HomeMy WebLinkAbout2022-12-19 PACKET 06.2. ZONING CODE AMENDMENTSTAFF REPORT CASE: TA2022-070
ITEM: 6.2
PUBLIC MEETING DATE: 12/19/22 TENTATIVE COUNCIL REVIEW DATE: 12/21/22
APPLICATION
APPLICANT: City of Cottage Grove
REQUEST: A zoning text amendment for a full repeal and replacement of the City's
Zoning Code Title 11 that includes general modifications relating to
organization, format, modernized language, and readability, and a zoning
map amendment for city-wide rezoning as authorized in City Code Section
11-2-8(D) and Minnesota Statute Section 462.357, subd. 3.
SITE DATA
LOCATION: Citywide
ZONING: N/A
GUIDED LAND USE: N/A
LAND USE OF ADJACENT PROPERTIES: CURRENT
NORTH:
EAST: N/A
SOUTH:
WEST:
SIZE: N/A
DENSITY: N/A
RECOMMENDATION
Approval.
GUIDED
Cottage
Grove COTTAGE GROVE PLANNING DIVISION
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Planning Staff Contact: Emily Schmitz, Senior Planner; 651-458-2874; eschmitz(o-)_cottagegrovemn.gov
Mike Mrosla, Senior Planner; 651-458-2825; mmrosla(o-)_cottagegrovemn.gov
Conner Jakes, Associate Planner; 651-458-2868; ciakes cottagegrovemn.gov
Application Accepted:. N/A 60-Day Review Deadline: N/A
City of Cottage Grove Planning Division 9 12800 Ravine Parkway South 9 Cottage Grove, MN 55016
MmCottage
Grove
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To: Members of the Cottage Grove Planning Commission
From: Amanda Johnson, Assistant City Attorney and Planning Staff
Date: December 19, 2022
Subject: New Zoning Code Final Adoption
INTRODUCTION
For the last year, as part of the City Code recodification process, the City's Planning Staff and
the City Attorney's office have been working to review and revise the City's Zoning Code. Much
of the current Zoning Code was drafted in the 1970's. A complete repeal and replacement of the
Zoning Code was necessary to provide the City with a clean, updated, reorganized and more
efficient document.
Staff evaluated every zoning district, rule, performance standard, and definition, updating,
revising, and removing items as needed to reflect best practices as well as confirming statutory
citations, removing unnecessary or duplicative sections, moving sections to more appropriate
locations in the Code, and using consistent capitalization, titles and citations. This memo will
provide a summary of the changes made to the Zoning Code.
SECTIONS MOVED OUT OF THE ZONING CODE
• Advisory Committee for Historic Preservation (ACHP) was moved to Title 2, Boards and
Commissions. This included all of the ACHP's duties and responsibilities.
• Chapter 5: Adult Establishments was moved to Title 3, Licensing. All adult use
establishments require a City license. The language and many terms were updated to
reflect current terminology.
• Connection to Public Services section was moved to Title 8, Water and Sewer. It lists
times when connection to public utilities is required.
• Grading, Filling and Excavating was moved to Title 9, Building Regulations. It requires a
construction permit for major grading and filling of land and the regulations are more
appropriate for this section of the Code which addresses construction -related matters.
ZONING CODE
Chapter 1
Purpose and Definitions
The definitions section was reviewed to ensure all terms were used within the code -unused
words removed, some language was modernized, and some new definitions were introduced:
o No longer use "classes" to define restaurant types
o No longer define motor fuel stations as either minor or major
o Removed all adult use definitions
o Removed terms already defined in the Tree Preservation section
o Modernized language:
Old:
CHURCH: A building, together with its accessory buildings and uses, where
persons regularly assemble for religious worship; and which building, together with
its accessory buildings and uses, is maintained and controlled by a religious body
organized to sustain public worship.
New:
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. The service of food,
meals and alcoholic beverages on such premises may be provided if 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.
Old:
DWELLING: A building or one or more portions thereof occupied or intended
to be occupied exclusively for residence purposes; but not including rooms in
motels, hotels, nursing homes, or boarding houses; nor trailers, tents, cabins or
trailer coaches. A "dwelling" shall not be interpreted to include lodging rooms.
DWELLING, ATTACHED: A dwelling which is joined to another dwelling at
one or more sides by a party wall or walls.
DWELLING, DETACHED: A dwelling which is entirely surrounded by open
space on the same lot.
DWELLING, MULTIPLE: A building used for occupancy by three (3) or more
families living independently of each other and containing three (3) or more
dwelling units, but not including group, row, quad homes, and townhouses up to a
maximum of eight (8) units attached.
DWELLING, SINGLE-FAMILY ATTACHED: A residential building containing
two (2) or more dwelling units, each of which has primary ground floor access to
the outside and which are attached to each other by party walls without openings.
The term is intended primarily for such dwelling types as townhouses and
duplexes. Each dwelling unit must be located on a separate lot of record.
DWELLING, SINGLE-FAMILY DETACHED: A residential building containing
not more than one dwelling unit entirely surrounded by open space on the same
lot of record.
New:
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 entrances 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.
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.
Old:
FAMILY: An individual, or two (2) or more persons each related by blood,
marriage, or adoption, including foster children, living together as a single
housekeeping unit; or a group of not more than four (4) persons not so related,
maintaining a common household.
New:
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.
Old:
RESTAURANT: An establishment, other than a hotel, where food or drink is
regularly prepared on the premises and served to the general public.
New:
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RESTAURANT: An establishment open to the public where food and or drink
is prepared and offered to the public. To be considered a restaurant, at least fifty
percent (50%) of the seating shall be available to the public during hours of
operation.
Old:
RETAIL SHOPPING STORES: Stores and shops selling personal services or
goods over a counter, including the following businesses, goods and services:
antiques; art and school supplies; auto accessories; bakeries; barbershops;
beauty parlors; bicycles; books and stationery; candy; cameras and
photographical supplies; carpets and rugs; catering establishments; china and
glassware; Christmas tree sales; clothes pressing; clothing and costume rental;
custom dressmaking; department stores and junior department stores; drugs; dry
goods; electrical and household appliances; sales and repair; florists; food;
furniture; furrier shops; garden supplies (year round operation only); gifts;
hardware; hats; hobby shops for retail of items to be assembled or used away from
the premises; household appliances; hotels and apartment hotels; interior
decorating; jewelry, including watch repair; laboratories, medical and dental
research and testing; laundry and dry cleaning pick up processing to be done
elsewhere; laundromats; leather goods and luggage; locksmith shops; musical
instruments; office supply equipment; optometrists; paint and wallpaper;
phonograph records; photography studios; restaurants, when no entertainment or
dancing is provided; shoes; sporting goods; tailoring; theaters, except open air,
drive-in; tobacco; toys; variety stores; wearing apparel and similar uses.
New:
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.
o Added definitions:
■ Sale Showroom
■ Community Center
■ Event Center
■ Deck
■ Catering
■ Cottage Food Operation
■ Hospital
■ Nursing home/Assisted Living Facility/Licensed Residential Care Facility
■ Outdoor Seasonal Sales
■ Proof of Parking
■ Principal Use/Building
Chapter 2
Administration and Enforcement
There is a concerted effort toward making the development process run more smoothly. All
processes for variances, text and map amendments, conditional use permits, site plans,
administrative conditional use permits, interim use permits were cleaned up for uniformity and
Is
consistency. There are central provisions for the public hearing process, 60-day rule, approvals,
denials, lapses of approvals, appeals, and revocations to ensure that all applications have an
identical process and a clear path to follow. Clear rules for zoning application fees and escrows
and development agreements were created.
A couple of new tools are being introduced to ease the legislative red tape and allow for a fast -
track of approval are the administrative approval of site plans and conditional administrative use
permits.
Administrative Site Plan: Certain site plans may be approved administratively by the Community
Development Director if they involve minor structural additions that are less than 10% of the
existing site. The Community Development Director may always refer an application to the
Planning Commission and Council if the application is too complex for administrative review or
requires a degree of subjectivity.
Conditional Administrative Use Permits: This process will allow the Community Development
Director to approve permits for uses or activities that do not require the level of scrutiny and
discretion needed for a Conditional Use Permit, but still require a greater level of review than a
permitted use. For example, many public utility or service structures such as transmission lines,
substations, and communications equipment follow very clear performance standards and are
highly regulated. Staff can easily take the application and required documentation and run it
through a checklist to confirm that it complies with Code. It requires no subjectivity or discretion
on Staff's part to make that decision.
Chapter 3
General Zoning Provisions
Chapters 3, 4 and 6 were reorganized and consolidated into "General" and "Special" zoning
provisions to avoid confusion. The Chapter 6 Performance Standards is being removed. Chapter
3 is general provisions that apply to all zoning districts.
Encroachments: Previously covered under Yards, now is its own section.
Parking and Loading (formerly Off -Street Parking and Loading)
• Updated table for regulations to better match allowed uses in zoning districts.
• Removed loading berth size restrictions.
• Provided more flexibility for parking calculations using a new definition for floor area that
does not count un-used space (employee break rooms, storage, etc.).
• Allows proof of parking.
Fences and Walls: Grouped additional screening requirements previously mixed into other code
sections. Incorporated new types of construction materials.
Accessory Structures:
• Reorganized tables for better readability.
• Principal garage, either attached or detached, does not count towards square feet for
accessory structures.
5
• Swimming pools and one accessory structures less than 200 sq ft does not count towards
square feet for accessory structures.
• Maximum garage area is 1,200 sq ft, used to be 1,000 sq ft.
• Increased accessory structure size that does not require a building permit from 160 to
200 sq ft for residential districts.
Trash Enclosures (formerly Solid Waste Storage)
• Setback requirement was reduced from 10 feet to 5 feet from property line.
• Now allow composite fencing material
• Removed minimum opening for storage facility.
Glare & Lighting (formerly Glare):
• Moved glare and heat performance standards from industrial districts.
• Moved lighting standards to this section (i.e. downward directed lighting)
Architectural Design Standards: This section was updated to reflect current design trends and
materials and provide additional flexibility for development projects while protecting a minimum
quality level for the City.
Tree Preservation
• Updated protected tree species and non -protected tree species align with DNR
recommendations.
• Updated preservation calculations to reflect intent of ordinance.
• Recognized credit for additional landscaping.
Landscaping
• Updated requirements to reflect limitations of smaller lot sizes versus larger lot sizes
• Modified buffer requirements adjacent to main roads.
Signs: This section will be reviewed/revised in 2023 to ensure First Amendment protections are
honored. It was formatted to be consistent with the Code, but no substantive changes were made
at this time.
Chapter 4
Special Zoning Provisions
Drive -Through Establishments and Fast Food (formerly Drive-in and Class 3 restaurant):
• Removed references to classes of restaurants.
• Moved all drive through related regulations here instead of being sprinkled throughout the
various sections.
• Created different standards for restaurants drive-throughs versus non -restaurant drive-
throughs (pharmacy, bank, etc.).
Event Centers: Currently, the code allows "Convention, banquet and exhibition halls" as
conditional uses in the B3, PB and MU zoning districts but there are no performance standards
and no definition. We are consolidating these uses into one new definition:
Event Center: An establishment which is rented by individuals or groups to host private
social gatherings including, but not limited to, banquets, meetings, weddings, and other
similar celebrations. Such a use may or may not include: 1) kitchen facilities for the
preparation or catering of food; 2) the sale of alcoholic beverages for on -premises
consumption only during scheduled events and not open to the general public; and 3)
outdoor gardens, patios or outdoor gathering areas.
The conditions for Event Centers are as follows:
• If adjacent to residential: Patios and outdoor seating must be setback 150 feet,
screening is required around outdoor seating and parking areas and no outdoor
amplification is allowed
• Off-street parking requirements are the same as restaurant parking requirements
• Hours of operation are no later than 10:00 Sunday through Thursday and midnight
on weekends.
• Limitations on outdoor sound when adjacent to residentially zoned property.
• The use will still require a CUP in the B3, PB and MU Zoning Districts.
Motor Fuel Stations: Language and layout have been restructured for clarity; moved
performance standards from business zoning district to here; now allow parking spaces in front
of principal structure; removed references to truck stops (not an allowed use).
Home Occupations: Moved from residential districts and updated for modern work from home
trends.
Donation Drop Boxes: This use will be approved through an administrative conditional use
permit.
Solar Energy Systems: This section was updated to reflect current technology.
Wind Energy Conversion Systems: This section was updated to reflect current technology and
limit wind farms to agricultural locations.
Temporary Outdoor Sales: Moved from residential zoning districts (as "Outdoor Seasonal
Temporary Sales") and business zoning districts (as "Temporary Outdoor Promotional and
Merchandising Activities").
• Requires an IUP
• Subsequent approvals can be done administratively provided there is no change in
proposed use and there have been no code violations/public complaints
Density Bonus: This new provision allows the Council to increase the maximum permitted
density for residential property by up to an additional 20% if the project meets certain affordable
housing policies. The specific percentage of increased density allowed is related to the number
of units set aside for the Average Median Income household, as well as the design components
added to the project. For example:
10 to 15% of the total units set aside for 30% AM
May
add 15-20% density
Preservation of significant wooded areas and open space
May
add 0-5% density
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Chapter 5
Adequate Public Facilities
The purpose of this Chapter is to stage the zoning, subdivision and development of land within
the City's residential, commercial and industrial areas so that sewer and transportation capacity
demands caused by new development are consistent with the Comprehensive Plan, do not have
substantial impacts on metropolitan, County and City sewer and transportation facilities and
plans, and the adequate facility and infrastructure capacity is available concurrently with
demands generated by new development. It was reviewed by City Staff and determined that no
significant changes were needed.
Zoning Map Amendment
The Zoning Map is being amended in its entirety, with various zoning districts being
renamed/renumbered, thus requiring a repeal and replacement of the map. The specific zoning
districts impacted are addressed in this memo but here are two maps that detail the differences:
Current Zoning Map:
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Grove
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Zonr ng Map
MU - Mixed Use
I I PS - Planned B
%7 PDO - Planned Development Overlay
PUD - Planned
AGl - Agricultural Preservation
RI- Rural Resic
A32 - Agricultural
R2 - ReSidenkia
Bl- Limited Business
R2.5 - Residenl
132 - Retail Business
R2A - Resident
B3 - General Business
R3 - Single Far
II -Limited Industrial
R4- Low Densi
12 - General Industry
R5 - Medium D
I3- Heavy Industry
R5 - High DensI4
-Commercial Excavation
UR - Urban Res
I5- Railroad Access
N Mlles
A0 n25 05 ,
A
New Zoning Map:
IN
Proposed Zoning
AG1- Agricultural Il - General Industrial
O AG2 — Agriculture Preserve I2 - Heavy Industrial
R1— Rural Residential I3 — Commercial Excavation
R2 - Residential Estate 0 B1 - Limited Business
R3 — Single Family Residential B2 — Retail Business
O , R4 — Transitional Residential B3 — General Business ;
R5 — Medium Density Residential PB — Planned Business �■
R6 — High Density Residential MU - Mixed Use
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The most significant change is the removal of the diagonally hashed areas on the current map,
many of which are rezoned to R3 Single Family Residential.
Chapter 6
Agricultural Zoning Districts
AG-1 and AG-2 saw no significant changes, other than to remove specific performance
standards for things such as farmers markets (temporary outdoor sales lots) and home
occupations and move them to Special Zoning Provisions and clean up the use list to reflect
current uses.
Chapter 7
Residential Zoning Districts
The Residential zoning districts were consolidated, while attempting to keep the most flexible
standards to ensure that no residential lot is negatively impacted by any rezoning.
• R1 — Rural Residential District: Minor changes only.
• R2 — Residential Estate District
This section remains relatively unchanged. However, the UR- Urban Reserve Residential
9
was removed and rezoned R2. The UR zoning district was created in 1996 and no longer
serves the purpose for which it was intended. It was meant to be a transitional zoning
district while the area around it became eligible for development. It was a problematic
district because underthe Comp Plan any transitional property should be zoned UR, but
that is not in the best interest of the transitional properties. Currently, there are only a
couple properties zoned UR and a portion of those properties is already zoned R2,
making it a logical district for the rest of the UR district.
• R3 — Single -Family Residential
o R-2.5 was rezoned R3, as it was nearly identical to this zoning district.
o Most of the R2A-R2F were also rezoned R3. They were created 16 years ago as
part of the East Ravine Master Plan, however only one development was zoned
using these designations. The reality is these districts are not used and outdated
for current design and building trends.
o No multi -family uses are allowed in the R3 as this is intended to be preserved as a
Single -Family zoning district.
o As you can see from the table, more flexibility is being provided in the R3 zoning
district to attempt to avoid any legal nonconforming situations.
Development Standards
R3 (Current)
R3 (New)
Lot Area
10,000 s . ft.
N/A
Lot Width
75'
65'
Lot Depth former) "length")
130'
130'
Front Yard
30'
25'
Rear Yard
35'
35'
Side Yard(living area of dwelling)
10,
7.5'
Side Yard (attached garage)
5'
5'
Side Yard corner
N/A
20'
Maximum principal structure height
30'
35'
Maximum lot coverage of impervious surface
N/A
35%
• R4 —Transitional Residential Zoning District.
o This District allows both single family lots and multi -family lots. The intent of
creating the Transitional District is to provide flexibility for lot sizes, depending on
the use. Given the current and prospective housing market, the minimum lot width
is smaller than the R3, which will allow for a variety of lot widths for single-family
lots, as well as allowing for denser townhome developments or multi -family high -
density developments.
o The difference between the current standards and the new standards can be seen
here:
Development Standards
R4 (Current)
R4 (New)
Lot Area
7,500 s . ft.
N/A
Lot Width
60'
55'
Lot Depth
N/A
120'
Front Yard
30'
25'
10
Rear Yard
35'
30'
Side Yard(living area of dwelling)
7.5'
7.5'
Side Yard attached garage)
5'
5'
Side Yard (corner)
N/A
20'
Maximum principal structure height
35'
35'
Maximum lot coverage of impervious surface
30%
40%
Accessory Structure Performance Standards
Accessory Structure Performance Standards
R4 (Current)
R4 (New)
Number
1
1
Total Size
850 s . ft.
500 s . ft.**
* Other standards (setbacks, exterior finish) will remain the same as current.
**For detached single-family dwellings only
• R5 — Medium Density Residential: Cleaned up the use list to reflect current uses,
modified Development Standards to reflect current building and lot trends.
• R6 — High Density Residential: Cleaned up the use list to reflect current uses, modified
Development Standards to reflect current building and lot trends.
Chapter 8
Business Districts
Here is a general explanation for the purpose of each business district, followed by the changes
in each district:
Limited Business District, B-1
The purpose of the Limited Business District is to provide a buffer district adjoining residential
districts with the goal of providing an area for administrative office buildings and related office
uses.
• Uses Removed:
o Community Center
o Freestanding cell towers
o Radio/television studio or towers
o Pet related care including vet clinic
• Uses Added/Amended:
o Commercial overnight delivery drop box now requires a Conditional
Administrative Permit
o Restaurant without a drive -up window
Retail Business District, B-2
The purpose of the Retail Business District is to encourage retail sales and services while
minimizing the impact of surrounding residential neighborhoods.
• Uses Removed:
o Bingo games and gambling (now falls under commercial recreation indoor)
o Pawnshop
o Showroom warehouse
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• Uses Added/Amended:
o Business or trade school with a CUP
o Event Center with CUP
o Funeral Homes
o Tax exempt lodges and clubs that do not serve alcohol are permitted (if they serve
alcohol, they need a CUP)
o Cannabis sales
o Donation Drop Boxes
General Business District, B-3
The purpose of the General Business District is to provide centralized areas for retail businesses
and highway or automobile -oriented businesses.
• Uses Removed:
o Armories, convention halls
o Bus passenger depots/terminals
o Nursing homes / Memory care
o Indoor auto/recreational vehicle/boat sales
o Showroom warehouse
• Uses Added/Amended:
o Tax exempt lodges and clubs that do not serve alcohol are permitted (if they serve
alcohol, then they need a CUP)
o Cannabis Sales
o Donation Drop Boxes
• Changes to Development Standards: Side -yard interior lot line adjacent to a residential
district — was 75 feet, now 30 ft. (this matches M-U).
Planned Business District, P-B
The purpose of the Planned Business District is to provide a mix of retail, commercial and
industrial uses which are complimentary to the Cottage Grove Industrial Park. Allows for
manufacturing and retail.
• Removed Pawnshop
• Added/Amended:
o Indoor auto/recreational vehicle/boat sales now require a CUP
o Freestanding cell towers with a CUP
o Cannabis Sales
o Donation Drop Boxes
• Changes to Development Standards: Side -yard interior lot line adjacent to a residential
district — was 75 feet, now 30 ft. (this matches M-U).
• Changes to Performance Standards: Clarified ability to park in front yard (current
language confusing and not enforced)
Mixed -Use Business District, M-U
The purpose of the Mixed -Use Business District is to provide flexibility for complementary uses
including high density residential, commercial services, retail, office and transit. Specific changes
are as follows:
• Automatic car wash with a gas station is now permitted (previously required a CUP)
• Business or trade school with a CUP
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• Community Center/Event Center with a CUP (was previously permitted)
• Offices for administrative, executive or professional services
• Public or private schools with a CUP
• Tattoo and body piercing
• Wholesale businesses
• Donation Drop Boxes
Neighborhood Business District, N-B: This zoning district is being removed because the City
does not use it.
General Changes to Business Districts:
• Removed agricultural uses from the business districts.
• Added car charging stations as a conditional administrative use.
• Removed items that were not "uses" such as bike racks, decorative landscape features,
and exterior employee break areas
• Updated the Use Table to reflect modern language and the current market of businesses
within City as well as businesses we are trying to attract. For example, specific retail
uses, such as "toy store," "dry goods," and "casket supplies," were removed and would
now be considered "general retail."
• Unnecessary uses were removed, such as an "auction house"
• Consolidated the list of commercial recreation uses to Indoor Recreational Uses versus
Outdoor Recreational Uses and further:
o Indoor recreational uses are now a permitted in all districts except B-1.
o Outdoor recreational uses will now require a CUP.
Chapter 9
Industrial Districts
General Industrial District, 14 (1-2 is rezoned as 1-1)
Combined Limited Industry District (1-1) with General Industrial District (1-2). 1-1 was originally
intended to have some non -industrial uses, however it has not developed that way and the
existing uses are only industrial in nature. The General Industrial District is intended to provide
a district appropriate for manufacturing, compounding, processing, packaging or treatment of
products, excluding any hide or animal processing, packaging, storing or transporting.
Heavy Industrial District, 1-2 (1-3 and 1-5 are rezoned as 1-2)
Combined Heavy Industrial District (1-3) with Railroad Access Industrial District (1-5). The Heavy
Industrial District provides areas suitable for industrial uses which are more intense than the 1-1
district and may have greater impact to noncommercial land uses. This includes uses that require
direct access to rail lines for shipment. Property zoned 1-2 will be located outside the metropolitan
urban service area (MUSA).
Commercial Excavation District, 1-3 (1-4 is rezoned as 1-3)
The Commercial Excavation District provides for the availability of sand, gravel and other mineral
deposits or materials. This district seeks to permit other land uses as long as they will not conflict
with adjacent land uses.
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General Changes to the Industrial Districts:
Removed items that were not really "uses"
Updated the Use Table to reflect modern language and the current market of
businesses within City as well as businesses we are trying to attract.
Chapter 10
Floodplain Management
No changes. This is another technical section that does not need modification very often but is
highly regulated by other agencies to ensure compliance.
Chapter 11
Conservancy District
The only significant change was to remove the requirement that all public properties designated
as parks or open space must be placed in the Conservancy District.
Chapter 12
Planned Development Overlay District
• Renamed "Planned Unit Development (PUD) Overlay."
No longer designating a PUD its own zoning district. Best practices require we keep an
underlying zoning district and use the PUD as an overlay. This means that the
development must comply with the existing zoning district uses, but allows for flexibility
in some of the development standards that apply, such as minimum lot sizes, setbacks,
height requirements, etc. Existing PUDs will continue to be held to its conditions at the
time its development was approved, but the underlying properties are zoned consistent
with the development, mostly R3 Single Family.
Updated the purpose statements to better reflect the goals and requirements for a PUD.
Chapter 13
Mississippi River Corridor Critical Area Overlay District
No changes. The DNR provides occasional requested updates to the regulations in this district
and staff works with the DNR to implement or request modifications as needed.
CONCLUSION
The Staff (legal and City Staff) have worked extremely hard to make this truly a new and
improved Zoning Code. It will be exciting to have a Zoning Code that better reflects the intent
and goals of the City and provides an easier roadmap for Staff, residents, and applicants to
navigate. If approved, the new City Code would be effective January 1, 2023.
RECOMMENDATION:
Approve recommendation of the Ordinance Repealing and Replacing the Cottage Grove City
Code and Zoning Map.
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ATTACHMENTS:
Proposed Zoning Code and Zoning Map
LINK TO TITLE 11 ZONING CODE:
I _1 Draft Zoning Code
15
Zoning Map
0 AG1
- Agricultural
M I1 -
General Industrial
0 AG2
— Agriculture Preserve
11110 I2 -
Heavy Industrial
R1 —
Rural Residential
= I3 —
Commercial Excavation
R2 -
Residential Estate
B1 -
Limited Business
R3 —
Single Family Residential
B2
— Retail Business
R4 —Transitional
Residential
B3
— General Business
R5 —
Medium Density Residential PB
— Planned Business
R6 —
High Density Residential
MU
- Mixed Use
Disclaimer: This map is intended for reference purposes only and is
not a legally recorded map or survey. The City of Cottage Grove shall
not be liable for any damages or claims that arse due to accuracy,
availability, use or misuse of the information herein pursuant to MN
Statute 466.03 Subd 21.
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County of Dakota, Metropolitan Council, MetroGIS, Esri, HERE, Garm in, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, USDA
CITY OF COTTAGE GROVE, MINNESOTA
ORDINANCE NO. 1063
AN ORDINANCE REPEALING AND REPLACING THE COTTAGE GROVE CITY CODE
The City Council of the City of Cottage Grove, Washington County, Minnesota, does
hereby ordain as follows:
SECTION 1. REPEAL. The City of Cottage Grove, County of Washington, State of
Minnesota, City Code is hereby repealed in its entirety.
SECTION 2. REPLACE. The City of Cottage Grove, County of Washington, State of
Minnesota, City Code is hereby replaced in its entirety.
SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The City Council adopted an ordinance repealing and replacing the Cottage Grove City
Code into a new, cleaner, updated, reorganized and more efficient document. It contains
updated statutory citations, the removal of unnecessary or duplicative sections, the use
of consistent capitalization, titles and citations, as well as implementing best practices in
all areas of the Code to ensure an efficient and user-friendly document for Staff and for
the general public. Some of the more significant changes include the following:
General City Code:
• Title 1: Administration: Adding a general penalty section for uniform enforcement
of any code violations; also adding a new fee for property owners who have an
excessive number of nuisance activity police calls
• Title 2: The Boards and Commission section contains uniform provisions that apply
to all of them, but for the Advisory Committee for Historic Preservation, which has
extra duties and responsibilities surrounding historic properties
• Title 3: Licensing: Adding a general business license section so that it can be "one -
stop -shopping" for any business applying for a required license; adding an
intoxicating CBD license for any business that is authorized to sell CBD products
with TCH
• Title 4: Public Health and Safety: Enhancing the public nuisance section to allow
for swifter and more efficient property code violations, complete with notice
requirements and the ability for appeal by the property owner
• Title 5: Police: Adding a crime for possessing catalytic converters without proof of
purchase; adding an ordinance requiring consumers to show proof of ID if buying
a 3rd party gift card and paying by credit card to ensure the credit cards are not
stolen
• Title 6: Motor Vehicles: Clarifying where recreational vehicles, as well as motorized
and electric vehicles can be operated within the City
City of Cottage Grove, Minnesota
Ordinance No. 1063
Page 2 of 3
• Title 7: Public Ways and Property: The Special Event Permit requirement was
removed and now anyone wanting to conduct an activity in a city park or on city
right of way will only need to go through the Parks & Rec Department or the Public
Safety Director
• Title 8: The Water and Sewer section saw a few minor changes
• Title 9: Building Regulations was relatively unchanged, but for adding a
requirement that large industrial buildings must upgrade their 800 MHz Radio
systems to ensure that Public Safety has coverage when responding to an
emergency
• Title 10: The Subdivision Regulations remain unchanged but will be updated in
2023
Zoning Code:
• Chapter 1 Definitions: Removed out-of-date terms, added current terms and
modified definitions as needed.
• Chapter 2 Administration and Enforcement: Updated the processes for
administration of the zoning code including variances, conditional use permits, site
plan review and development agreements, processes for denial, appeal and
amendment, and added a new tool called a Conditional Administrative Use Permit.
• Chapter 3 General Zoning Provisions: Expanded the ability to have accessory
structures, updated fence requirements to reflect current materials and design,
changed off-street parking requirements to provide more flexibility, and expanded
home occupation use.
• Chapter 4 Special Zoning Provisions: Updated standards related to: motor fuel
stations, drive-throughs, temporary outdoor sales, vehicle sales, antennas, car
washes, self -storage facilities, outdoor dining, and event centers. Added density
bonuses for affordable housing policies, and regulations for donation drop boxes.
Updated solar and wind energy uses to reflect changes in technology and
equipment.
• Chapter 5 Adult Uses: Moved from zoning code to licensing.
• Chapter 6 Performance Standards: Moved grading to building code, updated
architectural standards to reflect current design trends and materials, changed
landscaping requirements for current lot size trends, modified tree preservation
program in response to current caselaw, updated requirements for trash
enclosures, exterior storage, and mechanical screening.
• Chapter 7 Adequate Public Facilities: Updated for current processes.
• Chapter 8 Agricultural Use Districts: Updated to reflect current uses and removed
outdated uses.
• Chapter 9 Residential Districts: Removed redundant and unnecessary residential
districts and organized existing residential uses into new zoning districts as needed
to protect single-family properties while allowing for construction and expansion of
multi -family properties in appropriate areas.
• Chapter 10 Business Districts: Updated and streamlined the business uses to
reflect the current uses in the City and added uses the City wants to attract in the
future. Removed unneeded business districts.
City of Cottage Grove, Minnesota
Ordinance No. 1063
Page 3 of 3
• Chapter 11 Industrial Districts: Merged industrial zoning districts and updated
industrial uses to reflect the current uses in the City and added uses the City wants
to attract in the future.
• Chapter 12 Floodplain Management: No substantive changes.
• Chapter 13 Conservancy District: Updated uses allowed in district.
• Chapter 14 Planned Unit Development Overlay: No substantive changes.
• Chapter 15 Mississippi River Corridor Critical Area Overlay District: No substantive
changes.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect on
January 1, 2023.
Passed this 21 day of December.
Myron Bailey, Mayor
Attest:
Tamara Anderson, City Clerk
Published in the Saint Paul Pioneer Press on [Date].
CITY OF COTTAGE GROVE, MINNESOTA
ORDINANCE NO. 1062
AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, REPEALING AND
REPLACING THE COTTAGE GROVE OFFICIAL ZONING MAP
The City Council of the City of Cottage Grove, Washington County, Minnesota, does
hereby ordain as follows:
SECTION 1. REPEAL. The City of Cottage Grove, County of Washington, State of
Minnesota, Official Zoning Map is hereby repealed.
SECTION 2. REPLACE. The City of Cottage Grove, County of Washington, State of
Minnesota, Official Zoning Map is hereby replaced as follows:
Zoning Map
0 AG.1
- Agricultural
11 -
General Industrial
0 AG2
—Agriculture Preserve
12 -
Heavy Industrial
R1 —
Rural Residential
I3—Commercial
Excavation
R2 -
Residential Estate
0 B1 -
Limited Business
R3 —
Single Family Residential
B2
— Retail Business
0 R4 —Transitional
Residential
F-1 B3
— General Business
R5 —
Medium Density Residential W1 PB
— Planned Business
R6 —
High Density Residential
= HU
- Mixed Use
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SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect on
January 1, 2023.
Passed this 21 day of December.
Myron Bailey, Mayor
City of Cottage Grove, Minnesota
Ordinance No. 1062
Page 2 of 2
Attest:
Tamara Anderson, City Clerk
Published in the Saint Paul Pioneer Press on [Date].
\\cocg-fs1\Groups\CITYFILES\22 CITYFILES\070ZA Amendment of Zoning Ordinance 2022-12-19\2022-12-19 Planning Commission\Zoning
Map Ordinance.docx
CHAPTER 1
PURPOSE AND DEFINITIONS
SECTION:
11-1-1: Title
11-1-2: Intent and Purpose
11-1-3: Rules of Construction; Definitions
11-1-1: TITLE:
This Title shall be known, cited and referred to as the Cottage Grove Zoning Ordinance or 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 health, safety, morals, comfort, convenience and general welfare of the
public.
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.
I. Establishing standards and procedures regulating land use.
11-1-3: RULES OF CONSTRUCTION; DEFINITIONS:
A. Rules of Construction: The language set forth in the text of this Title shall be interpreted
in accordance with the following rules of construction:
1
1. The word "shall" is mandatory and not discretionary; the word "may" is permissive.
2. The word "lot" shall mean a buildable and properly zoned lot, unless otherwise defined
herein and shall include the words "piece", "plot", and "parcel".
3. The phrase "used for" shall include the phrases "arranged for", "designed for",
"intended for", "maintained for" and 'occupied for".
B. Definitions: The following words, terms, and phrases when used in this Title shall have the
meaning ascribed to them in this Title except where the context clearly indicates a different
meaning:
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 3, Chapter 14.
AGRICULTURAL BUILDING: A structure on agricultural land as defined in Minnesota
Statutes Section 273.13, subdivision 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, soybeans, alfalfa, corn, hay, oats, potatoes, rye,
sorghum, and sunflowers.
2
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: dairy, eggs, meat, feathers and honey.
4. Tree farms.
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
Part 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.
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.
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, PRINCIPAL: A building in which the primary use of the lot on which the building
is located is conducted.
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.
CATERING: An establishment that prepares food for off -site consumption.
3
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.
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 OPEN SPACE: A parcel or parcels of land or an area of water or a combination
of land and water within a development site which is designated and intended for the use and
enjoyment of the development's residents.
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.
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.
2
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. 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.
COTTAGE FOOD OPERATION: An individual person who prepares, at the person's
residence, non -potentially hazardous food subject to requirements in Minnesota Statutes Section
28A.152.
DAYCARE CENTER (CHILD OR ADULT): Any facility operated for the purpose of providing
care, protection and guidance to ten (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.
DECK: A roofless platform, either freestanding or attached to a building, that is supported by
pillars or posts.
DENSITY GROSS: The total 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 same 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 (1) family only.
2. Single-family attached: A residential building containing two (2) or more dwelling units
with one (1) common wall.
5
a. Duplex: A residence designed for or occupied by two (2) families only, with
separate entrances, housekeeping and cooking facilities for each.
b. Townhouse: A residential building containing two (2) or more dwelling units with
at least one (1) common wall, each unit so oriented as to have all exits open to the
outside.
c. Quadplex: A residential building containing four (4) dwelling units with one (1)
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 (3) 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.
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 Minnesota Statutes Section 116D.04 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): An establishment which
is rented by individuals or groups to host private social gatherings including, but not limited to,
banquets, meetings, weddings, and other similar celebrations. Such a use may or may not
include: 1) kitchen facilities for the preparation or catering of food; 2) the sale of alcoholic
t:
beverages for on -premises consumption only during scheduled events and not open to the
general public; and 3) outdoor gardens, patios or outdoor gathering areas.
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 crops and/or
keeping 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.
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: Is the sum of the gross horizontal areas of all floors of a building or portion
thereof devoted to a particular use, however, the "floor area" shall not include floor area other
than area devoted to retailing activities, the production or processing of goods, warehousing, and
business or professional offices.
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.
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: Any vehicle 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, 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 (1350).
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 Registrar of Deeds or Registrar of Titles; or a parcel of land the deed to which was recorded
in the Office of the Registrar 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.
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.
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NONCONFORMING STRUCTURE: Any structure which was permitted and existing prior to
the effective date of this Title, which does not conform to the applicable regulations 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
governing the zoning district in which such use is located.
NORMAL HIGH-WATER MARK: 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 financial gain or otherwise regularly provides one (1) or more persons with 24
hour -per -day care, food, lodging, training, education, supervision, habilitation, rehabilitation,
and treatment. Residential facilities may include, but are not limited to: state institutions under
the control of the Commissioner of Human Services, 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, limit or change the direction of the flow of water, either in itself or by catching
or collecting debris carried by such water.
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: 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.
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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. The service of food, meals and alcoholic beverages on such
premises may be provided if 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 Code Section 11-3-4 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.
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.
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RESTAURANT: An establishment open to the public where food and or drink is prepared and
offered to the public. To be considered a restaurant, at least fifty percent (50%) of the seating
shall be available to the public during hours of operation.
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.
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.
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.
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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 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.
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.
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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.
YARD, FRONT: A yard extending along the full width of the front lot line between side lot
lines and extending from the abutting front street right of way line to a depth required in the yard
regulations for the district in which such lot is located.
YARD, REAR: A yard extending along the full width of the rear lot line between the side lot
lines and extending toward the front lot line for a depth as specified in the yard regulations for the
district in which such lot is located.
YARD, SIDE: A yard extending along the side lot line between the front and rear yards, having
a width as specified in the yard regulations for the district in which such lot is located.
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CHAPTER 2
ADMINISTRATION AND ENFORCEMENT
SECTION:
11-2-1: Enforcement
11-2-2: 60 Day Rule
11-2-3: Public Hearings
11-2-4: Site Plan Review
11-2-5: Variances
11-2-6: Text and Map Amendments
11-2-7: Conditional Administrative Use Permits
11-2-8: Conditional Use Permits
11-2-9: Interim Use Permits
11-2-10: Environmental Assessment Worksheets and Impact Statements
11-2-11: Denial
11-2-12: Lapse
11-2-13: Appeals
11-2-14: Revocation
11-2-15: Amendment to Approved Application
11-2-16: Development Agreements
11-2-17: Zoning Application Fees; Deposits
11-2-1: ENFORCEMENT:
Enforcement Official. This title shall be administered and enforced by the Community
Development Director or their designee.
11-2-2: 60 DAY RULE:
Minnesota Statutes Section 15.99 applies to all land use applications in this Chapter, unless a
different timeline for approval is provided by state law or City ordinance.
A. Within sixty (60) days after the date of receipt of the completed application, the City must
approve or deny the application. Failure of the City to deny a request within sixty (60) days or any
extension thereof as provided in this Section is deemed approval of the request.
B. The time limit begins upon the receipt of a completed application. A completed application
shall mean a written request containing all information required by law, or by a previously adopted
rule, ordinance or policy of the city. If the Community Development Director receives an
application that does not contain all the required information, the Community Development
Director shall send notice within fifteen (15) business days of the receipt of the request telling the
applicant that the application is not accepted and indicating what information is missing. The sixty
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(60)-day time limit begins again after receipt of a completed application, as provided in this
Section.
C. The City may extend the time limit before the end of the initial sixty (60)-day period by
providing written notice of the extension to the applicant. The notice must contain the reasons for
the extension and its anticipated length, which may not exceed sixty (60) days unless approved
by the applicant.
D. The applicant may waive the sixty (60)-day period by providing a written waiver.
11-2-3: PUBLIC HEARINGS:
The City shall hold a public hearing on all variances, conditional use permits, site plan applications
(unless administratively approved pursuant to City Code Section 11-2-4.E), text amendments,
map amendments and interim use permits. Notice of the public hearing shall be given not less
than ten (10) days nor more than thirty (30) days prior to the date of the hearing by publication in
the designated legal newspaper of the City. The notice shall contain the date, time and place of
the hearing and a description of the land and the proposed application. At least ten (10) days
before the hearing, the City Clerk shall mail a notice to the owner and to each of the property
owners within five hundred (500) feet of the property for which the approval is sought. Failure of
the City Clerk to mail the notice or failure of the property owners to receive the notice shall not
invalidate the proceedings.
11-2-4: SITE PLAN REVIEW:
A. Pre -Application Sketch Review Process.
1. Prior to the submission of a site plan application, potential applicants may present a
sketch to the Community Development Director. The sketch may be conceptual and may include
the following related materials:
a. A scale drawing of the proposed site with reference to existing development within
two hundred (200) feet of adjacent properties.
b. General location of proposed structures.
c. Tentative street arrangements, both public and private.
d. Amenities to be provided such as recreational areas, open space, walkways, etc.
e. General location of parking areas.
f. Proposed public sanitary sewer, water and storm drainage.
g. A statement showing the proposed density of the project with the method of
calculating said density also shown.
h. Topographic contours at two -foot intervals.
Wetland delineation.
Proposed general schedule of development.
k. Information on the proposed developer.
