HomeMy WebLinkAbout2022-10-24 PACKET WORKSHOP (CITY CODE TITLE 11 RECODIFICATION)MmCottage
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To: Members of the Cottage Grove Planning Commission
From: Amanda Johnson, Assistant City Attorney and Planning Staff
Date: October 24, 2022
Subject: City Code Recodification Work Session — Title 11 — Specific Zoning Provisions,
Administration, and Definitions
As you know, we have been working to repeal and replace the City's Zoning Code. At our last
meeting with you in September, we discussed Chapter 6 — Performance Standards and Chapter
3 — General Zoning Provisions. Tonight, we will discuss the final chapters of the code: Chapter
4 — Special Zoning Provisions, Chapter 2 — Administration and Enforcement and Chapter 1 —
Definitions. Attached for your review are the proposed ordinances.
As the Planning Commission, you are charged with overseeing the City's zoning regulations.
These remaining chapters, and the chapters you reviewed last month, provide the most detailed
rules that the City uses to manage, organize and regulate zoning. This means that like last
month, we will walk through every word of these chapters together! During the work session, we
will note important changes, seek your feedback and enter into related policy discussions.
Attachments:
Zoning Code Chapter 1, 2, and 4
DRAFT CHAPTER 1
PURPOSE AND DEFINITIONS; DISTRICTS
11-1-1: TITLE:
This Title shall be known, cited and referred to as the COTTAGE GROVE ZONING ORDINANCE, except as
referred to herein, where it shall be known as "this Title".
11-1-2: INTENT AND PURPOSE:
This Title is adopted for the purpose of:
A. Protecting the public health, safety, morals, comfort, convenience and general welfare.
B. Dividing the City into zones and districts and restricting and regulating therein the location,
construction, reconstruction, alteration and use of structures and land.
C. Promoting orderly development of the residential, business, industrial, recreational and public
areas.
D. Providing adequate light, air and convenience of access to property.
E. Limiting congestion in the public right of way.
F. Preventing overcrowding of land and undue concentration of structures by regulating the use of
land and buildings and the bulk of buildings in relation to the land and buildings surrounding them.
G. Providing for the compatibility of different land uses and the most appropriate use of land
throughout the City.
H. Providing for an orderly transition from a rural to an urban or suburban environment.
Establishing standards and procedures regulating land use.
11-1-3: RULES OF WORD CONSTRUCTION; DEFINITIONS:
The language set forth in the text of this Title shall be interpreted in accordance with the following rules
of construction:
A. Words used in the present tense shall include the future, and words used in the singular number
shall include the plural number, and the plural the singular.
B. The word "shall" is mandatory and not discretionary; the word "may" is permissive.
C. The word "lot" shall mean a buildable and properly zoned lot, unless otherwise defined herein
and shall include the words "piece", "plot", and "parcel".
D. The word "building" includes all other structures of every kind, regardless of similarityto buildings.
E. The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for",
"maintained for" and "occupied for".
For the purposes of this Title, the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
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ABUTTING: Having a common border with or being separated from such a common border by a right-of-
way, alley, or easement.
ACCESSORY APARTMENT: A separate dwelling unit contained within an existing single-family structure, to
be occupied by another family as a separate, complete housekeeping unit, isolated from the original unit.
The existence of separate cooking facilities shall distinguish an accessory apartment from the renting of
rooms for lodging purposes.
ACCESSORY STRUCTURE: An uninhabited subordinate building or structure that is detached from the
principal structure on the same lot, the use of which is subordinate to the principal use on the property.
ACCESSORY USE: A use incidental and subordinate to the principal use or building and located on the same
lot. In no case shall such "accessory use" dominate in area, extent, or purpose of the principal lawful use
or building.
ADULT USES: See Title 11, Chapter 5.
AGRICULTURAL BUILDING: A structure on agricultural land as defined in M.S. § 273.13, subd. 23,
designed, constructed and used to house farm implements, livestock, or agricultural produce or
products used by the owner, lessee, and sublessee of the building and members of their immediate
families, their employees, and persons engaged in the pickup or delivery of agricultural produce or
products.
AGRICULTURAL SERVICE: An establishment primarily engaged in performing agricultural, animal
husbandry or horticultural services of fee or contract basis including, but not limited to, agricultural
produce and dairy processing, crop dusting, and grain cleaning.
AGRICULTURAL USE: The use of land for the growing and/or production of field crops, livestock, and
livestock products, including but not limited to the following:
1. Field crops, including: barley, soy beans, corn, hay, oats, potatoes, rye, sorghum, and
sunflowers.
2. Livestock, including: alpacas, bees, dairy and beef cattle, deer, donkeys, goats, horses and
ponies, llamas, mules, sheep, pigs, hogs, chickens, turkeys, ducks and other poultry, fish, mink,
and game birds.
3. Livestock products, including: Milk, butter, cheese, eggs, meat, feathers, fur and honey.
4. Tree farms which are limited to the planting, growing and harvesting of trees.
ANTENNA: Any structure or device used for the purpose of collecting or radiating electromagnetic waves.
AUAR or ALTERNATIVE URBAN AREAWIDE REVIEW: An alternative form of environmental review to
determine impacts within a defined area as detailed in Minnesota Rules 4410.3610. The content and
format of an AUAR is similar to that of an EAW, but provides for a level of analysis comparable to that
of an EIS.
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AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or
trailers, including body work, framework, welding and major painting service.
AUTOMOBILE REPAIR, MINOR. The replacement of any part or repair of any part which does not require
removal of the engine head or pan, engine transmission or differential; incidental body and fender work,
minor painting and upholstering service. Above stated is applied to passenger vehicles and trucks not in
excess of 7,000 pounds gross weight.
BASEMENT: Any area of a structure, including crawl spaces, having its floor or base subgrade (below
ground level) on all four (4) sides, regardless of the depth of excavation below ground level.
BRICK. A unit of building material that is made of clay or shale and subjected to heat treatment at
elevated temperatures through a firing process. BRICK used as an exterior wall surface finish must meet
all of the requirements for anchored veneer as proscribed by the Uniform Building Code, current
edition.
BUILDING: Any structure having a roof which may provide shelter or enclosure of persons, animals or
chattels. When such structure is divided by party walls without openings, each portion of such building so
separated shall be deemed a separate building.
BUILDING HEIGHT: The vertical distance from the average elevation of the adjoining ground level, or the
established grade adjacent to the building, whichever is lower, to the top of the cornice of a flat roof, to
the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, the
uppermost point on a round or other arch type roof, to the highest gable on a pitched or hip roof.
BUILDING, PRINCIPAL: A building in which the primary use of the lot on which the building is located is
conducted.
CATERING: An establishment that prepares food for off -site consumption.
CEMETERY: A parcel or tract of land used or intended to be used as the final resting place of the dead,
including burial grounds, and mausoleums.
CITY COUNCIL: The city council of the city of Cottage Grove, Minnesota.
CLUB OR LODGE: A nonprofit association of persons who are bona fide members, paying annual dues. The
use of the premises is restricted to members and their guests. It shall be permissible to serve food and
meals on such premises; provided, that adequate dining room space and kitchen facilities are available.
Serving of alcoholic beverages to members and their guests shall be allowed; provided, that such serving
is secondary and incidental to the operation of the dining room for the purpose of serving food and meals;
and provided further, that such serving of alcoholic beverages is in compliance with the applicable federal,
state and municipal laws.
COLLOCATION: The location of two (2) or more antennas on a structure or structure.
COLUMBARIUM: A place such as a vault for the respectful and usually public storage of cremated human
remains within cinerary urns. Columbaria are accessory to places of assembly for worship, cemeteries or
mausoleums.
DAYCARE CENTER (CHILD OR ADULT): Any facility operated for the purpose of providing care, protection
and guidance to 10 or more individuals during only part of a 24-hour day. This term includes nursery
schools, preschools, day care centers for individuals, and other similar uses but excludes public and private
educational facilities or any facility offering care to individuals for a full 24- hour period.
COMMERCIAL HORTICULTURE: The growing of fruits, vegetables, flowers or plants for sale.
COMMERCIAL RECREATION: Commercial use of a building or premises for sports or leisure activities
and/or rentals.
COMMERCIAL VEHICLE, CLASS I: Vehicles including, but not limited to, the following: semitrailers, garbage
trucks, tank trucks, dump trucks, flatbed trucks, cattle trucks, trucks carrying or designed to carry explosive
or flammable materials, well drilling equipment, earthmoving equipment, school buses designed to carry
sixty-six (66) or more persons or other large vehicles similar either by use or size, except the tractor
portion of semitrucks.
COMMERCIAL VEHICLE, CLASS II: Commercial pickup trucks and vans, the tractor portion of semitrucks,
tow trucks, recreational vehicles which are used for commercial purposes and other commercial vehicles
not defined in "class I".
COMMON PROPERTY: Any open space or structure including parks, nature areas, playgrounds, trails
and recreational buildings and structures, which is an integral part of a development and is not owned
on an individual basis by each owner of the dwelling unit.
COMMON OPEN SPACE: A parcel or parcels of land or an area of water or a combination of land and water
within a residential development site which is designated and intended for the use and enjoyment of the
development's residents.
COMMUNITY CENTER: a facility owned and operated by a governmental agency or a nonprofit community
organization; provided, that the primary purpose of the facility is for recreation, social welfare, community
improvement, or public assembly.
COMPREHENSIVE PLAN: A compilation of goals, policy statements, standards, programs and maps for
guiding the physical, social and economic development, both public and private, of the city and its
environs. The plan includes a unit or part of such plan separately adopted and any amendment to such
plan or parts thereof.
CONDITIONAL USE: A specific type of structure or land use listed in the official control that may be allowed
but only after an in depth review procedure and with appropriate conditions or restrictions.
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COTTAGE FOOD OPERATION: An individual person who prepares, at the person's residence, non -
potentially hazardous food subject to requirements in M.S. § 28A.152, as it may be amended from time
to time.
COUNTY: Washington County, Minnesota.
DECK: A roofless platform, either freestanding or attached to a building, that is supported by pillars or
posts.
DENSITY GROSS: The number of dwelling units per gross acre of land.
DENSITY, NET: The total number of units divided by the total land area less major road rights -of -way
(arterials and collectors) and less wetlands protected by the Wetland Conservation Act provided that
right of way (including major roads) shall not be deducted if dedicated to the city at no cost.
DENSITY TRANSFER: The relocation of housing units or square footage of building area computed on part
of a building site to another part of the site resulting in an increase in density to the transfer area for the
purpose of preserving open space, forested areas, environmental or terrain features deemed worthy of
preservation by the City Council.
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.
DRIVE -THROUGH FACILITY: An establishment that, by design of physical facilities or by service or
packaging procedures, encourages or permits customers to receive a service or obtain a product while
inside their motor vehicle.
DWELLING UNIT: A residential building or portion thereof intended for occupancy by a single family but
not including hotels, motels or the like. There are three principal types:
1. Single-family detached: A free-standing residence structure designed for or occupied by one
family only.
2. Single-family attached: A residential building containing two or more dwelling units with one
common wall.
a. Duplex: A residence designed for or occupied by two families only, with separate
housekeeping and cooking facilities for each.
b. Townhouse: A residential building containing two or more dwelling units with at least one
common wall, each unit so oriented as to have all exits open to the outside.
c. Quadplex: A residential building containing four dwelling units with one common wall,
each unit so oriented as to have all exits open to the outside.
3. Multiple -family: A residence designed for or occupied by three or more families, either wholly
(attached) or partially a part of a large structure (detached), with separate housekeeping and
cooking facilities for each.
a. Apartment: A room or suite of rooms, available for rent which is occupied as a residence
by a single family, or a group of individuals living together as a single-family unit.
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b. Condominium: A form of individual ownership within a multi -family building with joint
responsibility for maintenance and repairs of the land or other common property.
c. Cooperative: A multi -unit development operated for and owned by its occupants.
Individual occupants do not own their specific housing unit outright as in a condominium,
but they own shares in the enterprise.
