaping and building design and construction is permitted
as shown on [12-3B-1.1 Table of Uses], provided that:
a. The site must be occupied by a principal building containing a minimum of
15,000 square feet.
b. All storage and display is located in the rear or side yard of the property and
behind the front building line of the principal building, and may not be located in
a yard that abuts any local public street.
c. No storage and display shall be located on any parcel that is within one thousand
1,500' from any Residential Base Zoning District, measured from the closest
point of the lot lines.
d. The storage and display area shall not be open to retail sales, and shall be utilized
only for stock and supply for clients of the landscaping or building design and
construction business.
e. All storage and display must be located on paved surfaces that are properly
maintained to prevent deterioration.
f. The storage and display area may occupy a maximum of 60 percent of the total lot
area.
g. The storage and display area must be setback a minimum of ten feet (10') from all
lot lines.
h. The storage and display area must be fully screened from surrounding property by
fencing, walls, and/or landscaping.
i. All storage and display must be covered by three (3) sided, roofed structures, with
the exception of landscape plant materials and trucks or equipment as shown on a
specific and detailed Site Plan.
j. Trucks and equipment kept within the storage and display area shall be located
within designated striped parking spaces and shall not be used for storage.
k. Fencing utilized for screening purposes must be constructed of wood or other
materials as approved by the City Council.
1. Circulation and water service on the property shall meet the requirements of the
City's Fire Chief for access and fire protection.
m. Covered structures used to protect stored materials or equipment must comply
with the following requirements:
(1.) Structures greater than eight feet (8') in height must be designed and
constructed of materials consistent with the requirements of [Section 12-
413-1].
(2.) Structures of eight feet (8') in height or less may be constructed of
alternative materials as approved by the City Council, provided such
structures are not visible from surrounding property or public streets.
(3.) All structures shall comply with applicable Building and Fire Codes.
5. Personal Self Storage Facility. Personal self -storage facilities are permitted as shown
on [12-3B-1.1 Table of Uses], provided that:
a. All storage shall be inside the building. Exterior storage of personal vehicles,
recreational vehicles, trailers, and equipment is strictly prohibited.
b. The storage facility shall have a security system adequate to limit access to
persons renting at the facility.
c. Facility may not be located closer than one -quarter (1/4) mile from any residential
use and/or Base Residential Zoning District.
d. All drive aisles and parking surfaces must be constructed with curb and gutter,
with asphalt or concrete.
e. A maximum of three (3) overhead doors or bays to be used for entering/exiting
the facility.
f. Access to any fenced -in exterior area shall be available to emergency responders
in a manner acceptable to the Fire Marshal.
g. Common parking space available to all visitors must be provided at a minimum
ratio of one space per 6,000 square feet of storage area.
6. Warehousing and Distribution, Abutting a Residential Use. Warehousing and
distribution, abutting a Base Residential Zoning District or established residential use
is permitted as shown on [12-3B-1.1 Table of Uses], provided that:
a. A fence along the property boundary line abutting the residential use is
constructed, in compliance with [Section 12-4A-10.1)].
b. Loading areas shall not be serviced by loading docks, unless completely screened
from the ground level view from abutting properties and streets, except at access
points, in compliance with Subsection [12-4A-9.G] of this Chapter.
c. Truck traffic shall not impede vehicle circulation, as determined by the Public
Works Director.
d. Operations shall not include retail sales, unless compliant with this Section
concerning accessory, enclosed retail sales.
e. Any exterior improvements to the building and/or property are compliant with
[Section 12-4D-1].
f. The proposed use shall be compliant with all applicable performance standards in
[Section 12-3B-5] of this Chapter.
g. Hours of operation for delivery/distribution are limited to seven o'clock (7:00)
A.M. to eight o'clock (8:00) P.M.
h. Additional conditions that mitigate potential negative impacts may be included, as
determined by the City Council,
7. Wireless Antennas, Towers, and Accessory Structures. Wireless telecommunication
towers, antennas, and accessory structures, including, but not limited to, cellular,
Personal Communications Service (PCS) technology, and wireless internet, are a
Conditional Use in all Base Zoning Districts, 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:
(l.) 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 designed in a manner to blend in with the
surroundings and complement 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 requiring co -location.
(5.) Facilitate the provision of wireless telecommunication services to the
residents and businesses of the City.
(6.) Ensure that a competitive and broad range of telecommunications services
and high -quality telecommunications infrastructure are provided to serve
the community, as well as serve an important and effective part of the city's
emergency response network.
(7.) Place telecommunication facilities in suitable locations, with residential
locations being a last resort.
b. Definitions. The defined terms identified in this subsection are provided in
Chapter [8] of this Zoning Ordinance.
c. Building Mounted Antennas.
(1.) Permitted Buildings. Antennas may be mounted on institutional buildings
(churches, schools, businesses, etc.) ormultiple-family dwellings two (2)
stories or higher. Wireless telecommunications antennas are not permitted
on attached or detached single-family homes or attached single-family
(townhome) homes.
(2.) Flush Mounting; Color.
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 City Council that protrusion above the
roofline is necessary for communication effectiveness.
In no case shall building mounted antennas or any attachment thereto be
allowed to protrude more than 15-feet 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 may be necessary at the
discretion of the City in addition to a Conditional Use Permit.
d. Freestanding Antennas and Towers.
(1.) Location limitations. The location of any antenna support structure on a
particular parcel of land shall be located to have the least impact possible on
adjoining properties, and so that any negative impacts of the antenna
support structure shall be confined as much as possible to the property on
which the antenna support structure is located.
(2.) Height. The maximum height of a freestanding antenna tower is 150-feet, 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.
(3.) Setbacks. All freestanding antenna towers and accessory structures must
adhere to all appropriate setbacks for the Base Zoning District of the property
on which the structure is located.
Antenna support structures between 75-feet and 150-feet tall shall not
be constructed within 200 feet of any residential principal structure.
(ii.) Notwithstanding (i), if an antenna support structure is located on the
same parcel of land as a residential structure, the setback to that
residential structure may be equal to the height of the antenna support
structure plus 15 feet.
e. Preferences for antenna and support structure locations. When selecting sites for
the construction of new antenna support structures and/or for the placement of
new antennas, the following preferences shall be followed:
(1.) Preferred Land Use Areas.
(i.) Property in the B-1, B-2 or Industrial Zoning District.
(ii.) Athletic complexes, municipal property or Public/Semi-Public uses.
(iii.) Parking lots, if the monopole replicates, incorporates or substantially
blends in with the overall lighting standards of the lot.
(iv.) Within the easement of a high -power overhead transmission line, or
within 50 feet of the transmission line easement on the same side of the
road.
(2.) Alternate land use areas.
(i.) Public parks or open spaces.
(ii.) Golf courses.
(iii.) Residential area.
(3.) Preferred Support Structures.
(i.) Water towers
(ii.) Co -location on existing antenna support structures.
(iii.) Church steeples.
(iv.) Sides of buildings over two stories high.
(v.) Existing power, lighting or phone poles.
(4.) Prohibitions.
(i.) No new support structures shall be approved at any location other than a
Preferred Land Use Area, unless the applicant shows to the reasonable
satisfaction of the city that such locations are not feasible from an
engineering standpoint.
(ii.) No new support structures shall be approved for construction, unless the
applicant shows to the reasonable satisfaction of the city that a preferred
support structure is not feasibly available for use from an engineering
standpoint.
£ Aesthetics.
(L) Design. All freestanding antenna towers shall be of a monopole type design.
The use of guyed towers is prohibited.
(2.) Color.
(i.) Those portions of all freestanding antenna towers and all antennas
which protrude into the air shall be painted eggshell.
(ii.) 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 applicable Base Zoning District and as described in
[Section 12-4A-51 of this article subject to City Council review.
(4.) Advertising. Advertising of any kind is not permitted on any freestanding
antenna tower, antenna, or accessory structure.
(5.) Lighting. Artificial lighting of any kind is not 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
is 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 are prohibited on any antenna or tower without express permission
from the City and the City grants a waiver to this requirement.
g. 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 EIAMA-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 City Council to erect a
security fence around any freestanding antenna.
h. Accessory Structures for Antennas.
(1.) Location and General Requirements. Accessory buildings to antennas or
freestanding antenna towers must comply with all applicable setbacks from
all property lines and must otherwise conform to all requirements for
accessory buildings within the description of the Base Zoning District on
which the structure is located.
i. Architecture.
(1.) 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.
(2.) Accessory structures must be finished on all sides.
(3.) The Planning Commission must review, and the City Council shall approve,
the design of any accessory structures and equipment buildings.
C. Submission Requirements.
a. Initial Application Requirements. In addition to the information required for a
Conditional Use Permit or Administrative Permit, the following additional
information must be supplied by the Applicant and a qualified, licensed registered
professional engineer:
(1.) Description of the tower• height and design, including across -section,
elevation and site elevation.
(2.) Documentation of the height above grade for all potential mounting
positions for co -located antennas and the minimum separation distances
between antennas.
(3.) Description of the tower's capacity, including the number and type of
antennas that it can accommodate.
(4.) Coverage Capacity Analysis. Coverage map and or analysis that
demonstrates that no other support structures, or if applicable Preferred
Land Use Areas, are available to meet coverage demand. The applicant
shall demonstrate, by providing a coverage/interference analysis and
capacity 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.) 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.
(6.) Inclusion of the engineer's stamp and registration number.
(7.) The city, at its reasonable discretion, may require visual impact
demonstrations including mock-ups and/or phot simulations that provide an
accurate visual depiction of the tower.
(8.) A written description of the type of technology each company/carrier will
provide to its customers.
(9.) A listing of all existing, existing to be upgraded or replaced, and proposed
communication sites within the city and within five miles of the city for
these services.
(10.) An electronic, to -scale copy of a map of the city showing the five-year plan
for communication sites, or if individual properties are not known, the
geographic service areas of the communication sites. Any existing tower
locations must be clearly identified.
D. Additional Requirements.
a. Abandoned Structures.
(1.) Removal Required. Unused or obsolete freestanding antenna towers,
antennas, structures or apparatus must be removed within six (6) months of
when the operation ceases.
(2.) 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.
b. No new antenna support structures shall be constructed if it is feasible to locate
the proposed new antenna on existing support structures. Feasibility shall be
determined according to generally accepted engineering principles. If a new
antenna support structure is to be constructed, it shall be designed structurally to
accommodate both the applicant's antennas and comparable antennas for at least
two additional users if the antenna support structure is 754eet or more. Any
antenna support structure must also be designed to allow for future rearrangement
of antennas upon the tower and to accept antennas mounted at different heights.
Other users shall include, but not be limited to, other cellular communication
companies, personal communication systems companies, local police, fire and
ambulance companies.
c. Other Required Licenses. The applicant must submit proof of any applicable
federal, state, or local licenses to the City prior to receiving a building permit.
(1.) 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).
d. 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.
(1.) Environmental Impact Statement (EIS). 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.
(2.)
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.
(3.)
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.
(4.)
Variances. The City 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 City Council, said apparatus will be
sufficiently disguised as trees, light poles, church steeples, or other similar
objects.
(5.)
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.
(6.) Administrative Procedures and Exemptions. The Zoning Administrator will
review Conditional Use Permit requests for improvements to existing
wireless antenna facilities and follow the process as established in Chapter
[5] of this Zoning Ordinance. The City may impose such conditions and
require such guarantees deemed reasonable and necessary to protect the
public interest and ensure compliance with the standards and purposes of
this code.
(i.) Exceptions for Administrative Permit. An Administrative Permit may
replace the need for Conditional Use Permit when all of the following
conditions exist:
(a.) Requirements in of this Section [D] are met and submitted for review.
(b.) Request seeks to adjust, maintain, repair, or replace existing antennas
and accessory structures or the elements of an antenna array, including
remote radio units (RRU), affixed to a tower or antenna.
(c.) No increase in the total number of the existing antennas.
(d.) No increase in the total height of the existing antenna structure. Height
of individual building mounted antennas may be increased in
compliance with [Section 12-313-513.8.C.2(ii)] of this Section.
(e.) No external modification or expansion of the existing accessory
structure.
(f) Existing wireless antenna facility, including the wireless antenna
structure and accessory structure, is compliant with all conditions
contained in the original Conditional Use Permit,
12-3B-6 Public, Semi -Public Use Specific Regulations
A. General Standards. The City has determined that the following uses are permitted on land
within the Public Semi -Public Overlay District provided certain regulations and standards
are met, and that proper permitting and processes are followed. The following standards
shall be applicable to all uses identified in the Public Semi -Public Overlay Zoning
District:
1. Any non-residential principal use shall meet the following minimum requirements,
regardless of Base Zoning District.
a. Non-residential principal use. 50-feet setback from all property lines abutting a
Residential Base Zoning District or established residential use.
b. A Site Plan must be submitted for review and approval as established in [Section
12-5B-4].
B. Specific Public, Semi -Public Use Standards. The following specific use standards are
established for Public, Semi -Public Uses as identified on the Table of Uses [12-313-1.1],
and are organized alphabetically.
1. Cultural Centers Places of Assembly or similar
a. Lot Size. Minimum of 1.0 Acres
b. Any use that includes a dedicated space for assembly or gathering of people that
comprises 50 percent of the total floor area or more shall be subject to these
requirements.
c. A Cultural Center, Place of Assembly, or similar may be located on a site with
another compatible use such as a Place of Worship. In the case where more than
one use is present the most restrictive permitting process, and regulations, shall be
followed.
d. The required parking shall be determined based on the total occupancy of the
building and must be provided on site.
e. All events and/or gatherings must be held indoors, unless outdoor gatherings are
expressly allowed by Conditional Use Permit.
2. Elementary Middle and Secondary Schools (public and private)
a. Any Accessory Structures or Accessory Buildings that support the principal
school use must be setback a minimum of 100-feet from any property line that
abuts a Residential Base Zoning District or established residential use.
3. Government Buildings and Structures.
a. A Government Building or Structure means a principal building or structure
owned or operated by a regulatory agency other than the City of Mendota
Heights.
b. The use of a government building or structure must be for the purpose of
benefiting the public including, but not limited to, a service center, DMV,
maintenance building, administrative building, or similar.
c. Governmental Buildings or Structures containing a residential use are not
permitted unless specifically permitted within the Base Zoning Dish•ict of the
subject property. Any residential use must comply with the Base Zoning District
Standards and the adopted Comprehensive Plan.
4. Municipal Buildings and Structures.
a. A Municipal Building or Structure means a principal building or structure owned
or operated by the City of Mendota Heights.
b. The use of the Municipal Building or Structure must be for the purpose of
benefiting the public including, but not limited to, a city hall, service center,
public works facility or use, administrative building, or similar.
c. Any Municipal Buildings or Structures containing a residential use must comply
with the Base Zoning District Standards and the adopted Comprehensive Plan.
5. Off Leash Dog Area. An off -leash dog area is permitted as shown in [12-3B-1.1
Table of Uses], provided that:
a. The minimum parcel size shall be five (5) acres, which may include a
combination of adjoining lots under control by the City.
b. No structures shall be located on the lot(s).
c. Proper fencing shall be installed around the entire off leash area with height and
materials approved by the City Council.
d. Hours of operation shall be limited to between seven o'clock (7:00) A.M. and
nine o'clock (9:00) P.M.
e. Fixed lighting structures are prohibited.
f. All dogs must be appropriately licensed.
g. All dogs must be kept on leash at all times except within the designated off leash
area.
h. No dog(s) shall be left unattended within the off leash area.
i. Dog waste receptables shall be provided and all dog waste must be properly
disposed of on site by the user or removed immediately.
6. Outdoor Recreational Facilities, including Athletic Fields.
a. Any outdoor field or recreational facility that is intended to be lit with overhead
light fixtures must be setback a minimum of 100-feet from any property line that
abuts a Residential Base Zoning District or established residential use. The light
fixtures associated with the field or recreational facilities must comply with the
City's footcandle standards established in Section [124D-3].
b. Any outdoor field or recreational facility not intended to be lit with fixtures must
comply with the principal building setbacks established in the Base Zoning
District,
7. Private Nursery and/or Daycare Schools.
a. The mimmum lot size shall be at least one (1) acre.
b. The nursery and/or daycare school is registered with the State and meets the
standards for all schools specified by the State.
8. Religious Institutions and Places of Worship.
a. Any 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 are
permitted to have a maximum of ten (10) persons residing on the site.
12-3B-'7 Accessory Use Specific Regulations
A. General Standards. All uses explicitly defined as an Accessory Use must be accessory to a
Principal Use on the same property or lot. The Accessory Uses are only permitted
provided that the Principal Use is identified as permitted or conditionally permitted on the
Table of Uses.
B. Specific Accessory Use Standards. The following specific use standards are established
for Accessory Uses as identified on the Table of Uses [12-3B-1.1] and are organized
alphabetically.
1. Accessory Buildings and Structures to Business, Commercial, Industrial and
Public/Semi-Public Uses. All Accessory Buildings and Structures that exceed the
standards established in Chapter 2 must comply with the following:
a. A Conditional Use Permit must be obtained.
b. The Accessory Structure or Building must comply with the required setbacks as
stated within this Chapter for non-residential uses.
c. The Accessory Structure or Building must be designed to be compatible with the
Principal Bung and/or Principal Use of the site.
d. The Accessory Structure or Building may not exceed 25-feet in height but may
exceed the height of a Principal Building if permitted by on Use
Permit.
2. Accessory,
Enclosed
Retail
Sales.
Enclosed retail
sales as an accessory use are
permitted
as shown in [12-3B-1.1
Table of Uses],
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 I
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 the standards
established for Industrial buildings in [Section 12-4D-1D].
e. Parking. adequate off street parking and off street loading shall be provided and
shall be in compliance with the provisions of Section [12-4A-9].
f. Signage. All signage shall be in compliance with the provisions of Section [12-
4A-1 I] of this Chapter. Separate wall signage may be considered at the retail
entrance, but not separate freestanding signage shall be considered.
g. Landscaping. All landscaping shall be in compliance with Section [12-4A-5].
h. Screening. All screening shall be in compliance with Section [12-4D-2].
i. Hours of Operation. The hours of operation of the retail sales portion of the
business shall be limited from eight o'clock (8:00) A.M. to seven o'clock (7:00)
P.M. on weekdays and eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. on
Saturdays and Sundays.
3. Home Occupation.
a. A home occupation means any gainful occupation or profession engaged in by an
occupant only of a dwelling unit which is a use that is clearly incidental to the use
of the dwelling unit for residential purposes when conducted on the premises. The
following criteria must be met, or the proposed use must be established as a
conditional use in the zoning district in which the property is located, and the
proper permit obtained:
(I) No persons other than the residents of the dwelling unit that reside on the
property may be engaged in the Home Occupation; and
(2.) No more than 30 percent of the floor area of the principal dwelling unit may
be used for the conduct of the Home Occupation; and
(3.) The Home Occupation may not visible from the street and no changes to the
principal building that distinguish the property as a business are permitted;
(4.) No traffic shall be generated by the Home Occupation in greater volume
than would normally be expected to a residence in a residential
neighborhood.
(5) The Home Occupation may not include the retail sales of products produced
off the site and sold from principal or accessory building.
(6.) Any visitor or client parking must be accommodated on site and on an
improved residential driveway.
(7.) No equipment, activity, or process shall be used in a Home Occupation that
creates noise, vibration, glare, fumes, or odors detectable to the normal
senses off the lot.
(8.)
No
accessory building shall be used
for such Home Occupation.
(9.)
No
outside storage is permitted as a
part of any Home Occupation.
4. Keeg of Bees as an Accesso Use.
a. Minimum lot size. 50 Acres
b. A maximum of ten (hives) may be maintained, and all buildings, hives, apiaries,
or other areas for colonies of bees shall not be located no closer than 100-feet
from any property line.
5. Private Swimmin¢ Pool, tennis courts or similar recreation facilities serving Family Buildings,
Buildings.
a. Swimming Pool. Private swimming pools intended for and used solely by the
occupants of the property on which they are located and their guests are permitted
as shown in [12-311-1.1 Table of Uses], provided:
(1.) The water surface is located a minimum of 50 feet from any lot line.
(2.) That the pump and filter is installed a minimum of 40 feet from any lot line.
(3.) That the pool area is fenced to prevent uncontrolled access from the street
or adjacent property.
b. Tennis Courts, or similar outdoor recreational facilities must comply with the
following standards:
(1.) Minimum of 50-foot setback from all property lines.
(2.) Comply with all outdoor lighting standards and requirements identified in
section [12-413-3].
6. Video/Electronic Display Scoreboard as an Accessory Use. Any video/electronic
display scoreboard for an athlefic field on Lite campus of a school shall comply with
the following:
a. The scoreboard shall only be used for organized events at an athletic field, or
similar outdoor facility, in which the permitted user is participating in or hosting.
b. The scoreboard shall be equipped with industry standard security and brightness
control features.
c. The video/electronic display portion(s) shall not face a residential neighborhood,
not including the back of the scoreboard, unless screened or otherwise obscured
from view.
d. The scoreboard shall not exceed 800 square feet in area per surface and the
video/electronic display portion(s) shall not exceed 600 square feet of the total
area.
e. The scoreboard shall not exceed 45-feet in height from the natural grade at the
base of the scoreboard.
f. Organizers sponsoring the scoreboard may include identifying information within
the area allowed for the scoreboard in a combined amount not to exceed 30
percent of the total scoreboard area.
g. No permitted use shall have more than one scoreboard structure equipped with
video/electronic display(s) and no video/electronic display(s) or signage shall be
affixed to the back of the scoreboard.
h. The hours of operation for the video/electronic display portions) of the
scoreboard shall be limited to between eight o'clock (8:00) A.M. and eleven
o'clock (11:00) P.M. with an allowance of up to 30 minutes before or after a
permitted event.
CHAPTER 4: BUILDING, CHARACTER AND DESIGN STANDARDS
ARTICLE A. GENERAL PROVISIONS APPLICABLE TO ALL ZONING DISTRICTS
12-4A-1 General Character and Form of Property
A. Purpose. Each Base and Overlay Zoning District has a distinct physical form that
establishes the character of an area or neighborhood. The intent of the regulations
contained within this Chapter is to support and reinforce the physical form of Property to
support the City's neighborhoods as described herein, and to ensure that development or
redevelopment is compatible with adjacent and surrounding properties.
B. Applicability. The standards contained within this Chapter shall apply to all Base and
Overlay Zoning Districts, unless otherwise specified.
C. Physical Form of Property. For purposes of this Chapter, the physical form of Property is
described as the following:
1. Building mass and volume ofstructure. The mass, or form, is generally described as
the area contained by height, width and depth of a structure or building.
2. Relationship or setback of Principal Building and/or Accessory Building with the
public street. The relationship of a Principal and/or Accessory Building with the
public street is generally described as including the front yard setback of the Building
from the right-of-way, the relative position of Accessory Buildings or Structures, the
presence of trails or sidewalks, and/or the presence of front stoops or porches, etc.
3. Accessory Building Location and Size. The location of an Accessory Building,
whether it is attached or detached, the driveway access location and the size.
4. Environmental Features. The presence of vegetation, significant bluffs, waterways,
ponds, wetlands, and other natural resource features.
12-4A-2 Utilities and Services
A. Purpose. The City acknowledges the importance of properly managing and maintaining its
utilities and public infrastructure. This Section generally describes required utilities and
references other regulations that are implemented by either the City or other agencies with
respect to permitting and requirements.
B. Sanitary Sewer and Water Systems.
1. Use of Municipal Public Systems Required. All new development in the City must be
served by the municipal sanitary sewer and water distribution systems.
a. Exceptions. The Public Works Director 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. The Public Works Director must determine that the proposed
private system or systems will prevent pollution to existing groundwater
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.
2. Private Sanitary Sewer Systems. There are some existing private or individual septic
systems in the City _Plans for and installation, maintenance or replacement of existing
private on -site sanitary sewer systems must comply with [Section 10-3-3] of this
Code and Dakota County [Ordinance 113].
C. Drainage,
1. 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 must be properly
channeled into a storm drain, water course, 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.
12-4A-3 Yards and Open Space
A. Purpose. This Section regulates yard setbacks and required open space in the City. This
Section applies to all Base Zoning Districts, except where explicitly stated otherwise.
B. Minimum Yards and Open Spaces. No yard or other required open space shall be reduced
in area or dimension to make such yard or open space less than the minimum required by
this Chapter. If the existing yard or open space is less than the minimum required, it must
not be further reduced.
C. Allowed Encroachments. The following encroachments on yard, open space and setback
requirements are permitted:
1. All Yards:
a. Belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves
and the like, provided they do not extend more than one and one-half feet (1 ''/z')
into a yard.
b. Yard lights and nameplate signs for one- and two-family dwellings in the RE, R-
1, and R-2 Zoning Districts may be located up to five feet (5') from the front lot
line.
c. Uncovered and/or open terraces, steps, porches, decks, egress windows,
accessibility ramps, stoops or similar structures that do not extend above the
height of the ground floor level of the principal building and do not extend more
than five feet (5') in into the front yard or rear yard; or more than three feet (3')
into a side yard.
d. 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 are permitted after Site Plan review and
approval by the Zoning Administrator, subject to compliance with the following
conditions:
(1.) The covered and/or enclosed entryway may not extend into the front or side
yard more than five feet (5').
(2.) The covered and/or enclosed entryway shall be a maximum of 50 square
feet.
(3.) The covered and/or enclosed entryway may not extend above one (1) story.
Side or rear yards only: Bays or building extensions that extend into the side or rear
yard shall meet the following standards:
a. May not exceed a width of two feet (Y).
b. Contain a maximum area of 20 square feet.
D. Front Yard Requirements,
1. All structures and buildings shall meet the front yard requirements as established by
the Base or Overlay Zoning District as established in Chapter 2 of this Zoning
Ordinance.
2. Infill Determination. Whenever buildings have been built on one side of the street
between two (2) intersections, no building or structure may be erected to extend
closer toward the street than the average of the required setback as established in the
applicable Zoning District and must be setback at a minimum the average setback of
the Principal Building on the adjoining lots. See [Figure 12-4A-3.1] of this Section.
a. For any infill lot, the maximum front yard setback of a new Principal Building
shall be established by adding 104eet to the calculated Minimum Setback
established by Figure [12-4A-3.1].
Figure 12-4A-3.1 Front Yurd Setback Requirements
STREET
Front Yard SelbacM Formula
At8 30 12=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 304eet of the front yard of the nearest building. See [Figure 12-4A-3.2] of
this Section.
Figure 12-4A-3.2 Front Ynrd Setback Requirements —Corner Lot
STREET
Front YaN Salback Form
(A20).30=X
4. Subsections [D2 and D3]
of this Section shall
not be
applied to require a front yard in
excess of one-third (1/3)
of the average depth
of the
lot.
12-4A-4 Wetland Requirements
A. Purpose. The requirements established herein are intended to support the regulations and
requirements established in Title 15. Environmental Standards of the City Code and to
comply with the State of Minnesota Wetland Conservation Act (WCA) rules. The City
will:
1. Reference the City's wetland inventory and the National Wetland Inventory, to
determine whether a wetland may be present on a property that is the subject of a
Land Use Development Application.
2. Coordinate wetland requirements with the Floodplain and Shoreland Protection
regulations as established in Title 15. Environmental Standards.
3. Determine whether a wetland replacement or mitigation plan is required based on
proposed improvements to a structure or lot.
B. Identification and Delineation of Wetlands.
1. This Section shall apply to all land containing wetlands and land within the buffer
strip or setback areas as required herein. Wetlands shall be subject to the requirements
of this Section and to the requirements established in Title 15. Environmental
Standards,
2. Wetlands shall be located and identified according to the standards established in
Title 15. Environmental Standards,
3. Only that portion of the land within the boundaries of the wetland and its required
buffer or setback shall be subject to the requirements of this Section.
C. General Standards. The following standards apply to all lands containing or abutting a
wetland:
1. The standards contained in this Section shall be applicable if any portion of a wetland
or a required buffer area are located on a lot or parcel, regardless of if the delineated
wetland, or a portion thereof, is on the property.
2. Any septic or soil absorption area must be setback a minimum of 75-feet from the
delineated wetland boundary.
3. The lowest ground floor elevation must be a minimum of two feet (2') above the 100-
year flood elevation, or a minimum of three feet (3') above the Ordinary High Water
Mark of public waters, as regulated by Title 15. Environmental Standards,
4. Structures, such as a bridge, intended to provide access across a wetland are
prohibited unless a permit is obtained in conformance with State Regulations,
5. The MPCA's Best Management Practices and Minnesota Storm Water Manual, as
applicable, shall be followed to avoid erosion and sedimentation during any
construction process that may impact a wetland or its buffer area.
6. Before the City issues a Building Permit for a lot with a required wetland buffer area,
the lot owner shall clearly mark the buffer boundary with flags or other physical
monumentation to denote the area that will be protected and untouched during the
construction process.
7. Wetlands and any required buffer area must be kept free of any impervious surface
and of any structures and features including play equipment, fences, retaining walls,
accessory structures or buildings, unless an approved mitigation and replacement plan
is obtained.
8. Wetlands and their required buffer area may not be used for any filling or dumping.
9. Wetlands and their required buffer area may not be used for outside storage of any
household or personal items, lawn equipment, furniture, firewood, parts, yard waste,
or similar.
10. Any swimming pools, patios, decks, drive aisles, parking lots, etc., must be setback a
minimum of five feet (5') from any required buffer area, whichever is greater, unless
otherwise permitted by Title 15. Environmental Standards.
11. Water quality ponds may encroach into required wetland buffer areas provided that
the amount of encroachment may not exceed 50 percent of the total area required for
the buffer.
12. All Structures and Buildings on land affected by a delineated wetland or buffer shall
be subject to the requirements of Table [12-4A-4.1].
Table 12-4A-4.1 Wetland Required Buffers and Setbacks
Wetland Buffer Area
(Minimum)
10'
Wetland Buffer Area
(Maximum)
50'
Wetland Buffer Area
(Average)
25'
Structure or Building
Setback from Buffer
10'
D. Buffer Requirements.
1. The vegetation requirements for all required Buffer Areas are established in Title 15.
Environmental Standards.
2. The vegetation plan for revegetation of any disturbed Buffer Areas may be subject to
review and approval by the Natural Resources Commission.
3. Any request for a Variance from the required setback from the Buffer Area, or
reduction in Buffer Area must follow the Variance requirements and process as
established in Chapter [5] Administration.
E. Wetland Alteration or Replacement Plans.
1. Any request for wetland alterations or modifications shall be subject to Minnesota
Rules, Chapter 8420.
2. Wetland Replacement Plans must be reviewed and approved by the City Council.
3. Wetland Replacement Plans must provide a planting list which contains both the
common and botanical names of each species to be planted.
4. If a Wetland Replacement Plan is approved, the established delineated boundary shall
be used in calculating the required setback and Buffer Area,
12-4A-5 Landscaping Requirements
A. Purpose. The purpose of this Section is to regulate the installation and maintenance of
landscape improvements in areas of the City developed with uses other than single-family
detached and attached residential uses. The regulations that follow are intended to support
and reinforce the City's commitment to natural resources and green space throughout the
City.
B. Applicability. The following landscape requirements apply to all new development or
redevelopment of multi -family, mixed -use, industrial, and business uses. Landscape
requirements for single-family detached and attached residential uses are provided in
Section [12413-2] of this Chapter.
C. 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 must be drawn to a scale of not less than one -inch equals fifty
feet (I" = 50') and must include the following information:
1. Boundary lines of the property with accurate dimensions.
2. Locations of existing and proposed buildings, parking lots, roads and other
improvements.
3. Location, approximate size and common name and botanical name of existing trees
and shrubs.
4. Planting schedule containing symbols, quantities, common and botanical names, size
of plant materials and root condition.
5. Planting details illustrating proposed locations of all new plant material.
6. Details of restoration of disturbed area including areas to be sodded or seeded.
7. Locations and details of other landscape features including berms, fences and planter
boxes and all other landscaped features.
8. Location and details of irrigation systems; and details and cross sections of all
required screening.
9. Identification of all Significant Trees as defined in Title 15. Environmental Standards,
existing stands of trees and tree removal plan identified.
D. Minimum Area and Plant Material Required.
At least 25 percent of the land area must be landscaped with grass, ground cover,
shrubbery and trees.
2. At least ten percent of any surface parking lot or area must contain landscape
medians, tree trenches, or other pervious landscape area.
3. The minimum tree and vegetation planting size requirements are established in Table
[124A-5.1].
Table IZ-4A-S.l Minimum Sizes of Required Plantings
Overstory deciduous trees � 2 %inches in diameter
Ornamental trees
Coniferous trees
1 '/:inches in diameter
6 feet tall
Major shrub plantings (5 gallons
4. As many existing native and non-invasive trees as is practicable must be preserved
and must be shown on the Site Plan. All Significant Trees scheduled for removal
must be identified on the Site Plan. A Significant Tree is defined in Title 15.
Environmental Standards,
5. Removal of all invasive trees or plants should be identified as part of the initial
landscape plan.
6. All new overstory trees must be balled and burlapped or moved from the growing site
by tree spade.
7. All site areas not covered by buildings, sidewalks, parking lots, driveways, patios or
similar hard surface materials must be sodded or planted with a native ground cover,
except undisturbed areas to be preserved in a natural state and areas planned for
future building expansion may be seeded.