Other information or materials useful in reviewing the sketch.
m. Letter of concurrence from landowner.
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2. 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 City Code Section 11-2-17. 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
officially submitted and complete when the applicant has complied with all the specified
information requirements.
3. 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.
4. If the sketch is to be reviewed by the Planning Commission and/or City Council, as
determined by the Community Development Director, a public hearing shall be held pursuant to
City Code Section 11-2-3. Failure of a property owner to receive said notice shall not invalidate
any such proceedings as set forth within this Chapter.
B. Formal Application Site Plan Review. Procedures. The procedure for site plan review is
as follows:
1. The property owner or the owner's 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 and fees pursuant to City Code Section 11-2-17 with the Community Development
Director.
3. The Community Development Director shall submit the application to the Planning
Commission for its review, comment and recommendation to the City Council.
4. The City shall hold a public hearing on the application pursuant to City Code Section
11-2-3.
5. The City Council shall, after receipt of the report of the Planning Commission, either
approve or deny the application, within the timeframe established by City Code Section 11-2-2.
Denial must comply with the requirements of City Code Section 11-2-11.
6. The City Council may impose such restrictions or conditions as may be necessary to
comply with the standards established by this Title, 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 Code. Any condition must be directly related to and must bear a rough
proportionality to the impact created by the application.
C. 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.
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D. Required site plan application information and materials. The following information and
materials shall be required for the application:
1. A complete application form signed by all property owners.
2. All required fees and escrows.
3. A statement identifying 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'/4 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.
(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 two hundred feet (200')
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 two hundred feet (200') 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 two hundred feet (200') around the subject
property or around major features with intervals not exceeding two feet (2') except
where the horizontal contour interval is one hundred feet (100') or more in which
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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 as required by the Community Development Director.
E. Administrative approval. The site plans for certain 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:
1. Proposed minor structural additions involving either up to ten percent (10%) or less of
the total existing floor area or site expansions or modifications involving ten percent (10%) or less
of the total existing site area which meet all ordinance requirements may be approved by the
Community Development Director prior to the building permit being issued, and shall not require
Planning 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 Code, 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 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.
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F. Lapse. Lapse of approval is governed by City Code Section 11-2-12.
11-2-5: VARIANCES:
A. Purpose. The purpose of the variance is to allow variation from the strict application of the
terms of this Title where, by reason of the exceptional physical characteristics of the property, the
literal enforcement of the requirements of this Title 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, land, structures or buildings in the same district
or other districts may not be considered grounds for issuance of a variance.
C. Procedures. The procedure for variance review is 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 and fees pursuant to City Code Section Section 11-2-17 with the Community
Development Director.
3. The Community Development Director shall submit the application to the Planning
Commission for its review, comment and recommendation to the City Council.
4. The City shall hold a public hearing on the application pursuant to City Code Section
11-2-3.
5. The City Council shall, after receipt of the report of the Planning Commission, either
approve or deny the application, within the timeframe established by City Code Section 11-2-2.
Denial must comply with the requirements of City Code Section 11-2-11.
6. The City Council may impose such restrictions or conditions as may be necessary to
comply with the standards established by this Title, 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 Code. Any condition must be directly related to and must bear a rough
proportionality to the impact created by the application.
D. Required site plan application information and materials. The following information and
materials shall be required for the application:
1. A complete application form signed by all property owners.
2. All required fees and escrows.
3. A statement identifying 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. 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.
E. Such other information as required by the City.
F. Findings. A variance may be granted only when all of the following conditions are found:
5-9
1. The variance is in harmony with the general purposes and intent of this Title.
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 Title. "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. Lapse. Lapse of approval is governed by City Code Section 11-2-12.
11-2-6: TEXT AND MAP AMENDMENTS:
The City Council may adopt amendments to this Title 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 Code
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.
A. 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 Title.
B. Proceedings for amending this Title 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.
C. Amendments initiated by property owners. Procedures. The procedure for amendments
is as follows:
1. The property owner or the owner's 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 and fees pursuant to City Code Section 11-2-17 with the Community Development
Director.
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3. The Community Development Director shall submit the application to the Planning
Commission for its review, comment and recommendation to the City Council.
4. The City shall hold a public hearing on the application pursuant to City Code Section
11-2-3.
5. The City Council shall, after receipt of the report of the Planning Commission, either
approve or deny the application, within the timeframe established by City Code Section 11-2-2.
Denial must comply with the requirements of City Code Section 11-2-11.
6. The City Council may impose such restrictions or conditions as may be necessary to
comply with the standards established by this Title, 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 Code. Any condition must be directly related to and must bear a rough
proportionality to the impact created by the application.
D. Required application information and materials. The following information and materials
shall be required for the application:
1. A complete application form signed by all property owners.
2. All required fees and escrows.
3. A statement identifying all property owners of all land included within the proposal
obtained from Washington County or a title or abstract company.
4. A written statement that explains the request, including the section of the Zoning Code
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 Code amendment or rezoning, it needs to be consistent with the City's Comprehensive
Plan. The written statement should address the request's consistency with the Comprehensive
Plan or a proposed amendment to the Comprehensive Plan.
5. A statement of all property owners of all land included within the proposal and a list of
property owners' names and addresses within five hundred feet (500') of the outer boundaries of
the property obtained from Washington County or a title or abstract company.
6. An accurate boundary survey and conceptual development plan for the area proposed
to be rezoned.
7. Any other 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.
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 Commission for review and recommendation to the City Council.
3. The City shall hold a public hearing on the application pursuant to City Code Section
11-2-3.
9;
4. The City Council shall, after receipt of the report of the Planning Commission either
approve or deny the proposed amendment or rezoning. Denial must comply with the requirements
of City Code Section 11-2-11.
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. The procedure for conditional administrative use permits is as follows:
1. Requests for conditional administrative use permits, as provided within this Chapter,
shall be filed with the Community Development Director on an official application form and contain
all of the information required in City Code Section 11-2-7.C.
2. 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 fees and
notify the applicant to reapply for a conditional use permit, pursuant to the requirements of City
Code Section 11-2-8.
3. The Community Development Director shall make a determination on approval or
denial of the conditional administrative permit. A determination of non-compliance with applicable
codes, ordinances, and the standards in this section shall be considered a denial; unless, within
ten (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.
4. A written permit shall be issued to the applicant when a determination of compliance
has been made.
C. Required application information and materials. The following information and materials
shall be required for the application:
1. A complete application form signed by all property owners.
2. All required fees and escrows.
3. A statement identifying all property owners of all land included within the proposal
obtained from Washington County or a title or abstract company.
4. 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.
5. A copy of any 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.
6. An accurate floor plan, when in the judgment of the Community Development Director,
such plan is necessary.
7. 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.
8. Other information deemed necessary by the Community Development Director.
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. Appeal. Unresolved disputes as to administrative application shall be subject to appeal
pursuant to City Code Section 11-2-13 of this Chapter.
F. Administration and Enforcement. Violation of an issued permit or of the provisions of this
Chapter shall be grounds for denial of future permit applications.
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. The procedure for conditional use permits is as follows:
1. The property owner or the owner's 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 and fees pursuant to City Code Section 11-2-17 with the Community Development
Director.
3. The Community Development Director shall submit the application to the Planning
Commission for its review, comment and recommendation to the City Council.
4. The City shall hold a public hearing on the application pursuant to City Code Section
11-2-3. In the case of correctional facilities and waste facilities, notice of the public hearing shall
be to property owners located within 1,320 feet of the property in question.
5. The City Council shall, after receipt of the report of the Planning Commission, either
approve or deny the application, within the timeframe established by City Code Section 11-2-2.
Denial must comply with the requirements of City Code Section 11-2-11.
6. The City Council may impose such restrictions or conditions as may be necessary to
comply with the standards established by this Title, 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 Code. Any condition must be directly related to and must bear a rough
proportionality to the impact created by the application.
C. Required application information and materials. The following information and materials
shall be required for the application:
1. A complete application form signed by all property owners.
2. All required fees and escrows.
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3. A statement identifying all property owners of all land included within the proposal
obtained from Washington County or a title or abstract company.
4. The application shall include 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.
5. A copy of any 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.
6. An accurate floor plan, when in the judgment of the Community Development Director,
such plan is necessary.
7. 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.
8. Other information deemed necessary by the Community Development Director.
D. Findings.
1. The Planning Commission and City Council may consider the following factors when
reviewing a conditional use permit application:
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.
The conditional use shall, in all other respects, conform to the applicable
regulations of the district in which it is located.
g. The conditional use complies with the general and specific performance standards
as specified by the Zoning Code.
2. The Planning Commission and City staff may request additional information from the
applicant concerning operational factors or to retain expert testimony with the consent and at the
expense of the applicant deemed necessary to establish performance conditions in relation to all
pertinent sections of this Title.
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E. 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:
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 Code.
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 Code.
6. Zoning. The use is consistent with the purposes of the Zoning Code 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 City Code Title 11, Chapter 10.
F. Lapse. Lapse of approval is governed by City Code Section 11-2-12.
11-2-9: INTERIM USE PERMITS:
A. Purpose and Intent.
1. The purpose of allowing interim uses is:
a. To allow a use for a brief period of time until a permanent location is obtained or
while the permanent location is under construction.
b. 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.
B. The intent of the City Council in allowing interim uses is that in order to give flexibility to
the district use regulations of this Title, which is necessary to 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 under this section shall be considered a conforming use, but only in accordance with
the conditions set forth in the interim use permit.
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C. Procedures. The procedure for conditional use permits is as follows:
1. The property owner or the owner's 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 and fees pursuant to City Code Section 11-2-17 with the Community Development
Director.
3. The Community Development Director shall submit the application to the Planning
Commission for its review, comment and recommendation to the City Council.
4. The City shall hold a public hearing on the application pursuant to City Code Section
11-2-3.
5. The City Council shall, after receipt of the report of the Planning Commission, either
approve or deny the application, within the timeframe established by City Code Section 11-2-2.
Denial must comply with the requirements of City Code Section 11-2-11.
6. The City Council may impose such restrictions or conditions as may be necessary to
comply with the standards established by this Title, 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 Code. Any condition must be directly related to and must bear a rough
proportionality to the impact created by the application.
D. Required application information and materials. The following information and materials
shall be required for the application:
1. A complete application form signed by all property owners.
2. All required fees and escrows.
3. A statement identifying all property owners of all land included within the proposal
obtained from Washington County or a title or abstract company.
4. The application shall include a written description of the request including an
explanation of compliance with the interim 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.
5. A copy of any 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.
6. An accurate floor plan, when in the judgment of the Community Development Director,
such plan is necessary.
7. 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.
8. Other information deemed necessary by the Community Development Director.
E. Findings. 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;
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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 applicant agrees in writing to any conditions that the City Council deems
appropriate for permission of the use.
F. Lapse of interim use permit. An interim use permit shall lapse and become null and void
three (3) months following the date on which the interim use permit became effective if it is not in
use.
11-2-10: 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 Chapter 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 Section 11-2-17. 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.
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 five hundred feet (500') of the boundaries of the property that is the
subject of the environmental document. Said notice shall be mailed at least ten (10) 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.
11-2-11: DENIAL:
The City may deny an application upon a written finding of legally sufficient reasons with a factual
basis and must be provided to the applicant. Findings for denial may be adopted at the next
subsequent meeting following the hearing and must be adopted pursuant to the time frame
required by City Code Section 11-2-2. No application which has been denied wholly or in part
shall be resubmitted for a period of six (6) 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 Community
Development Director.
11-2-12: LAPSE:
Approval of a site plan, variance, conditional administrative use permit, and conditional use permit
shall lapse and become null and void one (1) year following the date on which the approval was
granted, unless prior to the expiration of the one (1) year the work or improvement described in
the approval is commenced and diligently pursued on the subject site. The City Council may grant
an extension for good cause.
11-2-13: APPEALS:
A. Planning Commission as Board of Appeals and Adjustments; Authority: The Planning
Commission shall act as the Board of Appeals and Adjustments 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 Community Development Director under
14
this Title, and from any interpretation of the text of this title, or any determination by the Community
Development Director as to the location of the boundary of a zoning district as shown on the
zoning map.
B. Filing of Appeal: Within ten (10) business days after a decision of the Community
Development Director 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 to the City Clerk, stating the specific grounds
upon which the appeal is made.
C. Board Hearing; Notice: The Planning Commission, as the Board of Appeals and
Adjustments, may conduct such hearings and shall afford the applicant an opportunity to present
evidence, testimony and witnesses. The Planning Commission shall render a decision to uphold
or overturn the decision of the Community Development Director.
D. Council Hearing: An applicant may appeal from a decision of the Board of Appeals and
Adjustments made pursuant to City Code Section 11-2-13.C., within ten (10) business days after
a decision of the Board of Appeals and Adjustments by filing a written notice to the City Clerk,
stating the specific grounds upon which the appeal is made.
1. The Council may review and revise any decision of the Board of Appeals and
Adjustments. The hearing shall be held within thirty (30) days after the decision is made by the
Board of Appeals and Adjustments.
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. The City Council will
conduct the hearing based on the record of the Board of Appeals and Adjustments and may
consider new testimony and evidence at its discretion. The City Council shall determine whether
or not the decision of the Board of Appeals and Adjustments should be upheld or overturned. The
decision of the City Council shall be final.
11-2-14: REVOCATION:
The City Council may hold a hearing to consider the revocation of any site plan, conditional use
permit, administrative use permit approval, interim use permit or variance upon a determination
and recommendation from the Community Development Director that the authorized use is not in
conformance with the conditions of approval or is in continued violation of City Codes or other
applicable regulations. The Community Development Director shall notify the responsible person
to whom the permit was issued or to the current property owner that they have an opportunity to
show cause, present evidence, testimony and witnesses before the City Council at a hearing as
to why the permit, resolution or approval should not be revoked. The City Council will conduct a
hearing and determine whether or not the permit, resolution or approval should be revoked. The
decision of the City Council shall be final.
11-2-15: AMENDMENT TO APPROVED APPLICATION:
Holders of any site plan, conditional use permit, administrative use permit approval, interim use
permit or variance may propose amendments to the permit at any time, following the procedures
for a new permit as set forth in this Chapter. Administrative approval may be granted, for
administrative use permits as set forth in City Code Section 11-2-7. No significant changes in the
circumstances or scope of the use shall be undertaken without review by the Planning
15
Commission and approval by the City Council. The Community Development Director shall
determine what constitutes a significant change and may administratively approve insignificant
changes. 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, and the City Council may approve significant changes
and modifications to a site plan, conditional use permit, interim use permit or variance, including
additional or revised conditions.
11-2-16: 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.
11-2-17: ZONING APPLICATION FEES; DEPOSITS:
A. Generally. The fees to be paid for each zoning application shall be as prescribed in the
chart in subsection C below. They are reviewed annually by the City Council. Fees shall be
payable at the time applications are filed with the Community Development Director and are not
refundable unless application is withdrawn prior to legal publication and notice. There shall be no
fee in the case of applications filed in the public interest by City Council or by the Planning
Commission. Fees shall include application fees, filing fees, consultant, legal, planning and
engineering fees and/or escrow fees.
B. Escrow payment. Applicants shall be required to pay a cash escrow fee as required by the
Fee Schedule in this Chapter. The escrow fee shall be used to pay any outside expenses and
fees incurred by the City, including, but not limited to consultants, attorneys, planning and
engineering fees or other expenses due to the application. If, at any time, the balance in the cash
escrow account is depleted to less than ten percent (10%) of the originally required cash escrow
amount, the applicant shall deposit additional funds in the cash escrow account as determined by
the Community Development Director. All expenses and fees in excess of the escrow deposit,
shall be paid by the applicant to the City within thirty (30) days of final action on the matter by the
City. If not paid within thirty (30) days, the account shall be deemed delinquent. Any balance
remaining in the cash escrow account upon completion of the process shall be returned to the
applicant after all expenses and fees thereto have been deducted, following final action by the
City in the matter.
C. Fee Schedule:
Item
Fee
Agricultural Preservation Documentation
Processing
$100.00
Business Subsidy Application
$10,000.00 Escrow
Comprehensive Plan
$50.00 per Paper Co / $10 Digital Format
Comprehensive Plan Amendment, Map or Text
$620.00 + $55.00 GIS Fee + $2,500.00 Escrow
Concept Plan Review
$1,030.00 plus $20.00 per Acre; $1,000.00 Escrow
Conditional Use Permit, Commercial
$515.00 plus $5,000.00 Escrow
16
Conditional Use Permit, Interim
$515.00 Annually
Conditional Use Permit, Residential
$515.00 plus $1,000.00 Escrow
Administrative Use Permit, Commercial
$515.00 plus $5,000.00 Escrow
Administrative Use Permit, Residential
$515.00 plus $1,000.00 Escrow
Sketch Plan Review
$155.00 plus $500.00 Escrow
Business Park AUAR
$111.00 per Acre
East Ravine AUAR Charge
$120.00 per Acre
Environmental Assessment Worksheet
$620.00 plus Actual Costs
Financial Guarantee, Escrow for Subdivision
Improvements
Public Improvements - 125% of Estimated Cost.
Boulevard, Landscaping Improvements - 150% of
Estimated Cost.
Historic Preservation Delisting
$515.00
Historic Preservation Designation
$515.00
Lot Grading and Corner Lot Pin Compliance
Escrow
$1,000.00 per Lot
Metropolitan Council SAC Charge
$2,485.00 per Unit for Applicable 2023 Permits
Mining, Annual Inspection and Review
$2,060.00
Mining, Permit Removal per Occurrence
Under 100,000 tons $250.00. Over 100,000 tons
$500.00
Natural Resources Inventory
$70.00 per Paper Copy
Park Land Dedication, Commercial
Estimated $7,800.00 Per Acre or 4% of the Fair
Market Value, based on individualized
determination.
Park Land Dedication, Industrial
Based on individualized determination.
Park Land Dedication, Residential
Estimated $4,400.00 Per Unit or 10% of the Fair
Market Value, based on individualized
determination.
Plat, Final
$310.00 + $100.00/acre + $5,000.00 Escrow
Plat, Preliminary
$515.00 + $50.00 per Lot/Unit + $5,000.00 Escrow
Public ROW and Easement Vacations
$310.00
Re -addressing
$100.00
Signs, Illegal, Return of
$10.00 per Sign
Site Plan
$415.00 plus $5,000.00 Escrow
Sketch Plan Review
$155.00 plus $500.00 Escrow
Street Lighting - New Developments
$2.83/Lot/Month for 24 Months
Street Renaming
$200.00 plus sign material and labor for installation
Subdivision, Minor
$310.00 plus $2,000 Escrow
Tree Mitigation
See Title 11-3-13
Variance, Post -Construction
$875.00
Variance, Pre -Construction
$255.00
Zoning Amendment, Text or Ma
$615.00 plus $2,000.00 Escrow
Zoning Appeal
$260.00
Zoning Letter
$75.00
Zoning Ordinance
$30.00 per Paper Co / $10 Digital Format
17
City Maps, Urban or Rural 1 $5.00 Each
18
CHAPTER 3
GENERAL ZONING PROVISIONS
SECTION:
11-3-1: Nonconforming Uses and Structures
11-3-2: Encroachment Exceptions
11-3-3: Height Limit Modifications
11-3-4: Off -Street Parking and Loading
11-3-5: Accessory Structures
11-3-6: Fences, Retaining Walls and Screening
11-3-7: Exterior Storage
11-3-8: Trash Enclosures
11-3-9: Mechanical Equipment Screening Requirements
11-3-10: Glare and Lighting
11-3-11: Architectural Design Standards
11-3-12: Landscaping
11-3-13: Tree Preservation
11-3-14: Signs
11-3-1: NONCONFORMING USES AND STRUCTURES:
A. Purpose. Within the districts established by this Chapter or amendments that may later be
adopted, there may exist lots, structures and uses of land, which were lawful before this Title was
passed or amended, but which would be prohibited, regulated or restricted under the terms of the
current Zoning Code or future amendments. It is the intent of this Chapter to permit these
nonconformities to continue until they are removed, but not to encourage their survival. Such uses
are declared by this Chapter to be incompatible with permitted uses in the districts involved. It is
further the intent of this Chapter that nonconformities shall not be enlarged upon, expanded or
extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the
same district.
B. Any nonconforming use or structure within the City shall be governed by Minnesota
Statutes Section 462.357, subdivision 1 e.
11-3-2: ENCROACHMENT EXCEPTIONS:
A. Exceptions. The following shall not be considered encroachments on setback
requirements in all zoning districts.
1. Principal building cornices, canopies, eaves, gutters, and other similar features,
provided they project not more than thirty inches (30"). In no event shall such features be closer
than twenty-four inches (24") from any lot line;
1
2. Principal building chimneys, flues, vents, and other similar features, provided they
project not more than twenty-four inches (24") and are no more than five feet (5') in width. In no
event shall such features be closer than thirty inches (30") from any lot line;
3. Principal building window wells and bay windows, provided they project not more
than thirty-six inches (36"). In no event shall they be closer than 24 inches (24") from any lot
line;
4. In front yards, principal building entry vestibules that extend a distance of six feet (6')
or less, provided such vestibule is not more than eight feet (8') in width or more than one (1)
story in height;
5. In front yards, principal building balconies that extend a distance of four feet (4') or
less, provided they are seven feet (7') or more above grade at the front building line;
6. In front and rear yards, landings, steps, uncovered porches, and other similar
features attached to the principal building that extend a distance of six feet (6') or less provided
the landing or uncovered porch is no more than thirty inches (30") off the ground; a railing
enclosure no more than three feet (3') in height may be placed around such landing or
uncovered porch, unless prior approval for a greater height is granted by the City Staff;
7. In side yards, principal building steps, stoops, handicap access ramps, and other
similar features that extend a distance of three feet (3') or less. In no event shall they be closer
than two feet from a side lot line.
B. No encroachment shall be permitted in existing or required drainage and utility easements,
unless approved by the City Engineer.
11-3-3: 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 up to 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. Flagpoles.
f. Smokestacks.
g. Parapet walls extending not more than three feet (3') above the limiting height of
the building.
h. Elevator penthouses.
2. Height limitations set forth elsewhere in this Title shall be increased up to seventy-five
percent (75%) when applied to the following structures:
a. Water towers.
b. Fire and hose towers.
c. Cooling towers.
11-3-4: OFF-STREET PARKING AND LOADING:
A. Purpose. The regulation of off-street parking spaces is intended to alleviate or prevent
congestion of the public right-of-way and to promote the safety and general welfare of the public
by establishing minimum requirements for off-street parking of motor vehicles in accordance
with the use intensity of the various parcels of land or structures.
B. Application. The regulations and requirements set forth in this Section shall apply in all
zoning districts.
C. General parking requirements.
1. The term "floor area" is used to calculate the number of off-street parking spaces. It is
the sum of the gross horizontal areas of all floors of a building or portion thereof devoted to a
particular use, however, the "floor area" shall not include floor area other than area devoted to
retailing activities, the production or processing of goods, warehousing, and business or
professional offices. Only the principal structure floor area contributes to parking requirements.
2. Snow storage area(s) shall be provided so that the number of parking spaces is not
reduced below the minimum required. The City may initiate proceedings to require that snow be
hauled off the site if parking and circulation problems related to inadequate snow -removal occur.
3. Proof of parking. The City may also consider a proof of parking when a business can
demonstrate a proposed use will not require the minimum number of spaces as stated in this
Section. When parking is reduced, the City may require that area to be reserved in open space
for future parking needs.
D. Use of parking facilities.
1. No Class I commercial vehicles shall be allowed to park in a residential district except
while making a pickup or delivery or performing a service.
a. Conditional use permit. One (1) Class I commercial vehicle may be permitted to
park on a residential lot with a conditional use permit in compliance with the
following conditions:
(1) The Class I commercial vehicle shall be kept within the principal building, or an
accessory building, at all times when not in use.
(2) The hours of operation of the vehicle shall not adversely affect adjoining
property.
(3) The lot shall be five (5) acres or more in size.
2. Class II commercial vehicles. Residential lots are permitted one (1) Class II
commercial vehicle per dwelling unit.
3. No auxiliary motors or engines on any commercial vehicle shall be allowed to operate
in residential districts unless making a pick-up, delivery or performing a service.
4. School buses designed to carry individuals may be parked in a residential district
during school hours only.
5. This Section does not apply to agricultural equipment being used for agricultural
purposes.
E. Location of parking facilities. Required off street parking must be on the same lot as is the
principal building and must meet the following setback requirements.
1. Corner lots. May not be located within any yard area abutting a street on a corner lot.
2. Single family lots. Must comply with minimum setback requirements for accessory
structures.
3. Access drives, drive aisles, and parking spaces for religious institutions, schools,
public parking lots, parks, and municipal facilities must be set back thirty (30) feet from the front,
side, and rear property lines.
a. Exception. Where a joint driveway or access point serving more than one property
will provide better and safer traffic circulation.
4. Within all business zoning districts, off street parking spaces, drive aisles and/or
garages shall be located in areas other than a required yard.
a. Exception. Parking may be located in a rear yard to within ten feet (10') of the rear
or side lot line and in the front yard within twenty feet (20') of front yard lot line or
adjacent to a public right-of-way or residential district.
5. Within all industrial zoning districts, off street parking spaces, drive aisles, and truck
staging areas must at least twenty feet (20') from any street right of way line, and at least ten feet
(10') from any interior side or rear lot line.
a. Exception. When a side or rear lot line abuts a residential district, off street parking
must be at least one hundred feet (100') from such lot lines.
F. Off site parking facilities. When required accessory off street parking facilities are provided
elsewhere than on the lot on which the principal use served is located, written authority for using
such property for off street parking shall be filed with the City, so as to maintain the required
number of off-street parking spaces during the existence of such principal use. No such parking
facility shall, at its closest point, be located more than one hundred feet (100') from the premises
nor more than four hundred feet (400') from the principal use or building served.
G. Use of parking area for use other than parking. Required off street parking space in all
districts shall not be utilized for open storage of goods or for the storage of vehicles which are
inoperable, for lease, rent or sale.
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H. Design and maintenance of off-street parking areas.
1. General Requirements. Access and parking areas shall be designed so as to provide
an adequate means of access to a public alley or street. Such driveway access shall not exceed
the driveway dimensions of this Code and shall be so limited so as to cause the least interference
with the traffic movement.
a. Except for single-family, two-family, and townhouse dwellings, head in parking,
directly off of and adjacent to a public street, with each stall having its own direct
access to the public street, shall be prohibited. All parking spaces shall have
access from driveways and not directly on a public street.
2. Parking Spaces Striped. All parking spaces shall be striped with suitable paint in
accordance with approved plans, except for single-family residences.
3. Calculating Space. When the determination of the number of required off street parking
spaces results in a fraction, each fraction up to and including one-half (1/2) shall be disregarded;
fractions over one-half (1/2) shall count as one (1) additional space.
4. Surfacing. All parking areas and driveways in the front yard of property in the MUSA
must be paved with asphalt, paver bricks, or concrete.
a. All parking surfaces in front of the principal structure must be in conformance with
this code and must not exceed forty percent (40%) of the front yard area. A
maximum width of two feet (2') of landscape rock or similar landscaping material
may additionally be permitted to border such parking or driveway area. The parking
or driveway surface may not encroach on any drainage and utility easement,
except the front yard drainage and utility easement running adjacent and parallel
to the street.
b. Any parking or driveway surface behind the principal structure must be one of the
following: concrete, asphalt, class V gravel (minimum six inches (6") compacted),
landscape rock (minimum six inches (6") compacted), landscape paver blocks, or
brick. All parking surfaces must be contained within a solid edging or other border.
The setback for parking surfaces behind the front of the principal structure is the
same as the setbacks for accessory structures in the zoning district. Such parking
or driveway surface cannot encroach on any drainage and utility easements.
c. All development in non-MUSA areas must have an asphalt or concrete driveway
between the roadway edge and the minimum front yard setback line. The City, at
its discretion, can require the entire or a greater portion of the driveway to be paved
if erosion or drainage problems are experienced on public or private land. This
requirement applies to open sales lots in or out of the MUSA.
5. Curbing. All open off-street parking areas and loading areas designed to have head in
parking along the perimeter of the off-street parking area or loading area shall provide a concrete
curb or equivalent of adequate height approved by the City.
6. Drive -Up Facilities. Business establishments containing drive -up facilities, including
restaurants and financial institutions, shall provide a motor vehicle stacking area for vehicles on
the site. A minimum of six (6) vehicle spaces per lane shall be provided. The vehicle stacking area
shall not extend beyond the street right of way line and shall be delineated in such a manner that
vehicles waiting in line will not interfere with nor obstruct the primary driving, parking and
pedestrian facilities on or off the site.
7. Bumper Overhang. The minimum parking space length may be decreased by up to
two feet (2) for spaces which allow the bumper of the vehicle to project over the parking space
without obstructing other parking spaces or vehicle circulation.
8. Turnarounds. All required parking spaces shall be accessed by adequate
maneuvering space. All dead-end parking rows shall contain a turnaround area.
9. Parking Lot Design Standards. Parking areas shall be designed in conformance with
the following:
Parking Angle
(A)
Stall Width
(B)
Curb Length
(C)
Stall Depth
(D)
Aisle Width
(E)
00
9'
23'
9'
12'
200
9'
2614"
15,
11'
300
9'
18'
17'4"
11'
400
9'
14'
1912"
12'
450
9'
12'9"
1910"
13'
500
9'
11'9"
20'5"
12'
600
9'
1015"
21'
18,
700
9'
9'8"
21'
19,
800
9'
9'2"
20'4"
24'
900
9'
9'
20'
24'
I. Required Off -Street Parking. The following minimum areas shall be provided and
maintained by ownership, easement or lease, for and during the life of the respective uses set
forth below.
Animal Clinics and
5 spaces plus 1 space for each 500 square feet of floor area over
Kennels
1,000 square feet.
Auto repair
3 spaces per auto bay, plus 1 space for each employee.
Banks and financial
1 space for each 250 square feet of floor area.
services
Boat and marine
4 spaces, plus 1 space for each 500 square feet of floor area over the
sales
first 1,000 square feet.
Community, activity,
10 spaces, plus 1 space for each 300 square feet of floor area in
and cultural centers,
excess of 2,000 square feet of floor area in the principal structure,
post offices,
excluding courts, which require 2 parking spaces per court.
miniature golf ranges
and other
entertainment
facilities, libraries,
museums and art
galleries
Funeral homes and
1 space per 3 seats based upon design capacity of assembly area,
mortuaries
plus 1 space for every 2 employees plus 1 space per company
vehicle. Notwithstanding the above, a minimum of 10 parking spaces
shall be provided.
Hospitals
2 spaces for each patient bed.
Hotels and motels
1 space per sleeping unit, plus one space per day shift employee plus
one space for each 40 square feet devoted to meeting or banquet
rooms.
Manufacturing,
4 spaces, plus 1 space for each 400 square feet of floor area.
fabricating and
processing
Motor fuel stations
4 spaces plus 2 spaces for each service stall. Those facilities
and motor fuel
designed for sale of additional items other than strictly automobile
station convenience
products, parts or service shall be required to provide additional
stores
parking in compliance with other applicable Zoning Code Sections
Multiple -family
1.6 spaces per dwelling unit in the multi -family residential districts.
dwellings
Additional spaces for visitor parking shall be provided based on the
development characteristics and anticipated demand for visitor
spaces as determined by the City.
Day Care Facilities
1 space for each employee, plus 1 space for each 6 individuals of
(child and/or adult)
licensed capacity.
Office including
1 space for each 250 square feet of floor area for the first 100,000
clinics for human
square feet, plus 1 space for each 350 square feet of floor area
care
thereafter.
Open sales lots
1 space for each 2,000 square feet of land up to the first 8,000 square
feet, plus 1 space for each 4,000 square feet of land up to a parcel of
24,000 square feet, plus 1 space for each 6,000 square feet
thereafter.
Places of Worship
1 space for each 4 seats, based on the design capacity of the main
assembly hall.
Restaurants
1 space for each 3 seats, based on capacity design or where there is
no design layout, 1 space for each 50 square feet of floor area,
whichever is greater, plus employee parking.
Restaurants; drive-in
1 space for each 3 seats based on capacity design, plus
or convenience food
employee parking. 6 spaces of stacking of a drive-thru facility.
Retail
1 space for each 200 square feet of floor area.
Senior citizen
1 space for each 6 beds for which accommodations are offered, plus
housing (dependent)
1 additional space for each 15 beds, plus 1 space per employee.
Schools, elementary
1 space for each classroom, plus 1 additional space for each 100-
and junior high
student capacity.
Schools, post-
1 space for each 10 students, based on design capacity, plus 1
secondary
additional space for each 2 classrooms.
Self-service
2 spaces per bay.
passenger vehicle
car wash
Senior citizen
1.5 parking spaces for each unit.
housing
(independent)
Single-family
2 spaces for each dwelling unit. A garage may fulfill this requirement.
dwellings
However, a building permit shall not be granted to convert a garage to
living space unless other acceptable provisions are made to provide
the re uired parking space.
Theaters, ball fields,
1 space for each 3 seats of design capacity.
stadiums, ice rinks
and arenas
Two-family dwellings
2 spaces per dwelling unit, but not more than one 2-car garage per
dwelling unit.
Wholesale business,
1 space for each 2,000 square feet of floor area for any building used
storage and
solely in a storage capacity. For mixed use building where storage
warehouse
and warehousing is an incidental use to other activity, required
establishment
parking spaces shall be based upon the specific requirements for
each use appearing in this Section.
Uses not specifically
Parking space requirements shall be determined by, but not limited
noted
to, characteristics for the most similar use.
11-3-5: ACCESSORY STRUCTURES:
In all zoning districts, accessory structures shall be subject to the following performance
standards.
A. Construction:
1. Accessory structures are prohibited from being taller than, or greater in footprint than,
the principal structure.
2. Building permits are required for all permanent accessory structures over two hundred
(200) square feet in residential districts and one thousand (1,000) square feet in business and
industrial districts.
3. Temporary accessory structures including tents that consist of metal or fiberglass
poles, metal hoops and PVC, cotton or nylon fabric covering materials are prohibited except as
permitted in conjunction with an approved conditional use, permitted camping area, or special
event.
4. The exterior finishes of accessory structures sized less than two hundred (200) square
feet shall be constructed of quality weather resistant materials.
B. Accessory Structure Exterior Material Standards:
Property Classification
Exterior Finish
Agricultural Districts
For accessory structures over 200 sq. ft.:
Wood, metal, split face block, vinyl lap, or
cement board materials that are
complimentary to the color palette of the
principal structure
Residential Districts
For accessory structures over 200 sq. ft.:
Wood, split face block, vinyl lap, or cement
board materials that are complimentary to the
color palette of the principal structure
Business Districts incl. Mixed -Use
Materials, texture, and color palette to
compliment the principal structure, accessory
structures greater than 1000 sq. ft. require
site plan review
Industrial Districts
Materials, texture, and color palette to
compliment the principal structure, accessory
structures greater than 1000 sq. ft. require
site plan review
C. Number and Size. The number and size of accessory structures permitted on any lot shall
be determined by the following table. On a residential lot, the principal garage, attached or
detached, one accessory structure up to two hundred (200) square feet, and swimming pools
shall not count towards the number of accessory structures or total square footage calculations.
Property
Classification
Number
Total Size
AG-1
2
2,500 sq. ft.
AG-2
2
2,500 sq. ft.
R-1
2
2,500 sq. ft.
R-2
2
2,000 sq. ft.
R-3
1
1,000 sq. ft.
R-4
1
500 sq. ft. per unit
R-5
1
500 sq. ft. per unit
R-6
1
500 sq. ft. per unit
Business and industrial
Site plan review over 1,000 sq. ft
Site plan review over 1,000 sq. ft
D. Setbacks. Setbacks for accessory structures shall be determined by the following table.
Property
Classification
Side Yard
Rear Yard
Front Yard
AG-1
25 feet
50 feet
Behind principal structure
AG-2
25 feet
50 feet
Behind principal structure
R-1
20 feet
50 feet
Behind principal structure
R-2
20 feet
20 feet
Behind principal structure
R-3
6 feet
10 feet
Behind principal structure
R-4
6 feet
10 feet
Behind principal structure
R-5
6 feet
10 feet
Behind principal structure
R-6
6 feet
10 feet
Behind principal structure
Business
Not permitted
in side -yard
Follow building
setbacks
Behind principal structure
Industrial adjacent to
Residential
Not permitted
in side -yard
100 feet
Behind principal structure
Industrial not adjacent
to Residential
Follow building
setbacks
Follow building
setbacks
Behind principal structure
E. Height. Height of accessory structures shall be determined by the following table.
Property Classification Maximum
AG-1 20 feet, except as permitted under Minnesota Statute
10
AG-2
20 feet, except as permitted under Minnesota Statute
R-1
20 feet
R-2
20 feet
R-3
18 feet
R-4
18 feet
R-5
18 feet
R-6
18 feet
Business and industrial
20 feet
F. Miscellaneous Requirements.
1. Accessory structures greater than those permitted in subsections C and E of this
Section may be approved by conditional use permit if the following standards are met:
a. There is adequate setback, screening, or topography changes that buffer the
proposed structure from adjacent public roadways or adjacent properties.
b. The proposed building height or building square footage does not exceed the
ordinance criteria by more than twenty percent (20%) within the metropolitan urban
service area (MUSA) and forty percent (40%) outside the MUSA.
c. Setback distances are increased five feet (5') for each one foot (1') of height or
one hundred (100) square feet of size increase or fraction thereof.
2. No accessory structures shall be constructed on any lot prior to the time of construction
of the principal structure, unless the building is accessory to the ongoing agricultural land use.
3. No tent, trailer, camper, motor home, storage container or accessory building shall at
any time be used as a habitable building.
4. At -grade structures such as basketball courts, tennis courts, patios, tree houses, and
dog kennels shall meet the established accessory structure setbacks for the appropriate districts.
These structures are not included in the total allowable accessory structure square footage, as
long as the total impervious surface of the lot does not exceed thirty-five percent (35%) of the rear
area of the lot measured from the rear building line of the house to the rear lot line.
5. Swimming pools and surrounding apron/decks shall meet the established accessory
structure setbacks for the appropriate districts. These structures are not included in the total
allowable accessory structure square footage.
6. Temporary family healthcare dwellings are prohibited in all zoning districts.
G. Attached Garage Requirements in Residential Districts: The garage floor area attached to
the principal structure in any residential district must not exceed one thousand two -hundred
(1,200) square feet.
11-3-6: FENCES, RETAINING WALLS AND SCREENING:
A. General Requirements for All Types of Fences or Retaining Walls.
1. Fences are allowed in any zoning district, subject to the provisions of this Chapter.
11
2. All parts of a fence shall be on the property of the owner of the fence. The owner of a
fence is responsible to verify the location of their property lines.
3. Every fence shall be constructed in a workmanlike manner and of substantial material
reasonably suited to the purpose for which the fence is to be used. Every fence shall be
maintained in a condition of reasonable repair and shall not be allowed to become and remain in
a condition which would constitute a public nuisance or a dangerous condition.
4. Fences shall not be permitted from the following materials: fabric, tarp, sheet metals,
rebar, plastic slats for chain link, cardboard, pallets, sticks, plywood, and similar temporary type
materials as determined by City Staff.
5. All chainlink fences must have a top rail, barbed ends must be placed at the bottom of
the fence, and vertical posts must be spaced at intervals not to exceed ten feet (10').
6. No fences or walls shall be placed on or extend into public rights -of -way.
7. The finished side of any fence or wall must face abutting property or street rights of
way.
8. No fence or wall shall obstruct a motorist's or pedestrian's safe view from the driveway
or street as determined by the City.
9. All fences and retaining walls located within the Mississippi River Corridor Critical Area
(MRCCA) shall comply with Title 11, Chapter 13.
B. Prohibited Fences in All Districts.
1. Electric fences are prohibited in all districts, unless the property is used to fence
livestock and has a minimum of five (5) acres of land.
2. Barbed and razor wire fences.
3. Fences located in the clear view triangle: On corner lots in front or rear yard, no
structure, fence or planting in excess of thirty inches (30") above the curb line or less than ten feet
(10') above the curb line shall be permitted within a clear view triangle described as that area that
begins at the intersection of the impacted property line and corner side property line and is
measured back ten feet (10') along both property lines. Those points are then connected with a
straight line. See diagram below.
12
...- . .....................
- I iifii aF Ide l no-ner#y Line
I . pfivew" .
- -- --- - omgr_ Sidi Propertylne , .. ... _
SCHA.EVARD r+i iaQ
SI RI � I clear View
NOTE: Illustration is for illustrative purposes only and does not depict all situations which
require compliance with the clear view triangle.
C. Fences or Retaining Walls in Residential Districts. All fences and retaining walls within
residential districts must comply with the following.
1. No fence or wall shall exceed six feet (6') above grade level along rear and side
property lines or four feet (4') above grade level in the front yard.
