HomeMy WebLinkAbout2022-09-26 PACKET 04. - WORKSHOPMsCottage
Grove
here Pride and Prp5Perity Meet
To: Members of the Cottage Grove Planning Commission
From: Amanda Johnson, Assistant City Attorney and Planning Staff
Date: September 26, 2022
Subject: City Code Recodification Work Session — Title 11 — Performance Standards
As you know, we have been working to repeal and replace the City's Zoning Code. At our last
meeting with you in August, we discussed the use district chapters (residential, business,
industrial, etc.). At tonight's meeting, we will be discussing Chapter 6 — Performance Standards
and Chapter 3 — General Zoning Provisions. Attached for your review are the proposed
ordinances.
As the Planning Commission, you are charged with overseeing the City's zoning regulations.
These two chapters, and the remaining chapters to be reviewed next month, provide the most
detailed rules that the City uses to manage, organize and regulate zoning. This means that we
need to walk through every word of these chapters together! Like last month, we will walk through
the text during the meeting via a Powerpoint presentation. I will note important changes, seek
your feedback and related policy discussions.
Attachments:
Zoning Code Chapter 6 and 3
CHAPTER 3
GENERAL ZONING PROVISIONS
11-3-1: NONCONFORMING USES AND STRUCTURES:
A. Purpose. Within the districts established by this chapter or amendments that may later
be adopted, there may exist lots, structures and uses of land, which were lawful before
this chapter was passed or amended, but which would be prohibited, regulated or
restricted under the terms of this chapter or future amendments. It is the intent of this
chapter to permit these nonconformities to continue until they are removed, but not to
encourage their survival. Such uses are declared by this chapter to be incompatible
with permitted uses in the districts involved. It is further the intent of this chapter that
nonconformities shall not be enlarged upon, expanded or extended, nor be used as
grounds for adding other structures or uses prohibited elsewhere in the same district.
B. Any nonconforming use or structure within the City shall be governed by Minnesota
Statute Section 462.357, subd. le, as amended.
11-3-2: ACCESSORY STRUCTURES:
In all zoning districts, accessory structures shall be subject to the following performance
standards.
A. Construction.
1. Accessory structures are prohibited from being taller than or greater in footprint
than the principal structure.
2. Building permits are required for all permanent accessory structures over 200
square feet in residential districts and 1000 square feet in business and
industrial districts.
3. Temporary accessory structures including tents that consist of metal or
fiberglass poles, metal hoops and PVC, cotton or nylon fabric covering
materials are prohibited except as permitted in conjunction with an approved
conditional use, permitted camping area, or special event.
4. The exterior finishes of accessory structures sized less than 200 square feet
shall be constructed of quality weather resistant materials.
B. Accessory Structure Exterior Material Standards.
Property Classification
Exterior Finish
Agricultural Districts
For accessory structures over 200 square
feet: Wood, metal, split face block, vinyl
lap, or cement board materials that are
complimentary to the color palette of the
principal structure
Residential Districts
For accessory structures over 200 square
feet: Wood, split face block, vinyl lap, or
cement board materials that are
complimentary to the color palette of the
principal structure
Business Districts incl. Mixed -Use
Materials, texture, and color palette to
compliment the principal structure,
accessory structures greater than 1000
square feet require site plan review
Industrial Districts
Materials, texture, and color palette to
compliment the principal structure,
accessory structures greater than 1000
square feet require site plan review
C. Number and Size. The number and size of accessory structures permitted on any lot
shall be determined by the following table. On a residential lot, the principal garage,
attached or detached, and swimming pools shall not count towards the number of
accessory structures or total square footage calculations.
Property
Classification
Number
Total Size
AG-1
2
2,500 sq. ft.
AG-2
2
2,500 sq. ft.
R-1
2
2,500 sq. ft.
R-2
2
2,000 sq. ft.
R-3
1
1,000 sq. ft.
R-4
1
500 sq. ft. per unit
R-5
1
500 sq. ft. per unit
R-6
1
500 sq. ft. per unit
Business and
industrial
Site plan review over 1,000 sq. ft
Site plan review over 1,000
sq. ft
D. Setbacks. Setbacks for accessory structures shall be determined by the following
table.
Property
Side Yard
Rear Yard
Front Yard
Classification
AGA
25 feet
50 feet
Behind principal
structure
AG-2
25 feet
50 feet
Behind principal
structure
R-1
20 feet
50 feet
Behind principal
structure
R-2
20 feet
20 feet
Behind principal
structure
R-3
6 feet
10 feet
Behind principal
structure
R-4
6 feet
10 feet
Behind principal
structure
R-5
6 feet
10 feet
Behind principal
structure
R-6
6 feet
10 feet
Behind principal
structure
Business
Not permitted
Follow building
Behind principal
in side -yard
setbacks
structure
Industrial adjacent to
Not permitted
100 feet
Behind principal
Residential
in side -yard
structure
Industrial not
Follow
Follow building
Behind principal
adjacent to
building
setbacks
structure
Residential
setbacks
E. Height. Height of accessory structures shall be determined by the following table.
Property Classification
Maximum
AG-1
20 feet, except as permitted under Minnesota Statute
AG-2
20 feet, except as permitted under Minnesota Statute
R-1
20 feet
R-2
20 feet
R-3
18 feet
R-4
18 feet
R-5
18 feet
R-6
18 feet
Business and industrial
20 feet
F. Miscellaneous Requirements.
1. Accessory structures greater than those permitted in subsections C and E of
this section may be approved by conditional use permit if the following
standards are met:
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i. There is adequate setback, screening, or topography changes that
buffer the proposed structure from adjacent public roadways or adjacent
properties.
ii. The proposed building height or building square footage does not
exceed the ordinance criteria by more than 20% within the metropolitan
urban service area (MUSA) and 40% outside the MUSA.
iii. Setback distances are increased 5 feet for each 1 foot of height or 100
square feet of size increase or fraction thereof.
2. No accessory structures shall be constructed on any lot prior to the time of
construction of the principal structure, unless the building is accessory to the
ongoing agricultural land use.
3. No tent, trailer, camper, motor home, storage container or accessory building
shall at any time be used as a habitable building.
4. At -grade structures such as basketball courts, tennis courts, patios, tree
houses, and dog kennels shall meet the established accessory structure
setbacks for the appropriate districts. These structures are not included in the
total allowable accessory structure square footage, as long as the total
impervious surface of the lot does not exceed 35% of the rear area of the lot
measured from the rear building line of the house to the rear lot line.
5. Swimming pools and surrounding apron/decks shall meet the established
accessory structure setbacks for the appropriate districts. These structures are
not included in the total allowable accessory structure square footage.
6. Temporary family healthcare dwellings are prohibited in all zoning districts.
G. Attached Garage Requirements in Residential Districts.
The garage floor area attached to the principal structure in any residential district must
not exceed 1200 square feet.
11-3-3 ENCROACHMENT EXCEPTIONS
A. Exceptions. The following shall not be considered encroachments on setback
requirements in all zoning districts.
1. Principal building cornices, canopies, eaves, gutters, and other similar
features, provided they project not more than 30 inches. In no event shall such
features be closer than 24 inches from any lot line;
2. Principal building chimneys, flues, vents, and other similar features, provided
they project not more than 24 inches and are no more than 5 feet in width. In
no event shall such features be closer than 30 inches from any lot line;
3. Principal building window wells and bay windows, provided they project not
more than 36 inches. In no event shall they be closer than 24 inches from any
lot line;
4. In front yards, principal building entry vestibules that extend a distance of 6
feet or less, provided such vestibule is not more than 8 feet in width or more
than 1 story in height;
a]
5. In front yards, principal building balconies that extend a distance of 4 feet or
less, provided they are 7 feet or more above grade at the front building line;
6. In front and rear yards, landings, steps, uncovered porches, and other similar
features attached to the principal building that extend a distance of 6 feet or
less provided the landing or uncovered porch is no more than 30 inches off
the ground; a railing enclosure no more than 3 feet in height may be placed
around such landing or uncovered porch, unless prior approval for a greater
height is granted by the City Staff;
7. In side yards, principal building steps, stoops, handicap access ramps, and
other similar features that extend a distance of 3 feet or less. In no event shall
they be closer than two feet from a side lot line.
B. No encroachment shall be permitted in existing or required drainage and utility
easements, unless approved by the City Engineer.
11-3-4: FENCES RETAINING WALLS AND SCREENING
A. General Requirements for All Types of Fences or Retaining Walls.
1. Fences are allowed in any zoning district, subject to the provisions of this code.
2. All parts of a fence shall be on the property of the owner of the fence. The
owner of a fence is responsible to verify the location of their property lines.
3. Every fence shall be constructed in a workmanlike manner and of substantial
material reasonably suited to the purpose for which the fence is to be used.
Every fence shall be maintained in a condition of reasonable repair and shall
not be allowed to become and remain in a condition which would constitute a
public nuisance or a dangerous condition.
4. Fences shall not be permitted from the following materials: fabric, tarp, sheet
metals, plastic slats for chain link, cardboard, pallets, sticks, plywood, and
similar temporary type materials as determined by City Staff.
5. All chainlink fences must have a top rail, barbed ends must be placed at the
bottom of the fence, and vertical posts must be spaced at intervals not to
exceed 10 feet.
6. No fences or walls shall be placed on or extend into public rights -of -way.
7. The finished side of any fence or wall must face abutting property or street
rights of way.
8. No fence or wall shall obstruct a motorist's or pedestrian's safe view from the
driveway or street as determined by the City.
9. All fences and retaining walls located within the Mississippi River Corridor
Critical Area (MRCCA) shall comply with Chapter 15.
B. Prohibited Fences. Prohibited fences in all districts.
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1. Electric fences are prohibited in all districts, unless the property is used to fence
livestock and has a minimum of 5 acres of land.
2. Barbed and razor wire fences.
3. Fences located in the clear view triangle: On corner lots, no structure, fence or
planting in excess of 30 inches above the curb line or less than 10 feet above
the curb line shall be permitted within a clear view triangle described as that
area that begins at the intersection of the front property line and corner side
property line and is measured back 10 feet along both property lines. Those
points are then connected with a straight line. See diagram below.
i
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26
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C. Fences or Retaining Walls in Residential Districts. All fences and retaining walls within
residential districts must comply with the following.
1. No fence or wall shall exceed 6 feet above grade level along rear and side
property lines or 4 feet above grade level in the front yard.
2. Fences within 15 feet of the front property line must be less than 30 inches
above grade level and at least 50% transparent.
D. Fences or Retaining Walls in Business or Industrial Districts. All fences and retaining
walls within business and industrial districts must comply with the following.
1. Fences in business districts must not exceed 8 feet above grade level and are
prohibited in the front yard. Fences in excess of 8 feet above grade level and
not located in a front yard require a conditional use permit.
C
2. Fences in industrial districts must not exceed 10 feet above grade level and are
prohibited in the front yard. Fences in excess of 10 feet above grade level and
not located in a front yard require a conditional use permit.
3. Fences in business and industrial districts shall be high -quality vinyl -coated
chain link (minimum 9 gauge thickness with a required top rail support), brick,
stone, wrought iron, decorative metal or other such material as approved by
City Staff.
E. Fences on Agricultural property. All fences on agricultural use property must comply
with the following.
1. Fences for agricultural uses must not be greater than 8 feet above grade level
and may be located along all property boundary lines.
F. Retaining walls. General requirements.
1. Retaining wall materials shall be of industry accepted quality and standards so
as to prevent unstable retaining walls.
2. Construction techniques shall be properly followed in order to prevent unstable
retaining walls.
3. Retaining walls over 4 feet in height must be designed by a registered architect
or engineer and be reviewed and approved by the City Engineer.