8. A maximum of 50 percent of the required number of trees may be composed of one
species. The following trees species do not qualify for the Required Plantings:
(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 genus Populus (poplar).
(4.) Female ginkgo.
(5.) Amur maple.
(6.) Norway maple.
(7.) Russian olive.
(s.) Ash.
(9.) Buckthorn.
(10.) Black locust.
9. Maintenance of Landscaping. The owner, tenant and their respective agents are
jointly and severally responsible for the maintenance of all landscaping in a condition
presenting a healthy, neat and orderly appearance that is free from refuse and debris.
The owner or developer is responsible for the removal of all invasive species during
the construction or redevelopment process. After site development or redevelopment,
the owner or their assigns, must continue to remove invasive species from their lot or
landscape areas according to an agreed maintenance schedule. Trees, plants and
ground cover that die and are required by an approved Site Plan or Landscape Plan
must be replaced as soon as seasonal or weather conditions allow.
a. A plan to provide adequate maintenance of landscaped areas must be provided as
part of the Landscape Plan review. An underground sprinkler system may be
required as part of any new development depending on the planting plan and the
required maintenance based on the plant types. A sprinkler system must be
designed to water and maintain all manicured landscape areas that are not
designed with native plants.
10. Bond Requirements.
a. When screening, landscaping or similar improvements to property are required by
this Chapter, a performance bond must be supplied by the owner in an amount
equal to at least one and one-half (1.5) 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 must 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.
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 or owner. Extensions may not exceed nine (9) months and 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.
12-4A-6 Impervious Surface Requirements
A. Purpose. The purpose of this Section is to establish standards for calculating impervious
surface on a lot to ensure that each lot has pervious area to help support localized surface
water and stormwater management.
B. Applicability. The following standards apply to all Base Zoning Districts. Additional
standards and regulations may be identified in an Environmental Overlay District, and
where such standards exist, the more restrictive standard shall apply.
C. General Provisions,
1. Impervious Surface Coverage calculations must include any ground surface material
or structure that retards water from being absorbed into the ground. Such impervious
surfaces include, but are not limited to, covered structures such as buildings and
structures, gazebos and decks, asphalt, concrete, class 5, pavers or similar.
a. If an Owner proposes to use a pervious paver or pavement and exclude it from the
impervious calculation, the Public Works Director must review the specification
and determine that the material if properly maintained does not meet the
definition of impervious and can be excluded from this requirement.
To determine the impervious surface coverage on a lot the total ground floor area of
buildings, structures and improvements such as sidewalks, driveways, accessory
buildings or structures, etc., must be added to determine the combined total square
footage. The total square feet of impervious surface may not exceed the maximum
impervious surface coverage percent of a lot as established in Chapter 2 of this
Zoning Ordinance.
3. A property Owner may appeal the decision of the Zoning Administrator or Public
Works Director that a material or structure is pervious and therefore does not
contribute to the impervious surface calculation. The appeal process is established in
[Chapter 5. Administration] of this Zoning Ordinance,
12-4A-7 Structure Height Standards
A. Purpose. The purpose of this Section is to establish certain exceptions or regulations to
the maximum height permitted in a Base Zoning District.
B. Exceptions for Increased Maximum Height in all Zoning Districts
1. The maximum height established in each Base Zoning District contained in
Chapter 2 may be increased by 50 percent for the following structures:
i. Belfries, chimneys, church spires, cooling towers, cupolas and domes
which do not contain usable space, elevator penthouses, fire and hose
towers, flagpoles, monuments, observation towers, smokestacks, water
towers.
2. Parapet walls extending a maximum of three feet (3') above the permitted height
of the building established by the Base Zoning District.
3. Properties or lots located in the Mississippi River Corridor Critical Area
(MRCCA) are subject to the height standards if more stringent than the exceptions
stated herein.
C. Height Standards for Infill Development in R-1 Zoning District. The following height
standards are established for any infill lot in the 0-1 7oning District:
1. The permitted maximum height shall be determined by taking the average of the
two adjacent principal residential structures, but in no case shall the maximum be
set lower than 15-feet.
2. To exceed the maximum height established in C.1, a Conditional Use Permit must
be obtained. In no case shall the permitted height exceed 25-feet unless a
Variance is also obtained.
D. Properties or lots located in the Mississippi River Corridor Critical Area kMRCCA) are
subject to the height standards established by Chapter [6] if more stringent than the
exceptions stated herein.
12-4A-8 Accessory Structure Standards
A. Purpose. The purpose of this Section is to regulate the type, placement, size, and use of all
Accessory Structures in the City. The City has determined that regulating Accessory
Structures protects the character of neighborhoods by ensuring that development and use
of individual lots is consistent and maintains orderly development patterns.
B. Applicability and Type. All Accessory Structures in the City are subject to certain
standards and regulations as described herein. In addition to the General Provisions, the
City has classified Accessory Structures into three categories:
1. Private Garage. Means an Accessory Structure that is generally used for storage of
personal vehicles and other residential storage and is for the purpose of serving a
single-family attached or detached residential unit.
2. Storage Building. Means an Accessory Structure that is generally used for the storage
of personal items. Such structures may include a small storage shed or chicken coop,
etc.
3. Non -Building Structures. A Non -Building Accessory Structure means any permanent
physical improvement to a lot that does not meet the definition of a Building. Such
Accessory Structure is permanently affixed to the land and may increase the
impervious coverage of a property, is subject to certain dimensional requirements and
may require an Administrative Permit. Examples of Accessory Structures include, but
may not be limited to: sport courts, above ground or inground swimming pools, swing
sets, children's play structure or treehouse, sandboxes/volleyball courts, sport court,
gazebos, patios, etc. There is no limit on the number of permitted non -building
accessory structures permitted on a lot.
C. General Provisions. The following standards are established and are applicable to all
residential and non-residential Accessory Structures in the City.
1. Setback Requirements. All lots must meet the following standards:
a. No detached Accessory Structure that is a building shall be located closer to the
front lot line than the Principal Building on that lot.
b. Setback from Principal Building. No detached Accessory Structure that is a
Building shall be erected, altered, or moved within five feet (5') of the Principal
Building.
�. All other Accessory Building setback requirements are established in Chapter 2 of
the Base Zoning District in which the lot is located.
d. All Accessory Structures that are not Accessory Buildings must be a setback a
minimum of five feet (5') from any lot line,
2. Impervious Surface Requirements. All lots must meet the impervious surface
coverage requirements as established in the Base Zoning District in which the lot is
located. The calculation must include all Accessory Structures as described herein if
they meet the definition of impervious.
3. No Accessory Structure shall be permitted to be constructed on a site without a
Principal Building or Use.
4. Time for Construction. No Accessory 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.
5. Use Restrictions. No Accessory Building, tent, or any other temporary Accessory
Structure may be used as an occupied dwelling for human habitation.
6. Subdivision. In the event that any property upon which an Accessory Structure has
been erected and is later subdivided, then the number and size of Accessory
Structures on the subdivided property shall conform to the requirements of this
Zoning Ordinance. Any Accessory Structures that do not conform must be relocated,
removed or reconstructed so that all resulting lots and improvements conform with
this Zoning Ordinance,
7. Administrative Permit Required. All Accessory Structures require an Administrative
Permit to verify size and location of the structure to ensure compliance with the
standards and requirements identified in this Chapter.
D. Private Garage. The following standards shall apply to all Accessory Structures that are
defined as a Private Garage,
1. General Provisions applicable to all lots or parcels.
a. One (1) Private Garage, which may be attached or detached to the Principal
Building, per residential lot or unit is permitted in all Residential Base Zoning
Districts.
b. The size of a Private Garage shall be calculated based on the building footprint
area. The following size standards shall apply:
(1.) Private Garage Attached to Principal Building.
(i.) Up to 1,200 square feet; or
(ii.) Greater than 1200,square feet to 1,500 square feet with a Conditional
Use Permit.
(2.) Private Garage Detached from Principal Building.
Up to 750 square feet; or
Greater than 750 square feet to 1,000 square feet with a Conditional Use
Permit,
2. Exception for Two (2) Private Garages on a Lot. kin parcels that contain more than
0.75 acres of Buildable Area a second detached Private Garage may be permitted
provided the standards established in Table [12-4A-8.1] and any other applicable
standards are met.
Table 12-4A-8.1. Maximum Size of Second Detached Private Garage.
>0.75 —1.5 acres
750 sq. ft.
1,000
sq.
ft.
>1.5 acres — 2.5 acres
1,000 sq. ft.
1,200
sq.
ft.
>2.5 acres — 5.0 acres
15500 sq. ft.
1,800
sq.
ft.
>5 acres
2,000 sq. ft.
21400
sq.
ft.
3. Standards For Private Garages
(1) Floor Elevation. The floor of a Private Garage must be at least one and one-
half feet (1 ''/z') 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.
(2.) Garage Doors. No more than 36 linear feet of garage door per structure as
viewed from the public right-of-way, measured horizontally, may be
installed to provide access to any Private Garage or other Accessory
Building on a single- or two-family residential property. More than 36
linear feet of garage door as viewed from the public right-of-way may be
permitted with a Conditional Use Permit.
(3.) Height. Maximum height of a garage door is nine feet (9'), or up to 12 feet
may be permitted with a Conditional Use emit
(4.) Total Size. The total building footprint area of all attached and detached
Private Garages on a lot may not exceed the finished square footage of the
Principal Building.
(5.) Design Compatibility. Detached Private Garages must be architecturally
compatible with the Principal Building, including exterior design, materials
and colors.
E. Storage Buildin¢. The following standards shall apply to all Accessory Structures defined
as a Storage Building.
a. General Provisions applicable to all Zoning Districts.
(1.)
One (1) Storage Building is permitted on each lot or parcel in all Base
Zoning Districts.
(2.)
The maximum size of a Storage Building is 144 square feet.
(3.)
Exception for two (2) Storage Buildings. A second Storage Building is
permitted on each lot or parcel if the Storage Building is defined as a
Chicken Coop and Run that meets the specific requirements as provided in
[Subsection (2.) herein]. A lot may contain only a Chicken Coop and Run,
and depending on its size, may impact the permitted square footage of a
second Storage Building as identified in (iv.) below.
(4.)
A maximum of 225-square feet of combined Storage Building and Chicken
Coop/Run is permitted on each lot/parcel in all Base Zoning Districts.
b. Storage
Building - Requirements for Chicken Coops and Runs. The following
standards
are applicable to all Chicken Coops and Runs:
(1.)
Size, Setback and Building Requirements.
(i.) The required dimensions of a coop and run are:
(a.) The interior floor space of the chicken coop must provide a
minimum of two (2) square feet for each chicken authorized under
the Administrative Permit. The floor area of the run must have a
minimum of five (5) square feet per chicken. The maximum area of
the coop and run is 144 square feet.
(b.) The maximum height of the coop and run is ten feet (10'), regardless
of if it is attached to an Accessory Structure used for other purposes.
The chicken coop portion of such a structure may not be taller than
ten feet (10').
(c.) The coop and run must be set back a minimum often feet (10') from
the side and rear lot lines of the property on which the coop is
located. The coop and run must be located in the rear or side yard
and are not permitted in the front yard of a property.
(dJ The chicken run shall be fully enclosed (sides and top) by fencing or
other similar materials.
(2.) Regulations. The keeping, harboring, maintaining, or possessing of any
chicken must comply with the following:
(i.) Limit. a maximum of six (6) chickens shall be kept or harbored on the
lot to which the Administrative Permit is granted.
(ii.) Roosters. The keeping of roosters is prohibited.
Slaughter. Slaughtering of chickens on any property zoned for
residential use is prohibited.
(iv.) Eggs. No chicken eggs shall be sold or offered for sale; all chicken eggs
shall be for personal use or consumption.
(v.) Fighting. Chickens shall not be raised or kept for fighting.
(vi.) Food Food materials stored outside must be contained within closed
containers with lids.
(vH.) Sanitation. All containment areas and structures shall be maintained in a
clean, sanitary and odor free environment and must be free from rodents
or other pests at all times.
(viii.) Disposal of Waste. Fecal waste or coop related litter must be removed at
such reasonable times to prevent odors from emitting over property
lines. Such waste or litter must be double bagged and disposed of
properly. Waste or litter is allowed to be composted on the property,
provided the composting is done in a sturdy, weather resistant compost
bin or dedicated enclosure. Should the composting be done in an
unhealthy or ineffective manner, whereby creating a public nuisance or
complaint from a neighboring resident, the permit holder shall
immediately cease all waste composting on the property and remove
such waste composting bin(s) if so ordered by the Zoning Administrator
or animal warden.
(ix j Nuisance. Chickens may not be kept in such a manner as to constitute a
public nuisance. Any violation of the provisions of this Subsection shall
be deemed a public nuisance.
(x.) Inspection. Any chicken coop and run authorized under this Section
may be inspected at any reasonable time by the Zoning Administrator,
animal warden or their designee.
addition to the Administrative Permit application requirements
established in Chapter 5, the following information shall be submitted
with the application:
(a) The number of chickens to be kept on the premises; and
(b.) A Site Plan to show the location, the dimensions and design of the
coop and run. The Site Plan must show detailed dimensions to
demonstrate compliance with the chicken coop and run
specifications provided in this Section; and
(c.) A statement certifying whether the property's homeowners'
association rules, if any, prohibit the keeping of chickens on the
property; and
(d.) Any other and further information as the City deems necessary.
(xii.) Revocation. An Administrative Permit granted under this Section of the
Code may be revoked by the Zoning Administrator or Animal Warden
with a finding in writing to the Applicant that a violation of any of these
standards has occurred or that there is a threat or public health, safety or
welfare. Such revocation may be appealed to the City Council, whose
decision shall be final.
F. Non -Building Accessory Structure. The following standards shall apply to all Accessory
Structures defined as a Non -Building Accessory Structure.
a. General Provisions applicable to all Base Zoning Districts.
(1.) Impervious Surface Coverage. The permitted size and area of Non -Building
Accessory Structures is limited by the maximum impervious surface
coverage established for the Base Zoning District in which the lot is located.
Such improvements must be calculated and combined with all other
improvements on the lot to demonstrate compliance with the maximum
impervious surface coverage requirements.
(2.) Temporary Non -Building Accessory Structures. Any temporary structure
such as a seasonal hoop house, garden structure, ice rink boards, etc., that is
installed for seasonal purposes, must be sited to meet all applicable setbacks
and may not be permanently affixed to the ground on a year-round basis and
is not subject to the impervious surface calculation.
(3) Location. A Non -Building Accessory Structure, provided such structure is
not covered with a roof or similar architectural treatment, may be located in
front of a Principal Building if it is properly screened from the public right-
of-way and it meets the required front yard setback.
b. Specific Provisions regarding certain Accessory Structures.
(1.) Children Play Structure or Treehouses. A play structure or treehouse may
not include a permanent foundation, sheetrock, power, plumbing or any
other improvements that would require a building or electrical permit. A
play structure or tree house not meeting this criterion is not permitted.
G. Temporary Family Healthcare Dwellings. Pursuant to authority granted by Minnesota
Statutes Section 462.3593, subdivision 9, the City of Mendota Heights opts out of the
requirements of Minnesota Statutes Section 462.3593, which defines and regulates
temporary family healthcare dwellings. By opting out, the City expressly prohibits
temporary family healthcare dwellings as defined in Minnesota Statues Section 462.3593,
12-4A-9 Off -Street Parking and Loading
A. Propose. The purpose of this Section is to regulate off-street parking and loading spaces to
alleviate or prevent congestion of the public right-of-way; to promote the safety and
general welfare of the public by establishing minimum requirements for off-street parking;
and to provide standards for loading and unloading motor vehicles based on the use of a
lot, parcel or structure.
B. Applicability. The regulations and requirements set forth in this Section shall apply to any
required or nomequired off-street parking facilities in all Base Zoning Districts.
C. Site Plan Required. All applications for an Occupancy Permit must include a Site Plan
application as described in Chapter [5] Administration to demonstrate adequate off-street
parking and loading facilities are provided.
D. General Provisions.
1. Floor Area. For the purpose of calculating the number of off-street parking spaces
required, the net usable floor area of the floors devoted to retail sales, services, office
space, processing and fabrication, exclusive of hallways, utility space, and storage
areas other than warehousing shall be used.
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 may not be
reduced in number unless the number of existing spaces 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, every 22 inches of seating area is equivalent to one (1) seat for the
purpose of determining the number of required parking spaces.
4. Size of Spaces. The dimensions of each parking space must be a minimum of nine feet
(9) wide by 20 feet in length, exclusive of access drives. The length of the parking
space may be reduced to 18 feet if the parking space is designed to overhang a green
space or landscape area.
5. Parking Space and Drive Aisle Standards. Unless otherwise noted in this Zoning
Ordinance, parking space and drive aisle standards shall be designed to comply with
the standards established in Table [12-4A-9.1] Parking and Drive Aisle Standards,
6. Use of Parking Facilities.
a. Residential Base Zoning District. The following standards apply to all property
located in a Residential Base Zoning District.
(i.) Off-street parking facilities accessory to a principal residential use must
be utilized solely for parking of passenger automobiles.
(H.) Under no circumstances shall parking facilities accessory to residential
structures be used for open area storage of commercial vehicles.
(Hi.) No Semitrailer, Truck Tractor, or a combination thereof, or any Custom
Service Vehicle as defined in Title X, Section [6-1-2] of the City Code,
or any truck in excess of 9,000 pounds gross vehicle weight may be
parked within a Residential Base Zoning District except for the purpose
of loading, unloading, or in the process of making a delivery.
(iv.) Exceptions in Residential Base Zoning Districts. For each dwelling unit,
one truck not to exceed 3,000 pounds rated capacity may be parked on a
residential lot, provided that such truck is used by the occupant of the
residence.
b. Commercial or Industrial Base Zoning District. The following standards apply to
any property located in the Commercial or Industrial Base Zoning Districts.
(i.) Any off-street parking space that is required to be provided for employees,
patrons, visitors, etc., of a permitted use may not be utilized for open
storage of goods or for the storage of vehicles which are inoperable, for
lease, rent or sale.
7. Location.
a. Residential Base Zoning Districts: Any required off-street parking in the
Residential Base Zoning Districts must be on the same lot as the Principal
Building.
b. Setbacks in all Base Zoning Districts: Required off-street parking in all Base
Zoning Districts must meet the following setback requirements:
(1.) Within all Residential Base Zoning 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 located in a rear yard to within five feet (T) of an interior side lot
line and rear lot line.
(2) All driveways constructed to serve single-family dwellings on corner lots
must be set back a minimum of 30 feet from the property lines adjacent to
the street corner.
c. Setbacks in Business and Industrial Base Zoning Districts: (See Figure [12-4A-
9.1 and 12-4A-9.2] of this Section.)
(1.) In the B-1, B-2 and Industrial Zoning Districts when a property is located
across the street from a property zoned R-1, parking spaces may not be
located within the front yard.
(2.) In B-1, B-2 and Industrial Zoning Districts, when a property is located
across the street or abuts a Residential Base Zoning District, the required
parking spaces must be located a minimum of 20-feet from the abutting lot
lines.
(3.) In the Industrial Zoning District, parking spaces or aisles serving parking
areas must be setback a minimum of 204eet from any public right-of-way
and a minimum of ten feet (10') from a building or lot line.
Figure I2-4A-9.1 Business and Industrial Off -Street Parking -Across or
Abutting a Base Residential Zoning District)
STREET
8. Surface and Materials.
a. Any required off-street parking area must 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 Base Zoning District must have a solid
screen, wall or fence a minimum of four feet (4') high but may not exceed six feet
(6') high.
9. Screening. Screening ofoff-street parking must comply with the standards established
in Section [124D-2].
10. If a property is zoned B-1, B-2 or Industrial and is not across the street or abutting a
Residential Base Zoning District, the parking spaces must be located at least 20 feet
from the front lot line and ten feet (10') from any side or rear lot line. For the purpose
of applying this Section, all lot lines abutting a public street are considered a front lot
line. See [Figure 12-4A-9.21 of this Section.
Figure 12-4A-9.2 Business and Industrial Off -Street Parking — Not Across or
Abutting a Base Residential Zoning District
(1.) Within the B-1, B-2 and Industrial Base Zoning Districts, off-street parking
spaces must be setback a minimum of 20' from any public street right-of-way
line.
11. Driveway Access Required. All off-street parking spaces must have access from a
driveway and may not be accessed directly from a public street.
12. Joint Parking Facilities. Off-street parking facilities for a combination of one or more
uses may be provided collectively in any Base Zoning District except for single-
family detached uses, provided that the total number of spaces equals the sum of the
separate requirements for each use.
13. Off Site Parking Facilities. When required accessory off-street parking facilities are
provided other than on the lot on which the principal use is located, written authority
for using such property for off-street parking must be filed with the City so that the
required number of off-street parking spaces for the duration of the principal use is
maintained. No off -site parking facilities may be located more than 100-feet from the
principal use.
E. Design And Maintenance of Off -Street Parkin Areas.
1. Access, Width and Location. Parking areas must be designed to provide an adequate
means of access to a public alley or street. The driveway access may not be more than
25-feet in width at the property line in Residential Base Zoning Districts and may not
be more than 30-feet in width at the property line in all other Zoning Districts. The
driveway access must be located to cause the least interference with traffic
movement.
2. Calculating Space. When the number of required off-street parking spaces results in a
fraction, each fraction of one-half (1/2) or more shall require a full space.
3. Signs. Signs located in any parking area necessary for orderly operation of traffic
movement are not to be included as a part of the permitted advertising sign square
footage.
4. Surfacing. Subject to the provisions of [Section 124B-2B2] of this Chapter, the area
intended to be utilized for parking space and driveways must be surfaced with a hard,
all weather, durable material and is subject to the approval of the City Council, except
for parking areas of less than three (3) vehicles.
5. Lighting. Lighting must have no direct source of light visible from the public right-of-
way or adjacent land in a Residential Base Zoning District.
6. Curbing, Bumper Guards and Landscaping. All open off-street parking areas
designed to have head in parking along the interior property line must 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 must be created at the required parking setback line, and
grass or planting must occupy the space between the property line and the required
curb or fence.
7. 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,
accessways, landscaping and required curbs and fences.
F. Number of Required Off -Street Parking Spaces. The number of required off-street parking
spaces based on the use of a structure or property is identified in Table [124A-7.3].
Table 12-4A-7.3 Required Number of Off -Street Parklug Spaces
Auto repair - major, bus terminal, taxi terminal, boat and
marine sales, bottling company, shop for trade
Minimum of 8 spaces, plus 1 additional space for each
employing 6 people or less, garden supply store,
800 square feet of floor area over 1,000 square feet.
building material sales
Bowling alley
5 spaces for each alley.
1 space for every 31/2 seats based on the design
Church, auditorium, gathering/congregating space
capacity of the main assembly hall.
Community center, post office, YMCA, YWCA, physical
10 spaces, plus 1 space for every 300 square feet of
culture studio, pool hall, library, private club, lodge,
floor area greater than 2,000 square feet in the principal
museum
structure.
4 spaces, plus 1 space for every 500 square feet of floor
Daycare center
area greater than 1,000 square feet in the principal
structure.
I space for each employee per shift in addition to at
Drive-in and fast-food restaurant
least 1 space for every 15 square feet of gross floor area
in the building, as per [Section 12-3134B.51 of this Title.
Furniture store, appliance store, warehouse - under
1 space for every 500 square feet of floor area in the
15,000 square feet of floor area; auto sales, and studio
principal structure.
Golf course, country club, tennis club, public swimming
20 spaces, plus 1 space for every 300 square feet of
pool
floor area greater than 1,000 square feet in the principal
structure.
Hospital
1 space for each 1 hospital bed.
Manufacturing, fabricating or processing of a product or
Minimum of 4 spaces, plus 1 space for every 600 square
material
feet of building; and 1 space for every 2,500 square feet
or fraction thereof of land devoted to outside storage.
Motel, motor hotel, motor court, or hotel
1 space for each guestroom.
Minimum of 4 surface spaces, plus 3 spaces for each
enclosed service stall; and 1 outside space for every 150
Motor fuel station and motor fuel station convenience
square feet of floor area devoted to retail sales in a
store
motor fuel station convenience store. In the case of
rental of trailers, trucks and other vehicles, 1 space must
be provided for each rental unit stored on site.
Multi -family residential use (5+dwelling units)
1 space per dwelling unit, or 1 space per bedroom,
whichever is greater.
Office building and professional office having less than
3 spaces, plus 1 space for every 500 square feet of net
6,000 square feet of floor area
usable floor area.
Office building and professional office having 6,000
square feet or more of floor area, bank, savings
1 space for every 200 square feet of net usable floor
institution
area.
Restaurant, cafe, bar, tavern, nightclub
1 space for each employee per shift and 1 space for
every 3 seats in the facility.
Retail sales and service establishment
Minimum of 7 spaces, and 1 space for every 200 square
feet of gross floor area greater than 1,000 square feet.
School, high school
1 space for every 7 students (based on design capacity)
plus 1 space for every 3 classrooms.
1 space for each classroom, plus 1 space ry
School, trade school and college
students, (based on design capacity) plus parking ratios
based on other uses established on this table.
Single-family detached or attached dwelling unit (1 to 4
dwelling units)
2 spaces for each unit, one must be covered.
Skating rink, dance hall, public auction house, golf
Minimum of 15 spaces, plus 1 additional space for every
driving range, miniature golf, trampoline center and
300 square feet of floor area greater than 2,000 square
similar uses
feet.
Theater, athletic field
1 space for every 3 seats (based on design capacity).
Warehouse, storage handling of bulk goods
1 space for every 2,000 square feet of gross floor area.
Uses not specifically noted
As determined by the City Council following review by
the Planning Commission.
G. Off -Street Loading and Unloading.
1. Location:
a. All Loading Berths must be off-street and must be located on the same lot as the
building or use to be served.
b. Minimum Setbacks of a Loading Berth.
(i.) A minimum of 50 feet from the intersection of two (2) street rights -of -
way.
A minimum of 100 feet from the intersection of street rights -of --way of
major thoroughfares.
(iii.) A minimum of 50 feet from a Residential Base Zoning District, unless
the Loading Berth is fully enclosed within a building.
c. Loading Berths must be located outside the require front yard setback.
d. Size. Unless otherwise specified, the first Loading Berth shall be not less than 12
feet in width and 50 feet in length. Additional Loading Berths must not be less
than 12 feet in width and 25 feet in length. All Loading Berths must maintain a
height of 14 feet or more.
e. Access. Each Loading Berth must be located with appropriate means of access to
a public street or alley in a manner that will interfere least with traffic.
f. Surfacing. All Loading Berths and accessways must be surfaced with asphalt or
concrete.
g. Screening. External loading and service areas must be completely screened from
the ground level view from any abutting residential or commercial properties and
any public right-of-way, except at access points and driveways. Minimum
screening requirements are set forth in [Section 12-4D-2B].
h. Accessory Use Prohibited. Any area allocated as a required Loading Berth or
access drive to comply with the terms of this Chapter may not be used for the
storage of goods, inoperable vehicles, and may not be included as a part of the
area required to meet the off-street parking area.
H. Required Loading Berths. The use of a property is correlated to the required number of
Loading Berths on a site. All uses must comply with the standards established in Table
[12-4A-9.4.]
Table 12-4A-9.4 Required Number of Loading Berths
1 Berth 25 feet in length for each building having 1,000 to 10,000
Auditorium, convention hall, public building, square feet of floor area; for those buildings having 10,001
hospital, school, hotel, sports arena square feet of floor space to 100,000 square feet of floor area or
fraction thereof, 1 additional Berth 50 feet in length.
1 Berth 25 feet in length for each building having 3,000 square
Manufacturing, fabrication, processing and feet or fraction thereof, plus 1 Berth 50 feet in length for each
warehousing 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 % or more of the total number of Berths required shall be 50
feet in length.
1 Berth 25 feet in length for each building having 6,000 square
Retail sales and service store, office
feet of floor area or more, plus 1 additional Berth 50 feet in
length for each 25,000 square feet of floor area up to 100,000
square feet.
Nonresidential uses having 5,000 square feet of
4,000 to 20,000 square feet of floor area, 1 Berth; for every
floor space or more and not included as part of
additional 10,000 square feet of floor area or fraction thereof
the above 3listed uses
above 2,500 square feet, 1 additional Berth.
12-4A-10 Fences
A. Purpose. The purpose of this Section is to regulate the placement, height and type of
fencing permitted in the City. The City has determined that fencing can be an effective
buffer or screen between visually incompatible uses and can function to separate or
delineate between individual lots. The following standards are established.
B. Applicability. The following standards shall be applicable to all Base Zoning Districts.
1. Permit and Compliance Required:
a. Application. An application for a Fence Permit is required for any fence six feet
(6') or less in height. A Fence Permit and a Building Permit are required for any
fence in excess of six feet (6').
b. Exception. Temporary fences installed to surround a hockey or skating rink do not
require a Fence Permit during the winter season. Fences for this purpose are
permitted to be a maximum of four feet (4') or less in height and must be removed
no later than March 31 of each year.
2. Location.
a. All fences must be located entirely on the private properly of the persons, firms or
corporations constructing or causing the construction of such fence unless the
owner of the adjoining property agrees in writing that such fence may be erected
on the property line of the respective properties.
b. No fence may be installed in a location that would prevent a fire hydrant from
being immediately discernible or in any manner to deter or hinder the fire
department from gaining immediate access thereto.
3. Construction and Repair.
a. Construction and Maintenance:
(1.) Every fence must 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 must be maintained in a condition of reasonable repair and may
not become, or remain, in a condition of disrepair or danger, or constitute a
nuisance, public or private.
(3.) Any fence that is in violation of this Chapter, 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.
(4.) Face Side: That side of the fence considered to be the face (the side opposite
the post) must face abutting property or the street or other public right-of-
way.
(5.) Height: The Fence height shall be measured at a point six inches (6") below
the top of the supporting posts. No fence or material between posts is
permitted to be greater in height than the highest post on either side of said
fence material.
C. Fences in Residential Base Zoning Districts.
1. Height, Style and Location.
a. Front Yard. The maximum height of a fence in a front yard is four feet (4') in
height.
b. Interior Lot Line. The maximum height of a fence erected on interior lot lines
behind the front yard setback line and on any rear lot line is six feet (6') in height.
c. Rear Yard. The maximum height of a fence erected on a rear lot line is six feet
(6') in height.
d. Corner Lot. The maximum height of fence along that portion of the side lot line
equal to the front yard setback is four feet (4'). A fence up to six feet (6') may be
permitted but must be reviewed and approved by the Public Works Director.
Additional setbacks from the property line may be required at the discretion of the
Public Works Director based on existing improvements or the presence of any
easements.
e. Style of Fences. Fences in front yards must be an open decorative style fence so
that at least 30 percent of the plane between the ground and the top of the fence is
open.
f. 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 requires a Conditional
Use Permit, and must comply with the following conditions:
(1) The applicant must 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 must be reviewed, and
approved, by the Police and Fire Departments prior to installation.
(3.) The minimum setback of a gate from the paved edge of a street is 25 feet.
(4.) Gates may be a maximum of five (5') feet in height.
(5.) The gate must 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 Department or a Code
Enforcement Officer at all times. The override mechanism must be properly
functioning and must not be disabled by the property owner.
(7.) Gates are considered fences for the purposes of this Subsection [12-4A-
1 OC], requiring a Building Permit, and are subject to all other applicable
fence regulations, including, but not limited to, building materials.
(8.) Any gate that does not meet the standards set forth in this Subsection [12-
4A-10-C1e], or that is determined by the Police or Fire Department or a
Code Enforcement Officer to not be properly functioning or properly
maintained, must be immediately repaired or removed upon notice to the
property owner. For purposes of this Subsection [12-4A-10-C1e], 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. Exception to Height. chain -link fences used for the enclosure of tennis courts may
be a maximum of ten feet (10') in height and may not be located within the
required front yard setback.
b. Barbed Wire Fences Prohibited. Chain -link fences must be constructed in such a
manner that no barbed ends shall be at the top.
Figure 12-4A-8.1 Residential Fence Requirements
STREET
I ED Maxi Height of Fence: a Fast
1 Maximum Height of Fence_ a Foot
• Sight Msibllily Area: no fences, sauctures or plantings shall
be pendged to exceed 3W in height In street corner areas
(deflned as the triani area meawred 30' x 30' along road
ROW lines)
D. Fences hi Business. Industrial Zonine Districts and Public/Semi-Public Overlav District.
1. Height. Fences may be erected along the property line and to a maximum height of
six feet (6').
2. Specifications. Fences on Business, Industrial and PSP-O properties abutting a
Residential Base Zoning District must be erected a minimum of six inches (6") from
the property line, must be one hundred percent opaque, and may not exceed six feet
(6') in height, except for those provided in Subsection [12-4A-D3] of this Section.
a. If the required fence is adjacent to a public right -of --way it must be four feet (4) in
height, and must be erected and maintained in the front portion of the lot or along
the side or rear property line that abuts the Residential Base Zoning District.
b. If a Business, Industrial or PSP use has a required off-street parking lot with six
(6) or more vehicles, and the parking lot is located abutting a Residential Base
Zoning District, a six foot (6') fence must be erected along the required parking
setback line, and any fence in the front yard must meet the standards in (a.) of this
subsection. The required fence must be a minimum of 80 percent opaque.