2. Fences within fifteen feet (15') of the front property line must be less than thirty inches
(30") above grade level and at least fifty percent (50%) transparent.
D. Fences or Retaining Walls in Business or Industrial Districts. All fences and retaining walls
within business and industrial districts must comply with the following.
1. Fences in business districts must not exceed eight feet (8') above grade level and are
prohibited in the front yard. Fences in excess of eight feet (8') above grade level and not located
in a front yard require a conditional use permit.
2. Fences in industrial districts must not exceed ten feet (10') above grade level and are
prohibited in the front yard. Fences in excess of ten feet (10') above grade level and not located
in a front yard require a conditional use permit.
3. Fences in business and industrial districts shall be high -quality vinyl -coated chain link
(minimum 9-gauge thickness with a required top rail support), brick, stone, wrought iron,
decorative metal or other such material as approved by City Staff.
E. Fences on Agricultural Property. All fences on agricultural use property must comply with
the following.
13
1. Fences for agricultural uses must not be greater than eight feet (8') above grade level
and may be located along all property boundary lines.
F. Retaining Walls.
1. Retaining wall materials shall be of industry accepted quality and standards so as to
prevent unstable retaining walls.
2. Construction techniques shall be properly followed in order to prevent unstable
retaining walls.
3. Retaining walls over four feet (4) in height must be designed by a registered architect
or engineer and be reviewed and approved by the City Engineer.
4. Retaining walls over thirty inches (30") in height that are located in pedestrian traffic
areas or within thirty-six inches (36") of a public way walk shall be completely fenced along the
top edge with a permanent fencing material.
11-3-7: EXTERIOR STORAGE:
A. Purpose. The presence and accumulation of excessive amounts of material and
equipment on real property creates unsightly conditions that may reduce the value of real
property, create fire and safety hazards, promote blight and deterioration in the community, and
attract rodents and other vermin. Therefore, accumulation and improper storage of personal
property, material and equipment in violation of this Chapter is declared to constitute a public
nuisance and may be abated as such, which remedy shall be in addition to any other remedy
provided in City Code or by state law.
B. Agricultural Districts. Agricultural equipment and materials may be located on agricultural
use property if they are used or usable and intended for use on the premises.
C. Residential Districts. All materials and equipment shall be stored within a building or be
fully hidden with a solid fence or wall so as not to be visible from adjoining properties except for
the following items which are in use, or usable, and in good condition and limited in quantities
to that normally associated with residential use:
1. Clothesline pole and wires;
2. Swings, slides and other recreational play structures;
3. Outdoor furniture, lawn decorations, nonmotorized lawn and garden equipment, and
outdoor cooking equipment;
4. Construction and landscaping material and equipment that are used or intended for
use on the premises within a six (6) month period;
5. Off street parking or storage of vehicles and recreational vehicles as permitted by City
Code.
6. Trash and garbage receptacles that comply with the standards set forth in City Code
Section 11-3-8; or
7. Firewood stacks in any residential district that comply with the standards set forth in
City Code Section 4-1-4.C.
8. Storage pods up to ninety (90) days on an improved surface.
14
D. Business Districts. No exterior storage allowed except as an interim use pursuant to Title
11, Chapter 8.
E. Industrial districts. All business, service, storage, merchandise, display, repair, waste
disposal, and processing must be conducted wholly within a building, except for off street
vehicular parking, and off-street loading and uses specifically listed as including outdoor storage.
Outdoor storage is allowed pursuant to Title 11, Chapter 9. All outdoor storage areas must be
completely screened from all public streets and adjacent properties. Such screening must include
a combination of earth berms fences, walls, and/or landscaping.
F. No exception listed in this Section shall be construed to avoid other restrictions imposed
by City Code or any conditions imposed on any conditional use permit.
11-3-8: TRASH ENCLOSURES:
A. Application. This Section applies to property in the business districts, industrial districts
and residential properties with shared trash enclosures.
B. Closed Containers Required. All waste material, debris, refuse, or garbage shall be kept
in an approved closed container designed for such purposes.
C. Specifications for Enclosure Structures: For all new construction or major alterations to
existing structures, the following standards apply to the placement and construction specifications
of trash enclosure structures:
1. The trash enclosure structure must be setback ten feet (10') from all property lines.
2. Such structure shall be situated on a poured in place concrete base, which shall be
extended a minimum of six feet (6') beyond the door opening to the structure.
3. The walls shall be a minimum of six feet (6') in height and shall be a masonry material
or composite fencing consistent with the principal structure. No roof is required.
4. The door opening shall a maintenance -free opaque material. Use of chain link with
vinyl slats is not permitted.
11-3-9: MECHANICAL EQUIPMENT SCREENING REQUIREMENTS:
A. Screening Required.
1. Rooftop mechanical equipment as viewed from ground level at a variety of locations
must be screened by a raised parapet; or with comparable and compatible exterior building
materials.
2. Standards for mechanical equipment screening:
a. Incidental rooftop equipment deemed unnecessary to be screened by City Staff
must be of a color to match the roof or the sky, whichever is more effective.
b. Metal cabinets used to enclose and protect rooftop mechanical equipment must
not substitute as screening.
3. All ground mounted mechanical equipment accessory to the principal structure thirty
inches (30") or greater than twelve (12) cubic feet shall be screened from public views with
landscaping, berming, or screen wall, except single dwelling unit and double dwelling unit
buildings.
15
11-3-10: GLARE AND LIGHTING:
A. In all districts, any lighting used to illuminate an off street parking area, sign, building, or
yard shall be so arranged as to deflect light away from any adjoining residential zone or from the
public streets and will be compatible with adjacent lighting in adjoining districts.
1. Reflected glare of spill light shall not exceed 0.5 foot-candle as measured on the
property line when abutting any residential parcel.
2. Reflected glare of spill light shall not exceed one (1) foot-candle as measured on the
property line when abutting any business or industrial parcel.
B. Streetlights installed in public rights of way shall be exempt from these standards.
C. Direct or sky reflected glare, whether from floodlights or from high temperature processes,
such as combustion or welding, shall not be directed into any adjoining property.
D. Exterior lighting shall be employed to limit glare and spill light to protect neighboring
parcels and to maintain traffic safety on public roads. These measures shall include lenses,
shields, louvers, prismatic control devices, and limitations on the height and type of fixtures. The
City may also limit the hours of operation of outdoor lighting if it is deemed necessary to reduce
impacts on the surrounding neighborhood.
E. No flickering or flashing lights shall be permitted. Holiday lighting shall be exempt from this
provision.
11-3-11: ARCHITECTURAL DESIGN STANDARDS:
A. Process. Architectural plans shall be prepared by an architect or other qualified person
and shall show the following:
1. Elevations of all sides of the building;
2. Type and color of exterior building materials and table with material percentage
breakdown;
3. Typical floor plans;
4. Dimensions of all structures;
5. The location of trash containers and of exterior electrical, heating, ventilation, and air
conditioning equipment (not necessary for single family buildings); and
6. Additional plans deemed necessary by the City Staff.
B. Building orientation. Buildings shall be oriented so that at least one (1) principal entrance
faces the public street rather than the interior of the site.
C. Building location. No structure of any kind shall be placed within twenty feet (20') of a
public street right-of-way on a corner lot.
D. Exterior materials. The main exterior wall surface of all buildings shall be constructed of
wood, brick, stone, cement board planks, glass, architectural concrete textured surfaces or other
materials of high quality as approved by City Staff. Unadorned pre -stressed concrete panels,
standard concrete block and unfinished metal, except naturally weathering metals such as
copper, shall not be permitted as exterior materials for buildings. This restriction shall apply to all
16
principal structures and to all accessory buildings, including parking ramps, except those
accessory buildings not visible from any exterior lot line. Exterior materials of structures are
subject to the following:
1. Classes of materials. For the purpose of this subsection, materials are divided into
Class 1, Class 2, Class 3, and Class 4 categories as described below.
a. Class 1
(1) Fired clay face brick
(2) Natural stone, synthetic or cultured stone
(3) Transparent glass, opaque or mirror window panels
(4) Other comparable or superior materials as determined by the Community
Development Director
b. Class 2:
(1) Concrete brick
(2) Masonry stucco/synthetic stucco
(3) Specialty concrete block such as textured, burnished block or rock faced block
(4) Tile
c. Class 3:
(1) Architectural metal panels
(2) Vinyl siding
(3) Cement board or engineered wood siding
(4) Architecturally finished precast concrete panels; grade A or B, but not grade C
(5) Exterior finish insulation system (EFTS)
d. Class 4:
(1) Glass block
(2) Smooth concrete block
(3) Smooth scored concrete block
(4) Steel or aluminum siding
(5) Wood
E. Architectural design/compatibility. The exterior architectural appearance of the proposed
structure shall complement the existing structures and intended character of the immediate area,
taking into consideration building materials, size, shape and heights.
F. Window treatment. The use of bars, chains or similar security devices that are visible from
a public street or sidewalk are prohibited.
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G. Equal facade treatment. "360 degree architecture" is required, meaning that facades must
be designed to be viewed from all directions. At a minimum, the same window types and similar
trim detailing must be used on all sides. This requirement shall not be applicable to walls or roof
surfaces which are completely screened from view by other buildings.
H. Residential zoning districts.
1. Single family detached dwellings.
a. Width. The minimum width of the main portion of the structure shall be not less
than twenty feet (20'), as measured across the narrowest portion.
b. Placement. Every dwelling shall be placed so that the apparent entrance or front
of the home faces or parallels the principal street frontage, except where the lot
size exceeds one (1) acre.
2. Multi -family attached dwellings.
a. Width. The minimum width of the main portion of the structure shall be not less
than twenty feet (20) as measured across the narrowest portion in relation to
townhomes, duplexes, and other housing products deemed similar by City Staff.
b. Placement. Every dwelling shall be placed so that the apparent entrance or front
of the home faces or parallels the principal street frontage.
3. Apartments.
a. Materials. Residential buildings of more than six (6) units and nonresidential or
mixed -use buildings must use at least three (3) different Class 1 materials and be
composed of at least sixty-five percent (65%) Class 1 or 2 materials and not more
than ten percent (10%) of Class 4 materials.
b. The following materials are not acceptable:
(1) Unadorned plain or painted concrete block;
(2) Tilt -up concrete panels;
(3) Synthetic stucco products; and
(4) Reflective glass.
c. All building facades visible from a public street or walkway shall employ material
and design features similar to those of the front facade.
I. Business Districts.
1. Materials. Must use at least three (3) different Class 1 or 2 materials and be composed
of at least sixty-five percent (65%) Class 1 materials and not more than ten percent (10%) of
Class 4 materials.
2. Exception. The Planned Business District (PB) shall follow the architectural standards
for industrial districts as defined in Section I below.
J. Industrial Districts.
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1. Materials. Must use at least two (2) different Class 1 or 2 materials and be composed
of at least sixty-five percent (65%) Class 1 or 2 materials and not more than ten percent (10%) of
Class 4 materials.
2. For industrial zoned property only, grade A or B architecturally finished precast
concrete panels are considered a Class 2 material. Grade C precast panels are prohibited.
3. In industrial districts no wall that faces a public right of way, park or a residential use
or district, may have an uninterrupted length exceeding one hundred feet (100') without including
at least two (2) of the following: change in plane, change in texture or masonry pattern, windows,
or an equivalent element that subdivides the wall into human scale proportions.
11-3-12: LANDSCAPING:
A. Purpose and objective.
1. Purpose. Landscaping promotes immediate and long-term public health, safety,
economic stability and general welfare of the City. Landscaping improves the livability of
residential neighborhoods, enhances the appearance and customer attraction of commercial
areas, increases property values, improves the compatibility of adjacent uses, screens
undesirable views, protects against erosion and reduces air and noise pollution. Uniform
standards of development and maintenance of landscaping are established to promote a
reasonable balance between the right of individuals to develop and maintain their property in a
manner they prefer, while creating pleasant, attractive and safe surroundings for the community.
2. Objective. Required landscaped areas serve the following objectives
a. Protect against soil erosion.
b. Reduce hazards of flooding.
c. Absorb carbon dioxide and supply oxygen.
d. Reduce the effects of noise, glare, dust and other objectionable activities.
e. Safeguard and enhance property values.
f. Promote the pleasant appearance and character of neighborhoods and cities.
g. Shade of plants promotes cooling effects.
h. Facilitate the safe movement of traffic.
i. Promote quality development.
j. Promote orderly growth.
k. Provide buffering and screening between different intensities of land use.
I. Aid in water conservation and water quality protection by requiring the use of plant
material native to this climate in landscaping and retention of existing natural
vegetation thereby reducing the need for irrigation, pesticides, herbicides and
fertilizers.
B. Minimum landscape requirements.
1. Locations. The following areas of a site are required to be kept as landscaped areas:
19
a. Parking lot.
(1) Perimeters. The area within fifteen feet (15') of a parking lot perimeter shall be
landscaped with clustered landscaped materials.
(2) Interior. Parking lots with more than twenty-five (25) parking stalls shall contain
interior landscaped islands or other landscaped traffic control or natural
stormwater management features making up at least eight percent (8%) of the
parking lot area in size, meeting the following specifications:
(a) Islands adjacent to single vehicle perpendicular parking rows must be a
minimum of five feet (5) wide and sixteen feet (16') in length; islands
adjacent to double vehicle perpendicular parking rows must be a minimum
of five feet (5) wide and thirty-two feet (32') in length.
(b) Islands adjacent to single vehicle diagonal parking rows must be a
minimum of eighty (80) square feet; islands adjacent to double vehicle
diagonal parking rows must be a minimum of one hundred sixty (160)
square feet.
(c) Islands must be defined by concrete curbing.
(d) In lieu of multiple small freestanding landscaped islands, internal
landscape area requirements may be met by the placement of large linear
landscaped areas that define traffic lanes and break up large hard surface
expanses.
b. Building perimeters.
(1) The sides of a building that face a public street or parking lot shall be
landscaped for a length equal to one-half (1/2) of the building dimension, with
the landscaped region having an average depth of four feet (4').
(2) Existing buildings that have difficulty providing building perimeter landscape
areas because of existing site conditions, may substitute alternative landscape
area designs to satisfy the requirements of this Section.
c. Boulevards and right-of-way easements.
(1) Areas shall be sodded from the curb to the property line at the time of
completion of the site landscaping.
(2) Plantings and locations of materials shall have the approval of the Public Works
Director or designee prior to installation. All maintenance or replacement of
landscape materials is the sole responsibility of the property owner.
(3) Areas in a dedicated public right -of- way or right-of-way easement are not
included in the calculations of the total minimum required landscaping or open
space of a site.
d. Storage, loading and mechanical areas of a building.
(1) Screening must be provided around exterior storage, exterior loading, service
and mechanical areas to screen the uses from view by adjacent property or
streets.
FA
(2) Screening may consist of fences, walls, earth berms and landscape plantings.
Fencing must be a City approved fence design.
(3) Walls must be compatible with the architectural treatment of the principal
structure.
2. Groundcover. Commercial, industrial or residential sites. Back of curb to rear of lot line
shall be sodded.
a. Exceptions.
(1) Properties within rural residential or agricultural zoning districts may be
seeded.
(2) On sites of five (5) acres or more, the City Staff may approve plantings of native
prairie grasses and wildflowers in front yards, or side and rear yards adjacent
to a public roadway. A long-term maintenance strategy shall be provided for
approval by City Staff.
C. Landscaping materials.
1. Materials. All landscaping in required landscaped areas shall be proportionately
balanced with other features on the site and shall consist of a combination of three (3) or more of
the following:
a. Sod;
b. Mulch;
c. Shrubs;
d. Coniferous trees;
e. Ornamental trees;
f. Overstory trees;
g. Decorative rock;
h. Decorative site amenities;
i. Any other decorative landscape treatment; and/or
j. Berms.
2. Size. The following table lists the minimum size requirements for landscaping
vegetation:
Vegetation
Caliper/Gallons
Height
Ornamental tree
1.5 inch
Overstory tree
2.5 inch
Coniferous tree
6 feet
Shrubs
18 inches
Street Tree
2.5 inch
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Caliper Measurements. Caliper measurements shall be taken six inches (6") above
grade for trees under four inches (4") in diameter and twelve inches (12") above
grade for trees larger than four inches (4").
3. Landscaping and installation standards.
a. Plant Materials. All plant material shall conform to and be installed in accordance
with the most current edition of the American Standard for Nursery Stock as
published by the American Association of Nurserymen, and professional
horticultural standards as established by the most current edition of the Landscape
Construction Reference Manual as published by the Minnesota Nursery and
Landscape Association. All new trees shall be balled and burlapped for installation.
b. Species: No required overstory trees shall include the following species: any tree
on the Minnesota Department of Natural Resources invasive species list, ash, elm,
or box elder tree.
D. Residential developments. The minimum required tree and shrub requirements for all
residential developments are as follows:
Vegetation
Minimum
Single -Family
Townhouse
Multiple -Family
Type
Size
Dwellings
Developments
Dwellings
Coniferous
6 feet
May be substituted
1 per unit, but may be
Minimum of 30%
trees
for any of the
substituted on a 1 for 1
of required
overstory
basis for the overstory
overstory trees
deciduous trees
deciduous trees
must be
(maximum of 2)
coniferous
Ornamental
1.5 inch
2 may be substituted for
2 may be
deciduous
(caliper)
1 overstory (maximum
substituted for 1
trees
substitution equals 25%
overstory
of required overstory
(maximum
trees)
substitution
equals 50% of
required
overstory trees)
Overstory
2.5 inch
On lots 60 feet
1 per 40 linear feet of
1 per 40 linear
deciduous
(caliper)
wide or less: 2 per
site perimeter
feet of site
trees
lot
perimeter, not
On lots greater
including the
than 60 feet wide:
street tree
3 per lot, no less
than 2 different
species
Shrubs
18 inch
10 per unit
5 per unit
1 per 5 linear
height
feet of site
perimeter
Street tree
2.5 inch
1 per adjacent
1 per unit
Not required
(caliper)
street
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Street trees.
a. One (1) tree must be planted in the front yard right-of-way of every subdivided
lot in a manner determined by the City Forester. Street trees may be planted
in the street boulevard or in the front yard of the lot as determined by City Staff.
On corner or double fronted lots, one (1) street tree must be planted on each
side of the lot adjacent to a street.
b. The location, size and type or species of trees planted shall be of mixed
varieties and shall be approved by the City Forester and shall include those
with root structures unlikely to interfere with utility lines or sidewalks or
otherwise cause nuisance or damage.
c. The minimum size of trees to be planted as street trees or right-of-way
replacement trees shall be 2.5 inches caliper.
d. The City Forester shall review and approve proposed street tree locations per
the approved landscape plan.
e. On streets having sidewalks, street trees will generally be planted between the
curb and the sidewalk.
2. Residential landscape buffer along major roadways.
a. Purpose. The City recognizes the need to protect new residential development
from the detrimental effects of adjacent principal arterials, minor arterials, and
major collectors as defined in the City's comprehensive plan ("Major Roadways"),
including concerns for safety, noise, light, glare and emissions. In the interest of
the health, safety, and welfare of residents, new developments adjacent to Major
Roadways must provide for landscaping and screening lying outside and parallel
to the road right-of-way.
b. Requirements. For new single family residential developments that trigger a
preliminary and final plat and all multi -family residential developments that include
rear lot frontage along a Major Roadway, the landscape plan must provide an
average of a fifty -foot (50') buffer, but not less than a thirty foot (30') buffer, running
parallel to the rear lot line for the purposes of creating a barrier to the Major
Roadway. The buffer shall be a combination of trees, fences and shrubs that create
a minimum of fifty percent (50%) year-round opacity at maturity.
c. Maintenance. The proposed residential development shall also include a plan to
protect and maintain the tree buffer. This could include a homeowners association
or some other form of protection as approved by City Staff, which incorporates the
buffer into rear yard landscaping.
F. Business and industrial developments.
1. Minimum vegetation requirements for open space: Each development must have at
least the minimum percentage open space shown in the following table:
All Nonresidential Uses
B-2, B-3 and
Industrial
In AG and R Districts,
P-B Districts
Districts
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Mixed Use, And B-1
Districts
Total gross
30%
20%
15%
development
site
2. The open space areas must not be covered by a building or other impervious surface,
and must be planted with trees, shrubs, flowers, native plant species or similar plantings and
covered with sod, landscape rock or mulch. Areas used for demonstrated parking cannot be used
to fulfill the open space requirement.
3. Tree and Shrub Calculations. The number of trees and shrubs required shall be
calculated by multiplying the site area in square feet by the coefficients in the following table for
each landscape material:
Zoning District
Overstory
Coniferous
Shrubs
Deciduous
All nonresidential uses in all AG and R districts, B-
0.0002786
0.0002600
0.0006
1, Mixed Use, and (site area minus stormwater
basins)
B-2, B-3 and P-B (site area minus stormwater
0.0001858
0.0001733
0.0004
basins)
Industrial (site area minus stormwater basins)
10.0001392
1 0.0001300
10.00039
G. Building Permits and Certificates of Occupancy.
1. Financial Guarantee and Warranty. For new construction in industrial, business and
residential districts with common lot landscaping, no building permit shall be issued until the
required landscaping plan has been submitted to and approved by City Staff, and a cash escrow,
or irrevocable letter of credit from an approved banking institution, has been posted and approved
by the City. The required financial guarantee shall be one hundred fifty percent (150%) of the cost
of the landscaping project. Once the approved and required landscape has been installed, the
City shall inspect to verify completion and reduce the financial guarantee by fifty percent (50%).
The remaining financial guarantee shall be in effect for one (1) year from the date of verified
installation to ensure the installation, survival and replacement of the landscaping improvements.
The landscaping improvements must survive one (1) full growing season from the date of the
installation, and any plantings that do not survive shall be replaced.
2. Installation of Landscaping. After an escrow or irrevocable letter of credit has been
posted, the landscaping material required in the approved landscaping plan shall be installed
within six (6) months after the date of posting the bond or irrevocable letter of credit. A 1-month
extension of the planting period may be granted by City Staff upon a demonstration by the
property owner or developer that such an extension is warranted because of adverse weather
conditions or unavailability of required plant materials. No more than three (3) such 1-month
extensions may be granted. The City may draw upon any posted financial guarantee if the
required landscaping improvements have not been installed by the specified completion time or
any plantings that have not survived a period of one (1) year have not been replaced.
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H. Irrigation. Irrigation shall be provided for all sodded and landscaped areas. Said irrigation
shall consist of an underground sprinkling system that is designed by a professional irrigation
installer to meet the water requirements of the site's specific vegetation. The system shall be
detailed on the landscape plan. Systems are permitted in the public right-of-way. The
maintenance and repair of all private irrigation systems placed in public rights -of -way shall be the
responsibility of the system owner. Irrigation systems that will interfere with any improvement
projects in the public right-of-way shall, upon notification, be moved by the system owner at the
system owner's expense prior to the project commencement. Any additional improvement project
costs incurred as a result of irrigation systems that are not removed after notification shall be the
responsibility of the system owner. Irrigation systems shall be so designed and installed that they
do not spray across public streets or sidewalks.
I. Public landscaping care. The City shall have the right to plant, prune, maintain and remove
trees, plants and shrubs within any public right-of-way or public grounds as may be necessary to
ensure the proper health of the vegetation or surrounding vegetation, the general public safety or
to preserve or enhance the symmetry and beauty of such public ground.
J. Landscape plan submittal requirements.
1. Plan required. A detailed landscape plan prepared by a professional landscape
company, an accredited landscape technician or a landscape architect registered by the state
shall be submitted for review and approval by the planning division with any application for a
building permit for a new structure, a site plan approval, or a subdivision approval. Each landscape
plan shall reflect the purpose statement of this Section and shall be prepared to meet the
objectives and requirements.
2. Design emphasis shall be placed on the following:
a. Screening parking view from public roadways and adjoining properties
b. Enhancing driveway entrance areas.
c. Promoting the maintenance of vital sightlines of the principal use on the site.
d. Mitigating the visual impacts of large areas of impervious surfaces.
e. Maintaining efficient traffic and parking control.
f. Reducing the amount of uninterrupted blank walls.
g. Reducing the amount of contiguous hard surface areas at building entrances,
along sidewalks and around other highly visible areas.
3. Plan drawings. At the time of application, all of the following information shall be
indicated graphically and labeled clearly on a one dimension scaled drawing electronic copy for
all exhibits in the plan:
a. Property lines, easements, and other pertinent boundary information.
b. Adjacent and intersecting street rights -of -way, widths, and street names.
c. Existing and proposed structures, buildings, walks, drives, landscaping and
parking areas (with number of spaces noted), and any other structures. Existing
items shall be differentiated from proposed.
d. Existing and proposed utilities and utility easements.
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e. Existing and proposed 2-foot contour lines.
f. Corner visibility triangle areas.
g. Tree inventory and preservation plan.
h. Proposed plantings by location, scientific name, common name, quantity, caliper
and planting method.
i. Total square footage of parcel, buildings, parking lot interior, driveways, sidewalks,
and required landscaped areas.
j. Location, height and material of proposed screening, fencing and berms.
k. Title block containing the following: date, name of project, name, address and
phone numbers of owner, and the identity of the party who prepared the plan.
I. Legal description.
m. North arrow.
n. Graphic scale of 1-inch equals forty feet (40') or larger.
o. Adjacent land uses.
p. Fringe information within a distance of one hundred fifty feet (150') from the project.
q. Vegetation management plan for areas planted with native prairie grasses and
wildflowers.
r. Property identification number.
11-3-13: TREE PRESERVATION:
A. Purpose and objective.
1. Purpose. Trees and woodlands are considered a valuable asset to the City of Cottage
Grove. The City places a priority on protecting this asset and finds that it is in the best interests
of the public to regulate the development and alteration of wooded areas within the City. The City
also finds that a certain amount of tree removal is an inevitable consequence of the development
process and seeks to establish comprehensive standards related to reasonable tree removal and
preservation.
2. Objective. In order to achieve a realistic balance between tree protection and
development, the City has established standards that with compliance and enforcement will:
a. Protect, preserve and enhance the integrity of the natural environment;
b. Allow for orderly development within wooded areas;
c. Minimize tree and wildlife habitat loss and maintain wildlife corridors;
d. Protect privacy by maintaining buffers between land uses;
e. Increase and maintain property values;
f. Prevent and reduce soil erosion and sedimentation;
g. Promote sound stormwater management practices;
in
h. Improve air quality;
i. Reduce noise pollution; and
j. Enhance energy conservation through natural insulation and shading.
B. Definitions: The following words, terms and phrases when used in this Chapter shall have
the meaning ascribed to them in this Section except where the context clearly indicates a different
meaning.
ACTIVELY DEVELOPING SUBDIVISION: A residential subdivision that has an approved tree
preservation plan, and vacant platted lots controlled by a development company that is actively
promoting, selling, or building residential units.
CONIFEROUS TREE: A wood plant which, at maturity, is at least twelve feet (12') or more in
height, and which retains its green color year-round and does not drop its fronds or needles in the
winter.
CRITICAL ROOT ZONE: An imaginary circle surrounding the tree trunk with a radius of one
foot (1') per one inch (1") of trunk diameter, such that, for example, a 20-inch diameter tree has a
critical root zone with a radius of twenty feet (20').
DBH: Diameter of a tree measured four and one-half feet (4 Y2') above the ground.
DRIP LINE: The farthest distance away from the trunk of a tree that rain or dew will fall directly
to the ground from the leaves or the branches of the tree.
HARDWOOD DECIDUOUS TREE: A tree of one of the following species: ironwood, oak, maple
(hard), walnut, hickory, birch, black cherry, hackberry, or locust.
HEALTHY TREE: A healthy tree has:
1. A live top (live crown) that is greater than one-third (1/3) the total tree height,
2. Newly dead branches that make up less than fifteen percent (15%) of the total crown,
3. Less than fifteen percent (15%) of the tree crown with missing branches,
4. Foliage that is dense throughout the live portion of the crown,
5. A tree trunk with open wounds that are less than one-third (1/3) the diameter of the tree,
no wounds in contact with the ground, and no wounds that have soft, punky wood or other
indication of decay.
LARGE WOODLAND TRACT: A wooded area greater than or equal to 7,500 square feet of
contiguous or nearly contiguous canopy cover.
QUALIFYING TREE: A healthy tree meeting one of the following definitions: a hardwood
deciduous tree at least six inches (6") DBH, a softwood deciduous tree at least eight inches (8")
DBH, or a coniferous tree at least ten feet (10') in height, but no trees consisting of the following
species: any tree on the Minnesota Department of Natural Resources invasive species list, ash,
or elm.
SOFTWOOD DECIDUOUS TREE: A tree of one of the following species: cottonwood, poplar,
aspen, silver maple, basswood, or willow.
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C. Prohibited tree removal. The removal of qualifying trees on any property by means of clear
cutting or in a systematic removal method shall be prohibited, except in accordance with a City -
approved tree preservation plan or agricultural management/harvest plan, or unless it is excepted
pursuant to subsection E.
D. Allowable tree removal. The following table establishes the maximum percentage of
existing qualifying inches on a project site that may be removed without mitigation. Mitigation
according to the tree replacement schedule is required when removal surpasses this threshold.
Land Use
Permitted removal threshold (percent of existing
qualifying inches)
Residential <10 units/acre
25%
Residential >10 units/acre,
Business/Commercial
40%
Industrial
50%
1. The following types of trees do not need to be included as part of the total
computation of tree removals:
a. Trees determined by the City or the project arborist to be dead, dying, diseased,
or seriously hazardous;
b. Trees that were planted as part of a commercial business such as a tree farm or
nursery. The applicant shall provide evidence to support the finding that the trees
were planted as part of a commercial business.
E. Exceptions. Tree removal is allowed without preservation plan in the following
circumstances:
1. The removal of individual qualifying trees on a developed single-family residential lot
that is not in a pending or actively developing subdivision.
2. The removal of shrubs, brush, buckthorn, and nonqualifying trees by a property owner.
3. The removal of trees seriously damaged by storms, other catastrophic events or
disease, as verified by the City Forester.
4. The removal of trees with potential to cause serious damage as determined by the
City Forester.
5. The removal of twenty-five (25) or fewer qualifying trees annually associated with
agricultural or commercial horticultural use. Properties in active agricultural production of
trees/tree farms shall have an agricultural management/harvest plan filed with the City for planned
tree removal in excess of twenty-five (25) qualifying trees annually that shall include the following:
a. Legal description of property.
b. Crop/tree identification.
c. Acres to be managed.
d. Soil erosion control measures.
e. Removal staging plan.
OW
F. Tree preservation plan. The tree preservation plan shall include separate plan sheets with
the following information:
1. Contact information of applicants, property owners, developer/builder, and signature
of the person preparing the plan, the certification, and employer or firm.
2. Delineation of the existing buildings, structures, or impervious surfaces situated on the
site.
3. Delineation of the proposed buildings, structures, grading or impervious surfaces
planned on the site.
4. Delineation of all areas to be graded and limits of land disturbance.
5. Graphic identification of all existing qualifying trees.
6. Graphic identification of all qualifying trees proposed to be removed within the
construction area.
7. Tree protection plan as described below.
8. A listing of the total diameter inches of existing qualifying trees on the site.
9. A listing of the total diameter inches of healthy qualifying trees proposed to be
removed.
10. Calculation of replacement trees required per the mitigation requ irements this Chapter.
a. Coniferous tree calculation. Every two feet (2') in height of a removed qualifying
coniferous tree is equal to one (1) qualifying inch.
11. Tree inventory prepared by a certified arborist that meets the following requirements:
a. Table listing each qualifying tree on the site and specifying its identification number
(linked to a metal field tag placed on the tree's trunk five feet (5') from grade);
species; size (dbh in inches for deciduous trees and height in feet for coniferous
trees); classification as hardwood, softwood, or coniferous per the definitions of
this Section; and whether the tree is to be preserved or removed.
b. Exception. For sites containing a large woodland tract within which no qualifying
trees will be disturbed, an alternative inventory meeting the following requirements
may be provided:
(1) Trees within undisturbed large woodland tracts are not required to be
inventoried individually. Instead, the area of the undisturbed tract may be
measured in square feet (on site or by means of an aerial photo) and divided
by sixty (60) to produce a proxy that shall be counted as the number of inches
the tract contributes to the total qualifying inches.
(2) All qualifying trees located on the site but outside of an undisturbed large
woodland tract shall be inventoried as described in (1) above.
(3) The site's total existing qualifying inches shall be the sum of the inches
contributed by undisturbed large woodland tracts and by qualifying trees
outside the tract.
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G. Mitigation.
1. For any development or site in which the number of qualifying inches removed
exceeds the permitted removal threshold, the applicant shall mitigate the tree loss in one of the
following ways.
a. Planting replacement trees in appropriate areas within the development in
accordance with the tree replacement schedule; or
b. Paying to the City a cash mitigation fee, based on the diameter inches of required
replacement in accordance with the tree replacement schedule. The cash fee in
lieu of required replacement inches shall be in accordance with the individualized
calculation for the development or site and described fully in a development
agreement or improvement agreement; payment shall be deposited into the public
landscaping initiative fund prior to tree removal activities.
2. Landscaping credit. Replacement trees planted in accordance with a tree preservation
plan and related mitigation shall be credited against City landscaping requirements.
3. Tree Replacement Schedule:
a. Quantity: Qualifying tree inches removed beyond the permitted thresholds shall be
replaced at a rate of fifty percent (50%), equaling one (1) replacement caliper inch
for two (2) removed diameter inches.
b. Size: Deciduous trees planted in mitigation of excessive tree loss shall have a
minimum caliper of 2.5 inches and coniferous trees shall be a minimum of six feet
(6) tall.
c. Species: Coniferous trees or hardwood deciduous trees as defined and described
in Section B are the only tree species permitted to be used as replacement trees.
One new conifer six feet (6) in height shall be credited as contributing two (2)
caliper inches to the total of required replacement inches. Where ten (10) or more
replacement trees are required, not more than thirty-three percent (33%) of the
replacement trees shall be of the same species of tree. Applicants are encouraged
to plant trees indigenous to the area. In no case shall a tree of a species listed on
the DNR invasive species list be planted as a replacement tree.
4. Example calculation:
Total existing
qualifying inches
Permitted removal
threshold
Inches permitted
to be removed
Inches
removed
Excess inches
removed
1500
50%
750
1000
250
Replacement
Replacement inches
Replacement inch
Replacement
rate
required
credits
trees (one possible
combination
50%
125
Hardwood
30 hard wood
deciduous: 2.5"
deciduous and
W
Coniferous: 2" 125 coniferous
H. Tree protection plan. The applicant shall implement the tree protection plan prior to and
during any grading or construction activity. In addition, tree protection measures shall remain in
place until all land disturbance and construction activity is terminated or until a request to remove
the tree protection measures is made to, and approved by, the City.
1. The applicant will hire a project arborist that is a certified arborist or forester to assist
with all facets of tree preservation on the site.
2. The applicant shall arrange for the City and project arborist to inspect the construction
site prior to the beginning of grading to ensure that protective fencing and other protective
measures are in place and installed correctly, if requested by the City. Minor encroachment,
grading, trenching, filling, compaction, or change in soil chemistry may occur within the fenced
areas protecting the critical root zone of the trees to be saved under the direct supervision of the
project arborist.
3. Qualifying trees designated for preservation which are found to be diseased, or dying,
or are not suited for location into the project may be removed without penalty based upon the
written recommendation of the project arborist. Documentation of qualifying trees recommended
for removal by project arborist must be provided to the City prior to removal of said trees.
4. If a qualifying tree that was intended to be preserved is removed without providing
prior documentation to the City, the applicant shall mitigate the unplanned tree removal through
replacement at a rate of one hundred percent (100%), that is, one (1) replacement caliper inch
will be required for each one (1) diameter inch of a removed deciduous tree, and one (1)
replacement foot shall be required for each one foot (1) of height of a removed coniferous tree.
Alternatively, unplanned tree removal shall be mitigated by payment of a cash fee equivalent to
the cost of the number of new trees this replacement rate would require, in accordance with the
City Forester's annual determination of the costs of new trees.
5. The City shall have the right to inspect the development and/or building site in order
to determine compliance with the approved tree preservation plan. The City shall determine
whether compliance with the tree protection plan has been met.
6. Required protective measures. The applicant shall complete all recommendations
made by the project arborist, and shall implement the following measures to be utilized to protect
qualifying trees:
a. No grade change, construction activity, or storage of materials shall occur within
the drip line or critical root area of qualifying trees to be preserved.
b. Prevention of change in soil chemistry due to concrete washout and leakage or
spillage of toxic materials, such as fuels or paints.
7. Warranty. Any replacement tree which is not alive or healthy, as determined by the
City, or which subsequently dies, other than those damaged by storms or other acts of God, or
diseased, unless caused by construction activity, within one (1) year after the date of project
closure, shall be removed by the applicant and replaced with a new, healthy tree meeting the
same minimum size requirements immediately after removal. The required landscaping letter of
credit may be retained by the City and used to ensure the applicant conforms to this requirement.
31
11-3-14: SIGNS:
A. Purpose: The purpose of this Section is to protect and promote the general welfare, health,
safety, and aesthetics within the City through the establishment of comprehensive standards,
regulations, and procedures governing the erection, use, and/or display of devices, signs, or
symbols serving as visual communicative media to persons situated within or upon public rights
of way or properties. Signs are an essential element of any community. Their location, number,
size, design, and relationship to each other and to other structures have a significant influence
upon a community's appearance and welfare.
B. Intent: The provisions of this Chapter are intended to encourage creativity, a reasonable
degree of freedom of choice, an opportunity for effective communication, and a sense of concern
for visual amenities on the part of those designing, displaying, or otherwise utilizing needed
communicative media of the types regulated by this Chapter, while at the same time assuring that
the public is not endangered, annoyed, or distracted by unsafe, disorderly, indiscriminate, or
unnecessary use of such communicative facilities.
C. Definitions: The following words, terms and phrases when used in this Chapter shall have
the meanings ascribed to them in this Section except where the context clearly indicates a
different meaning.
ABANDONED SIGN: Any sign and/or its supporting sign structure that remains without a
message or whose display surface remains blank for more than one year or that pertains to a
time, event, or purpose that no longer applies. Abandoned signs are not legally established
nonconforming signs.
ADDRESS SIGN: A sign on a building displaying numbers only, whether written or in numeric
form, used for proper identification of the location of the building.
ALTERATION: Any major change to a sign excluding routine maintenance, painting, or
changing of copy of an existing sign.
ANIMATED OR FLASHING SIGN: Any sign or part of a sign which changes physical position
by any movement or rotation, or which gives the visual impression of such movement by use of
lighting, including blinking, chasing, scrolling, or other animation effects, or signs which exhibit
intermittent or sequential flashing of natural or artificial light or color effects.
AREA IDENTIFICATION SIGN: A monument sign which identifies the name of a neighborhood,
a residential subdivision, a multi- family complex consisting of three (3) or more structures or ten
(10) or more units, a commercial development consisting of three (3) or more separate structures,
a shopping center area, an industrial area consisting of three (3) or more structures or any
combination of the above, which does not specifically identify the individual business therein.
AWNING: A roof like cover, often of fabric, plastic, metal, or glass, designed and intended for
protection from the weather or as a decorative embellishment that projects from a wall or roof of
any structure primarily over a window, door, wall, or the like.
BALLOON SIGN: A bag or membrane which is inflated with air, has air actively blown through
it to inflate it, or is filled with a lighter than air gas typically intended to rise or float above the
ground and is greater than twenty-four inches (24") in diameter.
BANNER: A temporary attention getting device which resembles a flag or similar type of
advertisement constructed of a strip of cloth, paper, or other material supported either between
poles or fastened to a building.
32
BEACON: Any light with one or more beams directed into the atmosphere or directed at one or
more points not on the same lot as the light source; also, any light with one or more beams that
rotate or move.
BENCH SIGN: A sign which is affixed or painted to a bench, such as a bus bench.
BILLBOARD: See definition of Off Premises Sign.
BUILDING FACADE: That portion of any exterior elevation of a building extending from grade
to the top of the parapet wall or eaves and the entire width of the building elevation.
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, or to the highest gable
on a pitched or hip roof.
BUILDING MARKER: Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry surface or made of bronze or
other permanent material.
BUSINESS: Any establishment, occupation, employment, or enterprise wherein merchandise
is manufactured, exhibited, or sold or which occupies time, attention, labor, and materials or
where services are offered for compensation.
CANOPY: A roof like structure projecting over a doorway.
CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the face or the surface of the sign. A
"changeable copy sign" shall also include reader board signs.
COMMEMORATIVE OR MEMORIAL SIGN: A sign, tablet, or plaque commemorating or
memorializing a person, event, structure, or site.
COMMERCIAL SPEECH: Speech that is advertising a business, profession, commodity,
service, or entertainment.
COMMUNITY DEVELOPMENT DIRECTOR: The officer or other person charged with the
administration and enforcement of this Chapter or his/her duly authorized deputy.
