09-24-18 PC Agenda AGENDA
Planning Commission
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, September 24, 2018
7 pm
1. Approval of Minutes
September 11, 2018, Regular Planning Commission Meeting
2. Informal Public Hearing — Zoning Code Text Amendment—Zoning Code
Recodification —ZO00-116
Applicant: City of Golden Valley
Purpose: To consider replacing Chapter 11 (Zoning Code) in its entirety as part
of the 2018 recodification of the City Code.
--Short Recess--
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
4. Other Business
• Council Liaison Report
5. Adjournment
- This doeun7ent is availal�le ii�altern�te�formats upo��a 72-I�our��request�. Please call �
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Regular Meeting of the
Golden Valley Planning Commission
September 11, 2018
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
September 11, 2018. Chair Baker called the meeting to order at 7 pm.
Those present were Planning Commissioners Angell, Baker, Blum, Johnson, Packl, and
Segelbaum. Also present were Associate Planner/Grant Writer Ern[ly Goellner and
Administrative Assistant Lisa Wittman. Commissioner Brookins was absent.
1. Approval of Minutes
July 23, 2018, Regular Planning Commission Meetin�
Johnson referred to the discussion regarding the Future Land Use Map and noted that
the southeast corner of Winnetka Avenue and Hig,hway 55 is guided for Medium Density
Residential. He questioned why the same criteria isn't being used for the area by Wally
Street when it is also along the same high intensity traffic corridor. Blum said he agrees
that the area by Wally Street hasn't been treated the same as the Winnetka
Avenue/Highway 55 area. Goellner said she could pass on the Commissioners
comments. Johnson said he would summarize l�is concerns in an email and send it to
Planning Manager Jason Zimmerrrtan.
MOVED by Segelbaum, seconded by Ar�gell and motion carried unanimously to approve
the July 23, 2018, minutes as submitted. '
2. Informal Public Hearing — Conditional Use Permit— 2429 Douglas Drive North
— CU-161
Applicar�t: Retro Companies, Inc.
Addre�s: 2429 Douglas Drive North
Purpose: To allow for a 22 unit senior and transitional care facility in the R-2
Zoning District.
Goellner stated that this property is currently zoned R-2 and guided Medium-Low Density
Residential. The future land use map guides the property Moderate Density Residential.
She explained the applicant's proposal to construct a 22-unit Residential Facility that will
be licensed by the Minnesota Department of Health and will provide 24-hour care
including assisted living, transitional care, and memory care. She stated that the
proposed building would be two stories in height and will meet the R-2 Zoning District
requirements. She added that the floor plan is designed for assisted living and that the
units do not include kitchens and will share bathrooms.
Minutes of the Golden Valley Planning Commission
September 11, 2018
Page 2
Goellner referred to a site plan of the property and stated there are 12 parking spaces
proposed and that the Zoning Code requires five parking spaces and four bike parking
spaces.
Gaellner stated that the applicant anticipates having three shifts with three to seven
employees and zero to six visitors at a time depending on the shift. She added that the
applicant is interested in a potential second phase of development which would use the
property to the south at 2417 Douglas Drive. She noted that any proposal for a
Conditional Use Permit for this second phase would require additional public hearings.
Gdellner discussed the evaluation criteria used when considering Gonditional Use
Perrnits and stated that this proposal has demonstrated the need for a Residential
Facility, is consistent with the Comprehensive Plan, will have no effect on property
values, will have no adverse effect on traffic, and there is no significan# concerr�
regarding noise, dust, odor, vibration, and pests. She noted that the City's Mixed-Income
Housing Policy is not applicable in this case and that Gommiss�c�ner Brc�z�kins questioned
if stone or brick exterior materials could be used to help mitigate any negative visual
impacts.
G�elln�r stated that staff is recommending approval of the proaosed Conditional Use
Permit with the following conditions:
1. The facility may serve up to 22 persons and must maintain appropriate licensure from
the State of Minnesota.
2. A!I vehicle deliveries shall take;piace on-sifie and shall not take pface on the street.
Scheduled deliveries to the property must occur after 8 am on weekdays and
weekends.
3. The exterior dumpster shall be`screened from view and made of material compatible
with the building.
Johnson questioned if this facility will serve the needs of Golden Valley residents or
residents of other cities as well. `'
Segelbaum stated that the requirement of five parking spaces �eems�small and
questioned-haw the parking requirement is calculated. Goellner,stated that the parking
rec�uirement is one;parking space per five beds. She noted that none of the residents will
have cars so the parking spaces will be used by employees. Baker stated that during
halidays and otner times there will be a need for additional parking and questioned
where that would occur.
Baker asked about the property to the north. Goeliner stated that 2501 Dougias Qrive is
a single family home. She added that she has not been contacted by the owners of that
property.
Todd Ofsthun, TCO Design, discusse� the exterior building materials. He stated that
they will be using LP Si�ing and cedar shakes with different colars and that they will be
using a significant amount of manufactured stone which will help the building fit in with
Minutes of the Golden Valley Planning Commission
September 11, 2018
Page 3
the neighborhood. He showed the commissioners a photo of their Fridley location. Blum
asked if the design choices were made in order to make the building fit in a residential
area. Ofsthun said yes, they are trying to give the building a house feeling.
Ofsthun referred to the parking and stated that they based the number of parking spaces
on their other facilities. He agreed that holidays are tougher regarding parking but they
try to schedule car pools and stagger event times. He suggested that parking could
occur on Wynnwood Road or at the shopping center to the north: He agreed that holiday
parking will need to be addressed, but the day to day parking will be fine>
Segelbaum asked how many parking spaces there are at the Fridley Ic�cation. Ofsthun
said there are 10 outdoor spaces, and six indoor spaces and that �hey afso have some
on-�treet parking available. Segelbaum asked if that has been sufficient. Ofsthun said
yes.
3Jum referred to the site plan and asked about the spaces in the,parking (ot that have
d�agonal lines drawn through them. Ofsthun explained thatthe hatched`areas shown on
tf�e site plan are loading/unloading areas and ADA areas. Blum asked if that means that
there are actually only nine parking spaces that are able to be �ased. Ofsthun said no,
thEr� 12 p�rking spaces totaL
Jnhnson asked the applicant if this facility will be for Golden Valley residents. Ofsthun
stated that they need to keep the facility fu1L He'added that they could possibly give
some priority to Golden Valley residents, but that they could not guarantee that. Don
Kraiase, Property Owner, stated that there is a �ery large need for this type of facility and
that they will only be meeting �5% af the need. He added that patients wil! come from all
the hospitals in the area and`that the potential second phase will help with the need as
welL
Baker asked what the capacity t�f the second phase would be. Krause stated that the
second phas� would be almost identical to this first phase. Baicer commented that this is
not a senior living facility, but rather a facility for people coming out of a hospital and
waiting for a longer term facility. Krause agreed.
Segelbaum noted that there will be medical transports brought to the site and asked
abc�ut the plan far how patients are brought into the building. Krause stated that the
loa�'rng area is accessible and will be used to bring patients in and out. Ofsthun a�dded
that the'driveway will be 24 feet wide with plenty of room to maneuver around this small
f�ci!ity.