3. Conditional Use Permit for Certain Fences. Fences over six feet (6') in height or
fences with a security arm or barbed wire must obtain a Conditional Use Permit.
E. Permitted Encroachments onto Public Ways. Notwithstanding the other requirements of
Subsection B, C or D , fences between four feet (4') in height and six feet (6') in height
may be allowed to encroach into rear yards of corner and through lots or side yards of
corner lots through administrative approval by the Public Works Director and
Zoning
Administrator (or their assigns)
when said yard abuts a public street;
provided
that the
fence is not be constructed on a
public easement for street, utility, or
drainage
purposes.
12-4A-11 Signs
A. Purpose. The purpose of this Section is to regulate the size, placement and visual
appearance of signs in the City. Signs are a permitted accessory use in all Zoning Districts
subject to the following regulations.
B. Permit Requirements.
1. Permit Required. Except as herein exempted, no person, firm or corporation shall
install, erect, relocate, modify, alter, or change the color on any sign in the City
without first obtaining a permit.
2. Application. Application for permits must be made in writing upon printed forms
furnished by the City, and must 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.
3. Enforcement. In addition to any other remedies available to the City, a triple fee shall
be charged if a sign is erected without first obtaining a permit for such sign.
4. Exemptions. No permit is required for the following signs; provided, however, that all
signs herein exempted from the permit requirements must conform with all other
requirements of this Zoning Ordinance:
a. Signs erected by a governmental unit.
b. Signs which are entirely within a building and not visible from outside the
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 temporary signs in conjunction with
the sale of household goods and materials from private residences.
e. Real estate signs as regulated in Subsection [C] of this Section.
f. Election signs as regulated in Subsection [G] of this Section.
g. Holiday displays are not considered signs for the purposes of this Section.
C. Real Estate Signs.
1. For purposes of selling or leasing property, a sign with a maximum of 15 square feet
per surface may be placed within the front yard of the properly to be sold or leased.
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, or a commercial building, or an industrial building the total
sign area to promote the project or building shall not to exceed 100 square feet of
advertising surface. For any new development, such sign shall not remain after 90
percent of the project is developed or occupied.
a. A banner or other sign affixed to a building may be permitted provided such sign
is temporary and is removed once the property is bought or leased. Such banner
may only promote a real estate transaction of the subject property.
D. Temporary Signs. There shall be no more than one temporary (3 months or less) sign on
any lot. The maximum total area of such sign is 25 square feet.
E. 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 an Interim Use Permit to locate signs and decorations on or within city right-of-
way for a specified time not to exceed 60 days.
2. Illuminated flashing signs within the RE, R-1, R-2, R-3, MU, 13-1 or B-2 Base Zoning
Districts,
3. Illuminated signs or devices giving off an intermittent, steady or rotating beam
consisting of a collection or concentration of rays or lights greater than two (2) square
feet in area.
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 on fences, rocks, or similar structures or features.
6. Feather flag signs.
7. 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.
8. Roof signs.
F. NonconformingSigns. igns. 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.
G. Election Signs.
1. Election signs are permitted on private property in any Base Zoning 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 Residential Base Zoning District 46 days or
more before the state primary 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 100-feet of a building in
which a polling place is situated or anywhere on public property on which a polling
place is situated. This restriction does not apply to adjacent private property.
H. Signs In Residential Base Zoning Districts. Within any Residential Base Zoning Districts,
the following signs are permitted:
1. One nameplate sign per dwelling unit. 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 ofsix (6) or more units. 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 use, and such sign shall not exceed 12 square feet in area per surface.
a. By Conditional Use Permit, a nonresidential use in a Residential Base Zoning
District which is allowed either as a Permitted or Conditional Use may qualify for
a second nameplate sign, provided that each of the following requirements are
met:
(1.) The parcel on which such a sign is proposed must be a minimum of 40
acres.
(2.) The parcel on which such a sign is to be located must have frontage on at
least two (2) public roadways.
(3.) No more than one sign may be allowed to be oriented toward any one
public roadway.
(4.) The sign may be a maximum of 100 square feet in area per surface.
(5.) The sign may be a maximum of nine feet (9') in height from the average
natural grade at the base of the sign.
sign may be illuminated, provided
the
direct source of light
is not
visible from the public right-of-way or
any
adjacent
Residential
Base
Zoning District.
(7.)
The
sign
may not
be constructed as an internally lit cabinet.
(8.)
The
sign
must be
constructed in a monument style fashion, including a base
of natural stone, brick or other masonry material.
(9.) The sign area shall be landscaped with materials subject to a plan submitted
with the CUP application and approved by the City Council.
(10.) Lighting of the sign must be limited from dusk to twelve o'clock (12:00)
midnight.
Conditional Use Permit, a use in a Residential Base Zoning District which is
allowed either as a Permitted or Conditional Use may qualify for a wall sign in
addition to a nameplate sign, provided that each of the following requirements are
met:
a. The parcel on which such a sign is proposed must be a minimum of five (5) acres.
b. The sign is a maximum of 100 square feet in area.
c. The sign may be illuminated, provided the direct source of light is not visible
from the public right -of --way or any adjacent Residential Base Zoning District,
5. 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 any adjacent Residential Base Zoning District,
6. Any sign over 100 square feet must be set back a minimum of 10 feet from any
property line. The maximum height of a sign above the average grade level is 10 feet.
Signs may be illuminated, but such lighting must be diffused or indirect and the direct
source of light may not visible beyond any lot line.
Signs in the Public/Semi-Public (PSP Overlay Zoning District.
1. Within the PSP-O Zoning District, one freestanding electronic display sign, is
permitted provided that each of the following requirements are met:
a. The parcel, or campus containing contiguous parcels, on which the sign is
proposed must be a minimum of two (2) acres.
b. The maximum area of the sign is 100 square feet in area per surface.
c. The sign shall not exceed nine feet (9') in height from the average natural grade at
the base of the sign.
d. The maximum total area per surface for an electronic display is 50 percent of the
sign's total area. Only one contiguous electronic display area is allowed per
surface.
e. The sign must be setback a minimum of 10-feet from any external property
boundary line and must be setback a minimum of 50-feet from any abutting
Residential Base Zoning District, unless a less intrusive sign placement can be
accomplished. Any deviation from the standard must be approved by the City
Council.
f. The electronic display message may not change more than once every one hour,
except for emergency safety messages. Time, date, or temperature is considered
one electronic display when displayed alone, however it may be included as a
component of any other electronic display but cannot change more than once
every three (3) seconds.
g. The hours of operation shall be limited to six o'clock (6:00) A.M. to ten o'clock
(10:00) P.M.
h. The electronic display message shall be limited to static letters and numbers. No
portion of a message may contain animation, video or audio, scroll, flash, twirl,
fade, or change color.
The electronic display area shall be a black background and messages shall not
contain more than one font color.
j. The electronic display message shall be a minimum of four inches (4") in height
and must ensure readability.
k. Messages shall be limited to advertisement of products, events, persons,
institutions, activities, businesses, services or subjects which are located on the
premises only or which give public service information.
I. Malfunctioning signs shall be shut off immediately by the owner. Additionally,
the sign owner shall immediately stop the display if notified by the City that the
sign is noncompliant.
m. The sign shall be constructed in monument style fashion, including a base of
natural stone, brick or other masonry material of at least 24 inches in height from
the average natural grade.
n. The base of the sign shall be landscaped and a plan for such landscaping
submitted with the applicable sign permit.
o. The sign shall be equipped with a sensor that detects the ambient light level and
adjusts the brightness of the sign accordingly. Brightness shall not exceed 0.3
foot-candle above ambient light as measured using a brightness meter from a
preset distance depending on the sign size, as indicated in the Table 12-4A-11.1
below:
Table 12-4A-11.1 Sign Area and Distance for Brightness Measurement
10
32
15
39
20
45
25
50
30
55
35
59
40
63
45
67
50
71
55
74
60
77
65
81
70
84
75
87
80
89
85
92
90
95
95
97
100
100
Measurement distance = v (sign area x 100)
2. By Conditional Use Permit, aPublic/Semi-Public use in the RE, R-1 or R-2 Base
Zoning Districts which is allowed either as a Permitted or Conditional Use may
qualify for one additional freestanding electronic display sign, provided that the
requirements of [Section 12-4A-11.I.1 ] are met and each of the following additional
requirements:
a. The parcel, or campus containing contiguous parcels, on which the sign is
proposed must be a minimum of 20 acres.
b. The sign shall not exceed 50 square feet in area per surface and the electronic
display area shall not exceed 50 percent of the sign's total area.
c. The sign shall be set back a minimum of 3004eet from any external property
boundary line.
d. Landscaping shall be installed to provide screening of the sign from any
surrounding residential uses.
J. ins In B-1, B-2 and I Zoning Districts.
1. Nameplates And Business Signs. Nameplate signs and business signs are permitted
subject to the following regulations:
a. [B-1 and Industrial Districts:]
(1.) Within the [B-1 and I] Zoning Districts, the aggregate square footage of
such space per lot shall not exceed the sum of two (2) square feet per on
foot of building, plus one (1) 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 Business Zoning 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.
b. [B-2]: Within the B-2 Zoning District, the aggregate square footage of sign space
per lot shall not exceed the sum of one (1) square foot per front foot of building
plus one (1) square foot for each front foot of lot not occupied by a building. No
individual sign shall exceed 50 square feet in a B-2 area.
2. Pylon Or Monument Sign. The erection of one (1) pylon or monument type sign for
any single lot in the [B-1, B-2, and Industrial] Zoning Districts is permitted under the
following provisions:
a. A pylon or monument sign in the [B-2] Districts shall not be higher than twenty
feet (20'); and those in the [B-1 and Industrial] Districts may not be higher than
twenty-five feet (25') above the average grade level at the base of the sign.
b. No part of the pylon or monument sign in any Business or Industrial Zoning
District may be less than 10 feet from lot lines or less than five feet (5') from any
driveway or parking area.
c. The maximum gross area of any surface of a pylon or monument sign in the [13-2]
Zoning District is 80 square feet; and the maximum gross area of any surface in
the B-2 or I Zoning District is 100 square feet.
3. Murals or Similar Wall Sign Displays. A mural or wall sign display including
lettering, graphics or other promotions of the business may be permitted with an
Interim Use Permit. The design must promote a business that is operational within the
structure and may not promote or advertise a specific product.
4. Electronic Displays at Motor Fuel Stations. Electronic displays, including light
emitting diodes (LED), or similar technologies may be permitted at motor fuel
stations under the following conditions:
a. The characters in an electronic display must be a uniform color.
b. Any electronic display may contain a maximum of four (4) characters.
c. The maximum total area for an electronic display is six (6) square feet.
d. The text of the sign may not change more than three (3) times in a day (24 hours).
e. The electronic display shall be allowed only during the hours of operation
approved in the Conditional Use Permit for the motor fuel station.
I. Any existing motor fuel station seeking a permit for electronic display of fuel
prices must obtain an amendment to their Conditional Use Permit.
5. Comprehensive Sign Plan. A comprehensive sign plan shall be provided for industrial
deveIopments. Such plan, which must include the location, size, height, lighting and
orientation of all signs must 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.
ARTICLE B. STANDARDS APPLICABLE TO RESIDENTIAL DISTRICTS (RE, R4, R-
2 AND R-3)
12-4B-1 Lot and Building Provisions
A. Purpose. The purpose of this Section is to define existing lots of record and to establish
the orientation and general development of a lot used for residential purposes.
B. Existing Lot of Record, Buildable. A lot of record existing upon the effective date of this
Chapter in a Residential Base Zoning District, that does not meet the criteria established in
Section [12-2B-3 Subd. D], may be used for a single-family detached dwelling, provided
that the measurements of such area or width meet a minimum of 70 percent of the
requirements of the Base Zoning District in which the lot is located. The lot of record may
not be developed more intensely than permitted by the Base Zoning District unless
combined with one or more abutting lots, or portions thereof, and the resulting lot meets
the requirements of the Base Zoning District.
C. Buildings on a Lot. Except in the case of planned unit developments and multi -family
development as provided for in subsequent sections, each lot may contain a maximum of
one principal building.
D. Orientation of Principal Building. If a Principal Building is visible from the public right-
of-way, it must be constructed to follow the Character standards of the Base Zoning
District in which the structure is located.
E. Through Lots. On a through lot, both street public right -of --way lines shall be front lot
lines for applying the yard requirements and parking regulations of the Base Zoning
District in which the lot is located.
12-4B-2 Single -Family Detached and Attached Building Requirements
A. Purpose. The purpose of this Section is to establish general standards for single-family
detached and single-family attached buildings to support and maintain the character of the
neighborhood. The following standards are established.
B. Single -Family Attached and Detached Buildings.
1. Building Standards.
a. Floor Area. All single-family dwellings, with the exception of earth sheltered
homes, must contain a minimum of 1,000 square feet of usable floor area above
grade.
b. Dimensions. Single-family detached buildings must contain a minimum of 20-feet
in width, exclusive of porches and other projections. Single-family attached
buildings must contain a minimum of 10 feet in width, exclusive of porches and
other projections. The maximum length dimension must not exceed three (3)
times the width dimension.
c. Basements Required. Al] single-family detached buildings must have a basement
or an exposed basement under at least 50 percent of the first -floor level. A slab -
on -grade home may be permitted with a Conditional Use Permit.
d. Private Attached Garage Required. One single -level garage with a minimum
floor area of 440 square feet is required for any detached single-family building.
All single-family attached buildings must contain a single -level garage with a
minimum floor area of 220 square feet.
e. Pitch of Roofs. With the exception of earth sheltered homes, all residential
structures must have a pitched roof of at least 3:12 and a maximum of 9:12.
(L)Exception. A two-story home may have a roof that is less than 3:12, or a flat
roof.
£ First Floor Elevation.
(l.)Construction, including tear -down and redevelopment, of new single-family
dwellings and additions, modifications, and alterations to existing dwellings
may not raise the first floor elevation more than one foot (P) above the
existing condition unless a Conditional Use Permit is obtained [See
Subsection 3.]
(2.)In the case of a split-level dwelling, the existing first floor elevation is the
lowest elevation of an entrance to the dwelling, excluding entrances to the
garage and those that do not face the street.
(3.)By Conditional Use Permit, the first floor elevation may be increased by more
than one foot (F) from the existing condition in order to meet one or more of
the following conditions:
(i.) Elevate the lowest level of the dwelling to an elevation of two feet (T)
above the 100-year flood elevation, as established by the federal
emergency management agency (FEMA).
Protect the dwelling from groundwater intrusion. Existing groundwater
elevation shall be determined by a professional registered engineer in
the state of Minnesota or by a certified hydrologist, and the results
provided for review and consideration.
(iii.) Meet State Building Code, City Code or other statutory requirements.
(iv.) Comply with standard engineering practices, including, but not limited
to, grading, drainage, access, or utility connection at the direction of the
Public Works Director,
2. Driveways And Parking Areas.
a. A Driveway Permit is required.
b. All curb cuts for driveways in connection with single-family detached and single-
family attached dwellings must conform with this Chapter and the specifications
set forth on City driveway detail sheets. A plan showing proposed curb cuts and
driveway location and design must be submitted for all new or reconstructed
driveways.
c. All driveways, required off-street parking spaces, and other areas intended to be
utilized primarily for parking purposes must be surfaced with concrete or
bituminous surfaces.
d. Driveways must be a minimum of five feet (5') from side lot lines and a maximum
of 25-feet wide where the driveway intersects the right-of-way line. All driveways
constructed to serve single-family dwellings on corner lots must be set back a
minimum of 30-feet from the property lines adjacent to the street corner. A
Variance is not required if an existing driveway that was conforming at the time
of construction that violates these setback requirements is reconstructed in the
same location as the original driveway, including pavement and base material,
provided a proper construction permit is obtained from the City. (See Figure [12-
4B-2.1])
Figure 12-4B-2.1 Driveway Requirements
STREET
3. Landscape Standards. All single-family detached or attached lots must comply with
the following landscape standards.
a. New construction, including teardown and reconstruction, of single-family
detached or attached structures are required to plant a minimum of one overstory
deciduous tree per 50-feet of lineal frontage of public street. The required trees
must be planted in the front yard of the lot. A list or reference of trees that meet
this requirement are contained within Title 15. Environmental Standards of the
City Code.
b. All lots must be planted with an acceptable ground cover, or a landscape plan
must be submitted for review and approval by the Natural Resources
Commission, as defined in Title 15. Environmental Standards.
c. All retaining walls, gazebos, or other landscape structures as defined in 12-3B-1.1
Table of Uses for Accessory Uses must comply with all setback requirements and
must obtain an Administrative Permit,
4. Screening of Certain Materials. All waste material, debris, refuse, garbage, fuel
including woodpiles of two (2) cords or larger (a cord is 4 feet x 4 feet x 8 feet), or
materials not currently in use for construction must be stored indoors or totally
screened from the eye level view from the public right-of-way and any adjacent
properties.
5. Construction and Building Plans.
a. Any construction of a new detached or attached single-family building must
obtain a Building Permit. The Building Permit must be accompanied by a Site
Plan and any other information necessary to confirm that the building complies
with the Base Zoning District in which it is located. Single-family attached
buildings must comply with the standards established in Section [12-413-3] of this
Chapter.
b. All construction activities, including additions to existing structures, are required
to comply with the requirements below. Failure to comply with any of the
requirements may result in issuance of stop work orders, fines, revocation of
contractor licenses, and enforcement of the penalty provisions in Section [12-5E-
2] of this Zoning Ordinance.
(1.) Hours of operation for exterior construction activities are limited to seven
o'clock (7:00) A.M. to eight o'clock (8:00) P.M. Monday through Friday
and nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. on weekends.
(2.) An erosion and sediment control plan must be approved by the Public
Works Director to be implemented and properly maintained at all times, in
accordance with Title [14, Chapter 1] of this Code the City's land
disturbance guidance document.
(3.) Streets and surrounding properties shall be free of debris and mud at the end
of each workday.
(4.) Dumpsters placed on site for more than ten (10) consecutive days during
construction activities must be covered or have lids that close and secure to
contain debris.
(5.) Storage of construction and landscaping materials, dumpsters, portable
restroom facilities, and other equipment within the right-of-way is
prohibited.
(6.) The permit holder must repair any damage to public or private property
within three (3) working days from a notice being issued by the City.
(7.) Contractor vehicle parking is limited to one side of the street to allow
adequate space for two-way traffic, emergency service vehicles, and City
maintenance vehicles.
124B-3 Attached and Multi -Family Residential Building Requirements
A. Purpose. The purpose of this Section is to establish standards for multi -family buildings
and their lots to ensure that multi -family buildings are compatible with surrounding
developments and neighborhoods. The following standards are established.
B. Building Standards. In any multifamily building that contains more than five (5) attached
dwelling units each unit must comply with the minimum Floor Area requirements
established in Table [12-4B-3.1].
Table 12-4B-3.1. Minimum Floor•Area by Unit Type
Efficiency units Not allowed
1 bedroom units 700 square feet
2 bedroom units 800 square feet
3 bedroom units 1,000 square feet
C. The minimum lot area per unit is regulated by Base Zoning District contained in Chapter 2
of this Zoning Ordinance. The total minimum lot area required may be decreased by 300
square feet for each parking space that is provided underground to serve a multi -family
building.
D. Off -Street Parking Requirements for Multi -Family Buildings. In addition to the applicable
provisions of [12-4A-9] of this Chapter the following requirements shall apply:
1. Number and Design of Parking Spaces. A minimum of one (1) parking space per unit
must be fully enclosed. Parking spaces must comply with all parking regulations for
size, location, and other standards.
2. Setbacks. Surface parking lots, or other unenclosed parking spaces, must be setback a
minimum of 40-feet from the public right -of --way. Surface parking areas must be
setback a minimum of 10-feet from any principal building.
3. Driveways And Aisles.
a. Driveways shall be a minimum of 50 feet from any street intersection.
b. 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 must be screened with a four -foot (4') wall of masonry or wood.
Such wall shall be at least 85 percent opaque.
E. Architecture and Building Design Standards. The following minimum design standards
are established for multi -family buildings:
1. Design Standards.
a. All multi -family buildings must be designed and constructed with four-sided
architecture.
b. The exterior fagade of any multi -family building must be designed to eliminate
large blank or expansive walls without architectural detail or interest. Each
building must include, at a minimum, some articulation or detail between floors
that may include changes in materials, color, balconies or other architectural
details.
c. No wall may extend more than 40-feet without a plane or material break. If a
plane break is designed, it must include a minimum of one (1) foot of relief
between the planes.
d. Each building must include a clear entry and front fapade. Such entry must be
clearly articulated and facing the primary above ground access.
e. All accessory or ancillary buildings including garages must be designed and
constructed with facing materials of the same quality as those used in the
Principal Building.
2. Construction and Building Plans.
a. Any multi -family buildings must be constructed only in conformance to building
and site plans certified by a registered architect. The Site Plan may be prepared by
a professional site planner, but a registered architect must certify that they have
personally reviewed the site and designed the proposed buildings in accordance
with the Site Plan, the terrain and neighboring conditions. The following plans
must be submitted, reviewed and approved prior to a Building Permit being
granted:
(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 plans for proposed sidewalks to service parking, recreation and
service areas within the proposed development.
(3.) Complete plans for stormwater drainage systems sufficient to drain and
dispose of all surface water accumulations within the development area.
(4.) Complete structural, electrical and mechanical plans for the proposed
building(s).
(5.) Complete plans and specifications for exterior wall finishes proposed for all
principal and accessory structures.
b. Landscape Standards. Any new multi -family development or PUD including
multi -family attached units must comply with the landscape standards as
established in Section [12-4A-5] Landscape Requirements of this Chapter.
12-4B-4 Outside Storage of Personal Recreational Equipment in Residential Districts
A. Purpose. The purpose of this Section is to regulate the unenclosed storage of Personal
Recreational Equipment on a residential lot. The following standards are established for
all principal residential uses within the RE, R-1, and R-2 Zoning District.
B. General Provisions. The outside storage of recreational equipment is permitted in a
maximum of one side yard, or in a rear yard in all Residential Base Zoning Districts;
provided, that the following conditions are met:
1.
Any storage in a side yard shall not be adjacent to a public right -of --way unless the
exceptions as noted in subsection C are met; and
2.
Outside of all required yard setbacks.
3.
Outside storage of vehicles and recreational equipment not originally constructed for
recreational use are not be permitted.
4.
The storage of recreational vehicles must comply with the standards of the Property
Maintenance Code.
C. Exception for Corner Lot. Recreational equipment may be stored in a side yard abutting a
right-of-way provided the following conditions are met:
1.
There is not adequate area on the interior side yard to store the equipment, or
construct a driveway, and meet the required yard setback.
2.
The storage area must be fully screened from the right-of-way by either an opaque
fence or coniferous vegetation.
D. Personal 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.
4.
All motor vehicles designed, constructed, or used to provide temporary, movable
living quarters for recreational use.
5.
Travel trailers.
6.
Snowmobiles.
7.
Utility trailers.
E. Parking and Storage of Recreational Camping Vehicles. The following additional
standards for personal Recreational Camping Vehicles are established:
1.
The Recreational Camping Vehicle must be parked on a paved surface.
2.
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 it is adequately
screened.
3.
All Recreational Camping Vehicles stored or parked outside must be adequately
screened from abutting residential properties.
4.
Prohibitions. It is unlawful for any person to park or store a recreational camping
vehicle:
a. On a residential driveway when the recreational vehicle is greater than ten feet
(10') in height, 23-feet in length or 6,500 pounds.
bI On a public street or in a public right-of-way.
5. 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 on a residential driveway 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 (there must be at least 14 days between permits).
c. Vehicles parked on the driveway must be placed 15-feet from the roadway to
allow for visibility of traffic, and vehicles must have a permit.
d. Vehicles stored outside must be licensed and operable.
ARTICLE C. STANDARDS APPLICABLE TO OVERLAY DISTRICTS
12-4C-1 Public Semi -Public Overlay District (PSP-O)
A. Purpose. The purpose of this Section is to describe the standards and flexibility from the
Base Zoning District standards for properties located in the Public Semi -Public Overlay
district.
B. Applicability. All uses and standards established in the Base Zoning District shall apply,
and the areas of flexibility identified herein shall only apply to those uses categorized on
Table [12-313-1.1]. Table of Uses as "Public/Semi-Public Uses."
C. Yard Setback Provisions.
1. All Principal Buildings and Accessory Buildings must comply with the setback
standards established in Chapter 2 of the applicable Base Zoning District, and
Chapter 3, whichever is more restrictive. Any proposed deviation from the required
setbacks shall require a Conditional Use Permit.
D. Design and Building Standards.
1. Minimum Lot Size: 1.0 Acres
2. Height: The maximum height of a Principal Building for an established PSP-O use
determined by the Base Zoning District height requirements. A Principal Building
that exceeds the height of the Base Zoning District, up to a maximum of 40 feet, is
permitted by Conditional Use Permit,
3. Accessory Structures: All accessory buildings must comply with the Base Zoning
District standards, unless a Conditional Use Permit is obtained.
a. Accessory Buildings must be designed to be compatible with the design and
character of the Principal Building.
b. Accessory Buildings must be accessory to the Principal Building. If no Principal
Building is present, a Conditional Use Permit must be obtained.
4. Screening or Buffering. Screening
from Residential Base Zoning
District.
A screening
plan is required along the property
line of any PSP-O district that
abuts a
Residential
Base Zoning District, unless the owner can demonstrate that there is no adverse
impact to the residential use.
12-4C-2 Floodplain Overlay District (FP-O)
A. Purpose. The purpose of this Section is to establish that certain lands in the City are
located within a Floodway, Flood Fringe which is commonly referred to as the Floodplain.
Land that is located within the Floodplain Overlay District are subject to additional
standards and regulations.
B. Applicability. The Floodplain Overlay District standards are applicable to that portion of a
property, lot, or land that is contained within the mapped floodplain area established by
FEMA. Land within the FP-O is regulated by the Base Zoning District in which the
property is located and is subject to the FP-O standards, and the more restrictive standards
shall apply.
1. The FP-O District standards and regulations are established in Title 15,
Environmental Standards,
ARTICLE D. STANDARDS APPLICABLE TO BUSINESS, INDUSTRIAL AND PUBLIC
SEMI-PUBLIC USES
12-4D-1 Lot and Building Standards.
A. Purpose. The purpose of this Section is to establish general lot and building standards for
all non-residential buildings in the City.
B. Applicability. The following standards are applicable to all properties within the B-1, B-2,
Industrial and PSP Zoning Districts. The standards are also applicable to any Principal
non-residential uses in a Base Residential Zoning District.
C. Corner Lots. On a corner lot, each side abutting a public street right -of --way is determined
to be a front yard and the use must comply with the applicable setback requirements
established in the Base Zoning District in which the property is located.
D. Building Design and Construction. All buildings or structures must meet the following
standards:
1. Exterior Surfaces, Including Roofs. Buildings must be finished on all sides with
permanent finished materials of a quality consistent with the standards set in the Base
Zoning District in which it is located. Exterior wall surfaces must comprised of one or
more of the following:
a. Face brick or natural stone.
(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
(in terms of exterior design, materials, and colors) with other development
throughout the Zoning District.
b. Factory fabricated and finished metal framed modular panel construction, if the
panel materials are any of those listed in Subsection [CIa] 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.
d. Any proposed deviation from these standards shall require a variance.
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 must be designed consistent with the original architectural
design and general appearance.
3. Accessory Buildings; Walls, Garages, Accessory Buildings, screen walls, and exposed
areas of retaining walls must be of a similar type, quality and appearance as the
Principal Building,
4. Compatibility with other Buildings. All buildings must be compatible (in terms of
exterior design, materials, and colors) with the character of the other structures and
buildings in the surrounding area.
5. Off -Street Parking and Loading. Design and maintenance of off-street parking and
loading areas must comply with [Section 124A-7 and 124A-9] of this Chapter.
6. Storage of Materials.
a. All trash and trash handling equipment shall be stored within the Principal
Building or within an attached Accessory Building that is accessible from the
inside of the Principal Building.
b. No outdoor storage of either materials or products is permitted, except if approved
by a Conditional Use Permit or where expressly allowed in the Base Zoning
District,
7. Screening of Mechanical Utilities. Whenever possible, rooftop mechanical units must
be a low profile design. All ground level and rooftop mechanical utilities, other than
low profile rooftop units, must be completely screened with one or more of the
materials used in the construction of the Principal Building. Where practicable,
rooftop screening shall be accomplished through the use of parapet walls.
8. Screening of Vehicle Lights. The light from automobile headlights and any other
sources on a site must be screened if through regular site use and operations such
light is directed onto or at abutting residential uses. Screening must comply with the
standards in Section [12413-2].
E. Industrial (I) Zoning District Requirements.
No development of any lot or combination of lots in the Industrial Base Zoning
District may be commenced and no Building Permit will be issued until all of the
following requirements have been met:
a. Plan and Specifications.
(1.) Site Plan, Building Plans, and Specifications. A complete Site Plan,
building plans and specifications prepared by a registered architect shall be
submitted for review and approval. The architect must certify that the plans
were prepared specifically for the subject site. The Site Plan must include
the location of buildings, driveways, driveway intersections with streets,
parking areas, loading areas, sidewalks, curbs, and screening as required by
this Chapter.
(2.) Grading Plans. Site grading plans must 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, must
be submitted.
(4.) Landscaping Plans. Landscape Plans consistent with the requirements of
Section [12-4A-5] of this Chapter.
(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
Zoning Ordinance.
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
Chapter.
2. Site and Structure Requirements.
a. 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.
b. Fences for Industrial Base Zoning Dis" ict abutting a Residential Base Zoning
District Whenever a property zoned Industrial abuts a Residential Base Zoning
District, a fence must be erected along the property line that may be 100 percent
opaque with a maximum height of six feet (6).
12-4D-2 Screening
A. Purpose. The purpose of this Section is to establish standards that mitigate the potential
adverse impact between properties where the uses may not be compatible without some
visual buffering or screening.
B. General Provisions.
Opacity of Screening and/or Buffering. All required screening or buffering identified
in this Chapter may be achieved with fences, walls, earth berms, hedges or other
landscape materials. The required screen must provide the minimum opacity
established in the applicable Section, and if not clearly stated, must provide a
minimum opacity of 90 percent during all seasons.
2. Screening or Buffering Required.
a. Principal buildings, and any Accessory Building or structure used for business or
industrial use must provide a buffer along the adjacent property line of any
Residential Base Zoning District.
b. Off-street parking facilities containing six (6) or more spaces located within 50
feet of a right-of-way or abutting any Residential Base Zoning District must
install abuffer/screen along the property line.
c. Outside storage that is allowed by other provisions of this Chapter must provide a
buffer to screen the outdoor storage area from the public right-of-way or any
abutting Residential Base Zoning District.
d. External loading and service areas must be completely screened from the ground
level view from contiguous properties and the public right-of-way, except at
driveway access points.
3. Slope Of Berms. Earth berms shall not exceed a slope of three to one (3:1).
12-4D-3 Lighting
A. P ose. The purpose of this Section is to regulate the placement and intensity of light
fixtures in the non-residential zoning and districts and non-residential uses in the City.
The following standards are established.
B. Light Spillage at Property Line. Light fixtures that are used for illuminating parking areas,
loading areas or storage yards or for safety and security purposes may not exceed the
following values:
1. A reading of 0.2 foot-candle at the property line if the abutting use is a commercial or
industrial use or public right -of --way.
2. A reading of zero (0) foot-candles at the property line if the abutting use is
Residential or if the abutting property is a Residential Base Zoning District,
3. A photometric plan may be requested to demonstrate compliance with the standards
stated in this Section.
C. Fixture Type. The following standards shall apply to all fixtures:
1. All fixtures must be hooded and downcast.
2. Any pole or structure on which a light is affixed may not exceed 24 feet in height
unless a Conditional Use Permit is obtained.
N:I�71Y�i���71/T_!_1►1[.�IMt7:�[�7►1�`►IIZK11►1_aC�37U/:�►C�1�1
ARTICLE A. GENERAL PROVISIONS AND ADMINISTRATION
12-SA-1 Administration and Enforcement Officials
This Chapter shall be administered and enforced by the Zoning Administrator, Public Works
Director, City Attorney, Planning Commission and City Council as described herein.
12-SA-2 Duties of a Zoning Administrator
The Zoning Administrator shall enforce this Zoning Ordinance and require that:
A. All Building Permits are reviewed by the Building Official, and as necessary the Zoning
Administrator, to determine compliance with the terms of this Zoning Ordinance,
B. Inspections of buildings and use of land are conducted by the Building Official, and as
necessary Zoning Administrator, to determine compliance with the terms of this Zoning
Ordinance.
C. Permanent and current records of this Zoning Ordinance are maintained, including, but
not limited to, all maps, amendments, Conditional Uses, Variances, and any Appeals and
Land Use Applications,
D. All applications for Appeals, Variances, Conditional Uses, or other matters are received,
dated, filed and forwarded to the designated City Officials.
E. The Zoning Administrator or the City Attorney shall institute in the name of the City
appropriate actions or proceedings against a violator of this Zoning Ordinance as provided
by law.