COPY AND GRAPHIC: The wording and other display messages such as logos or symbols on
a sign.
COPY AND GRAPHIC AREA: The area in square feet of the smallest four (4) sided figure which
encloses the copy and graphic of a sign.
DIRECTIONAL SIGN: A sign erected on public or private property which is designated to guide
vehicular or pedestrian traffic.
DISTRICT: A specific zoning district as defined in the City Zoning Ordinance.
DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear
to change, caused by any method other than physically removing and replacing the sign or its
components, whether the apparent movement or change is in the display, the sign structure itself,
or any other component of the sign. This includes a display that incorporates a technology or
method allowing the sign face to change the image without having to physically or mechanically
replace the sign face or its components. This also includes any rotating, revolving, moving,
33
flashing, blinking, or animated display and any display that incorporates rotating panels, LED
lights manipulated through digital input, "digital ink", video display, or any other method or
technology that allows the sign face to present a series of images or displays.
ERECT: The activity of constructing, building, raising, assembling, placing, affixing, attaching,
creating, painting, drawing, or any other way of bringing in to being or establishing.
FACADE: A false, superficial, or artificial appearance of a building side, given special
architectural treatment.
FLAG: Any fabric or similar lightweight material attached at one end of the material, usually to
a staff or pole, so as to allow movement of the material by atmospheric changes and that contains
distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.
FLASHING SIGN: An illuminated sign which contains flashing lights or exhibits noticeable
changes in color or light intensity.
FREESTANDING SIGN: A sign that is placed in the ground and not affixed to any part of a
structure or building.
FRONTAGE: The front side of a building or tenant space.
GOVERNMENTAL SIGN: A sign which is erected by a governmental unit for the purposes of
identification, information, or directing or guiding traffic.
GRADE: The elevation or level of the ground at the place the sign is to be erected.
GROSS SIGN AREA CALCULATION: The method of calculating the allowable square footage
of signs shall be as follows:
A. Individual Letters or Figures: When attached onto a surface such as a building, canopy,
wall, or awning, the area shall be the smallest rectangle that encompasses all of the letters or
symbols unless the letters and/or symbols are separated by two feet (2') or more in length, in
which case the letter(s) and symbol(s) area shall be calculated separately and added together.
e MIKE"S
_.,..._,__RESTAURANT.
q
SIGN AREA = n v B
B. Monument and Pylon Signs: The smallest rectangle, square, circle, triangle, or
combination thereof that will encompass the entire area of the sign face, including all lettering,
wording, and accompanying designs and symbols, together with all the background, whether
open or enclosed, on which they are displayed and in no case passing through or between
elements of such sign. The area shall not include the main supporting sign structure but shall
include other ornamental attachments that are not a part of the main support of the sign.
34
MONUMENT
AND
PYLON 51GN AREA
B
MIKE'S
A
EAT
A€ EA=Ax
C. Wall Signs: The smallest rectangle, square, circle, triangle, or combination thereof that
will encompass the entire area of the frame, including all lettering, wording, and accompanying
designs and symbols, together with all the background, whether open or enclosed, on which they
are displayed and in no case passing through or between elements of such sign. The area shall
not include the main supporting sign structure but shall include other ornamental attachments that
are not a part of the main support of the sign. Letter(s) and symbol(s) separated by two feet (2')
or more in length shall be calculated separately and added together.
35
More Tharp two (2) foet gaap
bj@P@n ropy sr@,g
rheasure 41rea S�paratel
AWNING/CANOPY IGN AREA
HEIGHT: The vertical distance measured from the base of the sign at grade to the top of the
highest attached component of the sign.
IDENTIFICATION SIGN: Any sign which states the name or address or both of the business or
occupant of the lot or building where the sign is placed and may be a directory listing the names,
addresses, profession or occupation, and business of occupants.
ILLEGAL SIGN: A sign that is erected without first complying with all City ordinances and
regulations in effect at the time of its construction and erection or use. Abandoned signs and
unsafe signs are also illegal signs.
ILLUMINATED SIGN: Any sign that contains an element designated to emanate artificial light
internally or externally.
INFORMATIONAL SIGN: Any sign erected for the safety or convenience of the public including
"no parking", "entrance/exit", "loading only", "telephone", "manager's office", "danger", and other
signs that do not promote or contain advertising or identification of a business, property, or
product.
LEGALLY ESTABLISHED NONCONFORMING SIGNS: Any sign and its support structure
lawfully erected prior to the effective date of any provision of this Chapter that fails to conform to
the requirements of this Chapter.
LIMITED TENANT BUILDING: A commercial retail establishment or a group of commercial retail
establishments with the designed occupancy of three (3) or fewer tenants which has shared
parking and a visual appearance as a contiguous structure which may or may not be planned,
constructed, or managed as a total entity. This includes single tenant retail structures.
4H
LOGO: A symbol, image, insignia, word, word abbreviation, or initials which are designed for
easy recognition, and which represents or identifies in graphic form, a nation or organization of
nation; businesses; states or cities; or fraternal, religious and civic organizations or any
educational institutions, irrespective of whether they are made of permanent, semipermanent, or
temporary materials.
MERCHANDISE SIGN: A temporary A -frame or sandwich board style sign advertising
merchandise or services displayed outside an enclosed building.
MONUMENT SIGN: A freestanding sign independent from any building or other structure that
is mounted on the ground or mounted on a base that is at least as wide as the sign, but in no
event shall the base exceed one hundred fifty percent (150%) of the greatest width of the sign. A
monument sign is typically solid from grade to the top of the structure; however, a monument sign
may include open area below the face of the sign if the sign complies with the monument sign
supporting sign structure design criteria.
MOTION SIGN: Any sign which revolves, rotates, has any moving parts, or gives the illusion of
motion including animated or flashing signs.
MURAL: A work of graphic art painted on a building wall, which contains no commercial
advertising or logos and which does not serve to advertise or promote any business, product,
activity, service, interest, or entertainment.
NAMEPLATE: See definition of Identification Sign.
NONCOMMERCIAL FLAG: Any flag other than a business or commercial flag, including,
without limitation, a flag of any governmental, religious, charitable, fraternal, or political
organization or cause.
NONCOMMERCIAL SIGN: A sign that does not contain speech but promotes a message
concerning political, religious, social, ideological, public service, or informational topics.
NONCONFORMING SIGN:
ILLEGAL: A sign which was constructed after the passage of the ordinance codified in this
Chapter or amendments thereto which does not conform to the requirements of this Chapter
which were in effect on the date of construction of the sign.
LEGAL: A sign which lawfully existed prior to the passage of the ordinance codified in this
Chapter or amendments thereto but which does not conform to this Chapter.
OBSOLETE SIGN: Any sign which no longer advertises a bona fide business conducted or
products sold at that location or premises where the sign is located.
OFF PREMISES SIGN: A sign bearing a commercial message that is located on a property that
is not the premises, property, or site of the use identified or advertised on the sign.
ON PREMISES SIGN: A sign bearing a commercial message that is located on the premises,
property, or site of the use identified or advertised on the sign.
PARAPET: A low wall which is located on a roof of a building.
PENNANT: A relatively long tapering flag.
PERMANENT SIGN: Any sign which is not a temporary sign.
37
PROJECTING SIGN: A sign other than a wall sign which is affixed to a building and which
extends perpendicular from the building wall.
PYLON SIGN: A sign supported by a post or posts so that the sign and supports are finished to
grade and the post or posts are encased in a material consistent with the sign and where the base
width dimension is a minimum of forty percent (40%) of the width of the sign.
REAL ESTATE DEVELOPMENT SIGN: A sign placed on the premises of a subdivision or other
real estate development related to the subdivision or real estate development.
REAL ESTATE SIGN: A sign placed upon a property advertising that particular property for
sale, rent, or lease.
ROOF SIGN: Any sign erected and constructed wholly upon the roof or parapet of a building,
supported by the roof structure, and extending vertically above the highest portion of the roof.
ROOF SIGN, INTEGRAL: Any sign erected or constructed as an integral or essentially integral
part of a normal roof structure of any design, such that no part of the sign extends vertically above
the highest portion of the roof and such that no part of the sign is separated from the rest of the
roof by a space of more than six inches (6").
ROOFLINE: The uppermost line of the roof of a building or in the case of an extended facade,
the uppermost height of such facade.
ROTATING SIGN: A sign which revolves or rotates on its axis by mechanical means.
SHOPPING CENTER: An integrated grouping of commercial stores where the
building/structure which houses the store is under single ownership or control.
SIGN: Any letter, word, symbol, device, poster, picture, reading matter, or representation in the
nature of an advertisement, announcement, message, or visual communication, whether painted,
posted, printed, affixed, or constructed, which is displayed outdoors for informational, corporate
identification, or communicative purposes and is visible to the general public.
SIGN STRUCTURE: The supports, uprights, raceway, bracing, and framework for a sign,
including the sign area.
STREET FRONTAGE: The proximity of a parcel of land to one or more streets. An interior lot
has one street frontage, and a corner lot has two (2) frontages.
TEMPORARY SIGN: Any sign which is erected or displayed for a limited period of time,
including signs affixed or attached to vehicles, including trailers, and capable of being readily
removed such as fliers, banners, inflatable signs, A -frame signs, or flying signs.
UNSAFE SIGN: Any sign that is out of order, in disrepair, rotten, hazardous, or in any other
manner unsafe.
WALL SIGN: A sign which is affixed to the exterior wall of a building and which is parallel to the
building wall and which does not project more than twelve inches (12") from the surface to which
it is attached, nor extend beyond the top of the parapet wall.
WINDOW SIGN: A sign affixed to or inside of a window in view of the general public. This does
not include merchandise on display or business hours.
D. Permits:
W
1. Sign Permit Requirements: All signs must be constructed in accordance with all
applicable City Code provisions, including requirements for obtaining permits and payment of
required fees. No sign, unless exempted by this Chapter, shall be erected, altered, reconstructed,
or moved in the City without first securing a permit from the City.
a. Application for Permit: The following information shall be submitted within or along
with the permit application for a sign:
(1) Name, address, and telephone number of person making application.
(2) Name, address, and telephone number of person owning the sign.
(3) A site plan drawn to scale showing the location of lot lines, buildings, structures,
parking areas, existing and proposed signs, and any other physical features of
the property where the sign will be located.
(4) Plans, location, specifications, number of signs and their dimensions and
square footage, and method of construction and attachment to the building or
placement method in the ground.
(5) Copy of stress sheets and calculations showing that the structure is designed
for dead load and wind pressure in any direction in the amount required by this
Chapter and all other state or federal laws and ordinances of the City.
(6) Written consent of the owner or lessee of any site on which the sign is to be
erected if the applicant is not the owner of the property.
(7) Such other information as is required by the Building Official or Community
Development Director to show full compliance with this Chapter and all other
state or federal laws and ordinances of the City. The Building Official may
waive subsections D.1.a(4) and D.1.a(5) of this Section.
b. Sign Contractors:
(1) License Required; Application, Fee: No person shall install, erect, or maintain
any sign within the City for which a permit is required without having first
obtained a license from the City. An applicant shall complete and file the
application form required by the Community Development Director and pay the
fee set by the City Council.
(2) Insurance Requirements: No license granted under the terms stated herein
shall become effective until the licensee has filed with the City Clerk a copy of
a certificate of insurance in the licensee's name for a minimum of one million
dollars ($1,000,000.00) combined single limit liability coverage for injury to or
death of any one person or persons, or damage/destruction of property in any
one accident.
2. Exceptions: No permit or license for the sign installation thereof shall be required for
the following signs which shall be permissible in all zoning districts. These exceptions shall not
be construed so as to excuse the installer of the sign, or the owner of the property upon which
the sign is located, from conforming to the other provisions of this Chapter, the Zoning Ordinance,
or this Code.
a. Address Signs: Address signs not exceeding three (3) square feet
b. Noncommercial Flags: Noncommercial flags.
M
c. Building Markers: Building markers not exceeding four (4) square feet.
d. Commemorative or Memorial Signs: Commemorative or memorial signs not
exceeding four (4) square feet.
e. Noncommercial Signs: Noncommercial signs in accordance with the following:
(1) In a state general election year, all noncommercial signs of any size may be
posted in any number within or outside the public right of way on private
property from forty-six (46) days before the state primary in a state general
election year until ten (10) days following the state general election.
Noncommercial signs may be placed in a City right of way on private property
only if they are located more than ten feet (10') from the back of the curb or
more than two feet (2') from the edge of a sidewalk or trail, whichever is farthest
from the street curb and/or mounted on the face of a fence if the fence is less
than ten feet (10') from the back edge of the street curb or less than two feet
(2') from the edge of a sidewalk or trail.
(2) If there is a primary for any office in a year that is not a state general election
year, noncommercial signs may be posted within or outside the public right of
way on private property twenty-one (21) days before the primary election.
When there is no primary, noncommercial signs may be posted twenty-one
(21) days before the general election.
(3) All noncommercial signs except those otherwise permitted by this Chapter
must be removed within ten (10) days following the general election.
f. Public Notices or Signs Required: Official public notices or signs required by local,
state, or federal regulations and all governmental signs, including, but not limited
to, traffic control and other regulatory purpose signs, street signs, informational
signs, danger signs, and railroad crossing signs.
g. Window Signs: Window signs placed within a building and within view of the
general public not exceeding forty percent (40%) of total window area in
accordance with the following:
(1) Window signs consisting solely of individual alphabetic letters, numerals, or
other symbolic characters without any background may be displayed but the
net area of the window sign shall not cover more than forty percent (40%) of
the total window area.
(2) A window sign that includes opaque objects, logos, and other images with any
type of background may be displayed, but the net area of the window sign shall
not exceed forty percent (40%) of the total window area. Opaque objects
without any lettering, numerals, other symbolic characters, logos, or any other
images are limited to window coverage area.
(3) The "total window area" shall be measured and calculated so as to include one
continuous panel of glass or other transparent material or a set of two (2) or
more panels divided by mullions of six inches (6") in width or narrower. Panels
surrounded on all sides by solid walls or mullions wider than six inches (6")
shall be considered individual windows.
40
(4) The net area shall be determined by measuring a box around each group of
characters, objects, images, logos, and any background to the objects, images,
and logos.
(5) For purposes of this Section, any banner attached to the outside of a window
shall not be considered a window sign and shall be considered a temporary
sign for which a permit is required.
(6) Hours of operation and "open"/"closed" signs shall not be included in window
sign area calculation.
(7) Window signs may be illuminated, but flashing lights are prohibited.
h. Signs Not Exceeding Three Square Feet of Display Surface: A sign not exceeding
three (3) square feet of display surface on a residential building stating merely the
name, address, and/or profession of an occupant.
i. Informational and Directional Signs: Informational and directional signs posted on
the premises to which they pertain, provided the signs are no more than four (4)
square feet in size per sign.
j. Merchandise Signs: Merchandise signs in accordance with the following:
(1) Must be within twenty feet (20') from the main entrance to the business or
service being advertised.
(2) Must be removed at the end of each business day.
(3) May be no larger than six (6) square feet in size per side.
(4) Merchandise signs in the public right of way or public easements are
prohibited.
k. Nameplate: Nameplate not exceeding two (2) square feet in size.
I. Temporary Real Estate Development Signs: New construction temporary real
estate development sign(s) advertising new construction are permitted in
accordance with the following:
(1) One freestanding temporary sign permitted announcing the development no
larger than thirty-two (32) square feet and not exceeding more than eight feet
(8') in height.
(a) Sign is permitted to be located on the property under development.
(b) Sign shall be set back at least twenty feet (20') from all property lines.
(c) Sign shall be allowed until eighty percent (80%) of the construction in the
development is completed.
(d) If an area identification sign exists on the site, then the new construction
temporary sign must be located a minimum of two hundred feet (200') away
from the area identification sign.
(2) No more than three (3) temporary directional signs for each model home may
be posted within the subdivision.
41
(a) Sign(s) may be no more than eighteen inches by eighteen inches (18" x
18") in size.
(b) Must be located within the developing subdivision.
(c) May not be closer than ten feet (10') to the back of the curb nor closer than
two feet (2') to any sidewalk or trail.
(d) Sign(s) shall be allowed until eighty percent (80%) of the construction in
the development is completed.
m. Real Estate Signs: On site real estate signs for the sale or lease of property are
allowed subject to the following regulations:
(1) One sign per street frontage is permitted.
(2) In residential districts, signs must not exceed six (6) square feet in area and
six feet (6') in height.
(3) Permitted as window signs not exceeding forty percent (40%) of total window
area.
(4) In nonresidential districts, one banner sign attached to the principal structure
no larger than thirty-two (32) square feet and/or a freestanding sign with a
maximum height of twelve feet (12') and no larger than thirty-two (32) square
feet is permitted.
(5) Real estate signs must be removed within seven (7) days following lease or
sale closing or building is fully occupied.
n. Official Government Flags/Emblems: Official government flags and emblems.
o. Home Security Signs: Home security signs, "no trespassing", and "no parking"
signs provided that the total signage on any individual tax parcel shall not exceed
two (2) square feet in area and such signs shall not be illuminated or placed in the
public right of way.
p. Murals: Murals.
3. Prohibited Signs: The following signs are specifically prohibited in any district:
a. Motion Signs: Motion signs, including rotating, animated, and flashing signs other
than dynamic display signs as permitted elsewhere in this chapter.
b. Roof Signs: Roof signs.
c. Signs Painted on Walls: Signs painted on walls excluding murals.
d. Obsolete or Abandoned Signs: Obsolete or abandoned signs shall be taken down
and removed by the owner, agent, or person having the beneficial use of the
building, structure, or property upon which the sign may be found within ten (10)
days after written notification from the building official.
e. Illegal Signs: Illegal signs and illegal nonconforming signs.
f. Signs Attached to Utility Poles, Streetlights, and Trees: Signs attached to utility
poles, streetlights, and trees other than governmental or traffic signs.
42
g. Searchlights or Beacons: Searchlights or beacons unless otherwise permitted with
a special event permit or grand opening permit.
h. Signs on Bridges and Overpasses: No person shall display, place, erect, post,
maintain, install, affix, or carry any sign, including a hand carried sign, on any
portion of a pedestrian bridge or overpass that passes over a freeway or a
controlled access highway when such highway has a speed limit of more than fifty-
five (55) miles per hour.
i. Unsafe or Dangerous Signs: No sign shall be permitted that is a hazard to the
public health, safety, convenience, or general welfare.
j. Benches and Bus Shelter Signs: Signs on bus shelters and bus benches are
prohibited.
k. Tethered Balloons/Balloon Signs: Tethered balloons and balloon signs.
I. Off Premises Signs: Off premises signs.
m. Signs Within the Clear View Triangle: On corner lots, no signs are permitted within
a clear view triangle. The clear view triangle is that area that begins at the
intersection of the front property line and corner side property line and is measured
back ten feet (10') along both property lines. Those points are then connected with
a straight line.
PR0FIER t" LIN
t
EAR VIEW T RtANGa -F
I
n. Obscene Contents of Signs: No sign shall contain any obscene matter as defined
by Minnesota Statutes Section 617.241.
o. Pennants: Pennants.
43
p. Signs Containing Audio Speakers: Signs containing audio speakers or any form of
pyrotechnics.
q. Obstructing Signs: Signs that obstruct windows, doors, fire escapes, or an opening
intended to provide ingress or egress to any structure or building.
r. Signs Affixed to Fences or Natural Surfaces: Signs affixed to fences, trees, rocks,
or other similar natural surfaces, or attached to public utility poles, bridges, towers,
or similar public structures.
s. Signs That Resemble Traffic Signs/Signals: Signs that appear in color or design to
resemble a traffic sign or signal or that make use of words, symbols, or characters
in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular
traffic.
E. General Provisions:
1. Sign Chart:
PR - Permit required; n/a - Not allowed; A - Allowed
Sign Type
Zoning District
References
AG-1 &
R-1
R-
R-3,
R-2A,
R-2E
B-1
B-2 &
P-B
N-B
1-1, 1-2
1-4
1-5
AG-2
& R-
2.5
R-4,
R-2B,
& R-
B-3
& 1-3
2
R-5,
R-2C &
2F
& R-
R-2D
6
Abandoned
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-3C4
Address
A
A
A
A
A
A
A
A
A
A
A
A
A
9-8-3B1
Animated or
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-3C1
flashing
Area
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
9-8-5A1
identification
Awning
n/a
n/a
n/a
n/a
n/a
n/a
A
A
A
A
A
A
A
9-8-6C
Balloons and
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-3C11
tethered balloons
Banner -
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
9-8-5A2
temporary
9-8-6 D
Beacon
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-3C7
Ell
Bench and bus
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-3C10
shelter
Billboard
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-3C12
Canopy
n/a
n/a
n/a
n/a
n/a
n/a
A
A
A
A
A
A
A
9-8-6C
Changeable
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
9-8-4P1
copy/reader
board -
permanent
Changeable
PR
PR
PR
PR
PR
PR
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-4P2
copy/reader
board -
temporary
Commemorative/
A
A
A
A
A
A
A
A
A
A
A
A
A
9-8-3134
memorial
Dangerous or
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-3C9
unsafe
Directional/inform
A
A
A
A
A
A
A
A
A
A
A
A
A
9-8-3139
ational
Directional/inform
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-3C12
ational - off
premises
Dynamic display
n/a
n/a
n/a
n/a
n/a
n/a
PR
PR
PR
PR
PR
PR
PR
9-8-41
Governmental
A
A
A
A
A
A
A
A
A
A
A
A
A
9-8-3136
Identification/na
A
A
A
A
A
A
A
A
A
A
A
A
A
9-8-31311
me-
plate/building
marker
Illegal
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-3C5
Illuminated
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
9-8-41-1
Legally
A
A
A
A
A
A
A
A
A
A
A
A
A
9-8-7
established
nonconforming
Merchandise
A
A
A
A
A
A
A
A
A
A
A
A
A
9-8-31310
Monument
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
9-8-6A
Motion
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-3C1
Noncommercial
A
A
A
A
A
A
A
A
A
A
A
A
A
9-8-3132
flag
Obsolete
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-3C4
45
On premises
temporary
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
9-8-3135
9-8-5A2
9-8-6 D
Projecting
n/a
n/a
n/a
n/a
n/a
n/a
PR
PR
PR
PR
PR
PR
PR
9-8-4N
Pylon
n/a
n/a
n/a
n/a
n/a
n/a
PR
PR
PR
PR
PR
PR
PR
9-8-6A
Real estate
A
A
A
A
A
A
A
A
A
A
A
A
A
9-8-31313
Real estate
development
A
A
A
A
A
A
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-31312
Roof
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
9-8-3C2
Wall sign
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
9-8-613
Window
A
A
A
A
A
A
A
A
A
A
A
A
A
9-8-3137
2. Color of Signs: All signs which have their backs visible to public view shall have such
backs painted in a neutral color compatible with the background against which they are set.
3. Signs Affixed Flat Against Building Walls: No sign affixed flat against a building wall
shall extend beyond any edge of such wall, nor shall any such sign extrude more than twelve
inches (12") from the wall.
4. Changing Copy of Sign: The changing of the copy or message of a painted, plastic
face, or printed sign is permitted provided that there is no change in the size, shape, or lighting of
the sign and provided that such change is not done in a manner so as to constitute a flashing
sign.
5. Compliance with Building and Electrical Code: All signs shall comply with all applicable
provisions of the building code and, if applicable, electrical code.
6. Approval of Property Owner: No sign shall be placed on any property without the
approval of the property owner.
7. Height Above Public Ways: Except for necessary poles, uprights, pedestals, and other
support structure elements, no portion of any sign located over a public right of way shall be less
than eight feet (8') above grade level, except for signs that are designed such that they present
no hazard to pedestrians or vehicles.
8. Illuminated Signs: Illuminated signs shall comply with the following requirements:
a. Any illuminated sign located within fifty feet (50') of a residential lot line shall be
diffused or indirect so as not to reflect direct rays of light into adjacent residences.
All illuminated signs in business and industrial districts in close proximity to
residential districts or residential uses shall be designed, to the extent practical, so
as to illuminate the sign and not the residential property or residential use.
b. Illuminated signs lighted by any means, whether as an integral part of the sign or
a light away from the sign, such as floodlights, shall be governed as follows:
46
(1) Any combination of signs or light sources which cast a light on a public street
shall not exceed one foot-candle (foot-candle meter reading) as measured at
the property line.
(2) Any combination of signs or lights which cast light on property zoned for
residential use shall not exceed five -tenths (0.5) of a foot candle (foot-candle
meter reading) as measured at the property line of such residential property.
(3) In no instance shall exposed light bulbs be utilized to light signs, property, or
merchandise. The lights shall be hooded or controlled in some manner so as
to direct light away from public streets or adjacent or nearby property.
(4) The illumination source shall not be placed so as to cause or create a traffic
hazard or to conflict with traffic control signs or lights.
(5) The illumination electrical power supply, wiring, and conduits must not be
visible on the exterior of the sign.
c. The illumination of building facades with neon or light emitting diode (LED)
architectural lighting shall be permitted when properly maintained.
d. The display luminosity of dynamic signs shall be limited to five thousand (5,000)
nits (illuminative brightness measurement) during daylight hours, and seven
hundred fifty (750) nits between a half hour before sunset to a half hour after
sunrise as measured utilizing industry accepted standards.
9. Dynamic Display Signs: Dynamic display signs shall be governed as follows:
a. Permitted Locations:
(1) On wall or monument signs located:
(a) On properties located in any commercial or industrial zoning district.
(b) On properties with a conditional use permit for religious or institutional use.
(c) On government buildings or sites located in any zoning district.
(d) On temporary signs used for traffic control during construction or
maintenance projects on state, county, or local roads.
b. Prohibited Locations:
(1) On pylon signs except for retail uses required by Minnesota Statutes to display
prices.
(2) As window signs greater than three (3) square feet.
(3) As portable signs.
(4) On rooftops.
(5) In residential and agricultural districts.
c. Setback Requirements: Ten feet (10') from edge of sign to any property line.
d. Display Size:
(1) Twenty-four (24) square feet maximum per property.
47
(2) Included in total wall and monument signage square footage calculations.
e. Display Height: Fifteen feet (15') maximum from grade to top of sign.
f. Display Image: Pictures, graphics, logos, symbols, images, and messages
displayed on the onsite dynamic sign must be static.
g. Display Transition: Scrolling, the appearance of motion, flashing, animation,
motion video, and similar transitions are prohibited.
10. Display Frequency: One hour minimum between changes in display transition.
Emergency notifications or alerts posted on government or institutional signs are exempt from this
Section.
11. Planned Unit Developments: Planned unit developments (PUDs) or planned
development overlays (PDOs) shall submit a comprehensive sign plan at such time when the total
PUD or PDO is reviewed by the planning commission. Due to the multiple land uses in a planned
unit development, all signs shall be compatible in character, materials, and color with each other
and the surrounding land uses.
12. Shopping Centers: A comprehensive sign plan shall be submitted for shopping centers
at the time when the building plans are reviewed by the planning commission.
13. Mississippi River Critical Area: Within the designated Mississippi River critical area, no
sign is permitted that is visible from the river, except those necessary for safe navigation along
the river.
14. Statues, Sculptures, and Architectural Features: Symbols, statues, sculptures, and
integrated architectural features of a design which deviates from the architectural character of the
surrounding structures shall require a conditional use permit.
15. Projecting Signs: Permitted only in business and industrial districts, subject to the
following restrictions:
a. The maximum sign area shall be twenty (20) square feet per building face.
b. Not less than eight feet (8') of clearance shall be provided between the sidewalk
elevation and the lowest point of the projecting sign.
c. Signs shall project from the face of the building no more than the lesser of one-
third (1 /3) of the sidewalk width or four feet (4'). Sidewalk width shall be measured
perpendicular from the face of the building at the proposed sign location.
16. Contractor Signs: Contractor signs denoting the architect, engineer, or contractor
placed on premises are permitted when construction, repair, or renovation is in the process,
provided such signs are five (5) square feet or less.
17. Changeable Copy Signs:
a. Permitted as a permanent sign in accordance with the requirements set forth in
City Code.
b. Permitted as a temporary sign in accordance with the requirements set forth in City
Code.
F. Signs in Residential and Agricultural Districts:
1. Design Standards:
48
a. Area Identification Signs:
(1) Monument Sign: Must be a monument sign.
(2) Located at Entrance: Shall be located at the entrance to the project or
subdivision.
(3) Located on Private Property: Shall be located on private property and
prohibited on public rights of way unless specifically approved by the City
Council.
(4) Maximum Permitted: A maximum of two (2) area identification signs, not
exceeding a total of one hundred (100) square feet in sign area with no more
than fifty (50) square feet per sign, may be permitted at each project entrance
or subdivision entrance. Two (2) signs are permitted at each project entrance
only to create a gateway effect at opposite corners of the entrance to the
project.
(5) Maximum Height: The maximum height of an area identification sign shall be
ten feet (10').
(6) Multiple -Family Buildings: A multiple -family complex consisting of three (3) or
more structures or ten (10) or more units shall be allowed an area identification
sign not to exceed sixty-four (64) square feet.
b. On Premises Temporary Signs: Residential or agricultural lots greater than three
(3) acres in size are permitted no more than two (2) separate on premises
temporary signs at one time in accordance with the following:
(1) Combined area of sign(s) must be no more than thirty-two (32) square feet.
(2) Sign(s) may be posted for no more than fifteen (15) consecutive calendar days
at a time.
(3) Sign(s) must be set back from the roadway edge a minimum of twenty-five feet
(25').
(4) A no fee temporary sign permit is required.
(5) Nine (9) temporary sign permits permitted per property per calendar year.
(6) Banner signs must be attached to the principal structure.
c. Places of Worship, Parks, Hospitals, Schools, and Other Nonresidential Buildings:
(1) Places of worship, parks, community centers, hospitals, schools, libraries, City,
and other nonresidential buildings are permitted one monument sign upon their
property with a building permit. Such sign shall not exceed a total of fifty (50)
square feet and shall not exceed a height of ten feet (10').
(2) In addition to monument signage, wall signage is permitted provided that the
wall sign area shall not exceed fifty (50) square feet.
(3) If signage in excess of subsections F.1.c(1) and F.1.c(2) of this subsection is
desired, a Conditional Use Permit shall be required.
49
G. Signs in Business and Industrial Districts:
1. Monument or Pylon Sign:
a. Number of Signs: One (1) on premises monument or pylon sign shall be permitted
on each separate property within a business or industrial district.
b. Tenant Identification Monuments: Tenant identification monuments are not
permitted in industrial districts in areas designated for mixed uses on the City
Comprehensive Plan Map or zoned P-B, planned business, on the City Zoning
Map.
c. Location:
(1) Monument or pylon signs shall be no closer than seventy-five feet (75') to
another monument or pylon sign.
(2) No monument or pylon sign shall be erected within the clear view triangle.
(3) No monument or pylon sign shall extend above the roofline of any structure on
the property on which it is located.
d. Size:
(1) The size of a monument or pylon sign permitted on any individual property is
determined by the gross square footage of the principal structure located on
the property.
(2) One sign per tax parcel is permitted unless the tax parcel contains a multi -
tenant building or limited tenant building and is eighty thousand (80,000) gross
square feet or more and has two (2) or more primary access points in which
case a second monument or pylon sign is permitted. A second monument sign
at a secondary access point is permitted if the primary freestanding sign is of
monument style. The second monument sign shall not exceed fifty percent
(50%) of the copy and graphic area and height requirement of the permitted
principal sign.
(3) The following table lists the maximum size and heights for permitted monument
and pylon signs:
Principal Structure
(Gross Square Feet)
Monument
Pylon
Height
Copy And Graphic
(Square Feet)
Height
Copy And Graphic
(Square Feet)
Greater than 400,000
10 feet
100
15 feet
50
100,001 - 400,000
10 feet
100
15 feet
50
20,001 - 100,000
10 feet
90
15 feet
45
Less than 20,000
10 feet
70
15 feet
35
2. Design: The base of the monument sign shall be constructed of class I materials that
match those used on the building for which the sign is located. If no class I materials are used on
the building, class 11 materials shall be used.
50
3. Wall Signs:
a. Gas station canopies or other canopies are considered principal structures for
computing allowable signage.
b. The following table indicates maximum wall signage permitted per tenant wall:
Principal Structure
Individual Wall Sign Calculation
Size
(Gross Square Feet)
100,001 - 400,000 square
200 square feet or 1.25 square feet of sign per linear foot of the tenant frontage,
feet
whichever is less
20,001 - 100,000 square
150 square feet or 1.25 square feet of sign per linear foot of the tenant frontage,
feet
whichever is less
Less than 20,000 square
100 square feet or 1.25 square feet of sign per linear foot of the tenant frontage,
feet
whichever is less
c. Sign area measured shall be the allowable wall sign square footage for each of the
tenant walls.
d. The City may recognize separate sign plans for buildings which will supersede the
ordinance. The sign plans which have been approved by the Community
Development Director will have the effect of a sign ordinance for the specific
property.
e. Each tenant's wall sign on a multi -tenant building shall not extend closer than two
feet (2') from the tenant's lease line. Wall signs may include tenant identification,
tenant logo, shopping center name, shopping center logo, or any combination of
the four (4).
f. Tenant identification shall be individually mounted or located on a raceway that is
consistent in color with the wall facade.
g. All returns of tenant identification signs on a single multi -tenant building shall be
uniform in color.
h. All tenant wall signs shall be internally illuminated.
i. Wall signs shall not extend above the roofline of any principal building.
j. Sign changeouts require repair to holes or other wall markings left and painting to
match tenant wall facade color.
4. Awnings, Canopies, Marquees:
a. Signs on awnings, marquees, and canopies shall be considered wall signs under
the terms of this Section and subject to the regulations for said signs.
(1) Copy or graphics on awnings, canopies, or marquees shall be considered as
part of the individual wall area calculation.
51
(2) An awning may be designated as a sign area as an alternative or addition to a
sign on the building facade, provided the awning signage does not exceed the
total sign area allowed.
(3) A sign may be displayed on the side panels of the awning.
(4) The sign displayed on the awning shall not be more than forty percent (40%)
of the awning's principal face.
5. On Premises Temporary Signs:
a. Existing Business: A maximum of four (4) temporary sign permits may be issued
to each business per calendar year for up to fifteen (15) days each. The temporary
sign must be in the form of a weatherproof banner no larger than thirty-two (32)
square feet in size attached to the principal structure.
b. New Business or Reopening of an Existing Business or Store Closing: One
temporary sign permit per calendar year shall be issued for no more than fifteen
(15) days.
c. Removal After Expiration of Permit: On premises temporary signs must be
removed within twenty-four (24) hours after the expiration of the permit.
H. Legally Established Nonconforming Signs:
1. Continuance of Use: Any legally established nonconforming sign (legal nonconforming
sign), including its structure, may be continued at the same size and in the same manner of
operation except as hereinafter specified.
2. Dangerous Conditions: A legal nonconforming sign must be removed if the sign and/or
structure is declared unsafe by the building inspection division.
3. Discontinuance of Use: When the use of a legal nonconforming sign has been for a
period of twelve (12) months or has changed to conform to this Chapter, any further use of the
sign must comply with all provisions of this Chapter and Minnesota Statutes Section 462.357.
4. Damaged Signs: Whenever a legal nonconforming sign shall have been damaged by
fire, flood, explosion, earthquake, war, or an act of God and the damage of the sign and/or
structure is fifty percent (50%) or more of its fair market value as estimated by the building
inspection division, it may be reconstructed and used as before if a building permit has been
applied for within one hundred eighty (180) days from the date the sign was damaged. If no
building permit is applied for within one hundred eighty (180) days from the date the sign was
damaged, any subsequent use or reconstruction of the sign shall be for a use in accordance with
the provisions of this Chapter.
5. Alteration of Signs: A legal nonconforming sign may not be altered except as permitted
by state statute.
6. Maintenance and Repair: Normal maintenance of a legal nonconforming sign is
permitted, including necessary structural repairs and incidental alterations which do not extend or
intensify the nonconforming use.
Maintenance and Repair Requirements:
1. All signs, together with all their supports, braces, guys, and anchors shall be kept in
repair and in proper state of preservation.
52
2. The display surfaces of all signs and tier supports shall be kept neatly painted or
posted at all times.
3. All signs which are unsafe, dangerous, and/or unsightly shall be repaired or removed.
Unsafe or dangerous signs shall be removed or otherwise properly secured by the property owner
and/or sign owner upon receipt of notice to do so given by the City. Any abandoned, unsafe, or
illegal sign is hereby declared to be a danger to the health, safety, and welfare of the citizens of
Cottage Grove and is declared to be a public nuisance subject to abatement and assessment,
except that legally established nonconforming signs shall not be abated until they have been
abandoned for more than one year. Unsightly signs must be repaired or removed within fifteen
(15) days of notification. The term "unsightly" shall mean a condition in which the sign has
deteriorated to the point where at least one-fourth (1/4) of the surface area of the name,
identification, description, display, illustration, or other symbol is no longer clearly recognizable at
a distance of twenty feet (20'); or where paint is peeling, chipping, or flaking from the structure
surface, or where the sign has developed significant rust, corrosion, rotting, or other deterioration
in the physical appearance.
4. Every sign and the immediate surrounding premises shall be maintained by the owner
or person in charge thereof in a clean, sanitary, and inoffensive condition and free and clear of all
obnoxious substances, rubbish, and weeds. Notice shall be given to the Community Development
Director of any change in sign user, sign owner, or owner of the property on which the sign is
located.
53
CHAPTER 4
SPECIAL ZONING PROVISIONS
SECTION:
11-4-1: Density Bonuses
11-4-2: Drive -Through Establishments and Fast -Food Restaurants
11-4-3: Home Occupations
11-4-4: Event Centers
11-4-5: Motor Fuel Stations
11-4-6: Automotive, Motorcycle, Trailer, Recreational Vehicle and Farm Equipment Sales
and Leasing
11-4-7: Automobile Car Wash
11-4-8: Vehicle Repair as Permitted or Conditional Use
11-4-9: Self -Storage Facilities
11-4-10: Donation Drop Boxes
11-4-11: Wind Energy Conversion Systems (WECS)
11-4-12: Satellite Receive -Only Antennas (SROA)
11-4-13: Solar Energy Systems
11-4-14: Antennas and Towers
11-4-15: Farming Operations in Residential Districts
11-4-16: Outdoor Seating or Dining
11-4-17: Temporary Accessory Outdoor Sales
11-4-1: DENSITY BONUSES:
Density bonuses consistent with the comprehensive plan may be granted by the City Council to
increase the maximum permitted density for residentially guided land, if the proposed project
meets certain affordable housing policies. The allowable total density increase under this
provision shall not be increased more than twenty percent (20%). For determining AMI
requirements, the City shall utilize Metropolitan Council data.
Average Median Income (AMI) Density Increases:
Density
Bonus
10 to 15% of the total units set aside for 30% AMI
15-20%
15 to 20% of the total units set aside for 31 to 50% AMI
10-15%
20 to 30% of the total units set aside for 51 to 80% AMI
10-15%
Affordable housing site and design incentives:
Preservation of significant wooded areas and open space
0-5%
1
Sustainable design (i.e. LEED, Solar, etc.)
0-5%
Onsite amenities (common space, playgrounds, sport courts)
0-5%
Underground parking
0-5%
Transit Access (i.e. TOD, BRT, or park and rides)
0-5%
11-4-2: DRIVE -THROUGH ESTABLISHMENTS AND FAST-FOOD RESTAURANTS:
Drive -through establishments and fast-food restaurants in all districts shall be subject to the
following performance standards:
A. Screening. Screening shall be required on property lines that are adjacent to residential
districts or uses.
B. Menuboards. Digital menuboards shall not be lit outside the hours of operation.
C. 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 six (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. Stacking area shall be setback from property lines ten feet (10') to allow
sufficient space for adequate snow removal and storage.
D. Electronic Devices. Loudspeakers, squawkboxes or similar drive -through speaker
systems shall not be located less than fifty feet (50') from any adjacent residential district or use.
11-4-3: HOME OCCUPATIONS:
A. Permitted Use. Home occupations are permitted as an accessory use to a residential use
of a property within all zoning districts within the City, subject to meeting the performance
standards established in this Section.
B. Performance Standards. A home occupation must conform to all of the following
standards.
1. No more than one (1) person, other than the occupants of the dwelling, shall be
employed on the premises at any one time.
2. Identification signs shall conform to this Code.
3. The appearance of the structure shall not be altered or the occupation within the
residence be conducted in a manner which would cause the premises to differ from its residential
character either by the use of colors, materials, construction, lighting or advertising signs or the
emission of sounds, odors, noise, vibrations, heat, glare or electrical disturbances.
4. No home occupation shall be conducted in any accessory building that is conducted
in a manner which would cause the premises to differ from its residential character either by the
use of colors, materials, construction, lighting or advertising signs or the emission of sounds,
odors, noise, vibrations, heat, glare or electrical disturbances.