Baker asked the applicant if they will provide any financial assistance. Krause explained
that at this time there is a financiai level they have to hit in order to provide this type of
specialty care_ He said he would consider allowing a small portion of the building to be
used for people who need financial assistance.
Minutes of the Golden Valley Planning Commission
September 11, 2018
Page 4
Baker referred to the third condition in the staff report and said it should be reworded to
state that the screening, not the dumpster, should be made of materials compatible with
the building.
Pockl asked about the plans for the south side of the property. Ofsthun said that will be
green space, maybe with a walking path.
Blum asked about snow storage plans. Ofsthun said if there is a major amount of snow it
will.be removed from the site and that regular amounts of snow will be pushed alongside
fhe �driveway and near the dumpster.
,
Johnson asked about the proposed porous asphalt shown on the plans. afsthun stated
tha#they have used porous asphalt in other projects they've done. He explained that it
looks like regular pavement but it allows water to filter through it and infiltrate ir�to the
gro;,�nd below it so it is good for stormwater management. Blum asked if it was correct to
say that 3Q% of the asphalt would be porous asphalt. fJfsthun stated that approximately
fiwa-thirds of the asphalt would be porous asphalt.
Angell asked if the regular asphalt areas will drain towarcl the street or toward the parous
areas. Ofsthun said the site slopes slightly from the west toward the �treet.
Pockl referred to the renderings and asked about the fihird story window when this is a
two-story building. Ofsthun stated that is just a window:in the gable and not a third story.
Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker
closed the public hearing.
Baker said he is concerned about the amount of parking. He suggested adding a
condition that requires them ta'use a shuttle at certain times or to have a plan to deal
with any potential issues. Segelbaum stated that the applicant could require their
ernployees to park off site during certain events. He added that the Zoning Code requires
five parking spaces and that the applicant is providing 12. Blum stated that the
Commissian could use the adequacy of the parking as a part of their evaluation of the
Conditianal U:se Permit. B�ker reiterated that he wants some sort of commitment from
the applicant to address the parking concerns. Goellner suggested adding a condition
tha# reguires a plan for parking that is s�tisfactory to the City Attorr�ey. Segelbaum said
that would be reasanable. Johnson asked why the plan couldn't be satisfactory to the
City Manager instead. Blum suggested the language state that the plan needs to be
satisfactory to the City. Goellner said she would add that as a fourth condition of
approvaL
Blum referred the City Engineer's staff report and noted that a lot of the requirements are
"musts" but when it came to removing buckthorn from the pro��rfy the memo says
"recommends."Ne stated that it is required by law to remove invasive species so it
seems appropriate to make that a requirement. He also suggested that there be a
required amount of time for remaval and that it should be maintained for the duration of
the CUP. Goellner noted that there is a statement in the staff report which states that the
Minute� of the Golden Valley Planning Commission
SP�tember 11, 2018
Page 5
approval is subject to all other state, federal, and local ordinances, regulations, or laws
wit� authority over this development. Failure to comply with one of more of the above
conditions shall be grounds for revocation of the CUP. Blum said he thinks they need to
clarify if in the CUP as a condition because residents have asked the City to do this.
Goe9lner noted that the tree and landscaping ordinances can also be used to make sure
buckthorn is removed. Blum said he doesn't want it to be thrown by the wayside and that
he wants it to be condition of approval, nof just a recommendation.`Johnson said he
doesn't think#hey need to make`it more complicated than to say they have to follow all
th� rules. He added that there are a number of rules that the applicant will have to follow
without calling them all out. Blum questioned how the City addresses wF�at they have
heard from the public. Baker said he agrees that removing buckthorn is important, but he
agrees with Commissioner Johnson that it is not more important than all of the oth�r
rules and laws the applicant wil! have to follow.
Blum said thinks the �pplication was done well, but none of the iterns in the applicant's
narrative get put into an agreement and they aren't requiring anything �hat is asserted in
the application. He said he would like to see some assurances that the fhings mentioned
in the application actually happen. Baker asked Blurn is there i� anything ih particular
frQm the applicant's narrative he would like to see added to the approval. Blum said he
thin�cs it is reasonable to say that the whole document should be part of the approval and
that tl�e applicant sho�.�ld be held to the things they are asserting. Baker noted that an
aa��ic�nt's narrative is more aspirational fhan firm or set in stone at this point in the
process. Ofsthun said he would agree wifh adding their narrative to the conditions of
a�proval. Segeibaurn questioned why the Planning Commission hasn't required that for
every petition they've heard and said he always assumed that was the case already.
Goellner noted that there is going to be some training regarding Conditional Use Permits
in Oct�ber. She stated that the training will discuss how much applicants are held to,
what the City is allowed to require, the legal implications, etc. She added that the City
Attorney is recommending the conditi�ns af approval listed in the staff report. Blum �aid
in effect staff is asking#he P(anning Gommission to disregard �vh�t the applicant has
submitted. Segelbaum said he thinks the Planning Commission has to accept what the
City Attorney has recommended or t�ble this proposal to get furthPr clarification. Baker
�aid iti doesn't seem fair to table this particular application. Blum said he just wanted to
bp clear that they are disregarding the applicant's assertions. Segelbaum said that if
there is sornething they feel strongly about it should be made a condition.
Angel! askec! Goellner if�he applicant's narrative �s taken into acc�unt when writing the
staff report. Goellner said yes and explained that conditions of approval should be
related directly to the impact of the .pecific use of a 22-unit residential facility. She added
th�i s�aff relies on all of the City's ordinances to address problems that may eome up
with properties that have, or don't ha�ie, a Condifional Use Permit.
E�lum referred to the staff's recommendation regarding delivery times and noted that it
adclresses a delivery time for drop-off's in the morning, but it does not recommend a time
in 7he evening. Baker suggested the delivery t�mes be 8 am to 8 pm. Segelbaum
s�ggestec� 8 am to 5 pm since there are single famiEy residential properties nearby. He
Minutes of the Golden Valley Planning Commission
September 11, 2018
Page 5.
added that that this appears to be the sort of care facility that is needed, the building
looks nice, and will be an asset to the community. Baker added that it is also in a terrific
location and he is impressed with the application submittal. Bium agreed that the building
looks like it will meld into the surrounding residential area.
MOVED by Segelbaum, seconded by Pockl and motion carried unanimously to
recammend approval of Conditional Use Permit #161 subject to #he following findings
and conditions:
Findinqs
1. Demonstrated Need for the Proposed Use: The applicant has ind:icated that the
markef in Golden Valley would be supportive of the type of hQusing being proposed
for this location.
2. Consistency with the Comprehensive Plan: The proposed residential facility use is
�onsistent with the General Land Use Plan Map and the Comprehensive Plan. The
Com�rehensive Plan states that a variety of housing types and designs should be
provided in order to allow for greater housing choices fiQr Golden Valley residents.
3. �fifect on Property Values: There is no evidence ta support an, argument that
�roperty values would be either positively or rregativefy affected by the presence of a
residential facility in this location. Assessing staff anticipates that there will be no
effect as long as the property is well rnainfained.