4. Retaining walls over 30 inches in height that are located in pedestrian traffic
areas or within 36 inches of a public way walk shall be completely fenced along
the top edge with a permanent fencing material.
11-3-5: FARMING OPERATIONS IN RESIDENTIAL DISTRICTS:
Agriculture is a permitted use in all residential districts, subject to the following:
A. Farm Animals:
Parcels Less Than 40 but more than 5 Acres: The keeping of any farm animal
on parcels of less than 40 but more than 5 acres in size shall be permitted,
subject to the following conditions:
i. The property must contain at least 1 '/2 acres of land per animal unit as
defined by Minnesota Rules 7020.0300, as amended.
ii. All buildings intended to house animals shall be set back at least 60 feet
from all property lines and at least 300 feet from a dwelling other than
the dwelling on the property in question.
iii. All pens, yards or other confinement areas, excluding pastures, where
animals are kept shall be set back at least 60 feet from all property lines.
iv. The Minnesota pollution control agency does not require that a feedlot
permit be issued.
2. Parcels Larger Than 40 Acres: The keeping of farm animals on parcels larger
than 40 acres in size is permitted, subject to the following conditions:
i. All buildings intended to house animals shall be set back at least 60 feet
from all property lines and at least 300 feet from a dwelling other than
the dwelling on the property in question.
ii. All pens, yards or other confinement areas, excluding pastures, where
animals are kept shall be set back at least 60 feet from all property lines.
iii. The Minnesota pollution control agency does not require that a feedlot
permit be issued.
11-3-6: WATER AND SEWERAGE:
A. Within Urban Service Area: Within the city's urban service area, as defined by the
comprehensive plan, all structures designed for human occupancy shall be
connected to the public water and sewage disposal systems where feasible. On site
sewage disposal systems and private wells may be allowed within the urban service
area on a temporary basis. Such facilities shall be designed so as to be easily
connected to the public systems. If an on site sewage disposal system or private
well fails and a property has access to city facility, the property must connect to the
public system. All private on site sewage disposal systems within the urban service
area shall conform with all other standards adopted by the city for their design,
installation and maintenance.
B. Outside Urban Service Area: On site sewage disposal systems and private wells will
be permitted outside of the city's urban service area, as defined by the
comprehensive plan, only when all of the following conditions are met:
1. All on site sewage disposal systems and private wells shall be designed,
maintained and installed in accordance with applicable regulations of the
state department of health, the Minnesota Pollution Control Agency standards
and all other city regulations.
2. Where on site sewage disposal systems are to be utilized, the lot shall have a
minimum area of 1 1/2 acres of land on a slope of less than 13%, regardless
of more lenient zoning regulations.
3. No on site sewage disposal systems will be permitted in the following areas:
i. Areas where slopes are 18% or greater;
ii. Designated floodplains or wetlands;
iii. Within 75 feet from the normal high water mark of a body of water or
designated bluff lines; or
iv. Any other areas designated by the utilities element of the
Comprehensive Plan as unsuitable.
4. Special engineering of on -site sewage disposal systems may be required in
the following cases:
i. Areas where slopes are greater than 12% but less than 18%;
ii. Where percolation rates are slower than 60 minutes per inch or faster
than 5 minutes per inch;
iii. Where the ground water table is less than 5 feet deep;
iv. Where bedrock is within 5 feet of the bottom of the system; or
v. Where soil classifications require the use of alternative systems.
11-3-7: OFF-STREET PARKING AND LOADING
A. Purpose. The regulation of off-street parking spaces is intended to alleviate or
prevent congestion of the public right-of-way and to promote the safety and general
welfare of the public, by establishing minimum requirements for off-street parking of
motor vehicles in accordance with the use intensity of the various parcels of land or
structures.
B. Application. The regulations and requirements set forth in this section shall apply to
the required and nonrequired off-street parking facilities in all use zoning districts.
C. General Parking Requirements.
1. The term "floor area" is for the purpose of calculating the number of off-street
parking spaces is the sum of the gross horizontal areas of the several floors of
a building or portion thereof devoted to a particular use, including accessory
storage areas located within selling or working space, such as counters, racks
or closets, and any basement floor area devoted to retailing activities, to the
production of or processing of goods or to business or professional offices;
however, the "floor area" shall not include basement floor area other than area
devoted to retailing activities, the production or processing of goods, business
or professional offices. Only principal structure floor area contributes to parking
requirements.
2. Snow storage area(s) shall be provided so that the number of parking spaces
is not reduced below the minimum required. The City may initiate proceedings
to require that snow be hauled off the site if parking and circulation problems
related to inadequate snow -removal occur.
D. Use Of Parking Facilities:
1. No Class I commercial vehicles shall be allowed to park in a residential district,
except while making a pickup or delivery or performing a service. One Class I
commercial vehicle may be permitted to park on a residential lot by conditional
use permit in compliance with the following conditions:
i. The Class I commercial vehicle shall be kept within an accessory
building at all times.
ii. The hours of operation of the vehicle shall not adversely affect adjoining
property.
iii. The lot shall be 5 acres or more in size.
2. Off street parking accessory to dwelling units, either single- or multiple -family,
shall be allowed to have one class II commercial vehicle per dwelling unit on
the premises.
3. No auxiliary motors or engines on any commercial vehicle shall be allowed to
operate in residential districts unless making a pick up, delivery or performing
a service.
4. School buses designed to carry individuals may be parked in a residential
district during school hours only.
5. This section does not apply to agricultural equipment being used for agricultural
purposes.
E. Location of Parking Facilities. Required off street parking must be on the same lot as
is the principal building and must meet the following setback requirements.
1. Off street parking on a corner lot may not be located within any yard area
abutting a street.
2. Off street parking for all detached single-family lots must comply with minimum
setback requirements for accessory structures.
3. Except for the access point or where a joint drive serving more than one
property will provide better and safer traffic circulation; access drives, drive
aisles, and parking spaces for religious institutions, schools, public parking lots,
parks, and municipal facilities must set back 30 feet from the front, side, and
rear property lines.
4. Within all business zoning districts, off street parking spaces and/or garages
shall be located in areas other than a required yard; except, that parking may
be located in a rear yard to within 10 feet of the rear or side lot line and 20 feet
of front yard or adjacent to a public right-of-way or residential district.
5. Within all industrial zoning districts, off street parking spaces, drive aisles, and
truck staging areas must not be less than 20 feet from any street right of way
line, nor less than 10 feet from any interior side or rear lot line; except, that
when a side or rear lot line abuts a residential district, off street parking must
not be less than 100 feet from such lot lines.
F. Off Site Parking Facilities. When required accessory off street parking facilities are
provided elsewhere than on the lot on which the principal use served is located, written
authority for using such property for off street parking shall be filed with the city, so as
to maintain the required number of off street parking spaces during the existence of
such principal use. No such parking facility shall, at its closest point, be located more
than 100 feet from the premises nor more than 400 feet from the principal use or
building served.
G. Use of Parking Area for Use Other than Parking. Required off street parking space in
all districts shall not be utilized for open storage of goods or for the storage of vehicles
which are inoperable, for lease, rent or sale.
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H. Design and Maintenance of Off Street Parking Areas.
1. General Requirements. Access and parking areas shall be designed so as to
provide an adequate means of access to a public alley or street. Such driveway
access shall not exceed the driveway dimensions in section
of this code and shall be so limited so as to cause the least interference with
the traffic movement. Except for single-family, two-family, and townhouse
dwellings, head in parking, directly off of and adjacent to a public street, with
each stall having its own direct access to the public street shall be prohibited.
All parking spaces shall have access from driveways and not directly on a
public street.
2. Parking Spaces Striped. All parking spaces shall be striped with suitable paint
in accordance with approved plans except for single-family residences.
3. Calculating Space. When the determination of the number of required off street
parking spaces results in a fraction, each fraction up to and including of 1/2
shall be disregarded; fractions over'/2 shall count as one additional space.
4. Surfacing. All parking areas and driveways in the front yard of property in the
MUSA must be paved with asphalt, paver bricks, or concrete.
i. All parking surfaces in front of the front plane of the principal structure
must be in conformance with section of this code and must not
exceed 40% of the front yard area. A maximum width of 2 feet of
landscape rock or similar landscaping material may additionally be
permitted to border such parking or driveway area. The parking or
driveway surface may not encroach on any drainage and utility
easement, except the front yard drainage and utility easement abutting
the street.
ii. Any parking or driveway surface behind the front plane of the dwelling
must be one of the following: concrete, asphalt, class V gravel (minimum
6 inches compacted), landscape rock (minimum 6 inches compacted),
landscape paver blocks, or brick. All parking surfaces must be contained
within a solid edging or other border. The setback for parking surfaces
behind the front plane of the dwelling is the same as the setbacks for
accessory structures in the zoning district. Such parking or driveway
surface cannot encroach on any drainage and utility easements.
iii. All development in non-MUSA areas must have an asphalt or concrete
driveway between the roadway edge and the minimum front yard
setback line. The city, at its discretion, can require the entire or greater
portion of the driveway to be paved if erosion or drainage problems are
experienced on public or private land. This requirement also applies to
open sales lots.
5. Curbing. All open off street parking areas and loading areas designed to have
head in parking along the perimeter of the off street parking area or loading
area shall provide a concrete curb or equivalent of adequate height approved
by the city
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6. Drive -Up Facilities. Business establishments containing drive -up facilities,
including restaurants and financial institutions, shall provide a motor vehicle
stacking area for vehicles on the site. A minimum of 6 vehicle spaces per lane
shall be provided. The vehicle stacking area shall not extend beyond the street
right of way line and shall be delineated in such a manner that vehicles waiting
in line will not interfere with nor obstruct the primary driving, parking and
pedestrian facilities on or off the site.
7. Bumper Overhang. The minimum parking space length may be decreased by
up to 2 feet for spaces which allow the bumper of the vehicle to project the
terminus of the parking space without obstructing other parking spaces or
vehicle circulation.
8. Turnarounds. All required parking spaces shall be accessed by adequate
maneuvering space. All dead end parking rows shall contain a turnaround area.
9. Parking Lot Design Standards: Parking areas shall be designed in conformance
with the following:
Parking Angle
(A)
Stall Width
(B)
Curb Length
(C)
Stall Depth
(D)
Aisle Width
(E)
01
9'
2 3'
9'
12'
20'
9'
2614"
15,
11'
30'
9'
18'
1714"
11'
40'
9'
14'
191211
12'
45'
9'
1219"
19,101,
13'
50,
9'
1119"
2015"
12'
60'
9'
1015"
21'
18'
70'
9'
918"
21'
19,
80'
9'
912"
2014"
24'
90,
9'
9'
20'
24'
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Required Off Street Parking. The following minimum areas shall be provided and
maintained by ownership, easement or lease, for and during the life of the respective
uses set forth below.
Animal Clinics and
Five spaces plus one space for each 500 square feet of floor
Kennels
area over 1,000 square feet.
Auto repair
At least 3 spaces per auto bay, plus 1 space for each employee
Banks and financial
At least 1 space for each 250 square feet of gross floor area
services
Boat and marine
4 spaces, plus 1 space for each 500 square feet of floor area
sales
over the first 1,000 square feet
Community,
10 spaces, plus 1 space for each 300 square feet of floor area
activity, and
in excess of 2,000 square feet of floor area in the principal
cultural centers,
structure, excluding courts, which require 2 parking spaces per
post offices,
court
miniature golf
ranges and other
entertainment
facilities, libraries,
museums and art
galleries
Funeral homes and
1 space per 3 seats based upon design capacity of assembly
mortuaries
area, plus 1 space for every 2 employees plus 1 space per
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company vehicle. Notwithstanding the above, a minimum of 10
parking spaces shall be provided.