EASEMENT: The right of a person, entity, government agency, or public utility company to use public or
private land owned by another for a specific purpose.
EAW or ENVIRONMENTAL ASSESSMENT WORKSHEET. A brief document designed to assess the
environmental effects and set out the basic facts necessary to determine whether an EIS is required for a
proposed project or to initiate the scoping process for an EIS.
EIS or ENVIRONMENTAL IMPACT STATEMENT. A detailed written statement as required by M.S. §
116D.04, subd. 2a used to evaluate proposed projects which have the potential for significant
environmental effects.
EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so
that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood
flows.
ESSENTIAL SERVICES: Underground or overhead gas, electrical, steam or water transmission or
distribution systems; collection, communication, supply or disposal systems, including poles, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other
similar equipment and accessories in conjunction therewith; but not including buildings.
EVENT CENTER (INCLUDES CONVENTION, EXHIBIT HALL, BANQUET HALLS): A facility or hall available for
lease by private parties.
EXTERIOR STORAGE: The storage of goods, materials, equipment, manufactured products and similar
items not fully enclosed by a building.
FAMILY: An individual, or two (2) or more persons each related, living together as a single housekeeping
unit; or a group of not more than four (4) persons not related, maintaining a common household.
FARM: a tract of land which is principally used for growing and harvesting of crops and/or the keeping of
common domestic farm animals which shall include those necessary buildings, related to operating the
farm.
FARMERS' MARKET: An occasional or periodic market held in an open area or in a structure where groups
of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers,
arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from
booths located on -site.
FENCE: Any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located
along the boundary, or within the required yard.
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FLOOD: A temporary rise in the flow or stage of a stream or in the stage of a wetland or lake that results
in the inundation of normally dry areas.
FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may
be equaled or exceeded.
FLOOD FRINGE: That portion of the floodplain outside of the floodway. "Flood fringe" is synonymous with
the term "floodway fringe" used in the flood insurance study for Washington County, Minnesota and
incorporated areas.
FLOOD, REGIONAL: A flood which is representative of large floods known to have occurred generally in
the state and reasonably characteristic of what can be expected to occur on an average frequency in the
magnitude of the 100-year recurrence interval.
FLOODPLAIN: The beds proper and the areas adjoining a wetland, lake or watercourse which have been
or hereafter may be covered by the regional flood.
FLOODPROOFING: A combination of structural provisions, changes or adjustments to properties and
structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWATER: The water of any river, stream, drainage channel, low area lake or pond which is above
and/or outside the channel or banks of such river, lake, stream, drainage channel or pond.
FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the
adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
FLOOR AREA: Use parking definition
FRONTAGE: A boundary of a lot which abuts an existing or dedicated public street or private drive.
GARAGE, ACCESSORY: An accessory building or portion of a principal building having walls and a roof
which is used for the storage of motor vehicles and other items owned by the occupants of the principal
building.
GRADE (ADJACENT GROUND ELEVATION): The lowest point of elevation of the finished surface of the
ground, paving or sidewalk within the area between the building and the property line, or when the
property line is more than five (5) feet from the building, between the building and a line five (5) feet
from the building.
GRADING: Changing the natural or existing topography of land.
GROUP HOME. A residential treatment facility for six or fewer persons that is licensed by the state as
residential facility or registered with the state as a housing with services establishment and permitted
as a single-family use pursuant to M.S. § 462.357, as it may be amended or recodified from time to time.
HOTEL: A building having provision for nine (9) or more guests, in which lodging is provided with or without
meals, for compensation, and which is open to transient guests, and where ingress and egress to and from
all rooms is made through an inside lobby or office supervised by a person in charge.
HOSPITAL: A building designed and used for the medical and surgical diagnosis, treatment, and housing
of persons under the care of doctors and nurses.
HOUSEHOLD PET: Animals that are customarily kept for personal use or enjoyment within the home.
"Household pets" shall include, but not be limited to, domestic dogs, domestic cats, domestic tropical
birds, rabbits, or fish.
IMPERVIOUS SURFACE. Any material which prevents absorption of storm water into the soil.
INOPERABLE VEHICLE: Anyvehicle which cannot be driven or propelled under its own power in its existing
condition, or because its wrecked, junked, or partially dismantled condition, or which cannot be driven
because necessary licenses or authorizations have not been obtained and displayed on the vehicle.
KENNEL: Any premises where four (4) or more dogs, cats or other customary household pets six (6) months
or older at any one time are kept or accepted for boarding, breeding, training or sale, except when located
in a pet shop or veterinary clinic.
LIFT STATION: A facility, usually including pumping facilities, for the lifting of sewage or stormwater runoff
to a higher sewage facility or stormwater runoff facility.
LOADING DOCK: An unobstructed area provided and maintained for the temporary parking of trucks and
other motor vehicles, for the purpose of loading and unloading goods, wares, materials and merchandise.
LOT: A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage
and area, and to provide such yards and other open spaces as are herein required. Such lot shall have
frontage on an improved public street or on an approved private street and may consist of:
1. A single lot of record.
2. A portion of a lot of record.
3. A combination of complete lots of record, of complete lots of record and portions of lots of record,
or of portions of lots of record.
4. A parcel of land described by metes and bounds; provided, that in no case of division or
combination shall any residual lot or parcel be created which does not meet the requirements of
this title.
LOT AREA: The total site area within the lot lines.
LOT AREA PER UNIT: The number of square feet of lot area per dwelling unit.
LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets, or a
lot at the point of deflection in alignment of a continued street, the interior angle of which does not exceed
one hundred thirty-five degrees (135°).
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE: The property line bounding a lot; except, that where any portion of a lot extends into the public
right of way or a proposed public right of way, the nearest line of such public right of way shall be the lot
line for applying this title.
LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public street and, in the
case of a corner lot, it shall be the shortest dimension on a public street.
LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than
ten feet (10') in length or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10')
in length within the lot, connecting the side lot lines and parallel to the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD: Part of a subdivision the plat of which has been recorded in the office of the register of
deeds or registrar of titles; or a parcel of land the deed to which was recorded in the office of the register
of deeds or registrar of titles, in accordance with subdivision regulations and zoning ordinances of the city
in effect at the time of such conveyance.
LOT, THROUGH: A lot which has a pair of opposite lot lines abutting two (2) streets, and which is not a
corner lot.
LOT, WIDTH: The maximum distance between the side lot lines of any lot measured parallel to front lot
lines at the minimum front yard setback line.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a
basement area, is not considered a building's lowest floor.
MANUFACTURED SINGLE-FAMILY DWELLING: A structure transportable in one or more sections, which, in
the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or
when erected on site, is three hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling for one family, with or without a permanent
foundation when connected to the required utilities, including the plumbing, heating, air conditioning and
electrical systems contained therein. No manufactured dwelling shall be moved into the city that does not
meet the manufactured home building code as defined in Minnesota statutes section 327.31, subdivision
3.
MANUFACTURING: All manufacturing, compounding, processing, packaging, treatment or assembly of
products and materials.
MARINA: Facilities which may include piers or systems of floating or fixed accessways providing moorings
for watercraft and offering supply, repair and other facilities for such use.
MEDICAL USES: Those uses concerned with the diagnosis, treatment and care of human beings. These
include hospitals, dental services, medical services or clinics.
METROPOLITAN URBAN SERVICE AREA (MUSA): The area where public utilities including sewer and water
are available and is identified in the City's Comprehensive Plan.
MONOPOLE TOWER: A tower constructed of tapered tubes that fit together symmetrically and are
stacked one section on top of another and bolted to a concrete foundation without support cables.
MOTOR FUEL STATION: A retail place of business engaged primarily in the sale of motor fuels, but also
may be engaged in supplying goods and services generally required in the operation and maintenance of
motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries,
automobile accessories, and replacement items, washing and lubrication services; and the performance
of minor automotive maintenance and repair.
NATURAL RATE OF ABSORPTION: The amount of stormwater absorbed in the soil during a storm of once
in twenty (20) year occurrence.
NONCONFORMING STRUCTURE: Any structure which is existing upon the effective date of this Title 1 ,
which would not conform to the applicable regulations if the structure were to be erected under the
current provisions of this Title.
NONCONFORMING USE: Use of land, buildings or structures permitted and existing at the time of adoption
of this Title, which do not comply with all the current regulations of this Title or any amendments hereto
governing the zoning district in which such use is located.
* NORMAL HIGH WATERMARK: A mark delineating the highest water level which has been maintained
for a sufficient period of time to leave evidence upon the landscape. The normal high water mark is
commonly that point where the natural landscape changes from predominantly aquatic to predominantly
terrestrial.
NURSING HOME/ASSISTED LIVING FACILITY/LICENSED RESIDENTIAL CARE FACILITY; Any facility licensed
by the Minnesota Department of Human Services, public or private, which for gain or otherwise
regularly provides one or more persons with 24 hour per day substitute care, food, lodging, training,
education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason
cannot be furnished in the person's own home. Residential facilities may include, but are not limited
to: state institutions under the control of the Commissioner of Public Welfare, foster homes, halfway
houses, residential treatment centers, group homes, continuing care retirement facilities, residential
programs or schools for handicapped children
OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation,
channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along,
across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, limitor
change the direction of the flow of water, either in itself or by catching or collecting debris carried by such
water.
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OFF-STREET LOADING SPACE: A space accessible from a street, alley or driveway, for the use of trucks
while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate
one truck of the type typically used in the particular business.
OFFICES: A room or group of rooms used for conducting the affairs of a business, profession, service
industry, or government.
OPEN SALES LOT: Land devoted to the display of goods for sale, rent, lease or trade, where such goods
are not enclosed within a building.
Outdoor seasonal sales
OUTDOOR SEASONAL SALES: A short-term outdoor display and/or sale of seasonal products such as the
following: Christmas trees, nursery products and horticulture products (fruits, vegetables, flowers,
shrubs and the like).
PARKING GARAGE: A structure, building or portion thereof designed and utilized for the temporary
storage of motor vehicles.
PARTY WALL: A wall which divides two (2) adjoining properties and in which each of the owners of the
adjoining properties has rights of enjoyment.
PATIO: A level, surfaced area directly adjacent to a principal building at or within three (3) feet of the
finished grade, without a permanent roof which is intended for outdoor lounging, dining and the like.
PLACES OF WORSHIP: A place of assembly where a non-profit religious body organized to sustain public
worship owns or leases a building or portion thereof where people regularly assemble for religious
worship. It shall be permissible to serve food, meals and alcoholic beverages on such premises providing
that such service is secondary and incidental to the promotion of some other common objective of the
organization and adequate dining room space and kitchen facilities for the purpose of serving food and
meals are available.
PLEASURE CRAFT: A boat or yacht used primarily for recreational activity.
PRINCIPAL BUILDING. A building, or combination of buildings, which contains the primary use of the
site.
PRINCIPAL USE: The main use of land or buildings as distinguished from subordinate or accessory uses.
A "principal use" may be either permitted, interim, or conditional.
PROOF OF PARKING: A parking plan which demonstrates that the number, size, and location of parking
spaces required by city ordinance can be provided on the site in compliance with all required parking
setbacks.
PUBLIC FACILITIES: Includes roads and sanitary sewer collection and treatment system and watermain
infrastructure.
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PUBLIC PARK: A recreation area owned or operated by the city, county, state or other governmental unit.
PUBLIC UTILITY: Transmission facilities of electric power, gas, water, telephone and railroad companies,
including electric power transmission lines and gas pipelines; but not substations; telephone facilities,
water pumping, reservoir and distribution facilities and railroad trackage; but not including storage and
switching yards.
REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in
Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in
the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base
flood" used in a flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection elevation shall be seven
hundred feet (700') above mean sea level or at an elevation no lower than one foot (1') above the
elevation of the regional flood plus any increases in flood elevation caused by encroachments on the
floodplain that result from designation of a floodway, whichever is greater. It is the elevation to which
uses regulated by this title are required to be elevated or flood protected.