4. Effect on Traffic: The number of trips associated with the proposed us� will n�fi
generate any negative traffic impacts to the surrou;nding areas. However, deliueries to
- �he property should be made off-street whenever possible �n mitigate short-term
con�estion.
5. Effe�t of Increases in Populati�n and Dens6ty: The proposal will increase the
population at the locatit�n as c4mpared to the previous use. This is not expected to
have a n�gative impact.
6. Mixed Income Housing Policy: This proposed Residential Facility is exempt from
the Mixed Incom� Housing Policy requirements because it is not a market rate
residential rental develQpment. The proposed building is designed for residents
requiring 24-hour medical care and does not include any units designed for
� in�iepe�d�nt living. � � �
7. Ir�creas�: ir� Noise l.evels: This use will generate slightly more noise than a typical
sinc�le-family home due to regularly scheduied deliveries. However, deliveries will be
limit�t! ta;regular business hours.
8. Im_pac� o# Dust, Odor, or Vibration: The proposed use is not anticipated to cause
�n increase in dust, odor, or vibrations.
9. lmpa�f of Pests: The proposed use is not anticipated to attract pests.
'�0.Vis��al Impacfi: The proposed facility adheres to the R-2 zoning re�uirements and is
designed to fit the character of the surrounding neighborhood. The building
orientation on the site allows for the firont side of the facility to l�ok similar in size to a
single family home while extending further back into the sit�. It would have minimal
visual impact and would be consistent with other properties in ��ie area.
11.Other Impac� to the City and Residents: Staff does not anticip�te any other
negative ef�ects of the proposed use. The use is expected to make a positive impact
on new residents of the facility.
Minutes of the Golden Valley Planning Commission
Se�tember 11, 2018
Page 7
Conditions
1. The facility may serve up to 22 persons and must maintain appropriate licensure from
the State of Minnesota.
2. All vehicle deliveries shall take place on-site and shall not take place on the street.
Scheduled deliveries to the property must occur between 8 am and 5 pm on
weekdays and weekends.
3. The exterior dumpster shall be screened from view. The screening shall be made of
material com�atible with the building.
4. A plan addressing parking for planned events will be subject to review by the City.
3. Draft 2040 Comp Plan Update — Public Comments
Goellner explained that the public comment period for the Draft 2040 Camp Plan Update
ended July 15. Staff will be working on incorporating the cornments into the Plan and
would like to know if there are any items on the list in the agenda packet that stand out to
the Planning Commission or anything the Planning Commission wants staff to follow-up
on. She stated that the Plan will be coming to the Planning Cc�mrr�ission in Novemb�r for
a public hearing.
Segelbaum suggested organizing the comrnents by chapter:
Blum suggested adding the survey comments to get a larger response pool in order to
give proper weight to particular issues. Segelbaum agreed that all of the comments made
should be added. Goellner stated that all of fihe comments have been added.
Baker asked if staff has heard frQm any of the adjacent cities. Goellner said no, but they
have ur.til November to respond. ;
Johnson referred to the comrnent asking that the word "citizen" be replaced with the word
"resident." He said the wocd "citizen" is actually more inclusive so he suggests defining
the words o� using the same �ogic in the whole document. Goeilner stated that staff is
going to talk to the City's Communications Manager and the HR Director about which
term to use. ,
--5hort Recess--
4. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No reports were given.
5. Other Business
• Council Liaison Report
Minutes of the Golden Valley Planning Commission
S�ptember 11, 2018
P�ge 8
Council IVlember Schmidgall stated that the Council will be discu�sing the Mixed Use
ordinanre revisions and the budget at their next Council/Manager meeting.
Schmidgall noted that the Arts and Music Festival is occurring on September 15.
Schmidgall stated that the new Latitude 14 restaurant is openirg soon and Under
Pressure Brewery is still working on their space.
6. Adjournment
The meeting was adjourned at 8:38 pm.
Ron Bl�rn, Secretary Lisa Wittman,, Adrn'inistrafiive Assistant
Wittman, Lisa
From: Marcia Anderson
Sent: Monday, September 24, 2018 5:21 PM
To: Wittman, Lisa
Subject: Fwd:Zoning Code Proposed Changes, Outdoor Storage
Ms. Wittman:
Please see below message, intended for both the planning director and associate planner, and for the Planning
Commission for its public hearing tonight, 9/24/18. I can find no way on the city website to email a letter to the
Planning Commission chair, so I am hoping that you can introduce this into the record at the hearing, since I
cannot attend.
T'hanks very much-
-Marcia Anderson
---------- Forwarded message---------
From: Marcia Anderson
Date: Mon, Sep 24, 2018 at 5:16 PM
Subject: Zoning Code Proposed Changes, Outdoor Storage
To: Zimmertnan, Jason yzimmerman(�a,goldenvalleymn.gov>, <e�oellner(c�goldenvallevmn.�,ov>
Greetings, I am a Golden Valley resident at 130 Edgewood Ave.N., and I have some suggestions and concerns
about the proposed Outdoor Storage changes in the zoning code. I cannot attend the public hearing tonight
because I will be teaching at a Metropolitan State University class.
I think the Storage section of the code changes should be considered separately from the rest, and given
additional revisions. Please consider the following suggestions, and convey them to the planning commission.
1) There is no definition of"storage" in the definitions section,which leaves the regulations open for subjective
interpretation, or misunderstanding. What constitutes "storage" of an object?The type of object?The length of
time since last used?The frequency of use?
How are residents to understand what the city means by storage, if it is not defined? Some examples: a) If we
are using our lawnmower regularly in the summer, does it need to be screened? What if we are using it and get
too hot and have to go inside for a while, does it need to be "stored" in a screened area in the interim?I would
assume it would need to be "stored" over the winter, but while in regular use? b) If we have outdoor chairs and
a table that are not used in winter, on a patio or in a gazebo, do they have to be screen when stacked and
covered for the winter? With no definition of"storage" or the items covered by "storage" pretty much anything
in the yard could be considered covered or not covered, other than those items specifically named.
2) The requirement of screening from visibility to "adjacent" properties is vague and unnecessarily restrictive,
given that many factors other than fencing or vegetative screening might provide the desired visibility
restriction--but nothing else other than fencing or screening is allowed. For example, a neighbor's garage or
shed might provide screening of her "stored" objects from my view, rendering another fence or vegetative
screen unnecessary or duplicative. Or, a wooded area on the edge of a property might not be 75% opaque, but
might effectively screen objects in view at a distance. Why does the regulation have to mandate only two forms
of screening?
i
3) The regulation seems to impose prohibitive expenses on property owners, especially those without the means
to pay for construction of an expensive,three-sided fenced area, or for installation of vegeta.tion that when
planted would already have to be 6 feet in height,which would be the size of mature trees or shrubs. Fencing is
very expensive, and for most people would also include installation expenses. I am a gardener, and I would
estimate a vegetatively screened area on three sides of about 8' X 6'X 8',to screen an average-size riding lawn
mower, would cost about $2,000 for 9-10 full-grown arborvitae. (Bachman's catalog does not even list such
shrubs in full-grown, 6' heights, because typically full-grown shrubs are not planted. See:
https://www.bachmans.com/product/35000002904953, and for almost full-grovcm:
httks://www.gertens.com/pvramidal-arborvitae-15335.htm1. Delivery and planting costs must alsa be factored
in.)