12-SA-3 Appeal of Zoning Administrator Decision
A. Board of Appeals to Zoning Administrator Decision. The Planning Commission is
designated as the Board of Zoning Appeals for any appeal of a decision made by the
Zoning Administrator. The Board of Zoning Appeals must make a determination that is
consistent with this Zoning Ordinance and the adopted Comprehensive Plan. Such appeals
are limited to final decisions authorized to be made by the Zoning Administrator, such as:
appeal the location of the boundary of a Zoning District as shown on the Zoning Map, an
order, a permit, specific requirements or zoning related decisions.
B. Time For Filing Appeal. An appeal to a decision made by the Zoning Administrator must
be filed within 90 days. The Applicant, Owner, other interested person, or officer of the
City affected by the decision may appeal to the Planning Commission by filing a written
notice stating the action and the specific grounds upon which the appeal is made. Such
time limit does not apply to any prosecution for violation of this Zoning Ordinance.
C. Hearings. The Planning Commission, as the Board of Zoning Appeals, may conduct a
hearing as it determines is necessary and will determine what notice, if any, shall be given
of such hearing.
D. City Council Action,
1. The City Council may review and revise any decision of the Board of Zoning
Appeals. In reviewing such decisions, the City Council shall set a date for hearing no
earlier than seven (7) days or more than 30 days after the decision is made by the
Board of Zoning Appeals.
2. Notice of the hearing before the City Council shall be mailed to all appellants. Any
appeals that involve a Zoning District boundary lines determination or interpretation
of the text of this Zoning Ordinance, must follow the procedure for a public hearing
that requires a minimum of 10-day notice to be published in the official newspaper
and individual notification to property owners within 350-feet of the property.
ARTICLE B. COMMON STANDARDS OF LAND USE APPLICATIONS
12-SB-1 Purpose and Applicability
A. Purpose. The purpose of this Section is to establish the general process and procedures for
all Land Use Applications that are contained within this Zoning Ordinance,
B. Applicability. This Section shall apply to all Land Use Applications in the City. Table
[12-513-1.1] Land Use Application Review Procedures provides the requirements and
standards for each type of application. The table provides a reference to the subdivision
and/or platting requirements for reference because certain land use applications such as
Planned Unit Development may include a request to plat.
[Table 12-SB-l.l j. Land Use Application Review Procedures
�ta
Administrative
X
X
X
Full Review X
X
X
X
X
Concept Plan
X
X
X X
Preliminary Development X
X X
X
X X
Final Development
X X
X
X X
Minor
X
X
Major - -
X
X
X - X
Variance X
X
X
X X
Zoning Amendment (Text or Map) X
X
X
X X
v
Lot Consolidation/Lot Line
X
X
X
X
X
Adjustment
Minor Subdivision (if plat) X
X
X
X X
Major Subdivision (if plat) X
X
X
X X
�
�
Environmental Review
X
X X
C. Minnesota State Statutory Review Proceduresfor Land Use Applications and Subdivision
As identified in Table [12-513-1.1]. Land Use Application Review Procedures, certain land
use applications are subject to the rules of procedure and deadlines for action as
established within Minnesota State Statutes. The City Council shall follow the rules and
requirements as established by the Minnesota State Statute which may be updated from
time to time. The following summary of current statutory requirements is provided.
1. Minnesota State Statute 15.99. Pursuant to Minnesota Statutes 15.99, a land use
application shall be approved or denied within 60 days from the date of its official
and complete submission unless extended pursuant to Statute or a time waiver is
granted by the applicant. Pursuant to Minnesota Statues 15.99, the City staff is hereby
authorized to extend the 60-day time limit by one time period not to exceed 60
additional days, provided written notice of such extension is provided to the applicant
before the end of the initial 60-day period. Extensions may also be requested by the
applicant.
2. Minnesota State Statute 462.358. An application for preliminary plat shall be
approved or denied within 120 days from the date of a complete submission unless a
time waiver is granted by the applicant. A preliminary plat may be approved with
conditions or denied with written findings. An application for final plat, shall be
approved or denied within 60 days from the date of the complete submission unless a
time waiver is granted by the applicant.
D. Common Procedures for Land Use Applications. The following common procedures are
established for any Land Use Application that is subject to Minnesota State Statute 15.99
that requires the action of the City Council.
1. The Applicant may request a pre -application with the Zoning Administrator to
discuss the proposed project or application.
2. The Applicant must submit the Land Use Application using the optional
official forms provided by the City, the materials as required on Pre APPlicafion Meeting
the specific Land Use Application checklist and the appropriate
fees and escrow must accompany the submission. Application Submittal
3. The Zoning Administrator, and other City Staff, will perform a
review of all submitted materials to determine the completeness of completeness
Deterntination
the application. Once an application has been deemed complete,
the staff will prepare a review and analysis of the application for Public Hearing Notice
consistency with the City's ordinances.
4. If a public hearing is required, notice of the public hearing will
include a description of the request. Notice must be published in E
Recommendation
the official newspaper at least 10 days prior to the hearing and
EPlanon
on
written notification of said hearing must be mailed at least 10 days
prior to all owners of land within 350-feet of the property
boundary of the proposed application. Failure of a property owner n
to receive said notice(s) shall not invalidate any proceedings as set
forth in this Section.
5. The Zoning Administrator shall instruct the appropriate City Staff City Council Final Action
to prepare technical reports where appropriate, and to provide
general assistance in preparing the staff report and recommendation of the action to
the Planning Commission and City Council,
6. The City Staff, Planning Commission and City Council have the authority to request
additional information from the applicant or two obtain expert testimony with the
consent, and at the expense, of the Applicant if additional information is necessary to
establish compatibility with the Comprehensive Plan and applicable sections of this
Zoning Ordinance.
7. The applicant or a representative may appear before the Planning Commission to
present information and answer questions concerning the proposed request.
8. The Planning Commission shall hold the official Public Hearing, if required as
indicated on Table [12-5B-1.1]
9. The Planning Commission shall make a recommendation stating its findings and any
conditions of the application to the City Council.
10. The City Council shall consider the recommendation of the Planning Commission,
and the City Staff report and by resolution, make its decision.
12-SB-2 Comprehensive Plan Amendment
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 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
0/5) 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(s) of the actual property. The petition must describe
the proposed change of use or proposed modification to the Comprehensive Plan. The
Planning Commission or the City Council may also initiate a proposed change to the
Comprehensive Plan, and the purpose for such proposed change must also be identified.
I Application for Amendment.
1. Filing Of Application. All applications for a Comprehensive Plan Amendment which
are initiated by the petition of the Owner(s) of a property must be filed in the Office
of the City Clerk.
2. Sketch Plan.
a. An application for Comprehensive Plan Amendment must include a Sketch Plan,
as described in Subsection [b] if the proposed amendment addresses the potential
development of a specific parcel of land.
(1.) Copies: The Sketch Plan must be drawn to -scale and must be scalable. One
electronic copy and one (1) half -scale 11"xI7" hard copy must be submitted
along with the official Planning Application form.
b. The maps which are part of the Sketch Plan maybe in general schematic form,
and must contain the following information:
(1.) The existing topography 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 roads and major thoroughfares and proposed access
location.
(4.) Public uses, including schools, parks, playgrounds, and other open spaces, if
applicable.
(5.) Map with all adjacent parcels or lots that demonstrates how the proposed
amendment is compatible with adjoining uses (both existing and proposed).
c. A narrative must be submitted with the Sketch Plan. The narrative 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, if residential development is
proposed.
(5.) Estimated industrial acreage and projected employment, if industrial
development is proposed.
(7.) Estimated square footage of commercial development, if commercial
development is proposed.
(8.) Estimated amount of open space, if proposed.
E. Referral to Planning Commission by City Council. A request for a Comprehensive Plan
Amendment may be initiated by Resolution of the City Council by referring such request
to the Planning Commission.
F. Planning Commission Hearing and Recommendation. The Planning Commission shall
make a written report to the City Council stating its findings and recommendations. The
City Council may request further information and report from the Planning Commission.
G. Action By City Council.
1. The City 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 City
Council within 60 days after referral of the application, the City Council may take
action without further awaiting such recommendation.
3. The City Council may, by resolution adopted by an affirmative vote offour-fifths (4/5)
of its members, adopt and amend the Comprehensive Plan or portion thereof so
recommended.
4. The City Council may not officially enact any Comprehensive Plan Amendment until
the official review of the Metropolitan Council is complete and authorization is
provided to enact the Amendment.
H. Comprehensive Plan Supersedes Zoning Ordinance. Until such time as this Zoning
Ordinance is amended to conform to the Comprehensive Plan, the Comprehensive Plan
shall supersede the provision herein if there is a conflict between the adopted Future Land
Use Plan contained in the Comprehensive Plan and the Official Zoning Map. The City
Council shall take no action in amending this Zoning Ordinance in a manner inconsistent
with the Comprehensive Plan.
12-5B-3 Zoning Amendment (Text or Map)
A. Purpose of Zoning Amendment (Text of Map). An application to amend this Zoning
Ordinance or official Zoning Map allows an Owner or the City to request consideration to
modify or change the language or map related to specific property within the City. All
requests must be accompanied by a purpose or reason that such request is made and how
such request is consistent with the Comprehensive Plan.
B. Vote Required for Approval. The City Council may, by a simple majority vote of all
members, adopt amendments to the Zoning Ordinance; except, that where an amendment
changes all or part of an existing Zoning District classification from residential to either
commercial or industrial, a four -fifths (4/5) majority vote of all City Council members is
required.
C. Initiation of Amendment. An application to amend this Zoning Ordinance may be initiated
by either a petition of the Owner(s) of property, or by a recommendation of the Planning
Commission, or by resolution of the City Council.
D. Application for Amendment. All applications for amendment that are initiated by the
Owner(s) of property must be filed with the Zoning Administrator and must state the
reason for the proposed amendment. All applications for a Zoning Amendment must
follow the process as established in Section [12-513-1131.
E. Planning Commission Hearing and Recommendation. The Planning Commission shall
submit a written report to the City Council stating its findings and recommendations.
F. Action By City Council.
1. Failure of the Planning Commission to submit a report as described shall not
invalidate the proceedings or action of the City Council.
2. At the time of consideration, the City Council may take final action upon the
application, or it may continue the discussion for further investigation provided such
action complies with subsection [12-513-1C] regarding the applicable State Statutes
and ordinances.
3. The City Council may also request further information and a report from the Planning
Commission,
12-SB-4 Site Plan
A. Purpose• Most of the Land Use Applications described in this Chapter propose to alter,
use, or develop property, lots or land in the City. The Site Plan Review process will ensure
that the proposed use and development of land complies with the standards and
regulations established in this Zoning Ordinance.
B. Applicability. The Site Plan review process shall apply to any development of land
locateA within an Overlay District, or that is proposed for commercial, industrial or multi-
family uses. The Site Plan review process may be required and/or submitted as part of
another Land Use Application process, and in such cases shall follow the primary land use
application process. All applications for Site Plan will be classified as a Minor Site Plan
review or a Major Site Plan review as follows:
1. Minor Site Plan. The Minor Site Plan process applies to any application that complies
with the applicable Base Zoning District and does not require a Primary Land Use
Application or Special Permit. A Minor Site Plan can be reviewed and approved
administratively by the Zoning Administrator,
2. Major Site Plan. The Major Site Plan Review process applies to any application that
requires a primary Land Use Application, such as a Conditional Use Permit or
Variance, or a special permit such as a MRCCA permit (Section [12-6A-4]). The
Major Site Plan shall be reviewed concurrently to the Primary Land Use Application
or Special Permit procedures.
3. All Site Plan Review applications, both Minor and Major, must include the following
submission materials:
a. Site development plan, which must include:
(1.) Location of all buildings on the subject property including both existing and
proposed structures.
(2.) Location of all adjacent buildings located within 3504eet of the exterior
boundaries of the property in question.
(3.) Location and number of existing and proposed parking spaces (if
commercial, industrial, or multi -family use).
(4.) Vehicular circulation (if commercial, industrial, or multi -family use).
(5) Architectural elevations, including type and materials used of all external
surfaces (if commercial, industrial, or multi -family use).
(6.) Sewer and water alignment, existing and proposed (if commercial,
industrial, or multi -family use).
(7.) Location and candlepower of all luminaries (if commercial, industrial, or
multi -family use).
(8.) Location of all existing easements.
(9.) Location and size of any proposed permanent signs (if commercial,
industrial, or multi -family use).
b. Dimension Plan, which must include:
(1.) Lot dimensions and area.
(2.) Dimensions of proposed and existing structures.
(3.) Typical floor plan and typical room plan.
(4.) Setbacks on all buildings located on property in question.
(5.) Proposed setbacks.
(6) All impervious surface areas including driveways, parking lots, patios, etc.
(7) Impervious surface calculation with all proposed improvements.
c. Grading Plan, if any site work is proposed, must 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, if any site work is proposed must include:
(1.) Location, species identification, and diameter of all existing trees, and
which trees will be removed.
(2.) Location, type and diameter of all proposed plantings.
(3.) Location and material used of all screening devices.
12-SB-5 Conditional Uses
A. Purpose. This Zoning Ordinance classifies and divides land into Zoning Districts that
regulate dimensional standards and use of land. The purpose of the Conditional Use
Permit is to provide the City with the discretion and flexibility to achieve the goals and
objectives of the Comprehensive Plan and to determine what, if any, uses other than those
specifically permitted in the Zoning Ordinance may be suitable. The Conditional Use must
be in harmony with and identified on the Table of Uses for the Zoning District in which
the property it is located, and reasonable conditions may be established to protect the
general welfare, public health and safety of the surrounding area.
B. Application For Permit. All applications for Conditional Use Permit must include a Major
Site Plan as described in Section [12-513-4] and must follow the process as established in
Section [12-513-11)].
C. Referral To Planning Commission. The Zoning Administrator shall refer all applications
for a Conditional Use Permit to the Planning Commission. The City Council may, of its
own motion, initiate the request for a Conditional Use Permit and refer the same to the
Planning Commission,
D. Planning Commission Hearing and Recommendations. The Planning Commission shall
make a written report to the City Council stating its findings and recommendations.
E. Action by City Council.
Grant of Permit. In considering an application for a Conditional Use Permit under
this Zoning Ordinance, the City Council shall consider the advice and
recommendations of the Planning Commission. If the City Council determines that
the proposed use will not be detrimental to the health, safety or general welfare of the
community, will not cause serious traffic congestion or hazards, will not seriously
depreciate surrounding property value, and that the same is in harmony with the
general purpose and intent of this Zoning Ordinance and the Comprehensive Plan, the
City Council may grant the Conditional Use Permit imposing reasonable conditions.
The City Council may, by an affirmative vote of the majority of all members, approve
a Conditional Use Permit.
Denial of Permit. Conditional uses may be denied by resolution of the City Council,
and such resolution must include a finding and determination that the conditions
required for approval do not exist.
a. No application for a Conditional Use that has been denied wholly or in part may
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
may be determined to be a violation of this Zoning Ordinance and may result in the
termination of the Conditional Use Permit,
12-SB-6 Interim Uses
A. Purpose. The purposes for allowing interim uses are to:
1. Allow a use for an identified period of time until a permanent location is obtained or
while the permanent location is under construction.
2. Allow a use for an identified period of time that reasonably utilizes the property
where it is not reasonable to utilize it in the manner otherwise provided in the
Comprehensive Plan or this Zoning Ordinance.
3. Allow a use that is presently acceptable but that, with anticipated development or
redevelopment, will not be acceptable in the future or will be replaced in the future by
a permitted or conditional use allowed within the respective Zoning District.
4. Allow a use that is seasonal in nature.
B. Apylication for Permit. All applications for Interim Use Permit must include a Major Site
Plan as described in Section [12-513-4] and must follow the process as established in
Section [12-513-11)].
C. Referral to Planning Commission. The Zoning Administrator shall refer all applications
for an Interim Use Permit to the Planning Commission. The City Council may, of its own
motion, initiate the request for an Interim Use Permit and refer the same to the Planning
Commission.
D. Public Hearing and Planning Commission Recommendations The Planning Commission
shall make a written report to the City Council stating its findings and recommendations.
E. Action by City Council.
1. Grant of Permit. In considering an application for an Interim Use Permit under this
Zoning Ordinance, the City Council shall consider the advice and recommendations
of the Planning Commission. The City Council may, by an affirmative vote of the
majority of all members, grant the Interim Use Permit imposing reasonable conditions
and safeguards if it finds that:
a. The proposed use will not be detrimental to the health, safety or general welfare
of the community, will not cause serious traffic congestion or hazards, will not
seriously depreciate surrounding property value.
b. The proposed use conforms to the general purpose and intent of this Zoning
Ordinance and Comprehensive Plan, including all applicable performance
standards.
c. The date or event that will terminate the use can be identified with certainty.
d. Permission of the use will not impose, by agreement, additional costs on the
public if it is necessary for the public to take the property in the future.
e. The user agrees to any reasonable conditions that the City deems appropriate for
permission of the use, including a condition that the Owner will provide an
appropriate financial surety to cover the cost of removing an Interim Use and any
structures upon expiration or revocation of the Interim Use Permit.
f.
The
use will not
delay anticipated development
or redevelopment of the
site.
g.
The
property on
which the use will be located is
currently in compliance
with all
applicable City Code standards.
h. The use is allowed as an Interim or Conditional Use in the applicable Zoning
District.
2. Denial of Permit. Interim uses may be denied by resolution of the City Council, and
such resolution shall include a finding and determination that the reasonable
conditions required for approval do not exist.
a. No application for an Interim Use which has been denied wholly or in part may 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 upon recommendation of the Planning Commission to the City Council.
F. Revocation of Permit. An Interim Use Permit may be revoked by any of the following:
whichever occurs first:
1. A violation of any condition set forth in an Interim Use Permit, which may also be
considered a violation of this Zoning Ordinance.
2. A violation of laws of the United States or the State of Minnesota, or this Zoning
Ordinance.
3. If after approval it is discovered, the Permit was issued based on false, misleading, or
fraudulent information.
4. An amendment to this Zoning Ordinance that prohibits the use, which is applicable
upon the termination date of the Interim Use Permit,
5. The use becomes in conflict with the Comprehensive Plan,
6. The expiration date or occurrence of any event(s) stated in the Interim Use Permit for
termination of the use.
7.
The
use
has
ceased for a continuous period of at least
twelve (12) months.
8.
The
use
has
not commenced or a Building Permit for
a structure to support
the use has not been issued within one year after approval of the Interim Use Permit.
G. Notice of Revocation. Upon occurrence of the date or event for termination of the Interim
Use Permit, the City shall notify the permittee in writing that the Interim Use Permit shall
terminate not later than six (6) months after the date of such notice.
H. Effect of Permit. An Interim Use Permit is effective only for the location specified in the
application. The issuance of an Interim Use Permit does not confer on the property any
vested right.
I. Permit Review. An Interim Use Permit may be reviewed at any time if the City Council is
of the opinion that the terms and conditions of the Interim Use Permit have been violated,
or if one of the criteria for termination has been met, or any other unintended
consequences arise as a result of the operation.
J. Permit Extension. The City Council shall have the right to extend the termination date for
such additional periods as are consistent with the terms and conditions of the original
Interim Use Permit.
12-SB-7 Variances
A. Puruose. The City Council may grant variances from the strict application of the
provisions of this Zoning Ordinance in cases where there are Practical Difficulties in
carrying out the strict application of its standards and regulations. When the City Council
determines that Practical Difficulties exist they may impose conditions and safeguards to
protect the health, safety and welfare of adjacent properties and the community. The City
Council must determine that all of the following conditions that establish Practical
Difficulties are met:
1. The Owner proposes to use the property in a reasonable manner not permitted by this
Zoning Ordinance; and
2. The plight of the Owner is due to circumstances unique to the property not created by
the Owner; and
3. The Variance, if granted, will not alter the essential character of the neighborhood;
and
4. Economic considerations alone do not constitute Practical Difficulties; but may be
considered provided all other conditions are met.
B. Application for Variance. All applications for a Variance must include a Major Site Plan
as described in Section [12-513-4] and must follow the process as established in Section
[12-513-11)]. The following additional items must accompany the primary Land Use
Application materials:
1. A written narrative must be submitted that identifies the Practical Difficulties claimed
as the basis for the Variance request.
2. A written consent and waiver of Public Hearing may be submitted, and if deemed
valid, shall waive the Public Hearing requirements. The consent and waiver must be
in a form prescribed by the City and must be signed by the property owners within
100-feet of the boundaries of the property for which the Variance is requested. The
consent and waiver must be accompanied by a map indicating the location of the
property in question and the location of the property owners who have given consent
must be identified. If the consent and waiver is not obtained, a list of names and
addresses of the property owners within 100-feet of the boundaries of the property for
which the variance is requested must be submitted.
C. Referral to Planning Commission. The Zoning Administrator shall refer all applications
for a Variance to the Planning Commission.
D. Public Hearing and Planning Commission Recommendations. The Planning Commission
shall make a written report to the City Council stating its findings and recommendations.
Such report shall recommend any conditions related to the variance regarding the location,
character, and other features of the proposed building, structure, or use as it may deem
advisable.
E. Action by City Council.
1. Grant Of Variance. In considering applications for a Variance under this Zoning
Ordinance, the City Council shall consider the advice and recommendations of the
Planning Commission. By resolution, the City Council must find that:
a. Practical Difficulties exist that apply to the structure or land in question that are
unique to such property or immediately adjoining property; and
b. Such Practical Difficulties do not apply generally to other land or structures in the
Zoning District in which said land is located; and
c. That the granting of the Variance is necessary for the preservation and enjoyment
of a substantial property right of the Applicant; and
d. 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
e. That granting the proposed Variance will not in any other way impair health,
safety, comfort, or in any other respect be contrary to the intent of this Zoning
Ordinance; and
£ That the granting of such Variance will not merely serve as a convenience to the
Applicant but is necessary to alleviate a Practical Difficulty.
g. If all the conditions are met, then the City Council may grant such Variance and
impose conditions and safeguards therein.
Denial of Variance. Variances may be denied by resolution of the City Council, and
such resolution shall include a finding and determination by the City Council that the
conditions required for approval do not exist.
F. Revocation Of Variance. A violation of any conditions set forth in granting a Variance
may be a violation of this Zoning Ordinance and may be cause for termination of the
Variance. A Variance shall become void one year after it was granted unless a longer
period is approved by the City Council,
12-SB-8 Planned Unit Development
A. Purpose. The purpose of this Section is to establish provisions for a Planned Unit
Development project. The purpose of the Planned Unit Development is to encourage
flexibility in the design and development of land while limiting development to a scale
that is appropriate to the physical characteristics of the land and surrounding land uses.
Such flexibility shall achieve, at a minimum, two of the following objectives:
1. Preserve the natural and scenic quality of open areas; or,
2. To facilitate adequate and economical provision of streets and utilities; or
3. To encourage a diversity of housing types within a given development; or
4. To permit a mixture of several Zoning District uses within a development project or
5. To permit modification and flexibility from of the strict Zoning District requirements
so that a more efficient use of land or design may be employed.
B. Applicability.
1. A Planned Unit Development shall be established by rezoning the full extent of the
Project area with a PUD Overlay District.
a. All PUD Overlay Districts shall identify a Base Zoning District designation which
shall set the basis from which the areas of flexibility from the standards and uses
are established.
2. Rezoning property to "Planned Unit Development Overlay" requires the development
project to contain a minimum of 10 contiguous acres of land (the Project Area) and
must meet the following criteria:
a. The proposed uses in the Project Area consist of some use or uses which would
not otherwise be permitted in the Base Zoning District; or if the Project Area
includes two (2) or more Base Zoning Districts, then the Planned Unit
Development may be permitted only if a proposed use or uses in each of the Base
Zoning Districts would not otherwise be a permitted use therein; or
b. The Project Area consists of property located in one or more Residential Base
Zoning Districts, and the proposed Planned Unit Development consists entirely of
residential housing that is proposed to be clustered.
(1.) To qualify under this Subsection [b.] the ratio of impervious surface to the
total Project Area may not be more than 25:100, e.g. 2,500 square feet of
impervious surface to 10,000 square feet of Project Area and must meet all
other applicable conditions of this Chapter. For purposes of calculating the
impervious surface calculation the following shall be excluded from within
the Project Area:
(i.) All wetlands and all land below the bluff line in any part of a critical
area (as defined in Title 15: Environmental Standards); and
The square foot area of swimming pools, tennis courts and other
detached recreational structures shall not be considered; however, such
structures shall be calculated as part of the impervious surface
calculation of each lot.
c. Project Area consists of property located in one or more Business or Industrial
Base Zoning 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 Base 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 to create a
campus atmosphere development.
(t.) The percentage of impervious surface in the Project Area shall be no more
than 70 percent. For purpose of calculating the impervious surface
calculation the following shall be excluded:
(i.) Wetlands and all land below the bluff line in any part of a critical area
(Title 15: Environmental Standards),
3. Exception to 10 Acre Requirement.
a. The City Council may reduce the ten (10) acre requirement for a Planned Unit
Development, but such Project Area must be a minimum of five (5) acres, only if
it finds that the Planned Unit Development, in addition to meeting all of the
standards and objectives of Section [12-2C-2], meets the following:
(t.) Is determined by the City Council to be "infill type development" that
would be difficult to develop under the strict application of the Base Zoning
District(s)
comprising the Project Area;
(2.) Will not require any wetlands permit;
(3.) Will not require any variance from the critical area standards and
regulations;
(4.) 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 Base Zoning District in which it is situated; and
(5.) Provides a landscaped buffer around the perimeter of the entire Project Area
unless expressly waived by the City Council.
b. The City Council shall be conservative in exercising its discretion to permit a
Planned Unit Development of less than ten (10) acres.
C. Planned Unit Development OverlayDistrictTypes. The PUD Overlay Districts shall be
categorized as the following types:
HR-PUD High Density Residential Planned Unit Development Overlay District. The
I-iR-PUD is intended to provide the opportunity to develop a Planned Unit
Development of a nature and intensity equivalent to the R-3 Base Zoning District.
The permitted, conditional, and accessory uses in this District are the same as those
for the R-3 district. The Base Zoning District for all HR-PUD shall be R-3.
2. MR-PUD Medium Density Residential Planned Unit Development Overlay District.
The MR-PUD is intended to provide the opportunity to develop a Planned Unit
Development of a nature and intensity equivalent to the R-2 Base Zoning District.
The permitted, conditional, and accessory uses in this district are the same as those
for the R-2 district. The Base Zoning District for all MR-PUD shall be R-2.
3. LB-PUD Limited Business Planned Unit Development Overlay District, The LB-PUD
is intended to provide the opportunity to develop a Planned Unit Development of a
nature and intensity equivalent to the B-1, limited business Zoning District. The
permitted, conditional, and accessory uses in this district are the same as those for the
B-1 district. The Base Zoning District for all LB-PUD shall be B-1.
4. 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 a
mix of residential and nonresidential uses. All permitted, conditional, and
accessory uses contained in the R-2, R-3, B-1, and B-2 Zoning Districts shall be
treated as potentially allowed within the MU-PUD District, provided they are
consistent with the Comprehensive Plan. The City Council shall have the authority to
approve other uses in the MU-PUD district by Conditional Use Permit. The Base
Zoning District for all MU-PUD shall be R-3.
D. Ri¢hts to rezone to a Planned Unit Development Overlay District
The use of more flexible regulations in the development of land under this Section may be
approved if all of the conditions of this Section are found to exist and if it is determined
that it is in the overall community interest to do so. The rezoning is not an assumed right
but is a discretionary privilege which may be granted by the City Council. All Planned
Unit Development Overlay Districts shall follow the procedures of other provisions of this
Chapter, and the areas of flexibility, including from uses or dimensional standards must be
clearly established within the established Planned Unit Development Overlay District.
E. Approval and Administration.
1. All Planned Unit Developments must be rezoned to an Overlay District and must
include a Planned Unit Development Agreement that defines and describes the uses,
any areas of flexibility from the Base Zoning District, and the development terms and
conditions. The application for rezoning shall follow the process established in
Section [12-5B-3] and the Planned Unit Development application shall be processed
concurrently.
2. Standards for Approval. The Planned Unit Development may be approved only if it
satisfies all of the following standards:
a. 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.
b. The Planned Unit Development has been planned and is proposed to be developed
to harmonize with adjacent projects or proposals.
c. 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 City Council.
d. The Planned Unit Development is consistent with the Comprehensive Plan of the
communityI
e. The Planned Unit Development can be planned and developed to harmonize with
any existing or proposed development in the areas surrounding the project site.
3. Number of Dwelling Units.
a. In a residential Planned Unit Development, the number of dwelling units
proposed for the entire site shall not exceed the total number permitted by the
Base Zoning District(s) and the Comprehensive Plan in which the land is located.
If the residential Planned Unit Development is in more than one Base 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 Zoning District
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 established by the Base 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
Base Zoning District(s) at the discretion of the City Council, but in all cases must
comply with the density ranges established in the Comprehensive Plan.
b. 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 Base Zoning District. The net acreage shall be defined as the
Project Area less the land area dedicated for public arterial and collector streets
and delineated wetlands. The net acreage shall include all lands to be conveyed to
the City for public parks and local roads in the calculation.
F. Procedure for Planned Unit Develo ment.
1. Concept Plan.
a. Preapplication Conference. Before submitting an application for a Concept Plan
or Preliminary Development Plan the Applicant must meet with the Zoning
Administrator to discuss the proposed Planned Unit Development. After the
meeting, if the Applicant wishes to move forward the Applicant must submit a
Concept Plan 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. The Concept Plan must be accompanied by the information
specified herein, which shall be reviewed by the Planning Commission and the
City Council. The Zoning Administrator shall not place a Concept Plan on the
Planning Commission agenda until all of the information specified in this Section
has been provided by the Applicant. The information must be submitted to the
Zoning Administrator at least 21 days before the Planning Commission meeting
so that a Staff report can be prepared for presentation.
c. 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:
(1.) The existing topography 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 and roadways, included proposed
access locations.
(4.) Public uses, including schools, parks, playgrounds, and other open spaces.
d. A written statement shall accompany the Concept Plan, which must contain the
following information.
(1.)
An explanation of the character of the Planned Unit Development and how
it is consistent with and has been planned to comply with the Planned Unit
Development provisions contained in this Section.
(2.)
A statement of proposed financing.
(3.)
A statement of the present ownership and all existing or contingent interests
in the land included within the Planned Unit Development.
(4.)
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.
(5.)
The character and approximate density of dwelling units, if applicable.
(6.)
Estimated industrial or commercial acreage and projected employment, if
applicable.
(7.)
Estimated square footage of any commercial development, if applicable.
(8.)
Estimated amount of open space and a computation showing the percent of
impervious surface in the Project Area.
(9.)
Projected traffic.
e. Action Following Concept Plan review. The Planning Commission and the City
Council shall make recommendations regarding the Concept Plan and give
reasons for their recommendations. Such discussion and recommendations are not
binding on the city in any way, and is intended only to be advisory to the
Applicant.
2. Preliminary Development Plan.
a. If a Preliminary Development Plan has not been submitted to the Planning
Commission within six (6) months following the date of the City Council meeting
at which the Concept Plan was discussed, then the Applicant shall repeat the
Concept Plan process specified by this Section. 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 for Concept
Plan.
b. Every Preliminary Development Plan must include all of the following
information:
(1.) A map showing street systems, plot lines and plot designs.
(2.) Areas proposed to be conveyed, dedicated, or reserved for parks,
playgrounds, play ways, school sites, public buildings, and similar public
and semipublic uses.
(3.) A Plat or Site Plan that shows every building site and common open area,
the proposed location of all buildings, structures and improvements and
identifies the open spaces around buildings and structures. The Plat or Site
Plan shall include an analysis and report of the area devoted to each
proposed parcel, building, and use.
(4.) Elevation and perspective drawings of all proposed structures and
improvements and any accessory structures. The drawings must indicate the
general design character and proposed materials and must be to -scale.
(5.) A development schedule indicating:
(i.) The approximate date when construction of the project can be expected
to begin;
(R.) The stages in which the project will be built and the approximate date
when construction of each stage can be expected to begin;
(iii.) The anticipated rate of development;
(iv.) The approximate dates when the development of each of the stages in
the development will be completed; and
(v.) The area and location of common open space that will be provided at
each stage.
(6.) 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.
(7.) The following plans and diagrams:
(Q All information required under the provisions of [Subsection 12-513-4]
of this Chapter.
(ii.) An off-street parking and loading plan.
(M.) 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.
(iv.) A landscaping and tree planting plan.
(v.) An economic feasibility report or market analysis.
(S.) 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 Section.
3. Approval of Preliminary Development Plan or Final Development Plan Submitted in
Lieu Thereof.
a. Time for Filing; Hearing and Notice. The Applicant shall file the Preliminary
Development Plan (or in lieu thereof a Final Development Plan) with the Zoning
Administrator a minimum of 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 [12-5B-1D.4] of this
Chapter.
b. Recommendation of Planning Commission. The Planning Commission shall
review the Preliminary or Final Development Plan and, after the Public Hearing,
submit a written report recommending that the rezoning and development plan be
approved, approved with modifications, or denied and give the reasons for these
recommendations.
c. Action by City Council.
(1.) After receipt of the report and recommendations of the Planning
Commission, the City Council shall consider the Plan and the report
transmitted to them by the Planning Commission. At the time of
consideration, the City Council may take action to approve, approve with
modifications, deny with findings, or continue the discussion for further
information and report from the Planning Commission as it may direct.