Hospitals
At least 2 spaces for each patient bed
Hotels and motels
One space per sleeping unit, plus one space per day shift
employee plus one space for each 40 square feet devoted to
meetingor banquet rooms.
Manufacturing,
4 spaces, plus 1 space for each 400 square feet of floor area
fabricating and
processing
Motor fuel stations
Four spaces plus two spaces for each service stall. Those
and motor fuel
facilities designed for sale of other items than strictly automobile
station
products, parts or service shall be required to provide additional
convenience stores
parking in compliance with other applicable sections of this
Chapter.
Multiple -family
At least 2 spaces per dwelling unit in the multi -family residential
dwellings
districts. Additional spaces for visitor parking shall be provided
based on the development characteristics and anticipated
demand for visitor spaces as determined by the city, or
additional parking spaces for visitor parking shall be provided
based on 2 spaces for every 10 units
Day Care Facilities
One space for each employee, plus one space for each six
child and/or adult
individuals of licensed capacity.
Office including
One space for each 250 square feet of floor area for the first
clinics for human
100,000 square feet, plus one space for each 350 square feet of
care
floor area thereafter.
Open sales lots
1 space for each 2,000 square feet of land up to the first 8,000
square feet, plus 1 space for each 4,000 square feet of land up
to a parcel of 24,000 square feet, plus 1 space for each 6,000
square feet thereafter
Places of Worship
At least 1 space for each 4 seats, based on the design capacity
of the main assembly hall
Restaurants
At least 1 space for each 3 seats, based on capacity design or
where there is no design layout, 1 space for each 50 square feet
of ross floor area, whichever is greater, plus employee parking.
Restaurants; drive-
1 space for each 3 seats based on capacity design, plus
in or convenience
employee parking. Six spaces of stacking of a drive-thru facility.
food
Retail
At least 1 space for each 200 square feet of gross floor area.
Shopping Center
One space for each 200 square feet of leasable floor area for
the first 60,000 square feet, plus one space for each 350 square
feet of leasable floor area thereafter. The number of parking
spaces provided shall not exceed the minimum requirement by
more than 10 percent
Senior citizen
At least 1 space for each 6 beds for which accommodations are
housing
offered, plus 1 additional space for each 15 beds, plus 1 space
(dependent)
er em to ee
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Schools,
At least 1 space for each classroom, plus 1 additional space for
elementary and
each 100 student capacity
junior high
Schools, post-
At least 1 space for each 10 students, based on design
secondary
capacity,plus 1 additional space for each 2 classrooms
Self-service
2 spaces per bay
passenger vehicle
car wash
Senior citizen
At least 1.5 parking spaces for each unit.
housing
(independent)
Single-family
At least 2 spaces for each dwelling unit. A garage may fulfill this
dwellings
requirement. However, a building permit shall not be granted to
convert a garage to living space unless other acceptable
provisions are made to provide the required parking space
Theaters, ball
At least 1 space for each 3 seats of design capacity
fields, stadiums,
ice rinks and
arenas
Two-family
At least 2 spaces per dwelling unit, but not more than one 2-car
dwellings
garage per dwelling unit
Wholesale
At least 1 space for each 2,000 square feet of gross floor area
business, storage
for any building used solely in a storage capacity. For mixed use
and warehouse
building where storage and warehousing is an incidental use to
establishment
other activity, required parking spaces shall be based upon the
s ecific re uirements for each use appearing in this section
Uses not
Parking space requirements shall be determined by, but not
specifically noted
limited to, characteristics for the most similar use
11-3-8: RELOCATION OF STRUCTURES:
A. Permit Requirements.
1. Permit Required. Every licensed house mover shall, in each and every
instance, before raising, holding up or moving any building, obtain a permit
therefor from the building official.
2. Application for Permit; Content. An application for such permit shall designate
the origin and destination of such building, the route over which it is to be moved
and shall state the time in which the moving of such building shall be
accomplished.
3. Condition. No permit to move a building shall be issued unless and until the
following conditions are fully complied with and approved by the building
official:
i. The building to be moved, after being moved, must be worth at least
50% of the cost of a similar new building, as determined by the building
official.
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ii. The finance director must certify that all the sewer charges and water
bills payable against the property from which the building is to be moved
have been paid, and the director of public works shall affirm that all
sewer and water connections have been plugged or discontinued at the
curb line or at the main; that all cesspools, septic tanks and cisterns have
been filled, all other hazards have been eliminated and all taxes against
the property have been paid in full.
iii. The building to be moved must comply in all respects with the city
building code and other applicable ordinances; provided, that the person
proposing that a building be moved may present to the building official
complete and detailed plans showing changes which will be made in
order to attain compliance with such ordinances. In the event that such
changes are proposed, a permit authorizing the moving of such building
shall not be issued until the owner has agreed in writing to complete the
necessary changes within a period of one year, the building official has
approved the plans, the building permit fee has been paid and the
building permit issued.
B. Moving from without to within City Limits:
1. Any person desiring to move any building to within the limits of the city from
outside such limits shall comply with the following additional requirements:
i. The applicant shall notify the city building official during the process of
the construction of such building, in sufficient time to allow the building
official to make all necessary inspections in order to determine whether
such building complies with the applicable ordinances of the city.
ii. The building official is hereby authorized and required to make the
inspections provided for herein, upon compliance with the foregoing
requirements.
W.
CHAPTER 6
PERFORMANCE STANDARDS
11-6-1: PURPOSE:
The purpose of this Chapter is to establish general development and building
performance standards. These standards are intended and designed to assure
compatibility of uses, to prevent urban blight, deterioration and decay; and to enhance
the health, safety and general welfare of the residents of the community
11-6-2: EXTERIOR STORAGE:
A. Purpose. The presence and accumulation of excessive amounts of material and
equipment on real property creates unsightly conditions that may reduce the value of
real property, create fire and safety hazards, promote blight and deterioration in the
community, and attract rodents and other vermin. Therefore, accumulation and
improper storage of personal property, material and equipment in violation of this
chapter is declared to constitute a public nuisance and may be abated as such, which
remedy shall be in addition to any other remedy provided in this code or by state law.
B. Agricultural Districts. Agricultural equipment and materials may be located on
agricultural use property if they are used or usable and intended for use on the
premises.
C. Residential Districts. All materials and equipment shall be stored within a building or
be fully hidden with a solid fence or wall so as not to be visible from adjoining
properties except for the following items which are in use, or usable, and in good
condition and limited in quantities to that normally associated with residential use:
1. Clothesline pole and wires;
2. Swings, slides and other recreational play structures;
3. Outdoor furniture, lawn decorations, nonmotorized lawn and garden
equipment, and outdoor cooking equipment;
4. Construction and landscaping material and equipment that are used or
intended for use on the premises within a 6 month period;
5. Off street parking or storage of vehicles and recreational vehicles as permitted
by City Code.
6. Trash and garbage receptacles that comply with the standards set forth in
section of this code; or
7. Firewood stacks in any residential district that comply with the standards set
forth in subsection of this code.
8. Storage pods up to 90 days on an improved surface.
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D. Business Districts. No exterior storage allowed except as an interim use under
pursuant to chapter 11.
E. Industrial districts. All business, service, storage, merchandise, display, repair, waste
disposal, and processing must be conducted wholly within a building, except for off
street vehicular parking, and off-street loading and uses specifically listed as including
outdoor storage. Outdoor storage is allowed pursuant to chapter 11, when the
following standards are met:
1. All outdoor storage areas must be completely screened from all public streets
and adjacent properties. Such screening must include a combination of earth
berms fences, walls, and/or landscaping.
F. No exception listed in this section shall be construed to avoid other restrictions
imposed by City Code or any conditions imposed on any conditional use permit.
11-6-3: TRASH ENCLOSURES
A. Application. This section applies to property in the business districts, industrial districts
and residential properties with shared trash enclosures.
B. Closed Containers Required. All waste material, debris, refuse, or garbage shall be
kept in an approved closed container designed for such purposes.
C. Specifications For Enclosure Structures: For all new construction or major alterations
to existing structures, the following standards apply to the placement and construction
specifications of trash enclosure structures:
1. The trash enclosure structure must be setback 10 feet from all property lines.
2. Such structure shall be situated on a poured in place concrete base, which shall
be extended a minimum of 6 feet beyond the door opening to the structure.
3. The walls shall be a minimum of 6 feet in height and shall be a masonry material
or composite fencing consistent with the principal structure. No roof is required.
4. The door opening shall a maintenance -free opaque material. Use of chain link
with vinyl slats is not permitted.
11-6-4: MECHANICAL EQUIPMENT SCREENING REQUIREMENTS:
A. Screening Required.
1. Rooftop mechanical equipment as viewed from ground level at a variety of
locations must be screened by a raised parapet; or with comparable and
compatible exterior building materials.
2. Standards for mechanical equipment screening:
i. Incidental rooftop equipment deemed unnecessary to be screened by
City Staff must be of a color to match the roof or the sky, whichever is
more effective.
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ii. Metal cabinets used to enclose and protect rooftop mechanical
equipment must not substitute as screening.
3. All ground mounted mechanical equipment accessory to the principal structure
30 inches or greater than 12 cubic feet shall be screened from public views with
landscaping, berming, or screen wall, except single dwelling unit and double
dwelling unit buildings.
11-6-5: GLARE AND LIGHTING
A. In all districts, any lighting used to illuminate an off street parking area, sign, building,
or yard shall be so arranged as to deflect light away from any adjoining residential
zone or from the public streets and will be compatible with adjacent lighting in adjoining
districts.
1. Reflected glare of spill light shall not exceed 0.5 foot-candle as measured on
the property line when abutting any residential parcel.
2. Reflected glare of spill light shall not exceed 1 foot-candle as measured on the
property line when abutting any business or industrial parcel.
B. Streetlights installed in public rights of way shall be exempt from these standards.
C. Direct or sky reflected glare, whether from floodlights or from high temperature
processes, such as combustion or welding, shall not be directed into any adjoining
property.
D. Exterior lighting shall be employed to limit glare and spill light to protect neighboring
parcels and to maintain traffic safety on public roads. These measures shall include
lenses, shields, louvers, prismatic control devices, and limitations on the height and
type of fixtures. The city may also limit the hours of operation of outdoor lighting if it is
deemed necessary to reduce impacts on the surrounding neighborhood.
E. No flickering or flashing lights shall be permitted. Holiday lighting shall be exempt from
this provision.
11-6-6: GRADING, FILLING AND EXCAVATION
A. General:
1. Actions Requiring Grading Permit: No person shall undertake, authorize, or permit
any of the following actions without first having obtained a grading permit from the City:
a. Any excavating, grading, filling, or other change in the earth's topography
resulting in the movement of more than twenty (20) cubic yards of material, except in any
wetlands, designated floodplain, or shoreland district. A permit is not required in
conjunction with a council approved mining permit;
b. Earthwork undertaken in accordance with grading plans approved in
conjunction with a site and building plan review, rural subdivision or plat approval;
c. Any excavation, grading, or filling in a wetland, designated floodplain, or
shoreland district.
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2. When Grading Permit Not Required: No grading permit shall be required under
subsections Ala and Al b of this section for any earthwork that will result in moving less
than twenty (20) cubic yards of material but any grading activity must comply with
subsection D of this section, grading standards.
3. Grading Permits As Interim Use: All grading permits which would result in the
moving of more than one thousand (1,000) cubic yards of material per acre of site area
shall be reviewed as a interim use permit as specified in section 11-2-10 of this title when
not in conjunction with a mining permit, preliminary plat, development plan or site plan
review process.