The idea that homeowners would need to construct one or more of such screenings, for a boat, a trailer, a
lawnmower, etc. would prove prohibitively expensive. Such expenses mandated by the city then contradict the
city's stated endorsement of"affordable housing" and maintenance of existing housing stock, in the city's draft
Comprehensive Plan for 2040.
4) Has the city considered the unintended consequences that homeovcmers with means to do so might construct
multiple "screening" units around their yard,to meet the letter of the regulation, but then create another eyesore
of random screening that might be worse than the original issue? Alternatively, is the city inadvertently pushing
homeowners to fence their entire properties, again, if they have the means? Is that really what we want? I live
in a neighborhood with large yards and long vistas, with no fencing or screening other than planned landscaping
and trees. I would not trade that in order not to see my neighbor's srna11 trailer behind her garage more than 100
feet away. I would rather she spent her money on maintaining her home and yard.
5) While the staff introduction to the proposed language on storage claims that the new langua.ge addresses "the
majority of the concerns often cited by resident while also protecting the rights of property owners", I find
nothing at all in the language that is p�otective of property owner rights, which I would like to see. Instead,this
proposed regulation seems needlessly restrictive, and sets up the city for increased expectations of inspection
and enforcement that I do not support my ta�c dollars going to pay. Issues of yard storage should first be
discussed among neighbors, and I would support the city setting up programs that would support such
neighborhood conversations, but we do not need to spend more money on "yard storage police".
I respectfully recommend that the proposed Storage regulation language be removed from the code changes to
be reviewed as a whole tonight, and instead,take more time to reconsider and revise the regulation language,
with consideration of the above concerns.
I do a great deal of policy and procedure writing in my work for the Minnesota.Sta.te system of colleges and
universities, and I would be willing to help work on rewriting the code, and coming up with some reasonable
definitions for"storage". Please feel free to contact me.
Thanks for your consideration.
Marcia
Marcia Anderson
763-793-1772 (cell)
2
ci ty o f �°_
atden � +� � �
$� .
�t�1 Ph sical Dev
. �� y elopment Department
763-593-8095/763-593-8109{fax)
Date: September 24, 2018
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Recodification of City Code—Zoning Chapter
Background
As part of an effort to clean-up outdated language in the City Code and to create consistency in
�references and between sections, staff from a variety of departments have worked with the City
Clerk over the last year and a half to prepare for a recodification. Once completed, the code will
be accessible online through a third party which will be responsible for maintaining and updating
the text, as is done in many neighboring communities and across the country. This process was
begun in 2017 and is concluding with public hearings at the Planning Commission and City
Council. The Planning Commission will review the Zoning Chapter; the City Council will review and
approve the new code in its entirety.
Planning staff was directed to take this opportunity to address a number of desired changes in
the Zoning Chapter. In 2017, problem areas were identified and new language was drafted. In
May and lune of 2018, staff reviewed the changes with the Planning Commission and City
Council. Based on feedback, adjustments were made and the final draft is now ready for
consideration.
Summary
When preparing for the recodification process, staff assigned each potential change to one of
three categories:
(A) Items that could be considered housekeeping, including updating titles and references,
modernizing language, and reordering and simplifying the Code
(B) Policy changes that staff had identified and vetted in some fashion with the Planning
Commission and City Council or as part of wider departmental discussions
(C) Policy changes that have not been vetted and need additional discussion and analysis before
being considered as zoning text amendments
1
At this time, staff has included items in category A and category B in the recodification process.
Items in category C will be addressed as part of future Commission and Council agendas.
Category A Items
Items in the area address issues such as reorganizing the chapter contents, simplifying language,
and ensuring all zoning regulations are consistent with other State statutes. A partial list of
changes includes:
1. Updating language to be more contemporary and straightforward throughout the Code
2. Reordering sections: moving Administration and Violations up front, adding Site Plan Review
to Administration section, combining some other elements (Seasonal Farm Produce,
Temporary Retail Sales) into one Temporary Uses section
3. Merging separate Interpretation section into Administration
4. Reorganizing the content of Zoning District sections—creating consistency in what is
addressed and the order in which it is listed
5. Adding a "nuisance" clause to the Non-Conforming Use subdivision of Administration
6. Updating requirements for processing Variances in order to be consistent with State Statute
7. Updating language in Definitions section, removed some outdated terms
8. Moving limits in change of Average Grade for new Principal Structures from Definitions to
Zoning District sections
9. Adding language regarding when Zoning Permits are needed
10. Adding Residential Facilities serving six or fewer persons to R-2 Permitted Uses
11. Updating language in Sexually Oriented Business section as per City Attorney
12. Updating language and regulations in the Telecommunications section, including adding
regulations for the I-394 Mixed Use Zoning District
13. Updating requirements for processing Conditional Use Permits in order to be consistent with
State statute
Category B Items
There are generally six areas where policy changes of varying significance are being proposed.
These include:
1. Updating language to handle Tax Parcel Divisions
2. Minor changes to how Conditional Use Permits are managed
3. Changes to language regarding the height of flat roofs and accessory structures
4. The addition of density caps in R-3 and R-4 Zoning Districts
5. Modifications to public amenity provisions for PUDs
6. Revisions to how Outdoor Storage is regulated across many Zoning Districts
Each of these six areas is described in more detail below.
Tax Parcel Divisions
As the City processes with more frequency requests to "uncombine" lots of record that were
assigned a common property ID number at some point in the past, it has become necessary to
2
update existing language in the Zoning Code. Staff discussed this topic with the City Council in
November of 2017 and has used that conversation to guide the proposed changes. While the City
cannot generally prohibit the use of these parcels for development, it can ensure certain
structural nonconformities be avoided and that neighboring property owners are made aware of
the pending changes.
Proposed Lan�ua�e
Tax Parcel Division or Combination.
(a) The City shall review the division or combination of tax parcels by the County in order to
ensure that structural nonconformities are not created as a result of the division or
combination.
(b) A request to divide or combine tax parcels must be approved by the City prior to the
addition or removal of a property ID by the County.
(c) A request for approval of a tax parcel division or combination shall be accompanied by
the submission of a property survey in order to demonstrate conformance with this
chapter. Upon finding that all City requirements have been met, the City Manager or
his/her designee shall grant approval for the tax parcel division or combination, as
established and defined by the County.
(d) Once approved, the City shall notify by mail all property owners within 250 feet of the
subject site.
Conditional Use Permits
The current Zoning Code lacks any regulation to trigger an expiration of a CUP if it goes unused
for an extended length of time. New language would cause an unused CUP to expire after 12
consecutive months. In addition, the proposed changes write into code the ability for a CUP to be
amended if changes are requested. Previously, the code only contemplated the revocation of the
old CUP and the issuance of a new CUP.
Proposed Lan�ua�e
Unless extended by the City Council in its sole discretion for an additional period of up to 12
months, construction and all other pertinent implementation relating to an approved conditional
use permit must begin within 12 months of the date that the conditional use permit is approved
or the conditional use permit shall be deemed null and void. If the approved conditional use
should cease for a period of more than 12 consecutive months, the conditional use permit shall
be deemed to have expired.