(2.) Upon approval of the Development Plan the City Council shall
conditionally approve the rezoning and Planned Unit Development
Agreement with appropriate findings consistent with this Section. 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 shall cause the rezoning to become valid by the
affirmative vote of the majority of all City Council Members,
4. Final Development Plan.
a. Time for Filing. Within six (6) weeks following the approval of the Preliminary
Development Plan by the City Council, the Applicant shall file with the Zoning
Administrator a Final Development Plan containing the information conditioned
in the Preliminary Development Plan approval. In its discretion and for good
cause, the City Council may extend for six (6) weeks the period for the filing of
the Final Development Plan.
b. Development Agreement. All agreements, covenants and conditions relating to the
Planned Unit Development, including, without limitation:
(1.) Those which relate to the use, maintenance and continued protection of any
common open areas;
(2.) All areas of flexibility from the Base Zoning District granted; and
(3.) All conditional uses which are inconsistent with the requirements and uses
otherwise permitted in the Zoning District or the districts which comprise
the Planned Unit Development as approved by the City Council shall be set
forth in a development agreement mutually agreed to and entered into
between the Applicant and the City.
(4.) Approval of the Development Agreement by the City Council and the
Applicant shall be a condition for approval of the Final Development Plan.
c. Action By City Council.
(1) The City Council will review the Final Development Plan to determine that
all conditions to the approval of the Preliminary Development Plan have
been satisfied and that the standards set forth in [Subsection 12-IK-5A] of
this Section continue to be met, the City Council shall approve the Final
Development Plan and the rezoning to a Planned Unit Development
Overlay District.
(2.) No Building Permits will be issued until the Applicant provides evidence to
the City of the recording of the Final Development Plan and the
Development Agreement.
(3.) 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
Rezoning, and the Applicant shall be referred back to the Planning
Commission to begin that process.
5. Amendments to Final Development Plan. No changes may be made in the approved
Final Development Plan after its approval by the City Council, except upon
application to the Council under the procedures provided below:
a. Minor changes in the location, siting, and height of buildings and structures may
be authorized by the City Council if required by engineering or other
circumstances not foreseen at the time the Final Development Plan was approved.
Such approval shall require the affirmative vote of a majority of all members of
the City Council.
b. 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 Development Plan must be made by the City Council under the
procedures authorized by this Chapter for the approval of a Zoning Amendment.
No amendments may be required by the City Council because of changes in
conditions that have occurred since the Final Development Plan was approved or
by changes in the development policy of the community.
G. 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 and the Base Zoning
District standards shall govern. In its discretion and for good cause, the City Council may
extend for up to one additional year the period for the beginning of construction.
H. Enforcing Development Schedule. The construction and provision of all 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 the
Zoning Administrator finds that the rate of construction of dwelling units is greater than
the rate at which common open spaces and public and recreational facilities have been
constructed and provided, they shall forward this information to the City Council, who
shall identify appropriate penalties and violations.
I. Open Spaces.
1. Conveyance and Maintenance of Common Open Space.
a. Options. All land shown on the Final Development Plan as common open space
must be conveyed under one of the following options:
(1.) 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.
(2.) 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.
b. 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 Zoning
Ordinance. 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.
c. Enforcement. If the common open space is not conveyed to a public agency,
either one of the following methods of enforcement must be provided:
(l.) 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 in the
event the completion of such improvements is not completed.
(2.) 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.
d. 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.
Standards for Common or Public Open Space.
a. Location and Design. The location, shape, size and character of the common open
space must be suitable for the Planned Unit Development.
b. Use Requirements. Common open space must be used for amenities 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.
c. Improvement Requirements.
(1.) 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, struchues 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.
(2.) 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.
d. Development Schedule. The development schedule which is part of the Final
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.
e. 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.
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:
a. Bond, Surety, Financial Guarantee. The City Council will 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.
b. 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 City 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.
c. Exercise Option. If any of the Planned Unit Development which includes
common open space is held by the Owner on option, the Owner may assign to the
City Council the right to exercise the option to acquire the common open space
and shall simultaneously provide the City Council with the sum necessary, if any,
to exercise the option and acquire the property.
d. 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
City 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 Agreement controlling the PUD shall specify the
Applicant's agreement to this remedy.
J. Control of Planned Unit Development Following Completion.
1. Issuance of Certificate of Completion. The City 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.
2. 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 Zoning Ordinance,
3. Changes To Final Development Plan.
a. 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:
(1.) 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 City 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%).
(2.) Unauthorized Uses. Any uses not authorized by the approved Final
Development 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
Base Zoning District 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.
(3.) 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 Zoning Amendment
under this Chapter.
(4.) 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 Zoning Amendment under this
Chapter.
(5.) All Other Changes. All other changes in the Final Development Plan must
be approved by the City Council under the procedures authorized by 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 Development Plan was approved or by
changes in the development policy of the community.
b. No changes in the Final Development Plan which are approved under this Section
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 Section are expressly reserved.
ARTICLE C. OTHER APPLICATIONS, STUDIES AND PERMITS
12-SC-1 Building Permits
A. Required. No structure may be erected or structurally altered until it has been determined
that a Building Permit is required. If required, the Building Permit must be issued,
indicating that the existing or proposed structure and the use of the land complies with this
Zoning Ordinance and the building code prior to any construction or site work.
1. Building Permits that do not comply with all the requirements of the building code
will not be issued.
2. No site preparation work, including rough grading, driveway construction, footing
excavation, tree removal or other physical changes to the site may occur prior to the
issuance of a Building Permit and other required land use or zoning permits.
B. Application. Applications for Building Permits required by this Section shall be made to
the City Clerk or Building Official on the official forms. The City Clerk or Building
Official shall maintain a record of all applications and all permits issued under this
Section.
C. Site Plan. Applications for a Building Permit must be accompanied by a Site Plan (Minor)
to determine compliance with this Zoning Ordinance. In some cases, the Zoning
Administrator may require a Certificate of Survey be completed.
D. Issuance. No Building Permit shall be issued for any improvement that would result in a
use, building or structure that is in violation of this Zoning Ordinance, or the subdivision,
shoreland management, floodplain, MRCCA, or any other city regulations.
E. Expiration. Building Permits issued under the provisions of this Section and the Building
Code shall expire and be null and void if the work authorized by a Building Permit is
abandoned or suspended for a period of 120 days, or in the event that work is not
commenced or completed within the time period to start work as established in the permit
conditions.
F. Suspension or Revocation. The Building Official may, in writing, suspend or revoke a
Building Permit issued under the provisions of this Section and the Building Code
whenever such Building Permit is issued in error or on the basis of incorrect information
supplied, or in violation of any city ordinance, regulation or code.
12-SC-2 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
an
d 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 Certificate of Occupancy. Every application for a Certificate of
Occupancy for the 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 a Certificate of Occupancy.
2. Any Certificate of Occupancy 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/she shall revoke the
Certificate of Occupancy, 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.
12-SC-3 Traffic Studies
A. Purpose and Applicability. Any application for a proposed development or redevelopment
project that results in the change or intensification of the existing or planned land use may
be required to conduct or submit a recently completed traffic study
B. Application. A Traffic Study may be requested by either the Zoning Administrator or
Public Works Director, and such study shall accompany the primary Land Use
Application. The study shall be prepared in compliance with the most current version of
the Dakota County Traffic Impact Analysis Guidelines.
C. Information to be Submitted. The Study shall be prepared at the cost of the Applicant and
prepared by a licensed engineer. The Study must analyze existing and proposed traffic
patterns of the surrounding area for review and comment as part of the primary Land Use
Application or any plat.
1. Other Agency Review. When potentially impacted roadways included in the traffic
study are under county, state, or adjacent City jurisdiction, the City reserves the right
to request additional review and comment from those jurisdictions for consideration
in evaluating the permit application.
12-SC-4 Administrative Permit
A. Pu ose. The purpose of the Administrative Permit is to verify and check compliance of
certain activities and improvements with the standards and regulations established within
this Zoning Ordinance.
B. Applicability. An Administrative Permit must be obtained for all activities and uses as
identified on Table [12-313-1.1] Table of Uses and as required throughout this Zoning
Ordinance.
1. Issuance. The Zoning Administrator shall issue an Administrative Permit which may
include reasonable conditions. Periodic review or renewal of the Administrative
Permit may be required as stated within this Zoning Ordinance, or as noted in the
Conditions of the Administrative Permit.
C. Application. Whenever this Zoning Ordinance requires an Administrative Permit, an
application in writing must be filed with the Zoning Administrator prior to the
commencement of the proposed use or activity.
D. Information to be submitted. The application must be accompanied by development plans
for the proposed use. The plans must contain adequate information to determine that the
proposed development or use meets the standards of this Zoning Ordinance. The Zoning
Administrator will determine what information is necessary to issue the Administrative
Permit. Development plans may include:
1. Site Plan (Minor).
2. Landscaping and Screening Plan [see 124A-5 and 124D-2].
3. Grading and Drainage plan.
4. Description of use/activity.
E. Action. The Zoning Administrator will issue or deny the Administrative Permit within 15
days after the receipt of a complete application.
F. Lack of Action. If no such action on the Administrative Permit is taken, the request for
Administrative Permit is deemed approved, unless the Zoning Administrator determines
otherwise.
G. Appeal. If the request for Administrative Permit is denied or if conditions are imposed, the
Applicant may appeal the decision to the Board of Zoning Appeals. Such appeal shall
follow the appeal procedures as established in Section [12-5A-3].
ARTICLE D. ENVIRONMENTAL REVIEW
12-SD-1 Environmental Assessment Worksheet (EA4V)
A. Environmental Review Program.
The provisions of the rules for the Environmental Review Program, [6MCAR 3.021 to
3.047], one copy of which is on file in the Office of the Clerk, are hereby adopted,
together with the other provisions of this Section, as a basis for the environmental review
operating procedures the City will follow in implementing the provisions of Minnesota
Statutes, [Chapter 116D] relating to the Environmental Review Program and any rules
adopted thereunder by the Minnesota Environmental Quality Board. All terms used in this
Chapter shall have the same meaning as the terms used in Chapter I I6D and the rules
adopted thereunder.
B. Cost of Preparation and Review.
1. Information To Be Provided The Applicant for a permit for any action for which
environmental documents are required either by state law or rules or by the City
Council shall supply in the manner prescribed by the administrator all unprivileged
data or information reasonably requested by the City that the Applicant has in his
possession or to which he has reasonable access.
2. Environmental Assessment Worksheets. The Applicant for a permit for any action for
which an Environmental Assessment Worksheet (EAW) is required either by state
law or rules or by the City Council, shall pay all costs of preparation and review of
the EAW, and upon the request of and in the manner prescribed by the administrator
shall prepare a draft EAW and supply all information necessary to complete that
document.
3. Environmental Impact Statement. The City and the Applicant for a permit for any
action for which an Environmental Impact Statement (EIS) is required shall comply
with the provisions of the rules governing assessment of costs for Environmental
Impact Statements, one copy of which is on file in the Office of the Clerk, unless the
Applicant and the City Council provide otherwise by a written agreement.
4. Payment Of Costs. No permit for an action for which an EAW or an EIS is required
shall be issued until all costs of preparation and review which are to be paid by the
Applicant are paid, and all information required is supplied, and until the
environmental review process has been completed as provided in this Section and the
rules adopted by reference by this Section, and pursuant to any written agreement
entered into by the Applicant for the permit or permits and the City Council under the
provision of Subsection [E] of this Section.
Agreements Concerning Cost of Preparation and Review. The Applicant for a permit
for any action for which an EAW or EIS is required, and the City Council may, in
writing agree as to a different division of the costs of preparation and review of any
EAW or EIS as provided in [6MCAR 3.042].
C. Administration,
1, Duty Of Administrator. The Zoning Administrator is responsible for the
administration of the Environmental Review program, and the rules adopted by
reference by this Chapter.
2. Action Required. The Zoning Administrator is responsible for determining whether an
action for which a permit is required is an action for which an EAW is mandatory
under 6MCAR 3.024. The Zoning Administrator shall also determine those proposed
actions for which an optional EAW may be required under the provisions of the
Section and shall notify the City Council of these proposed actions.
3. Preparation. All EAWs and EISs shall be prepared under the supervision of the
Zoning Administrator and reviewed and approved by the City Council,
4. Alterations. When reviewing an EAW or EIS, the Zoning Administrator may suggest
design alterations which would lessen the environmental impact of the action. The
City Council may require these design alterations to be made as a condition for
issuing the permit when it finds that the design alterations are necessary to lessen the
environmental impact of the action.
D. Optional EAW,
The City Council may, upon recommendation by the Zoning Administrator, require that
an optional EAW be prepared on any proposed action if the action may be a major action
and appears to have the potential for significant environmental effects. The following
guidelines shall also be considered in determining whether an optional EAW shall be
required:
1. Is the action to be in or near an area that is considered to be environmentally sensitive
or aesthetically pleasing?
2. Is the action likely to have disruptive effects such as generating traffic and noise?
3. Are there public questions or controversy concerning the environmental effects of the
proposed actions?
E. Enforcement and Penalty.
1. General Rule. No permit shall be issued for a project for which environmental
documents are required until the entire environmental review procedures established
by this Chapter are completed.
2. Compliance. No work shall commence and any work in progress on any project for
which environment documents are required shall cease until the environmental review
procedures established by this Chapter are fully complied with.
3. Violations. Each day that the violation of this Chapter is permitted to exist constitutes
a separate offense.
ARTICLE E. FEES AND VIOLATIONS
12-5E-1 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. In addition to any other remedies available to the City, a double
fee or $250.00, whichever is greater, shall be charged if action requiring any permit
required by this Ordinance is undertaken without first obtaining a permit for such action.
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 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.
12-5E-2 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 I-
4-1].
CHAPTER 6: CRITICAL AREA OVERLAY DISTRICT
ARTICLE A. GENERAL PROVISIONS AND ADMINISTRATION
12-6A-1 Authority, Policy and Intent
E. Statutory Authorization. This Mississippi River Corridor Critical Area (MRCCA) Overlay
District Chapter is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 116G, Minnesota Rules, Parts 6106,0010 - 6106,0180, and
the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462 and 473.
F. Policy. The Legislature of Minnesota has delegated responsibility to local governments of
the State to regulate the subdivision, use, and development of designated critical areas and
thus preserve and enhance the quality of important historic, cultural, aesthetic values, and
natural systems and provide for the wise use of these areas.
G. Intent. The Mississippi River Corridor Critical Area regulations are intended to:
1. Establish districts under which building height and structure placement are regulated
to protect and enhance the Mississippi River's resources and features consistent with
the natural and built character of each district.
2. Identify development standards and considerations for land uses that have potential to
negatively affect primary conservation areas and public river corridor views.
3. Establish standards that protect primary conservation areas and public river corridor
views from development impacts and ensure that new development is established
consistent with the purpose of the MRCCA.
4. Establish design standards for private facilities that are consistent with best
management practices and that minimize impacts to Primary Conservation Areas
(PCAs), Public River Corridor Views (PRCVs) and other resources identified in the
MRCCA plan.
5. Establish design standards for public facilities that are consistent with best
management practices and that minimize impacts to primary conservation areas,
public river corridor views and other resources identified in the MRCCA plan while
recognizing that they serve the public interest by providing access to the Mississippi
River Corridor or require locations within the river corridor and therefor require some
flexibility.
6. Establish standards that sustain and enhance the biological and ecological functions
of vegetation; preserve the natural character and topography of the MRCCA; and
maintain stability of bluffs and critical area steep slopes and ensure stability of other
erosion -prone areas.
7. Establish standards that protect water quality from pollutant loadings of sediment,
nutrients, bacteria, and other contaminants; and maintain stability of bluffs,
shorelines, and other areas prone to erosion.
8. To create standards for subdivisions and development or redevelopment of sites that
protect and enhance the natural and scenic value of the MRCCA, protect and restore
biological and ecological functions of primary conservation areas, and encourage
restoration of native vegetation where restoration opportunities have been identified
in the MRCCA Plan. [Ord. 568, 9-23-2021]
12-6A-2 General Provisions and Definitions
A. Jurisdiction. The provisions of this Chapter apply to land within the river coizidor
boundary as described in the State Register, Volume 43, pages 508 to 519 and shown
on the City's official zoning or MRCCA maps on file with the City.
3. Enforcement. The City Zoning Administrator and Public Works Director are jointly
responsible for the administration and enforcement of this Chapter. Any violation of
its provisions or failure to comply with any of its requirements, including violations of
conditions and safeguards established in connection with grants of variances or
conditional uses, constitutes a misdemeanor and is punishable as defined by law.
Violations of this Chapter can occur regardless of whether or not a permit is required
for a regulated activity listed in Section [12-511-1].
C. Severability. If any section, clause, provision, or portion of this Chapter is judged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
Chapter shall not be affected thereby.
D. Abrogation and Greater Restrictions. It is not intended by this Chapter to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions. However,
where this Chapter imposes greater restrictions, the provisions of this Chapter shall
prevail. To the extent any other Chapters or sections are inconsistent with this Chapter,
the provisions of this Chapter shall prevail.
E. Underlying Zoning, Uses and standards of underlying Zoning Districts apply except
where standards of this Chapter are more restrictive.
12-6A-3 Administration
A. Purpose. The purpose of this Section is to identify administrative provisions to
ensure this Chapter is administered consistent with its purpose.
B. Permits. A Critical Area Permit is required for the construction of any new
structure, building(s) or building addition(s), including construction of decks,
retaining walls, signs, the installation and/or alteration of sewage treatment
systems, vegetation removal consistent with [Section 12-6A-9] and land alterations
consistent with Section [12-6A-10].
C. Variances. Variances to the requirements under this Chapter may only be granted
in accordance with Minnesota Statutes, Section 462.357 and must consider the
potential impacts of variances on primary conservation areas (PCAs), public river
corridor views (PRCVs), and other resources identified in the MRCCA Plan. In
reviewing the Variance application, and before granting a Variance, the City shall:
1. Evaluate the impacts to these resources. If negative impacts are found,
require conditions to mitigate the impacts that are related to and
proportional to the impacts, and consistent with Section [12-6A-3E]
(below); and
2. Make written findings that the variance is consistent with the purposes and
scope of this Chapter as follows:
a. The extent, location and intensity of the variance will be in
substantial compliance with the MRCCA Plan;
b. The Variance is consistent with the character and management
purpose of the MRCCA District in which it is located;
c. The Variance will not be detrimental to PCAs and PRCVs nor
will it contribute to negative incremental impacts to PCAs and
PRCVs when considered in the context of past, present and
reasonable future actions; and
d. The Variance will not negatively affect other MRCCA resources
identified in the City's MRCCA Plan such as wetlands, river
overlooks, parks, and open space.
D. Conditional and Interim Use Permits. All Conditional and Interim uses required
under this Chapter must comply with Minnesota Statutes, Section 462.3595 and
462.3597 respectively, and must consider the potential impacts on primary
conservation areas, public river corridor views, and other resources identified in
the City's MRCCA Plan. In reviewing the application, and before granting a
Conditional or Interim use Permit, the City shall:
1. Evaluate the impacts to these resources and if negative impacts are found,
require conditions to mitigate the impacts that are related to and
proportional to the impacts, consistent with Section [12-6A-3E / 12-6A-
3.11 (below); and
2. Make written findings that the Conditional or Interim Use is consistent
with the purpose of this Chapter as follows.
a. The extent, location, and intensity of the Conditional or Interim
Use will be in substantial compliance with the MRCCA Plan;
b. The Conditional or Interim Use is consistent with the character
and management purpose of the MRCCA District in which it is
located;
c. The Conditional or Interim Use will not be detrimental to PCAs
and PRCVs nor will it contribute to negative incremental impacts
to PCAs and PRCVs when considered in the context of past,
present, and reasonable future actions; and
d. The Conditional or Interim Use will not negatively affect other
resources identified in the City's MRCCA Plan, such as wetlands,
river overlooks, and parks and open space.
E. Conditions of Approval and Miti atg ion. The City shall evaluate the impacts to
PCAs, PRCVs and other resources identified in the MRCCA Plan, and if negative
impacts are found, require conditions to mitigate the impacts that are related to and
proportional to the impacts. Mitigation may include, but is not limited to:
1. Restoration of vegetation identified as "vegetation restoration priorities" in
the City's MRCCA Plan;
2. Preservation of existing vegetation;
3. Increasing, enhancing, and or connecting habitat for pollinators, birds, and
other wildlife;
4. Stormwater runoff management;
5. Reducing impervious surfaces;
6. Increasing structure setbacks;
7. Wetland and drainage route restoration and/or preservation;
8. Limiting the height of structures;
9. Modifying structure design to limit visual impacts on the PRCVs; and
10. Other conservation measures.
F. Nonconformities,
1. All legally established nonconformities as of the date of this Zoning
Ordinance may continue and will be regulated consistent with Minnesota
Statutes, Section 462.357, Subd. le.
2. New structures erected in conformance with the setback averaging
provisions of [Section 12-6A-6] are conforming structures.
3. Site alterations and expansion of site alterations that were legally made
prior to the effective date of this Zoning Ordinance are conforming. Site
alterations include vegetation, erosion control, stormwater control
measures, and other nonstructural site improvements.
4. Legally nonconforming principal structures that do not meet the setback
requirements of Section [12-6A-6C] may be expanded laterally provided
that:
a. The expansion does not extend into the Shore or Bluff Impact
Zone or further into the required setback than the building line of
the existing principal structure [Figure 12-6A-3.1]; and
b. The expanded structure's scale and bulk is consistent with that of
the original structure and existing surrounding development.
Figure 12-6A-3.1 Expansion of Nonconforming Structures Diagram
Expansion aF Nonconforming Structure
rtCL a��-;�v:ec1
G. Accommodating Disabilities. Reasonable accommodation for ramps and other
facilities to provide persons with disabilities access to the person's property, as
required by the federal Americans with Disabilities Act and the federal Fair
Housing Act and as provided by Minnesota Rules, Chapter 1341, must:
1. Comply with [Sections 12-6A-6 to 12-6A45]; or
2. If Sections [12-6A-6 to 12-6A-15] cannot be complied with, ramps or other
facilities are allowed with an administrative permit provided:
a. The permit terminates on either a specific date or upon occurrence
of a particular event related to the person requiring
accommodation, provided that the permit's termination date may
be extended or the termination event may be modified upon
request, as required by federal and state law; and
b. Upon expiration of the permit, the ramp or other facilities must be
removed. (Ord. 568, 9-23-2021)
12-6A-4 Mississippi River Corridor Critical Area (MRCCA) Districts
A. Purpose. The purpose of this Section is to establish districts under which
building height and structure placement are regulated to protect and enhance
the Mississippi River's resources and features consistent with the natural and
built character of each district.
B. MRCCA District Map. The locations and boundaries of the MRCCA Districts
established by this Chapter are shown on the MRCCA Overlay District Map
which is incorporated herein by reference. The district boundary lines are
intended to follow the centerlines of rivers and streams, highways, streets, lot
lines, and municipal boundaries, unless a boundary line is otherwise indicated
on the map. Where district boundaries cross property that has not been
subdivided, the district boundary line is determined by the use of dimensions
or the scale appearing on the map. For purposes of determining the application
of this Chapter to any particular parcel of land, the above referenced map shall
be on file in the Office of the Zoning Administrator and shall be available for
inspection and copying.
C. District Description and Management Purpose. The MRCCA within the City is
divided into the following three (3) separate MRCCA Districts:
1. Rural and Open Space (ROS).
a. Description. The ROS District is characterized by rural and low -
density development patterns and land uses, and includes land
that is riparian or visible from the river, as well as large,
undeveloped tracts of high ecological and scenic value,
floodplain, and undeveloped islands. Many primary conservation
areas exist in the District.
b. Management Purpose. The ROS District must be managed to
sustain and restore the rural and natural character of the corridor
and to protect and enhance habitat, parks and open space, public
river corridor views, and scenic, natural, and historic areas.
2. River Neighborhood (RN).
a. Description. The RN District is characterized by primarily
residential neighborhoods that are riparian or readily visible from
the river or that abut riparian parkland. The District includes
parks and open space, limited commercial development, marinas,
and related land uses.
b. Management Purpose. The RN District must be managed to
maintain the character of the river corridor within the context of
existing residential and related neighborhood development, and to
protect and enhance habitat, parks and open space, public river
corridor views, and scenic, natural, and historic areas. Minimizing
erosion and the flow of untreated stormwater into the river and
enhancing habitat and shoreline vegetation are priorities in the
District.
3. Separated from River (SR).
a. Description. The SR District is characterized by its physical and
visual distance from the Mississippi River. The District includes
land separated from the river by distance, topography,
development, or a transportation corridor. The land in this District
is not readily visible from the Mississippi River.
b. Management Purpose. The SR District provides flexibility in
managing development without negatively affecting the key
resources and features of the river corridor. Minimizing negative
impacts to primary conservation areas and minimizing erosion
and the flow of untreated stormwater into the river are priorities
in the District. In addition, providing public access to and public
views of the river, and restoring natural vegetation in riparian
areas and tree canopy are also priorities in the District. [(Ord. 568,
9-23-2021)]
12-6A-5 Special Land Use Provisions
A. Purpose. The purpose of this Section is to identify development standards and
considerations for land uses that have potential to negatively impact primary
conservation areas and public river corridor views.
B. Underlying Zoning, Uses within the MRCCA are generally determined by underlying
zoning, with additional provisions for the following land uses:
1. Agricultural use. Perennial ground cover is required within 50-feet of the
ordinary high-water level and within the Bluff Impact Zone.
2. Feedlots. New animal feedlots and manure storage areas are prohibited.
Existing animal feedlots and manure storage areas must conform with
Minnesota Rules, Chapter 7020.
3. Forestry. Tree harvesting and biomass harvesting within woodlands, and
associated reforestation, must be consistent with recommended practices in
Conserving Wooded Areas in Developing Communities: Best Management
Practices in Minnesota, as it may be amended or revised from time to time.
4. Nonmetallic mining. Nonmetallic mining requires a Conditional Use
Permit or Interim Use Permit issued by the local government, subject to the
following:
a. New nonmetallic mining is prohibited within the Shore Impact
Zone and Bluff Impact Zone and within the required structure
setback from the bluffline and OHWL;
b. Processing machinery must be located consistent with setback
standards for structures as provided in [Section 12-6A-6C];
c. Only one barge loading area, which must be limited to the
minimum size practicable, is permitted for each mining operation;
d. New and, where practicable, existing nonmetallic mining
operations must not be readily visible and must be screened by
establishing and maintaining natural vegetation. The unscreened
boundaries of nonmetallic mining areas are limited to only the
barge loading area;
e. A Site Management Plan must be developed by the operator and
approved by the local government before new nonmetallic mining
commences. Operations must be consistent with the Site Plan
throughout the duration of operations at the site. The Site
Management Plan must
i. Describe how the site will be developed over
time with an emphasis on minimizing
environmental risk to public waters;
ii. Explain where staged reclamation may occur at
certain points during the life of the site;
iii. Address dust, noise, stormwater management,
possible pollutant discharges, days and hours of
operation, and duration of operations; and
iv. Describe any anticipated vegetation and
topographic alterations outside the pit, and
reclamation plans consistent with the stated end
use for the land.
£ Existing and new nonmetallic mining operations must submit
land reclamation plans to the local government compatible with
the purposes of this Chapter.
5. River -dependent Uses. River -dependent uses must comply with the
following design standards:
a. Structures and parking areas, except shoreline facilities and
private roads and conveyances serving river -dependent uses as
provided in [Section 12-6A-15], must meet the dimensional and
performance standards in this Chapter must be designed so that
they are not readily visible, and must be screened by establishing
and maintaining natural vegetation;
b. Shoreline facilities must comply with Minnesota Rules, Chapter
6115 and must:
i. Be designed in a compact fashion so as to
minimize the shoreline area affected; and
ii. Minimize the surface area of land occupied in
relation to the number of watercraft or barges to
be served.
c. Dredging and placement of dredged material are subject to
existing federal and state permit requirements and agreements.
6. Wireless Communication Towers. Wireless communication towers require
a conditional or interim use permit and are subject to the following design
standards:
a. The Applicant must demonstrate that functional coverage cannot
be provided through co -location, a tower at a lower height, or a
tower at a location outside of the MRCCA;
b. The tower must not be located in a Bluff or Shore Impact Zone;
c. Placement of the tower must minimize impacts on public river
corridor views; and
d. Comply with the general design standards in [Section 12-6A-8.B.
(Ord. 568, 9-23-2021)]
12-6A-6 Structure Height, Placement and Lot Size
A. P ose. The purpose of this Section is to establish standards that protect primary
conservation areas and public river corridor views from development impacts and ensure
that new development is sited consistent with the purpose of the MRCCA.
B. Structure Height. Structures and facilities must comply with the following standards
unless identified as exempt in [Section 12-6A-15].
1. ROS District. The lesser of the height standard as determined by the
underlying Zoning District or 35-feet.
2. RN District. The lesser of the height standard as determined by the
underlying Zoning District or 35-feet.
3. SR District. Height is determined by the underlying Zoning District,
provided the allowed height is consistent with that of the mature tree line,
where present, and existing surrounding development, as viewed from the
OHWL of the opposite shore.
4. Height shall be measured on the side of the structure facing the Mississippi
River,
5. In addition to the Conditional Use Permit requirements of [Section 12-6A-
3.1)], criteria for considering whether to grant a Conditional Use Permit for
structures exceeding the height limits must include:
a. Assessment of the visual impact of the proposed structure on
public river corridor views, including views from other
communities;
b. Determination that the proposed structure meets the required bluff
and OHWL setbacks;
a Identification and application of techniques to minimize the
perceived bulk of the proposed structure, such as:
i. Placing the long axis of the building perpendicular to the river;
ii. Stepping back of portions of the facade;
iii. Lowering the roof pitch or use of a flat roof;
ivI Using building materials or mitigation techniques that will blend in
with the natural surroundings such as green roofs, green walls, or
other green and brown building materials;
v. Narrowing the profile of upper floors of the building; or
vi. Increasing the setbacks of the building from the Mississippi River
or blufflines.
d. Identification of techniques for preservation of those view
corridors identified in the MRCCA Plan; and
e. Opportunities for creation or enhancement of public river corridor
views.
C. Location of Structure and Impervious Surfaces.
1. Structures and impervious surfaces must not be placed in the Shore or
Bluff Impact Zones unless identified as an exemption in [Section 12-6A-
15].
2. Structures and facilities, including impervious surfaces, must comply with
the following OHWL setback provisions unless identified as exempt in
[Section 12-6A-15].
a. ROS District: 200-feet from the Mississippi River and 150-feet
from the Minnesota River.
b. RN District: 100-feet from the Mississippi River.
c. SR District: (not applicable in the City of Mendota Heights)
3. Structures and facilities including impervious surfaces, must comply with
the following bluffline setback provisions unless identified as exempt in
[Section 12-6A-151:
a. ROS District: 100-feet.
b. RN District: 40-feet.
c. SR District: 40-feet.
4. Where principal structures exist on the adjoining lots on both sides of a
proposed building site, the minimum setback may be altered to conform to
the average of the adjoining setbacks, if the new structure's scale and bulk
riverward or bluffward of the setbacks required under [Sections 12-6A-6C2
and 12-6A-60] are consistent with adjoining development. [See Figure
12-6A-6.1],
Figure 12-6A-6.1 Structure Setbnck Averaging Diagram
Stwaure Setback Averaging
5. Subsurface sewage treatment systems, including the septic tank and
absorption area, must be located at least 75-feet from the ordinary high-
water level of the Mississippi River and all other public waters.
D. Lot Size and Buildable Area.
1. Lots abutting the Mississippi River in the ROS District must be at least
200-feet in width, unless alternative design methods are used that provide
greater protection of the riparian area.
2. All new lots must have adequate buildable area to comply with the setback
requirements of [Sections 12-6A-6.C.2 and 12-6A-6.C.3] so as to not
require variances to use the lots for their intended purpose.
12-bA-7 Performance Standards for Private Facilities
A. Purpose. To establish design standards for private facilities that are consistent with best
management practices and that minimize impacts to primary conservation areas, public
river corridor views, and other resources identified in the MRCCA Plan.
B. General Design Standards. All private facilities must be developed in accordance with the
vegetation management and land alteration and stormwater management requirements in
[Sections 12-6A-9 and 12-6A-10].
C. Private Roads, Driveways, and Parking Areas. Except as provided in [Section 12-6A-15],
private roads, driveways, and parking areas must:
1. Be designed to take advantage of natural vegetation and topography so that
they are not readily visible;
2. Comply with structure setback requirements according to [Section 12-6A-
6.C]; and
3. Not be placed within the Bluff Impact Zone or Shore Impact Zone, unless
exempt under [Section 12-6A45] and designed consistent with [Section
12-6A-8.B].
D. Private water access and viewing facilities.
1. Private access paths must be no more than:
a. 8-feet (8') wide, if placed within the Shore Impact Zone; and
b. 4-feet (4') wide, if placed within the Bluff Impact Zone.
2. Private water access ramps must:
a. Comply with Minnesota Rules, parts 6115.0210 and 6280.0250;
and
b. Be designed and constructed consistent with the applicable
standards in Design Handbook for Recreational Boating and
Fishing Facilities.