4. Plan Approved: The plan must be approved, where required, by appropriate
watershed districts, the United States Army Corps of Engineers, the Minnesota
Department of Natural Resources, and any other governmental agency that has
jurisdiction.
5. Postconstruction Stormwater Management: Postconstruction stormwater
management standards in sections 3 and 7 of the city's surface water management plan
shall apply to all grading and development activities.
A. For projects subject to the NPDES Construction Stormwater General
Permit, within the City's jurisdiction, and that discharge to the City MS4, applicants
must:
a. Comply with the NPDES Construction Stormwater General Permit
provisions,
b. Must submit site plans to the City for review and confirmation of measures
to meet the requirements to prevent or reduce water pollution after
construction activity is complete.
B. Project applicants must treat the water quality volume determined by the applicable
provisions of the:
a. NPDES Construction Stormwater General Permit, and
b. NPDES Small Municipal Separate Storm Sewer System (MS4) General
Permit, and
c. City Surface Water Management Plan.
6. Requirements: In addition to all other plan requirements in this chapter, any
applicant disturbing an amount of total land area equal to or exceeding the threshold
amount described by current national pollution discharge elimination system (NPDES)
requirements shall comply with the following additional requirements:
a. All applicable erosion, sediment, and waste controls must be designed and
installed per the MPCA's current Construction Stormwater General Permit, and
b. The property owner shall apply for and be issued an NPDES Construction
Stormwater General Permit from the MPCA; and
c. The property owner or applicant shall submit to the city an approved copy of the
erosion and sediment control plan as required for the NPDES Construction Stormwater
General Permit by the MPCA.
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B. Grading Permit Application Requirements: Application for grading permit approval
may be initiated by the owner, user or potential user of the subject property by making
application in writing to the planning division, on such forms as may be designated.
The grading plan shall contain the following minimum information and any other items
that the planning division considers necessary for the proper consideration of the
application:
1. General Information:
a. Legal Description Of Property: The legal description of the property and
evidence of ownership or an interest in the property;
b. Permittee Signature: A signature by the permittee, or his authorized agent, and
the property owner;
c. Names, Contact Information: Names, addresses, and phone numbers of the
record owner, any agent having control of the land, the land surveyor, the engineer, and
the designer of the plan;
d. Location Map: A location map, including area within one- half (112)mile offnesife;
e. Property Survey: Property survey with boundary line of property and property
dimensions; an arrow indicating the direction of north; a scale, using a graduated line,
which represents the drawn dimensions in relation to actual size of the project site, usually
in number of feet per inch;
f. Training: The applicant must identify a person knowledgeable and experienced
in the application of erosion prevention and sediment control BMPs who will oversee the
implementation of the SWPPP, and the installation, inspection and maintenance of the
erosion prevention and sediment control BMPs before and during construction. Name of
person(s) trained, proof of training, date and course name/provider must be on record
and made available as part of the permit application.
g. Date: Date of plan preparation; and
h. Engineer/Surveyor Signature: A signature by a registered engineer or land
surveyor.
2. Site Information:
a. Existing and proposed final grades utilizing a minimum of two foot (2') contour
interval (at least 100 feet beyond the property boundary);
b. All hold down elevations;
c. The location of any existing or proposed buildings, structures, fences and
retaining walls, walks, roads, drives, and parking areas on the property where the work is
to be performed and those on land of adjacent owners which are within fifteen feet (15')
of the property or which may be affected by the proposed grading operations;
d. A delineation of all streams, rivers, ponds, public waters, designated floodplain,
shoreland, and wetlands located on and immediately adjacent to the site, including depth
of water, a statement of general water quality and any classification given to the water
body or wetland by the Minnesota department of natural resources (include MN DNR
number and ordinary high water level), the Minnesota pollution control agency, the fish
and wildlife service, and/or the U.S. corps of engineers; and
e. Utilities and utility right of way and easements, including electric, natural gas,
telephone, water (domestic and fire), and sewer (sanitary and storm).
3. Plans Required: The following plans are also required and may either be included
on the site plan or separately, meeting the general application requirements and
information:
a. A drainage plan that includes the directional flow for the different drainage
areas, any engineering work for stormwater control and retention that may be necessary,-
b. A tree preservation plan consistent with the application requirements of
subsection 11-6-6C of this chapter;
c. An erosion control plan indicating the type and location of temporary and
permanent erosion control, sediment control, and soil stabilization measures to be used
and a progress schedule addressing the critical dates of completion for erosion control,
grading, seeding and related site work;
d. A landscaping and site restoration plan including species, sizes, descriptions,
and locations; and
e. If more than ten (10) acres are disturbed and drained to a single point of
discharge temporary sediment basins must be installed. When site restrictions do not
allow for a temporary sediment basin, equivalent measures as approved by the city may
be used.
4. Fees And Financial Guarantee:
a. The fee required in the permit application as adopted by the annual city council
ordinance establishing fees; and
b. A financial guarantee, in the form of a cash escrow or letter of credit, of one
hundred fifty percent (150%) of grading costs, or an amount sufficient to ensure
compliance with the approved permit and adequate site restoration, whichever is greater.
The amount shall be based upon the size of the site, sensitivity of its surroundings, extent
of grading, amount of material moved, necessary site restoration, and potential impacts
upon public facilities, including damage to public roadways and property.
5. Additional Information: In addition to the items enumerated above, the city may
require submission of the following:
a. A development concept plan indicating how the recontoured parcel may be
developed in a manner consistent with city ordinances and the city's comprehensive plan;
b. A description of traffic movements to and from the site to ensure grading activity
does not have a significant adverse effect on roads, intersections, or development in the
area; and
R
c. Such other information as may be required by the city.
C. Administrative Review:
1. Grading plans that would result in moving more than twenty (20) but less than one
thousand (1,000) cubic yards of material per acre must be approved by the planning
division. Grading plans within wetland, floodplain or shoreland districts will also be
administratively reviewed unless city council review is required by ordinance or state
regulations.
2. Individual items on the grading plans may be waived only with the approval of the
director of community development.
3. Upon receipt of a completed application, the city shall review the application and
notify the applicant by mail of the decision to approve or deny the application. Grading
permits shall be issued only for grading plans providing for adequate drainage,
stormwater retention, and erosion and sediment control measures. The planning division
may impose such modifications and conditions as may be necessary to protect the public
interest.
4. Any applicant aggrieved by a decision of the planning division may appeal the
determination to the planning commission in accordance with subsection 11-2-6 of this
title.
5. The owner shall arrange for a premeeting with city planning staff to discuss the
project schedule and to address other matters of concern before the grading permit is
issued.
6. The city shall have the authority to revise a grading permit if on site conditions or
changing conditions make the original grading permit ineffective.
7. The city shall inspect the site for installation of appropriate erosion control, tree
protection barriers, and other devices prior to issuance of the final grading permit.
8. The permittee shall notify the planning division when the grading operation is
ready for final inspection. Final approval shall not be given until all work, including
installation of all drainage facilities and their protective devices, and all erosion and
sediment control measures have been completed in accordance with the final approved
grading plan signed by the city.
D. Grading, Filling, And Excavating Standards:
1. Vegetation And Ground Cover: The plan shall maximize the preservation of trees
and existing vegetation on the property according to sections 11-6-20 and of this
chapter and the following:
a. Prior to commencement of grading, all trees identified for preservation shall be
field identified and grading limits cordoned with a suitable barrier such as snow fencing
by the applicant and verified by the city staff. The barrier shall be located to coincide to
the extent practicable with the drip line of trees to be preserved;
b. Finished grades shall have a minimum topsoil of at least four inches (4");
c. Stabilization of all exposed soils (including stockpiles) must be initiated
immediately whenever the construction activity has been permanently or temporarily
ceased on any portion of the site and will not resume for a period exceeding fourteen (14)
calendar days. Stabilization must be completed no later than fourteen (14) calendar days
after the construction activity for that portion of the site has been permanently or
temporarily ceased; and
d. All exposed soil areas within one hundred feet (100') of a water of the state or
storm drain inlet, or conveyance channel within one hundred feet (100') of a water of the
state, shall have temporary or permanent cover, consistent with current NPDES permit
guidelines; and
e. In instances where an existing natural or created buffer will be impacted by
grading or filling operations, site restoration shall be completed by the permittee in a
manner which resembles, to the extent possible, the original vegetative and topographic
state of the property, when deemed appropriate by the city; and
f. Any activity which changes the land surface, including removing vegetative
cover, excavating, filling, grading, construction of any structure, or alteration of the
topographic state of the property, and creates erosion or sedimentation problems,
flooding, ponding and/or negatively alters water drainage shall be corrected by the owner,
or designee as determined by city staff.
g. Permanent sediment basins should be designed and constructed with a
maintenance access route from an established public right of way. This route shall be a
minimum of twenty five feet (25) in width and be at a maximum grade of five to one (5:1)
at the point of access to the basin. Sediment basins and their maintenance shall be
completed in accordance with accepted design criteria, standards and specifications
found in the MPCA publication "Protecting Water Quality In Urban Areas".
2. Grading Or Development Activities: The plan and grading activity must comply
with the following:
a. Land shall be developed in phases of workable size such that adequate erosion
and sediment control measures can be provided as construction progresses. The
smallest practical area of land shall be exposed at any one period of time;
b. For soil stockpiles greater than ten (10) cubic yards, the toe of the stockpile must
be at least thirty feet (30') from any road, drainage channel, stormwater inlet, or water of
the state. Erosion from stockpiles shall be controlled by placing appropriate barriers
around the pile as necessary to contain sediments. If these measures do not adequately
control the erosion, the piles shall be stabilized by mulching, vegetative cover, tarps, or
other means. In street utility repair or construction, soil stockpiles located closer than thirty
feet (30') of a roadway, drainage channel, stormwater inlet or water of the state must be
covered with tarps or suitable alternative control. All stockpiles shall have adequate
sediment control measures surrounding its perimeter;
c. All storm drain inlets shall be protected during construction, until permanent
control measures are in place, with a temporary measure such as straw bales, silt fence
E'
or equivalent barrier meeting accepted design criteria, standards and specifications found
in the MPCA publication "Protecting Water Quality In Urban Areas";
d. A temporary rock pad entrance must be installed at all points where vehicles
exit a land alteration site and must be constructed prior to commencement of grading
activity. The rock pad is to be maintained to accommodate continuous removal of mud
from vehicles. The rock pad shall meet design criteria, standards and specifications found
in the MPCA publication "Protecting Water Quality In Urban Areas";
e. Streets abutting the site shall be swept as needed to remove any sediment
and/or debris that may accumulate due to land alteration activities. The city may require
street sweeping within twenty four (24) hours of verbal or written notification. If the street
is not swept, the city will clean the street and bill the owner or permittee, as determined
by the public works director;
f. Corrective action and landscape restoration for erosion or sedimentation
problems on neighboring properties, or any location other than the permitted site, shall
commence within twenty four (24) hours of written or verbal notification. Sediment
removal from wetlands should not commence without prior approval of the city;
g. Under no circumstances shall organic material or construction debris from the
site be buried;
h. Water pumped from the site, or from any dewatering operation associated with
the permitted activity, shall be treated by temporary sedimentation basins, grit chambers,
sand filters, upflow chambers, hydrocyclones, swirl concentrators or other appropriate
controls as appropriate, as determined by the city. Water may not be discharged in a
manner that causes erosion, sedimentation or flooding of the site or receiving channels
or a wetland;
i. The grading plan shall adhere to erosion and sediment control standards and
specifications contained in the MPCA publication "Protecting Water Quality In Urban
Areas" and the "Minnesota Construction Site Erosion And Sediment Control Planning
Handbook";
j. All erosion and sediment control devices including silt fence, gravel, hay bales
or other measures must be installed, consistent with the approved plan, and verified by
the city prior to commencement of grading activity. Silt fence shall be properly installed
by being trenched and buried at least six inches (6") into the soil. All erosion and sediment
control devices shall be removed from the construction site and properly disposed of or
recycled within thirty (30) days of the establishment of permanent vegetative cover on the
disturbed areas;
k. The grading plan must comply with the city's surface water management plan;
I. The plan shall not result in sites that are unsatisfactory for development of
permitted uses. The development potential of a site may be adversely impacted by such
matters as unsuitable finished grades, poor soil stability, unsatisfactory drainage or
exposure to deleterious influences such as highway frontage for residential property;
9
m. The plan shall include dust control measures such as daily or more frequent
watering if needed for dust suppression;
n. Drainage swales shall be constructed to divert stormwater runoff toward a
stormwater conveyance system or infiltration area for property treatment. Minimum
grades on drainage swales should be 1.5 percent;
o. Appropriate on site containment must be provided for all trash, solid waste,
construction debris, floating debris, and hazardous materials. Waste shall be disposed of
only in approved locations; and
p. Site grading activity cannot occur between the time period of seven o'clock
(7:00) P.M. and seven o'clock (7:00) A.M. except by special exception granted by the city
council.