Chan�es to an approved conditional use permit affectin� uses, parkin�and loadin�, or
components other than minor chan�es shall require amendment to the conditional use permit by
the Citv. The requirements for application and approval of a conditional use permit amendment
shall be the same as the requirements for ori�inal application and approval.
Height
Previously, the maximum height of pitched and flat roofs in residential Zoning Districts differed
by type of roof. With the addition of the "tent-shaped" building envelope as a regulatory concept
3
in 2015,the difference in height limits is no longer needed. The tapered building envelope, by
definition, forces flat roofed buildings to step back as they increase in height. This proposed
change in code would help address a situation that has been the subject of a handful of variances
over the past three years.
In addition, language around the height of accessory structures has been adjusted to clarify how
shed roofs are measured.
It should be noted that the revised code leaves in place, for now,the one foot limit on an
increase in the average grade for a new structure in the R-1 and R-2 Zoning Districts. Staff will
return to this limitation in the near future, as this regulation can create issues with trying to
establish proper drainage on a lot as required by building code.
Current Langua�e
Building Height: The vertical distance or height of a structure shall be measured from the average
grade at the front building line (street side) to the average height of the highest pitched roof or
the highest point of a flat roof structure. The grade or average grade of a lot is established at the
time of subdivision approval by the City. If the grade or average grade was not established at the
time of subdivision approval by the City,the City Manager or his/her designee shall establish the
average grade prior to construction of the structure. In the case where a house or structure has
been removed from a lot for the construction of a new house or structure,the average grade for
the new house or structure shall be no more than one (1)foot higher than the grade or average
grade that existed for the house or structure that was removed. In the case of a corner lot, the
average grade is taken from all sides of the house or structure facing the street.
Height Limitations. No principal structure shall be erected in the R-1 Zoning District with a
building height exceeding twenty-eight (28) feet for pitched roof houses and twenty-five (25) feet
for flat roof houses.
No accessory structure shall be erected in the R-1 Zoning District to exceed a height of one (1)
story, which is ten (10) feet from the floor to the top horizontal member of a frame building to
which the rafters are fastened, known as the top plate.
Proposed Lan�ua�e
Building Height: The vertical distance or height of a structure shall be measured from the average
grade at the front building line (street side) to the average height of the highest pitched roof or
the highest point of a flat roof structure. In the case of a corner lot, the average grade is
measured from all sides of the structure facing a street. The grade or average grade of a lot is
established at the time of subdivision approval by the City. If the grade or average grade was not
established at the time of subdivision approval by the City, the City Manager or his/her designee
shall establish the average grade prior to construction of the structure.
Height Restrictions. No principal structure shall be erected in the R-1 zoning district with a
building height exceeding 28 feet as measured from the average grade at the front building line.
4
The average grade for a new structure shall be no more than one foot higher than the average
grade that previously existed on the lot.
No accessory structure shall be erected in the R-1 zoning district with a height in excess of one
story, which is 10 feet from the floor to the top horizontal component of a frame building to
which the rafters are fastened (known as the "top plate"). For the purposes of this regulation, the
height of a shed roof shall be measured to the top plate.
Residential Density
No density limits currently exist for senior and disability housing in the R-3 Zoning District or for
any uses in the R-4 Zoning District. New language would establish the maximum densities allowed
and would be consistent with the residential densities proposed in the draft 2040 Comprehensive
Plan.
Current Lan�uage
The purpose of the Medium Density Residential Zoning District (R-3) is to provide for medium
density housing (up to ten (10) units per acre with potential for twelve (12) units per acre with
density bonuses) along with directly related and complementary uses. Senior and physical
disability housing is permitted to a density in excess of twelve (12) units per acre or up to five (5)
stories or sixty (60) feet in height with a Conditional Use Permit.
The purpose of the High Density Residential Zoning District (R-4) is to provide for high density
housing (over twelve (12) units per acre) along with directly related and complimentary uses.
Proposed Langua�e
The purpose of the Medium Density Residential (R-3) Zoning District is to provide for medium
density housing (up to 10 units per acre with potential for 12 units per acre with density bonuses)
along with directly related and complementary uses. Senior and disability housing is permitted to
a density of 20 units per acre or up to five stories or 60 feet in height with a conditional use
permit.
The purpose of the High Density Residential (R-4) Zoning District is to provide for high density
housing (up to 50 units per acre for multifamily dwellings and up to 70 units per acre for senior
and disability housing) along with directly related and complementary uses. Multifamily dwellings
and senior and disability housing is permitted to a density of 100 units per acre with a conditional
use permit.
Planned Unit Developments
Language for PUDs would be updated to reflect changes to amenity options, as well as adjusting
one of the triggers for a Minor PUD Amendment.
Proposed Lan�ua�e
Intent and Purpose. It is the intent of this section to provide an optional method of regulating
land use which permits flexibility from the other provisions of the City Code, including flexibility
5
in uses allowed, setbacks, height, parking requirements, number of buildings on a lot, and similar
regulations in exchan�e for public benefit in the form of amenities.
PUD Amenity Options
Green Roof
Affordable Housing Units: Provide affordable housin� units beyond the minimum amount
required in the City's Mixed-Income Housin� Policv (and complv with all other provisions
in the Policv). Three options of affordability include:
• An additional 10 percent of units within development are rented or sold at 30
percent of Area Median Income or less.
• An additional 20 percent of units within development are rented or sold at 50
percent of Area Median Income or less.
• An additional 30 percent of units within development are rented or sold at 80
percent of Area Median Income or less.
Public Open Space
Utilization of a Renewable Energy Source
Leadership in Energy and Environmental Design (LEED) Platinum Certification
Leadership in Energy and Environmental Design (LEED) Gold Certification
Community Garden
Public Recreation Area
Public Plaza
Public Art
Creation or Preservation of Significant/Historic Architecture
Enhanced Bicycle and Pedestrian Facilities
��"�� Innovative Stormwater Management
Water Feature Usable to Public
Shared Bicycle and Vehicle Facilities
C.,4.�.,.,�,.J C..+., . I ��,h+i.,�,
Enhanced Landscaping
Electric Car Charging Station: An electric vehicle charging station accessible to residents,
employees, and/or the public providin�connections at the rate of five percent of the
required parkin�spaces.
MinorAmendments. A minor amendment shall be approved by a simple majority vote of the City
Council with or without referral to the Planning Commission. To qualify for this review,the
proposed amendment may only include changes to a PUD that:
�e Increase gross floor area in any individual building by less than 10 percent
Outdoor Storage
The subject of outdoor storage has been discussed numerous times with the Planning
Commission and the City Council over the past two years. The proposed code below attempts to
6
address the majority of the concerns often cited by residents while also protecting the rights of
property owners. In summary, the new language does the following things:
1. Moves regulations about outdoor storage from each zoning district into one section of the
Zoning Code, along with fencing and screening requirements.
2. Helps to clarify language around where and how outdoor storage can take place in the front,
side, and rear yards of residential properties.
3. Establishes a limit of 30 days for landscaping or construction materials in the front yards of
residential properties.