3. Design and construction of private stairways, lifts, and landings are subject
to the following standards:
a. Stairways and lifts must not exceed 4-feet in width on residential
lots. Wider stairways may be used for commercial properties and
residential facilities held in common, if approved by a
Conditional Use Permit;
b. Landings for stairways and lifts on residential lots must not
exceeA thirty-two (32) square feet in area. Landings larger than 32
square feet are allowed for commercial properties and residential
facilities held in common, if approved by a Conditional Use
Permit;
c. Canopies or roofs are prohibited on stairways, lifts, or landings;
d. Stairways, lifts, and landings must be located in the least visible
portion of the lot whenever practical; and
e. Ramps, lifts, mobility paths, or other facilities for persons with
physical disabilities are allowed for achieving access to shore
areas according to [Section 12-6A-7.13.3.a. through d.], and as
provided under [Section 12-6A-3.G].
4. One water -oriented accessory structure is allowed for each riparian lot or
parcel less than 300' in width at the ordinary high-water level, with one
additional water -oriented accessory structure allowed for each additional
3004eet of shoreline on the same lot or parcel. Water -oriented accessory
structures are prohibited in the Bluff Impact Zone and must:
a. Not exceed 12-feet in height;
b. Not exceed one 120 square feet in area; and
c. Be placed a minimum of ten -feet from the ordinary high water
level.
E.
Decks and
Patios
in Setback
Areas.
Decks and
at -grade patios may
encroach
into the
required setbacks
from the ordinary
high-water
level and blufflines
without a
variance,
when consistent with [Sections 12-6A-9 and 12-6A-10], provided that:
1. The encroachment of the deck or patio into the required setback area does
not exceed 15 percent of the required structure setback;
2. The area of the deck or patio that extends into the required setback area
occupies no more than 25 percent of the total area between the required
setback and the 15 percent using the formula:
[Required setback depth (ft.) x 0.15 x lot width at setback (ft) x 0.25 =
maximum total area]
3. The deck or patio does not extend into the Bluff Impact Zone. [See Figure
8 - below].
Figure 12-6A-7.1 Deck and Patio Encroachment Diagram
Deck and Patio En«oachmene
t.oe saw tvro ;,, feet _.....-
..>..etx nts�
.tMrn erkfpa.ro uteltal k txl
feet
a..ef
F. Fences. Fences between principal structures and the river are allowed if fences are:
1.
Not
higher than six -feet;
2.
Not
located
within the SIZ and BIZ; and
3.
Not
located
in the regulatory floodplain.
12-6A-8 Performance Standards for Public Facilities
A. Purpose. To establish design standards for public facilities that are consistent with best
management practices and that minimize impacts to primary conservation areas, public
river corridor views and other resources identified in the MRCCA Plan. Public facilities
serve the public interest by providing public access to the Mississippi River corridor or
require locations in or adjacent to the river corridor and therefore require some degree of
flexibility.
B. General Design Standards. All public facilities must be designed and constructed to:
1. Minimize visibility of the facility from the river to the extent consistent
with the purpose of the facility;
2. Comply with the structure placement and height standards in [Section 12-
6A-6], except as provided in [Section 12-6A-15];
3. Be consistent with the vegetation management standards in [Section 12-
6A-9] and the land alteration and stormwater management standards in
[Section 12-340], including use of practices identified in Best Practices for
Meeting DNR General Public Waters Work Permit GP 2004-0001, as may
be amended or revised from time to time, where applicable;
4. Avoid primary conservation areas, unless no alternative exists. If no
alternative exists, then disturbance to primary conservation areas must be
avoided to the greatest extent practicable, and design and construction must
minimize impacts; and
5. Minimize disturbance of spawning and nesting times by scheduling
construction at times when local fish and wildlife are not spawning or
nesting;
6. Minimize disturbance during bird migration and nesting times by
scheduling construction
at times when
birds are not
migrating or nesting.
C. Right -of vvay Maintenance Standards.
Right -of --way
maintenance
must comply with the
following standards:
1. Vegetation currently in a natural state must be maintained to the extent
feasible;
2. Where vegetation in a natural state has been removed, native plants must
be planted and maintained on the right -of --way; and
3. Chemical control of vegetation must be avoided when practical, but when
chemical control is necessary, the chemicals used must be in accordance
with the regulations and other requirements of all state and federal agencies
with authority over the chemical's use.
D. Crossings of Public Waters or Public Land. Crossings of public waters or land controlled
by the Commissioner are subject to approval by the Commissioner according to
Minnesota Statutes, Sections 84.415 and 103G.245.
E. Public Utilities. Public utilities must comply with the following standards:
1. High -voltage transmission lines, wind energy conversion systems greater
than five (5) megawatts, and pipelines are regulated according to
Minnesota Statutes, Chapter 216E, 216F, and 216G respectively; and
2. If overhead placement is necessary, utility facility crossings must minimize
the visibility of the facility from the river and follow other existing right of
ways as much as practicable.
3. The appearance of structures must be as compatible as practicable with the
surrounding area in a natural state with regard to height and width,
materials used, and color.
4. Wireless communication facilities must comply with [Section 12-6A-
5.13.6].
F. Public Transportation Facilities. Public transportation facilities shall comply with the
structure placement and height standards in [Section 12-6A-6] Where such facilities
intersect or abut two or more MRCCA Districts, the least restrictive standards apply.
Public transportation facilities must be designed and constructed to give priority to:
1. Providing scenic overlooks for motorists, bicyclists, and pedestrians;
2. Providing safe pedestrian crossings and facilities along the river corridor;
3. Providing access to the riverfront in public ownership; and
4. Allowing for use of the land between the river and the transportation
facility.
G. Public Recreational Facilities. Public recreational facilities must comply with the
following standards:
1. Buildings and parking associated with public recreational facilities must
comply with the structure placement and height standards in [Section 12-
6A-6], except as provided in Section [12-6A-15];
2. Roads and driveways associated with public recreational facilities must not
be placed in the Bluff or Shore Impact Zones unless no other placement
alternative exists. If no alternative exists, then design and construction
must minimize impacts to shoreline vegetation, erodible soils and slopes,
and other sensitive resources.
3. Trails, access paths, and viewing areas associated with public recreational
facilities and providing access to or views of the Mississippi River are
allowed within the Bluff and Shore Impact Zones if design, construction,
and maintenance methods are consistent with the best management practice
guidelines in the Minnesota Department of Natural Resources' Trail
Planning, Design, and Development Guidelines, as they may be amended
or revised from time to time.
a. Hard -surface trails are not allowed on the face of bluffs with a
slope exceeding 30 percent. Natural surface trails are allowed,
provided they do not exceed 8-feet in width.
b. Trails, paths, and viewing areas must be designed and constructed
to minimize:
i. Visibility from the river;
ii. Visual impacts on public river corridor views; and
iii. Disturbance to and fragmentation of primary conservation areas.
4. Public water access facilities must comply with the following
requirements:
a. Watercraft access ramps must comply with Minnesota Rules,
Chapters 6115.0210 and 6280.0250; and
b. Facilities must be designed and constructed consistent with the
standards in the Design Handbook for Recreational Boating and
Fishing Facilities, as they may be amended or revised from time
to time.
5. Public signs and kiosks for interpretive or directional purposes are allowed
in the Bluff or Shore Impact Zones, provided they are placed and
constructed to minimize disturbance to these areas and avoid visual
impacts on public river corridor views. If illuminated, the lighting must be
fully shielded and be directed downward.
6. Public stairways, lifts, and landings must be designed as provided in
[Section 12-6AwTD.31.
12-6A-9 Vegetation Management
A. Purpose. To establish standards that sustain and enhance the biological and ecological
functions of vegetation; preserve the natural character and topography of the MRCCA;
and maintain the stability of bluffs and steep slopes and ensure stability of other erosion -
prone areas.
B. Applicability. This Section applies to:
1. Shore Impact Zones;
2. Areas within 50-feet of a wetland or natural drainage route;
3. Bluff Impact Zones;
4. Areas of native plant communities; and
5. Significant existing vegetation stands identified in the MRCCA Plan.
C. Activities Allowed Without a Vegetation Permit.
1. Maintenance of existing lawns, landscaping and gardens.
2. Removal of vegetation in emergency situations as determined by the City.
3. Right-of-way maintenance for public facilities meeting the standards in
[Section 12-6A-8.C].
4. Agricultural and forestry activities meeting the standards of [Section 12-
6A-5.13.1 and 12-6A-5.B.3].
5. Selective vegetation removal, provided that vegetative cover remains
consistent with the management purpose of the MRCCA District, including
the removal of:
a. Vegetation that is dead, diseased, dying, or hazardous;
b. Vegetation to prevent the spread of diseases or insect pests;
c. An individual tree or shrub; and
d. Invasive non-native species.
D. Activities Allowed With a Vegetation Permit,
1. Only the following intensive vegetation clearing activities are allowed with
a vegetation permit:
a. Clearing of vegetation that is dead, diseased, dying, or hazardous;
b. Clearing to prevent the spread of diseases or insect pests;
c. Clearing to remove invasive, non-native species;
d. Selective removal of keystone species;
e. Clearing to prepare for restoration and erosion control
management activities consistent with a plan approved by the
City; and
f. The minimum necessary for development that is allowed with a
building permit or as an exemption under [Section 12-6A-15].
2. General Performance Standards. The following standards must be met, in
addition to a restoration plan under [Section 12-6A-9.17], in order for the
City to approve a vegetation permit:
a. Development is sited to minimize removal of or disturbance to
natural vegetation;
b. Soil slope stability, and hydrologic conditions are suitable for the
proposed work as determined by the Public Works Director;
c. Clearing is the minimum necessary and designed to blend with
the natural terrain and minimize visual impacts to public river
corridor views and other scenic views;
d. Vegetation removal activities are conducted to expose the
smallest practical area of soil to erosion for the least possible
time, and to avoid bird migration and nesting seasons; and
e. Any other condition determined necessary to achieve the purpose
of this Section.
E. Prohibited Activities. All other intensive vegetation clearing is prohibited.
F. Vegetation Restoration Plan.
1. Development of a Vegetation Restoration Plan and reestablishment of
native vegetation is required.
a. For any vegetation removed with a permit issued under [Section
12-6A-9.D];
b. Upon failure to comply with any provisions in this Section; or
c. As part of the planning process for subdivisions as provided in
[Section 12-6A41].
2. Restoration Plan Performance Standards. The Vegetation Restoration Plan
must satisfy the application submittal requirements in [Section 12-6A-121
and:
a. Vegetation must be restored in one or more of the following
restoration priority areas:
i. Areas with soils showing signs of erosion, especially on or near the
top and bottom of steep slopes and bluffs;
ii. Shoreline areas within 25' of the water with no natural vegetation,
degraded vegetation, or planted with turf grass;
iii. Areas on steep slopes and bluffs that are visible from the river with
no natural vegetation, degraded vegetation, or planted with turf
grass; or
iv. Other approved priority opportunity areas, including priorities
identified in the MRCCA Plan.
b. Include native vegetation that provides suitable habitat and
effective soil stability, runoff retention, and infiltration capability.
Vegetation species, composition, density, and diversity must be
guided by nearby patches of native plant communities and by
Native Vegetation Establishment and Enhancement Guidelines, as
they may be amended or revised from time to time.
c. Any highly erodible soils disturbed during removal and/or
restoration must be stabilized with deep-rooted vegetation with a
high stem density.
d. Vegetation removed must be restored with native vegetation to
the greatest extent practicable. The area (square feet) of the
restored vegetation should be similar to that removed to the
greatest extent practicable.
e. For restoration of removed native plant communities, restored
vegetation must also provide biological and ecological function
equivalent to the removed native plant communities. The area
(square feet) of the restored vegetation should be equivalent to
that removed to the greatest extent practicable.
£ Be prepared by a qualified individual or a licensed professional
familiar with and experienced with native landscape materials and
planting techniques; and
g. Include a maintenance plan that includes management provisions
for controlling invasive species and replacement of plant loss for
three (3) years.
The City will issue a certificate of compliance after the Vegetation
Restoration Plan requirements have been completed to the satisfaction of
Public Works Director,
12-6A-10 Land Alteration Standards and Stormwater Management
A. Pu ose. To establish standards that protect water quality from pollutant loadings of
sediment, nutrients, bacteria, and other contaminants, and maintain the stability of bluffs,
shorelines, and other areas prone to erosion.
B. Land Alteration.
1. Within the Bluff Impact Zone, land alteration is prohibited, except for the
following, which are allowed only by permit.
a. Erosion control consistent with a plan approved by the City and
consistent with [Section 12-6A-10.F.]
b. The minimum necessary for development that is allowed as an
exception under [Section 12-6A-15]; and
c. Repair and maintenance of existing buildings and facilities.
2. Within the water quality impact zone, land alteration that involves more
than ten (10) cubic yards of material or affects an area greater than one
1,000 square feet requires a permit.
C. Rock Rinray, Retaining Walls and other Erosion Control Structures
Construction, repair, or replacement of rock riprap, retaining walls, and
other erosion control structures located at or below the OHWL must
comply with Minnesota Rules, Part 6115.0215, Subp. 4, Item E, and
6115.0216, Subp, 2. Work must not proceed until approved by the
Commissioner, permitted by the US Army Corps of Engineers and all other
permits are obtained. [See Figure 12-6A-10.1].
Figure 12-6A-10.1. Rip Rap Guidelines Diagram
Riprap Guidelines
2. Construction or replacement of rock riprap, retaining walls, and other
erosion control structures within the Bluff Impact Zone and the water
quality impact zone are allowed with a permit consistent with the
provisions of [Section 12-3-10.17] provided that:
a. If the project includes work at or below the OHWL, the
Commissioner must approve or permit the project.
b. The structures are used only to correct an established erosion
problem as determined by the City.
c. The size and extent of the structures are the minimum necessary
to correct the erosion problem and are not larger than the
following, unless a professional engineer determines that a larger
structure is needed to correct the erosion problem:
i. Retaining walls must not exceed 5-feet in height and must be
placed a minimum horizontal distance of 10-feet apart; and
ii. Riprap must not exceed the height of the regulatory flood
protection elevation.
3. Repair of existing rock riprap, retaining walls, and other erosion control
structures above the OHWL does not require a permit provided it does not
involve any land alteration.
D. Stormwater Management.
1. In the Bluff Impact Zone, stormwater management facilities are prohibited,
except by permit if:
a. There are no alternatives for stormwater treatment outside the
Bluff Impact Zone on the subject site;
b. The site generating runoff is designed so that the amount of
runoff reaching the Bluff Impact Zone is reduced to the greatest
extent practicable;
c. The construction and operation of the facility does not affect
slope stability on the subject property or adjacent properties; and
d. Mitigation based on the best available engineering and geological
practices is required and applied to eliminate or minimize the risk
of slope failure.
2. In the Water Quality Impact Zone, development that creates new
impervious surface, as allowed by exemption in [Section 12-6A-15], or
fully reconstructs existing impervious surface of more than 10,000 square
feet requires a Stormwater Permit. Multipurpose trails and sidewalks are
exempt if there is down -gradient vegetation or a filter strip that is at least 5-
feet wide.
3. In all other areas, stormwater runoff must be directed away from the Bluff
Impact Zones or unstable areas.
E. Development on Steep Slopes. Construction of structures, impervious surfaces, land
alteration, vegetation removal, or other construction activities may be allowed on steep
slopes, except for those areas in the Bluff Impact Zone, and only if:
1. The Applicant can demonstrate that the proposed development can be
accomplished without increasing erosion or stormwater runoff,
2. The soil types and geology are suitable for the proposed development; and
3. Vegetation is managed according to the requirements of [Section 12-6A-9].
F. Conditions of Land Alteration Permit Approval. No permit for land alteration shall be
approved unless:
1. Temporary and permanent erosion and sediment control measures to retain
sediment onsite are consistent with the best management practices in the
Minnesota Stormwater Manual, as it may be amended or revised from time
to time;
2. Natural site topography, and soil and vegetation conditions are used to
control runoff and reduce erosion and sedimentation;
3. Construction activity is phased when possible;
4. All erosion and sediment controls are installed before starting any land
disturbance activity;
5. Erosion and sediment controls are maintained to ensure effective operation;
6. The proposed work is consistent with the vegetation standards in Section
[12-6A-9]; and
7. Best management practices are used for protecting and enhancing
ecological and water resources as identified in Best Practices for Meeting
DNR General Public Waters Work Permit GP 2004-0001, as it maybe
amended or revised from time to time.
G. Compliance
with
Other
Plans and
Programs.
All development
must:
1.
Be
consistent with Minnesota
Statutes, Chapter
103B, and local water
management plans completed under Minnesota Statutes, Chapter 8410;
2. Meet or exceed the wetland protection standards under Minnesota Rules,
Chapter 8420; and
Meet or exceed the floodplain management standards under Minnesota
Rules, Sections 6120. 5000 - 6120.6200,
12-6A-11 Subdivision and Land Development Standards
A. Purpose.
1. To protect and enhance the natural and scenic values of the MRCCA
during development or redevelopment of the remaining large sites within
the corridor;
2. To establish standards for protecting and restoring biological and
ecological functions of primary conservation areas on large sites; and
3. To encourage restoration of native vegetation during development or
redevelopment of large sites where restoration opportunities have been
identified in MRCCA Plans,
B. Applicability.
1. The design standards in this Section apply to subdivisions, planned unit
developments, and master -planned development and redevelopment of land
involving ten (10) or more acres for contiguous parcels that abut the
Mississippi River and 20 or more acres for all other parcels, including
smaller individual sites within the following developments that are part of a
common plan of development that may be constructed at different times:
a. Subdivisions;
b. Planned Unit Developments; and
c. Master -planned development and redevelopment of land.
2. The following activities are exempt from the requirements of this Section:
a. Minor subdivisions consisting of two (2) or fewer lots;
b. Minor boundary line corrections;
c. Resolutions of encroachments;
d. Additions to existing lots of record;
e. Placement of essential services; and
£ Activities involving river -dependent commercial and industrial
uses.
3. Application materials. Project information listed in [Section 12-6A-12]
must be submitted for all proposed developments.
4. Design standards.
a. Primary conservation areas, where they exist, must be set aside
and designated as protected open space in quantities meeting the
following as a percentage of total parcel area:
i. ROS District: 50 percent
ii. RN District: 20 percent: and
iii. SR District: Ten percent if the parcel includes native plant
communities or provides feasible connections to a regional park or
trail system, otherwise no requirement.
b. If the primary conservation areas exceed the amounts specified in
[Section 12-6A-11.BA(a)], then protection of native plant
communities and natural vegetation in riparian areas shall be
prioritized.
c. If primary conservation areas exist but do not have natural
vegetation (identified as restoration priorities in the MRCCA
Plan), then a vegetation assessment must be completed to evaluate
the unvegetated primary conservation areas and determine
whether vegetation restoration is needed. If restoration is needed,
vegetation must be restored according to [Section 12-6A-9.F].
d. If primary conservation areas do not exist on the parcel and
portions of the parcel have been identified in the MRCCA Plan as
a restoration area, vegetation must be restored in the identified
areas according to [Section 12-6A-9.F], and the area must be set
aside and designated as protected open space.
e. Stormwater treatment areas or other green infrastructure may be
used to meet the protected open space requirements if the
vegetation provides biological and ecological functions.
£ Transfer of development rights or the dedication of steep slopes,
drainageways and wetlands as allowed under [Section 11-1-5], or
the dedication of land for public uses, including (but not limited
to) public river access, parks, other open spaces or public
facilities, and as allowed under [Section 11-5-1] of the Mendota
Heights City Code, may be counted toward the protected open
space requirement.
g. Protected open space areas must connect open space, natural
areas, and recreational areas, where present on adjacent parcels,
as much as possible to form an interconnected network.
S. Permanent protection of designated open space.
a. Designated open space areas must be protected through one or
more of the following methods:
i. Public acquisition by a government entity for conservation
purposes;
ii. A permanent conservation easement, as provided in Minnesota
Statutes, Chapter 84C;
iii. A deed restriction; or
iv. Other arrangements that achieve an equivalent degree of
protection.
b. Permanent protection methods must ensure the long-term
management of vegetation to meet its biological and ecological
functions, prohibit structures, and prohibit land alteration, except
as needed to provide public recreational facilities and access to
the river.
6. Alternative design standards. The City will consider the following
alternative design option to increase the permanent protection of Primary
Conservation Areas (PCAs) in subdivisions and other new developments in
the MRCCA District and encourage restoration of native vegetation
communities:
a. The City will grant density bonuses to increase the permanent
protection of PCAs and/or native plant communities up to 20
percent of the parcel area in the RN and SR Districts, provided
the protection and restoration of the entire development site is
consistent with the requirements of this Section;
b. The City may approve density bonuses for a subdivision when the
proposed subdivision meets the objectives and requirements of
this Chapter to protect and preserve bluffs, steep slopes, native
vegetation, natural resources, views of the bluffs area, and open
space; and
c. The City shall determine the amount and location of the density
bonus permitted for each subdivision based on site conditions,
zoning district regulations, and potential impacts to the site and
surrounding areas.
d. Alterative design standards may be considered through a planned
unit development or cluster development. Individual lots in a
planned unit development or cluster development may not be
required to meet the design standards of this Section if it can be
demonstrated that the overall development is compliant with the
standards and purpose of this Section.
12-6A-12 Site Plan Requirements
A. Site Plan Required. No building permit, zoning approval, or subdivision approval
shall be issued for any action or development located in an area covered by this
Chapter until a Site Plan has been prepared and approved in accordance with the
provisions of this Chapter.
B. Site Plan Application. An official Critical Area Permit Application with a
completed Site Plan shall be filed with the Zoning Administrator containing
evidence adequate to show that the proposed use will conform with the standards
set forth in this Chapter. Three (3) full sets of plans (either 22" x 34" or 24" x 36"
sized sheets), three (3) tabloid sized (11" x 17") plan sets, plus an electronic file
(PDF preferred) of the full application materials shall be submitted to the Zoning
Administrator. No permit application shall be reviewed until it is complete.
C. Site Plan Contents. A fully detailed Survey or Site Plan drawn to scale appropriate
to the size of the project and suitable for the review to be performed, shall contain
the following information:
1. A detailed description or narrative prepared by the owner(s) or
developer(s)
of the proposed project or development.
2. A complete and legible legal description, address and location of the
property, with the name and address of the legal registered owner(s) and
developer(s)
of the property.
3. A detailed plan identifying the subject property, adjoining lands, roads,
railroads, existing subdivisions, any primary conservation areas (PCA);
public river corridor views, ordinary high-water level (OHWL) of any
adjacent or affected wetlands features, bluff -lines, and all required
setbacks.
4. Existing topography as indicated on a contour map having a contour
interval no greater than 2-feet per contour. The contour map shall also
clearly delineate any bluff line, Bluff Impact Zone, all streams, including
intermittent streams and swales, rivers, water bodies, any identifiable
underground springs, and wetlands located on the site.
5. A plan delineating the existing drainage of the water setting forth in which
direction the volume, and at what rate the stormwater is conveyed from the
site. The plan must also include those areas on the site where stormwater
collects and is gradually percolated into the ground or slowly released to a
stream or lake.
6. A description of the soils on the site, including a map indicating all soil
types by area to be disturbed. The description shall also include a soil
report containing detailed information on the suitability of the soils for the
type of development proposed as well as for the type of sewage disposal
proposed. The plan must also describe any remedial steps to be taken by
the developer to render the soils suitable. All areas proposed for grading
shall be identified by soil type, both as to soil type of existing topsoil and
soil type of the new contour. The location and extent of any erosion areas
shall be included in the soils description.
7. A description of any features, buildings, or areas which are of historic
significance.
8. A plan indicating the proposed finished grades of the project development
site illustrating contours at the same intervals proposed above or in more
detail if required to clearly indicate the relationship of proposed changes to
existing topography and remaining features.
9. A landscape plan drawn to an appropriate scale, including dimensions,
distance, location, type, size, and description of all existing and significant
vegetation, clearly locating and describing any vegetation proposed for
removal and all proposed landscape materials which will be added to the
site as part of the development. All new landscaping must include native
varieties of deciduous, coniferous, and ornamental trees and shrubs, along
with new pollinator friendly plants and vegetation, and no invasive species.
10. A proposed drainage plan of the developed site delineating in which
direction, volume, and at what rate stormwater will be conveyed from the
site and setting forth the areas of the site where stormwater will be allowed
to collect and gradually percolate into the soil, or be slowly released to a
stream or lake. The plan shall also set forth the hydraulic capacity of all
structures to be constructed or exiting structures to be utilized, including
volume or holding ponds.
11. An erosion and sedimentation control plan indicating the type, location,
and necessary technical information on control measures to be taken both
during and after construction, including the calculated anticipated gross
soil loss expressed in tons/acres/year both during and after construction.
12. The proposed size, placement, alignment, height, and intended use of any
structures, including retaining walls, to be erected or located on the site.
13. A clear delineation of all areas which will be paved or surfaced including a
description of the surfacing material to be used.
14. A description of the method to be provided for vehicular and pedestrian
access to the proposed development and public access to the river and/or
public river view opportunities both before and after development. The
description must also include the development's impact on existing views
of and along the river.
15. A description of all parking facilities to be provided as part of the
development, including an analysis of parking needs generated by the
proposed development.
16.
A
clear
delineation
of the
area or areas
to be dedicated for public
use.
17.
A
clear
delineation
of the
location and
amount of excavated soils
to be
stored on the site during construction.
18. Any other information pertinent to Lite project, which in the opinion of City
Staff and/or the Applicant, is necessary or helpful for the review of the
projectI
D. Minor Development. A minor development and/or minor change involving a
single-family dwelling, may be approved by the City Council without a Public
Hearing if the project plans conform to the general standards of this Chapter. The
City Administrator shall bring the request to the attention of the City Council at
its next regular meeting following receipt of an administrative Critical Area
Permit Application.
Eligible projects include, but are not limited to, minor building additions, decks,
fences, driveways, walkways, stairs, open patios or outdoor sitting areas,
accessory storage sheds, gazebos, chicken coops, retaining walls 2-feet or less in
height, landscaping materials and gardens, and similar structures. Proposed
projects and sites must comply with the following conditions:
1. No part of the project shall impact any area with slopes greater than 18
percent.
2. No part of the project shall impact, disturb or be situated in a bluffline
setback area as defined by this Chapter, whether on the same parcel or on
an abutting parcel of land,
3. The proposed project shall not expand the enclosed area of the principal or
accessory structures by more than 200 square feet.
4. The proposed project shall not increase or exceed the height of any existing
structure.
5. The proposed project shall be in compliance with all other requirements of
this Chapter, and any other applicable regulations.
6. The proposed project shall not result in significant changes to the existing
finished grade.
7. The proposed project areas shall include native vegetation.
12-6A-13 Official Review Process
Proposed developments or activities within the MRCCA shall be subject to the following review
procedure:
A. Referral to Planning Commission. Except as otherwise provided in [Subsection 12-513-413
(Minor Developments)] of this Chapter, the Zoning Administrator shall refer all Critical
Area Permits and Site Plans to the Planning Commission.
B. Planning Commission Notice and Hearing on Application and Site Plan. The Planning
Commission shall hold a Public Hearing affording an opportunity for all parties interested
to be heard. The City shall give not less than ten (10) nor more than 30 days' notice of the
time and place of the hearing. Notice of the hearing shall be published in the designated
legal newspaper for the City, and shall contain a description of the land and the proposed
use. At least ten (10) days before the hearing, the City shall mail a notice to the owner(s)
of the property in question and to each of the property owners within 350-feet of the
outside boundaries of the land described in the Site Plan. Failure of the City to mail such
notice or failure of the property owners to receive said notice shall not invalidate the
proceedings.
Within 60 days after the date the City receives a complete application ,and unless the
statutory review period as provided for under Minnesota Statute § 15.99 is extended or
waived by the Applicant or the City as permitted by law, the Planning Commission shall
conduct a hearing and forward a written report to the City Council stating its findings and
recommendation.
C. City Council Consideration on Application and Site Plan. Within 30 days after the receipt
of the written report and recommendation of the Planning Commission, the City Council
shall meet and give full consideration to the application, Site Plan, written report, and
recommendation, without a Public Hearing.
If the Planning Commission fails to make a written report or recommendation to the City
Council within 60 days after the acceptance of the application and Site Plan, and unless
the statutory review period has been expressly waived by the Applicant as allowed under
Minnesota Statute § 15.99, the City shall set an additional Public Hearing before the City
Council. The hearing must be held within 30 days after the expiration of the 60 day
period. Failure to receive a written report and recommendation from the Planning
Commission shall not invalidate the proceedings or action of the City Council.
The City shall give not less than ten (10) nor more than 30 days mailed notice of the time
and place of a hearing to the owners) of the property in question and to each of the
property owners within 350-feet of the outside boundaries of the land described in the
Site Plan. Failure of the property owners to receive the notice shall not invalidate the
proceedings.
After its consideration of an application and Site Plan, either with or without a Public
Hearing, the City Council may take final action upon the application and Site Plan or may
continue the hearing for further investigation and study. The City Council may also
request further information from the Applicant or from the Planning Commission.
D. Amendments. Any proposed amendment to this Chapter may be referred to the Planning
Commission for its consideration and recommendations.
12-6A-14 Notitieation to Resource gene es
A. Amendments to this Chapter and to the MRCCA Plan must be submitted to the
Commissioner as provided in Minnesota Rule, Part 6106.0070, Subp. 3, items B-I, and
via email to the appropriate DNR Area Hydrologist.
B. Notice of Public Hearings for discretionary actions, including Critical Area Permits,
Conditional and Interim Use Permits, variances, appeals, rezonings, preliminary plats,
final subdivision plats, master plans, and PUDs, must be sent to the following entities at
least 20 days prior to the hearing:
1. The Commissioner in a format prescribed by the DNR;
2. National Park Service; and
3. Where proposed building heights exceed the height limits specified in
[Section 12-6A-6] as part of the conditional use or variance process, to the
adjoining local governments within the MRCCA, including those with
overlapping jurisdiction and those across the river.
C. Notice of final decisions for actions in [Section 12-6A-13], including findings of fact,
must be sent to the Commissioner, the National Park Service, and adjoining local
governments within the MRCCA within (10) days of the final decision.
D. Requests to amend district boundaries must follow Minnesota Rule part 6106.0100, Subp,
9, Item C.
E. The DNR must be notified of master plans, PUDs, preliminary and final plats at the time
of application submittal.
12-6A-15 Exemptions
A. Purpose. To provide exemptions to structure placement, height and other standards for
specific river or water access dependent facilities as provided in Minnesota Statutes,
Section 116G.15 Subd. 4.
B. Applicability.
1. Uses and activities not specifically exempted in this Section must comply
with this Chapter. Uses and activities exempted under Shore Impact Zone
and Bluff Impact Zone must comply with the vegetation management and
land alteration standards in [Sections 12-6A-9 and 12-6A-10].
2. Uses and activities in [Section 12-6A-15.B.3] are categorized as:
a. E - Exempt means that the use or activity is allowed;
b. (E) - Exempt if no alternative means that the use or activity is
allowed only if no alternatives exist; and
c. N - Not exempt means that a use or activity is not exempt and
must meet the standards of this Chapter
d. N/a - not applicable.
3. Use and activity exemptions classification.
a. General uses and activities.
Table 12-6A-1 S.1 General Uses and Activities
Industrial and utility structures requiring
Structure design and
greater height for operational reasons
N
E
N
N
placement must minimize
(such as elevators, refineries and
interference with public river
railroad signaling towers)
corridor views.
Barns, silos, and farm structures
N
E
N
N
Bridges and bridge approach roadways
E
E
E
(E)
[Section 12-6A-81
Wireless communication towers
E
E
N
N
[Section 12-6A-5.B.61
Chimneys, church spires, flag poles,
public monuments, and mechanical
N
E
N
N
stacks and equipment
Historic properties and contributing
E
E
E
E
Exemptions do not apply to
properties in historic districts
additions or site alterations
b. Public utilities.
Table 12-6A-15.2 Public Utilities
Electrical power facilities
E
E
E
(E)
[Section
12-6A-81
Essential services (other than
E
E
E
(E)
[Section
12-6A-81
stormwater facilities)
_
Stormwater facilities
E
N
E
(E)
[Section
12-6A-101
Wastewater facilities
E
N
E
N
[Section
12-6A-8]
Public transportation facilities
E
N
(E)
(E)
[Section
12-6A-8]
c. Public recreational facilities.
Table 12-6A-15.3 Public Recreational Facilities
Accessory structures, such as
[Section 12-6A-8], within BIZ, only
monuments, flagpoles, light
E
E
(E)
(E)
on slopes averaging less than
standards, and similar park
30%. Exemptions do not apply to
features
principal structures,
Picnic shelters and other open -
E
N
(E)
N
[Section 12-6A-8]
sided structures
[Section 12-6A-8; within BIZ, only
Parking lots
(E)
N
(E)
(E)
within 20-feet of toe of bluff; not
on face of bluff; and must not
affect stability of bluff
Roads and driveways
(E)
N
(E)
(E)
[Section 12-6A-81
Natural -surfaced trails, access
E
N
E
E
[Section 12-6A-8]
paths, and viewing platforms
Hard -surfaced trails and viewing
[Section 12-6A-8; within BIZ, only
platforms
E
N
E
(E)
on slopes averaging less than
30%
Water access ramps
E
N
E
(E)
[Section 12-6A-8]
Public signs and kiosks for
interpretive or directional
E
N
E
(E)
[Section 12-6A-8]
purposes
d. River -dependent uses.