5. The use shall not create substantial traffic. The number of customer vehicular trips to
the dwelling unit for the purpose of obtaining products or service shall not exceed ten (10) per
day. Vehicular trips related to package pick-ups and deliveries for home occupations shall be
limited to four (4) per day and is restricted to straight axle vehicles only. Any need for parking
shall be off the street and be located on approved parking surfaces.
6. No home occupation shall cause an increase in sewer or water usage so that the
combined total use for dwelling and home occupation purposes exceeds the normal range for
residences in the City.
7. Exterior storage or display of materials or equipment of any kind is prohibited.
8. No more than twenty-five percent (25%) of the principal structure may be devoted to
home occupation use.
9. Food related businesses must comply with Minnesota Statutes Section 28A.152 and
all provisions of the Zoning Code.
C. Prohibited Home Occupations. The following uses shall not be permitted as home
occupations:
1. Adult uses.
2. Animal hospitals, pet shops, pet daycare.
3. Medical marijuana dispensary.
4. Medical and dental offices, clinics and laboratories.
5. Intoxicating CBD Product sales.
6. Restaurants.
7. Stables or kennels, except as allowed by City Code.
8. Vehicle sales requiring a Minnesota dealers or wholesale license.
9. Vehicle, trailer or boat repair or service.
10. Other uses as determined by the Community Development Director.
11-4-4: EVENT CENTERS:
A. Event Centers must comply with the requirements of this Section.
B. Patios and outdoor seating, dining or gathering areas:
1. When adjacent to residentially zoned property, there shall be a minimum setback of
one hundred and fifty feet (150') from any patio or outdoor gathering area to the nearest
residentially zoned property line. Patio or outdoor gathering areas shall be separated from
residential use or district by the principal structure or other method of screening acceptable to the
City. The minimum distance from a residential use or district may be reduced should the City
determine the applicant has added sufficient elements to reduce the impact of this use.
2. Patio or outdoor gathering areas shall be screened in a manner that completely
restricts vision of the patio or gathering area from an adjacent residentially zoned property.
3. No outdoor sound amplification systems shall be allowed when adjacent to residential
properties. When not located adjacent to residentially zoned property an outdoor sound
amplification system shall not be allowed after 8:00 p.m. All speakers must be directed away from
any residentially zoned property.
4. Any outdoor seating or dining area shall comply with City Code Section 11-4-16.
C. Parking areas:
1. Parking areas shall be screened from any adjacent residentially zoned property.
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2. Off street parking requirements shall meet the restaurant parking requirements and
other standards identified in City Code Section 11-3-4.
D. Lighting:
1. Lighting shall be provided as necessary for security safety, and traffic circulation. All
light poles shall be a maximum of twenty feet (20') in height, including base, and shall be shoebox
style, with LED lamps. Other than wash or architectural lighting, attached security lighting shall
be shoebox style. In addition, any entry lighting under canopies shall be recessed and use a flush
lens. All lighting shall be downward directed with flush lens and shall be zero lumen at any
residentially zoned property line or 1.0 lumen at any nonresidential zoned property line.
2. Lights producing varying intensities, changing colors, moving lights or search lights
are prohibited.
E. The hours of operation shall be no later than 10:00 p.m. on Sunday through Thursday and
12:00 a.m. on Friday and Saturday.
F. The serving of food and beverages is permitted only in conjunction with a private event
that is not open to the general public.
G. Trash containers shall be stored indoors, or if outdoors, all trash enclosures shall be
screened.
11-4-5: MOTOR FUEL STATIONS:
Motor fuel stations in all districts shall be subject to the following standards:
A. Minimum Pump Setback Requirements. Pumps shall be set back no less than twenty-five
feet (25') from all property lines.
B. Canopies.
1. The setback of any overhead canopy or weather protection, freestanding or projecting
from the station structure, shall be not less than ten feet (10') from the street right-of-way line, nor
less than twenty feet (20') from an adjacent property line.
2. The total height of any overhead canopy or weather protection shall not exceed twenty
feet (20').
3. No light banding around the exterior of the canopy.
4. Canopy columns shall be constructed of a primary material that matches and
compliments the principal building.
C. Architectural Design. 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.
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 a residential district, a fence or landscape
hedge not less than fifty percent (50%) opaque nor less than six feet (6') high shall be erected
and maintained along the property line(s) that abuts the residential district. Application of this
provision shall not require a fence within fifteen feet (15') of any street right-of-way line.
11-4-6: AUTOMOTIVE, MOTORCYCLE, TRAILER, RECREATIONAL VEHICLE AND
FARM EQUIPMENT SALES AND LEASING:
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A. Performance Standards.
1. Display and storage areas must be on the same lot as the principal structure.
2. No parking of items for sale is allowed in landscaped areas.
3. Customer and employee parking areas must be clear. No parking or vehicle
display is allowed in driveways, entrances, or customer parking areas.
4. No test driving on local residential roads.
5. Pennants, balloons, streamers, pinwheels, or other attention attracting devices are
not allowed. Open hoods of vehicles, windshields, car windows, trunks, roofs, or
the like must not be used for signage.
6. All lighting must be downward directed with cutoff fixtures. No signs may be
attached to light poles.
7. No loudspeakers or music systems are allowed outside of the building.
11-4-7: AUTOMOBILE CAR WASH:
A. The site and building(s) shall be designed to limit the effects of the washing operation on
adjacent properties and public rights of way. Garage doors shall be positioned to limit exposure
to main roadways and residential districts. No car wash use shall be located abutting any
residential use or district, unless a public street separates the two (2) uses.
B. The principal building shall be the primary source for screening the stacking and exiting
areas from adjacent properties and/or public rights of way. Landscaping and berming at a
minimum of fifty percent (50%) capacity shall be a secondary source for screening the stacking
and exiting areas. Should landscaping and berming be found ineffective by the City, the City may
approve screening walls and/or decorative fencing as an alternative if the following standards are
met:
1. Shall be constructed of the same materials as the principal building;
2. Shall not extend more than twenty-five feet (25') without a change in architecture to
reduce their mass and appearance;
3. Stacking areas shall have a minimum of ninety percent (90%) opacity screen to a
height of six feet (6'); and
4. Exiting areas shall have a minimum of fifty percent (50%) opacity screen to a height of
at least four feet (4').
C. All overhead vehicle doors on the building shall remain closed except when a vehicle is
entering or exiting the building.
D. Commercial car washes shall have a minimum of four (4) stacking spaces per wash stall.
E. Stacking lanes shall not interfere with circulation in any required parking, loading,
maneuvering or pedestrian area.
F. Untreated water from the car wash shall not be discharged into the storm sewer.
11-4-8: VEHICLE REPAIR AS PERMITTED OR CONDITIONAL USE:
A. Vehicle repair as a permitted use in industrial districts is subject to the following:
1. Vehicle repair uses within one hundred feet (100') from a residential use or residential
zoning district are prohibited.
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2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a
closed building, except minor maintenance, including tire inflation, adding oil, wiper replacement
and the like.
3. Outdoor storage of tires, parts, materials and equipment is prohibited.
4. Vehicle repair uses shall designate on a site plan separate areas for customer parking
and parked vehicles awaiting repair or pick up.
5. Public address system outside a building is prohibited.
6. The hours of operation for a vehicle repair use shall be between 7:00 A.M. and 7:00
P.M., 7 days per week.
7. Repair of class I and class II commercial vehicles is prohibited.
B. Vehicle repair as a conditional use in business districts is subject to the following:
1. The site and building(s) shall be designed to limit the effects of this use on adjacent
properties and public right of way.
2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a
closed building, except minor maintenance, including tire inflation, adding oil, wiper replacement
and the like.
3. All overhead vehicle doors facing a residential use or residential zoning district shall
remain closed except when a vehicle is entering or exiting the building.
4. Outdoor storage of tire, parts, materials and equipment is prohibited.
5. Vehicle repair uses shall designate on a site plan separate areas for customer parking
and parked vehicles awaiting repair or pick up. Storage of inoperable vehicles awaiting repair that
are within one hundred feet (100') from a residential use or residential zoning district must be
enclosed from public view with a solid fence that is six feet (6') in height. A chain link fence with
slats is not acceptable.
6. Public address system outside a building is prohibited.
7. The hours of operation may be restricted to limit impacts to adjacent uses.
8. Auto body repair is prohibited.
9. Additional landscaping and screening on the site may be required to limit sight and
noise impacts on adjacent uses.
10. Repair of class I and class II commercial vehicles is prohibited.
11. Advertising signage facing residential uses is prohibited.
11-4-9: SELF -STORAGE FACILITIES:
Self -storage facilities require a conditional use permit and in addition are subject to the following
conditions:
A. Shall not allow maintenance of any vehicles on site, except for minor maintenance such
as tire inflation, adding oil, wiper replacement, and battery replacement.
B. No businesses shall be allowed to operate out of the storage unit facilities.
C. Shall have a security system adequate to limit access to persons renting a storage site.
D. Shall not be located closer than three hundred feet (300') to any residential use.
E. All drive aisles and parking surfaces must be surfaced with asphalt or concrete.
I:
F. All storage space openings shall be oriented internally to the facility and shall not directly
face a public street or adjoining property if feasible.
11-4-10: DONATION DROP BOXES:
Donation Drop Boxes require an Administrative Conditional Use permit with conditions regarding
the time, location, size and collection schedule.
11-4-11: 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: The following words, terms and phrases when used in this Chapter shall have
the meaning ascribed to them in this Section except where the context clearly indicates a different
meaning.
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: 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.
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 agricultural zoning districts.
D. Permit Application: Application for a WECS permit shall be accompanied by drawings that
show the following:
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. 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 shall not exceed two hundred fifty feet (250').
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.
7. The visual appearance of WECS shall at a minimum:
a. Be a nonobtrusive color such as white, off white or gray; and
b. Not display advertising (including flags, streamers or decorative items), except for
identification of the turbine manufacturer, facility owner and operator.
G. Setbacks:
1. Setbacks: The base of the tower of any WECS shall be set back from any property
line a minimum of one thousand feet (1,000').
2. Easements: No part of a WECS shall be located within or over drainage, utility or other
established easements.
3. Vehicular Areas: Efforts should be made when siting a WECS and any related
equipment to avoid locations that may be vulnerable to vehicular accidents.
4. Wind Turbines: A wind turbine must not be within one thousand three hundred twenty
feet (1,320') from any conservation easements or public parks.
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.
4. It shall be a public nuisance if any of the following conditions exist:
a. A WECS is not maintained in operational condition and poses a potential safety
hazard; or
b. A WECS is not maintained and operated in compliance with applicable zoning
provisions and state and federal laws; or
c. 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.
5. The City has the right to abate a public nuisance under the procedures set forth in City
Code Section 4-1-6.
Other Regulations:
1. Mississippi River Corridor Critical Area Overlay District: No WECS shall be located
within the Mississippi River corridor critical area overlay district.
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. 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).
4. 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.
5. 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
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(FAA) requirements; and Minnesota pollution control agency (MPCA)/environmental protection
agency (EPA) regulations (hazardous waste, construction, stormwater, etc.).
11-4-12: SATELLITE RECEIVE -ONLY ANTENNAS (SROA):
A. Satellite receive -only antennas (SROA) shall be permitted in all districts, provided they are
roof -mounted and subject to the standards of this Section.
B. 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 Building
Code. The maximum diameter of a SROA shall be no more than thirty-six inches (36").
1. For commercial and industrial districts, roof -mounted SROA's shall be screened in
accordance with City Code Section 11-3-9.
C. Advertising shall not be placed on satellite antennas
11-4-13: 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 Chapter shall have
the meaning ascribed to them in this Section except where the context clearly indicates a different
meaning.
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 Section 216B.1641.
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.
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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, 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.
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. Solar energy systems in accordance with the standards in this
Section are allowed as a permitted accessory use in all zoning districts.
1. Wall Mounted Solar Energy Systems: Wall mounted solar energy systems must be
flush with the wall and are prohibited facing a public street.
2. 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 or as required by Building
Code.
d. Exterior piping for solar hot water systems is prohibited to extend beyond the
perimeter of the building.
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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 shall use colors that blend with the color of
the roof.
g. Reflection angles from collector surfaces shall be oriented away from
neighboring windows. Where necessary, screening may be required to address
glare.
3. 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.
4. 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 as determined by City Staff.
3. Building Permit Required: All solar energy systems require a building permit. A building
permit application and plan submittal must comply with the following requirements:
4. 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:
a. A building permit application.
b. A site plan of existing and proposed site conditions.
c. Description and depiction of solar energy system.
d. Number of solar collectors to be installed.
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e. Location and spacing of solar collectors and mounting devices.
f. 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.
g. 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.
Planned location of underground or overhead electric lines connecting the solar
energy system to the substation or distribution line.
New electrical equipment other than at the existing building or substation that is
the connection point for the solar energy system.
Manufacturer's specifications and recommended installation methods for all major
equipment, including solar collectors, mounting systems and foundations for poles
or racks. The City reserves the right to deny a building permit for proposed solar
energy systems deemed to have inadequate certification.
k. Existing and proposed (if existing grade will be altered) topography at two foot (2')
contours.
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 as deemed necessary by City Staff.
5. 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.
6. 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.
E. Community Solar Gardens and Solar Farms: Community solar gardens and solar farms
are permitted with an interim 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
in Resolution 985 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 and buffering of the ground -mounted solar energy systems
will be required as part of the conditions of approval. 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.
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 or as required by Building Code.
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.
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
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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.
11-4-14: ANTENNAS AND TOWERS:
A. Purpose. In order to accommodate the communication needs of residents and business
while protecting the public health, safety and general welfare of the community, the Council finds
that these regulations are necessary in order to:
1. Facilitate the provision of wireless telecommunication services to the residents and
businesses of the City;
2. Minimize adverse visual effects of towers through careful design and siting standards;
3. Avoid potential damage to adjacent properties from tower failure through structural
standards and setback requirements; and
4. Maximize the use of existing and approved towers and buildings to accommodate new
wireless telecommunication antennas in order to reduce the number of towers needed to serve
the community.
B. Area specific requirements for towers and antennas.
1. Towers outside the right-of-way in residential zoning districts. Towers shall be allowed
only in the following residentially zoned areas:
a. Towers supporting amateur radio antennas and conforming to all applicable
provisions of this code shall be allowed only in the rear yard of residentially zoned
parcels.
b. Antennas conforming to all applicable provisions of this code shall be allowed via
conditional administrative use permits in the following locations:
(1) Water towers
(2) On existing telecommunication monopoles or towers
(3) Roofs of buildings over three (3) stories
(4) Sides of buildings over two (2) stories
(5) Existing lighting and utility structures within commercially zoned private
property
(6) Bell tower, steeple or similar structure as long as the antenna support structure
is fully camouflaged
(7) Antennas mounted on existing public utility owned lighting structures less than
thirty feet (30') above grade and located in and/or adjacent to residentially
zoned property and/or rights -of -way
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2. New towers and monopoles conforming to all applicable provisions of this code shall
be allowed as a Conditional Use at the following locations:
a. Properties over twenty (20) acres in size and located outside of the MUSA.
b. Agriculturally and industrial zoned parcels over twenty (20) acres inside of the
M USA.
c. Public parks and open spaces above ten (10) acres in size.
d. Government, and public utility structures.
e. Antennas mounted to public utility owned lighting structures and/or towers in
excess of thirty feet (30) in height above grade and located in and/or adjacent to
residentially zoned property and/or rights -of -way.
C. Co -location of personal wireless communication service equipment requirements: All
commercial wireless telecommunication towers erected, constructed or located within the City
shall comply with the following requirements.
1. A proposal for a new commercial wireless telecommunication service tower shall not
be approved unless the approving body finds that the telecommunications equipment planned for
the proposed tower cannot be accommodated on an existing or approved tower or building within
a one -mile search radius of the proposed tower due to one or more of the following reasons:
a. The planned equipment would exceed the structural capacity of the existing or
approved tower or building, as documented by a qualified and licensed
professional engineer, and the existing or approved tower cannot be reinforced,
modified or replaced to accommodate planned or equivalent equipment at a
reasonable cost;
b. The planned equipment would cause interference materially impacting the usability
of other existing or planned equipment at the tower or building as documented by
a qualified and licensed professional engineer and the interference cannot be
prevented at a reasonable cost;
c. Existing or approved towers and buildings within the search radius cannot
accommodate the planned equipment at a height necessary to function reasonably
as documented by a qualified and licensed professional engineer; and/or Other
unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or building.
2. Any proposed commercial wireless telecommunication service tower shall be
designed, structurally, electrically, and in all respects, to accommodate both the
applicant's antennas and comparable antennas for at least two (2) additional users if the tower is
one hundred twenty feet (120) in height or for at least one (1) additional user if the tower is
seventy-five feet (75') in height. Towers must be designed to allow for future rearrangement
of antennas upon the tower and to accept antennas mounted at varying heights.
D. Tower setbacks.
1. Towers shall be setback the height of the structure plus twenty-five feet (25) from the
nearest building or property line.
2. A tower's setback may be reduced or its location in relation to a public street varied,
at the sole discretion of the approving body, to allow the integration of a tower into an existing or
proposed structure such as a church steeple, light standard, power line support device or similar
structure.
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E. Tower height.
1. Towers located outside of the MUSA may have a maximum height of one hundred
twenty feet (120').
2. Towers inside the MUSA the maximum height is seventy-five feet (75').
F. Application and submittal requirements.
1. Submittal of a complete site and building plan review application, accompanied by a
registered land survey, complete site plan, schematic drawings, photographic perspectives, and
signed by a registered architect, civil engineer or other appropriate design professional.
2. A scaled drawing showing the size, location, construction materials, landscaping and
screening plan.
3. A report prepared by a qualified and licensed professional engineer indicating the
existing structure is suitable to accept the antenna, and the proposed method of affixing the
antenna to the structure.
4. Submittal of an analysis prepared by a radio or electrical engineer demonstrating that
the proposed location of the antennas is necessary to meet the coverage and capacity needs of
the applicant's system.
5. Documents stating what steps the applicant will take to avoid interference with
established public safety telecommunications.
6. Submittal of any necessary easements and easement exhibits, which have been
prepared by an attorney knowledgeable in the area of real estate and which are subject to the
City Attorney's approval.
7. Any application for a new tower and/or monopole shall not be approved unless it can
be documented by the applicant that the proposed equipment cannot be accommodated on an
existing or approved tower or commercial building within one -half -mile radius, transcending
municipal borders, of the proposed tower due to one or more of the following reasons:
a. The planned equipment would exceed the structural capacity of the existing or
approved tower or commercial building.
b. The planned equipment would cause interference with other existing or planned
equipment at the tower or building.
c. Existing or approved towers and commercial buildings within one -half -mile radius
cannot accommodate the planned equipment at a height necessary to reasonably
function.
G. Tower and antenna design requirements. Proposed or modified towers and antennas shall
meet the following design requirements.
1. Towers and antennas shall be designed to blend into the surrounding environment
through the use of color and camouflaging architectural treatment, except in instances where the
color is dictated by federal or state authorities such as the Federal Aviation Administration. The
use of color or design features to attract attention to the tower is prohibited.
2. Commercial wireless telecommunication service towers shall be of a monopole design
unless the approving body determines that an alternative design would better blend into the
surrounding environment.
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3. Antennas, towers, monopoles located in rights -of -way are exempt from this Section,
except otherwise specifically provided by this chapter.
4. No part of any antenna, tower or monopole shall be constructed, located, or
maintained at any time, permanently or temporarily, in or upon any required tower and monopole
setback area.
5. Antennas, towers and monopoles located outside the right-of-way shall not be erected
in any zoning district in violation of the following restrictions: Towers and monopoles shall be
constructed of, or treated with, corrosive -resistant material.
6. Tower and monopole locations should provide the maximum amount of screening
possible for off -site views of the facility.
7. Existing on -site vegetation shall be preserved to the maximum extent practical.
8. The installation location shall be designed to be compatible with the underlying site
plan.
9. The tower and/or monopoles shall be a light blue, gray or other color that is
demonstrated to minimize visibility. Antennas mounted to tower and/or monopole shall be painted
to match. No advertising or identification visible off -site shall be placed on the tower or antennas.
10. Antennas or similar apparatuses mounted upon the tower shall be subject to state and
federal regulations pertaining to non -ionizing radiation and other health hazards related to such
facilities. If new, more restrictive standards are adopted, the antennas shall be made to comply
or continued operations may be restricted by the City Council. The cost of verification of
compliance shall be borne by the owner and operator of said equipment.
11. To prevent unauthorized entry, towers and monopole shall have secure accesses.
12. Antennas located on the roof of an existing structure shall not extend more than fifteen
feet (15') above the principal structure to which they are mounted. All roof mounted antennas and
associated equipment shall be hidden from view utilizing materials found on the building.
13. Any fagade mounted antennas shall use designs and mounts that minimize visual
impact. Antennas and mounts shall be painted to match the existing structure. All wires and
associated equipment shall be hidden from view.
14. Antennas mounted on light poles and/or utility structures are subject to the following
additional standards:
a. Equipment shall not extend more than three feet (3) above the top of the light pole
or utility structure.
b. Any replacement light pole or utility structure shall not exceed the height of the
existing structure, including antennas or associated equipment, and shall not
exceed the diameter of the existing pole or structure by more than fifty percent
(50%).
c. Any replacement light pole or utility structures shall match the existing and
surrounding structures in materials and color.
d. Equipment shall use designs and mounts that minimize visual impact.
e. All equipment shall be aesthetically compatible with the structure upon which the
proposed antenna is to be mounted and with the surrounding use.
f. Any equipment associated with the antennas and towers located at grade in or
adjacent to the residentially zoned rights -of -way is prohibited.
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H. At grade accessory structures and equipment associated with antennas, towers and
monopoles shall comply with the following standards:
1. At grade accessory structures and equipment shall be placed below grade unless not
technically feasible;
2. Accessory structures and equipment shall be designed to be architecturally compatible
with principal structures on the site;
3. At grade accessory structures and equipment shall be screened by landscaping or
other screening compatible with the surrounding environment if deemed necessary by the
Community Development Director or designee.
I. Lights and other attachments. No antenna or tower shall have affixed or attached to it in
any way except during time of repair or installation, any lights, reflectors, flashers, daytime strobes
or steady nighttime red lights or other illuminating devices, except as required by the Federal
Aviation Agency or the Federal Communications Commission or the City, nor shall any tower
have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or
like structure, except during periods of construction or repair.
J. Removal of abandoned or damaged antennas, towers and monopoles. Any antenna,
tower, and/or monopole which is not used for six months shall be deemed abandoned and shall
be removed unless a time extension is approved by the Community Development Director. In the
event that a tower is not removed within six (6) months of cessation of operations at a site, the
tower and associated facilities may be removed by the City and the costs of removal assessed
against the property.
11-4-15: FARMING OPERATIONS IN RESIDENTIAL DISTRICTS:
Agriculture is a permitted use in all residential districts, subject to the following:
A. Farm Animals:
1. Parcels less than forty (40) but more than five (5) acres: The keeping of any farm
animal on parcels of less than forty (40) but more than five (5) acres in size shall be permitted,
subject to the following conditions:
a. The property must contain at least one and a half (1 '/2) acres of land per animal
unit as defined by Minnesota Rules 7020.0300.
b. All buildings intended to house animals shall be set back at least sixty feet (60)
from all property lines and at least three hundred feet (300) from a dwelling other
than the dwelling on the property in question.
c. All pens, yards or other confinement areas, excluding pastures, where animals are
kept shall be set back at least sixty feet (60) from all property lines.
d. The Minnesota pollution control agency does not require that a feedlot permit be
issued.
2. Parcels larger than forty (40) acres: The keeping of farm animals on parcels larger
than forty (40) acres in size is permitted, subject to the following conditions:
a. All buildings intended to house animals shall be set back at least sixty feet (60)
from all property lines and at least three hundred feet (300) from a dwelling other
than the dwelling on the property in question.
FA
b. All pens, yards or other confinement areas, excluding pastures, where animals are
kept shall be set back at least sixty feet (60') from all property lines.
c. The Minnesota Pollution Control Agency does not require that a feedlot permit be
issued.
11-4-16: OUTDOOR SEATING OR DINING:
All outdoor seating or dining shall comply with the following:
A. The seating area shall not be located within a required setback.
B. The seating area shall not interfere with circulation in any required parking, loading,
maneuvering or pedestrian area.
C. The seating area shall be located in a controlled or cordoned area acceptable to the City
with at least one opening to an acceptable pedestrian walk.
D. The seating area shall not be permitted within one hundred fifty feet (150') of any
residential use or district as measured at the property line and shall be separated from residential
use or district by the principal structure or other method of screening acceptable to the City. The
minimum distance from a residential use or district may be reduced should the City determine the
applicant has added sufficient elements to reduce the impact of this use.
E. No public address system or external music, live or recorded shall be audible from a
nonbusiness or nonindustrial use or district.
F. The seating area shall have an improved and maintained surface.
G. The seating shall be located so as not to compromise safety. Seating shall not obstruct
the entrance or any required exits or be located on landscaping or parking areas. If located on
private sidewalks or walkways, it shall be located so as to leave a minimum of a 4-foot-wide
passage for pedestrians. Applicable building and fire codes for ingress and egress shall be met.
H. Additional parking for thirty (30) outdoor seats or less is not required. Any additional
seating over thirty (30) seats shall provide required parking based on one (1) space per four (4)
seats.
I. The outdoor seating area shall be subordinate to the principal use and shall not exceed
thirty percent (30%) of the square footage of the principal use building space. An outdoor seating
area exceeding thirty percent (30%) requires a conditional use permit.
J. The outdoor seating area shall be defined with the use of landscaping and/or permanent
attractive fencing.
11-4-17: TEMPORARY ACCESSORY OUTDOOR SALES:
Outside merchandise display and storage or equipment may be displayed and offered for sale,
rental or lease outside the building providing that:
A. The merchandise or equipment are adjacent to and project no farther than five feet (5')
from the primary building.
B. Where sidewalks are present, a minimum access width of four feet (4') must be provided.
C. Outside display area is limited to a maximum of one hundred fifty (150) square feet of area
and shall not extend beyond the building frontage.
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D. Outside display to be maintained in an orderly and attractive manner that does not detract
from the image of the community or adjacent businesses.
E. Outside display should be a general representation of the products sold or rented on site,
not a storage area for inventory on pallets.
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CHAPTER 5
ADEQUATE PUBLIC FACILITIES
SECTION:
11-5-1: Purpose; Facts
11-5-2: Application of Provisions
11-5-3: Administration
11-5-4: Minimum Needs Assessment
11-5-5: Standards for Determination of Adequate Public Facilities
11-5-6: Priority List
11-5-7: Annual Development Report
11-5-8: Provisions are Supplemental
11-5-1: PURPOSE; FACTS:
A. The purpose of this Chapter is to stage the zoning, subdivision and development of land
within the City's residential, commercial and industrial areas so that sewer and transportation
capacity demands caused by new development are consistent with the Comprehensive Plan, do
not have substantial impacts on metropolitan, County and City sewer and transportation facilities
and plans, and the adequate facility and infrastructure capacity is available concurrently with
demands generated by new development. In particular, this Chapter is intended to control the
generation of peak period traffic on Highway 61/10 and the use of the Cottage Grove sewage
treatment plant by imposing staged limits on the use of existing, planned and programmed
capacity.
B. The Cottage Grove wastewater treatment plant operated by the Metropolitan Council
Environmental Services Division provides service to only Cottage Grove. The plant has a capacity
to treat 2.54 million gallons per day. The plant is not projected to have an expansion for additional
capacity prior to 2003.
C. The City has three hundred three (303) acres of residential, fifty-six (56) acres of
commercial and five hundred thirty (530) acres of industrial land within the Metropolitan Urban
Service Area (MUSA) which is not developed. Based on a market study, the industrial land is
projected to develop at an average rate of three percent (3%) per year. Based on the development
history of residential land use, the City does not have adequate land within the MUSA to
accommodate additional residential growth.
D. In order to accommodate development of land within the MUSA and obtain a reasonable
amount of additional residential land, to be added to the MUSA without exceeding the current
capacity of the plant, the City is enacting an ordinance to allow development, but only if there is
adequate sewer plant capacity to serve new development.
11-5-2: APPLICATION OF PROVISIONS:
The provisions of this Chapter shall apply to land that is within the MUSA that has not received
approval for development before February 21, 1996. Any development approved after February
21, 1996, must comply with the terms of this Chapter.
11-5-3: ADMINISTRATION:
A. All applications, maps and documents relative to a new development shall be submitted
to the Community Development Director. All new developments shall be reviewed and processed
in accordance with applicable procedures established elsewhere in this Code.
B. The Planning Commission and Council may not approve a new development unless: 1)
the public facilities to serve the new development exist or, in the case of transportation facilities,
are planned for construction, or 2) the developer has executed an agreement to construct the
necessary improvements to enable compliance with this Chapter. Nothing in this Chapter shall
prevent the City from approving a portion of a new development if the approved portion complies
with the provisions of this Chapter.
11-5-4: MINIMUM NEEDS ASSESSMENT:
A. Transportation Impact Analysis:
1. A traffic impact analysis shall be prepared and submitted to City Staff for each new
development. An environmental assessment worksheet may, if it contains the following, be
substituted for a traffic impact analysis. A traffic impact analysis must contain the following
information:
a. Introduction and description of existing conditions and identification of the traffic
study area. This should include maps of the existing roads and highways including
intersections that will be impacted by vehicular traffic generated by the new
development.
b. Analysis of existing traffic conditions within the traffic study area.
c. Analysis of future traffic conditions within the study area without the proposed
development. Use various measures as appropriate (intersection capacity
analysis; level of service; volume/capacity ratio).
d. Description of proposed site traffic characteristics within the traffic study area
which shall include the number of A.M. and P.M. peak period trips that will be
generated by the new development.
e. An analysis of future traffic conditions with proposed development within the traffic
study area. This includes an assignment of the new trips to the roadway network
(trips added to TH 61/10 must be shown).
2. A determination of the level of service resulting from the additional trips must be made.
If the level of service causes the future traffic conditions outside of the proposed development to
fall below a grade "D" within the traffic impact analysis, the improvements needed to mitigate the
additional traffic must be described and proposed. These improvements may include both
capacity improvements (e.g., signalization, turn lanes, new roads) and traffic demand
management strategies (e.g., park and ride, flexible work hours, telecommuting). How the
improvements will be phased along with the staging of development and a schedule and
commitment to both capital improvements and TDM strategies must be shown.
3. A development that is projected to generate peak period trips (PPT) exceeding the
"baseline peak period trip contribution (BPPTC)", may not be approved without implementation of
traffic mitigation measures that reduce the PPT to or below the BPPTC.
B. Sewer Impact Analysis: A sewer impact analysis shall be prepared and submitted to the
Community Development Director for each new development. A sewer impact analysis shall
contain information necessary to determine whether existing public facilities which will be utilized
by the new development will be adequate to serve the demand generated by the new
development. An environmental assessment worksheet may, if it contains the following, be
substituted for a sewer impact analysis. A sewer impact analysis shall contain the following:
Analysis of the amount (average daily) of sewage flow to be generated from the new development
within the study area and a breakdown by proposed use.
11-5-5: STANDARDS FOR DETERMINATION OF ADEQUATE PUBLIC FACILITIES:
A. Roads:
1. It shall be determined that there are adequate public facilities to serve a new
development if, after taking into account traffic generated by all existing and approved new
development which will utilize the impacted roads, one of the following conditions will be satisfied:
a. Existing City, County, State or regional roads and intersections which will be
impacted will be adequate to accommodate the traffic that will be generated by the
new development; or
b. Any road or intersection construction necessary to accommodate the additional
traffic above BPPTC from the new development is planned for construction; or
c. The new development will not cause the vehicular trip generation from the City to
exceed the baseline peak period trip contribution; or
d. That with offsetting improvements, or the implementation of transportation demand
management strategies, the new development will not cause the vehicular trip
generation from the City to exceed the baseline peak period trip contribution.
2. In determining compliance with the above factors, the following shall be considered,
and related requirements may be imposed:
a. Whether the developer agrees to construct necessary roads and road and
intersection improvements, implement a traffic management plan or undertake
other traffic mitigation measures that offset impacts from the new development.
b. The availability and likely use of existing or programmed public bus, rail, or other
forms of mass transportation to serve the new development.
c. Other plans, programs or measures that would offset impacts from the new
development.
B. Sewers:
1. Generally: It shall be determined that there are adequate public facilities to serve a
new development if, after taking into account sewerage generated by all existing and approved
new development which will impact the sewage treatment plant, the following conditions will be
satisfied:
a. The expected annual average and maximum daily loadings from the new
development, together with existing flows and flows from other approved
development, will not exceed the maximum allocated sewer capacity.
b. The provisions of this subsection may not be amended without approval of the
Metropolitan Council.
2. Sewers in Industrial Park MUSA: High -capacity sanitary sewer discharge users shall
be limited to fifty (50) acres within the industrial park MUSA. The fifty (50) acres may "float" within
in the industrial park MUSA and are not assigned to a particular fifty (50) acres. Once fifty (50)
acres of land within the industrial park MUSA has developed with high -capacity sewer discharge
users, any land remaining undeveloped within the industrial park MUSA must develop only with
low capacity sanitary sewer discharge users.
11-5-6: PRIORITY LIST:
The City shall create and maintain a priority list which shall be a waiting list arranged by date of
completion of the review for approved new developments which are prevented from developing
due to the lack of adequate public facility capacity. Removal from priority list shall occur and
construction of the new development may commence when condition(s) preventing construction
of the new development have been satisfied, including the execution of necessary public facility
improvement agreements.
11-5-7: ANNUAL DEVELOPMENT REPORT:
A. The Community Development Department shall prepare an annual development report
describing new development and facility capacity for submission to the Planning Commission,
City Council and Metropolitan Council by January 31 for each previous year. The annual
development report shall describe the development which has occurred in the preceding year
The report shall include, but not be limited to, the following information:
area.
1. Number of building permits approved for new residential dwelling units by type.
2. Number of building permits approved for nonresidential uses by type and total floor
3. Estimated increase in population, household and employment.
4. Presentation of the same information for the previous five (5) years.
B. The annual report shall include an analysis of the current and future utilization and
capacity of specific public facilities and services. For sewers, the report shall include the following:
1. Average sewage generation (in gallons per day and RECs) for each type of dwelling
unit and commercial/industrial use;
2. Inventory/tabulation of existing flows, including all allocations to the system and total
system capacity;
3. Sewage generation projection for the system including the basis for their computation;
and
4. A list of capital projects contained in the capital improvements program for the
expansion of sewage facilities and the construction of improvements to reduce sewage flow
including project status.
C. The report shall contain the following information with regard to transportation:
1. Peak period trip generation on Highway 61/10 attributable to new development during
the past year;
2. A list of the existing average daily traffic (ADT) and level of service on major roadways
within and which service the City; and
3. A list of capital improvement projects contained in the City's capital improvements
program for expanded transportation services and capital improvement projects contained in the
4
County and State transportation improvement programs which will facilitate transportation in the
City.
D. The City shall submit the annual development report to the Metropolitan Council and shall
meet with the Metropolitan Council staff to review and, as appropriate, supplement and/or modify
the information contained in the report within one month following submission.
E. Based on development, capacity improvements planned for construction, and traffic
demand strategies, the Metropolitan Council will evaluate the base peak period trips on an annual
basis. After completing the evaluation, the Metropolitan Council will determine if any revision to
the BPPTC figures should be made.
11-5-8: PROVISIONS ARE SUPPLEMENTAL:
The provisions of this Chapter are supplementary to other laws, rules, regulations and ordinances
applicable to development within the City. Compliance with the provisions in this Chapter shall
not release an applicant from complying with the requirements of other Federal, State, County
and City laws, rules, regulations and ordinances applicable to the zoning, subdivision,
development and use of land within the City.
CHAPTER 6
AGRICULTURAL DISTRICTS
SECTION:
11-6-1: Purpose
11-6-2: Permitted Uses
11-6-3: Accessory Uses
11-6-4: Conditional Uses
11-6-5: Interim Uses
11-6-6: Administrative Conditional Uses
11-6-7: Purpose
11-6-8: Permitted Uses
11-6-9: Permitted Accessory Uses
11-6-10: Conditional Uses
11-6-11: Interim Uses
11-6-12: Administrative Conditional Uses
11-6-1: PURPOSE:
This District is intended to preserve areas of high -quality soils or highly productive agricultural
capability to maintain and enhance the use of the land for long-term or permanent agricultural use
and preserve the rural character of outlying areas of the City and agriculturally related uses in
areas of the City not served by public sewer.
11-6-2: PERMITTED USES:
A. The following are permitted uses in the AG-1 District:
1. Commercial agriculture and horticulture.
2. Commercial greenhouses.
3. Farm buildings and pole barns.
4. Farm drainage and irrigation systems.
5. Forestry.
6. Small wireless facilities located in the public right of way.
7. One single-family detached dwelling per each forty (40) acres. Any parcel of land that
has 37.5 acres or more, after deducting road right of way, complies with the forty (40) acre
requirement.
B. Minimum lot area: Forty (40) acres provided that a parcel of more than five (5) acres and
less than ten (10) acres may be created as a minor subdivision as long as the following criteria is
met:
1
1. The initial parcel is forty (40) acres or more in size and must be a parcel of record as
of the date of this Chapter.
2. Only one (1) minor subdivision from the initial parcel is allowed until the property
receives full public utilities.
3. Two hundred feet (200') of street frontage is required for each parcel.
4. Lots created solely for municipal utility facilities shall not be subject to minimum lot
width, depth and area requirements.
5. Both lots must comply with the minimum setback requirements.
C. Setback requirements:
Front yard
100 feet
Side yard
25 feet
Rear yard
50 feet
D. Location of Driveways: The lot shall be located in such a manner that no driveways may
be located within three hundred feet (300') of an intersection of a minor arterial with another road
or within one hundred and fifty feet (150') of an intersection of two (2) collector streets.
11-6-3: ACCESSORY USES:
Uses and structures which are customarily accessory and clearly subordinate to permitted uses
and structures shall be permitted, including:
3-5.
A. Accessory structures incidental to residential uses as regulated in City Code Section 11-
B. Home occupations as regulated in City Code Section 11-4-3.
C. Private swimming pools, intended for and used solely by the occupants of the property on
which it is located and their guests.
D. Signs as regulated by the City.
E. Structures incidental to farm operations such as garages, barns, storage buildings, poultry
barns, etc. on lots greater than ten (10) acres.
F. Produce stands selling only items produced on the property.
G. In home daycare facility licensed under Minnesota Rules, Parts 9502.0315 to 9502.0445,
serving fourteen (14) or fewer children.
11-6-4: CONDITIONAL USES:
No structure or land shall be used for the following uses except by conditional use permit:
A. Structures incidental to farm operations such as garages, barns, storage buildings, poultry
barns, etc. on lots less than ten (10) acres.
2
B. Commercial horse stables, dog kennels, boarding stables and similar uses, which shall
not be located within three hundred feet (300') of a dwelling other than the dwelling on the property
in question.
11-6-5: INTERIM USES:
The following are interim uses allowed in the A-1 District and require an interim use permit based
upon procedures set forth in and regulated in City Code Section 11-2-9. Additional specific
standards and criteria may be cited below for respective uses.
A. Farmers Market
11-6-6: ADMINISTRATIVE CONDITIONAL USES:
Subject to application provisions of this Chapter, performance and processing standards
established by this Title, the following are uses allowed in the AG-1 District by administrative
conditional use permit and may be issued by the Zoning Administrator.
A. Communication / Cellular antennas as regulated by City Code Section 11-4-14.
B. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping stations or
reservoirs.
11-6-7: PURPOSE:
This District represents those areas which are suitable for agricultural uses, but because of their
proximity to public sewer and water, they may be appropriate for development in the future. These
areas are not considered to be land suited to long-term agricultural use. It is the purpose of this
District to preserve these lands in agricultural uses until such time as streets, sewers, water supply
and other community facilities and services are provided or scheduled, so as to ensure orderly
and beneficial conversion of such lands to nonagricultural use, and to prevent their premature
conversion.
11-6-8: PERMITTED USES:
A. The following are permitted uses in the AG-2 District:
1. Commercial agriculture and horticulture.
2. Commercial greenhouses.
3. Farm buildings and pole barns.
4. Farm drainage and irrigation systems.
5. Forestry.
6. Small wireless facilities located in the public right of way.
7. One (1) single-family detached dwelling per each ten (10) acres.
B. Minimum lot area: ten (10) acres provided that a parcel of more than three (3) acres and
less than five (5) acres may be created as a minor subdivision as long as the following criteria is
met:
1. The initial parcel is ten (10) acres or more in size and must be a parcel of record as of
the date of this Chapter.
2. Only one (1) minor subdivision from the initial parcel is allowed until the property
receives full public utilities.