4. Establishes screening standards for storage in side and rear yards.
5. Allows the storage of automobile dealership inventory in Light Industrial and Industrial Zoning
Districts with a Conditional Use Permit, and in parking ramps with the permission of the
property owner.
6. Strengthens language around the screening of inechanical equipment (rooftop or otherwise)
in all Zoning Districts.
Proposed Langua�e
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Berm:An earthen mound designed to provide visual interest on a site, screen undesirable
views, reduce noise, or fulfill other similar purposes.
Fence:A structural enclosure or barrier used as a boundary, means of protection, or
concealment.
Front Yard:The portion of a lot between the street right-of-way and the front plane of the
principal structure. This area may be deeper than the yard required by the front yard
setback.
Screening: A method of visually shielding or obscuring one abutting or nearby structure or
use from another by fencing, walls, berms, or densely planted vegetation.
Trailer:An unpowered vehicle used for multiple purposes, including, but not limited to,
hauling a boat, personal motorized recreational vehicle, or fish house.
(b) General regulations. All zoning districts are subject ro the following requirements:
(1) The side of a fence without primary structural supports shall be considered the
finished side and must face outward from the property on which it is constructed
towards the adjacent property and/or street. If a fence has two similarly finished
sides, either side may face the adjacent property and/or street.
(2) All berms, screening, and fences, including fence footings, must be located entirely on
the property for which they are being constructed. A property owner installing a new
fence must accurately determine lot lines prior to installing a fence.
(3) All berms, screening, and fences shall be maintained and kept in good repair by
property owners. Any hazardous fence or fence in a state of disrepair shall be repaired
or removed by the property owner within 30 days of notice by the City. If a property
owner fails to comply with such notice, in addition to all other applicable penalties
7
under City Code, the City may remove the fence and assess the property owner the
cost of such removal.
(4) All berms, screening, and fences shall comply with the right-of-way management
regulations of the City Code.
(5) Electrified fences are prohibited. Barbed wire fences are prohibited except in the light
industrial or industrial zoning districts as described below.
(6) For all other standards related to visual nuisances and threats to the health, safety,
and welfare of the community, the City's adopted International Property Maintenance
Code shall apply.
(c) Regulations by zoning district. Fences and the screening of outdoor storage shall be governed
by the following provisions:
(1) All residential zoning districts.
a. Fences in all front yards shall not exceed four feet in height. Fences in side and
rear yards shall not exceed six feet in height.
b. Storage in all front yards may occur solely upon a driveway and in no other
location. Any storage shall be behind the lot line.
c. Only one of the following may be stored in all front yards of any lot:
1. Recreational camping vehicle.
2. Trailer.
d. No personal motorized recreational vehicle or boat may be stored in a front yard,
except upon a trailer.
e. The storage in any front yard of landscaping or construction materials may not
exceed 30 days.
f. Items stored in the side and rear yard may not be stored within five feet of the lot
line.
g. All outdoor storage, including any storage of a motorized vehicle, recreational
camping vehicle, fish house, trailer, boat, or personal motorized recreational
vehicle, in the side or rear yard must be screened from view of adjacent properties
by a wall or fence not more than six feet in height and not less than 75 percent
opacity, or by vegetation of not less than six feet in height and not less than 75
percent opacity year round.
h. Views of storage in any side or rear yard from the street right-of-way must be at
least 50 percent obscured by screening.
i. All mechanical equipment, including rooftop units, shall be screened from view
from the street right-of-way.
(2) All other zoning districts.
a. Fences shall not exceed eight feet in height except as noted below.
b. Barbed wire fences are permitted in light industrial and industrial zoning districts.
No barbed wire shall be erected upon any fence at a height lower than seven feet.
c. No materials or equipment shall be stored outside, unless screened in such a
manner as not to be visible from adjacent properties or street right-of-way. All
outdoor storage shall be screened by a wall, fence, or vegetation not less than six
8
feet in height and not less than 90 percent opacity year round. No storage shall be
permitted within required landscaped areas.
d. Storage of automobile sales inventory on surface lots is allowed by conditional use
permit in the Light Industrial and Industrial Zoning Districts. With the permission of
the property owner, automobile sales inventory may be stored in parking ramps in
the business and professional offices zoning district. The City reserves the right to
disallow this storage if parking for the principal uses is negatively impacted.
e. A solid screen, consisting of either a solid fence or wall not less than six feet in
height, or a planted landscape screen providing at least 90 percent opacity year
round and at least six feet in height at the time of planting, shall be installed and
maintained along all lot lines separating an Industrial Zoning District from any
Residential or Institutional Zoning District.
f. All waste material, debris, refuse,junk or damaged vehicles, or vehicles under
repair or being stored in connection with repair services, shall be either kept
entirely within an enclosed building or completely screened from adjacent
properties and street rights-of-way.
g. All mechanical equipment, including rooftop units, shall be screened from view
from the street right-of-way.
(d) Exceptions. Any deviation from this section shall require a variance in accordance with this
chapter except for the following:
(1) Tennis and basketball courts in all zoning districts may have a single perimeter fence
no higher than 10 feet. Such fences shall be located to the rear of the principal
structure and shall require a minimum three foot strip of landscaping around the
entire perimeter.
(2) A wall or fence not exceeding six feet in height is permitted in the front yard of all
properties directly adjoining a minor arterial street, as designated by the City.
(3) A wall or fence not exceeding 12 feet in height is permitted in Light Industrial and
Industrial Zoning Districts solely for the purpose of screening outdoor storage areas.
(4) The screening requirement for mechanical equipment located in the side yards of
properties in Light Industrial and Industrial Zoning Districts may be waived by the City
Manager or his designee.
Category C Items
At this time, staff is aware of a handful of additional changes that will need to be researched and
vetted with the Planning Commission and City Council prior to submission for review and
approval. These include:
1. Modernizing the Business and Office Park Zoning District
2. Adopting Architectural and Material Standards
3. Researching the use of a Pedestrian Overlay for pouglas Drive
4. Revising and adopting a new Mixed Use Zoning District
5. Reviewing current permitted and conditional use tables for all zoning districts
6. Revisiting parking requirements for all uses
9
7. Revising requirements around the one foot limit on the increase in average grade for
new single family homes and duplexes
8. Reviewing paved area requirements for all zoning districts
Recommended Action
Staff recommends approval of the zoning text amendments, repealing and replacing Chapter 11
in its entirety as part of the 2018 recodification of the City Code.
Attachments
Minutes from the Planning Commission meeting of lune 11, 2018 (4 pages)
Amended Zoning Code—Chapter 113 (137 pages)
10
Regular Meeting of the
Golden Valley Planning Commission
June 11, 2018
egular meeting of the Planning Commi sion was held at the Golden Valle City Hall,
Co hambers, 7800 Golden Valley ad, Golden Valley, Minne onday,
June 11, ice Chair Johnson calle he meeting to ord m.
Those present were Planni missio ers A , lum; Brookins, Johnson, Pockl,
and Segelbaum. Also present was ager Jason Zimmerman and
Administrative Assistant Lisa Wittma ' ers Baker and Black were absent.