3. Residential Standards: In general, residential developments should be designed
to reduce potential runoff to the extent practical. Specific design issues, in addition to
those regulations found within this section, may be addressed by the city during review
of a formal planning application. Residential development must comply with the following
additional standards:
a. Downspouts and drainage must be diverted away from impervious surfaces,
steep slopes and ravines to the greatest extent possible;
b. Side slopes between adjacent houses should not be greater than three to one
(3:1) slope unless the original soil and vegetation is left undisturbed or there is sufficient
area to construct a drainage swale to convey water away from the houses;
c. Prior to approval of a certificate of occupancy by the city, the owner and
permittee shall certify that lot grades meet the standards set in the original grading plan.
Such certification shall be completed by a registered surveyor. Lots occupied after
November 15 and before April 30 of each year shall come into compliance by May 31 of
each year. Survey certification requirements shall be guaranteed as part of the
subdivision agreement; and
d. For grades greater than four to one (4:1), a vegetative ground cover shall be
established within thirty (30) days of certificate of occupancy or no later than June 1 for
homes occupied between October 1 and May 1.
4. Slopes:
a. No natural hillsides steeper than eighteen percent (18%) shall be graded;
b. Slope protection shall consist of mulch, sheets of plastic, burlap or jute netting,
sod blankets, fast growing grasses or temporary seeding of annual grasses. Mulch
consists of hay, straw, wood chips, cornstalks, bark, or other protective material. Mulch
shall be anchored to slopes with stakes and netting, or shall be worked into the soil to
provide additional slope stability;
c. At the foot of each slope, a channel and berm shall be constructed to control
runoff. The channeled water shall be diverted to a sedimentation basin (debris basin, silt
basin or silt trap) before being allowed to enter any natural drainage system; and
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d. Along the top of each slope, a berm shall be constructed to prevent runoff from
flowing over the edge of the slope if determined necessary by the city. Where runoff
collecting behind the berm cannot be diverted elsewhere and must be directed down the
slope, appropriate measures shall be taken to prevent erosion. Such measures shall
either consist of an asphalt paved flow apron or drop chute laid flow apron. A riprap energy
dissipater shall be installed to prevent erosion at the discharge end.
5. Modification Of Plan: Control measures other than those specifically stated above,
or contained in the erosion and sediment control plan approved by the city, may be used
only upon expressed approval of the city, based on the determination that they will
effectively protect against erosion.
6. Inspections: Inspections and maintenance must be documented and readily
available for review on site. Inspections are required as follows:
a. Once every seven (7) days on exposed soil areas.
b. Within twenty four (24) hours after a 0.5 inch rain event over twenty four (24)
hours.
c. Once every thirty (30) days on stabilized areas.
d. As soon as runoff occurs or prior to resuming construction on frozen ground.
7. Maintenance: Maintenance is required as follows:
a. When sediment reaches half the height of the BMP on perimeter control
devices, sediment must be removed within twenty four (24) hours.
b. If the perimeter control device is not functional it must be repaired or replaced
within twenty four (24) hours.
c. Temporary sediment basins shall be maintained when sediment reaches half
the outlet height or half the basin storage volume. Basin must be drained or sediment
removed within seventy two (72) hours.
d. Sediment tracked from construction site vehicle entrance and exit locations
must be removed from paved surfaces within twenty four (24) hours of discovery.
e. Inlet protection devices must be cleaned when sediment reaches half the height
of the device.
8. Right Of Entry And Inspection: The permittee and property owner shall allow the
city and their authorized representatives, upon presentation of credentials:
a. To enter upon the permitted site for the purpose of obtaining information,
examination of records, conducting investigations or surveys.
b. To bring such equipment upon the permitted site as is necessary to conduct
such surveys and investigations.
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c. To examine and copy any books, papers, records, or memoranda pertaining to
activities or records required to be kept under the terms and conditions of the permitted
activity.
d. To inspect the erosion and sediment control measures required by the permit.
e. To sample and monitor any items or activities pertaining to permits issued by
the city.
f. To enter upon the permitted site for the purpose of correcting any grading
condition that presents an imminent hazard to persons or property. Except in the case of
emergencies, the city must notify the permittee of the condition to be corrected and
provide the permittee a reasonable opportunity (not less than 24 hours) to correct the
condition prior to entering the permitted site and performing the corrective work.
g. To enter upon the permitted site after the suspension or revocation of the permit
for the purpose of correcting violations or providing appropriate stabilization and ground
cover to address any erosion concerns. (Ord. 941, 3-4-2015)
E. Suspension Or Revocation: The city may suspend or revoke a grading permit
whenever the permit is issued in error or on the basis of incorrect information supplied,
or is found to be in violation of any local, state, or federal ordinance or regulation or any
of the provisions of this section. The city will provide written notice of the intent to suspend
or revoke the permit based upon the above criteria. If within seven (7) days of notification
to the permittee, the situation related to the revocation or suspension has not been
brought into compliance the permit will be considered null and void. The permittee may
request a hearing before the director of community development upon notice of the
violation.
The city may suspend grading activity if it is found that the grading activity is in violation
with this section or any conditions stated on the face of the approved grading permit. To
assure that the grading activity is being conducted in accordance with the conditions
stated on the permit and with the requirements of this section, the community
development director may make, at the expense of the person or firm conducting the land
alteration, those field measurements the community development director deems
necessary to assure that such conditions and requirements are being followed, such work
to be done at the direction of the community development director on an hourly basis at
the time charge fixed by the community development director.
F. Violations: Any person, company or organization who violates, fails to comply with,
or assists, directs, or permits the violation of the terms or conditions of an approved site
and building plan, landscape plan, or grading plan shall be guilty of a misdemeanor. Such
violation shall be a violation of the approved site and building plan, landscape plan, or
grading plan and shall render the approval or plan null and void.
11-6-7: ARCHITECTURAL DESIGN STANDARDS
A. Process. Architectural plans shall be prepared by an architect or other qualified person
and shall show the following:
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1. Elevations of all sides of the building;
2. Type and color of exterior building materials and table with material percentage
breakdown;
3. Typical floor plans;
4. Dimensions of all structures;
5. The location of trash containers and of exterior electrical, heating, ventilation,
and air conditioning equipment (not for Single Family); and
6. Additional plans deemed necessary by the City Staff.
B. Building orientation. Buildings shall be oriented so that at least one principal entrance
faces the public street rather than the interior of the site.
C. Exterior Materials. The main exterior wall surface of all buildings shall be constructed
of wood, brick, stone, cement board planks, glass, architectural concrete textured
surfaces or other materials of high quality as approved by City Staff. Unadorned pre-
stressed concrete panels, standard concrete block and unfinished metal, except
naturally weathering metals such as copper, shall not be permitted as exterior
materials for buildings. This restriction shall apply to all principal structures and to all
accessory buildings, including parking ramps, except those accessory buildings not
visible from any exterior lot line. Exterior materials of structures are subject to the
following:
1. Classes Of Materials. For the purpose of this subsection, materials are divided
into class 1, class 2, class 3, and class 4 categories as described below.
i. Class 1:
(a) Fired clay face brick
(b) Natural stone, synthetic or cultured stone
(c) Transparent glass, opaque or mirror window panels
(d) Other comparable or superior materials
(e) Cement board
ii. Class 2:
(a) Concrete brick
(b) Masonry stucco/synthetic stucco
(c) Exterior finish insulation system (EFIS)
(d) Specialty concrete block such as textured, burnished block or
rock faced block
(e) Tile
iii. Class 3:
(a) Architectural metal panels
(b) Vinyl siding
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(c) Architecturally finished precast concrete panels; grade A or B, but
not grade C
iv. Class 4:
(a) Glass block
(b) Smooth concrete block
(c) Smooth scored concrete block
(d) Steel or aluminum siding
(e) Wood
D. Architectural Design/Compatibility. The exterior architectural appearance of the
proposed structure shall compliment the existing structures within the immediate area,
or with the intended character of the applicable zoning districts, taking into
consideration building materials, size, shape and heights.
E. Window Treatment. The use of bars, chains or similar security devices that are visible
from a public street or sidewalk shall be prohibited.
F. Equal Facade Treatment. "360 degree architecture" is required, meaning that facades
must be designed to be viewed from all directions. At a minimum, the same window
types and similar trim detailing to the front elevation must be used on the side and
rear elevations. This requirement, however, shall not be applicable to walls or roof
surfaces which are completely screened from view by other buildings.
G. Residential Zoning Districts.
1. Single Family detached dwellings.
i. Width: The minimum width of the main portion of the structure shall be
not less than 20 feet, as measured across the narrowest portion.
ii. Placement: Every single-family dwelling shall be placed so that the
apparent entrance or front of the home faces or parallels the principal
street frontage, except where the lot size exceeds 1 acre.
2. Multi -family attached dwellings.
i. Width: The minimum width of the main portion of the structure shall be
not less than 20 feet as measured across the narrowest portion in
relation to townhomes, duplexes, and other housing products deemed
similar by the Community Development Director.
ii. Placement: Every shall be placed so that the apparent entrance or front
of the home faces or parallels the principal street frontage.
3. Apartments.
i. Materials: Residential buildings of more than 6 units and nonresidential
or mixed -use buildings must use at least 3 different class 1 materials
14
and be composed of at least 65% class 1 or 2 materials and not more
than 10% of class 4 materials.
ii. The following materials are not acceptable:
(a) Unadorned plain or painted concrete block;
(b) Tilt -up concrete panels;
(c) Synthetic stucco products;
(d) Reflective glass; and
iii. All building facades visible from a public street or walkway shall employ
material and design features similar to those of the front facade.
H. Business Districts.
1. Materials: Must use at least 3 different class 1 or 2 materials and be composed
of at least 65% class 1 or 2 materials and not more than 10% of class 4
materials.
I. Industrial Districts.
1. Materials: Must use at least 2 different class 1, 2 materials and be composed
of at least 65% class 1, 2 materials and not more than 10% of class 4 materials.
i. For Industrial only, architectural panels are considered a class 2
material.
a. In industrial districts no wall that faces a public right of way, parks, the public
view from adjacent properties or a residential use or district may have an
uninterrupted length exceeding 100 feet without including at least 2 of the
following: change in plane, change in texture or masonry pattern, windows,
or an equivalent element that subdivides the wall into human scale
proportions.
b. Grade C precast panels are prohibited.