Tnble 12-6A-15.4 Rwer-Dependent Uses
a. River -dependent commercial, industrial and utility
structures are exempt from height limits only if greater
height is required for operational reasons.
e. Private residential and commercial access and use facilities.
Table I2-6A45.5 Private Residential and Commercial Access and Use Facilities
[Section 12-6A-71; in BIZ, only on
slopes averaging less than 30 % .
Private roads serving 3 or
(E)
N
N
(E)
Exemption does not apply to
more lots
private roads serving fewer than 3
lots or to private driveways and
parking areas
Access paths
E
N
E
E
[Section 12-6A -7]
Water access ramps
E
N
E
N
[Section 12-6A -7]
Stairways, lifts and landings
E
N
E
E
[Section 12-6A -71
Water -oriented accessory
E
N
E
N
[Section 12-6A 3-71
structures
Patios and decks
E
N
N
N
[Section 12-6A-7.El
Temporary storage of docks,
boats, and other equipment
E
N
E
N
during the winter months
Erosion control structures,
[Sections 12-6A -10.C, 12-6A -
such as rock riprap and
E
N
E
(E)
10.E, and 12-3-10.Fj
retaining walls
Flood control structures
E
N
E
(E)
[Section 12-6A-101
CHAPTER 7: PROPERTY MAINTENANCE
ARTICLE A. RESIDENTIAL PROPERTY MAINTENANCE
12-7A4 Findings and Purpose Statement
A. The city council fmds that it is in the best interest of the city to protect the public health, safety,
and general welfare of its citizens. To this end, the city believes that by adoption of these
residential property maintenance regulations, it will further the following objectives:
1. To preserve the value of residential property within the city;
2. To protect the character and stability of neighborhoods within the city;
3. To provide for minimum standards of maintenance for residential property within the city and
ensure compliance;
4. To cause correction to conditions on residential property that do not comply with the
standards of maintenance established herein.
5. Assist in identification and correction of dangerous or life threatening conditions that may be
identified within the city.
6. Provide a mechanism to mitigate potential public health issues identified within the city.
(Ord. 401, 7-19-2005)
12-7A-2 Building Structure Appearance and Maintenance Requirements
A. Any building or structure, including an accessory structure, is a public nuisance if its exterior does
not comply with the following requirements:
l . All exterior property shall be maintained in a clean, safe, and sanitary condition. The
occupant shall keep that part of the exterior property, which such occupant occupies, or
controls in a clean and sanitary condition.
2. All dwellings, garages and other residential accessory buildings shall have complete siding.
No part of any exterior surface shall have significant deterioration including, but not limited
to, holes, breaks, gaps, or loose or rotting siding. All exterior surfaces of the structure
including, but not limited to, doors, door and window frames, cornices, porches and trim,
shall be maintained in a good and safe condition. Exterior wood surfaces on the structures,
other than decay resistant woods, stucco or other materials that do not normally require
protection from the elements shall be protected from the elements and decay by staining,
painting or other protective covering or treatment or other appropriate method acceptable to
the city. (Ord. 401, 7-19-2005)
12-7A-3 Exterior Property Public Health and Safety
Requirements
A. Any building
or structure in the city that is found by an
authorized employee or agent of the
city to
be dangerous
to public safety or health by reason of the
following is hereby declared to be a
public
nuisance and a hazardous structure or condition:
1. Damaged by fire, storm, or vandalism;
2. Defective chimneys or stovepipes;
3. Dilapidated condition or decay; or
4. Any other defect endangering the public safety or health.
B. Any structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent
infested, presents environmental health risks or which lacks provisions for safe illumination,
ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety,
or welfare of the occupants or of the public, may be declared unfit for human habitation or unsafe
to the public by the city.
C. Whenever any building has been declared unfit for human habitation or unsafe to the public, the
city may proceed to declare the building a hazardous building or hazardous property and may seek
to correct or remove the hazardous condition as authorized by Minnesota law. (Ord. 401, 7-19-
2005)
12-7A4 Firewood Storage
A. The term "firewood" shall mean split wood or unsplit wood logs cut into lengths not exceeding
three feet (3') for the purpose of burning in a fireplace or as a recreational fire on the property.
B. Firewood shall be kept or stored outdoors in accordance with the following requirements:
1. Firewood shall be stored or kept in a neat and secure stack (maximum of 2 cords, defined as
128 cubic feet per cord), which shall be no higher than five feet (5').
2. Unless screened by a fence or wall, stacks shall be no closer than five feet (5') to the property
line.
3. The firewood stacks shall not be allowed to become infested with rats, rodents, or vermin.
4. Fallen, uncut trees shall be removed or cut up into firewood as soon as it is practicable, not to
exceed ninety (90) days. The city council may extend this period, upon written request by the
property owner, for an additional ninety (90) days. This requirement may be waived by the
code enforcement officer where it is determined that due to natural environmental conditions,
the trees do not present a hazard or nuisance. (Ord. 401, 7-19-2005)
12-7A-5 Other Outdoor Storage
A. Except provided for herein or as specifically allowed within the specific zoning districts
established by this title, all materials and equipment shall be stored within a structure.
B. Exceptions:
1. Clothesline poles and lines, play equipment, garden equipment, patio furniture, and
trampolines.
2. Not more than four (4) currently licensed and operable vehicles, including trailers, may be
parked or stored on property outside a structure on single-family residential lots. All such
parking and/or storage shall be allowed as follows:
a. In the front yard, provided they are kept on an established driveway, entirely on the
vehicle owner's property. Except as provided herein, recreational vehicles may not be
parked or stored on public property or street right of way.
b. In the rear yard not closer than ten feet (10') from the rear lot line, five feet (5') from the
side lot lines, and not within drainage and utility easements.
c. On a corner lot or through lot, not closer than twenty feet (20') from the property line
abutting the street side of the lot and not within drainage and utility easements. Where
such parking and/or storage is to be located within side or rear yards of corner or through
lots, such side or rear yard shall be screened with landscaping and/or fencing from the
public street.
d. All vehicles must be parked on concrete or bituminous pavement.
3. Construction and landscaping material, which shall be consumed or used on the property
within the next thirty (30) days and kept in a neat, workmanlike fashion.
4. Off street parking of motor vehicles as specified in the respective zoning districts.
5. Temporary storage pods used to temporarily store items during house remodeling shall be
kept on the driveway for a period not to exceed ninety (90) days except by CUP application
for major remodeling.
6. No pallets shall be stored on the property seven (7) days after they are no longer used. (Ord.
401, 7-19-2005)
12-7A-6 Accumulations and Hazardous Material
A. Accumulations: Rubbish, garbage, or other hazardous and dangerous materials shall not be stored
or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means
of egress.
B. Hazardous Material: Hazardous substances, refuse, pollutants and contaminants, as those terms are
defined by federal, state, and local laws, shall not be accumulated or stored unless storage
complies with the applicable requirements of all laws, rules and ordinances pertaining to the
activity, including, but not limited to, the city's building code and the city's fire prevention code.
(Ord. 401, 7-19-2005)
12-7A-7 Rubbish and Garbage
A. Accumulation Of Rubbish And Garbage: All exterior property, and the interior of every structure,
shall be free from any unreasonable accumulation of rubbish and garbage causing a nuisance.
B. Disposal Of Rubbish: Every occupant of a structure shall reasonably store and dispose of all
rubbish and garbage in a clean and sanitary manner in accordance with all laws.
1. Screening: Garbage and recycling containers shall be either: a) stored inside a dwelling or
other residential accessory structures not visible from the public street or adjoining neighbors;
or b) stored outside fully screened by landscaping or fencing materials keeping the garbage
and recycling containers from being visible from the public street or adjoining neighbors.
C. Curbside Collection: Appliances, furniture and similar items shall not be left outside for collection
and disposal for more than seventy two (72) hours. Appliances not awaiting collection and
disposal shall not be placed outside.
D. Garbage Cans: Garbage cans may be put out for collection the night before and must be retrieved
the next evening. (Ord. 401, 7-19-2005)
12-7A-8 Storm Drainage
A. General: Storm water runoff and drainage of roofs and other hard surfaced areas, yards, courts,
and other open areas on the property shall not be allowed to occur in a manner that creates a public
nuisance. (Ord. 401, 7-19-2005)
12-7A-9 Temporary Goat Grazing
A. The temporary and periodic use of a limited number of goats for invasive and noxious vegetation
control on residential properties is permitted subject to the review and approval of a Prescribed
Goat Grazing Permit, as per City Code Title 5-3-11. (Ord. 566, 7-6-2021)
12-7A40 Abatement and Enforcement Procedures
A. Enforcement Officials: The city council shall enforce the provisions of this chapter and may by
resolution delegate to various officers or agencies power to enforce particular provisions of this
chapter, including the power to inspect private property.
B. Notice To Abate: Whenever, in the judgment of city council or the officer charged with
enforcement of this chapter, it is determined that a violation hereof is being maintained or exists
within the city, such officer shall notify in writing the person committing or maintaining such
violation and the owner of the property and require them to remedy such violation and to remove
such conditions or remedy such defects. Such written notice shall be delivered to the person
committing or maintaining violation and the owner of the property or may be delivered by mail. If
the property is not occupied and the address of the owner is unknown, service on the owner may
be accomplished in the manner specified for service in rule 4 in the Minnesota rules of civil
procedure, except in the case of an emergency and then in such case, service shall be
accomplished after posting such notice for twenty four (24) hours. Such notice shall require the
owner or occupant of the property, or both, to take corrective steps within a time as defined by the
officer charged with enforcement to remedy such violations, such steps and time to be designated
in the notice, but the maximum time to remedy a violation after service of such notice shall not
exceed one hundred twenty (120) days. In the case of severe financial or physical hardship, the
council may grant an extension to the time limit. Said violation shall be corrected "immediately"
in the case of imminent danger to the public health, safety, or welfare. Service of notice may be
proven by filing an affidavit of service in the office of the city clerk setting forth the manner and
time thereof.
C. Report Of Failure To Abate: When notice so given is not complied with, such noncompliance
shall be reported forthwith to the city for such action as may be necessary and deemed advisable to
abate and enjoin further continuation of such nuisance, including referring the matter to the city's
prosecuting attorney to pursue a judicial remedy on behalf of the city. A violation of this chapter
shall be subject to a penalty as provided in section 1-4-1 of this code.
D. Abatement By City: In the event the city chooses to abate said violation, the city shall adopt a
resolution setting forth the specific details of the corrective matters to be taken. A copy of the
resolution shall be sent to the property owner by certified mail and if the violation is not abated
within ten (10) days of the mailing of said resolution, the city shall take all actions necessary to
abate said violation, keeping accurate records of the cost of the same.
E. Costs To Owner: The finance director shall prepare a bill and mail it to the owner of the property
for the costs incurred by the city, including, but not limited to, administrative costs, attorney fees
and costs and the costs of any outside contractor engaged by the city to correct such violation, and
thereupon the amount shall be immediately due and payable to the city (the "bill").
F. Costs A Special Tax: If the bill is not paid to the city within twenty (20) days after the mailing of
the bill, the city clerk shall extend the costs of abating the violation as a special tax against the
property upon which the violation was located, and such special tax shall, at the time of certifying
taxes to the county auditor, be certified for collection as other special taxes are certified and
collected. The city council may specify an additional penalty for such special tax collections. (Ord.
401, 7-19-2005; amd. Ord. 566, 7-6-2021)
ARTICLE B. COMMERCIAL/INDUSTRIAL PROPERTY MAINTENANCE
12-7B4 Findings and Purpose Statement
A. The city council fords that it is in the best interest of the city to protect the public health, safety,
and general welfare of its citizens. To this end, the city believes that by adoption of these
commercial/industrial property maintenance regulations, it will further the following objectives:
1. To preserve the value of commercial and industrial property within the city;
2. To protect the character and stability of commercial and industrial areas of the city;
3. To provide for minimum standards of maintenance for commercial/industrial properties
within the city and ensure compliance;
4. Provide a mechanism to place conditions upon those commercial/industrial properties which
do not comply with the standards of maintenance established herein;
5. Assist in correction of dangerous or life threatening conditions that may be identified within
the city;
6. Provide a mechanism to mitigate potential public health issues identified within the city.
(Ord. 444, 11-20-2012)
12-7B-2 Building and Structure Appearance and Safety Requirements
A. Building Material Condition: Any building or structure, including retaining walls, is a public
nuisance if its exterior does not comply with the following requirements:
1. All exterior property shall be maintained in a clean, safe, and sanitary condition.
2. No part of any exterior building surface shall have significant deterioration including, but not
limited to, holes, breaks, gaps, or loose or rotting materials. All exterior surfaces of the
structure including, but not limited to, doors, door and window frames, cornices, porches and
trim, shall be maintained in a good and safe condition. Exterior wood surfaces on the
structures, other than decay resistant woods, stucco or other materials that do not normally
require protection from the elements shall be protected from the elements and decay by
staining, painting or other protective covering or treatment or other appropriate method
acceptable to the city. With regard to broken windows, repair shall require replacement of all
broken glass.
B. Premises Identification: All buildings shall have address numbers placed in a position to be plainly
legible and visible from the street or road fronting the property. These numbers shall contrast with
their background. Address numbers shall be arabic numerals. Numbers shall be a minimum of four
inches (4") in height or larger as necessary to ensure visibility.
C. Architectural Elements: All architectural elements including, but not limited to, cornices, belt
courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition. (Ord. 444, 11-20-2012)
12-7B-3 Maintenance Requirements for Vacant Buildings
A. Maintenance:
Any vacant building or structure in the city that is found by an authorized employee or agent
of the ciTy to be dangerous to public safety or health by reason of the following is hereby
declared to be a public nuisance and a hazardous structure or condition:
a. Damaged by fire, storm or vandalism
b. Defective chimneys or stovepipes
c. Dilapidated condition or decay, or
d. Any other defect endangering the public safety or health.
2. Any vacant structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or
rodent infested, presents environmental health risks or which lacks provisions for safe
illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to
the health, safety, or welfare of the public, may be declared unfit for human habitation or
unsafe to the public by the city.
Whenever any vacant building has been declared unfit for human habitation or unsafe to the
public, the city may proceed to declare the building a hazardous building or hazardous
property and may seek to correct or remove the hazardous condition as authorized by
Minnesota law.
B. Security
Measures: Vacant
buildings violating the terms
of subsection A of this section shall be
secured
in accordance with
Minnesota state statutes 463.251
and applicable building code
requirements.
1. Windows and doors shall be covered to prevent entry within a frame, and with covering
materials that are designed to complement or match those of the existing building.
2. Any part of the building, such as walls or roof, which is damaged in such a way as to allow
possible entry, shall be repaired with materials that match the materials used for that part
elsewhere on the building, and in a manner which masks the visible impression of vacancy.
(Ord. 444, 11-20-2012)
12-7B-4 Landscaping and Grounds Maintenance
A. Vegetation Trimming And Replacement (Trees And Shrubs): The owner and any respective
agents responsible by contract or law for property maintenance shall be jointly and severally
responsible for the planting, trimming and maintenance of all site trees and shrubs in a condition
presenting a healthy, neat and orderly appearance which is free from refuse and debris.
B. Fencing: Any fence is a public nuisance if it does not comply with the following requirements:
1. The fence shall be firmly fastened and anchored in order that it is not leaning or otherwise in
any stage of collapse.
2. The fence shall be maintained in sound and good repair and free from deterioration, loose or
rotting pieces, or holes, breaks, or gaps not otherwise intended in the original design of the
fence. The fence shall be free from any defects or condition which makes the fence
hazardous.
3. All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected
from the elements by paint or other protective surface covering or treatment, which shall be
maintained in good repair to provide the intended protection from the elements.
4. No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish,
including, but not limited to: paint or other protective covering or treatment, on more than
twenty percent (20%) of any one linear ten foot (10') section of the fence. (Ord. 444, 11-20-
2012)
12-7B-5 Signs and Lighting
A. Signage: All signs shall be maintained in a safe, presentable and good structural condition at all
times. Maintenance shall include painting, repainting, cleaning, replacement or repair of defective
parts, replacement of missing letters and other necessary acts. Any sign which the city finds is in a
dangerous or defective condition shall be removed or repaired by the owner of the sign or the
owner of the premises on which the sign is located.
B. Exterior Lighting: All light fixtures shall be maintained in good repair. Lights for illuminating
parking areas, loading areas or yards for safety and security purposes shall be maintained in such a
manner that the maximum illumination levels established within the city's zoning regulations are
not exceeded. (Ord. 444, 11-20-2012)
12-7B-6 Rubbish, Garbage, and Trash
A. Accumulation And/Or Storage Of Rubbish And Garbage. All exterior property areas shall be free
from any unreasonable accumulation of rubbish and garbage.
B. Disposal Of Rubbish: Every occupant of a structure shall reasonably store and dispose of all
rubbish and garbage in a clean and sanitary manner in accordance with all laws, including, but not
limited to, title 4, chapter 2 of this code.
C. Screening: Garbage and recycling containers shall be either: 1) stored inside a building such that
they are not visible from adjacent public streets or adjoining properties; or 2) stored outside but
fully screened from view of adjacent public streets or adjoining properties by landscaping or
fencing materials.
D. Collection: Discarded materials and equipment shall not be left outside for collection and disposal
for more than seventy-two (72) hours. Materials and equipment not awaiting collection and
disposal shall not be placed outside. (Ord. 444, 11-20-2012)
12-7B-7 Temporary Goat Grazing
A. The temporary and periodic use of a limited number of goats for invasive and noxious vegetation
control on commercial or industrial properties is permitted subject to the review and approval of a
Prescribed Goat Grazing Permit, as per City Code Title 5-3-11. (Ord. 566, 7-6-2021)
12-iB-8 Abatement and Enforcement Procedures
A. Enforcement Officials: The city council shall enforce the provisions of this chapter and may by
resolution delegate to various officers or agencies power to enforce particular provisions of this
chapter, including the power to inspect private property.
B. Notice To Abate: Whenever, in the judgment of city council or the officer charged with
enforcement of this chapter, it is determined that a violation hereof is being caused or exists within
the city, such officer shall notify in writing the person committing or maintaining such violation
and the owner of the property and require them to remedy such violation and to remove such
conditions or remedy such defects. Such written notice shall be delivered to the person committing
or maintaining violation and the owner of the property or may be delivered by mail. If the property
is not occupied and the address of the owner is unknown, service on the owner may be
accomplished in the manner specified for service in rule 4 in the Minnesota rules of civil
procedure, except in the case of an emergency and then in such case, service shall be
accomplished after posting such notice for twenty-four (24) hours. Such notice shall require the
owner or occupant of the property, or both, to take corrective steps within a time as defined by the
officer charged with enforcement to remedy such violations, such steps and time to be designated
in the notice, but the maximum time to remedy a violation after service of such notice shall not
exceed one hundred twenty (120) days. In the case of severe financial or physical hardship, the
council may grant an extension to the time limit. Said violation shall be corrected "immediately"
in the case of imminent danger to the public health, safety, or welfare. Service of notice may be
proven by filing an affidavit of service in the office of the city clerk setting forth the manner and
time thereof.
C. Report Of Failure To Abate: When notice so given is not complied with, such noncompliance
shall be reported forthwith to the city for such action as may be necessary and deemed advisable to
abate and enjoin further continuation of such nuisance, including referring the matter to the city's
prosecuting attorney to pursue a judicial remedy on behalf of the city. A violation of this chapter
shall be subject to a penalty as provided in section 1-4-1 of this code.
D. Abatement By City: In the event the city chooses to abate said violation, the city shall adopt a
resolution setting forth the specific details of the corrective matters to be taken. A copy of the
resolution shall be sent to the property owner by certified mail and if the violation is not abated
within ten (10) days of the mailing of said resolution, the city shall take all actions necessary to
abate said violation, keeping accurate records of the cost of the same.
E. Costs To Owner: The finance director shall prepare a bill and mail it to the owner of the property
for the costs incurred by the city, including, but not limited to, administrative costs, attorney fees
and costs and the costs of any outside contractor engaged by the city to correct such violation, and
thereupon the amount shall be immediately due and payable to the city (the "bill').
F. Special Assessment: If the bill is not paid to the city within twenty (20) days after the mailing of
the bill, the city clerk shall extend the costs of abating the violation as a special assessment against
the property upon which the violation was located, and such special assessment shall, at the time
of certifying taxes to the county auditor, be certified for collection as other special taxes and
assessments are certified and collected. The city council may specify an additional penalty for
such special assessment collections.
G. Alternative Means Of Enforcement: This section provides an alternative means of enforcement of
the terms of this chapter, and nothing in this section shall be construed in such a way as to limit or
restrict the city's right to pursue available remedies under other law, including civil or criminal
proceedings, as may be applicable. (Ord. 444, 11-20-2012; amd. Ord. 566, 7-6-2021)
CHAPTER 8: RULES AND DEFINITIONS
ARTICLE A. PURPOSE AND GENERAL PROVISIONS
12-8A-1 Rules of Word Construction
The language set forth in the text of this Zoning Ordinance shall be interpreted in accordance
with the following rules of construction:
A. The singular number includes the plural and the plural the singular.
B. The present tense includes the past and future tenses, and the future the present.
C. The word "shall" and "must" are mandatory, and the word "may" is permissive.
D. Whenever a word or term defined hereinafter appears in the text of this Zoning
Ordinance, its meaning shall be construed as set forth in such Chapter.
E. Whenever a word or term in this Zoning Ordinance is not expressly defined in this
Chapter, then the word shall be construed to have the common definition as established
by dictionary.
F. All measured distances expressed in feet shall be to the nearest tenth of a foot.
ARTICLE B. DEFINITIONS OF ZONING CHAPTERS 1, 2, 3, 4, 5 AND 7 OF THIS
TITLE
12-8B-1 Definitions
ACCESSORY MOTOR FUEL STATIONS USES. Include one or more of the following
A. Rental of camper trailers of less than fifteen feet (I S') 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.
ACCESSORY USE OR STUCTURE. A use or structure subordinate to and serving the
principal use or structure on the same lot and customarily incidental thereto.
ACCESSORY BUILDING — PRIVATE GARAGE. Means an Accessory Building that is
generally used for storage of personal vehicles and other residential storage and is for the
purpose of serving a single-family attached or detached residential unit. The Private Garage
may be attached or detached to the Principal Building.
ACCESSORY STRUCTURE — STORAGE BUILDING. Means an Accessory Building that
is generally used for the storage of personal items. Such structures may include a small
storage shed or chicken coop, etc.
ACCESSORY STRUCTURE — NON -BUILDING STRUCTURES. Means an Accessory
Structure that does not meet the definition of a Building but is permanently affixed to the land
and may increase the impervious coverage of a property. Such structures may include, but are
not limited to, a children's play structure, children's treehouse, above ground or inground
pool, sport court, gazebo, patio, etc.
ADULT USES. See Article C of this Chapter.
AGRICULTURE -URBAN. 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.
AIRPORT OR HELIPORT. 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.
ALLEY. A public right of way which affords a secondary means of access to abutting
property.
ALTERNATIVE ENERGY SYSTEM. A ground source heat pump, wind or solar energy
system.
ANIMALS, DOMESTIC. Dogs, cats, birds and other common domestic household pets
including female chickens (Gallus gallus domesticus) kept for purposes of companionship or
egg production for household use only.
ANIMALS, FOOD. Fish, fowl, cattle, swine, sheep and others typically raised for purposes of
food consumption, with the exception of bees where specifically allowed by the zoning
districts.
ANIMALS, FUR. Animals raised for pelts.
APARTMENT. A room or suite of rooms with full housekeeping facilities which is rented on
a monthly basis.
ATTORNEY. The person licensed by the state to practice law who has been engaged by the
city council.
AUTOMOBILE REDUCTION YARD. 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.
AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines,
motor vehicles or trailers, including bodywork, framework, and major painting service.
AUTOMOBILE REPAIR, MINOR. 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;
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- fourths
(3/4) ton rating.
BASEMENT. That portion of the building having more than one- half (I/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.
BOARDINGHOUSE. 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.
BUILDABLE AREA. Buildable Area is the area on a lot excluding the required front yard
setback, all delineated wetlands, waterways or lakes as established by OHWL, steep slopes in
excess of 18%. Bluff setback or Bluff Impact Zone.
BUILDING. Any structure having a roof and at least three (3) walls 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 FOOTPRINT. The outline of the total area covered by a
building's perimeter at the ground level to the block/foundation.
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.
CHICKEN COOP. Any structure used for the housing of chickens.
CHICKEN RUN. A fenced outdoor area for the keeping and exercising of chickens.
CHURCH. A building, together with its accessory building and uses, where persons regularly
assemble for religious worship and which building, together with its accessory buildings and
uses, is maintained and controlled by a religious body organized to sustain public worship.
CLUB OR LODGE. A nonprofit association of persons who are bona fide members paying
annual dues, the use of premises being restricted to members and their guests.
CLUSTER OR CLUSTERING (HOUSING). The word "clusters or clustering" means 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.
COLLEGE (OR UNIVERSITY). 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.
COMMERCIAL OFFICES. 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.
COMMON OPEN SPACE. 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.
COMPREHENSIVE PLAN. 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.
CONDITIONAL USE. 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.
CONDITIONAL USE PERMIT. A permit specially and individually granted for a conditional
use in any district.
COUNCIL. Within this Chapter, shall refer to the City Council of 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 CENTER. A facility used to provide care for aged or infirm 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 24 hours per day, in a place other than the
person's own home.
DOG TRAINING FACILITY. An indoor or outdoor facility utilized for the organized
training and care of dogs.
DWELLING. A building or one or more portions thereof occupied or intended to be occupied
exclusively for residence purposes, but not including 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. A dwelling unit having one or more walls in common with
another, oriented so as to have direct access outside.
EARTH SHELTERED STRUCTURE. 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.
EASEMENT. Authorization by a property owner for the use by another, and for a specified
purpose, of any designated part of his property.
ENGINEER, CITY. The professional engineer engaged by the city council.
ESSENTIAL SERVICES. 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.
FAMILY. 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.
FENCE. Any partition, structure, wall or gate erected as a dividing marker, barrier, or
enclosure.
FLOOD. A temporary rise in stream flow or stage that results in water overtopping its banks
and inundating areas adjacent to the channel.
FLOOD, DESIGN. 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.
FLOODPLAIN. The land adjacent to a body of water which has been or may be hereafter
covered by floodwater.
FLOODPLAIN DISTRICT. The area adjoining a river, stream, drainage channel, lake, pond
or any low area which is subject to flooding.
FLOODPROOFING. 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.
FLOODWATER. 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 channel,
lake or pond.
FLOODWAY. 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.
FLOODWAY DISTRICT. 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.
FLOOR AREA. 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.
FLOOR AREA RATIO. 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.
FLOOR PLAN, GENERAL. A graphic representation of the anticipated utilization of the
floor area within a building structure.
GARAGE, ATTACHED: A private garage that is accessory and attached to the principal
structure, that is primarily used for personal vehicles and storage.
GARAGE, DETACHED: A private garage that is accessory and detached to the principal
structure, that is primarily used for personal vehicles and storage.
GARAGE, PUBLIC. A building or portion of a building used for the storage of vehicles for
remuneration or gratis that is accessible to the general public.
GARAGE, REPAIR. A building or space for the maintenance of vehicles but not including
auto wrecking or junk yards.
GOVERNING BODY. The city council of Mendota Heights.
HOME OCCUPATION. Any gainful occupation of a person residing in their dwelling that is
clearly accessory to the principal use as a residential unit.
HOTEL. A building containing eight (8) or more guestrooms in which lodging is provided for
compensation, with or without meals, and in which ingress and egress to and from all rooms
is made through an inside lobby or inside office supervised by a person in charge.
INSTITUTIONAL USE. Uses operated as schools, places of worship, cemeteries, or
government facilities.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a
particular event, or until zoning regulations no longer permit the use.
INTERIM USE PERMIT. A permit specially and individually granted for an interim use in
any district.
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. Plantings such as trees, grass and shrubs.
LICENSED ENGINEER. A person licensed as a professional engineer by the state of
Minnesota.
LOT. 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.
LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines.
LOT AREA, PER DWELLING UNIT. The number of square feet of lot area required per
dwelling unit.
LOT, BUTT. A lot located on the end of a block, excluding corner lots.
LOT, CORNER. A 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 135°.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of
a lot.
LOT, INTERIOR. A lot other than a corner lot, including through lots.
LOT LINE. 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.
LOT LINE, FRONT. 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.
LOT LINE, REAR. That boundary of a lot which is opposite the front lot line. If the rear lot
line is less than ten feet (I V) 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.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. 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.
LOT, THROUGH. 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 be front
lot lines for applying this [Chapter 1].
LOT WIDTH. The maximum horizontal distance between the side lot lines of a lot measured
within the first 30' of the lot depth.
MANUFACTURING. 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.
MASSAGE THERAPY (THERAPEUTIC MASSAGE) BUSINESS. Any establishment or
place providing to the public at large therapeutic massage services, other than a hospital,
sanatorium, 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.
MEAN FLOW LEVEL. The average flow elevation of a stream or river computed as the
midpoint between extreme low and extreme high water.
MINING. 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.
MOBILE HOME. Any type of structure or vehicle which is mounted on wheels or has
provisions for wheels and which is designed to provide permanent residence.
MOBILE HOME PARK. 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.
MOTOR COURT MOTOR HOTEL OR MOTEL A building or group of buildings other
than a hotel used primarily as a temporary residence.
MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck
is assembled and/or stored for routing in intrastate or interstate shipment by motor truck.
MOTOR FUEL CONVENIENCE STORE. 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.
MOTOR FUEL STATION. 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.
MOTOR HOME. All motor vehicles designed, constructed, or used to provide movable living
quarters for recreational use.
NATURAL AREA: Any property managed for the development of indigenous prairie and/or
forest plants, intended to exist in a wild or natural condition, according to a written plan.
NONCONFORMING STRUCTURE. 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.
NONCONFORMING USE. 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.
NOXIOUS MATTER OR MATERIALS. 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.
NURSERY DAY OR NURSERY SCHOOL. A 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.
NURSERY, LANDSCAPE. A business growing and selling trees, flowering and decorative
plants, and shrubs.
NURSING HOME. 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.
OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, or trade where
such goods are not enclosed within a building.
OPEN STORAGE. Storage of material outside of a building.
OWNER. Any individual, firm, association, syndicate, partnership, corporation, trust, or any
other legal entity having proprietary interest in the land.
PARKING SPACE. A surfaced and maintained area (9 by 20 feet) for the storage of one
standard automobile.
PARKING SPACE, HANDICAPPED. A surfaced and maintained area (12 by 20 feet) for the
parking of one standard automobile and identified for use by handicapped individuals.
PARTY WALL. A common wall which divides two (2) independent structures.
PEDESTRIANWAY. The right of way across or within a block for use by pedestrian traffic.
PERFORMANCE STANDARD. 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.
PERSON. A natural person of either gender, a partnership, corporation, political body, any
other entity and any other association of persons.
PLANNED UNIT DEVELOPMENT. A development which consists of two (2) or more
principal structures or uses on a single parcel of land.
PLANNING COMMISSION. The planning commission of the city of Mendota Heights.
PRIMARY SURFACE. 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.
PROPERTY: Developed or undeveloped land, parcel or platted lot, including any buildings,
structures, and accessory structures thereon.PROPERTYLINE. The legal boundaries of a
parcel of land.
PROTECTIVE COVENANT. A contract between parties which constitutes a restriction on
the use of property for the benefit of the owners.
PUBLIC LAND. Land owned and/or operated by a governmental unit.
PUBLICATION. An official notice as prescribed by state statutes.
PUMP SETBACK. 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.
RECREATION, COMMERCIAL. Recreational instruction and participative athletic uses,
including jump/trampoline center, golf range/simulator, fitness center, sports training facility,
martial arts school, dance school, and similar uses.
RECREATION EQUIPMENT. 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.
RESTAURANT, CAFETERIA. Food is selected by a customer while going through a serving
line and taken to a table for consumption.
RESTAURANT, DRIVE-IN. Most customers purchase and consume their food while in an
automobile.
RESTAURANT FAST FOOD. 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.
RESTAURANT, TRADITIONAL. Food is served to a customer and consumed while seated
at a counter or table.
RETAIL SALES. Stores and shops selling personal services or goods.
RIGHT OF WAY. The legal right, established by usage or grant, to pass along a specific route
through grounds or property belonging to another.
ROOSTER. A male chicken.
SETBACK. The minimum horizontal distance between the line of a structure and the nearest
specified property line.
SHELTER, FALLOUT OR BLAST. A structure or portion of a structure intended to 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 (BILLBOARDI. A sign which directs attention to a business,
commodity, service, or entertainment not exclusively related to the premises where such sign
is located or to which it is affixed.
SIGN, BUSINESS. 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.