1. Approval of Minute
May 30, 2 , egular Planning Co mission Meeting
MOV y Segelbaum, seconded by P kl and motion carried unanimously to approve
ay 30, 2018, minutes as submitted.
2. Review Chapter 11 (Zoning Code) Recodification Draft
Zimmerman stated that the City is going through a recodification process in order to
clean up outdated language and create consistency in references and between
sections. He noted that this process will require public hearings before the Planning
Commission and the City Council and showed the Commission an example of a city that
uses Municode for their city code information. Segelbaum asked if there will be public
hearings for each section of the Code or for the entire City Code at once. Zimmerman
explained that Chapter 11 (Zoning Code) of the City Code requires public hearings, but
the other sections of the City Code require two readings by the City Council. Segelbaum
asked how the public will be notified. Zimmerman said there will be information on the
City's website and in the City's newsletter.
Zimmerman explained that there are six areas of the Zoning Code where slightly more
significant changes are being proposed. The first area he discussed was the proposed
changes to how Conditional Use Permits (CUPs) are managed. He explained that the
current Zoning Code lacks any regulation to trigger an expiration of a CUP if it goes
unused for an extended length of time. The proposed new language would cause an
unused CUP to expire after 12 consecutive months. In addition, the proposed changes
allow for the ability for a CUP to be amended if changes are requested.
Johnson asked how CUPs are enforced and how staff would know if a CUP is in use.
Zimmerman said staff is generous in its interpretation, but can check advertising and
usually knows when a building has been vacated. Johnson asked about grandfathering
in existing CUPs. Zimmerman stated that the proposed new code language would only
apply to uses going forward.
Segelbaum gave an example of a CUP to allow for a drive-thru window and asked if the
restaurant closed if the CUP for the drive-thru would still be in effect. Zimmerman said
Minutes of the Golden Valley Planning Commission
June 11, 2018
Page 2
the CUP would be valid for 12 months. After that, the existing CUP would expire and the
process would start over.
The next proposed change Zimmerman discussed was Tax Parcel Divisions. He
explained that there are several properties in the City where a house was built over the
middle of two lots then the house gets torn down and the property owner wants to
uncombine the two lots and build two new houses. He stated that the City doesn't have
the right to not let property owners use their lots however the proposed new code
language requires that non-conforming setbacks or non-buildable lots aren't created. He
added that the proposed new code language also requires that property owners within
250 feet of the subject site are notified of a Tax Parcel Division. Blum asked how many
of these types of properties are in the City. Zimmerman said he didn't know the exact
number but explained that some of the old original plats in a few areas have lots that
�vere combined and could be pulled apart. He noted that there are some on Meadow
Avenue North by Theodore Wirth Park, north of Highway 55, some by Sumter and
Rhode lsland near Brookview, and some near the area north of the Country Club.
Segelbaum asked if some cities require residents to combine the lots into one if they
want to build a house across both lots. Zimmerman said Golden Valley requires that
now, but there are some properties that weren't done that way in the past. Blum asked if
the uncombined situation of these lots is factored in when people ask for variances.
Zimmerman stated that these lots have been treated as if they are one lot until they are
pulled apart.
Segelbaum asked why the neighborhood notification isn't given to neighbors within 500
feet as is typical with other planning applications. Zimmerman stated that the City
Council thought that 250 feet was reasonable and added that the state statute
requirement is 250 feet for all planning applications.
Johnson referred to subdivision A. in the tax parcel division language and questioned
why it states that lot divisions or combinations by Hennepin County "shall be" enforced
when everything is already enforced. Zimmerman said he would review the language.
Blum referred to subdivision A in the tax parcel division language and suggested the
word "structural" be replaced with the word "any" in regard to nonconformities.
Zimmerman asked the Commissioners to send any recommendations they have to him
and he would review them.
Zimmerman stated that the next change being proposed is the addition of density caps
in the R-3 and R-4 Zoning Districts. He explained that no density limits currently exist for
senior and disability housing in the R-3 Zoning District or for any uses in the R-4 Zoning
District. He added that establishing maximum densities would be consistent with the
residential densities proposed in the draft 2040 Comprehensive Plan. Blum asked for an
explanation of the numbers listed in the second paragraph of the density section of the
staff report. Zimmerman explained that the different numbers have to do with densities
allowed by right versus densities allowed with a Conditional Use Permit. He added that
he would separate the two in order to make it clearer.
Minutes of the Golden Valley Planning Commission
June 11, 2018
Page 3
The next item Zimmerman discussed was modifications to the public amenity provisions
for PUDs. He explained that staff is recommending taking out the amenity regarding
underground parking because most big developments will already include underground
parking. He stated that staff is also recommending removing enhanced exterior lighting
and informational/interpretive displays from the amenity list. He added that language
regarding quantifying the number of electric vehicle charging stations at a rate of five
percent of the required parking is also being recommended. Segelbaum asked if any of
the amenity point values are changing. Zimmerman said no, and stated that there hasn't
been a PUD application submitted yet using the public amenity provisions. Pockl asked
about the significance of five percent in regard to charging stations. Zimmerman stated
that staff talked to developers and other cities and that the demand for charging stations
just isn't there yet and they are very expensive so staff is trying to manage what the
demand might be.
Zimmerman stated that another proposed change in the PUD section of the Zoning
Code is being proposed that states an "increase" rather than "any change" in gross floor
area will be considered a minor PUD amendment because taking away density doesn't
need the same kind of review that adding density does.
Zimmerman stated that the next proposed change is to the language regarding the
h�ight of flaf roofs and accessory structures. He explained that currently, the maximum
hPight of pitched and flat roofs in residential zoning districts differed by type of roof. With
the ad�dition of the "tent-shaped" building envelope, the difference in height limits is no
longer needed. He added that for now, the one foot limit on an increase in the average
grade for a new structure has been left in place. Blum questioned how grade and height
are determined on corner lots and lots that have low grades in the back yard.
Zimmerman stated that height is not limited in a back yard and that it is only measured
using the front of the house.
Zimmerman stated that the last significant proposed change is regarding outdoor
storage. He explained that the new language does the following things: moves
regulations about outdoor storage from each zoning district into one section of the
Zoning Code, along with fencing and screening requirements; helps to clarify language
around where and how outdoor storage can take place in the front, side, and rear yards
of residential properties; establishes a limit of 30 days for landscaping or constructian
materials in the front yards of residential properties; establishes screening standards for
storage in side and rear yards; allows the storage of automobile dealership inventory in
Light Inciustrial and Industrial Zoning Districts with a Conditional Use Permit, and in
parking ramps; and strengths language around screening of inechanical equipment in
all Zoning Districts.
Segelbaum asked if items stored on a dri�eway have to be located five feet from the
side yard property line. Zimmerman stated that driveways are allowed to be three feet
from the property line so if an item is on a driveway it can be located three feet from the
property line as well.
Minutes of the Golden Valley Planning Commission
June 11, 2018
Page 4
Blum suggested that collector, restored, and reconstructed vehicles be added to the list
of things that are restricted from being stored in a front yard. Segelbaum asked why
those would need to be called out if the Code already says "vehicles." Blum stated that
they are a different class of vehicle per state statute. He said he would also like to add
language about not allowing storage of an unregistered or inoperable vehicle.