RESTAURANT: An establishment where food and or drink is prepared and offered for public consumption.
RETAIL SHOPPING STORES: An establishment primarily engaged in the sale or rental of goods and the
provision of services directly to the consumer, excluding those uses defined more specifically in this code.
RETAINING WALL: A structure utilized to hold a slope in a position in which it would not naturally remain.
RIVERFRONT: Every lot or parcel of land which is immediately adjacent to the Mississippi River.
RIGHT-OF-WAY / ROAD: A public right of way, intended for vehicular traffic, including freeways,
expressways, arterials, parkways, thoroughfares, collector streets, local streets, cul-de-sacs, access
streets, avenues, boulevards, lanes, and other public ways, as now or hereafter designated.
SALE SHOWROOM: The display only of merchandise and equipment samples where a sales agreement
with a consumer is conducted and delivery of purchased merchandise is made from an off -site warehouse.
Merchandise or equipment which is displayed is typically large bulky items and includes, but is not limited
to, furniture, appliances, plumbing fixtures, lighting, and carpeting. (Bloomington, MN)
SATELLITE RECEIVE ONLY ANTENNA (SROA): An accessory structure consisting of a device commonly
parabolic in shape, mounted at a fixed point and capable of receiving, for the benefit of the principal use,
television signals from a transmitter or a transmitter relay located in geostationary orbit, and serving the
same or similar function as the common television antenna.
SCHOOL: A public or private institution for learning with a pre-school, kindergarten, elementary or
secondary curriculum with buildings, equipment, courses of study, class schedules, enrollment of pupils
and staff meeting the standards established by the state.
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SELF -STORAGE: a facility where rooms or lockers are rented to tenants, usually on a monthly basis, in
which tenants can store and access their goods. The rented spaces are usually secured by the tenant's
own lock and key. Unlike in a warehouse, self -storage facility employees do not have casual access to
the contents of the space.
SEPTIC TANK: Any device for the treatment and disposal of human waste which utilizes the percolation of
the liquid portion of the waste into the soil, including all portions of such system which are not confined
inside a building.
SETBACK: The required minimum horizontal distance between a building or any other specified
development feature and a street right-of-way line or any other lot line, disregarding encroachments
permitted by of this chapter.
SHELTER, FALLOUT OR BLAST: A structure or portion of a structure intended to provide protection to
human life during periods of danger to human life from nuclear fallout, blasts, air raids, storms or other
emergencies.
SLOPE: The inclination of the natural surface of the land from the horizontal.
STREET: A way for vehicular traffic, whether designated as street, highway, thoroughfare, parkway,
throughway, road, avenue, boulevard, lane, place, drive, court or otherwise designated.
STREET LINE: The land covered by a street or land dedicated for public use or for certain private use for
vehicular traffic.
STRUCTURE: Anything constructed or erected on the ground or attached to the ground or on site utilities,
including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes,
recreational vehicles not meeting the exemption criteria specified in section of this
title, travel trailers/vehicles, signs and other similar items.
STRUCTURE, PRINCIPAL: A structure which determines the predominant use of the lot on which it is
located.
SUBSTATION: Any utility structure other than lines, pipelines, holes or towers.
TEMPORARY FAMILY HEALTHCARE DWELLINGS: Transitional housing on a relative's or caregiver's property
for those with mental or physical impairments and aging family members who need short term care.
TERRACE: A relatively level area bordered on one or more sides by a retaining wall.
TOWER: A vertical structure that supports a wind turbine, antenna, transmission lines or other similar
uses.
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TRAINING AND TEACHING FACILITY: A public or private institution for post -secondary education or
technical training including buildings, equipment, courses of study, class schedules, enrollment of pupils
and staff.
USE: The purpose or activity for which land or a building thereon is designated, arranged or intended, or
for which it is occupied, utilized or maintained, and shall include the performance standards of this title.
USE, ACCESSORY: A use or structure subordinate to and serving the principal use or structure on the same
lot and customarily incidental thereto.
USE, PRINCIPAL: The main use of land or buildings, as distinguished from subordinate or accessory uses.
A "principal use" may be either permitted or conditional.
USE, TEMPORARY: A use established for a fixed period of time with the intent to discontinue the use upon
a specified expiration date.
UTILITY FACILITY: A physical facility of an electric, telephone, telegraph, cable television, water, sewer,
solid waste, gas or similar service operation.
VETERINARY CLINIC: A place where animals or pets are given medical or surgical treatment and the
boarding of animals is limited to short term care incidental to the hospital use.
WAREHOUSING AND DISTRIBUTION: The storage of materials or equipment within an enclosed building.
WATER BODY: Any lake, stream, pond, wetland or river.
WATER DEPENDENT USES: Uses which, in order to exist or function, require a location or use of the
riverfront, including, but not limited to, barge loading and barge fleeting areas, marinas, industries which
receive or ship goods or materials by water as an essential part of their operation, boat and barge
construction, dismantling and repair, riverfront recreation, intakes and outfalls, and water monitoring and
measuring facilities.
WETLAND: Any land which is seasonably wet or flooded, including all marshes, bogs, swamps and
floodplains.
WHOLESALING: The selling of goods, equipment and materials by bulk to another business that in turn
sells to the final customer.
YARD: A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest
ground level to the sky, except as expressly permitted in this title. A yard shall extend along a lot line and
at right angles to such lot line, to a depth or width specified in the yard regulations for the district in which
such lot is located.
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YARD, FRONT: A yard extending along the full width of the front lot line between side lot lines, and
extending from the abutting front street right of way line to a depth required in the yard regulations for
the district in which such lot is located.
YARD, REAR: A yard extending along the full width of the rear lot line between the side lot lines and
extending toward the front lot line fora depth as specified in the yard regulations for the district in which
such lot is located.
YARD, SIDE: A yard extending along the side lot line between the front and rear yards, having a width as
specified in the yard regulations for the district in which such lot is located.
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DRAFT CHAPTER 2
ADMINISTRATION AND ENFORCEMENT
11-2-1: Enforcement
A. Enforcement Official. This title shall be administered and enforced by the Community
Development Director or their designee.
11-2-2: SITE PLAN REVIEW:
A. Pre -Application Sketch Review. Prior to the formulation of a site plan, potential applicants may
present a sketch to the Community Development Director prior to filing of a formal application.
The sketch may be conceptual and may include the following related materials:
1. A scale drawing of the proposed site with reference to existing development within 200 feet
of adjacent properties.
2. General location of proposed structures.
3. Tentative street arrangements, both public and private.
4. Amenities to be provided such as recreational areas, open space, walkways, etc.
5. General location of parking areas.
6. Proposed public sanitary sewer, water and storm drainage.
7. A statement showing the proposed density of the project with the method of calculating said
density also shown.
8. Topographic contours at two foot intervals.
9. Wetland delineation.
10. Proposed general schedule of development.
11. Information on the proposed developer.
12. Other information or materials useful in reviewing the sketch.
13. Letter of concurrence from landowner.
B. The Community Development Director shall review the sketch and provide informal comments.
The Community Development Director shall have the prerogative and authority to refer the
sketch to the Planning Commission and/or City Council for discussion, review, and informal
comment. Any opinions or comments provided on the sketch by the Community Development
Director, Planning Commission, and/or City Council shall be considered advisory only and shall not
constitute a binding decision.
C. Requests for pre -application sketch review shall be submitted to the Community Development
Director. The sketch shall be accompanied by a fee and a cash escrow as set forth in the City Code.
Costs of City time and materials expended in reviewing and processing the sketch shall be charged
against the cash escrow account and credited to the City. If, at any time, the balance in the cash
escrow account is depleted to less than ten percent of the originally required cash escrow amount,
the project proposer shall deposit additional funds in the cash escrow account as determined by
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the Community Development Director. Any balance remaining in the cash escrow account upon
completion of the pre -application sketch review process shall be returned to the project proposer
after all claims and charges thereto have been deducted. The sketch shall also be accompanied
by written and graphic materials, the number, size, and format as prescribed by the Community
Development Director, describing the proposed change, development, or use. The application
shall be considered as being officially submitted and complete when the applicant has complied
with all the specified information requirements.
D. If the sketch is to be reviewed by the Planning Commission and/or City Council, as determined by
the Community Development Director, the Community Development Director shall cause a notice
of the sketch review to be mailed to all owners of land within a specified distance of the boundary
of the property in question. The specified distance shall be consistent with the greatest distance
required for the applications that the proposed development would require. If the item is
presented to the Planning Commission only, or to both the Planning Commission and City Council,
a mailed notice shall be sent at least ten days prior to the Planning Commission meeting. If the
item is presented to the City Council only, a mailed notice shall be sent at least ten days prior to
the City Council meeting. Failure of a property owner to receive said notice shall not invalidate
any such proceedings as set forth within this Chapter.
E. City Council Review. The procedures for site and building plan review are as follows:
1. The property owner or his agent shall meet with the Community Development Director to
be advised of the procedures and obtain an application form.
2. The applicant shall file the completed application form together with the required exhibits
with the Community Development Director and shall pay a filing fee and escrow as
established by resolution.
3. The Community Development Director shall submit the application to the planning and
zoning commission for its review and comment.
4. The city council shall, after receipt and placing on file the report of the planning and zoning
commission, either approve or deny the application.
5. The city council may impose such restrictions or conditions as may be necessary to comply
with the standards established by this chapter, or to reduce or minimize the impacts upon
other properties in the neighborhood and to better carry out the intent of the
comprehensive plan and the zoning ordinance.
F. Administrative review. The site plans for projects, including but not limited to those types of
projects listed below, may be reviewed and approved administratively by the community
development director or their designee in coordination with the city's other departments and any
relevant regulatory agencies, however, community development director may, at their discretion,
refer any site plan to the planning commission and city council for review:
Proposed minor structural additions involving either up to ten percent or less of the total
existing floor area or site expansions or modifications involving ten percent or less of the total
existing site area which meet all ordinance requirements may be approved bythe Community
Development Director priorto the building permit being issued, and shall not require planning
and zoning commission or city council review, subject to the following:
a. This section shall apply to all permitted residential and nonresidential uses which are
subject to the site plan approval requirements of the zoning ordinance, and to those
conditional uses involving commercial and industrial uses, and for which the minor
structural additions or site modifications do not significantly alter or conflict with the
original intent and parameters of the approved conditional use. The Community
Development Director shall determine what constitutes significant change.
b. This section shall apply in the cases of new developments which have received city council
plan approval, but for which building permits have yet to be taken; and this section shall
apply to existing developments for which there are on file city council approved site plans.
c. Compliance with all ordinance requirements shall be construed to include all adopted
policies and codes.
d. Unresolved disputes as to administrative application of ordinance requirements shall be
referred to the planning and zoning commission and city council following normal plan
review and approval procedures.
e. Plans submitted for minor structural additions or minor site alterations under the terms
of this section shall be the same as those required by the ordinance for site plan approval.
G. Exempt from site plan review. Except in those cases specifically cited within this section, the
following shall be excepted from the requirements of this Section and shall be processed through
the building permit review process:
1. Single-family dwellings and accessory structures;
2. Recreational structures and buildings in public parks.
H. Required site plan application information and materials. The following exhibits shall be required
for a site and building plan review application:
1. A complete application form signed by all property owners.
2. All required fees and escrows along with an executed escrow deposit agreement.
3. A statement of all property owners of all land included within the proposal obtained from
Washington County or a title or abstract company.
4. Accurate and to -scale development plans for the project area, the number of which to be
provided as indicated on the application form, including the following minimum information:
a. North point and graphic engineering scale.
b. Location map showing relationship to street system and surrounding development.
c. Date of preparation and revision date(s).
d. Boundary line survey, including measured distances and angles which shall be tied to the
nearest % corner or section corner by traverse.
e. Existing and proposed right-of-way widths and names of proposed streets.
f. Site statistics including:
(1) Gross site acreage/minimum lot size in the zoning district.
(2) Total stormwater management acreage.
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(3) Any wetland impact area and wetland replacement area.
(4) Percent green space.