11-6-8: LANDSCAPING
A. Purpose. Landscaping promotes immediate and long-term public health, safety,
economic stability and general welfare of the city. Landscaping improves the livability
of residential neighborhoods, enhances the appearance and customer attraction of
commercial areas, increases property values, improves the compatibility of adjacent
uses, screens undesirable views, and reduces air and noise pollution. Uniform
standards of development and maintenance of landscaping are established to
promote a reasonable balance between the right of individuals to develop and
maintain their property in a manner they prefer, while creating pleasant and attractive
surroundings for residents to live, work, shop and recreate.
B. Objectives. Required landscaped areas serve the following objectives:
15
1. Protect against soil erosion.
2. Reduce hazards of flooding.
3. Absorb carbon dioxide and supply oxygen.
4. Reduce the effects of noise, glare, dust and other objectionable activities.
5. Safeguard and enhance property values.
6. Promote the pleasant appearance and character of neighborhoods and cities.
7. Shade of plants promotes cooling effects.
8. Facilitate the safe movement of traffic.
9. Promote quality development.
10. Promote orderly growth.
11. Provide buffering and screening between different intensities of land use.
12.Aid in water conservation and water quality protection by requiring the use of
plant material native to this climate in landscaping and retention of existing
natural vegetation thereby reducing the need for irrigation, pesticides,
herbicides and fertilizers.
C. Minimum Landscape Requirements
1. Locations. The following areas of a site are required to be kept as landscaped
areas:
i. Parking lot.
(a) Perimeters. The area within 15 feet of a parking lot perimeter
shall be landscaped with clustered landscaped materials.
(b) Interiors. Parking lots with more than 25 parking stalls 7,500
square feet shall contain interior landscaped islands or other
landscaped traffic control or natural stormwater management
features making up at least 8% of the parking lot area in size,
meeting the following specifications:
(1) Islands adjacent to single vehicle perpendicular parking
rows must be a minimum of 5 feet wide and 16 feet in
length; islands adjacent to double vehicle perpendicular
parking rows must be a minimum of 5 feet wide and 32 feet
in length.
(2) Islands adjacent to single vehicle diagonal parking rows
must be a minimum of 80 square feet; islands adjacent to
double vehicle diagonal parking rows must be a minimum
of 160 square feet.
(3) Islands must be defined by concrete curbing.
(4) In lieu of multiple small freestanding landscaped islands,
internal landscape area requirements may be met by the
placement of large linear landscaped areas that define
traffic lanes and break up large hard surface expanses.
ii. Building perimeters.
W.
(a) The sides of a building that face a public street or parking lot shall
be landscaped for a length equal to 1/2 of the building dimension,
with the landscaped region having an average depth of 4 feet.
(b) Existing buildings that have difficulty providing building perimeter
landscape areas because of existing site conditions, may
substitute alternative landscape area designs to satisfy the
requirements of this section.
iii. Boulevards and right-of-way easements.
(a) Areas shall be sodded from the curb to the property line at the
time of the completion of the site landscaping.
(b) Plantings and locations of materials shall have the approval of the
Public Works Director prior to installation. All maintenance or
replacement of landscape materials is the sole responsibility of
the property owner.
(c) Areas in a dedicated public right -of- way or right-of-way easement
are not included in the calculations of the total minimum required
landscaping or open space of a site.
iv. Storage, loading and mechanical areas of a building.
(a) Screening must be provided around exterior storage, exterior
loading, service and mechanical areas to screen the uses from
view by adjacent property or streets.
(b) Screening may consist of fences, walls, earth berms and
landscape plantings. Fencing must be a city approved fence
design.
(c) Walls must be compatible with the architectural treatment of the
principal structure.
2. Groundcover. From back of curb to rear of lot line on a commercial, industrial
or residential site shall be sodded in all developed areas; properties within rural
residential or agricultural zoning districts may be seeded.
i. Exception. On sites of 5 acres or more, the Community Development
Director may approve plantings of native prairie grasses and wildflowers
in front yards, or side and rear yards adjacent to a public roadway. A
long-term maintenance strategy shall be provided for review and
approval prior by the Community Development Director.
D. Landscaping Materials.
1. Materials. All landscaping in required landscaped areas shall be
proportionately balanced with other features on the site and shall consist of a
combination of 3 or more of the following:
i. Sod;
ii. Mulch;
iii. Shrubs;
iv. Coniferous trees;
v. Ornamental trees;
17
vi. Overstory trees;
vii. Decorative rock;
viii. Decorative site amenities;
ix. Any other decorative landscape treatment;
x. Berms.
2. Size. The following table lists the minimum size requirements for landscaping
vegetation:
Vegetation
Caliper/Gallons
Height
Ornamental tree
1.5 inch
Overstory tree
2.5 inch
Coniferous tree
6 feet
Shrubs
18 inches
Street Tree
1.75 inch
i. Caliper Measurements. Caliper measurements shall be taken 6 inches
above grade for trees under 4 inches in diameter and 12 inches above
grade for trees larger than 4 inches.
3. Landscaping and installation standards.
i. Plant Materials. All plant material shall conform to and be installed in
accordance with the most current edition of the American Standard For
Nursery Stock as published by the American Association of
Nurserymen, and professional horticultural standards as established by
the most current edition of the Landscape Construction Reference
Manual as published by the Minnesota Nursery and Landscape
Association. All new trees shall be balled and burlapped for installation.
ii. Species: No required overstory trees shall include the following species:
any tree on the Minnesota Department of Natural Resources invasive
species list, ash, elm, or box elder tree.
E. Residential Developments. The minimum required tree and shrub requirements for all
residential developments are as follows:
Vegetation
Minimum
Single -Family
Townhouse
Multiple -
Type
Size
Dwellings
Developments
Family
Dwellings
Coniferous
6 feet
May be
1 per unit, but may be
Minimum of
trees
substituted for
substituted on a 1 for
30% of
any of the
1 basis for the
required
overstory
overstory deciduous
overstory trees
deciduous trees
trees
must be
(maximum of 2)
1
1 coniferous
18
Ornamental
1.5 inch
2 may be substituted
2 may be
deciduous
(caliper)
for 1 overstory
substituted for
trees
(maximum
1 overstory
substitution equals
(maximum
25% of required
substitution
overstory trees)
equals 50% of
required
overstory trees)
Overstory
2.5 inch
On lots 60 feet
1 per 40 linear feet of
1 per 40 linear
deciduous
(caliper)
wide or less: 2
site perimeter
feet of site
trees
per lot
perimeter, not
On lots greater
including the
than 60 feet
street tree
wide: 3 per lot,
no less than 2
different species
Shrubs
18 inch
10 per unit
5 per unit
1 per 5 linear
height
feet of site
perimeter
Street tree
2.5 inch
1 per adjacent
1 per unit
Not required
(caliper)
street
1. Street Trees
i. 1 tree must be planted in the front yard right-of-way of every subdivided
lot in a manner determined by the City Forester. Street trees may be
planted in the street boulevard or in the front yard of the lot as
determined by the City. On corner or double fronted lots, 1 street tree
must be planted on each side of the lot adjacent to a street.
ii. The location, size and type or species of trees planted shall be of mixed
varieties and shall be approved by the City Forester, and shall include
those with root structures unlikely to interfere with utility lines or
sidewalks or otherwise cause nuisance or damage.
iii. The minimum size of trees to be planted as street trees or right-of-way
replacement trees shall be 2.5 inches caliper.
iv. The City Forester shall review and approve proposed street tree
locations per the approved landscape plan.
v. On streets having sidewalks, street trees will generally be planted
between the curb and the sidewalk.
2. Residential landscape buffer along major roadways.
i. Purpose. The City recognizes the need to protect new residential
development from the detrimental effects of adjacent principal arterials,
minor arterials, and major collectors as defined in the City's
comprehensive plan ("Major Roadways"), including concerns for safety,
noise, light and glare, and emissions. In the interest of the health, safety,
19
and welfare of residents, new developments adjacent Major Roadways
must provide for landscaping and screening lying outside and parallel to
the road right-of-way.
ii. Requirements. For new residential developments that trigger a
preliminary and final plat and have rear lot frontage along a Major
Roadway, a landscape plan must be included that provides for trees, at
the rate of at least 1 tree per 40 feet of linear frontage, along the rear lot
frontage abutting the Major Roadway. A combination of trees, fences
and shrubs shall create a minimum of 50% year-round opacity at
maturity.
iii. Maintenance. The proposed residential development shall also include
a plan to protect and maintain the tree buffer. This could include a
homeowners association or some other form of protection as approved
by City Staff.
F. Business and Industrial Developments
1. Minimum vegetation requirements for open space: Each development must
have at least the minimum percentage open space shown in the following table:
All Nonresidential
B-2, B-3 and
Industrial
Uses In A G and R
P-B Districts
Districts
Districts, Mixed Use,
And B-1 Districts
Total gross
30 percent
20 percent
15 percent
development
site
1. The open space areas must not be covered by a building or other impervious
surface, and must be planted with trees, shrubs, flowers, native plant species
or similar plantings and covered with sod, landscape rock or mulch. Areas used
for demonstrated parking cannot be used to fulfill the open space requirement.
2. Tree and shrub calculations. The number of trees and shrubs required shall be
calculated by multiplying the site area in square feet by the coefficients in the
following table for each landscape material:
Zoning District
Overstory
Coniferous
Shrubs
Deciduous
All nonresidential uses in all AG and R
0.0002786
0.0002600
0.0006
districts, B-1, Mixed Use, and (site area minus
stormwater basins)
20
B-2, B-3 and P-B (site area minus stormwater
basins)
0.0001858
0.0001733
0.0004
Industrial (site area minus stormwater basins)
0.0001392
0.0001300
0.00039
G. Building permits and certificates of occupancy.
1. Financial guarantee. For new construction in industrial, business district and
residential districts with common lot landscaping, no building permit shall be
issued until the required landscaping plan has been submitted to and approved
by City Staff, and a cash escrow, or irrevocable letter of credit from a banking
institution, has been posted and approved by the city. The required financial
guarantee shall be 150% of the cost of the landscaping project. Once the
approved and required landscape has been installed, the city shall inspect to
verify completion and reduce the financial guarantee by 50%. The remaining
financial guarantee shall be in effect for one year from the date of verified
installation to ensure the installation, survival and replacement of the
landscaping improvements. The landscaping improvements must survive 1
year from the date of the installation, and any plantings that do not survive shall
be replaced.
2. Installation Of Landscaping: After an escrow or irrevocable letter of credit has
been posted, the landscaping material required in the approved landscaping
plan shall be installed within 6 months after the date of posting the bond or
irrevocable letter of credit. A 1-month extension of the planting period may be
granted by the Community Development Director upon a demonstration by the
property owner or developer that such an extension is warranted because of
adverse weather conditions or unavailability of required plant materials. No
more than 3 such 1-month extensions may be granted. The city may draw upon
any posted financial guarantee if the required landscaping improvements have
not been installed by the specified completion time or any plantings that have
not survived a period of one year have not been replaced.
H. Irrigation. Irrigation shall be provided for all sodded and landscaped areas. Said
irrigation shall consist of an underground sprinkling system that is designed by a
professional irrigation installer to meet the water requirements of the site's specific
vegetation. The system shall be detailed on the landscape plan. Systems are
permitted in the public right-of-way. The maintenance and repair of all private irrigation
systems placed in public rights -of -way shall be the responsibility of the system owner.
Irrigation systems that will interfere with any improvement projects in the public right-
of-way shall upon notification be moved by the system owner prior to the project
commencement. Any costs incurred as a result of irrigation systems that are not
removed after notification shall be the responsibility of the system owner. Irrigation
systems shall be so designed and installed that they do not spray across public streets
or sidewalks.