3. One hundred and eighty feet (180') of street frontage is required for each parcel.
4. Lots created solely for municipal utility facilities shall not be subject to minimum lot
width, depth and area requirements.
5. Both lots must comply with the minimum setback requirements.
C. Setback requirements:
Front yard
100 feet
Side yard
25 feet
Rear yard
50 feet
D. Location of Driveways: The lot shall be located in such a manner that no driveways may
be located within three hundred feet (300') of an intersection of a minor arterial with another road
or within one hundred and fifty feet (150') of an intersection of tow (2) collector streets.
11-6-9: PERMITTED ACCESSORY USES:
Uses and structures which are customarily accessory and clearly subordinate to permitted uses
and structures shall be permitted, including:
3-5.
A. Accessory structures incidental to residential uses as regulated in City Code Section 11-
B. Home occupations as regulated in City Code Section 11-4-3.
C. Private swimming pools, intended for and used solely by the occupants of the property on
which it is located and their guests.
D. Signs as regulated by the City Code.
E. Structures incidental to farm operations such as garages, barns, storage buildings, poultry
barns, etc. on lots greater than five (5) acres.
F. Produce stands selling only items produced on the property.
G. In home daycare facility licensed under Minnesota Rules, Parts 9502.0315 to 9502.0445,
serving fourteen (14) or fewer children.
11-6-10: CONDITIONAL USES:
No structure or land shall be used for the following uses except by conditional use permit:
A. Structures incidental to farm operations such as garages, barns, storage buildings, poultry
barns, etc. on lots less than five (5) acres.
B. Commercial horse stables, dog kennels, boarding stables and similar uses, which shall
not be located within three hundred feet (300') of a dwelling other than the dwelling on the property
in question.
2
11-6-11: INTERIM USES:
The following are interim uses allowed in the A-1 District and require an interim use permit based
upon procedures set forth in and regulated by City Code Section 11-2-9. Additional specific
standards and criteria may be cited below for respective uses.
A. Farmers Market.
11-6-12: ADMINISTRATIVE CONDITIONAL USES:
Subject to application provisions of this Chapter, performance and processing standards
established by this Title, the following are uses allowed in the AG-1 District by administrative
conditional use permit as may be issued by the Zoning Administrator.
A. Communication / Cellular antennas as regulated in City Code Section 11-4-14.
B. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping stations or
reservoirs.
CHAPTER 7
RESIDENTIAL DISTRICTS
SECTION:
11-7-1: R-1 Rural Residential Zoning District
11-7-2: R-2 Residential Estate Zoning District
11-7-3: R-3 Single -Family Zoning District
11-7-4: R-4 Transitional Residential Zoning District
11-7-5: R-5 Medium Density Residential Zoning District
11-7-6: R-6 High Density Residential Zoning District
11-7-1: R-1 RURAL RESIDENTIAL ZONING DISTRICT:
A. Purpose: The R-1 rural residential district represents those areas without public utilities
that are suitable for residential development. These areas are designated as rural residential in
the City's comprehensive plan. It is the intent that low densities be maintained in order to permit
efficient re -subdivision of lots to urban densities at such future time that public utilities become
available.
B. Permitted Uses: The following are permitted uses in the R-1 District:
1. One (1) single-family detached dwelling.
2. Agriculture and agricultural related buildings.
3. Structures and essential services for local, county, state, or federal government or
public utility purposes, except those requiring administrative permits or Conditional Use Permits.
4. Public parks, trails, scientific areas, playgrounds, and directly related buildings and
structures.
5. Small wireless facilities located in the public right-of-way.
6. A state licensed residential facility serving six (6) or fewer persons, a licensed day care
facility serving twelve (12) or fewer persons, and a group family day care facility licensed under
Minnesota Rules, Parts 9502.3015 to 9502.0445 to serve fourteen (14) or fewer children, except
a residential facility whose primary purpose is to treatjuveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation
of criminal statutes relating to sex offenses shall not be permitted pursuant to Minnesota Statutes
Section 462.357, subdivision 7.
C. Permitted Accessory Uses: The following are permitted accessory uses in the R-1 District:
1. Accessory buildings and structures as regulated by City Code Section 11-3-5.
2. Accessory uses incidental and customary to the uses listed as permitted, conditional,
interim, and uses by administrative permit in this Section.
3. Accessory apartments.
4. Home occupations as regulated by City Code Section 11-4-3.
1
5. Keeping of animals as regulated by City Code Section 11-4-15 and Title 5, Chapter 4.
6. Signs as regulated by City Code.
7. Produce Stand.
D. Conditional Uses: The following are conditional uses allowed in the R-1 District and require
a Conditional Use Permit based upon procedures set forth in and regulated in City Code Section
11-2-8. Additional specific standards and criteria may be cited below for respective conditional
uses. No structure or land shall be used for one or more of the following uses except by
Conditional Use Permit:
1. Accessory buildings and structures requiring a Conditional Use Permit as provided in
City Code Section 11-3-5.
2. Telecommunication tower, as regulated by City Code Section 11-4-14.
3. Places of worship and religious institutions.
4. Cemeteries and/or memorial gardens.
5. Licensed home -based daycare facilities serving up to sixteen (16) persons.
6. Licensed group daycare/nursery school in a religious institution, community center, or
academic institution.
7. Educational facilities including but not limited to, public and private elementary, middle,
junior high, and senior high schools, provided that no building shall be located within fifty feet (50')
of any lot line abutting an R district.
8. Commercial greenhouses, provided, that all outside storage is fenced in such a
manner so as to screen the stored material from view when observed from the public street or an
adjoining lot.
9. Commercial horse stables, dog kennels, dog training facilities, boarding stables and
similar uses, on parcels of ten (10) acres or more and which shall not be located within three
hundred feet (300') of a dwelling other than the dwelling on the property in question.
10. Home occupations as regulated by City Code Section 11-4-3.
11. Limited commercial ventures conducted at historic properties as regulated in City
Code Section 2-2-6.
12. Tax exempt clubs and lodges.
13. Golf course.
E. Interim Uses: The following are interim uses allowed in the R-1 District and require an
interim use permit based upon procedures set forth in and regulated by City Code Section 11-2-
9. Additional specific standards and criteria may be cited below for respective uses.
1. Farmers Market.
F. Administrative Conditional Uses: Subject to application provisions of this Chapter,
performance and processing standards established by this Title, the following are uses allowed
in the R-1 District by conditional administrative permit as may be issued by the Zoning
Administrator.
1. Accessory buildings and structures requiring a conditional administrative permit as
provided in City Code Section 11-3-5.
2. Communication / Cellular antenna as regulated by City Code Section 11-4-14.
3. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping stations or
reservoirs.
4. Essential services and structures, provided that no building shall be located within fifty
feet (50') of any lot line abutting an R district.
G. Development Standards: The following minimum requirements shall be observed, subject
to the additional requirements, exceptions and modifications set forth in this Title:
Lot area
3 acres
Lot width
180 feet
Front yard
30 feet
Rear yard
50 feet
Side yard
25 feet
Side yard, attached garage
20 feet
Maximum structure height
35 feet
Maximum impervious lot coverage
25 percent
11-7-2: R-2 RESIDENTIAL ESTATE ZONING DISTRICT:
A. Purpose: The R-2 residential estate district is intended to represent areas well suited to
high value housing of very low densities. These areas will provide a permanent, semirural lifestyle
on land for which this is considered the highest and best use. This area may be served by public
utilities in the future.
B. Permitted Uses: The following are permitted uses in the R-2 District:
1. One (1) single-family detached dwelling.
2. Agriculture and agricultural related buildings on lots greater than five (5) acres.
3. Structures and essential services for local, county, state, or federal government or
public utility purposes, except those requiring administrative permits or Conditional Use Permits.
4. Public Parks, trails, scientific areas, playgrounds, and directly related buildings and
structures.
5. Small wireless facilities located in the public right-of-way.
6. A state licensed residential facility serving six (6) or fewer persons, a licensed day care
facility serving twelve (12) or fewer persons, and a group family day care facility licensed under
Minnesota Rules, Parts 9502.3015 to 9502.0445 to serve fourteen (14) or fewer children, except
a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation
of criminal statutes relating to sex offenses shall not be permitted pursuant to Minnesota Statutes
Section 462.357, subdivision 7.
C. Permitted Accessory Uses: The following are permitted accessory uses in the R-2 District:
1. Accessory buildings and structures as regulated by City Code Section 11-3-5.
2. Accessory uses incidental and customary to the uses listed as permitted, conditional,
interim, and uses by administrative permit in this Section.
3. Accessory apartments.
4. Home occupations as regulated by City Code Section 11-4-3.
5. Keeping of animals as regulated by City Code Section 11-4-15 and Title 5, Chapter 4.
6. Signs as regulated by City Code.
D. Conditional Uses: The following are conditional uses allowed in the R-2 District and require
a Conditional Use Permit based upon procedures set forth in and regulated in City Code Section
11-2-8. Additional specific standards and criteria may be cited below for respective conditional
uses. No structure or land shall be used for one or more of the following uses except by
Conditional Use Permit:
1. Accessory buildings and structures requiring a Conditional Use Permit as provided in
City Code Section 11-3-5
2. Telecommunication tower, as regulated by City Code Section 11-4-14.
3. Licensed home -based daycare facilities serving thirteen (13) to sixteen (16) persons.
4. Licensed group daycare/nursery school in a religious institution, community center, or
academic institution.
5. Educational facilities including but not limited to, public and private elementary, middle,
junior high, and senior high schools, provided that no building shall be located within fifty feet (50')
of any lot line abutting an R district.
6. Commercial horse stables, dog kennels, boarding stables and similar uses on parcels
of ten (10) acres or more, which shall not be located within three hundred feet (300') of a dwelling
other than the dwelling on the property in question.
7. Small wireless facilities as regulated in City Code Title 7, Chapter 6.
8. Golf courses and country clubs, which may include a restaurant, on -sale liquor license,
assembly, and accessory retailing; tennis clubs, and swimming pools serving more than 1 family.
The principal structure for any of the above listed uses shall be one hundred feet (100') or more
from any abutting lot in an R district, and accessory structures shall be a minimum of fifty feet
(50') from any lot line.
9. Home occupations as regulated by City Code Section 11-4-3.
E. Interim Uses: The following are interim uses allowed in the R-2 District and require an
interim use permit based upon procedures set forth in and regulated by City Code Section 11-2-
9. Additional specific standards and criteria may be cited below for respective uses.
1. Farmers Market.
2
F. Administrative Conditional Uses: Subject to application provisions of this Chapter,
performance and processing standards established by this Title, the following are uses allowed
in the R-2 District by conditional administrative permit as may be issued by the Community
Development Director.
1. Accessory buildings and structures requiring a conditional administrative permit as
provided in City Code Section 11-3-5.
2. Communication / Cellular antennas as regulated by City Code Section 11-4-14.
3. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping stations or
reservoirs.
4. Essential services and structures, provided that no building shall be located within fifty
feet (50') of any lot line abutting an R district.
G. Development Standards: The following minimum requirements shall be observed, subject
to the additional requirements, exceptions and modifications set forth in this Title:
Lot area
1 and 1 /2 acres
Lot width
100 feet
Front yard
30 feet
Rear yard
50 feet
Side yard
25 feet
Side yard, garage
20 feet
Maximum structure height
35 feet
Maximum impervious lot coverage
30 percent
11-7-3: R-3 SINGLE-FAMILY ZONING DISTRICT:
A. Purpose: The R-3 single-family residential district is intended to preserve the character of
existing single-family neighborhoods and provide for additional development of single-family
detached residential neighborhoods.
B. Permitted Uses: The following uses are permitted in the R-3 residential district:
1. Single-family detached dwellings.
2. Structures and essential services for local, county, state, or federal government or
public utility purposes, except those requiring administrative permits or Conditional Use Permits,
provided, that no building shall be located within fifty feet (50') of any lot line.
3. Public Parks, trails, scientific areas, playgrounds, and directly related buildings and
structures.
4. Small wireless facilities located in the public right-of-way.
5. A state licensed residential facility serving six (6) or fewer persons, a licensed day care
facility serving twelve (12) or fewer persons, and a group family day care facility licensed under
Minnesota Rules, Parts 9502.3015 to 9502.0445 to serve fourteen (14) or fewer children, except
a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation
of criminal statutes relating to sex offenses shall not be permitted pursuant to Minnesota Statutes
Section 462.357, subdivision 7.
C. Permitted Accessory Uses: The following uses are permitted accessory uses in the R-3
residential district:
1. Accessory buildings and structures as regulated by City Code Section 11-3-5.
2. Accessory uses incidental and customary to the uses listed as permitted, conditional,
interim, and uses by administrative permit in this Title.
3. Accessory apartments.
4. Home occupations as regulated by City Code Section 11-4-3.
5. Keeping of animals as regulated by City Code Section 11-4-15 and Title 5, Chapter 4.
6. Signs as regulated by City Code.
7. Private swimming pools, recreational courts and play apparatus intended for and used
by the occupants of the property on which they are located.
8. Buildings or trailers for purposes of construction or sales on the premises for a period
of time not to exceed construction.
D. Conditional Uses: The following are conditional uses allowed in the R-3 District and
require a Conditional Use Permit based upon procedures set forth in and regulated in City Code
Section 11-2-8. Additional specific standards and criteria may be cited below for respective
conditional uses. No structure or land shall be used for one or more of the following uses except
by Conditional Use Permit:
1. Accessory buildings and structures requiring a Conditional Use Permit as provided in
City Code Section 11-3-5.
2. Telecommunication towers, as regulated by City Code Section 11-4-14.
3. Licensed home -based daycare facilities serving thirteen (13) to sixteen (16) persons.
4. Licensed group daycare/nursery school in a religious institution, community center, or
academic institution.
5. Educational facilities including but not limited to, public and private elementary, middle,
junior high, and senior high schools, provided that no building shall be located within fifty feet (50)
of any lot line abutting an R district.
6. Places of worship and religious institutions.
7. Cemeteries.
8. Small wireless facilities as regulated in City Code Title 7, Chapter 6.
9. Golf courses and country clubs, which may include a restaurant, on -sale liquor license,
assembly, and accessory retailing; tennis clubs, and swimming pools serving more than one (1)
family. The principal structure for any of the above listed uses shall be one hundred feet (100') or
more from any abutting lot in an R district, and accessory structures shall be a minimum of fifty
feet (50') from any lot line.
10. Home occupations as regulated by City Code Section 11-4-3.
11. Limited commercial ventures conducted at "historic properties" as regulated in City
Code Section 2-2-6.
E. Interim Uses: The following are interim uses allowed in the R-2 District and require an
interim use permit based upon procedures set forth in and regulated by City Code Section 11-2-
9. Additional specific standards and criteria may be cited below for respective uses.
1. Farmers Market.
F. Administrative Conditional Uses: Subject to application provisions of this Chapter,
performance and processing standards established by this Title, the following are uses allowed
in the R-3 District by conditional administrative permit as may be issued by the Community
Development Director.
1. Accessory buildings and structures requiring an administrative permit as provided in
City Code Section 11-3-5.
2. Communication / Cellular antennas as regulated by City Code Section 11-4-14.
3. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping stations or
reservoirs.
4. Essential services and structures, provided that no building shall be located within fifty
feet (50') of any lot line abutting an R district.
5. Buildings or trailers for purposes of construction or sales on the premises for a period
of time not to exceed construction.
G. Development Standards: Minimum Requirements: The following minimum requirements
shall be observed, subject to the additional requirements, exceptions and modifications set forth
in this Title:
Lot depth
130 feet
Lot width
65 feet
Front yard
25 feet
Rear yard
35 feet
Side yard
7.5 feet
Side yard, garage
5 feet
Maximum structure height
35 feet
Maximum impervious surface
35%
11-7-4: R-4 TRANSITIONAL RESIDENTIAL ZONING DISTRICT:
A. Purpose: The purpose of the R-4 District is to provide transitional areas that will allow a
mixing of two-family dwellings and/or single-family dwellings on smaller lots where property is
adjacent to arterial streets and/or where property is adjacent to higher intensity development.
Directly related, complementary uses are also appropriate. A full range of public services and
facilities shall be available to R-4 areas.
B. Permitted Uses: The following uses are permitted in the R-4 residential district:
1. Single-family detached dwellings.
2. Multi -family dwellings.
3. Structures and essential services for local, county, state, or federal government or
public utility purposes, except those requiring administrative permits or Conditional Use Permits,
provided, that no building shall be located within fifty feet (50') of any lot line.
4. A state licensed residential facility serving six (6) or fewer persons, a licensed day care
facility serving twelve (12) or fewer persons, and a group family day care facility licensed under
Minnesota Rules, Parts 9502.3015 to 9502.0445 to serve fourteen (14) or fewer children, except
a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation
of criminal statutes relating to sex offenses shall not be permitted pursuant to Minnesota Statutes
Section 462.357, subdivision 7.
5. Public Parks, trails, scientific areas, playgrounds, and directly related buildings and
structures.
6. Small wireless facilities located in the public right-of-way.
C. Permitted Accessory Uses: The following uses are permitted accessory uses in the R-4
residential district:
1. Accessory buildings and structures as regulated by City Code Section 11-3-5.
2. Accessory uses incidental and customary to the uses listed as permitted, conditional,
interim, and uses by administrative permit in this Title.
3. Accessory apartments.
4. Home occupations as regulated by City Code Section 11-4-3.
5. Daycare facility licensed under Minnesota Rules, Parts 9502.0315 to 9502.0445,
serving fourteen (14) or fewer children.
6. Keeping of animals as regulated by City Code Section 11-4-15 and Title 5, Chapter 4.
7. Signs as regulated by City Code.
8. Buildings or trailers for purposes of construction or sales on the premises for a period
of time not to exceed construction.
9. Private swimming pools, recreational courts and play apparatus intended for and used
by the occupants of the property on which they are located.
D. Conditional Uses: The following are conditional uses allowed in the R-4 District and require
a Conditional Use Permit based upon procedures set forth in and regulated in City Code Section
11-2-8. Additional specific standards and criteria may be cited below for respective conditional
uses. No structure or land shall be used for one or more of the following uses except by
Conditional Use Permit:
1. Accessory buildings and structures requiring a Conditional Use Permit as provided in
City Code Section 11-3-5.
2. Antennas not located upon an existing structure or existing tower, as regulated by City
Code Section 11-4-14.
3. State licensed residential facility serving seven (7) to sixteen (16) persons or a licensed
day care facility serving thirteen (13) to sixteen (16) persons.
4. Licensed group daycare/nursery school in a religious institution, community center, or
academic institution.
5. Educational facilities including but not limited to, public and private elementary, middle,
junior high, and senior high schools, provided that no building shall be located within fifty feet (50')
of any lot line abutting an R district.
11-2-8.
6. Cemeteries.
7. Places of worship and religious institutions.
8. Essential services requiring a Conditional Use Permit pursuant to City Code Section
9. Home occupations as regulated by City Code Section 11-4-3.
E. Administrative Conditional Uses: Subject to application provisions of this Chapter,
performance and processing standards established by this Title, the following are uses allowed
in the R-4 District by conditional administrative permit as may be issued by the Community
Development Director.
1. Accessory buildings and structures requiring an administrative permit as provided in
City Code Section 11-3-5.
2. Communication / Cellular antenna as regulated by City Code Section 11-4-14.
3. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping stations or
reservoirs.
4. Essential services and structures, provided that no building shall be located within fifty
feet (50') of any lot line abutting an R district.
F. Development Standards:
1. Single -Family Detached Dwellings: The following minimum requirements shall be
observed, subject to the additional requirements, exceptions and modifications as set forth in this
Title:
Lot width
55 feet
Lot depth
120 feet
Front yard
25 feet
Rear yard
30 feet
Side yard
7.5 feet
Side yard, garage
5 feet
Maximum structure height 35 feet
Maximum impervious surface 40%
2. Attached Dwellings: Exceptions to rigid lot width requirements shall be granted for
attached units subject to approval of a site plan pursuant to City Code Section 11-2-4 in
compliance with the development standards of this District. The following minimum requirements
shall be observed, subject to the additional requirements, exceptions and modifications as set
forth in this Title:
Setbacks between buildings
15 feet between dwelling structures, 10 feet for
residential garages
Setbacks from other districts
25 feet abutting R-1, R-2, and R-3 districts
Parking
2 paved off-street parking spaces per dwelling unit
Maximum site coverage
40% total impervious
11-7-5: R-5 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT:
A. Purpose: The purpose of the R-5 District is to promote the development of higher density,
primarily attached housing and directly related, complementary uses. Densities will help the City
meet its multiple family density goals. A full range of public services and facilities shall be available
to R-5 areas.
B. Permitted Uses: The following uses are permitted in the R-5 residential district:
1. Multi -family dwellings.
2. Structures and essential services for local, county, state, or federal government or
public utility purposes, except those requiring administrative permits or Conditional Use Permits,
provided, that no building shall be located within fifty feet (50') of any lot line.
3. Public parks, trails, scientific areas, playgrounds, and directly related buildings and
structures.
4. Small wireless facilities located in the public right-of-way.
5. Memory care facilities and/or nursing homes.
6. Hospitals for human care; provided, that all structures except fences shall be located
one hundred feet (100') or more from the lot line.
C. Permitted Accessory Uses: The following uses are permitted accessory uses in the R-5
residential district:
1. Accessory buildings and structures as regulated by City Code Section 11-3-5.
2. Accessory uses incidental and customary to the uses listed as permitted, conditional,
interim, and uses by administrative permit in this Title.
3. Home occupations as regulated by City Code Section 11-4-3.
4. Signs as regulated by City Code.
10
5. Buildings or trailers for purposes of construction or sales on the premises for a period
of time not to exceed construction.
6. Private swimming pools, recreational courts and play apparatus intended for and used
by the occupants of the property on which they are located and maintained by the community's
homeowners association.
D. Conditional Uses: The following are conditional uses allowed in the R-5 District and require
a Conditional Use Permit based upon procedures set forth in and regulated in City Code Section
11-2-8. Additional specific standards and criteria may be cited below for respective conditional
uses. No structure or land shall be used for one or more of the following uses except by
Conditional Use Permit:
1. Accessory buildings and structures requiring a Conditional Use Permit as provided in
City Code Section 11-3-5.
2. Antennas not located upon an existing structure or existing tower, as regulated by City
Code Section 11-4-14.
3. State licensed residential facility serving seven (7) to sixteen (16) persons or a licensed
day care facility serving thirteen (13) to sixteen (16) persons.
11-2-8.
4. Places of worship and religious institutions.
5. Residential shelters.
6. Essential services requiring a Conditional Use Permit pursuant to City Code Section
7. Home occupations as regulated by City Code Section 11-4-3.
E. Administrative Conditional Uses: Subject to application provisions of this Chapter,
performance and processing standards established by this Title, the following are uses allowed
in the R-5 District by conditional administrative permit as may be issued by the Community
Development Director.
1. Accessory buildings and structures requiring an administrative permit as provided in
City Code Section 11-3-5.
2. Communication / Cellular antennas as regulated by City Code Section 11-4-14.
3. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping stations or
reservoirs.
4. Essential services and structures, provided that no building shall be located within fifty
feet (50) of any lot line abutting an R district.
F. Development Standards: The following minimum requirements shall be observed, subject
to the additional requirements, exceptions and modifications as set forth in this Title:
Setbacks between buildings
10 feet
Setbacks from other districts
30 feet abutting R-1, R-2, R-3, and R-4 districts
Parking
2 paved off-street parking spaces per dwelling unit
11
Maximum site coverage 40% total impervious
11-7-6: R-6 HIGH DENSITY RESIDENTIAL ZONING DISTRICT:
A. Purpose: The purpose of the R-6 District is to provide for high -density, apartment -style,
rental and condominium housing and directly related complementary uses. A full range of public
services and facilities shall be available to R-6 areas.
B. Permitted Uses: The following uses are permitted in the R-6 residential district:
1. Multi -family dwellings including apartments and condominiums.
2. Structures and essential services for local, county, state, or federal government or
public utility purposes, except those requiring administrative permits or Conditional Use Permits,
provided, that no building shall be located within fifty feet (50) of any lot line.
3. Public parks, trails, scientific areas, playgrounds, and directly related buildings and
structures.
4. Small wireless facilities located in the public right-of-way.
5. Memory care facilities and/or nursing homes.
6. Hospitals for human care; provided, that all structures except fences shall be located
one hundred feet (100) or more from the lot line.
C. Permitted Accessory Uses: The following uses are permitted accessory uses in the R-6
residential district:
1. Accessory buildings and structures as regulated by City Code Section 11-3-5.
2. Accessory uses incidental and customary to the uses listed as permitted, conditional,
interim, and uses by administrative permit in this Title.
3. Home occupations as regulated by City Code Section 11-4-3.
4. Signs as regulated by City Code.
5. Buildings or trailers for purposes of construction or sales on the premises for a period
of time not to exceed construction.
6. Private swimming pools, recreational courts and play apparatus intended for and used
by the occupants of the property on which they are located and maintained by the community's
homeowners association.
D. Conditional Uses: The following are conditional uses allowed in the R-6 District and require
a Conditional Use Permit based upon procedures set forth in and regulated in City Code Section
11-2-8. Additional specific standards and criteria may be cited below for respective conditional
uses. No structure or land shall be used for one or more of the following uses except by
Conditional Use Permit:
1. Antennas not located upon an existing structure or existing tower, as regulated in City
Code Section 11-4-14.
2. State licensed residential facility serving seven (7) to sixteen (16) persons or a licensed
day care facility serving thirteen (13) to sixteen (16) persons.
12
11-2-8.
3. Places of worship and religious institutions.
4. Residential shelters.
5. Small wireless facilities as regulated in City Code Title 7, Chapter 6.
6. Essential services requiring a Conditional Use Permit pursuant to City Code Section
7. Home occupations as regulated in City Code Section 11-4-3.
E. Administrative Conditional Uses: Subject to application provisions of this Chapter,
performance and processing standards established by this Title, the following are uses allowed
in the R-5 District by conditional administrative permit as may be issued by the Community
Development Director.
1. Accessory buildings and structures requiring an administrative permit as provided in
City Code Section 11-3-5.
2. Communication / Cellular towers as regulated by City Code Section 11-4-14
3. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping stations or
reservoirs.
4. Essential services and structures, provided that no building shall be located within fifty
feet (50') of any lot line abutting an R district.
F. Development Standards: The following minimum requirements shall be observed, subject
to the additional requirements, exceptions and modifications as set forth in this Title, however
exceptions to rigid lot area, width and depth requirements shall be granted for attached units
subject to approval of a site plan pursuant to City Code Section 11-2-4 in compliance with the
development standards of this District.
Front yard
15 feet
Rear yard
15 feet
Side yard
15 feet
Maximum structure height
55 feet
Setbacks between buildings
15 feet
Setbacks from other districts
30 feet abutting R-1, R-2, R-3, R-4, and R-5 districts
Parking
2 paved off-street parking spaces per dwelling unit
Maximum site coverage
50% total impervious
13
CHAPTER 8
BUSINESS DISTRICTS
SECTION:
11-8-1: Purpose
11-8-2: Permitted, Conditional, Accessory, Administrative and Interim Uses
11-8-3: Minimum and Maximum Development Standards
11-8-1: PURPOSE:
A. Limited Business District, B-1. The limited business district (B-1) is intended to provide a
buffer district to adjoining residential districts for administrative office buildings and related office
uses which are subject to more restrictive controls than the General Business District (B-3).
B. Retail Business District, B-2. The retail business district (B-2) is to encourage retail sales
and services while minimizing the negative impact to the surrounding residential neighborhoods.
C. General Business District, B-3. The general business district (B-3) is intended to provide
centralized areas for retail business areas and highway or automobile -oriented businesses.
D. Planned Business District, P-B. The planned business district (P-B) is intended to provide
for the mix of suitable retail, commercial and industrial uses which are complementary and
ancillary to the Cottage Grove industrial park. The district allows for a blend of manufacturing and
retail uses which have significant customer interaction.
E. Mixed -Use Business District, M-U. The Mixed -Use Business District (M-U) is a commercial
district intended to provide flexibility to allow complementary uses that support one another,
including high density residential, commercial services and retail, employment opportunities, and
transit. The district promotes a walkable, sustainable development pattern while still
accommodating the automobile.
11-8-2: PERMITTED, CONDITIONAL, ACCESSORY, ADMINISTRATIVE AND
INTERIM USES:
A. Purpose: The use table as provided in this Section depicts the classification of land uses
within zoning districts.
B. Table Key: The following labeling applies to the table in this Section:
1. Uses Defined: Uses not defined in this Chapter are subject to standard dictionary
definitions.
2. Permitted Uses: Uses identified in the zoning district column with the letter "P" are
allowed as permitted uses, primary or accessory, in the respective zoning district.
3. Conditional Uses: Uses identified in the zoning district column with the letter "C" are
allowed as conditional uses, primary or accessory, in the respective zoning district. Conditional
uses must obtain a conditional use permit prior to commencing.
4. Administrative Conditional Uses: Uses identified in the zoning district column with the
letters "AC" are allowed as administrative conditional uses, primary or accessory, in the respective
zoning district. Administrative conditional uses must obtain an administrative conditional use
permit prior to commencing.
5. Interim Uses: Uses identified in the zoning district column with the letter "I" are allowed
as interim uses, primary or accessory, in the respective zoning district. Interim uses must obtain
an interim conditional use permit prior to commencement.
6. Accessory Uses: Uses identified in the zoning district column with the letter "A" are
allowed as accessory uses in the respective zoning district.
7. Prohibited Uses: Uses not listed or not associated with a letter in the zoning district
column are prohibited uses in the respective zoning district.
8. Standards: For ease of reference, uses for which specific standards apply include a
reference to the applicable Code Section.
C. Use Table:
USE TYPE
B-1
B-2
B-3
P-B
M-U
Accessory uses or retail sales which are customarily
incidental and clearly subordinate to the primary use
within the principal structure
A
A
A
A
A
Adult uses
P
Apartments / condominiums
C
Automated car wash as an accessory use
A
A
A
A
A
Automobile car wash (drive- through, mechanical and
self- service)
C
C
C
C
Automobile Repair —Major
C
Automobile Repair —Minor
C
C
C
Automotive, motorcycle, trailer, recreation vehicles,
boats and/or farm equipment establishments for display,
hire, service, rental, leasing and/or sales conducted
outside a building, provided servicing is conducted within
a building.
C
C
Banks and other financial institutions with a drive -up
window
C
C
C
C
C
Banks and other financial institutions without drive -up
window
P
P
P
P
P
Blacktop or crushing materials for roadway materials
I
I
I
I
Cannabis, sales of intoxicating CBD
P
P
P
Catering establishment
P
P
P
Cellular Antennas (attached to structures)
AC
AC
AC
AC
Commercial Recreation - Indoor
P
P
P
P
Commercial Recreation - Outdoor
C
C
Community Center
C
C
C
Dance and/or music studios
P
P
P
P
P
Daycare
C
C
C
C
Donation Drop Boxes
AC
AC
AC
AC
USE TYPE
B-1
B-2
B-3
P-B
M-U
Construction and/or trades sales and service shops; with
storage of equipment, supplies or materials inside a
building
P
P
Electric Car Charging Station
AC
AC
AC
AC
AC
Equipment rental, inside a building (no outdoor display)
P
P
P
P
Equipment rental with outside storage
C
C
Essential service structures, including, but not limited to,
buildings such as telephone stations, booster or
pressure stations, elevated tanks, lift stations and
electric power substations
AC
AC
AC
AC
AC
Event Center
C
C
C
Farmers' market
I
I
I
I
I
Funeral homes
P
P
P
P
Furniture and upholstery repair refinish shops
P
P
Garden Centers and nurseries
C
C
Greenhouse (seasonal)
I
I
I
I
Hotel, motel
C
C
C
C
Manufacturing, compounding, assembly, and packaging
inside a building
P
Medical and/or dental clinics, hospitals
P
P
P
P
P
Motor fuel stations
C
C
C
C
C
Movie theater
P
P
P
P
Municipal and government buildings and structures,
including police, fire, library, public works garages
C
C
C
C
C
Nursing homes, memory care, or retirement homes
C
C
C
C
Off street parking, storage garage, parking decks,
parking ramps and buildings and loading areas when
incidental and subordinate to any permitted use
A
A
A
A
A
Offices for administrative, executive, or professional
services
P
P
P
P
P
Outdoor seating or dining
C
A
A
A
A
Park and ride facilities
C
Pawnshop
C
Personal Services (nail, massage, hair, tanning, etc)
P
P
P
P
P
Pet related care including dog daycare, boarding,
veterinary clinics and grooming with outdoor use.
C
C
Pet related care including veterinary clinics with no
outdoor use.
P
P
P
P
Public parks
P
P
P
P
P
USE TYPE
B-1
B-2
B-3
P-B
M-U
Public, parochial and private schools, trade and
business schools, colleges and universities
C
C
C
C
C
Research and development including laboratories (i.e.
medical, software, communications, scientific, etc.)
P
P
P
P
P
Restaurants, excluding a drive -up window
P
P
P
P
P
Restaurants, with drive -up window
C
C
C
C
Restaurants, with on -sale liquor
P
P
P
P
P
Retail uses
P
P
I P
P
P
Self -storage facility
C
Showroom warehouse
P
Signs
A
A
A
A
A
Stockpiling of materials incidental to construction
activities
I
I
I
I
Tattoo and body piercing
P
P
P
P
Tax exempt lodges and clubs; provided, they are more
than 75 feet from a residential district
C
C
C
Temporary accessory outdoor sales
AC
AC
AC
AC
Temporary buildings for construction purposes for a
period not to exceed the completion date of such
construction
AC
AC
AC
AC
AC
Wholesale businesses
P
P
P
P
11-8-3: MINIMUM AND MAXIMUM DEVELOPMENT STANDARDS:
A. Standards to be Observed: The minimum and maximum development standards for
each zoning district shown in the development standards table shall be observed.
B. Development Standards Table:
Development Standards
B-1
B-2
B-3
P-B
M-U
Minimum lot width
100 ft.
100 ft.
100 ft.
100 ft.
100 ft.
Maximum building height
35 ft.
35 ft.
40 ft
50 ft.
55 ft.
Minimum front yard
25 ft.
25 ft.
25 ft.
25 ft.
25 ft.
Minimum side yard, interior
lot line
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Corner Lot setback on front
and side yard
30 ft.
30 ft.
20ft.
20 ft.
20 ft.
Minimum side yard line
adjacent to a street
25 ft.
25 ft.
25 ft.
25 ft.
25 ft.
Minimum rear yard
35 ft.
35 ft.
10 ft.
10 ft.
10 ft.
Minimum rear yard, abutting a
residential district
50 ft.
50 ft.
50 ft.
50 ft.
50 ft.
2
Development Standards
B-1
B-2
B-3
P-B
M-U
Minimum rear yard, abutting a
--
10 ft.
10 ft.
10 ft.
10 ft.
railroad track right of way
Maximum Impervious
70%
70%
70%
70%
70%
coverage
CHAPTER 9
INDUSTRIAL DISTRICTS
SECTION:
11-9-1: Purpose
11-9-2: Permitted, Conditional, Accessory, Administrative and Interim Uses
11-9-3: Development Standards
11-9-1: PURPOSE:
A. 1-1 General Industrial District: The 1-1 General Industrial District is intended to provide a
district which is appropriate for manufacturing, compounding, processing, packaging or treatment
of products, excluding hide or animal processing. Property zoned 1-1 will be located within the
metropolitan urban service area (MUSA) and served by public utility systems.
B. 1-2 Heavy Industrial District: The 1-2 Heavy Industrial District is to provide areas suitable
for industrial uses which are more intense than the 1-1 district, however will not allow hide or
animal processing, and may have greater impact to noncommercial land uses. Property zoned I-
2 will be located inside the metropolitan urban service area.
C. 1-3 Commercial Excavation District: The 1-3 Commercial Excavation District is to provide
for the excavation of sand, gravel and other mineral deposits or materials for the current future,
recognizing that the areas will be rezoned after excavation is complete. Property zoned 1-3 will be
located outside the metropolitan urban service area.
11-9-2: PERMITTED, CONDITIONAL, ACCESSORY, ADMINISTRATIVE AND
INTERIM USES:
A. Purpose: The use table as provided in this Section depicts the classification of land uses
within zoning districts.
B. Table Key: The following labeling applies to the table in this Section:
1. Uses Defined: Uses not defined in this Chapter are subject to standard dictionary
definitions.
2. Permitted Uses: Uses identified in the zoning district column with the letter "P" are
allowed as permitted uses, primary or accessory, in the respective zoning district.
3. Conditional Uses: Uses identified in the zoning district column with the letter "C" are
allowed as conditional uses, primary or accessory, in the respective zoning district. Conditional
uses must obtain a conditional use permit prior to commencing.
4. Administrative Conditional Uses: Uses identified in the zoning district column with the
letters "AC" are allowed as administrative conditional uses, primary or accessory, in the respective
zoning district. Administrative conditional uses must obtain an administrative conditional use
permit prior to commencing.
5. Interim Uses: Uses identified in the zoning district column with the letter "I" are allowed
as interim uses, primary or accessory, in the respective zoning district. Interim uses must obtain
an interim conditional use permit prior to commencement.
6. Accessory Uses: Uses identified in the zoning district column with the letter "A" are
allowed as accessory uses in the respective zoning district.
7. Prohibited Uses: Uses not listed or not associated with a letter in the zoning district
column are prohibited uses in the respective zoning district.
8. Standards: For ease of reference, uses for which specific standards apply include a
reference to the applicable Code Section.
C. Use Table:
USE TYPE
1-1
1-2
1-3
Agricultural
P
P
P
Automobile repair, painting, body work (inside the principal structure)
P
P
Brewery/Distillery/Restaurant
C
P
Buildings temporarily located for purposes of construction for the
construction period only
AC
AC
AC
Cafeteria
A
A
Cannabis manufacturing
C
C
Cleaning and maintenance services including but not limited to carpet,
laundry, furniture, upholstery, appliances, etc.)
C
Commercial production greenhouses
C
C
Construction trades
P
P
Data center
C
C
Essential services and buildings
P
P
P
Gas Station
C
C
Gun and/or archery ranges (inside a structure)
P
P
Gun and/or archery ranges (outdoors)
C
Indoor automotive sales no exterior storage
P
P
Indoor recreational facilities
P
Laboratories, research and development facilities
P
P
Machine shops
P
P
Manufacturing within an enclosed building (assembly & packaging)
P
P
Mining and excavation
C
Municipal and government buildings
P
P
P
Offices
P
P
Off street parking, storage garages and buildings and loading areas
A
A
Outdoor parking of trucks and commercial vehicles
A
A
A
Outdoor screen storage incidental to principal use: up to 5,000 sq ft (P), over
5,000 sq ft C
P/C
P/C
P/C
Packaging/processing food products
C
C
Parcel delivery services
P
P
Pharmaceutical/Medical device manufacturing
C
P
Power plants
C
Public enclosed rental storages or garages
C
C
Sale showrooms
P
Signs
A
A
A
Storage (inside the principal structure)
P
P
Storage of crude oil, refined oil, alcohol and other liquids in outdoor
aboveground storage tanks, incidental to the principal use and not for sale
A
A
A
Truck, service and maintenance stations (inside the principal structure)
C
C
Veterinarian clinics (inside the principal structure) (P); with outdoor run (C)
P/C
Vocation/technical schools
P
P
Warehouses and distribution facilities
P
P
Wastewater treatment facilities
C
11-9-3: DEVELOPMENT STANDARDS:
The following table of minimum lot area, yard and bulk requirements shall be observed:
Standard
1-1
1-2
1-3
Lot width
175 feet
200 feet
200 feet
Front yard setback
40 feet
50 feet
100 feet
Side yard setback abutting an R district
100 feet
125 feet
200 feet
Side yard setback adjacent to a street
40 feet
40 feet
125 feet
Interior side yard setback
40 feet
40 feet
40 feet
Rear yard setback
60 feet
60 feet
100 feet
Rear yard setback abutting an R district
100 feet
150 feet
200 feet
Building height
55 feet
60 feet
60 feet
Note: No minimum lot width is required for essential public services.
CHAPTER 10
FLOODPLAIN MANAGEMENT
SECTION:
11-10-1: Authority; Findings of Fact; Purpose
11-10-2: General Provisions
11-10-3: Establishment of Zoning District Overlay
11-10-4: Floodway District (FW)
11-10-5: Flood Fringe District (FF)
11-10-6: General Floodplain District
11-10-7: Subdivisions
11-10-8: Public Utilities, Railroads, Roads, and Bridges
11-10-9: Manufactured Homes and Manufactured Home Parks and Placement of
Recreational Vehicles
11-10-10: Administration
11-10-11: Nonconforming Uses
11-10-12: Amendments
11-10-1: AUTHORITY; FINDINGS OF FACT; PURPOSE:
A. Statutory Authority: The legislature of the state of Minnesota, in Minnesota Statutes
Chapters 103F and 462, has delegated the responsibility to local government units to adopt
regulations designed to minimize flood losses.