(5) Net density.
(6) Existing, proposed and required parking.
g. Locations of rights -of -way, driveways, parks and public lands, permanent buildings and
structures, easements, section and corporate lines, water courses, marshes, wooded
areas, rock outcrops, power transmission poles and lines and other significant features
within the site and to a distance of 200 feet beyond the property boundary(ies).
h. Locations and dimensions for existing and/or proposed buildings or other structure(s);
setbacks; walkways and bikeways; off-street parking and driveways; refuse and service
areas including screening materials; loading areas and docks; any fencing including
material type; and any signs.
i. Architectural renderings and specifications for exterior wall finishes and percentages
proposed for all principal and accessory structures.
j. Colored site plan and elevations.
k. A utility plan showing all existing and proposed water, sanitary sewer and stormwater
management utilities needed up to 200 feet beyond the project area boundary as well as
pipe diameters, rim and invert elevations and pipe gradients for sanitary sewer and storm
sewer mains.
I. A grading plan with topographic data for 200 feet around the subject property or around
major features with intervals not exceeding two feet except where the horizontal contour
interval is 100 feet or more in which case a one -foot vertical interval shall be shown. All
proposed stormwater management facilities, roadway gradients and spot elevations on
parking lots and curb lines must also be shown on the grading plan.
m. Ingress and egress to property and proposed structures thereon and with particular
reference to vehicular and pedestrian safety and convenience, traffic flow and control
and access.
n. Screening and buffering with reference to type, dimensions and purpose.
o. Exterior lighting plans showing proposed exterior lighting and signs with reference to
fixture types, height including base, glare, traffic safety, lumen levels at all property lines,
and compatibility and harmony with properties in the district.
p. Landscape plan showing quantities, size, common and botanical names, mature heights
and spreads, root type and locations of plants and areas of sod.
q. Stormwater management analysis, if required.
r. Sustainable design elements, if any.
s. Such other information and size and quantity of exhibits as required by the city.
I. Lapse of site plan approval. Unless otherwise specified in the approval, a site plan approval shall
lapse and become null and void one year following the date on which the application was
approved, unless prior to the expiration of one year, the applicant or property owner has
substantially started the construction of any building, structure, addition/alteration, or use
In
requested as part of the approved plan. The property owner or applicant shall have the right to
submit a request for a time extension which may be granted by the community development
director in the case of an administrative site plan approval or by the city council in the case of a
site plan approval that they have granted.
11-2-3: DEVELOPMENT AGREEMENTS:
All proposed subdivisions, rezonings, planned unit developments, conditional use permits and/or site
plan reviews may require a development agreement between the city and developer and/or landowner
specifying the improvements required, financial guarantees and any other matter pertaining to the
proposed development at the sole discretion of the city.
11-2-4: ENVIRONMENTAL ASSESSMENT WORKSHEETS AND IMPACT STATEMENTS:
A. When an environmental assessment worksheet (EAW), alternative urban areawide review
(AUAR), or environmental impact statement (EIS) is required or otherwise ordered or submitted,
the applicable review procedures shall be as set forth in the Minnesota Environmental Quality
Board regulations for the Environmental Review Program, as authorized by Minnesota Statutes
and specified in Minnesota Rules 4410.
B. An EAW, AUAR, or EIS application, together with the completed data portions of the
environmental document, shall be accompanied by a fee and cash escrow as set forth in the City
Code. Costs of City time and materials expended in reviewing and processing the application shall
be charged against the cash escrow account and credited to the City. If, at any time, the balance
in the cash escrow account is depleted to less than ten percent of the originally required cash
escrow amount, the project proposer shall deposit additional funds in the cash escrow account as
determined by the Community Development Director. Any balance remaining in the cash escrow
account upon completion of the process shall be returned to the project proposer after all claims
and charges thereto have been deducted.
C. Upon completion of the environmental document for distribution, the Community Development
Director shall provide mailed notice of the availability of the environmental document, and date
of the meeting at which the Planning Commission will consider the matter, to all property owners
within 500 feet of the boundaries of the property that is the subject of the environmental
document. Said notice shall be mailed at least ten days before the Planning Commission meeting.
Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth
in this Chapter. The Planning Commission shall provide its recommendations to the City Council.
11-2-5: VARIANCES:
A. Purpose. The purpose of the variance is to allow variation from the strict application of the terms
of this chapter where, by reason of the exceptional physical characteristics of the property, the
literal enforcement of the requirements of this chapter would cause practical difficulties for the
landowner.
B. General provisions. In no case may a variance be granted to permit a use other than a use
permitted in the district. Nonconforming uses or neighboring lands, structures or buildings in the
same district or other districts may not be considered grounds for issuance of a variance. The
planning commission may impose conditions in the granting of a variance. A condition must be
directly related to and must bear a rough proportionality to the impact created by the variance.
C. Procedure. The city shall hold at least one public hearing, affording an opportunity for all parties
interested to be heard, and shall give not less than ten (10) days' nor more than thirty (30) days'
notice of the time and place of such hearing, published in the designated legal newspaper for the
city. Such notice shall also contain a description of the land and the requested variance. At least
ten (10) days before the hearing, an identical notice shall be mailed to the owner and to each of
the property owners of record a minimum distance of five hundred feet (500') of the outside
boundaries of the land in question. Failure of the city to mail the notice or failure of the property
owners to receive the notice shall not invalidate the proceedings
D. Consideration By Planning Commission; Recommendation: Planning Commission shall make a
recommendation to the city council for the granting or denial of such variance based on the
conditions required in this Chapter. The planning commission shall recommend such conditions
related to the variance, regarding the location, character and other features of the proposed
building, structure or use, as it may deem advisable. The planning commission shall make its
recommendation within sixty (60) days after the request is referred to it, unless the applicant
requests, in writing, that an extension of time for review be granted by the planning commission.
E. Consideration By Council; Issuance: In considering applications for variances under this title, the
council shall consider the advice and recommendations of the planning commission and shall only
grant a variance if it complies with all the conditions listed in this chapter.
F. Findings. A variance maybe granted only when all of the following conditions are found:
1. The variance is in harmony with the general purposes and intent of this chapter.
2. The variance is consistent with the comprehensive plan.
3. The applicant for the variance establishes that there are practical difficulties in complying with
this chapter. "Practical difficulties," as used in connection with the granting of a variance,
means that all of the following must be found to apply:
a. The property owner proposes to use the land in a reasonable manner for a use
permitted in the zone where the land is located, but the proposal is not permitted by
other official controls;
b. The plight of the landowner is due to circumstances unique to the property and that
are not created by the landowner; and
c. The variance, if granted, will not alter the essential character of the neighborhood.
4. Economic considerations alone do not constitute practical difficulties.
G. Precedents. A previous variance must not be considered to have set a precedent for the granting
of further variances. Each case must be considered on its merits.
H. Denial Of Variances: No application for a variance which has been denied wholly or in part shall
be resubmitted for a period of six (6) months from the date of such order of denial, except on
grounds of new evidence or proof of change of conditions found to be valid by the planning
commission or council.
I. Action Without Recommendation of Planning Commission: If no recommendation is transmitted
by the planning commission within sixty (60) days after referral of the application for variance to
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the planning commission, the council may take action without further awaiting such
recommendation, unless the applicant requests in writing that an extension of time be granted.
J. Termination, Invalidity Of Variance: A violation of any condition set forth in granting a variance
shall be a violation of this title and shall automatically terminate the variance. A variance shall
become invalid one year after it was granted, unless made use of within the year or such longer
period prescribed by the council.
11-2-6: TEXT AND MAP AMENDMENTS:
A. The city council may adopt amendments to this chapter and the zoning map in relation both to
land uses within a particular district or to the location of the district line. Such amendments shall
not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals
and policies of the city as reflected in the comprehensive plan. Amendments must be adopted by
a majority vote of the city council. The adoption or amendment of any portion of a zoning
ordinance which changes all or part of the existing classification of a zoning district from
residential to either a commercial or an industrial district requires a two-thirds majority vote of
the city council.
B. There are the following kinds of amendments:
1. A change in a district's boundary (rezoning).
2. A change in a district's regulations.
3. A change in any other provision of this chapter.
C. Proceedings for amending this chapter shall be initiated by at least one of the following methods:
1. By action of the community development department.
2. By petition of an owner of property which is proposed to be rezoned or for which district
regulation changes are proposed.
3. By action of the city council.
D. Amendments initiated by property owners. The procedure for a property owner to initiate a
rezoning or district regulation change applying to any property is as follows:
1. The property owner or his/her agent shall meet with the Community Development Director
to explain the situation, learn the procedures and obtain an application form and checklist of
required exhibits.
2. The applicant shall file the completed application form together with the required exhibits
with the Community Development Director and shall pay a filing fee and escrow as established
by resolution. Required exhibits include:
a. A written statement that explains the request, including the section of the zoning
ordinance for which an amendment is requested as well as suggested language for the
amendment. If applying for a rezoning, the request should describe the current and
proposed zoning classification along with reasons supporting the proposed change. For
the city council to adopt a zoning ordinance amendment or rezoning, it needs to be
consistent with the city's comprehensive plan. The written statement should address
7
the request's consistency with the comprehensive plan or a proposed amendment to
the comprehensive plan.
b. A statement of all property owners of all land included within the proposal and a list of
property owners' names and addresses within 500 feet of the outer boundaries of the
property obtained from Washington County or a title or abstract company.
c. An accurate boundary survey and conceptual development plan for the area proposed
to be rezoned.
d. An executed escrow deposit agreement.
e. Any other technical information identified by the Community Development Director as
required by state statute or necessary to review the proposal for consistency with the
city's comprehensive plan for example, but not limited to, environmental review, traffic
impact study, future roadway layout, stormwater analysis, utility and grading plans
and/or concept platting.
f. Copies of all required exhibits as indicated on the application form.
3. The Community Development Director shall transmit the application and required exhibits to
the planning and zoning commission for review and recommendation. In the case of a
rezoning request, a notice of the planning and zoning commission meeting schedule for
consideration of the application shall be sent to all property owners within 500 feet of the
outer boundaries of the property in question.
4. The planning and zoning commission shall review the proposal and transmit to the city council
its recommendation of approval or denial.
5. The city council shall, after receipt and placing on file the report of the planning and zoning
commission, hold a public hearing in accordance with section 24-38.
6. Notice shall be mailed to the owners of the property within 500 feet of the outer boundaries
of the property being considered for rezoning not less than ten days prior to the date of the
hearing.
7. The city council shall either approve or deny the application.
E. Amendments initiated by the community development department or city council. The following
is the procedure for initiating an amendment based upon a recommendation by the community
development department or city council:
1. The community development department may initiate a study on a proposed ordinance
amendment and report its findings and recommendations to the city council.
2. Amendments initiated by the community development department or city council shall be
referred to the planning and zoning commission for study and report.
3. The city council shall, after receipt and placing on file the report of the planning and zoning
commission, hold a public hearing in accordance with section 24-38.
4. In the case of a rezoning, a notice shall be mailed to the owners of the property being
considered for rezoning within 500 feet of the outer boundaries of the property in question
not less than ten days prior to the date of the hearing. Mailed notice shall not be required for
a city-wide amendment to this chapter initiated by the community development department
or city council after review by the planning and zoning commission.
5. The city council shall either approve or deny the proposed amendment or rezoning.
F. Public hearings.
No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon
by the city council. A notice of the time, place and purpose of the hearing shall be published in the official
newspaper of the city at least ten days prior to the day of the hearing. When an amendment involves
changes in district boundaries, a similar notice shall be mailed at least ten days before the day of the
hearing to each owner of affected property and property situated wholly or partly within 500 feet of the
property to which the amendment relates. For the purpose of giving mailed notice, the person responsible
for mailing the notice may use any appropriate records to determine the names and addresses of owners.
A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested
to by the responsible person and shall be made a part of the records of the proceedings. The failure to
give mailed notice to individual property owners or defects in the notice shall not invalidate the
proceedings, provided a bona fide attempt to comply with this section has been made.