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I. Warranty. Plants shall be warrantied for 1 full growing season after installation. Plant
materials which exhibit evidence of insects, pests, diseases or damage shall be
treated when appropriate, and all dead plant material shall be removed and replaced
with another living plant that complies with approved landscape plan.
J. Public Landscaping Care. The city shall have the right to plant, prune, maintain and
remove trees, plants and shrubs within any public right-of-way or public grounds as
may be necessary to ensure the proper health of the vegetation or surrounding
vegetation, the general public safety or to preserve or enhance the symmetry and
beauty of such public ground.
K. Landscape Plan Submittal Requirements.
1. Plan Required. A detailed landscape plan prepared by a professional
landscape company, an accredited landscape technician or a landscape
architect registered by the state shall be submitted for review and approval by
the planning division with any application for a building permit for a new
structure, a site plan approval, or a subdivision approval. Each landscape plan
shall reflect the purpose statement of this section and shall be prepared to meet
the objectives and requirements.
2. Design Emphasis shall be placed on the following:
i. Screening parking view from public roadways and adjoining
properties.
ii. Enhancing driveway entrance areas.
iii. Promoting the maintenance of vital sightlines of the principal use on
the site.
iv. Mitigating the visual impacts of large areas of impervious surfaces.
v. Maintaining efficient traffic and parking control.
vi. Reducing the amount of uninterrupted blank walls.
vii. Reducing the amount of contiguous hard surface areas at building
entrances, along sidewalks and around other highly visible areas.
3. Plan Drawings. At the time of application, all of the following information shall
be indicated graphically and labeled clearly on a one dimension scaled drawing
electronic copy for all exhibits in the plan:
i. Property lines, easements, and other pertinent boundary information.
ii. Adjacent and intersecting street rights -of -way, widths, and street
names.
iii. Existing and proposed structures, buildings, walks, drives,
landscaping and parking areas (with number of spaces noted), and
any other structures. Existing items shall be differentiated from
proposed.
iv. Existing and proposed utilities and utility easements.
v. Existing and proposed 2 foot contour lines.
vi. Corner visibility triangle areas.
vii. Tree inventory and preservation plan.
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viii. Proposed plantings by location, scientific name, common name,
quantity, caliper and planting method.
ix. Total square footage of parcel, buildings, parking lot interior,
driveways, sidewalks, and required landscaped areas.
x. Location, height and material of proposed screening, fencing and
berms.
xi. Title block containing the following: date, name of project, name,
address and phone numbers of owner, and the identity of the party
who prepared the plan.
xii. Legal description.
xiii. North arrow.
xiv. Graphic scale of 1 inch equals 40 feet or larger.
xv. Adjacent land uses.
xvi. Fringe information within a distance of 150 feet from the project.
xvii. Vegetation management plan for areas planted with native prairie
grasses and wildflowers.
xviii. Property identification number.
11-6-9: TREE PRESERVATION
A. Purpose And Objective:
1. Purpose. Trees and woodlands are considered a valuable asset to the City of
Cottage Grove. The city places a priority on protecting this asset and finds that
it is in the best interests of the public to regulate the development and alteration
of wooded areas within the city. The city also finds that a certain amount of tree
removal is an inevitable consequence of the development process and seeks
to establish comprehensive standards related to reasonable tree removal and
preservation.
2. Objective. In order to achieve a realistic balance between tree protection and
development, the city has established standards that with compliance and
enforcement will:
i. Protect, preserve and enhance the integrity of the natural environment;
ii. Allow for orderly development within wooded areas;
iii. Minimize tree and wildlife habitat loss and maintain wildlife corridors;
iv. Protect privacy by maintaining buffers between land uses;
V. Increase and maintain property values;
vi. Prevent and reduce soil erosion and sedimentation;
vii. Promote sound stormwater management practices;
viii. Improve air quality;
ix. Reduce noise pollution;
X. Enhance energy conservation through natural insulation and shading.
B. Definitions:
23
ACTIVELY DEVELOPING SUBDIVISION: A residential subdivision that has an
approved tree preservation plan, and vacant platted lots controlled by a development
company that is actively promoting, selling, or building residential units.
CONIFEROUS TREE: A wood plant which, at maturity, is at least twelve feet (12') or
more in height, and which retains its green color year-round and does not drop its fronds
or needles in the winter.
CRITICAL ROOT ZONE: An imaginary circle surrounding the tree trunk with a radius of
one foot (1') per one inch (1") of trunk diameter, such that, for example, a twenty -inch
diameter tree has a critical root zone with a radius of twenty feet (20').
dbh: Diameter of a tree measured four and a half feet (45) above the ground.
DRIP LINE: The farthest distance away from the trunk of a tree that rain or dew will fall
directly to the ground from the leaves or the branches of the tree.
HARDWOOD DECIDUOUS TREE: A tree of one of the following species: ironwood,
oak, maple (hard), walnut, hickory, birch, black cherry, hackberry, or locust.
HEALTHY TREE: A healthy tree has:
1. A live top (live crown) that is greater than one-third (1/3) the total tree height,
2. Newly dead branches that make up less than fifteen percent (15%) of the total
crown,
3. Less than fifteen percent (15%) of the tree crown with missing branches,
4. Foliage that is dense throughout the live portion of the crown,
5. A tree trunk with open wounds that are less than one-third (1/3) the diameter of the
tree, no wounds in contact with the ground, and no wounds that have soft, punky
wood or other indication of decay.
LARGE WOODLAND TRACT: A wooded area greater than or equal to seven thousand
five hundred (7,500) square feet of contiguous or nearly contiguous canopy cover.
QUALIFYING TREE: A healthy tree meeting one of the following definitions: a
hardwood deciduous tree at least six inches (6") dbh, a softwood deciduous tree at least
eight inches (8") dbh, or a coniferous tree at least ten feet (10') in height, but no trees
consisting of the following species: any tree on the Minnesota Department of Natural
Resources invasive species list, ash, elm, or box elder tree.
SOFTWOOD DECIDUOUS TREE: A tree of one of the following species: cottonwood,
poplars, aspen, silver maple, basswood, or willow.
C. Prohibited Tree Removal: The removal of qualifying trees on any property by means
of clear cutting or in a systematic removal method shall be prohibited, except in
accordance with a city -approved tree preservation plan or agricultural
management/harvest plan, or unless it is excepted pursuant to subsection D.
24
D. Allowable Tree Removal:
existing qualifying inches
Mitigation according to
surpasses this threshold.
The following table establishes the maximum percentage of
on a project site that may be removed without mitigation.
he tree replacement schedule is required when removal
Land Use
Permitted removal threshold (percent of existing
qualifying inches)
Residential <10 units/acre
25%
Residential >10 units/acre,
Business/Commercial
40%
Industrial
50%
The following types of trees do not need to be included as part of the total
computation of tree removals:
i. Trees determined by the city or the project arborist to be dead, dying,
diseased, or seriously hazardous;
ii. Trees that were planted as part of a commercial business such as a
tree farm or nursery. The applicant shall provide evidence to support
the finding that the trees were planted as part of a commercial
business.
E. Exceptions: Tree removal is allowed without preservation plan in the following
circumstances:
1. The removal of individual qualifying trees on a developed single-family
residential lot that is not in a pending or actively developing subdivision.
2. The removal of shrubs, brush, buckthorn, and nonqualifying trees by a property
owner.
3. The removal of trees seriously damaged by storms, other catastrophic events
or disease, as verified by the city forester.
4. The removal of trees with potential to cause serious damage as determined by
the city forester.
5. The removal of 25 or fewer qualifying trees annually associated with agricultural
or commercial horticultural use. Properties in active agricultural production of
trees/tree farms shall have an agricultural management/harvest plan filed with
the city for planned tree removal in excess of 25 qualifying trees annually that
shall include the following:
i. Legal description of property.
ii. Crop/tree identification.
iii. Acres to be managed.
iv. Soil erosion control measures.
v. Removal staging plan.
F. Tree preservation plan. The tree preservation plan shall include separate plan sheets
with the following information:
25
1. Contact information of applicants, property owners, developer/builder, and
signature of the person preparing the plan, the certification, and employer or
firm.
2. Delineation of the existing buildings, structures, or impervious surfaces situated
on the site.
3. Delineation of the proposed buildings, structures, grading or impervious
surfaces planned on the site.
4. Delineation of all areas to be graded and limits of land disturbance.
5. Graphic identification of all existing qualifying trees.
6. Graphic identification of all qualifying trees proposed to be removed within the
construction area.
7. Measures designed to protect trees designated for preservation per the
requirements of subsections E9 and E10 of this section.
8. A listing of the total diameter inches of existing qualifying trees on the site
calculated per subsection E3 of this section. Two feet (2') in height of a
coniferous tree shall be counted as contributing one inch (1") to the total of
existing qualifying inches.
9. A listing of the total diameter inches of healthy qualifying trees proposed to be
removed. Two feet (2') in height of a removed coniferous tree shall be counted
as contributing one inch (1 ") to the total of removed qualifying inches.
10. Calculation of replacement trees required per the mitigation requirements of
subsections E6 and E7 of this section, if any.
11. Tree inventory prepared by a certified arborist that meets the following
requirements:
i. Table listing each qualifying tree on the site and specifying its
identification number (linked to a metal field tag placed on the tree's
trunk 5 feet from grade); species; size (dbh in inches for deciduous trees
and height in feet for coniferous trees); classification as hardwood,
softwood, or coniferous per the definitions of this section; and whether
the tree is to be preserved or removed. To facilitate the calculation of
total existing and removed qualifying inches, a proxy dbh value shall be
included in entries for coniferous trees, equal to 1 inch for each 2 feet in
height. A sample inventory table is depicted below:
TREE TAG
SPECIES
DBH
(INCHES)
HEIGHT
(FEET)
TYPE
STATUS
0001
Aspen
14
N/A
Softwood
Saved
0002
American
Elm
16
N/A
Softwood
Removed
0003
Black
Cherry
8
N/A
Hardwood
Saved
0004
Red Oak
1 19
1 N/A
I Hardwood
I Saved
W.
0005
Red
11.5*
23
Coniferous
Saved
(Norway)
Pine
0006
Colorado
15.5*
31
Coniferous
Removed
Spruce
N/A
N/A
1254**
N/A
Large
Undisturbed
Woodland
Tract
Existing Inches
I Qualifying
1338
*Proxy dbh value for coniferous trees: A number equal to one half the tree's height in
feet (not the tree's true diameter).
**Proxy dbh value for undisturbed large woodland tract: The number of inches
contributed to the total existing qualifying inches by an undisturbed large woodland tract
75,240 square feet in area
(75,240
60 = 1254).
Exception. For sites containing a large woodland tract within which no
qualifying trees will be disturbed, an alternative inventory meeting the
following requirements may be provided:
a. Trees within undisturbed large woodland tracts are not required
to be inventoried individually. Instead, the area of the undisturbed
tract may be measured in square feet (on site or by means of an
aerial photo) and divided by 60 to produce a proxy that shall be
counted as the number of inches the tract contributes to the total
qualifying inches.
b. All qualifying trees located on the site but outside of an
undisturbed large woodland tract shall be inventoried as
described in (i) above.
c. The site's total existing qualifying inches shall be the sum of the
inches contributed by undisturbed large woodland tracts and by
qualifying trees outside the tract.
G. Mitigation.
For any development or site in which the number of qualifying inches removed
exceeds the permitted removal threshold, the applicant shall mitigate the tree
loss in one of the following ways.
i. Planting replacement trees in appropriate areas within the development
in accordance with the tree replacement schedule; or
ii. Paying to the city a cash mitigation fee, based on the diameter inches of
required replacement in accordance with the tree replacement schedule.