B. Findings of Fact: The City Council of the City of Cottage Grove makes the following
findings:
1. The flood hazard areas of the City of Cottage Grove, Minnesota, are subject to periodic
inundation which results in potential loss of life, loss of property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures or flood
protection and relief, and impairment of the tax base, all of which adversely affect the public
health, safety, and general welfare.
2. This Chapter is based upon a reasonable method of analyzing flood hazards which is
consistent with the standards established by the Minnesota Department of Natural Resources.
3. This Chapter is adopted to comply with the rules and regulations of the National Flood
Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as
to maintain eligibility of the Cottage Grove community in the national flood insurance program.
C. Statement of Purpose: It is the purpose of this Chapter to promote the public health, safety,
and general welfare and to minimize those losses described in this Section.
11-10-2: GENERAL PROVISIONS:
A. Lands to Which Chapter Applies: This Chapter applies to all lands within the jurisdiction
of the City as shown on the City's Official Zoning Map and the attachments thereto as being
located within the boundaries of the floodway, flood fringe, or general floodplain districts.
B. Establishment of Official Zoning Map: The Official Zoning Map together with all
attachments thereto is hereby adopted by reference. The attachments to the Official Zoning Map
include the flood insurance study for Washington County, Minnesota, and incorporated areas and
flood insurance rate map panels therein numbered 27163C0392E, 27163C0394E,
27163C0403E, 27163C0405E, 27163C0410E, 27163C0411 E, 27163C0412E, 27163C0413E,
27163C0414E, 27163C0416E, 27163C0417E, 27163C0418E, 27163C0419E, 27163CO430E
and 27163C0438E, all dated February 3, 2010, and prepared by the federal emergency
management agency. The Official Zoning Map shall be on file in the Office of the City Clerk.
C. Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be
seven hundred feet (700') above mean sea level or 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.
D. Interpretation:
1. In their interpretation and application, the provisions of this Chapter shall be held to be
minimum requirements and shall be liberally construed in favor of the City and shall not be
deemed a limitation or repeal of any other powers granted by state statutes.
2. The boundaries of the zoning districts shall be determined by scaling distances on the
Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of
the district as shown on the Official Zoning Map, as for example where there appears to be a
conflict between a mapped boundary and actual field conditions and there is a formal appeal of
the decision of the Community Development Director, the Board of Adjustments and Appeals shall
make the necessary interpretation. All decisions will be based on elevations on the regional (100-
year) flood profile, the ground elevations that existed on the site at the time the city adopted its
initial floodplain ordinance or on the date of the first national flood insurance program map
showing the area within the 100-year floodplain if earlier, and other available technical data.
Persons contesting the location of the district boundaries shall be given a reasonable opportunity
to present their case to the Board of Adjustments and Appeals and to submit technical evidence.
E. Abrogation and Greater Restrictions: It is not intended by this Chapter to repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions. However, where this Chapter
imposes greater restrictions, the provisions of this Chapter shall prevail. The regulations in this
Chapter are in addition to rather than in substitution of regulations imposed by any other zoning
classification for designated floodplains. In the event of any inconsistency between the provisions
of this Chapter and other City Code provision, the more restrictive provision shall prevail.
F. Warning and Disclaimer of Liability: This Chapter does not imply that areas outside the
floodplain districts or land uses permitted within such districts will be free from flooding or flood
damages. This Chapter shall not create liability on the part of the City or any officer or employee
thereof for any flood damages that may result from reliance on this Chapter or any administrative
decision lawfully made thereunder.
G. Severability: If any Section, clause, provision, or portion of this Chapter is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall
not be affected thereby.
H. Annexations: The flood insurance rate map panels adopted by reference in this Section
may include floodplain areas that lie outside of the corporate boundaries of the City at the time of
adoption of this Chapter. If any of these floodplain land areas are annexed into the City after the
date of adoption of this Chapter, the newly annexed floodplain lands shall be subject to the
provisions of this Chapter immediately upon the date of annexation into the City.
11-10-3: ESTABLISHMENT OF ZONING DISTRICT OVERLAY:
A. Flood Management Overlay Districts:
1. Floodway District: The floodway district shall include those areas designated as
floodway on the flood insurance rate map adopted in City Code Section 11-10-2.
2. Flood Fringe District: The flood fringe district shall include those areas designated as
floodway fringe. The flood fringe district shall include those areas shown on the flood insurance
rate map as adopted in City Code Section 11-10-2 as being within zone AE but being located
outside of the floodway.
3. General Floodplain District: The general floodplain district shall include those areas
designated as zone A and zone AE without a floodway on the flood insurance rate map adopted
in City Code Section 11-10-2.
B. Compliance: No new structure or land shall hereafter be used and no structure shall be
constructed, located, extended, converted, or structurally altered without full compliance with the
terms of this chapter and other applicable regulations which apply to uses within the jurisdiction
of this Chapter. Within the floodway, flood fringe and general floodplain districts, all uses not listed
as permitted uses or conditional uses in City Code Sections 11-10-4, 11-10-5 and 11-10-6 that
follow, respectively, shall be prohibited. In addition, a caution is provided here that:
1. New manufactured homes, replacement manufactured homes and certain travel
trailers and travel vehicles are subject to the general provisions of this Chapter and specifically
City Code Section 11-10-9.
2. Modifications, additions, structural alterations, normal maintenance and repair, or
repair after damage to existing nonconforming structures and nonconforming uses of structures
or land are regulated by the general provisions of this Chapter and specifically City Code
Section 11-10-11.
3. As built elevations for elevated or floodproofed structures must be certified by ground
surveys and floodproofing techniques must be designed and certified by a registered professional
engineer or architect as specified in the general provisions of this Chapter and specifically as
stated in City Code Section 11-10-10.
11-10-4: FLOODWAY DISTRICT (FW):
A. Permitted Uses:
1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
2. Industrial -commercial loading areas, parking areas, and airport landing strips.
3. Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic
grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game
farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and
fishing areas, and single or multiple purpose recreational trails.
4. Residential lawns, gardens, accessory parking areas, and play areas.
B. Standards for Floodway Permitted Uses:
1. The use shall have a low flood damage potential.
2. The use shall be permissible in the underlying zoning district.
3. The use shall not obstruct flood flows or increase flood elevations and shall not involve
structures, fill, obstructions, excavations or storage of materials or equipment.
C. Conditional Uses:
1. Structures accessory to permitted uses listed above.
2. Extraction and storage of sand, gravel, and other materials.
3. Marinas, boat rentals, docks, piers, wharves, and water control structures.
4. Railroads, streets, bridges, utility transmission lines, and pipelines.
5. Storage yards for equipment, machinery, or materials, other than fuel storage tanks.
6. Placement of fill or construction of fences.
7. Recreational vehicles either on individual lots of record or in existing or new
subdivisions or commercial or condominium type campgrounds, subject to the exemptions and
provisions of City Code Section 11-10-9.C.
8. Structural works for flood control such as levees, dikes and floodwalls constructed to
any height where the intent is to protect individual structures and levees or dikes where the intent
is to protect agricultural crops for a frequency flood event equal to or less than the 10-year
frequency flood event.
D. Standards for Floodway Conditional Uses:
1. All Uses: No structure (temporary or permanent), fill (including fill for roads and
levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as
a conditional use that will cause any increase in the stage of the 100-year or regional flood or
cause an increase in flood damages in the reach or reaches affected.
2. Conditional Uses: All floodway conditional uses are subject to the procedures and
standards contained in City Code Section 11-10-10.D.
3. Conditional Use Permissible: The conditional use shall be permissible in the
underlying zoning district.
4. Fill:
a. Fill, dredge spoil, and all other similar materials deposited or stored in the
floodplain shall be protected from erosion by vegetative cover, mulching, riprap or
other acceptable method.
b. Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway unless a long-term site development plan is submitted which includes an
erosion/sedimentation prevention element to the plan.
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c. As an alternative, and consistent with subsection DA.b of this Section, dredge spoil
disposal and sand and gravel operations may allow temporary, on -site storage of
fill or other materials which would have caused an increase to the stage of the 100-
year or regional flood but only after the City has received an appropriate plan which
assures the removal of the materials from the floodway based upon the flood
warning time available. The conditional use permit must be recorded in the Office
of the County Recorder or County Registrar of Titles, as appropriate.
5. Accessory Structures:
a. Accessory structures shall not be designed for human habitation.
b. Accessory structures, if permitted, shall be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of floodwaters:
(1) Whenever possible, structures shall be constructed with the longitudinal axis
parallel to the direction of flood flow; and
(2) So far as practicable, structures shall be placed approximately on the same
flood flow lines as those of adjoining structures.
c. Accessory structures shall be elevated on fill or structurally dry floodproofed in
accordance with the FP-1 or FP-2 floodproofing classifications in the state building
code. As an alternative, an accessory structure may be floodproofed to the FP-3
or FP-4 floodproofing classification in the State Building Code provided the
accessory structure constitutes a minimal investment, does not exceed five
hundred (500) square feet in size at its largest projection, and for a detached
garage, the detached garage must be used solely for parking of vehicles and
limited storage. All floodproofed accessory structures must meet the following
additional standards:
(1) The structure must be adequately anchored to prevent flotation, collapse or
lateral movement of the structure and shall be designed to equalize hydrostatic
flood forces on exterior walls;
(2) Any mechanical and utility equipment in a structure must be elevated to or
above the regulatory flood protection elevation or properly floodproofed; and
(3) To allow for the equalization of hydrostatic pressure, there must be a minimum
of two (2) "automatic" openings in the outside walls of the structure having a
total net area of not less than one square inch for every square foot of enclosed
area subject to flooding. There must be openings on at least two (2) sides of
the structure and the bottom of all openings must be no higher than one foot
(V) above the lowest adjacent grade to the structure. Using human intervention
to open a garage door prior to flooding will not satisfy this requirement for
automatic openings.
6. Storage of Materials and Equipment:
a. The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
b. Storage of other materials or equipment may be allowed if readily removable from
the area within the time available after a flood warning and in accordance with a
plan approved by the City Council.
7. Structural Works: Structural works for flood control that will change the course, current
or cross section of protected wetlands or public waters shall be subject to the provisions of
Minnesota Statutes, Chapter 103G. Community wide structural works for flood control intended
to remove areas from the regulatory floodplain shall not be allowed in the floodway.
8. Levee, Dike or Floodwall in Floodway: A levee, dike or floodwall constructed in the
floodway shall not cause an increase to the 100-year or regional flood and the technical analysis
must assume equal conveyance or storage loss on both sides of a stream.
11-10-5: FLOOD FRINGE DISTRICT (FF):
A. Permitted Uses: Permitted uses shall be those uses of land or structures listed as
permitted uses in the underlying zoning use district(s). All permitted uses shall comply with the
standards for flood fringe district "permitted uses" listed in subsection B of this Section and
subsection E, "Standards For All Flood Fringe Uses", of this Section.
B. Standards For Flood Fringe Permitted Uses:
1. All structures, including accessory structures, must be elevated on fill so that the
lowest floor including basement floor is at or above the regulatory flood protection elevation. The
finished fill elevation for structures shall be no lower than one foot (1') below the regulatory flood
protection elevation and the fill shall extend at such elevation at least fifteen feet (15') beyond the
outside limits of the structure erected thereon.
2. As an alternative to elevation on fill, accessory structures that constitute a minimal
investment and that do not exceed five hundred (500) square feet at its largest projection may be
internally floodproofed in accordance with City Code Section 11-10-4.D.5.c.
3. The cumulative placement of fill where at any one time in excess of one thousand
(1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use,
unless said fill is specifically intended to elevate a structure in accordance with subsection B.1 of
this Section.
4. The storage of any materials or equipment shall be elevated on fill to the regulatory
flood protection elevation.
5. The provisions of subsection E of this Section shall apply.
C. Conditional Uses: Any structure that is not elevated on fill or floodproofed in accordance
with subsections B.1 through B.2 of this Section or any use of land that does not comply with the
standards in subsections B.3 through B.4 of this Section shall only be allowable as a conditional
use. An application for a conditional use shall be subject to the standards and criteria and
evaluation procedures specified in subsections D and E of this Section and City Code Section 11-
10-10. D.
D. Standards for Flood Fringe Conditional Uses:
1. Alternative Methods: Alternative elevation methods other than the use of fill may be
utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These
alternative methods may include the use of stilts, pilings, parallel walls, etc., or above grade,
enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed
area shall be considered above grade and not a structure's basement or lowest floor if: a) the
enclosed area is above grade on at least one side of the structure; b) it is designed to internally
flood and is constructed with flood resistant materials; and c) it is used solely for parking of
vehicles, building access or storage. The above noted alternative elevation methods are subject
to the following additional standards:
a. Design and Certification: The structure's design and as built condition must be
certified by a registered professional engineer or architect as being in compliance
with the general design standards of the state building code and, specifically, that
all electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities must be at or above the regulatory flood protection elevation
or be designed to prevent floodwater from entering or accumulating within these
components during times of flooding.
b. Specific Standards for Above Grade, Enclosed Areas: Above grade, fully enclosed
areas such as crawl spaces or tuck under garages must be designed to internally
flood and the design plans must stipulate:
(1) A minimum area of openings in the walls where internal flooding is to be used
as a floodproofing technique. There shall be a minimum of two (2) openings on
at least two (2) sides of the structure and the bottom of all openings shall be
no higher than one foot (1') above grade. The automatic openings shall have
a minimum net area of not less than one square inch for every square foot of
enclosed area subject to flooding unless a registered professional engineer or
architect certifies that a smaller net area would suffice. The automatic openings
may be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters without
any form of human intervention; and
(2) That the enclosed area will be designed of flood resistant materials in
accordance with the FP-3 or FP-4 classifications in the State Building Code
and shall be used solely for building access, parking of vehicles or storage.
2. Basements: Basements, as defined by City Code Section 11-1-3, shall be subject to
the following:
a. Residential basement construction shall not be allowed below the regulatory flood
protection elevation.
b. Nonresidential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry floodproofed in accordance with
subsection D.3 of this Section.
3. F000dproofing Structures Below Regulatory Flood Protection Elevation: All areas of
nonresidential structures including basements to be placed below the regulatory flood protection
elevation shall be floodproofed in accordance with the structurally dry floodproofing classifications
in the state building code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing
classification in the state building code and this shall require making the structure watertight with
the walls substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
Structures floodproofed to the FP-3 or FP-4 classification shall not be permitted.
4. Erosion/Sedimentation Control Plan: When at any one time more than one thousand
(1,000) cubic yards of fill or other similar material is located on a parcel for such activities as on -
site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or
construction of flood control works, an erosion/sedimentation control plan must be submitted
unless the City is enforcing a state approved shore land management ordinance. In the absence
of a state approved shore land ordinance, the plan must clearly specify methods to be used to
stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The
plan must be prepared and certified by a registered professional engineer or other qualified
individual acceptable to the City Council. The plan may incorporate alternative procedures for
removal of the material from the floodplain if adequate flood warning time exists.
5. Storage of Materials and Equipment:
a. The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
b. Storage of other materials or equipment may be allowed if readily removable from
the area within the time available after a flood warning and in accordance with a
plan approved by the City Council.
6. Other Provisions that Apply: The provisions of subsection E of this Section shall also
apply.
E. Standards for all Flood Fringe Uses:
1. All new principal structures must have vehicular access at or above an elevation not
more than two feet (2') below the regulatory flood protection elevation. If a variance to this
requirement is granted, the Board of Adjustments and Appeals must specify limitations on the
period of use or occupancy of the structure for times of flooding and only after determining that
adequate flood warning time and local flood emergency response procedures exist.
2. Commercial uses: Accessory land uses, such as yards, railroad tracks, and parking
lots may be at elevations lower than the regulatory flood protection elevation. However, a permit
for such facilities to be used by the employees or the general public shall not be granted in the
absence of a flood warning system that provides adequate time for evacuation if the area would
be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity
(in feet per second) the product number exceeds four (4) upon occurrence of the regional flood.
3. Manufacturing and industrial uses: Measures shall be taken to minimize interference
with normal plant operations especially along streams having protracted flood durations. Certain
accessory land uses such as yards and parking lots may be at lower elevations subject to
requirements set out in subsection E.2 of this Section. In considering permit applications, due
consideration shall be given to needs of an industry whose business requires that it be located in
floodplain areas.
4. Fill shall be properly compacted and the slopes shall be properly protected by the use
of riprap, vegetative cover or other acceptable method. The federal emergency management
agency (FEMA) has established criteria for removing the special flood hazard area designation
for certain structures properly elevated on fill above the 100-year flood elevation; FEMA's
requirements incorporate specific fill compaction and side slope protection standards for multi -
structure or multi -lot developments. These standards should be investigated prior to the initiation
of site preparation if a change of special flood hazard area designation will be requested.
5. Floodplain developments shall not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system where a
floodway or other encroachment limit has not been specified on the Official Zoning Map.
6. Standards for recreational vehicles are contained in City Code Section 11-10-9.C.
7. All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods of anchoring
may include, but are not to be limited to, use of over the top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring requirements for resisting wind
forces.
11-10-6: GENERAL FLOODPLAIN DISTRICT:
A. Permissible Uses:
1. The uses listed in City Code Section 11-10-4.A shall be permitted uses.
2. All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant
to subsection B of this Section. City Code Section 11-10-4 shall apply if the proposed use is in
the floodway district and City Code Section 11-10-5 shall apply if the proposed use is in the flood
fringe district.
B. Procedures for Floodway and Flood Fringe Determinations Within the General Floodplain
District:
1. Upon receipt of an application for a permit or other approval within the general
floodplain district, the applicant shall be required to furnish such of the following information as is
deemed necessary by the Community Development Director for the determination of the
regulatory flood protection elevation and whether the proposed use is within the floodway or flood
fringe district.
a. A typical valley cross section(s) showing the channel of the stream, elevation of
land areas adjoining each side of the channel, cross sectional areas to be occupied
by the proposed development, and high-water information.
b. A surface view plan showing elevations or contours of the ground, pertinent
structure, fill, or storage elevations, the size, location, and spatial arrangement of
all proposed and existing structures on the site, and the location and elevations of
streets.
c. Photographs showing existing land uses, vegetation upstream and downstream,
and soil types.
d. A profile showing the slope of the bottom of the channel or flow line of the stream
for at least five hundred feet (500') in either direction from the proposed
development.
2. The applicant shall be responsible to submit one copy of the above information to a
designated engineer or other expert person or agency for technical assistance in determining
whether the proposed use is in the floodway or flood fringe district and to determine the regulatory
flood protection elevation. Procedures consistent with Minnesota Rules, Parts 6120.5000 -
6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation.
The designated engineer or expert is strongly encouraged to discuss the proposed technical
evaluation methodology with the respective Department of Natural Resources area hydrologist
prior to commencing the analysis. The designated engineer or expert shall:
a. Estimate the peak discharge of the regional flood.
b. Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
c. Compute the floodway necessary to convey or store the regional flood without
increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot
shall be required if, as a result of the additional stage increase, increased flood
damages would result. An equal degree of encroachment on both sides of the
stream within the reach shall be assumed in computing floodway boundaries.
3. The Community Development Director shall present the technical evaluation and
findings of the designated engineer or expert to the City Council. The City Council must formally
accept the technical evaluation and the recommended floodway and/or flood fringe district
boundary or deny the permit application. The City Council, prior to official action, may submit the
application and all supporting data and analyses to the Federal Emergency Management Agency,
the Department of Natural Resources or the Planning Commission for review and comment. Once
the floodway and flood fringe district boundaries have been determined, the City Council shall
refer the matter back to the Community Development Director who shall process the permit
application consistent with the applicable provisions of City Code Sections 11-10-4 and 11-10-5.
11-10-7: SUBDIVISIONS:
A. Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding,
inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain
districts shall be able to contain a building site outside of the floodway district at or above the
regulatory flood protection elevation. All subdivisions shall have water and sewage treatment
facilities that comply with the provisions of this Chapter and have road access both to the
subdivision and to the individual building sites no lower than two feet (2') below the regulatory
flood protection elevation. For all subdivisions in the floodplain, the floodway and flood fringe
district boundaries, the regulatory flood protection elevation and the required elevation of all
access roads shall be clearly labeled on all required subdivision drawings and platting documents.
B. F000dway/Flood Fringe Determinations in the General Floodplain District: In the General
Floodplain District, applicants shall provide the information required in City Code Section 11-10-
6.13 to determine the 100-year flood elevation, the floodway and flood fringe district boundaries
and the regulatory flood protection elevation for the subdivision site.
C. Removal of Special Flood Hazard Area Designation: The Federal Emergency
Management Agency (FEMA) has established criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above the 100-year flood elevation.
FEMA's requirements incorporate specific fill compaction and side slope protection standards for
multi -structure or multi -lot developments. These standards should be investigated prior to the
initiation of site preparation if a change of special flood hazard area designation will be requested.
11-10-8: PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES:
A. Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the floodplain shall be floodproofed in accordance with the State
Building Code or elevated to above the regulatory flood protection elevation.
B. Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within
the floodplain shall comply with City Code Sections 11-10-4 and 11-10-5. Elevation to the
regulatory flood protection elevation shall be provided where failure or interruption of these
transportation facilities would result in danger to the public health or safety or where such facilities
are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be
constructed at a lower elevation where failure or interruption of transportation services would not
endanger the public health or safety.
C. On Site Sewage Treatment and Water Supply Systems: Where public utilities are not
provided:
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1. On site water supply systems must be designed to minimize or eliminate infiltration of
floodwaters into the systems; and
2. New or replacement on -site sewage treatment systems must be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges from the systems into
floodwaters and they shall not be subject to impairment or contamination during times of flooding.
3. Any sewage treatment system designed in accordance with the state's current
statewide standards for on -site sewage treatment systems shall be determined to be in
compliance with this Section.
11-10-9: MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND
PLACEMENT OF RECREATIONAL VEHICLES:
A. New manufactured home parks and expansions to existing manufactured home parks
shall be subject to the provisions placed on subdivisions by City Code Section 11-10-7.
B. The placement of new or replacement manufactured homes in existing manufactured
home parks or on individual lots of record that are located in floodplain districts will be treated as
a new structure and may be placed only if elevated in compliance with City Code Section 11-10-
5. If vehicular road access for preexisting manufactured home parks is not provided in accordance
with City Code Section 11-10-5.E.1, then replacement manufactured homes will not be allowed
until the property owner(s) develops a flood warning emergency plan acceptable to the City
Council.
1. All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods of anchoring
may include, but are not to be limited to, use of over the top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring requirements for resisting wind
forces.
C. Recreational vehicles that do not meet the exemption criteria specified in subsection CA
of this Section shall be subject to the provisions of this Chapter and as specifically spelled out in
subsections C.3 through CA of this Section.
1. Exemption: Recreational vehicles are exempt from the provisions of this Chapter if
they are placed in any of the areas listed in subsection C.2 of this Section and meet the following
criteria:
a. Have current licenses required for highway use.
b. Are highway ready meaning that they are on wheels or an internal jacking system,
are attached to the site only by quick disconnect type utilities commonly used in
campgrounds and recreational vehicle parks, and the recreational vehicle has no
permanent structural type additions attached to it.
c. The recreational vehicle and associated use must be permissible in the underlying
zoning district.
2. Areas Exempted for Placement of Recreational Vehicles: Recreational vehicles that
meet the criteria in subsection CA of this Section are exempt from the provisions of this Chapter
only if they are placed in one of the following locations:
a. Individual lots or parcels of record.
b. Existing commercial recreational vehicle parks or campgrounds.
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c. As part of an existing condominium type association.
3. Recreational Vehicles Exempted: Recreational vehicles exempted in subsection C1 of
this section lose the exemption when development occurs on the parcel exceeding five hundred
dollars ($500.00) for a structural addition to the recreational vehicle or exceeding five hundred
dollars ($500.00) for an accessory structure such as a garage or storage building. The
recreational vehicle and all additions and accessory structures will then be treated as a new
structure and shall be subject to the elevation/floodproofing requirements and the use of land
restrictions specified in City Code Sections 11-10-4 and 11-10-5. There shall be no development
or improvement on the parcel or attachment to the recreational vehicle that hinders the removal
of the recreational vehicle to a flood free location should flooding occur.
4. New Recreational Vehicle Parks or Campgrounds: New commercial recreational
vehicle parks or campgrounds and new residential type subdivisions and condominium
associations and the expansion of any existing similar use exceeding five (5) units or dwelling
sites shall be subject to the following:
a. Any new or replacement recreational vehicle will be allowed in the floodway or
flood fringe districts provided said recreational vehicle and its contents are placed
on fill above the regulatory flood protection elevation and proper elevated road
access to the site exists in accordance with City Code Section 11-10-5.E.1. No fill
placed in the floodway to meet the requirements of this Section shall increase flood
stages of the 100-year or regional flood.
b. All new or replacement recreational vehicles not meeting the criteria of subsection
CA.a of this Section may, as an alternative, be allowed as a conditional use if in
accordance with the following provisions and the provisions of City Code
Section 11-10-10.D. The applicant must submit an emergency plan for the safe
evacuation of all vehicles and people during the 100-year flood. Said plan shall be
prepared by a registered engineer or other qualified individual, shall demonstrate
that adequate time and personnel exist to carry out the evacuation, and shall
demonstrate the provisions of subsections C.1.a and C.1.b of this Section will be
met. All attendant sewage and water facilities for new or replacement recreational
vehicles must be protected or constructed so as to not be impaired or
contaminated during times of flooding in accordance with City Code Section 11-
10-8.C.
11-10-10: ADMINISTRATION:
A. Community Development Director: The Community Development Director shall administer
and enforce this Chapter. If the Community Development Director finds a violation of the
provisions of this Chapter the Community Development Director shall notify the person
responsible for such violation in accordance with the procedures stated in City Code.
B. Permit Requirements:
1. Permit Required: A permit issued by the Community Development Director in
conformity with the provisions of this Chapter shall be secured prior to the erection, addition,
modification, rehabilitation (including normal maintenance and repair), or alteration of any
building, structure, or portion thereof; prior to the use or change of use of a building, structure, or
land; prior to the construction of a dam, fence, or onsite septic system; prior to the change or
extension of a nonconforming use; prior to the repair of a structure that has been damaged by
flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials,
or the storage of materials or equipment within the floodplain.
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2. Application for Permit: Application for a permit shall be made in duplicate to the
Community Development Director on forms furnished by the Community Development Director
and shall include the following where applicable: plans in duplicate drawn to scale, showing the
nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or
storage of materials; and the location of the foregoing in relation to the stream channel.
3. State and Federal Permits: Prior to granting a permit or processing an application for
a conditional use permit or variance, the Community Development Director shall determine that
the applicant has obtained all necessary state and federal permits.
4. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use: It shall
be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part
thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure
until a certificate of zoning compliance shall have been issued by the Community Development
Director stating that the use of the building or land conforms to the requirements of this Chapter.
5. Construction and Use to be as Provided on Applications, Plans, Permits, Variances
and Certificates of Zoning Compliance: Permits, conditional use permits, or certificates of zoning
compliance issued on the basis of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and applications, and no other
use, arrangement, or construction. Any use, arrangement, or construction at variance with that
authorized shall be deemed a violation of this Chapter, and punishable as provided by City Code.
6. Certification: The applicant shall be required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the finished fill and
building elevations were accomplished in compliance with the provisions of this Chapter.
Floodproofing measures shall be certified by a registered professional engineer or registered
architect.
7. Record of First Floor Elevation: The Community Development Director shall maintain
a record of the elevation of the lowest floor (including basement) of all new structures and
alterations or additions to existing structures in the floodplain. The Community Development
Director shall also maintain a record of the elevation to which structures or alterations and
additions to structures are floodproofed.
8. Notifications for Watercourse Alterations: The Community Development Director shall
notify, in riverine situations, adjacent communities and the Commissioner of the Department of
Natural Resources prior to the City authorizing any alteration or relocation of a watercourse. If the
applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota
Statutes, Chapter 103G, this shall suffice as adequate notice to the commissioner of natural
resources. A copy of said notification shall also be submitted to the Chicago regional office of the
Federal Emergency Management Agency (FEMA).
9. Notification to FEMA When Physical Changes Increase or Decrease The 100-Year
Flood Elevation: As soon as is practicable, but not later than six (6) months after the date such
supporting information becomes available, the Community Development Director shall notify the
Chicago regional office of FEMA of the changes by submitting a copy of said technical or scientific
data.
C. Board of Adjustments and Appeals:
1. Administrative Review: The Board of Adjustments and Appeals shall hear and decide
appeals where it is alleged there is error in any order, requirement, decision, or determination
made by an administrative official in the enforcement or administration of this Chapter.
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2. Variances: The Board of Adjustments and Appeals may authorize upon appeal in
specific cases such relief or variance from the terms of this Chapter as will not be contrary to the
public interest and only for those circumstances such as hardship, practical difficulties or
circumstances unique to the property under consideration. In the granting of such variance, the
Board of Adjustments and Appeals shall clearly identify in writing the specific conditions that
existed consistent with the criteria specified in this chapter, other zoning regulations in the City,
and applicable state law, that justified the granting of the variance. No variance shall have the
effect of allowing in any district uses prohibited in that district, permit a lower degree of flood
protection than the regulatory flood protection elevation for the particular area, or permit standards
lower than those required by state law. The following additional variance criteria of the federal
emergency management agency must be satisfied:
a. Variances shall not be issued within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
b. Variances shall only be issued upon: 1) a showing of good and sufficient cause, 2)
a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and 3) a determination that the granting of a variance
will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or ordinances.
c. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
3. Hearings: Upon filing with the Board of Adjustments and Appeals of an appeal from a
decision of the Community Development Director, or an application for a variance, the Board of
Adjustments and Appeals shall fix a reasonable time for a hearing and give due notice to the
parties in interest as specified by law. The Board of Adjustments and Appeals shall submit by mail
to the Commissioner of the Department of Natural Resources a copy of the application for
proposed variances sufficiently in advance so that the Commissioner will receive at least ten (10)
days' notice of the hearing.
4. Decisions: The Board of Adjustments and Appeals shall arrive at a decision on such
appeal or variance within the time required by law. In passing upon an appeal, the Board of
Adjustments and Appeals may, so long as such action is in conformity with the provisions of this
chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or
determination of the Community Development Director or other public official. It shall make its
decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a
variance the Board of Adjustments and Appeals may prescribe appropriate conditions and
safeguards such as those specified in City Code Section 11-10-10.D.7, which are in conformity
with the purposes of this Chapter. Violations of such conditions and safeguards, when made a
part of the terms under which the variance is granted, shall be deemed a violation of this Chapter.
A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of the
Department of Natural Resources within ten (10) days of such action.
5. Appeals: Appeals from any decision of the Board of Adjustments and Appeals may be
made, and as specified in the City Code Section 11-2-13.
6. Flood Insurance Notice and Recordkeeping: The Community Development Director
shall notify the applicant for a variance that: a) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates for flood insurance up to amounts
as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage
14
and b) such construction below the 100-year or regional flood level increases risks to life and
property. Such notification shall be maintained with a record of all variance actions. The City shall
maintain a record of all variance actions, including justification for their issuance, and report such
variances issued in its annual or biennial report submitted to the administrator of the national flood
insurance program.
D. Conditional Uses: The procedures in City Code Section 11-2-8 shall apply to all
applications for conditional use permits under this Chapter. The following additional provisions
shall apply to such applications:
1. Copy of Application: The Community Development Director shall mail to the
Commissioner of the Department of Natural Resources a copy of the conditional use permit
application sufficiently in advance so that the Commissioner will receive at least ten (10) days'
advance notice of the public hearing on the application.
2. Copy of Decisions Granted: The Community Development Director shall mail to the
Commissioner of the Department of Natural Resources a copy of all decisions granting conditional
use permits within ten (10) days of such action.
3. Information Required for Applications: Applications for conditional use permits must
include the following information:
a. Plans in triplicate drawn to scale showing the nature, location, dimensions, and
elevation of the lot, existing or proposed structures, fill, storage of materials,
floodproofing measures, and the relationship of the above to the location of the
stream channel; and
b. Specifications for building construction and materials, floodproofing, filling,
dredging, grading, channel improvement, storage of materials, water supply and
sanitary facilities.
4. Copy of Information to Designated Engineer: The Community Development Director
will transmit one copy of the information described in subsection D.3 of this Section to a
designated engineer or other expert person or agency for technical assistance, where necessary,
in evaluating the proposed project in relation to flood heights and velocities, the seriousness of
flood damage to the use, the adequacy of the plans for protection, and other technical matters.
Based upon the technical evaluation of the designated engineer or expert, the City Council shall
determine the specific flood hazard at the site and evaluate the suitability of the proposed use in
relation to the flood hazard.
5. Factors Upon Which Decision Shall be Based: In passing upon conditional use
applications, the City Council shall consider all relevant factors specified in other Sections of this
Chapter, and:
a. The danger to life and property due to increased flood heights or velocities caused
by encroachments.
b. The danger that materials may be swept onto other lands or downstream to the
injury of others or they may block bridges, culverts or other hydraulic structures.
c. The proposed water supply and sanitation systems and the ability of these systems
to prevent disease, contamination, and unsanitary conditions.
d. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner.
15
e. The importance of the services provided by the proposed facility to the community.
f. The requirements of the facility for a waterfront location.
g. The availability of alternative locations not subject to flooding for the proposed use.
h. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area.
The safety of access to the property in times of flood for ordinary and emergency
vehicles.
k. The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site.
Such other factors which are relevant to the purposes of this Chapter.
6. Time for Acting on Application: The City Council shall act on an application in the
manner described above within the time required by law. The City Council shall render a written
decision on the application.
7. Conditions Attached to Conditional Use Permits: Upon consideration of the factors
listed above and the purpose of this Chapter, the City Council shall attach such conditions to the
granting of conditional use permits as it deems necessary to fulfill the purposes of this Chapter.
Such conditions may include, but are not limited to, the following:
a. Modification of waste treatment and water supply facilities.
b. Limitations on period of use, occupancy, and operation.
c. Imposition of operational controls, sureties, and deed restrictions.
d. Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures.
e. Floodproofing measures, in accordance with the State Building Code and this
Chapter. The applicant shall submit a plan or document certified by a registered
professional engineer or architect that the floodproofing measures are consistent
with the regulatory flood protection elevation and associated flood factors for the
particular area.
11-10-11: NONCONFORMING USES:
A structure or the use of a structure or premises which was lawful before the passage or
amendment of this Chapter but which is not in conformity with the provisions of this Chapter may
be continued subject to the following conditions.
A. No such use shall be expanded, changed, enlarged, or altered in a way that increases its
nonconformity.
B. Any structural alteration or addition to a nonconforming structure or nonconforming use
which would result in increasing the flood damage potential of that structure or use shall be
protected to the regulatory flood protection elevation in accordance with any of the elevation on
fill or floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in
the State Building Code, except as further restricted in City Code Sections 11-10-11.C, 11-10-
16
11.D and 11-10-11.E. A structural addition to anon conforming structure must be located outside
of the floodway and must be elevated on fill to the regulatory flood protection elevation in
accordance with subsection 11-10-2.0 of this Chapter.
C. The cost of all structural alterations or additions to any nonconforming structure over the
life of the structure shall not exceed fifty percent (50%) of the market value of the structure unless
the conditions of this Section are satisfied. The cost of all structural alterations and additions must
include all costs such as construction materials and a reasonable cost placed on all manpower or
labor. If the cost of all previous and proposed alterations and additions exceeds fifty percent (50%)
of the market value of the structure, then the structure must meet the standards of Section 11-10-
4 or 11-10-5 of this Chapter for new structures depending upon whether the structure is in the
floodway or flood fringe district, respectively.
D. If any nonconforming use is discontinued for twelve (12) consecutive months, any future
use of the building premises shall conform to this chapter. The assessor shall notify the
Community Development Director in writing of instances of nonconforming uses that have been
discontinued for a period of twelve (12) months.
E. If a substantial improvement occurs from any combination of a building addition to the
outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other
improvement to the inside dimensions of an existing nonconforming structure, then the structural
addition and the existing nonconforming structure must meet the requirements of City Code
Section 11-10-4 or City Code Section 11-10-5 for new structures, depending upon whether the
structure is in the floodway or flood fringe district, respectively. A nonconforming structure shall
not be substantially improved if said structure is located in the floodway.
11-10-12: AMENDMENTS:
A. The floodplain designation on the official zoning map shall not be removed from floodplain
areas unless it can be shown that the designation is in error or that the area has been filled to or
above the elevation of the regulatory flood protection elevation and is contiguous to lands outside
the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural
resources if he or she determines that, through other measures, lands are adequately protected
for the intended use.
B. All amendments to this Chapter, including amendments to the Official Zoning Map, must be
submitted to and approved by the Commissioner of the Department of Natural Resources prior to
adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management
Agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before
adoption. The Commissioner of the Department of Natural Resources must be given ten (10)
days' written notice of all hearings to consider an amendment to this Chapter and said notice shall
include a draft of the ordinance amendment or technical study under consideration.
17
CHAPTER 11
06 CD CONSERVANCY DISTRICT
SECTION:
11-11-1: Purpose
11-11-2: Lands Designated
11-11-3: Interpretation of District Boundaries
11-11-4: Petition Requirements
11-11-5: Permitted Uses
11-11-6: Special Uses
11-11-7: Development Standards
11-11-1: PURPOSE:
The purpose of this District is to establish provisions for areas containing valuable environmental
qualities which, in order to conserve the City's natural resources, preserve the amenities of its
environment, prevent the overcrowding of land, avoid undue concentration of population and
alleviate severe flooding problems, have been determined to best be retained in substantially an
undeveloped state.
11-11-2: LANDS DESIGNATED:
Private Property: Property in private ownership, consisting of ten (10) acres or more, that meets
the requirements, may also be designated for the Conservancy District, but only upon acceptance
of a petition from the property owner.
11-11-3: INTERPRETATION OF DISTRICT BOUNDARIES:
When uncertainty exists as to the Conservancy District boundaries, the following rules shall apply:
A. District boundaries along a stream are intended to represent the high-water line of a
regional flood; provided, however, that along a stream, such line shall not be less than fifty feet
(50') from the center of such stream.
B. District boundaries in a wetland area are intended to represent the edge of a swamp,
marsh or other wetland area. The edge shall be defined as the mark delineating the highest water
level which has been maintained for a sufficient period of time to leave evidence upon the
landscape. The edge is commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial.
C. District boundaries in a public park or common open space are intended to represent the
property lines of such area.
11-11-4: PETITION REQUIREMENTS:
Before any property in private ownership shall
District, the petitioner shall provide the following:
be accepted for inclusion in the Conservancy
A. A survey of the property and a legal description of the property. Such survey shall be
prepared by a registered land surveyor.
B. A topographic map with contour lines designated at an interval of five feet (5') or less.
C. A site plan indicating the location of all trees of fifteen inches (15") in diameter or more, as
well as other environmentally significant features.
D. An agreement, acceptable to the City Council, which specifies the length of time such
petitioner wishes to have his/her property remain in the Conservancy District. Under no
circumstances shall the time period be less than five (5) years.
11-11-5: PERMITTED USES:
The following uses are permitted as a right in the Conservancy District:
A. Agricultural uses.
B. Conservation uses, including drainage control, forestry, wildlife sanctuaries and facilities
for making such uses available and useful to the public.
C. Nature study areas and arboretums.
D. Open space areas connected with residential, commercial and industrial planned unit
developments.
E. Outdoor recreational uses operated by a governmental agency or conservation group,
homeowners' or private associations and facilities for making such uses useful to the public or to
associations.
11-11-6: SPECIAL USES:
If, through good site and engineering designs, a development can be created which is compatible
and harmonious with the natural amenities of the Conservancy District area and with surrounding
land uses, a request for a Planned Unit Development may be submitted in compliance with Title
11, Chapter 12. Such requests shall be accompanied by an overall plan of the entire area showing
roads, parking areas, lot lines, easements, the location of tree cover, including the designation of
individual trees of fifteen inches (15") in diameter or more, the location of other natural and
biological features, such as wetlands and areas of valuable wildlife habitat, the locations of
proposed structures, existing contours and proposed grading, drainage, utilities and landscaping
in such detail as the Community Development Director and City Engineer shall require before
they may be reviewed by the Planning Commission. The approval of such a request by the City
Council shall require a finding that:
A. The development will not detrimentally affect or destroy natural features, such as ponds,
streams, wetlands and forested areas, but will preserve and incorporate such features into the
development's site design.
B. The location of natural features and the site's topography have been considered in the
designing and siting of all physical improvements.
C. Adequate assurances have been received that the clearing of the site topsoil, trees and
other natural features before the commencement of building operations will not occur. Only those
areas approved for placement of physical improvements may be cleared.