11-2-7 CONDITIONAL ADMINISTRATIVE USE PERMITS
A. Purpose. The purpose of this section is to establish regulations and procedures for the processing
and consideration of uses and activities allowed by conditional administrative permit. Conditional
administrative permits are intended to be an efficient and cost-effective permitting process for
uses and activities that do not require the scrutiny and discretion of a conditional use permit.
B. Procedure.
1. Requests for conditional administrative permits, as provided within this Title, shall be filed
with the Community Development Director on an official application form. The applicant's
signature shall be provided on the application form. Additionally, if the applicant is not the
fee owner of the property, the fee owner's signature shall also be provided on the
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application form, or the applicant shall provide separate written and signed authorization
for the application from the fee owner.
2. The application shall be accompanied by a fee as set forth in the City Code.
3. The Community Development Director shall review the application and related materials
and shall determine whether the proposal is in compliance with all applicable evaluation
criteria, codes, ordinances, and applicable performance standards set forth in this Title If the
Community Development Director, in their sole discretion, determines that the application
is not appropriate for a Conditional Administrative Permit, they shall return the application
and fee and notify the applicant to reapply for approval with a Conditional Use Permit,
subject to the requirements of
4. The Community Development Director shall make a determination on approval or denial of
the conditional administrative permit within 60 days from the date of submission of a
complete application. Pursuant to Minnesota Statutes 15.99, City Staff is hereby authorized
to extend the 60 day time limit by a time period not to exceed 60 additional days, provided
written notice of such extension is provided to the applicant before the end of the initial 60
day period.
5. A written permit shall be issued to the applicant when a determination of compliance has
been made. Specific conditions to assure compliance with applicable evaluation criteria,
codes, ordinances, and the standards of this Chapter shall be attached to the permit.
6. Determination of non-compliance with applicable codes, ordinances, and the standards in
this paragraph shall be communicated to the applicant in writing and the application for the
permit shall be considered denied; unless, within 10 days of the date of such notice, the
applicant submits revised plans and/or information with which the Community
Development Director is able to determine compliance.
7. Unresolved disputes as to administrative application of the requirements of this paragraph
shall be subject to appeal as defined by of this Title.
C. Information Requirement. The information required for all administrative permit applications
shall include:
1. A concise statement describing the proposed use, event or activity, including the purpose,
type of merchandise involved, dates and times of operation, number of employees involved,
provisions for on -site security, provisions for on -site parking, and other pertinent
information required by the Community Development Director to fully evaluate the
application.
2. A copy of the approved site plan for the property or an "as built" survey which accurately
represents existing conditions on the site, including entrances and exits, bona fide parking
and driving areas, and which accurately indicates any proposed temporary structures,
including tents, stands, and signs.
3. An accurate floor plan, when in thejudgment of the Community Development Director, such
a plan is necessary.
4. Information identified in of this Title, as may be applicable.
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D. Performance Standards. All uses, events or activities allowed by administrative permit shall
conform to the applicable standards outlined in the zoning district in which such use, event or
activity is proposed.
E. Administration and Enforcement.
1. The Community Development Director shall keep a record of applications and conditional
administrative permits.
2. A copy of all conditional administrative permits issued shall be forwarded to appropriate
staff as determined by the Community Development Director.
3. Enforcement of the provisions of this paragraph shall be in accordance with of
this Title. Violation of an issued permit or of the provisions of this section shall be grounds
for denial of future permit applications.
F. Certification of Taxes Paid. Prior to approving an application for a conditional administrative
permit, the applicant shall provide certification to the City that there are no delinquent property
taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the
administrative permit application relates.
G. Expiration.
1. Events or activities requiring a conditional administrative permit. A conditional
administrative permit for an event or activity shall become null and void upon completion
of the event or activity that required the permit, or as may otherwise be specified on the
face of the conditional administrative permit issued by the City.
2. Uses requiring a conditional administrative permit. Unless otherwise specified by the
Community Development Director, an administrative permit required for a use or structure
shall become null and void pursuant to the provisions of of this Title.
11-2-8: CONDITIONAL USE PERMITS:
A. Purpose. The purpose of a conditional use permit is to authorize and regulate uses which may be
beneficial in a specific instance to the general welfare of the community, yet ensure that such
uses are not detrimental to surrounding property, and are consistent with the stated purpose of
the zoning district in which such uses are located regarding conditions of operation, location,
arrangement, and construction.
B. Procedures. Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit
shall be approved or denied within 60 days from the date of its official and complete submission
unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to
Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a
time period not to exceed 60 additional days, provided written notice of such extension is
provided to the applicant before the end of the initial 60 day period. Additional City requirements
are as follows:
1. Requests for conditional use permits, as provided within this Chapter, shall be filed with the
Community Development Director on an official application form. The applicant's signature
shall be provided on the application form. Additionally, if the applicant is not the fee owner
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of the property, the fee owner's signature shall also be provided on the application form, or
the applicant shall provide separate written and signed authorization for the application from
the fee owner. Such application shall be accompanied by: 1) a fee as set forth in the City
Code; and 2) a written description of the request including an explanation of compliance with
the conditional use permit criteria set forth in this Chapter, together with detailed graphic
materials, the number, size, and format as prescribed by the Community Development
Director, fully explaining the proposed change, development, or use. The application shall be
considered as being officially submitted and complete when the applicant has complied with
all the specified information requirements.
2. Upon receipt of a complete application, as determined by staff review, and following
preliminary staff analysis of the application and request, the Community Development
Director, when appropriate, shall set a public hearing following proper hearing notification.
The Planning Commission shall conduct the hearing, and report its findings and make
recommendations to the City Council. Notice of said hearing shall consist of a property
description and description of request, and shall be published in the official newspaper at
least ten days prior to the hearing. A written notification of said hearing shall be mailed at
least ten days prior to the hearing to all owners of land within 500 feet of the boundary of
the property in question, except in the case of correctional facilities and waste facilities
where the notification shall be to property owners located within 1,320 feet of the property
in question.
3. Failure of a property owner to receive said notice shall not invalidate any such proceedings
as set forth within this Chapter.
4. The Community Development Director shall instruct the appropriate staff persons to prepare
technical reports where appropriate, and provide general assistance in preparing a
recommendation on the action to the City Council.
5. The Planning Commission shall consider possible adverse effects of the proposed conditional
use. Its judgment shall be based upon (but not limited to) the following factors:
a. Compliance with and effect upon the Comprehensive Plan, including public facilities and
capital improvement plans.
b. The establishment, maintenance or operation of the conditional use will promote and
enhance the general public welfare and will not be detrimental to or endanger the
public health, safety, morals or comfort.
c. The conditional use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially diminish
and impair property values within the neighborhood.
d. The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district.
e. Adequate public facilities and services are available or can be reasonably provided to
accommodate the use which is proposed.
f. The conditional use shall, in all other respects, conform to the applicable regulations of
the district in which it is located.
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g. The conditional use complies with the general and specific performance standards as
specified by this Section and this Chapter.
6. The Planning Commission and City staff shall have the authority to request additional
information from the applicant concerning operational factors or to retain expert testimony
with the consent and at the expense of the applicant concerning operational factors, said
information is to be declared necessary to establish performance conditions in relation to all
pertinent sections of this Chapter.
7. The applicant or a representative thereof may appear before the Planning Commission in
order to present information and answer questions concerning the proposed request.
8. The Planning Commission shall make a finding of fact and make a recommendation on such
actions or conditions relating to the request as they deem necessary to carry out the intent
and purpose of this Chapter. Such recommendation shall be in writing and accompanied by
the report and recommendation of the City staff.
9. The City Council shall not grant a conditional use permit until they have received a report
and recommendation from the Planning Commission and the City staff, or until sixty (60)
days after the first regular Planning Commission meeting at which the request was
considered.
10. Upon receiving the report and recommendation of the Planning Commission and the City
staff, the City Manager shall schedule the application for consideration by the City Council.
Such reports and recommendations shall be entered in and made part of the permanent
written record of the City Council meeting.
11. Upon receiving the report and recommendation of the Planning Commission and the City
staff, the City Council shall have the option to set and hold a public hearing if deemed
necessary and shall make a recorded finding of fact and may impose any condition they
consider necessary to protect the public health, safety and welfare.
12. If, upon receiving said reports and recommendations of the Planning Commission and City
staff, the City Council finds that specific inconsistencies exist in the review process and thus
the final recommendations of the City Council will differ from that of the Planning
Commission, the City Council may, before taking final action, refer the matter back to the
Planning Commission for further consideration. This procedure shall be followed only one
time on a singular action.
13. Approval of a request shall require passage by a majority vote of the entire City Council.
14. Whenever an application for a conditional use permit has been considered and denied by
the City Council, a similar application for a conditional use permit affecting substantially the
same property shall not be considered again by the Planning Commission or City Council for
at least six months from the date of its denial; and a subsequent application affecting
substantially the same property shall likewise not be considered again by the Planning
Commission or City Council for an additional six months from the date of the second denial
unless a decision to reconsider such matter is made by a majority vote of the full City Council.
C. General Performance Standards. As may be applicable, the evaluation of any proposed
conditional use permit request shall be subject to and include, but not limited to, the following
general performance standards and criteria:
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1. Consistency with the comprehensive plan. The proposed use shall be consistent with the
comprehensive plan.
2. Health and safety. The proposed use shall not negatively impact the health, safety and
general welfare of occupants of surrounding lands.
3. Public infrastructure services. Adequate public facilities and services shall be able to be
provided to the site where the use is proposed, and/or existing infrastructure shall be able
to absorb the additional demand for public services such as utilities, streets, parks, schools,
etc.
4. Screening and landscaping. Incompatible impacts of the proposed use shall be screened and
buffered from adjacent property and the surrounding neighborhood. The city council may
require additional landscaping or screening above that required in the zoning ordinance.
5. Architectural standards. The site or building associated with the proposed use meets or
exceeds the architectural design and landscaping standards for the district in which it is
located. The city council may require additional architectural standards above those required
in the zoning ordinance.
6. Zoning. The use is consistent with the purposes of the zoning ordinance and the purposes of
the zoning district in which the applicant intends to locate the proposed use.
7. Traffic. The generation and characteristics of the traffic associated with the use and its
impact on traffic volumes and safety associated with driveway locations, existing and
proposed capacity on adjacent roads, sidewalks and trail connections can be adequately
mitigated.
8. Floodplain. Shall follow MRCCA.
D. Revocation. The Planning Commission may recommend, and the City Council may direct, the
revocation of any conditional use permit for cause upon determination that the authorized
conditional use is not in conformance with the conditions of the permit or is in continued violation
of this Chapter, City Codes, or other applicable regulations. The City Council or Planning
Commission shall initiate an application and the Community Development Director shall notify
the responsible person to whom the permit was issued, that they have an opportunity to show
cause why the permit should not be revoked. The application shall be processed and considered
pursuant to Section 21015.02 of this Chapter. The Community Development Director shall provide
the responsible person to whom the permit was issued a copy of the proceedings and findings of
the Planning Commission and City Council.
E. Amendment. Holders of a conditional use permit may propose amendments to the permit at any
time, following the procedures for a new permit as set forth in this section, except where
administrative approval may be granted, as defined and set forth in Section 21045. No significant
changes in the circumstances or scope of the permitted use shall be undertaken without approval
of those amendments by the City. The Community Development Director shall determine what
constitutes significant change. Significant changes include, but are not limited to, hours of
operation, number of employees, expansion of structures and/or premises, different and/or
additional signage, and operational modifications resulting in increased external activities and
traffic, and the like. The Planning Commission may recommend, following the procedures for
hearing and review set forth in this section and the City Council may approve significant changes
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and modifications to conditional use permits, including the application of additional or revised
conditions.