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The cash fee in lieu of required replacement inches shall be in
accordance with the city's fee schedule, and payment shall be deposited
into the public landscaping initiative fund prior to tree removal activities.
2. Replacement trees planted in mitigation of excessive tree removal shall be
credited against any other city landscaping requirements.
3. Tree Replacement Schedule:
i. Quantity: Qualifying tree inches removed beyond the permitted
thresholds shall be replaced at a rate of 50%, equaling 1 replacement
caliper inch for 2 removed diameter inches.
ii. Size: Deciduous trees planted in mitigation of excessive tree loss shall
have a minimum caliper of 2.5 inches and coniferous trees shall be a
minimum of 6 feet tall.
iii. Species: Coniferous trees or hardwood deciduous trees shall be used
as replacement trees. One new conifer 6 feet in height shall be credited
as contributing 2 caliper inches to the total of required replacement
inches. Ornamental trees are not acceptable for use as replacement
trees. Where 10 or more replacement trees are required, not more than
33% of the replacement trees shall be of the same species of tree.
Applicants are encouraged to plant trees indigenous to the area. In no
case shall a tree of a species listed on the DNR invasive species list be
planted as a replacement tree.
4. Example calculation:
Total
Permitted
Inches
Inches
Excess
Replacement
Replacement
Replacement
Replacement
existing
removal
permitted
removed
inches
rate
inches
inch credits
trees (one
qualifying
threshold
to be
removed
required
possible
inches
removed
combination )
1500
50%
750
1000
250
50%
125
Hardwood
30 hardwood
deciduous:
deciduous and
2.5°
25 coniferous
Coniferous: 2°
H. Tree Protection Plan. The applicant shall implement the tree preservation plan prior
to and during any grading or construction activity. In addition, tree protection measures
shall remain in place until all land disturbance and construction activity is terminated
or until a request to remove the tree protection measures is made to, and approved
by, the city.
1. The applicant will hire a project arborist that is a certified arborist or forester to
assist with all facets of tree preservation on the site.
2. The applicant shall arrange for the city and project arborist to inspect the
construction site prior to the beginning of grading to ensure that protective
fencing and other protective measures are in place and installed correctly, if
requested by the city. Minor encroachment, grading, trenching, filling,
compaction, or change in soil chemistry may occur within the fenced areas
protecting the critical root zone of the trees to be saved under the direct
supervision of the project arborist.
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3. Qualifying trees designated for preservation which are found to be diseased, or
dying, or are not suited for location into the project may be removed without
penalty based upon the recommendation of the project arborist and in
agreement between the city and the applicant.
4. If a qualifying tree that was intended to be preserved is removed without
permission of the city, the applicant shall mitigate the unplanned tree removal
through replacement at a rate of 100%, that is, 1 replacement caliper inch will
be required for each 1 diameter inch of a removed deciduous tree, and 1
replacement foot shall be required for each 1 foot of height of a removed
coniferous tree. Alternatively, unplanned tree removal shall be mitigated by
payment of a cash fee equivalent to the cost of the number of new trees this
replacement rate would require, in accordance with the city forester's annual
determination of the costs of new trees.
5. The city shall have the right to inspect the development and/or building site in
order to determine compliance with the approved tree preservation plan. The
city shall determine whether compliance with the tree preservation plan has
been met.
6. Required Protective Measures: The applicant shall complete all
recommendations made by the project arborist, and shall implement the
following measures to be utilized to protect qualifying trees:
i. No grade change, construction activity, or storage of materials shall
occur within the drip line or critical root area of qualifying trees to be
preserved.
ii. Prevention of change in soil chemistry due to concrete washout and
leakage or spillage of toxic materials, such as fuels or paints.
7. Warranty. Any replacement tree which is not alive or healthy, as determined by
the city, or which subsequently dies, other than those damaged by storms or
other acts of God, or diseased, unless caused by construction activity, within
one (1) year after the date of project closure, shall be removed by the applicant
and replaced with a new, healthy tree meeting the same minimum size
requirements immediately after removal. The required landscaping letter of
credit may be retained by the city and used to ensure the applicant conforms
to this requirement.
11-6-10: Home Occupations:
A. Permitted Use. Home occupations are permitted as an accessory use to a residential
use of a property within all zoning districts within the city, subject to meeting the
performance standards established in this section.
B. Performance Standard.: A home occupation must conform to all of the following
standards.
1. No more than one person, other than the occupants of the dwelling, shall be
employed on the premises at any one time.
2. Identification signs shall conform to title 9, chapter 8 of this code.
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3. The appearance of the structure shall not be altered or the occupation within
the residence be conducted in a manner which would cause the premises to
differ from its residential character either by the use of colors, materials,
construction, lighting or advertising signs or the emission of sounds, odors,
noise, vibrations, heat, glare or electrical disturbances.
4. No home occupation shall be conducted in any accessory building that is
conducted in a manner which would cause the premises to differ from its
residential character either by the use of colors, materials, construction, lighting
or advertising signs or the emission of sounds, odors, noise, vibrations, heat,
glare or electrical disturbances.
5. The use shall not create substantial traffic. The number of customer vehicular
trips to the dwelling unit for the purpose of obtaining products or service shall
not exceed 10 per day. Vehicular trips related to package pick-ups and
deliveries for home occupations shall be limited to 4 per day and is restricted
to straight axle vehicles only. Any need for parking shall be off the street and
be located on approved parking surfaces.
6. No home occupation shall cause an increase in sewer or water usage so that
the combined total use for dwelling and home occupation purposes exceeds
the normal range for residences in the city.
7. Exterior storage or display of materials or equipment of any kind is prohibited.
8. No more than 25% of the principal structure may be devoted to home
occupation use.
9. Food related businesses must comply with Minnesota Statute 28A.152 and all
provisions of the zoning code.
C. Prohibited Home Occupations. The following uses shall not be permitted as home
occupations:
1. Adult uses.
2. Animal hospitals, pet shops, pet daycare.
3. Medical marijuana dispensary.
4. Medical and dental offices, clinics and laboratories.
5. Restaurants.
6. Stables or kennels, except as provided under section
7. Vehicle sales requiring a Minnesota dealers or wholesale license.
8. Vehicle, trailer or boat repair or service.
9. Other uses as determined by the zoning administrator.
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11-6-11: Donation Drop Boxes:
Donation Drop Boxes require an interim use permit with conditions regarding the time,
location, size and collection schedule.
11-6-12: Automobile Car Wash
A. The site and building(s) shall be designed to limit the effects of the washing operation
on adjacent properties and public rights of way. No car wash use shall be located
abutting any residential use or district, unless a public street separates the 2 uses.
B. The principal building shall be the primary source for screening the stacking and
exiting areas from adjacent properties and/or public rights of way. Landscaping and
berming shall be a secondary source for screening the stacking and exiting areas.
Should landscaping and berming be found ineffective by the city, the city may approve
screening walls and/or decorative fencing as an alternative. Screening walls
requirements:
1. Shall be constructed of the same materials as the principal building;
2. Shall not extend more than 25 feet without a change in architecture to reduce
their mass and appearance;
3. Stacking areas shall have a minimum of 90% opacity screen to a height of 6
feet; and
4. Exiting areas shall have a minimum of 50% opacity screen to a height of at
least 4 feet.
C. All overhead vehicle doors on the building shall remain closed except when a vehicle
is entering or exiting the building.
D. Commercial car washes shall have a minimum of 4 stacking spaces per wash stall.
E. Stacking lanes shall not interfere with circulation in any required parking, loading,
maneuvering or pedestrian area.
F. Untreated water from the car wash shall not be discharged into the storm sewer.
11-6-13: Vehicle Repair as Permitted or Conditional Use
A. Vehicle repair as a permitted use is subject to the following:
1. Vehicle repair uses within 100 feet from a residential use or residential zoning
district are prohibited.
2. All repair, assembly, disassembly or maintenance of vehicles shall occur within
a closed building, except minor maintenance, including tire inflation, adding oil,
wiper replacement and the like.
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3. Outdoor storage of tires, parts, materials and equipment is prohibited.
4. Vehicle repair uses shall designate on a site plan separate areas for customer
parking and parked vehicles awaiting repair or pick up.
5. Public address system outside a building is prohibited.
6. The hours of operation for a vehicle repair use shall be between 7:00 A.M. and
7:00 P.M., 7 days per week.
7. Auto body repair is prohibited.
8. Repair of commercial vehicle class I and class II is prohibited.
B. Vehicle repair as a conditional use is subject to the following:
1. The site and building(s) shall be designed to limit the effects of this use on
adjacent properties and public right of way.
2. All repair, assembly, disassembly or maintenance of vehicles shall occur within
a closed building, except minor maintenance, including tire inflation, adding oil,
wiper replacement and the like.
3. All overhead vehicle doors facing a residential use or residential zoning district
shall remain closed except when a vehicle is entering or exiting the building.
4. Outdoor storage of tire, parts, materials and equipment is prohibited.
5. Vehicle repair uses shall designate on a site plan separate areas for customer
parking and parked vehicles awaiting repair or pick up. Storage of inoperable
vehicles awaiting repair that are within 100 feet from a residential use or
residential zoning district must be enclosed from public view with a solid fence
that is 6 feet in height. A chainlink fence with slats is not acceptable.
6. Public address system outside a building is prohibited.
7. The hours of operation may be restricted to limit impacts to adjacent uses.
8. Auto body repair is prohibited.
9. Additional landscaping and screening on the site may be required to limit sight
and noise impacts on adjacent uses.
10. Repair of commercial vehicles class I and class II is prohibited.
11.Advertising signage facing residential uses is prohibited.
11-6-14: Self -Storage Facilities
Self -storage facilities require a conditional use permit and in addition are subject to the
following conditions:
A. Shall not allow maintenance of any vehicles on site, except for minor maintenance
such as tire inflation, adding oil, wiper replacement, and battery replacement.
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B. No businesses shall be allowed to operate out of the storage unit facilities.
C. Shall have a security system adequate to limit access to persons renting a storage
site.
D. Shall not be located closer than 300 feet to any residential use.
E. All drive aisles and parking surfaces must be surfaced with asphalt or concrete.
F. All storage space openings shall be oriented internally to the facility and shall not
directly face a public street or adjoining property if feasible.
11-6-15: Outdoor Seating or Dining
A. The seating area shall not be located within a required setback.
B. The seating area shall not interfere with circulation in any required parking, loading,
maneuvering or pedestrian area.
C. The seating area shall be located in a controlled or cordoned area acceptable to the
city with at least one opening to an acceptable pedestrian walk.
D. The seating area shall not be permitted within 150 feet of any residential use or district
as measured at the property line and shall be separated from residential use or district
by the principal structure or other method of screening acceptable to the city. The
minimum distance from a residential use or district may be reduced should the city
determine the applicant has added sufficient elements to reduce the impact of this
use.
E. No public address system or external music, live or recorded shall be audible from a
nonbusiness or nonindustrial use or district.
F. The seating area shall have an improved and maintained surface.
G. The seating shall be located so as not to compromise safety. Seating shall not obstruct
the entrance or any required exits or be located on landscaping or parking areas. If
located on private sidewalks or walkways, it shall be located so as to leave a minimum
of a 4 foot wide passage for pedestrians. Applicable building and fire codes for ingress
and egress shall be met.
H. Additional parking for 30 outdoor seats or less is not required. Any additional seating
over 30 seats shall provide required parking based on 1 space per 4 seats.
The outdoor seating area shall be subordinate to the principal use and shall not
exceed 30% of the square footage of the principal use building space. An outdoor
seating area exceeding 30% requires a conditional use permit.
J. The outdoor seating area shall be defined with the use of landscaping and/or
permanent attractive fencing.
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