D. The development will not substantially reduce the natural retention storage capacity of any
watercourse, thereby increasing the magnitude and column of flood at other locations.
E. The soil and subsoil conditions are suitable for excavation and site preparation, and the
drainage is designed to prevent erosion and environmentally deleterious surface runoff.
F. The development will be free from offensive noise, vibration, smoke, dust and other
particulate matter, odorous matter, fumes, water pollution and other objectionable influences.
G. The petitioner will be substantially damaged by being required to place the intended
development outside the CD District.
11-11-7: DEVELOPMENT STANDARDS:
The following standards for development of land located within the Conservancy District are
required. They are not meant to abridge or otherwise alter any regulations promulgated by the
State Department of Natural Resources or watershed district authority:
A. Minimum Lot Area: Unless intended for a permitted use, the minimum lot area for a
development shall be five (5) acres.
B. Lot Coverage: No more than ten percent (10%) of the lot area located in a CD District shall
be occupied by structures, parking facilities and roadways.
C. Location in Floodprone Areas: Areas of Conservancy Districts which are located in a flood
plain or floodway shall be additionally subject to the provisions of the Floodway and Flood Plain
District.
3
CHAPTER 12
PUD PLANNED UNIT DEVELOPMENT OVERLAY
SECTION:
11-12-1: Purpose
11-12-2: Uses
11-12-3: Application Requirements
11-12-4: Approval Process
11-12-5: Lapse of Approval
11-12-6: Amendments
11-12-1: PURPOSE:
A Planned Unit Development (PUD) is intended to allow flexibility in the zoning process to
encourage innovative design and development. Utilization of a PUD shall meet the goals and
policies of the comprehensive plan and adopted master plans of the City, while preserving the
health, safety, and welfare of its residents. Pursuant to meeting the purpose(s) listed below, this
article may allow modification to zoning and subdivision requirements.
A. To facilitate the economical and efficient provision of streets and public utilities and to
prevent development that would burden the existing tax base or in areas without adequate public
improvements;
B. To facilitate developments that provide a benefit to the City as a whole, through, but not
limited to, higher standards of architectural and site design, enhanced or innovative public
infrastructure, sustainable design, provision of life -cycle and/or affordable housing,
redevelopment or expanded transportation options;
C. Preservation of valuable natural resources and amenities to ensure a higher quality of
environmental conservation;
D. To increase public open space to ensure concentration of open space into more usable
areas and restoration of natural resources.
E. High quality of design and design compatible with surrounding land uses, including both
existing and planned;
F. Sensitive development in transitional areas located between different land uses and along
significant transportation or scenic corridors within the City; and
G. Development which is consistent with the Comprehensive Plan.
11-12-2: USES:
The provisions of this article apply to any zoning district established within the City. Within the
PUD, uses are determined by the underlying zoning district and must be in harmony with the
Comprehensive Plan.
11-12-3: APPLICATION REQUIREMENTS:
The following information is required for each PUD application:
1
A. Location map showing property in relation to the City as a whole and to the City's primary
elements such as streets, schools, parks and shopping areas along with a supporting narrative
description of the applicant's interest in the property in question;
B. A legal description of the property including approximate total acreage;
C. A full set of civil plans for the proposed development, including the following elements:
location of structures; vehicular and pedestrian circulation facilities; parking facilities; housing
densities; open space disposition; grading; building elevations; public utilities including water,
sanitary sewer, and storm water lines and facilities; landscaping plan; lighting plan including
photometrics; and a surface water plan;
D. Grading in plan in conformance with the requirements of City Code Title 9, Chapter 7.
E. Architectural plans for all structures including colored elevation drawings;
F. Preliminary and final plat, if applicable;
G. Landscape and tree preservations plans as required by City Code Sections 11-3-12 and
11-3-13.
11-12-4: APPROVAL PROCESS:
The PUD shall be considered at a public hearing pursuant to City Code Section 11-2-3. Findings
for approval must include the following:
A. The PUD is consistent with the intent of this Chapter;
B. The area surrounding the PUD can be planned and developed in coordination and
substantial compatibility with the proposed PUD;
C. Any variation of flexibility from zoning standards most similar in function to the proposed
PUD must produce results equal to or better than those achieved by the applicable zoning
standard.
11-12-5: LAPSE OF APPROVAL:
Lapse pursuant to City Code Section 11-2-12.
11-12-6: AMENDMENTS:
A. Amendments to an approved PUD shall be administered by submitting an application with
the appropriate fees as follows:
B. Minor Amendments: Minor amendments to a PUD are:
1. Size increases to signage approved as part of the PUD;
2. Landscape changes;
3. Parking lot configuration changes (not change in number of spaces);
4. Less than a ten percent (10%) change in floor area in any one (1) structure;
5. Less than a ten percent (10%) change in the approved separation of buildings;
6. Less than five percent (5%) change in the ground area covered by the project;
7. Less than a five percent (5%) change in the number of residential units; or
8. Less than a five percent (5%) change in the number of parking spaces.
C. Major Amendments: Major amendments to a PUD are:
1. Any decrease in the amount of approved open space;
2. More than a ten percent (10%) change in floor area in any one (1) structure;
3. More than a ten percent (10%) change in the approved separation of buildings;
4. Any change in the original approved setbacks from property lines;
5. More than five percent (5%) change in the ground area covered by the project;
6. More than five percent (5%) change in the number of parking spaces; or
7. The introduction of new uses not included in the PUD approval.
D. Review of Minor Amendments: Proposed minor amendments to a PUD shall be reviewed
and decided by the Community Development Director. The Community Development Director
may determine that a proposed "minor" amendment is a "major" amendment and may refer such
proposed amendments to the Planning Commission and City Council according to the procedure
established in City Code Section 11-2-4.
E. Review of Major Amendments. Any major amendment to a PUD district shall be
considered by the Planning Commission and City Council pursuant to City Code Section 11-2-4.
CHAPTER 13
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA OVERLAY
DISTRICT
SECTION:
11-13-1: Findings
11-13-2: Purpose and Intent
11-13-3: Critical Area Overlay District Established
11-13-4: Boundaries of District
11-13-5: Permitted Uses
11-13-6: Permitted Accessory Uses
11-13-7: Existing Structures and Uses
11-13-8: Development Standards
11-13-9: Site Planning Requirements
11-13-10: Natural Resource Management
11-13-11: River Surface Use
11-13-12: Road, Utility and Pipeline Construction and Routing Regulations
11-13-13: Marinas, Barge Fleeting and Loading Facilities
11-13-14: River Front Use and Access
11-13-15: Sewage Treatment Plants, Sewage Outfalls and Water Intake Facilities
11-13-16: Administration of Provisions
11-13-1: FINDINGS:
The City finds that the Mississippi River Corridor within the Metropolitan Area and the City is a
unique and valuable local, State, regional and national resource. The river is an essential element
in the local, regional, State and national transportation, sewer and water and recreational system
and serves important biological and ecological functions. The prevention and mitigation of
irreversible damage to this resource and the preservation and enhancement of its natural,
aesthetic, cultural and historic values is in furtherance of the health, safety and general welfare of
the City.
11-13-2: PURPOSE AND INTENT:
It is the purpose and intent of this Chapter to prevent and mitigate irreversible damage to this
unique State, local, regional and national resource to promote orderly development of the
residential, commercial, industrial, recreational and public areas, to preserve and enhance its
values to the public and protect and preserve the system as an essential element in the City's
transportation, sewer and water and recreational systems in accordance with the following
policies:
A. The Mississippi River Corridor shall be managed as a multi- purpose public resource by
continuing use of the river channel for transportation, continuing use of certain areas for fleeting
for river transportation, conserving the scenic, environmental, recreational, mineral, economic,
cultural and historic resources and functions of the river corridor and providing for the continuation
of development of a variety of urban uses within the river corridor.
B. The Mississippi River Corridor shall be managed in a manner consistent with its natural
characteristics and its existing development and in accordance with regional plans for the
development of the Metropolitan Area.
C. The Mississippi River Corridor shall be managed in accordance with the Critical Areas Act
of 1973.
11-13-3: CRITICAL AREA OVERLAY DISTRICT ESTABLISHED:
A Critical Area Overlay District with its attendant regulations is hereby established as part of this
Title. This District shall overlay the zoning districts established by this Title so that any parcel of
land lying in the Overlay District shall also lie in one or more of the underlying established zoning
districts. Territory within the Overlay District shall be subject to the requirements established in
the Overlay District in addition to restrictions and requirements established by other applicable
ordinances and regulations of the City. Within the Overlay District, all uses shall be permitted in
accordance with the regulations for the underlying zoning district(s); provided, that such uses shall
not be entitled to or issued the appropriate development permit until they have first satisfied the
additional requirements established in this Chapter.
11-13-4: BOUNDARIES OF DISTRICT:
This Chapter shall apply to the area designated by the Governor's Critical Area Designation Order
dated November 23, 1976, and shown on Figure 3 of the Critical Area Plan.
11-13-5: PERMITTED USES:
The rural open space district classification of the Mississippi River Corridor Critical Area includes
land uses which shall be used and developed to preserve their open, scenic and natural
characteristics and ecological and economic functions. The following land uses shall be permitted
within the boundaries of the River Corridor Overlay District:
A. Agricultural, except new feedlots.
B. Commercial and industrial facilities. Expansion of existing facilities only when they can be
served by existing public or private sewerage, water and transportation facilities, and where the
expansion has been determined to have no impact on regional systems.
C. Essential services, public safety facilities.
D. Mining and extraction, upon approval of either rezoning or conditional use permit,
reclamation plan and conditions of excavation regulations.
E. One -family detached dwellings restricted to areas where on -site wastewater disposal
systems can be utilized.
F. Open space, including park reserves, recreational land and conservancy districts.
G. Transportation and utility facilities.
11-13-6: PERMITTED ACCESSORY USES:
Accessory uses which are incidental to the permitted uses of the property are permitted.
11-13-7: EXISTING STRUCTURES AND USES:
A. Generally: Any existing structure or use of property which is inconsistent with this Chapter
shall not be eligible for any permit granted for expansion, change of use, renewal of existing permit
or building permit, unless the following criteria are met. Residential and agricultural structures and
uses shall be exempt from this provision:
1. The applicant shall provide and maintain adequate screening of the structure from the
water through the use of natural vegetative means.
2. Expansion of existing structures shall be in a direction away from the river front.
3. The public's ability to view the river and river corridor from existing public streets shall
not be further degraded by the proposed activity.
B. Signs:
1. Advertising signs are prohibited between the flood fringe borderline and all County,
State or Federal highways located within one thousand feet (1,000') of the line, except where the
river cannot be viewed from the highway due to natural topography or existing buildings.
2. All advertising signs permitted within the critical area outside the area set forth in
subsection B1 of this Section shall conform with the provisions of the Sign Ordinance or other
appropriate applicable ordinances.
3. Views of the water from vistas and public roads shall not be impaired by the placement
of business or advertising signs.
4. Advertising signs may be located only on the shore side of public transportation routes
which are parallel and adjacent to the river front.
C. Nonconforming Uses and Structures: Any structure or use existing upon the effective date
of this Chapter.
11-13-8: DEVELOPMENT STANDARDS:
A. Objectives: The objectives of dimensional standards are to maintain the aesthetic integrity
and natural environment of the Mississippi River Corridor Critical Area. These standards are
designed to protect and enhance the shoreline and bluff areas, as well as provide sufficient
setback for on -site sanitary facilities, to prevent erosion of bluffs, to minimize flood damage and
to prevent pollution of surface and ground water.
B. Lot Density And Size: Density of residential development in areas without sanitary sewer
shall not exceed four (4) dwelling units per quarter/quarter section and is permitted in the AG-2
Agricultural District, except the minimum lot size for a single-family structure shall be at least three
(3) acres, unless the lot is part of a planned cluster development as provided in subsection H3 of
this Section, or unless the lot was approved by the City and such lot was recorded in the office of
the County Register of Deeds prior to April 25, 1975, and meets the minimum lot requirements
under City Code.
C. Structure Setbacks: All new structures shall meet the following minimum setbacks:
1. Setback from Bluff Line: No structure shall be constructed less than one hundred feet
(100') landward from the bluff line of the river.
2. Setback from Normal High Water Mark: No structure or road shall be constructed less
than one hundred feet (100') from the normal high water mark of any water body.
3. Exceptions: Exceptions to the setback provisions shall be:
a. Public safety facilities, public bridges and their roadway approaches, railroad
sidings, public and private roadways serving water -related uses on the river front.
b. Public recreation facilities, scenic overlooks, public observation platforms and the
regional trail system, docks, and boat launching facilities.
c. Approved river crossings of essential services distribution systems which are
primarily underground except for terminal and metering devices not exceeding six
feet (6') in height, and support structures for transmission crossing spans.
d. The construction of aboveground pumping stations which shall be screened from
view of the river.
e. The reconstruction or restoration of historical structures or sites on the inventory
of the State Historical Society or the National Register of Historic Places.
f. Aggregate processing and barge loading facilities as a replacement of existing
facilities.
g. Construction of a single-family dwelling on a lot approved by the City and recorded
in the office of the County Register of Deeds prior to April 25, 1975, and where the
abutting lots have been developed prior to the establishment of these regulations.
In no case shall a dwelling be placed closer to the bluff line or normal high water
mark than the average setback of the structures on the adjacent lots.
D. Height of Structures: All new structures shall be limited to thirty-five feet (35'); except, that
the following may be allowed:
1. Barns, silos and similar farm structures.
2. Essential service distribution systems.
3. Bridges, bridge approach roadways and transmission services.
4. Restoration and construction of historical sites and structures.
5. Structures associated with mining and excavation.
6. Expansion of existing industrial complexes.
E. Line of Sight: Development of new and the expansion of existing water -related uses such
as barge loading facilities shall be screened by berms and natural vegetation where practical.
F. On -Site Sewage Disposal Systems:
1. Any premises intended for human occupancy must be provided with an adequate
method of sewage disposal. Public or Municipal collection and treatment facilities must be used
where available and where feasible. Where public or Municipal facilities are not available, all on -
site individual sewage disposal systems shall conform to the minimum standards as set forth in
the standards of WPC-40 as interpreted by the State Pollution Control Agency and the on -site
system management provisions set forth in the Comprehensive Plan.
2. All parts of an on -site sewage disposal system shall be located at least one hundred
fifty feet (150') from the normal high water mark and from bluff lines.
3. No on -site sewage disposal system shall be placed within designated flood plains.
2
G. Uses Within Designated Flood Plains: All land in the Mississippi River Corridor Critical
Area that is within the designated flood plain shall comply with the standards of Chapter 12 of this
Title.
H. Subdivision of Property for Residential, Commercial and Industrial Development:
1. No land shall be subdivided which is found to be unsuitable for reason of flooding,
inadequate drainage, soil and rock formations with severe limitations for development, severe
erosion potential, unfavorable topography, inadequate water supply or sewer disposal capabilities
or any other feature likely to be harmful to the health, safety or welfare of the future residents of
the proposed subdivision or the community. The Planning Commission, in applying the provisions
of this Section, shall in writing cite the particular features upon which it bases its conclusions that
the land is not suitable for the proposed use and afford the subdivider an opportunity to present
evidence regarding such suitability. Thereafter, the Commission may affirm, modify or withdraw
its determination of unsuitability.
2. All subdivisions shall comply with the applicable provisions of City Code Title 10.
3. For planned cluster developments, a pattern of residential subdivision development
which places dwelling units into compact groupings may be allowed when the proposed clustering
provides a better means of preserving agricultural land, open space, woods, scenic views,
wetlands and other features of the natural environment than traditional subdivision development.
Except for minimum setbacks and height limits, altered dimensional standards may be allowed
as exceptions for planned cluster developments, provided:
a. The number of dwelling units allowed shall not exceed the total number of dwelling
units allowed if the development was based on the minimum lot size requirements
for a single-family residential subdivision.
b. No lot shall be less than one and one-half (1112) acres in a planned cluster
development.
I. Protection of Natural Features: The governing body may require the preservation of
natural features such as large trees, watercourses, scenic points, historical sites and similar
community assets and may decline approval of a subdivision or other development if provision is
not made for preservation of these assets.
J. Dedication of River Front and Park Lands: In all subdivisions which embrace in whole or
in part a proposed park, scenic overlook, trail, drainageway, river front or other open space as
shown in the Critical Area Plan, these areas shall be considered for dedication to the public
according to the procedures set forth in City Code Title 10.
11-13-9: SITE PLANNING REQUIREMENTS:
A. Site Plan Required; Exceptions: No building permit, zoning approval or subdivision
approval permit or certificate shall be issued for any action located in an area covered by this
Chapter until a site plan has been prepared and approved in accordance with the provisions of
this Section. All or portions of the site planning requirements may be waived in the following cases:
1. The construction or alteration of a single-family detached dwelling and its associated
accessory buildings on an individual lot.
2. Agricultural buildings.
3. Any other situation where the Director of Community Development determines that the
preparation and review of a detailed site plan is unnecessary to meet the objectives of this
Section.
B. Application and Contents of Plan: A written application for site plan approval and required
site plans shall be submitted to the Director of Community Development according to the
procedures set forth in City Code Section 11-2-4. The site plan shall contain the following
information, in addition to those requirements listed in City Code Section 11-2-4:
1. The topography map shall clearly delineate any bluff line, all streams, including
intermittent streams and swales, rivers, water bodies and wetlands located on the site, including
depth of water, bottom slope, a description of body materials and all vegetation which may be
found in the water body, a statement of water turbidity, a statement of water quality and a
classification given to the water body by the State Department of Natural Resources and the
Minnesota Pollution Control Agency, if any. The topography map shall indicate the floodway
and/or flood fringe lines and shall indicate the normal high water mark of the river.
2. A plan delineating existing drainage of the water, setting forth in which direction the
volume and at what rate storm water is conveyed from the site and setting forth those areas of
the site where storm water collects and is gradually percolated into the ground or slowly released
to a stream or lake.
3. A description of the soils of the site, including a map indicating soil types by areas to
be disturbed as well as a soil report prepared by a soil scientist containing information on the
suitability of the soils for the type of development proposed and for the type of sewage disposal
proposed and describing any remedial steps to be taken by the developer to render the soils
suitable. All areas proposed for grading shall be identified by soil type, both as to soil type of
existing topsoil and soil type of the new contour. The location and extent of any erosion areas
shall be indicated. The stability of rock units along bluff lines and faces shall be included in the
soils description.
4. A description of the flora and fauna which occupy the site or are occasionally found
thereon, setting forth with detail those areas where unique plant or animal species may be found
on the site.
5. A description of any features, buildings or areas which are of historic significance.
6. A proposed drainage plan of the developed site delineating in which direction the
volume and at what rate storm water will be conveyed from the site and setting forth the areas of
the site where storm water will be allowed to collect and gradually percolate into the ground or be
slowly released to a stream or lake. The plan shall also set forth hydraulic capacity of all structures
to be constructed or existing structures to be utilized, including volume of holding ponds and
design storm.
7. An erosion and sedimentation control plan indicating the type, location and necessary
technical information on control measures to be taken both during and after construction, including
a statement expressing the calculated anticipated gross soil loss expressed in tons/acre/year both
during and after construction.
8. A description of the method to be provided for vehicular and pedestrian access to the
proposed development and public access to the river and/or public river view opportunities both
before and after development; a description of the development's impact on existing views of and
along the river.
9. A delineation of the areas to be dedicated for public use.
10. A delineation of the location and amounts of excavated soils to be stored on the site
during construction.
11. Any other information pertinent to the particular project which, in the opinion of the
inspector or applicant, is necessary or helpful for the review of the project.
11-13-10: NATURAL RESOURCE MANAGEMENT:
The City hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands,
habitat areas, areas subject to soil erosion and areas containing restrictive soils adversely affects
the public health, safety and general welfare by contributing to pollution and other environmental
problems, creating nuisances, impairing other beneficial uses of environmental resources and
hindering the ability of the City to provide adequate community services. Therefore, the following
standards have been developed to promote, preserve and enhance the natural resources within
the corridor and to protect them from adverse effects by regulating developments that would have
a severe adverse and potentially irreversible impact on unique and fragile environmentally
sensitive land within the Mississippi River Corridor Critical Area:
A. Standards for Soil Erosion Control: Since certain areas within the corridor have steep
slopes or unstable soils which may cause ecological problems due to siltation and pollution of
water bodies and streams, the following standards shall be applied to all development within the
corridor except certain areas designated for mining or excavation which shall comply with soil
erosion standards in the Mining Ordinance:
1. No development shall be permitted on slopes of eighteen percent (18%) or more.
2. No development shall be permitted on land having a slope before alteration in excess
of twelve percent (12%) but less than eighteen percent (18%), unless the applicant shall prove
that the following conditions are met:
a. The foundation and underlying material of any structure, including roads, shall be
adequate for the slope condition and soil type.
b. Adequate controls and protections exist uphill from the proposed development
such that there is no danger of structures or roads being struck by falling rock,
mud, uprooted trees or other materials.
c. The view of the developed slope from the river and opposite river bank is consistent
with the natural appearance of the undeveloped slope, consistent with any historic
areas nearby, compatible with the view from historic areas and compatible with
surrounding architectural features. To the maximum extent possible, the use of
natural devices, including vegetation management, shall be preferred over the
construction of artificial devices, including culverts, holding ponds, walls and
terracing.
d. All structures other than buildings and roadway surfaces, but including retaining
walls, shall meet the following design requirements:
(1) Retaining walls or terrace contours shall not exceed five feet (5') in height.
(2) Construction shall be of native stone or wood.
(3) The use of gavvions, pilings, tiebacks, metal retaining walls and precast or cast
in place concrete retaining walls is specifically prohibited.
(4) The minimum space between terraces and retaining walls shall be twenty feet
(20').
e. Development activities shall be conducted and staged to minimize soil erosion.
The smallest practical increment of land shall be developed at any one time, and
that increment shall be subjected to erosion for the shortest practical period of time,
not to exceed a single construction season.
f. Sufficient control measures and retention facilities shall be put in place prior to
commencement of each development increment to limit gross soil loss from the
development site to no more than five (5) tons per acre per year during
development. Gross soil loss from construction sites adjacent to streams and lakes
shall not exceed two (2) tons per acre per year.
g. Conditions on the site shall be stabilized within thirty (30) days following completion
of the work such that the yearly gross soil loss from the site will be less than five -
tenths (0.5) ton per acre.
B. Standards for Development on Restrictive Soils: Certain soils in the corridor, without
proper management, are unsuitable for development due to specific conditions which increase
the probability of pollution of ground water, erosion or other problems detrimental to the public
health, safety and welfare. Therefore, the following standards shall be applied to any development
designated or identified as an area of restrictive or unsuitable soil:
1. Development of on -site waste disposal systems shall conform to the standards of the
WPC-40 as interpreted by the State Pollution Control Agency and the on -site system
management provision set forth in the utilities element of the Comprehensive Plan.
2. No residential development shall be permitted on soils which are susceptible to severe
changes in physical volume when moistened or are susceptible to changes in volume during
periods of frost, unless the applicant proves that construction techniques capable of overcoming
the restrictive condition will be utilized.
3. Industrial uses requiring bulk storage of chemicals will not be allowed in wet soils,
shallow soils or soils with permeability rates faster than five -tenths (0.5) minutes per inch.
4. No solid waste disposal shall be permitted in soils having a permeability rate between
five -tenths (0.5) minutes per inch and five (5.0) minutes per inch or soils over fractured carbonate
bedrock within fifty feet (50') of the ground surface.
5. Development which will result in unusual road maintenance costs or utility line
breakages due to soil limitations, including high frost action, shall not be permitted.
6. The lowest floor elevation of buildings if used for living quarters or work area shall be
at least three feet (3') above the seasonal high water level of any wetland.
C. Standards For Wetland Protection: No area defined and designated as a wetland shall be
developed without first obtaining a conditional use permit. No permit shall be issued unless the
proposed development complies with the following standards:
1. Filling: A minimum amount of filling may be allowed when necessary, but in no case
shall the following restrictions on total amount of filling be exceeded:
a. Total filling shall not cause the total natural flood storage capacity of the wetland
to fall below the projected volume of runoff from the whole developed watershed
generated by a six-inch (6") rainfall in twenty four (24) hours.
b. Filling in a wetland shall not exceed the excess storage and nutrient stripping
capacities of the wetland based on the ultimate projected development of the
wetland watershed.
c. Only fill free of chemical pollutants and organic wastes may be used.
d. Wetlands shall not be used for solid waste disposal.
2. Vegetation: No wetland vegetation may be removed or altered except that reasonably
required for the placement of structures and use of property.
3. Use as Primary Sediment Traps: Wetlands and other water bodies shall not be used
as primary sediment traps during or after construction.
4. Dredging: Dredging may be allowed only when a boat channel is required for access
to a navigable lake or for a marina or when it will not have a substantial or significant adverse
effect upon the ecological and hydrologic characteristics of the wetland and is proposed for a
purpose consistent with the critical area designation. Dredging, when allowed, shall be limited as
follows:
a. It shall be located so as to maximize the activity in the areas of lowest vegetation
density.
b. It shall not significantly change the water flow characteristics.
c. The size of the dredged area shall be limited to the absolute minimum.
d. Disposal of the dredged material shall not result in a significant change in the
current flow or in substantial destruction of vegetation, fish spawning areas or
water pollution.
e. Work in the wetlands will not be performed during the breeding season of waterfowl
or fish spawning season.
f. Only one boat channel or marina shall be allowed per large scale development.
g. In other residential developments, dredging shall be located so as to provide for
the use of boat channels and marinas by two (2) or more adjacent property owners.
h. The width of the boat channel to be dredged shall not be more than the minimum
required for the safe operation of boats at minimum operating speed.
D. Standards For Woodland Protection: No area defined and designated as a woodland area
on Figure 8 of the Critical Area Plan may be developed unless that development complies with
the following standards, with the exception of trees seriously damaged by storms or other natural
causes or diseased trees:
1. Development shall be conducted so that the maximum number of trees are preserved
by the clustering of structures in existing cleared areas and natural clearings, and the utilization
of other site design techniques.
2. Grading, contouring and paving shall not detrimentally affect the root zone aeration
and stability of existing trees, and existing trees shall be provided with a watering area equal to
at least one-half (112) the crown cover.
3. When trees are removed, the permittee will restore the density of the trees, utilizing
nursery stocks of a size generally accepted as suitable for the purpose, to that which existed
before the development; provided, that in no case need the density exceed ten (10) trees per
acre.
4. Development shall not reduce the existing crown cover greater than fifty percent (50%)
and shall be conducted in such a manner as to preserve the understory and litter, unless otherwise
approved by the community.
5. Trees used in reforestation or landscaping must be compatible with the local
landscape and conditions and not presently under disease epidemic.
E. Standards For Wildlife Habitat Protection: In order to protect and preserve unique resource
areas and unique and/or endangered species of plants or animals which populate these areas
from the impact of unplanned development, and to manage such areas and species for
educational, recreational, scientific, aesthetic and conservation purposes, the following standards
shall apply to any development within an area defined or designated as a wildlife habitat area on
Figure 9 of the Critical Area Plan:
1. Structures, including utilities and roadways, shall be sited so as to minimize the impact
on natural areas and unique plant and animal species within the District.
2. No substantial alteration of the natural environment or removal of vegetation may be
permitted, when such alteration or removal would significantly diminish the scientific, historical,
educational, recreational or aesthetic value of the resource, or where the alteration or removal
would remove a unique or endangered plant species or the supporting environment or critical
habitat or a unique or endangered animal species, or where such activities would have a
significant detrimental impact upon the food supply, security and reproductive cycle of the
species.
3. The vibration level, including the generation of vibrations during construction, shall not
be allowed to reach a level which would endanger fragile resources, including geological features.
4. Public access to historically significant natural resource areas or unique and
endangered species of plants and animals should be controlled and limited so as to minimize the
intrusion and impact upon the resources.
5. No uses likely to generate air pollution which will be toxic to plants or animals or
otherwise detrimental to the resource shall be allowed.
6. Development shall not detrimentally affect the existing water quality, including the
chemical, biological and turbidity characteristics of the water body or watercourse.
7. Development shall not cause extreme fluctuations of water levels or unnatural
changes in water temperature or changes in water currents or movements which may have
significant impact on endangered or unique species of the natural resource area.
F. Standards for Grading and Filling: With the exception of approved mining and mineral
extraction operations, grading, filling, excavating or otherwise changing the topography landward
of the ordinary high water mark shall not be conducted without a permit. A permit may be issued
only if:
Earth moving, erosion, vegetative cutting and the destruction of natural amenities
is minimized;
2. The smallest amount of ground is exposed for as short a time as feasible;
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3. Temporary ground cover, such as mulch, is used and permanent ground cover,
such as sod, is planted;
4. Methods to prevent erosion and trap sediment are employed; and
5. Fill is established to accepted engineering standards.
G. Standards for Vegetation Management: The following standards shall apply for
management of vegetation:
1. On developed islands and public recreation lands, the slope or face of bluffs within two
hundred feet (200') of the normal high water mark of the river and within the area forty feet (40')
landward from bluff lines, clear cutting shall not be permitted except for a view corridor as
provided.
2. Twenty five percent (25%) of the width of a lot may be cleared to a depth sufficient to
allow a view corridor. In the remaining seventy five percent (75%) of this strip, cutting shall leave
sufficient cover to screen cars, dwellings and other structures, except boathouses, piers, docks
and marinas, from the view of the water body.
3. On all other lands, clear cutting shall be allowed by conditional use permit and be
guided by the following provisions:
a. The applicant shall demonstrate that there are no feasible or prudent alternatives
to cutting trees on the site.
b. Clear cutting shall not be used where soil, slope or other watershed conditions are
fragile and subject to injury.
c. Clear cutting shall be conducted only where clear-cut blocks, patches or strips are,
in all cases, shaped and blended with the natural terrain.
d. The size of clear-cut blocks, patches or strips shall be kept at the minimum
necessary.
e. Where feasible, all clear cuts shall be conducted between September 15 and May
15. If natural regeneration will not result in adequate vegetable cover, areas in
which clear cutting is conducted shall be replanted to prevent erosion and to
maintain the aesthetic quality of the area where feasible; replanting shall be
performed in the same spring or the following spring.
4. The selective cutting of trees greater than six inches (6") in diameter measured at a
point two feet (2') above ground level shall be allowed by permit when the cutting is appropriately
spaced and staged so that a continuous natural cover is maintained.
5. These vegetative management standards shall not prevent the pruning and cutting of
vegetation to the minimum amount necessary for the construction of bridges and roadways and
for the safe installation, maintenance and operation of essential services and utility transmission
services which are permitted uses.
H. Standards for Surface Water Runoff Management:
1. Raw sewage, seepage from on -site sewage disposal systems, pollutants and
industrial wastes shall not be deposited into public waters.
2. Withdrawal of ground water shall not result in reducing surface water levels.
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3. Water released into the natural drainage system shall be directed so as not to travel
over contaminated surfaces.
4. Storm water runoff may be directed to public water bodies or wetlands; provided, that
storm water runoff is substantially free of silt, debris and chemical pollutants, and only at rates
which will not disturb vegetation or increase turbidity.
5. The quality of water runoff and water infiltrated to the water table or aquifer shall be as
high as it was before development of the site.
6. Development shall not increase the runoff rate or decrease the natural rate of
absorption of storm water.
I. Noise Control in Public Open Space Areas: Noise levels within public open space areas
shall not exceed those for nature exhibits as set forth in Minnesota Regulations NPC-1, 2.
J. Management of Undeveloped Islands: Existing undeveloped islands shall be managed
under the provisions of the Conservancy District and other provisions in the Critical Area Overlay
District. These islands shall be considered open space areas, and no structures except those
provided for in subsection 11-13-8.C.3 of this Chapter shall be allowed.
11-13-11: RIVER SURFACE USE:
Due to problems with erosion of shore land and nuisances because of noise, the following
standards for use of the surface waters within the river corridor shall apply:
A. Water surface use on backwater areas and lakes shall be restricted to noncommercial
navigation only and so as not to cause unnecessary wakes.
B. Docks or piers may be allowed subject to approval by the applicable State or Federal
agencies.
11-13-12: ROAD, UTILITY AND PIPELINE CONSTRUCTION AND ROUTING
REGULATIONS:
A. Utility Facilities: Utility crossings of the Critical Area Corridor or routing within the corridor
shall meet the following standards:
1. Underground placing of the utility facility shall be required unless economic,
technological and land characteristic factors make underground placement infeasible. Economic
considerations alone shall not be made the major determinant regarding feasibility.
2. Overhead crossings, if required, shall meet the following criteria:
a. The crossings shall be adjacent to or part of an existing utility corridor, including
bridge or overhead utility lines.
b. All structures utilized shall be as compatible as practicable with land use, scenic
views and existing transmission structures in height, material, color and design.
c. Right-of-way clearance shall be kept to a minimum.
d. Vegetative screening shall be utilized to the maximum extent consistent with safety
requirements.
e. Routing shall avoid unstable soils, bluff lines or high ridges. The alteration of the
natural environment, including grading, shall be minimized.
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f. The crossings shall be subject to the site planning requirements set forth in City
Code Section 11-13-9.
3. Utility substations shall be subject to the following standards:
a. All substations shall be subject to the site planning requirements set forth in City
Code Section 11-13-9.
b. New substations or refurbishment of existing substations shall be compatible in
height, scale, building materials, landscaping and signing with the surrounding
natural environment or land uses. Screening by natural means is encouraged and
should be compatible with the surrounding environment.
4. Pipelines and underground utility facilities shall be subject to the following standards:
a. All pipelines and underground facilities shall be subject to the site planning
requirements set forth in City Code Section 11-13-9.
b. The facilities shall be located to avoid wetlands, woodlands and areas of unstable
soils.
c. All underground placing of utility facilities and pipelines shall be followed by
revegetation and rehabilitation to the conditions which existed on -site prior to
development.
B. Public and Private Roads and Railways: New roads and railways crossing the Critical Area
Corridor or routed within the Critical Area Corridor shall meet the following standards:
1. Roads and railways shall be constructed to minimize impacts on the natural terrain
and natural landscape.
2. Cuts and fills are to be avoided.
3. All roads and railways shall be subject to the site planning requirements set forth in
City Code Section 11-13-9.
4. New roads and railways shall not utilize the river corridor as a convenient right of way
for new arterials or main lines.
5. New roads and railways shall be restricted to those facilities needed to access existing
and planned residential, commercial and industrial uses.
6. All new roads and railways shall provide safe pedestrian crossing points to allow
access to the river front. Rest areas, vistas and waysides shall be provided.
7. The grades of any streets shall not exceed ten percent (10%).
11-13-13: MARINAS; BARGE FLEETING AND LOADING FACILITIES:
A. Boat Launching Ramps:
1. Boat launching ramps may be located only where access streets are adequate to
handle the traffic load generated by the facility.
2. Shared or joint use accessory parking will be preferred. Loading will be permitted only
at ramps. Parking areas must be screened from the river and adjoining residential property and
located at least one hundred feet (100') from the normal high water mark.
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3. The impact of the accessory parking must not adversely affect the environmental
quality of the site or the surrounding neighborhood.
4. Boat launching ramps and minor accessory buildings and haul -off facilities must be in
character and scale with the surrounding neighborhood.
B. Public Marinas: Public marinas shall be permitted, subject to the following conditions:
1. The marina must have lavatory facilities adequate to serve the marina clientele.
2. Off-street parking areas should be provided in accordance with the requirements set
forth for boat launching ramps.
3. Areas for the winter storing of boats should be naturally screened from view from the
river and from upland lots.
4. The marina shall be designed for and used only by pleasure craft.
5. Maximum height of any buildings or structures shall be thirty five feet (35').
6. Accessory uses customarily incidental to public marinas, including fueling stations,
may be permitted, providing they are consistent in scale and intensity with the marina and
surrounding uses.
C. Barge Fleeting, Loading and Storage: Barge fleeting, loading and storage shall be
permitted only in compliance with the following provisions:
1. Any barge cleaning facilities must be serviced by public sewer.
2. Barge fleeting areas shall be located more than two hundred feet (200') from marina
access and boat access points in order to provide a clear line of site for boaters using these
facilities.
3. Barge fleeting areas shall not be located immediately adjacent to park areas, unless it
is shown that there is no conflict with the park usage.
4. Existing trees shall not be utilized for tie-up facilities.
5. First priority for new barge fleeting sites shall be given to those sites adjoining industrial
and commercial areas and where the topography serves as a buffer from noise and visual
obstructions.
D. Pilings, Dredging and Filling: No pilings shall be driven into the riverbed except as is
necessarily incident to water- dependent uses. Landfill and dredging shall not be permitted except
as incident to a water -dependent use when no feasible alternative exists. Dry land disposal of
dredge spoils shall be authorized on shore sites which contain no unique or valuable resources.
Dry land disposal of dredge spoils shall be subject to the site planning requirements set forth in
City Code Section 11-13-9.
11-13-14: RIVER FRONT USE AND ACCESS:
A. Public Access on Public Property: Public access shall be provided to the river front of
developments on publicly -owned and publicly -controlled river front property, whether leased to
private lessees or not, except where:
1. Unavoidable hazards exist to the public.
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2. Public pedestrian access at a particular location cannot be designed or developed to
provide a pleasant view or recreational experience.
B. Public Access on Private Property: Public access shall be provided to the river front for all
nonwater-dependent uses which are developed as a planned unit development or requiring
subdivision approval.
C. Denial of Access: Access to the river front may be denied to any person who creates a
nuisance or who engages in illegal conduct on the property. Public access may be temporarily or
permanently closed upon a finding that such offensive conduct cannot otherwise be reasonably
controlled.
11-13-15: SEWAGE TREATMENT PLANTS, SEWAGE OUTFALLS AND WATER
INTAKE FACILITIES:
The provision of sewage treatment plants, sewage outfalls and water intake facilities shall:
A. Wherever practicable, conform with the dimensional standards and criteria in City Code
Sections 11-13-8 and 11-13-9.
B. Provide that in the case of public sewage treatment plants, the unused river frontage after
construction shall be made available for public access or recreation open space use if practical.
C. Not include new combined storm and sanitary sewer outfalls.
11-13-16: ADMINISTRATION OF PROVISIONS:
A. Updating And Re -Evaluation of Plans and Regulations:
1. The City may amend its plans and regulations that have been approved by the State
Environmental Quality Board (EQB) by resubmitting the plans and regulations with any
recommended changes thereto to the EQB for consideration.
2. Two (2) years after the EQB's initial approval of the plans and regulations, the City
shall resubmit its plans and regulations, with any recommended changes thereto, for review and
approval by the EQB.
3. Amendments to plans and regulations shall become effective only upon the approval
thereof by the EQB.
B. Variances:
1. Variances from strict compliance with the setback, lot size, height restriction or line of
site requirements contained in this Chapter may be issued by the City Council following a
procedure as required by City Code Section 11-2-5. Variances shall only be granted where there
are particular hardships which make the strict enforcement of this Chapter impractical. "Hardship"
means the proposed use of the property and associated structures in question cannot be
established under the conditions allowed by this Chapter; the plight of the landowner is due to
circumstances unique to his/her property, not created by the landowner after April 25, 1975; and
the variance, if granted, will not alter the essential character of the locality. Economic
considerations alone shall not constitute a hardship for the reasonable use of the property and
associated structures. In addition, no variance shall be granted that would permit any use that is
prohibited in the Critical Area River Corridor.
2. When considering a proposal for a variance or other applications within the Mississippi
River Corridor Critical Area, the Planning Commission and City Council shall address the following
items in making their decision:
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a. Preserving the scenic and recreational resources of the river corridor, especially in
regard to the view from and use of the river.
b. The maintenance of safe and healthful conditions.
c. The prevention and control of water pollution, including sedimentation.
d. The location of the site with respect to floodways, flood plains, slopes and bluff
lines.
e. The erosion potential of the site based on degree and direction of slope, soil type
and vegetative cover.
f. Potential impact on game and fish habitat.
g. Location of the site with respect to existing or future access roads.
The amount of wastes to be generated and the adequacy of the proposed disposal
systems.
The anticipated demand for police, fire, medical and school services and facilities.
The compatibility of the proposed development with uses on adjacent land.
C. Conditional Use Permits: Conditional use permits may be granted after an application
process and a public hearing according to the provisions of City Code Section 11-2-8. A
conditional use permit may be granted only when the following findings are made:
Plan;
1. It is consistent with the intent of the critical area order and the City's Comprehensive
2. It is compatible with uses in the immediate vicinity; and
3. It is permitted by the ordinances of the community.
D. Emergency Actions: A development permit may be issued when certified in writing by the
local unit of government that the development is essential to protect the public health, safety or
welfare in an existing emergency and that a local ordinance or State regulation was in effect
immediately prior to April 25, 1975, and a development permit would have been granted
thereunder.
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