F. Expiration. Unless the City Council specifically approves a different time period, the approval of a
conditional use permit shall expire one year from the date it was approved, unless the applicant
has commenced the authorized use; or, unless before expiration of the one year period, the
applicant submits a written request for an extension thereof. Such request for an extension shall
include the following: 1) an explanation for why the authorized use has not commenced, 2) what,
if any, good faith efforts have been made to commence the authorized use, 3) the anticipated
commencement date for the authorized use, and 4) the signature of the applicant and property
owner. A request for an extension not exceeding one year shall be subject to the review and
approval of the Community Development Director. Should a second extension of time or any
extension of time longer than one year be requested by the applicant, it shall be presented to the
City Council for a decision.
11-2-9: INTERIM USE PERMITS:
A. Purpose and Intent. The purpose and intent of allowing interim uses is:
1. To allow a use for a brief period of time until a permanent location is obtained or while the
permanent location is under construction.
2. To allow a use that is presently judged acceptable by the City Council, but that with
anticipated development or redevelopment, will not be acceptable in the future or will be
replaced in the future by a permitted or conditional use allowed within the respective
district.
3. To allow a use which is reflective of anticipated long range change to an area and which is in
compliance with the Comprehensive Plan provided that said use maintains harmony and
compatibility with surrounding uses and is in keeping with the architectural character and
design standards of existing uses and development.
B. Procedures. In order to give flexibility to the district use regulations of this chapter, which is
necessaryto achieve the objectives of the Comprehensive Plan, interim uses are allowed in certain
districts subject to the granting of an interim use permit. Because of their temporary
characteristics, interim uses require special consideration so they may be located properly with
respect to the objectives of the Comprehensive Plan and with respect to their effects on
surrounding properties. In order to achieve these purposes, the City Council is empowered to
grant and to deny applications for interim use permits and to impose reasonable conditions upon
the granting of these permits. Uses authorized underthis section shall be considered a conforming
use, but only in accordance with the conditions set forth in the interim use permit.
C. The City Council may grant an interim use permit for the interim use of property if:
1. The use conforms to the zoning regulations;
2. The date or event that will terminate the use can be identified with certainty;
3. Permission of the use will not impose additional costs on the city if it is necessary for the city
to take the property in the future; and
4. The user agrees in writing to any conditions that the City Council deems appropriate for
permission of the use.
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D. Hearings.
1. The Planning Commission shall hold a public hearing on the application following notice of
the time, place and purpose of the hearing published in the official newspaper of the city at
least ten days prior to the day of the hearing. Following the public hearing, the Planning
Commission shall forward its recommendation to the City Council. The Planning Commission
may recommend and the City Council may stipulate conditions and restrictions upon the
establishment, location, construction, maintenance and operation of the interim use as
deemed necessary for the protection of the public interest and to secure compliance with the
requirements specified in this chapter.
2. The City Council shall approve or deny the application pursuant to § 153.028(C)(2).
E. Denial. The City Council may deny an application for an interim use permit upon a written finding
of legally sufficient reasons with a factual basis. No application for an interim use permit that has
been denied wholly or in part shall be resubmitted for a period of six months from the date of the
order of denial, except on grounds of new evidence or proof of changes of conditions found to be
valid by the City Council.
F. Lapse of interim use permit. An interim use permit shall lapse and become null and void three
months following the date on which the interim use permit became effective if it is not in use.
G. Revocation/termination. A violation of any condition set forth in an interim use permit shall be a
violation of this chapter and shall terminate the interim use permit.
11-2-10: APPEALS:
A. Planning Commission As Board Of Zoning Appeals; Authority: The planning commission shall act
as the board of zoning appeals and shall determine, in harmony with the general purpose of this
title and the comprehensive plan, by resolution, all appeals from any order, requirement, permit
or decision made by the director of community development under this title, and from any
interpretation of the text of this title, or any determination by the director of community
development as to the location of the boundary of a zoning district as shown on the zoning map.
B. Filing Of Appeal: At any time within ten (10) working days after a decision of the director of
community development under the provisions of this title, except in connection with prosecutions
for violations thereof, the applicant or other person or officers of the city affected thereby may
appeal to the planning commission by filing a written notice, stating the specific grounds upon
which the appeal is made.
C. Board Hearing; Notice: The planning commission, as the board of appeals, may conduct such
hearings as it may deem advisable and shall prescribe what notice, if any, shall be given of such
hearing.
D. Council Hearing:
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1. The council may review and revise any decision of the board of zoning appeals. In reviewing
such decisions, the council shall set a date for hearing thereon, not earlier than seven (7) days
after, nor more than thirty (30) days after the decision is made by the board of zoning appeals.
2. Notice of the hearing before the council shall be mailed to all appellants. In all cases involving
determination of district boundary lines or interpretation of the text of this title, ten (10) days'
published notice of hearing in the official newspaper shall be given.
11-2-11: FILING FEES; DEPOSITS:
In addition to the filing fees as established by the city council ordinance from time to time, the applicant
shall deposit with the city an amount of cash determined by the director of community development
necessary to reimburse city staff and consultant costs for the review of such application. If the cash
deposited at the time of the filing of the application is not sufficient to cover review costs, the city shall
cease further processing of the application, and the applicant shall be required to deposit additional cash
as determined by the director of community development. Such cash shall be placed in an escrow account,
and the city shall refund any money deposited and not expended within ninety (90) days after final action
on the application by the city council. The city shall not pay interest on such escrow accounts.
11-2-12: VIOLATION; PENALTY:
Any person, firm, corporation or voluntary association which violates or refuses to comply with any of the
provisions of this title shall be guilty of a misdemeanor and, upon conviction, shall be punishable as
provided in section of this code. Each day that a violation is permitted to exist shall constitute a
separate offense.
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CHAPTER 4
SPECIAL ZONING PROVISIONS
11-4-1: MOTOR FUEL STATIONS:
Motor fuel stations in all districts shall be subject to the following standards:
A. Minimum Yard And Setback Requirements: Notwithstanding anything to the contrary in
other sections of this title, the following minimum requirements shall be observed for yards
and setbacks for motor fuel stations:
Minor Fuel
Station
Major Fuel Station
Lot width
150 feet
200 feet
Front yard abutting a major thoroughfare
100 feet
100 feet
Front yard
60 feet
60 feet
Side yard adjacent to another lot
30 feet
30 feet
Side yard adjacent to street
60 feet
60 feet
Rear yard
30 feet
30 feet
Pump setback
25 feet
30 feet
B. Canopies:
1. The setback of any overhead canopy or weather protection, freestanding or
projecting from the station structure, shall be not less than 10 feet from the street
right-of-way line, nor less than 20 feet from an adjacent property line.
2. The total height of any overhead canopy or weather protection shall not exceed 20
feet.
C. Architectural Design:
1. Each motor fuel station shall be so architecturally designed as to be as compatible
as possible with the general architectural intent of the area in which it is located.
2. For the purpose of architectural appropriateness, each side of a motor fuel station
shall be considered as a front face.
D. Landscaping: A minimum 20 foot landscaped yard shall be planted and maintained behind
all property lines adjacent to public streets, except at driveway entrances.
E. Screening: Whenever a motor fuel station abuts an R District, a fence or compact
evergreen hedge not less than 50% opaque nor less than 6 feet high shall be erected and
maintained along the side and rear property line that abuts the R District. Application of
this provision shall not require a fence within 15 feet of any street right-of-way line.
F. Surfacing: The entire motor fuel station site, other than that part devoted to landscaping
and structures, shall be surfaced with concrete or bituminous surfacing to control dust and
provide adequate drainage, and such surfaces shall be designed to meet the requirements
of a minimum 4 ton axle load.
G. Curbing: All interior curbs shall be constructed within the property lines to separate driving
and parking areas from landscaped areas. Such curbing shall be constructed of concrete
and shall be of 6 inch, nonsurmountable design.
H. Outdoor Lighting: All outdoor illumination shall be provided with lenses, reflectors or
shades which will concentrate the light upon the premises so as to prevent any undue
glare or rays of light therefrom being directly visible upon any adjacent street, roadway or
private property occupied for residential purposes.
Garbage, Refuse And Junk: All trash, waste materials and obsolete automobile parts shall
be stored within a separate enclosure behind the principal structure of the motor fuel
station.
J. Merchandise Sales: All goods for sale by a motor fuel station convenience store, other
than those generally required for the operation and maintenance of motor vehicles, shall
be displayed within the principal motor fuel station structure.
11-4-2: DRIVE-IN ESTABLISHMENTS AND FAST-FOOD RESTAURANTS:
Drive-in establishments and fast-food restaurants in all districts shall be subject to the following
performance standards:
A. Screening: A screening fence not over six feet (6') nor less than four feet (4') in height
which is at least fifty percent (50%) opaque throughout its height shall be constructed
along the property line; or a planting strip, not less than fifteen feet (15') in width, reserved
and planted along the property line, shall be developed according to a submitted planting
plan that meets approval of the Planning Commission.
B. Traffic And Parking: Traffic and parking arrangements shall be so planned and arranged
as not to cause a public nuisance.
C. Outside Lighting:
1. The outside lighting on the premises shall be in accord with a plan approved by
the Council.
2. The outside lighting system shall have no light poles higher than the principal
building.
3. The lighting system shall be so designed as not to cause excessive light beyond
the lot line.
4.
D. Stacking. 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 the site.
11-4-3: WEATHER SHELTERS:
A. Purpose: The purpose of this Section is to establish provisions to permit the construction
and maintenance of weather shelters.
B. Use Regulations:
1. Weather shelters are permitted as principal or accessory uses and structures in
any district, subject to the yard regulations of the district. Such shelters may
contain or be contained in other structures or may be constructed separately and,
in addition to shelter use, may be used for any principal or accessory use
permitted in the district, subject to the district regulations on such use; but shall
not be used for principal or accessory uses prohibited expressly or by implication
in the district.
2. The Council may permit a weather shelter to be used also for other purposes
which are permitted, conditional or accessory uses in the district in which the
shelter is located, if the Council finds that all of the general requirements of this
Title concerning such uses are satisfied and, in addition, the following are
established:
i. That the use other than as a shelter is compatible with the shelter
proposed; and
ii. That the function as a shelter would not be materially impaired by the
proposed use.
11-4-4: HEIGHT LIMIT MODIFICATIONS:
A. Scope: The requirements and regulations specified in this Title shall be subject to the
provisions of this Section.
B. Increases In Height Limits:
1. Height limitations set forth elsewhere in this Title shall be increased fifty percent (50%)
when applied to the following structures:
a. Church spires.
b. Belfries.
c. Cupolas and domes which do not contain usable space.
d. Monuments.
e. Water towers.
f. Fire and hose towers.
h. Flagpoles.
i. Chimneys.
j. Smokestacks.
k. Parapet walls extending not more than three feet (3') above the limiting height of the
building.
I. Cooling towers.
m. Elevator penthouses.
11-4-5: WIND ENERGY CONVERSION SYSTEMS (WECS):
A. Purpose: The purpose of this section is to provide for the regulation of the construction
and operation of wind energy conversion systems in Cottage Grove, subject to reasonable
conditions that will protect the environment, public health, safety, and welfare.
B. Definitions:
FACILITY OPERATOR: The entity responsible for the day to day operation and maintenance
of the wind energy conversion system.
FACILITY OWNER: The entity or entities having controlling or majority equity interest in the
wind energy conversion system, including their respective successors and assigns.
SUBSTATION: The apparatus that connects the electrical collection system of the WECS(s)
and increases the voltage for connection with the utility's transmission lines.
WECS, LARGE: A wind energy conversion system consisting of one or more wind turbines, a
tower(s), and associated control or conversion electronics, which has a total rated capacity of
fifty (50) or more kilowatts.
WECS, SMALL: A single system designed to supplement other electricity sources as an
accessory use to existing buildings or facilities, wherein the power generated is used primarily
for on site consumption. A small wind energy conversion system consists of a single wind
turbine, a tower or roof mounted system, and associated control or conversion electronics,
which has a total rated capacity less than fifty (50) kilowatts.
WIND POWER: The conversion of wind energy into another form of energy.
WIND TURBINE HEIGHT: The distance measured from grade at the center of the tower to the
highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.