SIGN, ELECTRONIC DISPLAY. A sign or portion thereof that displays electronic,
nonpictorial, text information in which each alphanumeric character is defined by a small
number of matrix elements using different combinations of light emitting diodes (LEDs), fiber
optics, light bulbs, or other illumination devices within the display area. Electronic display
signs include computer programmable, microprocessor controlled electronic displays. A
scoreboard being used during an organized sporting event shall not be considered a sign.
SIGN, FLASHING. 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.
SIGN, ILLUMINATED. Any sign which has characters, letters, figures, designs, or outlines
illuminated by electric lights including, but not limited to, LEDs and luminous tubes as a part
of the sign proper.
SIGN, MARQUEE OR CANOPY. 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.
SIGN, MONUMENT. Any freestanding sign independent from any building or other structure
that is mounted on the ground or mounted on a foundation base structure at least as wide as
the sign. A monument sign is typically solid from grade to the top of the structure.
SIGN, NAMEPLATE. 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.
SIGN PYLON. Any freestanding sign independent from any building or other structure that
has its supportive structure(s) anchored in the ground and a sign face elevated above ground
by a pole(s), post(s) or beam(s) with an open area below the face of the sign.
SIGN, TEMPORARY. A sign allowed for a period of ninety (90) days or less.
SOLAR ENERGY SYSTEM. A device, set of devices, or structural design feature, whose
primary purpose is to transform solar energy into another form of energy or transferring heat
from a collector to another medium using mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, BUILDING INTEGRATED. An active system that is an
integral part of a principal or accessory structure, rather than a separate mechanical device,
replacing or substituting for an architectural or structural component of the building including,
but not limited to, photovoltaic or hot water solar energy systems contained within roofing
materials, windows, skylights, and awnings.
SOLAR ENERGY SYSTEM, PASSIVE. A system that captures solar light or heat without
transforming it to another form of energy or transferring the energy via a heat exchanger.
STORY. 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.
STREET. A public right-of-way which affords a primary means of access to abutting
property.
STREET, COLLECTOR. A street which serves or is designed to serve as a trafficway for a
neighborhood or as a feeder to a major street.
STREET, DEAD END OR CUL-DE-SAC. A street with only one (1) vehicular traffic outlet.
STREET, HALF. A street designed to provide access only to one (1) side of the right-of-way.
STREET MAJOR OR THOROUGHFARE. 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.
STREET MINOR. A street intended to serve primarily as an access to abutting properties
STREET, PRIVATE. A street which is not dedicated to the community for public use
STREET, PUBLIC. A public right of way developed to afford primary access by pedestrians
and vehicles to abutting properties, whether designated as a street, highway, thoroughfare,
parkway, road, avenue, or boulevard, in accordance with the metropolitan council functional
classification of transportation facilities.
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 ALTERATION. A change, other than incidental repairs, which would
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 CENTER. Temporary greenhouse and display areas for plant
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.
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 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.
VEHICLES. Shall include trailers, boats, watercraft, "ski-doos", snowmobiles, four (4)
wheelers, and ATVs. (Ord. 401, 7-19-2005)
VETERINARY. Those uses concerned with the diagnosis, treatment, medical care of animals,
as well as storage and disposal of dead animals, including animal or pet hospitals.
VIDEO/ELECTRONIC DISPLAY SCOREBOARD. A display board equipped with video or
electronic components encompassing a majority of the surface erected at an athletic field, or
similar outdoor facility, which shows the score of a contest and other relevant information to
spectators at an event.
WAREHOUSING. The storage of materials or equipment within an enclosed building.
WEEDS: All grasses, annual or perennial plants and vegetation, other than trees or shrubs.
This term shall not include cultivated lawns, flowers and gardens. (Ord. 444, 11-20-
2012)WHOLESALING. The selling of goods, equipment and materials by bulk to another
business that in turn sells to the final customer.
YARD. 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.
YARD, FRONT. 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 ADMINISTRATOR. That person designated by the City Administrator and
approved by City Council as being responsible for the administration of this Chapter.
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.
ARTICLE C. DEFINITIONS OF ADULT USES OF THIS TITLE
12-8C4 Definitions
For the purpose of this chapter, the following terms and definitions listed below shall apply
unless the context clearly indicates or requires a different meaning. The standards applicable to
Adult Uses are established within [Chapter 3],
ADULT -ORIENTED BUSINESS. A business that: (a) has any sexually -oriented materials in
its inventory, stock in trade or publicly traded merchandise; (b) devotes any of its floor area
not including storerooms, stock areas, bathrooms, basements or any portion of the business
not open to the public) to sexually -oriented materials; (c) derives any revenue from sexually -
oriented materials; or a business that engages for any length of time in a sexually -oriented use
as defined herein or any other use that has an emphasis on specified sexual activities or
specified anatomical areas.
ADULT -ORIENTED ESTABLISHMENT. Any sexually -oriented business or sexually -
oriented use.
ADULT -ORIENTED MATERIALS. Visual, printed or aural materials, and other objects or
devices, which: (1) Contain, depict, simulate or describe specified sexual activities or
specified anatomical areas; (2) Are marketed for use in conjunction with, or are primarily
used only with or during, specified sexual activities; or (3) Are designed for sexual
stimulation.
ADULT -ORIENTED USES. Any of the following activities, even if the activity exists for
only a short time.
A. ADULT BODY PAINTING STUDIO. An establishment or business which excludes
minors by reason of age, and which provides the service of applying paints or other
substances, whether transparent or non -transparent, to the body of a patron when the
body is wholly or partially nude in terms of specified anatomical areas.
B. ADULT BOOKSTORE. A building or part of a building used for the barter, rental or
sale of items consisting of: instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities; or printed matter, pictures, slides,
records, audio tape, videotape, motion picture film, CD ROMs, DVDs or other forms of
recording if such items are distinguished or characterized by the emphasis on the
depiction or description of specified sexual activities or specified anatomical areas. No
obscene work shall be allowed.
C. ADULT CABARET. A building or portion of a building used for providing dancing or
other live entertainment, if the building or portion of a building entertainment is
distinguished and characterized by an emphasis on the presentation, display, depiction
or description of specified sexual activities or specified anatomical areas.
D. ADULT CAR WASH. A wash facility for any type of motor vehicle that allows
employees, agents, independent contractors or persons to engage in specified sexual
activities or to display specified anatomical areas.
E. ADULT COMPANION ESTABLISHMENT. A companion establishment and which
provides the service of engaging in or listening to conversation, talk or discussion
between an employee of the establishment and a customer, if the service is
distinguished and characterized by an emphasis on specified sexual activities or
specified anatomical areas.
F. ADULT CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes
minors by reason of age, and which provides the services of engaging in or listening to
conversation, talk or discussion if the service is distinguished and characterized by an
emphasis on specified sexual activities or specified anatomical areas.
G. ADULT HEALTH/SPORT CLUB. A health/sport club if the club which excludes
minors by reason of age, and is distinguished and characterized by an emphasis on
specified sexual activities or specified anatomical areas.
H. ADULT HOTEL OR MOTEL. A hotel, motel or similar commercial establishment
which excludes minors by reason of age, and which: (a) offers accommodations to the
public, for any form of consideration, provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas and has a sign visible from the public
right-of-way which advertises the availability of this adult type of photographic
reproductions; (b) Offers a sleeping room for rent for a period of time that is less than
ten hours; (c) Allows a tenant or occupant of a sleeping room to sub -rent the room for a
period of time that is less than ten hours; or (d) allows for temporary patronage and
where material is presented which is distinguished and characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities or specified
anatomical areas.
I. ADULT MASSAGE PARLOR, HEALTH CLUB A massage parlor or health club
which excludes minors by reason of age, and which provides the services of massage, if
the service is distinguished and characterized by an emphasis on specified sexual
activities or specified anatomical areas.
I ADULT MINI -MOTION PICTURE THEATER. A building or portion of a building
which a capacity for less than 50 persons used for presenting material if the material is
distinguished and characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
K. ADULT MODELING STUDIO. An establishment whose major business is the
provision, to customers, of figure models who are so provided with the intent of
providing sexual stimulation or sexual gratification to the customers and who engage in
specified sexual activities or display specified anatomical areas while being observed,
painted, painted upon, sketched, drawn sculptured, photographed or otherwise depicted
by the customers.
L. ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or
invited, except for minors by reason of age, and wherein coin or slug operated or
electronically, electrically or mechanically controlled or operated still or motion picture
machines, projectors or other image -producing devices are maintained to show images
to five or fewer persons per machine at any one time, and where the images so
displayed are distinguished and characterized by an emphasis on depicting or describing
specified sexual activities or specified anatomical areas.
M. ADULT MOTION PICTURE STUDIO. A building or portion of a building used for the
production, recording, filming or taping of videos or films distinguished or
characterized by an emphasis on depicting or describing specified sexual activities or
specified anatomical areas.
N. ADULT MOTION PICTURE THEATER. A building or portion of a building with a
capacity of 50 or more persons, except for minors by reason of age, and used for
presenting material if the building or portion of a building as a prevailing practice of
age or if the material is distinguished or characterized by an emphasis on specified
sexual activities or specified anatomical areas for observation by patrons therein.
O. ADULT NOVELTY BUSINESS. A business which has as a principal activity the sale
of devices which stimulate human genitals or devices which are designed for sexual
stimulation.
P. ADULT SAUNA. A sauna which provides a steam bath or heat bathing room used for
the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a
cleaning, relaxing or reducing agent if the building or portion of a building restricts
minors by reason of age and if the service provided by the steam room/bathhouse
facility is distinguished and characterized by an emphasis on specified sexual activities
or specified anatomical areas.
Q. ADULT STEAM ROOM/ BATHHOUSE FACILITY. A building or portion of a
building used for providing a steam bath or heat bathing room used for the purpose of
pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning;
relaxing or reducing agent if the service provided by the steam room bathhouse is
distinguished and characterized by an emphasis on specified sexual activities or
specified anatomical areas.
ESCORT: A person who, for consideration, agrees or offers to act as a companion, guide, or
date for another person, or who agrees or offers to privately model lingerie or to privately
perform a striptease for another person.
ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or
advertises to furnish escorts as one of its principal business purposes, for a fee, tip, or other
considerations.
SPECIFIED ANATOMICAL AREAS: (a) Less than completely or opaquely covered human
genitals, pubic region, buttock, anus or female breasts) below a point immediately above the
top of the areola; and (b) human male genitals in a discernable turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral -anal
copulation, bestiality, direct physical stimulation or unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of excretory functions in the
context of a sexual relationship, and any of the following sexually oriented acts or
conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerastia;
B. Clearly depicted human genitals in the state of sexual stimulation, arousal or
tumescence;
C. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
D. Fondling or touching of nude human genitals, pubic region, buttocks or female
breast(s);
E. Situations involving a person or persons, any of whom are nude, clad in undergarments
or in sexually revealing costumes, and who are engaged in activities involving the
flagellation, torture, bettering, binding or other physical restraint of any such persons;
F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a
human being; or
G. Human excretion, urination, menstruation, vaginal or anal irrigation in the context of a
sexual relationship.
ARTICLE D. DEFINITION OF CRITICAL AREA OVERLAY DISTRICT OF THIS
TITLE
12-8D-1 Definitions
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted to
give them the same meaning they have in common usage and to give this Chapter its most
reasonable application. For the purpose of this Chapter, the words "must" and "shall' are
mandatory and not permissive. All distances, unless otherwise specified, are measured
horizontally.
ACCESS PATH. An area designated to provide ingress and egress to public waters.
ADJACENT. Having a boundary that physically touches or adjoins.
AGRICULTURAL, USE. A use having the meaning given under Minnesota Statutes, section
40A.02.
ALTERNATIVE DESIGN. Subdivision design methods such as conservation design, transfer
of development density, or similar zoning and site design techniques that protect open space
and natural areas.
BIOLOGICAL AND ECOLOGICAL FUNCTIONS. The functions of vegetation in
stabilizing soils and slopes, retaining and filtering runoff, providing habitat, and recharging
groundwater.
BLUFF. A natural topographic feature having:
A. A slope that rises at least 25' where the grade of the slope averages 18% or greater,
measured over any horizontal distance of 25', from the toe of the slope to the top of the
slope. Where the slope begins below the ordinary high water level, the ordinary high
water level is the toe of the slope [See Figure 12-8D-1.1 - below]; or
[Figure 12-8D-1.1 Bluff Diagram]
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no
= r«�s�woewc
B. A natural escarpment or cliff with a slope that rises at least ten feet (10') above the
ordinary high water level or toe of the slope, whichever is applicable, to the top of the
slope, with a slope of 75° or greater [See Figure 12-8D-1.2 - below].
[Figure 12-8D-1.2 Natural Escarpment Bluff and Bluff Impact Zone Diagram]
Bluff and
Bluff imp.ci Zwn.
BLUFF IMPACT ZONE. A bluff and land located within twenty -feet (20') of the bluff. See
Figure (12-8D-1.2] for natural escarpment or cliff example and Figure [12-8D-1.3] for more
common bluff example.
[Figure 124D4.3 Toe, Top and Bluff Impact Zone Diagram]
..... ]pry.... �1.... nM1.......
BLUFFLINE. A line delineating the top of the bluff. More than one bluffline may be
encountered proceeding landward from the river. See Figure 2 for natural escarpment or cliff
example and Figure 3 for more common bluff example.
BLUFF, TOE OF. A line along the bottom of a bluff, requiring field verification, such that the
slope above the line exceeds 18% and the slope below the line is eighteen percent (18%) or
less, measured over a horizontal distance of 25'. See [Figure 12-8D-1.2] for natural
escarpment of cliff example and [Figure 12-8D-1.3] for more common bluff example.
BLUFF, TOP OF. A line along the top of a bluff, requiring field verification, such that the
slope below the line exceeds 18% and the slope above the line is 18% or less, measured over a
horizontal distance of 25'. See [Figures Figure 12-81)-1.1 and Figure 12-8D-1.2.]
BUILDABLE AREA. The area upon which structures may be placed on a lot or parcel of land
and excludes areas needed to meet requirements for setback, rights -of -way, bluff impact
zones, historic properties, wetlands, designated floodways, land below the ordinary high water
level of public waters, and other unbuildable areas.
BUILDING. A structure with two or more outside rigid walls and a fully secured roof and
affixed to a permanent site.
CERTIFICATE OF COMPLIANCE. A document written after a compliance inspection,
certifying that the development complies with applicable requirements at the time of the
inspection.
CITY. The City of Mendota Heights, Minnesota.
COMMISSIONER. The commissioner of the Minnesota Department of Natural Resources.
CONDITIONAL USE. A use having the meaning given under Minnesota Statutes, Chapters
462.
CONSERVATION DESIGN. A pattern of subdivision that is characterized by grouping lots
within a portion of a parcel, where the remaining portion of the parcel is permanently
protected as open space.
CONVENTIONAL SUBDIVISION. A pattern of subdivision that is characterized by lots
that are spread regularly throughout a parcel in a lot and block design.
DECK. A horizontal, unenclosed, aboveground level structure open to the sky, with or
without attached railings, seats, trellises, or other features, attached or functionally related to a
principal use or site.
DEVELOPER. Has the meaning given under Minnesota Statutes, section 116G.03.
DEVELOPMENT. Has the meaning given under Minnesota Statutes, section 116G.03.
DISCRETIONARY ACTION. An action under this Chapter related to land use that requires a
public hearing by local ordinance or statute, such as preliminary plats, final subdivision plats,
planned unit developments, conditional use permits, interim use permits, variances, appeals,
and rezoning.
DOCK. Has the meaning given under Minnesota Rules, Chapter 6115.
ELECTRIC POWER FACILITIES. Equipment and associated facilities for generating
electric power or devices for converting wind energy to electrical energy as identified and
defined under Minnesota Statutes, section 216E.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, communications, steam,
or water distribution, collection, supply, or disposal systems, including storm water. Essential
services include poles, wires, mains, drains, pipes, conduits, cables, fire alarm boxes, traffic
signals, hydrants, navigational structures, aviation safety facilities or other similar equipment
and accessories in conjunction with the systems. Essential services does not include buildings,
treatment works as defined in Minnesota Statutes, Chapter 115.01, electric power facilities or
transmission services.
FEEDLOT. Has the meaning given for animal feedlots under Minnesota Rules, Chapter 7020.
FLOODPLAIN. Has the meaning given under Minnesota Rules, Chapter 6120.
FULLY RECONSTRUCTS. The reconstruction of an existing impervious surface that
involves site grading and subsurface excavation so that soil is exposed. Mill and overlay and
other resurfacing activities are not considered fully reconstructed.
HARD -SURFACE TRAIL. A trail surfaced in asphalt, crushed aggregate, or other hard
surface, for multi -purpose use, as determined by local, regional, or state agency plans.
HISTORIC PROPERTY. An archaeological site, standing structure, site, district, or other
property that is:
A. Listed in the National Register of Historic Places or the State Register of Historic Places
or locally designated as a historic site under Minnesota Statutes, Chapter 471;
B. determined to meet the criteria for eligibility to the National Register of Historic Places
or the State Register of Historic Places as determined by the director of the Minnesota
Historical Society; or
unplatted cemetery that falls under the provisions of Minnesota Statutes, Chapter
307, in consultation with the Office of the State Archaeologist.
IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the
entry of water into the soil and causes water to run off the surface in greater quantities and at
an increased rate of flow than prior to development. Examples include rooftops, decks,
sidewalks, patios, parking lots, storage areas, and driveways, including those with concrete,
asphalt, or gravel surfaces.
INTENSIVE VEGETATION CLEARING. The removal of all or a majority of the trees or
shrubs in a contiguous patch, strip, row, or block.
INTERIM USE. Has the meaning given under Minnesota Statutes, section 462.
KEYSTONE SPECIES. A species on which other species in an ecosystem largely depend,
such that if it were removed the ecosystem would change drastically.
LAND ALTERATION. An activity that exposes the soil or changes the topography, drainage,
or cross section of the land, excluding gardening or similar minor soil disturbances.
LOCAL GOVERNMENT. Counties, cities, and townships.
LOT. Has the meaning given under Minnesota Rules, Chapter 6120.
LOT WIDTH. The shortest distance between lot lines measured at both the ordinary high-
water level and at the required structure setback from the ordinary high-water level. [See
Figure 12-813-1.4 below]
[Figure 124D-1.4 Lot Width Diagram]
Lo�Wid�h
Vic ft Ve AA
YL..—....
MARINA. Has the meaning given under Minnesota Rules, Chapter 6115.
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA). The area within the River
Corridor Boundary (refer to separate definition noted herein).
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA PLAN, A Chapter in the City of
Mendota Heights Comprehensive Plan.
MOORING FACILITY. Has the meaning given under Minnesota Rules, Chapter 6115.0170.
NATIVE PLANT COMMUNITY. A plant community that has been identified as part of the
Minnesota Biological Survey or biological survey issued or adopted by a local, state, or
federal agency.'
NATIVE VEGETATION. Vegetation comprised of plant species, other than noxious weeds
or invasive vegetation, that are indigenous to a region, and which reasonably could occur or
flourish naturally on a site.
NATURAL-SURFAC E TRAIL. A trail composed of native soil and rock or compacted
granular stone, primarily intended for hiking, equestrian, or mountain bike use, as determined
by local, regional, or state agency plans.
NATURAL VEGETATION. Any combination of ground cover (excluding any vegetation
considered invasive), understory, and tree canopy that, while it may have been altered by
human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and
recharge groundwater.
NONCONFORMITY. The meaning given under Minnesota Statutes, section 394.22.
NONMETALLIC MINING. The construction, reconstruction, repair, relocation, expansion,
or removal of any facility for the extraction, stockpiling, storage, disposal, or reclamation of
nonmetallic minerals such a stone, sand, and gravel. Nonmetallic mining does not include
ancillary facilities such as access roads, bridges, culverts, and water level control structures.
For purposes of this subpart, "facility" includes all mine pits, quarries, stockpiles, basins,
processing structures and equipment, and any structures that drain or divert public waters to
allow mining.
OFF -PREMISES ADVERTISING SIGNS. Signs that direct attention to a product, service,
business, or entertainment venue that is not exclusively related to the premises where the sign
is located.
ORDINARY HIGH-WATER LEVEL (OHWL). Has the meaning given under Minnesota
Statutes, section 103G.005.
OVERLAY DISTRICT. A zoning district that is applied over one or more previously
established zoning districts, establishing additional or stricter standards and criteria for
covered properties in addition to those of the underlying zoning district. Overlay districts are
often used to protect historic features and natural resources such as shoreland or floodplain.
PARCEL. Has the meaning given under Minnesota Statutes, section 116G.03.
PATIO. A constructed hard surface located at ground level with no railings and open to the
sky.
PICNIC SHELTER. A roofed structure open on all sides, accessory to a recreational use.
PLANNED UNIT DEVELOPMENT (PUD). A method of land development that merges
zoning and subdivision controls, allowing developers to plan and develop a large area as a
single entity, characterized by a unified site design, a mix of structure types and land uses,
and/or phasing of development over a number of years. Planned unit development includes
any conversion of existing structures and land uses that utilize this method of development.
PLAT. Has the meaning given under Minnesota Statutes, sections 505 and 515B.
PORT. A water transportation complex established and operated under the jurisdiction of a
port authority according to Minnesota Statutes, Chapter 458,
PRIMARY CONSERVATION AREAS (PCA). Resources and features, including shore
impact zones, bluff impact zones, floodplains, wetlands, gorges, areas of confluence with
tributaries, natural drainage routes, underground springs, unstable soils and bedrock, native
plant communities, cultural and historic properties, and significant existing vegetative stands,
tree canopies, and other resources identified in local government plans.
PRIVATE FACILITIES. Private roads, driveways, and parking areas, private water access
and viewing facilities, decks and patios in setback areas, and private signs.
PROFESSIONAL ENGINEER. An engineer licensed to practice in Minnesota.
PUBLIC FACILITIES. Public utilities, public transportation facilities, and public recreational
facilities.
PUBLIC RECREATION FACILITIES. Recreational facilities provided by the state or a local
government and dedicated to public use, including parks, scenic overlooks, observation
platforms, trails, docks, fishing piers, picnic shelters, water access ramps, and other similar
water -oriented public facilities used for recreation.
PUBLIC RIVER CORRIDOR VIEWS (PRCVs). Views toward the river from public
parkland, historic properties, and public overlooks, as well as views toward bluffs from the
ordinary high water level of the opposite shore, as seen during the summer months and
documented in the MRCCA Chapter of the Comprehensive Plan.
PUBLIC TRANSPORTATION FACILITIES. All transportation facilities provided by
federal, state, or local government and dedicated to public use, such as roadways, transit
facilities, railroads, and bikeways.
PUBLIC UTILITIES. Electric power facilities, essential services, and transmission services.
PUBLIC WATERS. Has the meaning given under Minnesota Statutes, section 103G.005.
PUBLIC WORKS DIRECTOR. A person designated by the City Administrator and approved
by the City Council as being jointly responsible for the administration of this Chapter.
READILY VISIBLE. Land and development that are easily seen from the ordinary high-
water level of the opposite shore during summer months.
RESOURCE AGENCY. A Federal, state, regional, or local agency that engages in
environmental, natural, or cultural resource protection or restoration activities, including
planning, implementation, and monitoring.
RETAINING WALL. A vertical or nearly vertical structure constructed of mortar and rubble
masonry, rock, or stone regardless of size, vertical timber pilings, horizontal timber planks
with piling supports, sheet pilings, poured concrete, concrete blocks, or other durable
materials.
ROCK RIPRAP. Natural coarse rock placed or constructed to armor shorelines, streambeds,
bridge abutments, pilings and other shoreline structures against scour or water or ice erosion.
RIVER CORRIDOR BOUNDARY. The boundary approved and adopted by the Metropolitan
Council under Minnesota Statutes, section 116G.06, as approved and adopted by the
legislature in Minnesota Statutes, section I I6G.15, and as legally described in the Sate
Register, volume 43, pages 508 to 518.
RIVER -DEPENDENT USE. The use of land for commercial, industrial, or utility purposes,
where access to and use of a public water feature is an integral part of the normal conduct of
business and where the use is dependent on shoreline facilities.
SCOUR. The localized removal of material from the streambed by flowing water, and is the
opposite of fill.
SELECTIVE VEGETATION REMOVAL. The removal of isolated individual trees or shrubs
that are not in a contiguous patch, strip, row, or block and that does not substantially reduce
the tree canopy or understory cover.
SETBACK. A separation distance measured horizontally.
SHORE IMPACT ZONE (SIZ). Land located between the ordinary high-water level of public
waters and a line parallel to it at a setback of fifty percent (50%) of the required structure
setback or, for agricultural use fifty feet (50') landward of the ordinary high water level. [See
Figure 12-8D-1.5 - below].
[Figure 12-SD-1.5 Slzore Impact Zone Diagram]
Shore Impact Zone
t
snore ..r�µ...•
anpact zone
SHORELINE FACILITIES. Facilities that require a location adjoining public waters for
ingress and egress, loading and unloading, and public water intake and outflow, such as barge
facilities, port facilities, commodity loading and unloading equipment, watercraft lifts,
marinas, short-term watercraft mooring facilities for patrons, and water access ramps.
Structures that would be enhanced by a shoreline location, but do not require a location
adjoining public waters as part of their function, are not shoreline facilities, such as
restaurants, bait shops, and boat dealerships.
STEEP SLOPE. A natural topographic feature with an average slope of 12% to 18%,
measured over a horizontal distance equal to or greater than 50', and any slopes greater than
18% that are not bluffs.
STORM WATER MANAGEMENT FACILITIES. Facilities for the collection, conveyance,
treatment, or disposal of storm water.
STRUCTURE. Anything constructed or installed or portable, except for aerial or
underground utility lines such as sewer, electric, telephone, or gas lines, and utility line
towers, poles, and other supporting appurtenances, the use of which requires a location on a
parcel of land. It includes a movable structure while it is located on land which can be used
for housing, business, commercial, agricultural, or office purposes either temporarily or
permanently. Structure also includes fences, decks, billboards, swimming pools, and
advertising signs.
SUBDIVISION. Has the meaning given under Minnesota Statutes, section 462.352.
SUBSURFACE SEWAGE TREATMENT SYSTEM (SSTS). Has the meaning given under
Minnesota Rules, part 7080.1100.
TRANSMISSION SERVICES:
A. Electric power lines, cables, pipelines, or conduits that are:
1. Used to transport power between two points, as identified and defined under
Minnesota Statutes, section 216E.01, subdivision 4; or
2. For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas,
liquids, or solids in suspension between two points; and
B. Telecommunication lines, cables, pipelines, or conduits.
TREELINEI The more or less continuous line formed by the tops of trees in a wooded area
when viewed from a particular point. The treeline is determined during all seasons as if under
full foliage.
UNDERGROUND SPRING. A place where water moving underground finds an opening to
the land surface and emerges, sometimes as just a trickle, and in some cases only after a storm
event, and in some cases seen as a continuous flow of water.
VARIANCE. Any modification or variation of official controls that a municipality has
approved in accordance with Minnesota Statutes, section 462.357, subd. 6(2).
WATER ACCESS RAMP. A boat ramp, carry -down site, boarding dock, and approach road,
or other access that allows launching and removal of a boat, canoe, or other watercraft with or
without a vehicle and trailer.
WATER -ORIENTED ACCESSORY STRUCTURE. A small building or other improvement,
except stairways, fences, docks, and retaining walls, that, because of the relationship of its use
to public waters, needs to be located closer to public waters than the normal structure setback.
Examples include gazebos, screen houses, fish houses, pump houses, and detached decks and
patios.
WATER QUALITY IMPACT ZONE. Land within the shore impact zone or within 50' of the
OHWL of the river, whichever is greater, and land within 50' of a public water, wetland, or
natural drainage route.
WETLAND. Has the meaning given under Minnesota Statutes, section 103G.005.
WHARF. Has the meaning given under Minnesota Rules, part 6115.0170.
ZONING ADMINISTRATOR. A person designated by the City Administrator and approved
by the City Council as being jointly responsible for the administration of this Chapter.
ARTICLE E. DEFINITIONS OF AIRCRAFT NOISE ATTENUATION OF THIS TITLE
12-8E 4 Definitions
AIRCRAFT NOISE ZONE. Any one of the four (4) zones identified on the map attached to
ordinance 232 and incorporated herein by reference.
CONSISTENT. Land uses that are acceptable.
dBA. A unit of sound pressure level weighted by use of the A metering characteristics and
weighting as specified in the American National Standards Institute specification for sound
level meters (ANSI 51.4-1983), which is hereby incorporated by reference. "dBA" is also
referred to as an A -weighted decibel.
DNL. The day -night sound level, or the twenty four (24) hour equivalent continuous sound
level (time averaged A -weighted sound level) from twelve o'clock (12:00) midnight to twelve
o'clock (12:00) midnight, obtained after the addition of ten (10) dBA to sound levels measured
from ten o'clock (10:00) P.M. to seven o'clock (7:00) A.M.
INCONSISTENT. Land uses that are not acceptable even if acoustical treatment was
incorporated in the structure.
INFILL DEVELOPMENT. Pertains to an undeveloped parcel or parcels of land proposed for
development similar to or less noise sensitive than the developed parcels surrounding the
undeveloped parcel (for example, a new house on a vacant lot in a residential neighborhood, or
a new industry on a vacant parcel in an established industrial area).
Ldn. The day -night average level, or the twenty four (24) hour equivalent continuous sound
level (time averaged A -weighted sound level) from twelve o'clock (12:00) midnight to twelve
o'clock (12:00) midnight, obtained after the addition of ten (10) dBA to sound levels measured
from ten o'clock (10:00) P.M. to seven o'clock (7:00) A.M.
Leq. The equivalent continuous sound level which, over the period of one hour, has the same
A -weighted sound energy as the time varying sound.
MAJOR REDEVELOPMENT. A relatively large parcel of land with all structures proposed
for extensive rehabilitation or demolition, and different uses (for example, demolition of a
square block of old office and hotel buildings for new housing, office, commercial uses;
conversion of warehouse to office and commercial uses).
NEW DEVELOPMENT. A relatively large, undeveloped tract of land proposed for
development (for example, a residential subdivision, industrial park or shopping center).
NOISE REDUCTION LEVEL. The difference between the exterior and interior sound level,
expressed in dBA, is achieved by the intervening structure.
RECOGNIZED ACOUSTICAL SPECIALIST. A person qualified by education and
experience to conduct sound analyses of buildings and approved for such purpose by the city.
The approved individual shall have at least three (3) years of experience in the field of sound
control and a degree from a recognized institute of higher learning m the process of sound
analysis of buildings.
RECONSTRUCTION OR ADDITIONS TO EXISTING STRUCTURES. Pertains to replacing
a structure destroyed by fire, age, etc., to accommodate the same use that existed before
destruction, or expanding a structure to accommodate increased demand for an existing use but
does not pertain to remodeling or rehabilitating existing residential buildings nor to the
construction of an appurtenance to an existing residential building.
SOUND. Energy that is transmitted by pressure waves in the air or in other materials and is the
objective cause of the sensation of hearing. It is commonly called "noise" if it is unwanted.
SOUND ATTENUATION. The reduction in sound level which occurs between the source and
receiver.
SOUND LEAK. An opening in a structure through which sound can pass. "Sound leaks" are
often extremely small holes or cracks. In general, an air leak is a "sound leak".
SOUND LEVEL. The level of sound pressure measured with a sound level meter and one of its
weighting (frequency) networks. When A -weighting is used, the "sound level" is expressed as
dBA.
SOUND TRANSMISSION CLASS (STC). A single number rating for describing the degree of
sound transmission loss specified for a wall, window, partition or other building element. The
higher the STC, the more attenuation the building element will afford.
Section 2. Effective date.
This ordinance shall be effective January 1, 2025 following adoption and publication according to law.
Section 3. Summary Publication,
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
SUMMARY ORDINANCE NO. 592
AN ORDINANCE TO REPEAL AND REPLACE TITLE 12: ZONING OF THE CITY
CODE OF THE CITY OF MENDOTA HEIGHTS, REGULATING LAND USE AND
IMPLEMENTING THE GOALS AND POLICIES OF THE CIWS COMPREHENSIVE
PLAN.
NOTICE IS HEREBY GIVEN that, on September 17, 2024, Ordinance No. 592 was
adopted by the City Council of the City of Mendota Heights, Minnesota,
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No.
592, the following summary of the ordinance has been prepared for publication.
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council repeals
and replaces Title 12: Zoning of the City Code. The zoning ordinance imposes land use controls
that regulate what can be built on individual parcels of land, from proposed new developments
and buildings to small residential additions; the ordinance revises and updates key focus areas
including but not limited to (1) Zoning And Overlay Districts, (2) Allowed and Prohibited Uses,
(3) Character, Building and Design Standards, and (4) Administration and Conformance, and
corresponding Amendments to the Zoning Map to modify Zoning District boundaries and titles.
A printed copy of the whole ordinance is available for inspection by any person during
the City's regular office hours at the office of the City Administrator/City Clerk or on the City
website.
PASSED, ADOPTED and APPROVED FOR PUBLICATION by the City Council
of the City of Mendota Heights, Minnesota, this 17th day of September 2024.
CITY COUNCIL OF MENDOTA HEIGHTS
/S/Stephanie Levine, Mayor
Attest
/s/Nancy Bauer, City Clerk
ADOPTED this 17day of September, 2024 by the City Council for the City of Mendota
Heights,
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST:
N cy Bauer, City Clerk