C. Conditional Use: Wind energy conversion systems shall be allowed as a conditional use in
the zoning districts listed below: (Ord. 857, 4-15-2009)
District
Roof Mounted
Small WECS
Large WECS
AG-1 and AG-2
CUP
CUP
CUP
R-1 and R-2
CUP
CUP
Not permitted
R-3, R-4, R-5, and R-6
CUP
Not permitted
Not permitted
B-1, B-2, B-3, and P-B
CUP
CUP
Not permitted
I-1
CUP
CUP
Not permitted
I-2 and I-3
CUP
CUP
CUP
PUD
CUP
Site plan review
Not permitted
D. Permit Application: Application for a WECS permit shall be accompanied by drawings that
show the following:
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1. Location of the proposed WECS, including guywires and any other auxiliary equipment.
2. Property lines and physical dimensions of the lot.
3. A photograph or detailed drawing of the WECS, including the tower.
4. Specific information on the WECS, including type, size, rated power output, rotor
material and performance, safety and noise characteristics.
5. Specific information on the type, height and material of the tower.
6. Clearance distances between the farthest extension of the WECS blades to property
lines.
7. Location, dimensions and types of existing structures and uses on the lot.
8. Location of all aboveground utility lines within distance equivalent to the total height of
the WECS.
9. Location and size of structures, trees and other objects within three hundred feet (300')
which are taller than the lowest extent of the blades of the proposed WECS.
E. Size Regulations; Compliance:
1. Rotors:
a. No WECS in a residential or commercial district shall have rotors that are longer than
thirty five feet (35') in diameter.
b. No WECS in an industrial or agricultural district shall have rotors that are longer than
fifty feet (50') in diameter.
c. The minimum height of the lowest extent of any WECS rotor shall be thirty feet (30')
above the ground.
2. Height:
a. Freestanding wind turbine height limits:
District
Small WECS
Large WECS
AG-1 and AG-2
150 feet
250 feet
R-1 and R-2
150 feet
n/a
R-3, R-4, R-5, and R-6
n/a
n/a
B-1, B-2, B-3, and P-B
150 feet
n/a
I-1
150 feet
n/a
I-2 and I-3
150 feet
250 feet
PUD
Site plan review
n/a
Mississippi River corridor critical area overlay district
150 feet
n/a
b. Roof mounted wind turbines must not exceed fifteen feet (15) above the height limit
established for the principal or accessory structure.
3. Compliance With Regulations: All WECS shall comply with federal aviation
administration notification requirements and any other applicable regulations.
F. Installation And Design:
1. Towers:
a. All WECS tower structures shall be designed and constructed to be in compliance with
pertinent provisions of the Minnesota state building code. Indication of compliance may be
obtained from the manufacturer's engineering staff or a state professional engineer.
b. The compatibility of the tower structure with the rotors and other components of the
WECS shall be certified by the manufacturer's engineering staff or by a state professional
engineer.
c. WECS towers shall either have tower climbing apparatus located not closer than
twelve feet (12') to the ground or be unclimbable by design for the first twelve feet (12').
2. Safety Wires: Safety wires shall be installed on the turnbuckles on guywires of guyed
WECS towers.
3. Overspeed Controls: Every WECS shall be equipped with manual and automatic
overspeed controls. The conformance of rotor and overspeed control design and fabrication with
good engineering practices shall be certified by the manufacturer's engineering staff or by a
state professional engineer.
4. Electrical Requirements:
a. All electrical components of the WECS shall be in compliance with the applicable
requirements of the national electrical code as currently adopted by the Minnesota state building
code division and shall be inspected by a qualified electrical inspector. The interconnection
between the WECS and the electric utility shall be in compliance with the most recent edition of
the national electrical code. Certification will be supplied in writing that the WECS will
automatically disconnect from the utility when there is no power input from the utility. This
certification can be supplied by the manufacturer of the WECS.
b. The interconnection of the WECS with the local electrical utility shall comply with all
applicable federal and state regulations. Every applicant for a WECS permit should notify
his/her electrical utility in advance of his/her installation plans.
c. Every battery storage unit associated with a WECS shall be in compliance with the
national electrical code as currently adopted by the Minnesota state building code division and
shall be inspected by a qualified electrical inspector.
d. The WECS, including the blades, shall be grounded and shielded to protect against
natural lightning strikes in conformance with the national electrical code.
e. No WECS shall have affixed or attached lights, reflectors, flashers or any other
illumination, except for those devices required by the federal aviation administration.
5. Structural Components:
a. The safety of structural components of every WECS and the compatibility of the rotors
with the towers of WECS shall be certified by a state engineer. The safety of electrical
components of every WECS shall be certified by a state registered electrical engineer or
individual with technical training on WECS.
b. The safety of all modifications to any WECS shall be certified by a state registered
professional engineer. Certification of safety is required before the building permit is granted for
modifications made prior to installation. Certification of the safety of modifications made after the
WECS is installed and the permit is granted is also required. Failure to have the safety of
modifications certified after the permit has been granted shall result in revocation of the permit
until certification has been obtained.
6. Signs Required: At least one sign shall be posted at the base of the WECS tower and
shall contain the following information:
a. Notice of no trespassing; and
b. Warning of high voltage.
c. The visual appearance of WECS shall at a minimum:
(1) Be a nonobtrusive color such as white, off white or gray; and
(2) Not display advertising (including flags, streamers or decorative items), except for
identification of the turbine manufacturer, facility owner and operator.
G. Siting:
1. Setbacks: The base of the tower of any WECS shall be set back from any property line a
minimum of: (Ord. 857, 4-15-2009)
District
Small WECS
Large WECS
AG-1 and AG-2
1.1 times the WECS's height
1,000 feet
R-1 and R-2
1.1 times the WECS's height
n/a
R-3, R-4, R-5, and R-6
n/a
n/a
B-1, B-2, B-3, P-B, and N-B
1.1 times the WECS's height
n/a
I-1
1.1 times the WECS's height
n/a
I-2 and I-3
1.1 times the WECS's height
1,000 feet
PUD
1.1 times the WECS's height
n/a
2. Easements: No part of a WECS shall be located within or over drainage, utility or other
established easements.
3. Property Lines: No part of a WECS shall be located on or over property lines.
4. Yards: The base of a WECS or the guywire anchors of a guyed WECS tower shall not
be on any required minimum front, side or rear yards.
5. Mississippi River Corridor Critical Area Overlay District: No large WECS shall be located
within the Mississippi River corridor critical area overlay district.
6. Vehicular Areas: Efforts should be made when siting a WECS and any related
equipment to avoid locations that may be vulnerable to vehicular accidents.
7. Clearance From Electrical Lines: Clearance between a WECS and electrical lines shall
be in compliance with the requirements outlined in the most recent edition of the national
electrical code.
8. Wind Turbines: A wind turbine must not be within one thousand three hundred twenty
feet (1,320') from any conservation easements or public parks.
9. Siting On Top Of Buildings: Every WECS sited on top of a building shall comply with
applicable provisions of the Minnesota state building code. Certification of compliance by a state
professional engineer is required. The WECS must be less than ten (10) kilowatts and not
extend higher than fifteen feet (15') above the maximum height allowed for the structure the
WECS is mounted on.
H. Nuisance Concerns:
1. Noise Control: Noise area classification (NAC1, NAC2, etc.), established by the
Minnesota pollution control agency shall be used to evaluate and regulate noise from every
WECS. The audible sound from a WECS will be measured at the property boundary line. Every
owner of a WECS that is found to be in violation of Minnesota pollution control agency's noise
standards shall cooperate in taking reasonable mitigating measures.
2. Electrical Or Radio Frequency Interference: Efforts should be taken by the proposed
WECS owner to purchase, build or recondition an electrical generator that will not create
electrical or radio frequency interference to reception of communication signals. Complaints
about electrical or radio frequency interference shall be directed to the federal communications
commission.
3. Communication Interference: Efforts should be made to site each WECS to reduce the
likelihood of blocking or reflecting television or other communication signals. If signal
interference occurs, both the WECS owner and the individual receiving interference shall make
reasonable efforts to resolve the problem. If the problem cannot be eliminated or reduced to a
reasonable level, the WECS can be shut down.
I. Other Regulations:
1. Supplying More Than One Structure: A WECS that supplies energy to two (2) or more
structures shall be allowed as long as the proposed WECS complies with all applicable zoning
regulations.
2. Wind Access: Adequate wind access is essential to the safe and efficient operation of a
WECS, and the city encourages the use of private and restrictive covenants to protect wind
access.
3. Maintenance Requirements; Abandonment; Nuisance:
a. It shall be a public nuisance if any of the following conditions exist:
(1) A WECS is not maintained in operational condition and poses a potential safety
hazard; or
(2) A WECS is not maintained and operated in compliance with applicable zoning
provisions and state and federal laws; or
(3) A WECS has not generated electricity for a period of twelve (12) consecutive
months and the wind energy facility owner has failed to remove the WECS or make it
operational within thirty (30) days after the city has given written notice to remove the WECS.
b. The city has the right to abate a public nuisance under the procedures set forth at
section 4-1-6 of this code, provided that the maximum notice period set forth at subsection
B of this code shall be sixty (60) days and not thirty (30) days for any abatement under this
section.
4. Exemptions From Provisions: Any WECS that is by nature ornamental, rather than
functional, shall be exempt from this section if total height is less than twenty five feet (25').
5. Inspections: Each WECS shall be inspected yearly by the building official, to verify that
the WECS is operational and that all requirements of installation continue to be met.
6. Wind Turbines: All wind turbines shall comply with all applicable state and federal
regulatory standards, including the uniform building code as adopted by the state of Minnesota;
national electrical code as adopted by the state of Minnesota; federal aviation administration
(FAA) requirements; and Minnesota pollution control agency (MPCA)/environmental protection
agency (EPA) regulations (hazardous waste, construction, stormwater, etc.).
7. Violation; Revocation Of Permit: Violation of any provision of this section is grounds for
revocation of a conditional use permit for a WECS.
11-4-6: SATELLITE RECEIVE -ONLY ANTENNAS (SROA):
A. Permitted Accessory Use: Satellite receive -only antennas (SROA) shall be a permitted
accessory use in all districts, subject to the standards of this Section.
B. Freestanding SROAs:
1. In districts R-3, R-4, R-5 and R-6, no SROA shall be placed within any required front
yard.
2. In all districts, SROAs shall be subject to the same setback requirements in rear or side
yards which would apply to other accessory structures within the district.
3. No antenna shall be placed less than twenty feet (20') from a public street right of way.
All such antennas shall be securely anchored.
C. Roof -Mounted SROAs: Every SROA mounted on a roof shall be subject to the normal
height limits of the zoning district in which it is located and shall comply with any applicable
requirements of the Uniform Building Code.
D. Additional Provisions:
1. In business and industrial districts, every exterior display of four (4) or more SROAs for
sale shall be considered an open sales lot and shall be subject to regulations for open sales lots
applicable to that zoning district.
2. Advertising shall not be placed on satellite antennas.
11-4-7: SOLAR ENERGY SYSTEMS:
A. Purpose: Cottage Grove supports the use of solar energy systems in appropriate zoning
districts within the City. The development of solar energy systems should be balanced with the
protection of the public safety and the existing natural resources in Cottage Grove. This section
provides for the regulation of the construction and operation of solar energy systems in Cottage
Grove, subject to reasonable conditions to protect the environment, public health, safety, and
welfare. The provisions of this section shall apply within all zoning districts. In no case shall the
provisions of this section guarantee rights to solar access.
B. Definitions: The following words, terms and phrases, when used in this section, shall have
the following meanings:
COMMUNITY SOLAR GARDEN: A solar electric (photovoltaic) array that provides retail
electric power (or a financial proxy for retail power) to multiple community members or
businesses residing or located off site from the location of the solar energy system, under the
provisions of Minnesota Statutes 216B.1641 or a successor statute.
PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly
into electricity.
SOLAR COLLECTOR: A device, structure, or a part of a device or structure for which the
primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or
electrical energy.
SOLAR DAYLIGHTING: A device specifically designed to capture and redirect the visible
portion of the solar spectrum, while controlling the infrared portion, for use in illuminating interior
building spaces in lieu of artificial lighting.
SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of
heat or light by a solar collector.
SOLAR ENERGY DEVICE: A system or series of mechanisms designed primarily to provide
heating, cooling, electrical power, mechanical power, or solar daylighting or to provide any
combination of the foregoing by means of collecting and transferring solar generated energy into
such uses either by active or passive means. Such systems may also have the capability of
storing such energy for future utilization.
SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of
which is to provide daylight for interior lighting or provide for the collection, storage, and
distribution of solar energy for space heating or cooling, electricity generation, or water heating.
SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: A solar energy system that is an
integral part of a principal or accessory building, replacing or substituting for an architectural or
structural component of the building. Building integrated systems include, but are not limited to,
photovoltaic or hot water solar energy systems that are contained within or substitute for roofing
materials, windows, skylights, or awnings.
SOLAR ENERGY SYSTEM, GRID INTERTIE: A photovoltaic solar energy system that is
connected to an electric circuit served by an electric utility company.
SOLAR ENERGY SYSTEM, GROUND MOUNTED: A freestanding solar energy system
mounted directly to the ground using a rack or pole rather than being mounted on a building.
SOLAR ENERGY SYSTEM, OFF GRID: A photovoltaic solar energy system in which the
circuits energized by the solar energy system are not electrically connected in any way to
electric circuits that are served by an electric utility company.
SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted onto the roof
of a building.
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SOLAR FARM: A commercial facility that converts sunlight into electricity, whether by
photovoltaic (PV), concentrating solar power devices (CSP), or other conversion technology, for
the principal purpose of wholesale sales of generated electricity.
SOLAR HEAT EXCHANGER: A component of a solar energy device that is used to transfer
heat from one substance to another, either liquid or gas.
SOLAR HOT AIR SYSTEM: An active solar energy system that includes a solar collector to
provide direct supplemental space heating by heating and recirculating conditioned building air.
SOLAR HOT WATER SYSTEM: A system that includes a solar collector and a heat
exchanger that heats or preheats water for building heating systems or other hot water needs,
including residential domestic hot water and hot water for commercial processes.
SOLAR MOUNTING DEVICES: Racking, frames, or other devices that allow the mounting of
a solar collector onto a roof surface or the ground.
C. General Standards:
1. Building Integrated Solar Energy Systems: A building integrated solar energy system
shall be allowed only on principal structures in all zoning districts and shall be regulated as any
other building element.
2. Wall Mounted Solar Energy Systems: Wall mounted solar energy systems are prohibited
on the side of a principal structure facing a public street. (Ord. 985, 7-19-2017)
3. Roof -Mounted Solar Energy Systems:
a. Roof mounting devices and roof mounted solar energy systems shall be flush mounted
on pitched roofs, parallel to the roofline.
b. Roof -mounted solar energy systems mounted on a flat roof of a building located in a
nonresidential district may be mounted at an angle to the roof to improve their efficiency;
however, the highest point of a solar collector shall not be more than five feet (5) from the
surface of the roof, measured in a straight line above the roof upon which the solar collector is
mounted.
c. Roof -mounted solar energy systems shall not extend beyond the exterior perimeter of
the building on which the system is mounted or built.
d. Exterior piping for solar hot water systems is prohibited to extend beyond the
perimeter of the building.
e. Roof -mounted solar energy systems shall comply with the maximum height
requirements for the zoning district in which they are located.
f. Roof -mounted solar energy systems are permitted on certain accessory structures in
residential zoning districts, subject to the following performance standards:
(1) The accessory structure must have a minimum of two hundred (200) square feet of
floor area and must comply with all accessory structure regulations for the zoning district in
which the property is located.
(2) The roof -mounted solar energy system must not extend beyond the exterior
perimeter of the roof and must not have a pitch steeper than the roof pitch upon which the
collector is mounted. (Ord. 990, 3-7-2018)
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4. Ground -Mounted Solar Energy Systems:
a. Ground mounted solar energy systems may only be erected on properties consisting
of five (5) or more acres, regardless of the zoning district in which they are located.
b. Ground mounted solar energy systems shall not exceed fifteen feet (15') in height
when oriented at maximum tilt as measured from the ground to the highest point of the solar
collector or related appurtenance.
c. Ground -mounted solar energy systems shall comply with the accessory structure
setback standards for the applicable zoning district in which they are located, except as
otherwise required in this section. Solar energy systems shall not extend into the minimum front,
rear, or side yard setbacks when oriented at minimum or maximum design tilt.
d. Ground -mounted solar energy systems are prohibited in the front yard of properties
located within the MUSA. Ground mounted solar energy systems are permitted in the front yard
of properties located outside the MUSA, but must comply with the minimum front yard setback
as required in the zoning district they are located in or such greater distance as may be required
in this section.
5. Heliostats: Heliostats are prohibited in all zoning districts.
D. Additional Requirements:
1. Public Easements: Solar energy systems shall not encroach on public drainage or utility
easements.
2. Glare: Solar collectors shall be placed and arranged such that reflected solar radiation or
glare shall not be directed onto adjacent buildings, properties, or roadways, and shall not emit
unreasonable glare. Where necessary, screening may be required to address glare created by
or as a result of the solar energy systems.
3. Standards: Solar energy systems shall meet the minimum standards outlined by the
International Electrotechnical Commission (IEC), the American Society of Heating,
Refrigerating, and Air -Conditioning Engineers (ASHRAE), ASTM International, International
Organization for Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating and
Certification Corporation (SRCC) or other standards acceptable to the Community Development
Director.
4. Certification: Solar energy systems and components shall be certified by Underwriters
Laboratories, Inc. (UL), the National Renewable Energy Laboratory, and Solar Rating and
Certification Corporation (SRCC), or other appropriate certification(s) as accepted by the City.
The City reserves the right to deny a building permit for proposed solar energy systems deemed
to have inadequate certification.
5. Building Permit Required: All solar energy systems require a building permit. A building
permit application and plan submittal must comply with the following requirements:
a. Applications For Solar Energy Systems: An application to the City for a building permit
under this section shall contain information, including, but not limited to, the following:
(1) A building permit application.
(2) A site plan of existing and proposed site conditions.
(3) Description and depiction of solar energy system.
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(4) Number of solar collectors to be installed.
(5) Location and spacing of solar collectors and mounting devices.
(6) Applications for ground mounted solar energy systems shall identify existing
vegetation on the installation site (list vegetation type and percent of coverage; i.e., grassland,
plowed field, wooded areas, etc.), and provide a maintenance plan for controlling vegetative
growth on site upon installation of the solar energy system.
(7) A description of the method of connecting the solar collectors to a building or
substation and a signed copy of the interconnection agreement with the local electric utility shall
be included or a written explanation outlining why an interconnection agreement is not required.
(8) Planned location of underground or overhead electric lines connecting the solar
energy system to the substation or distribution line.
(9) New electrical equipment other than at the existing building or substation that is the
connection point for the solar energy system.
(10) Manufacturer's specifications and recommended installation methods for all major
equipment, including solar collectors, mounting systems and foundations for poles or racks.
(11) Existing and proposed (if existing grade will be altered) topography at two foot (2')
contours.
(12) A completed glare study that demonstrates that there will be no unreasonable
glare generated by the solar energy system and that any glare generated shall not be directed
onto adjacent buildings, properties, or roadways or otherwise adversely impact neighboring
properties.
6. Grid Interties: For all grid intertie solar energy systems, all power lines shall be placed
underground within the interior of each parcel and between the solar energy system and its
connection to the electric grid. The collection system may be placed overhead near substations
or points of interconnection to the electric grid. All grid intertie systems shall have an agreement
with the local utility prior to the issuance of a building permit. A visible external disconnect must
be provided if required by the utility. Off grid systems are exempt from this requirement. (Ord.
985, 7-19-2017)
7. Special Exceptions: Solar collectors and solar energy systems with a cumulative area of
six (6) square feet or less are permitted in all zoning districts and are exempt from the
provisions of this section. Examples of these systems include outdoor accent lighting systems,
power supply for traffic control systems, powering a water pump for water gardens,
telecommunication systems, backup power systems during power outages, and similar solar
energy systems, as long as the system has a cumulative area of six (6) square feet or less.
(Ord. 990, 3-7-2018)
E. Community Solar Gardens And Solar Farms: Community solar gardens and solar farms
are permitted with an interim conditional use permit subject to the following requirements:
1. Ground Mounted Community Solar Gardens And Solar Farms: Ground mounted
community solar gardens and solar farms are permitted only in those areas shown on exhibit A
on file in the City, and must comply with the following requirements:
a. A minimum of five (5) acres of land is required. All ground mounted solar energy
systems and solar collection appurtenant equipment must set back a minimum of three hundred
feet (300') from all property boundary lines.
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b. Vegetative screening or buffering of the ground -mounted solar energy systems may be
required as part of the conditions of approval. Screening or buffering shall be based on the
proximity of the system to residential buildings and to abutting public right-of-way. Screening
may include walls or fences.
c. The electrical connection systems shall be placed underground within the interior of
each parcel and between the solar energy system and the point where the interconnection to
the electric grid is made. Exemptions may be granted in instances where shallow bedrock,
water courses, or other elements of the natural landscape interfere with the ability to bury lines.
2. Roof Mounted Community Solar Gardens And Solar Farms: Roof mounted community
solar gardens and solar farms are permitted on flat roofs on principal structures in all zoning
districts regardless of lot size, and must comply with the following requirements:
a. All feeder lines and grid interties shall be placed underground between the solar
energy system and the point where the interconnection to the electric grid is made. The
collection system may be placed overhead near substations or points of interconnection to the
electric grid.
b. Roof -mounted systems shall comply with all building setbacks in the applicable zoning
district and shall not extend beyond the exterior perimeter of the building on which the system is
mounted.
c. Roof -mounted solar energy systems must abut an existing electric distribution system
for purposes of making the interconnection to the electric grid.
d. Solar energy systems are allowed on flat roofs on accessory structures only in non-
residential zoning districts.
e. Solar collectors mounted on flat roofs on principal and accessory structures in non-
residential zoning districts may be mounted at an angle, but no portion of the solar collector may
extend more than five feet (5') above the surface of the flat roof.
F. Decommissioning: A decommissioning plan shall be submitted with all applications for
community solar gardens or solar farm systems.
1. Decommissioning plans shall outline the anticipated means and cost of removing the
solar energy system at the end of its serviceable life or upon the discontinuation of its use. The
cost estimates shall be made by a competent party, such as professional engineer, a contractor
capable of decommissioning the system, or a person with suitable expertise or experience with
decommissioning. The plan shall also identify the financial resources that will be available to
pay for the decommissioning and removal of the system. Owners of solar energy systems may
rely on manufacturer's data to submit estimates.
2. Decommissioning of the system must occur within ninety (90) days from either of the
following:
a. The end of the system's service life; or
b. The system becomes a discontinued use.
3. A system shall be considered a discontinued use after one year without energy
production, unless a plan is developed during the year the system is discontinued and submitted
to the Zoning Administrator outlining the steps and schedule for returning the system back into
service.
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4. The City may, at its discretion, require the owner and/or operator of the solar energy
system to provide financial security in the form of a cash escrow, bond, or irrevocable letter of
credit in an amount equal to one hundred twenty five percent (125%) of a cost estimate for
decommissioning the system.
5. The owner of the property where a community solar garden or solar farm is located must
notify the City in writing when feeder lines and/or grid interties are disconnected from the local
utility transmission line.
G. Abandonment: If a solar energy system remains nonfunctional or inoperative for a
continuous period of one year, the system shall be deemed to be abandoned and shall
constitute a public nuisance. The owner shall remove the abandoned system at its expense
after a demolition permit has been obtained. Removal shall include removal of the entire solar
energy systems, including all solar collectors, mounting structures, and related components.
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