Zimmerman noted that unregistered and inoperable vehicles are addressed in a
different section of the City Code. Brookins suggested referencing that section in this
section of the Zoning Code.
Blum said he envisions people storing their items in the street and moving them once in
a while to get around the rule. Zimmerman said that hasn't been an issue so he is not
overly concerned about that.
Segelbaum noted that the language allows trailers to be parked in front yards and
questioned if that means empty trailers or a trailer with items on it such as snowmobiles,
etc. Zimmerman stated that items stored in a front yard have to be on a trailer. Blum
suggested adding language about debris being stored on a trailer. Zimmerman stated
that the Property Maintenance Code addresses many of concerns about debris and
garbage.
Blum asked if the regulations about garden structures have been removed. Zimmerman
said they are addressed in the accessory structure section of the Zoning Code.
Pockl referred to the language regarding screening and noted that in subdivision g. it
talks about vegetation of not less than six feet in height, but it doesn't say anything
about the height of vegetation in subdivision h. Brookins suggested using the word
"screening" instead of saying "wall, fence, or vegetation."
Segelbaum asked if there are sign provisions in the residential zoning districts.
Zimmerman said yes and stated that new sign regulations will address the size of signs
and the time allowed, but not content.
Blum referred to the proposed future changes to the Zoning Code regarding trailer parks
and asked Zimmerman to explain. Zimmerman stated that there is legislation that
requires cities to address them, so proposed changes to the Zoning Code will be
coming in the future.
Reports on M tings of fhe Housing and Redevelopment Authority, City
uncil, Boa of Zoning Appe and other Meetings
No other m � g were � ssed.
Chapter 113-ZONING�
Footnotes:
---(1)---
State Law reference—Zoning generally, Minn. Stats. §462.357.
ARTICLE I.-IN GENERAL
Sec. 113-1.-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:
Accessory Structure:A structure (other than a garden or play structure) subordinate to the principal
structure, on the same lot, and serving a purpose customarily incidental to the principal structure
except as provided for essential services.
Accessory Use: A use subordinate to the principal use of the lot, occurring on the same lot, and
serving a purpose customarily incidental to the principal use.
Adult Day Care Center.• A facility licensed by the State that provides adult day care to functionally
impaired adults on a regular basis for periods of less than 24 hours a day in a setting other than a
participanYs home or the residence of the facility operator. The term "functionally impaired adulY'
means an adult having a condition that includes:
(1) Having substantial difficulty in carrying out one or more of the essential major activities of
daily living, such as caring for oneself, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working
(2) Having a disorder of thought or mood that significantly impairs judgment, behavior,
capacity to recognize reality, or ability to cope with the ordinary demands of life;and
(3) Requiring support to maintain independence in the community.
Affected Persons: Any or all persons or entities who/which own property located within 500 feet of
the subject premises under zoning review.
Alley:A public or private way providing a secondary means of access to abutting property.
Apartment:A room or suite of rooms in a multifamily or multi-use building arranged and intended as
a place of residence for a single-family or a group of individuals living together as a single
housekeeping unit.
Apartment Building: Any building or portion thereof which is designed, built, rented, leased, let, or
hired out to be occupied, or which is occupied as the home or residence of three or more families
living independently of each other and doing their own cooking in the said building, and shall include
flats and apartments.
Automobile Sa/es:An open or enclosed area, other than a street, used for the display, sale, or rental
of new and used motor vehicles in operable condition.
Average Grade: The average of the finished elevation of a structure taken at three points along a
building line facing a street. If the structure faces more than one street, the average grade shall
incorporate all sides facing the street.
Basement:That portion of a building with at least three walls having at least one-half or more of their
floor-to-ceiling height underground.
Brewery:An establishment licensed by the City for the manufacture of malt liquors, such as beer and
ale>for sale in sealed containers for consumption off the premises.
Brewpub:A Class III restaurant establishment, as defined in this section, that is also licensed by the
City to brew malt liquor, such as beer or ale, on site for sale and consumption on the premises, or for
sale in sealed containers for consumption off the premises.
Buildable Area (Building Envelope): That portion of a lot which is exclusive of all yards, below the
established maximum height, and within which principal and accessory structures may be
constructed.
Building: Any structure for the shelter or enclosure of persons, animals or property of any kind and
when separated by dividing walls without openings, each portion of such buildings, so separated,
shall be deemed a separate building.
Building Height: The vertical distance or height of a structure shall be measured from the average
grade at the front building line (street side) to the average height of the highest pitched roof or the
highest point of a flat roof structure. In the case of a comer lot, the average grade is measured from
all sides of the structure facing a street. The grade or average grade of a lot is established at the
time of subdivision approval by the City. If the grade or average grade was not established at the
time of subdivision approval by the City, the City Manager or his/her designee shall establish the
average grade prior to construction of the structure.
Business: Any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or
which occupies time, attention, labor, and materials, or where services are offered for compensation.
Car Wash:A building and/or premises used principally for washing and cleaning automobiles, using
either manual or automatic production line methods.
Cemetery: Land used or intended to be used for the burial of human dead and dedicated for such
purposes.
Child Care:A service provided to the public in which children of school or pre-school age are cared
for during established business hours.
(1) Child Care Center.• A nonresidential facility in which children of school or pre-school age
are cared for by licensed providers during established business hours. No overnight
accommodations are provided; the children are delivered and removed daily.
(2) In-Home Child Care: A licensed service in a residential setting in which care and
supervision for children who are of school or pre-school age is provided during part of a
day (less than 24 hours) with no overnight accommodations or facilities, and children are
delivered and removed daily.
Clinic: A building, the principal use of which is the care, diagnosis, and treatment of sick, ailing,
infirm, and injured persons and those who are in need of inedical or surgical attention, but who are
neither provided with board or room, nor kept ovemight on the premises.
Club:A nonprofit association of persons who are bona fide members, paying regular dues, and are
organized for some common purpose, but not including a group organized solely or primarily to
render a service customarily carried on as a commercial enterprise.
Cocktail Room: A facility accessory to a microdistillery that is licensed by the City for the on-sale '
consumption of distilled spirits produced by the distiller pursuant to Minn. Stats. §340A.22.
Congregate Housing: Housing for the elderly and/or disabled, which provides at least one prepared
meal per day in a common dining room, and which may also provide certain medical and social
services.
Convalescent Home (Extended Care): Any building or group of buildings providing personal
assistance or nursing care for those dependent upon the services by reason of age or physical or
mental impairment but not for the treatment of contagious diseases, addiction, or mental illness,
usually of a temporary duration.
Convenience Food Stores: A building where food items (groceries, meats, etc.), beverages, and
other retail items are sold along with hot or cold foods in or on disposable containers in individual
servings for consumption on or off the premises.
Deck:An exterior floor system that exceeds 25 square feet in floor area, has no roof structure, and is
a minimum of eight inches above grade at any point around its perimeter.
Display Window: A window at street level, typically part of a storefFont facade, used to display
merchandise.
Distillery: An establishment licensed by the State for the manufacture of distilled spirits in total
quantity exceeding 40,000 proof gallons in a calendar year.
District: Any section of the City as shown on the Official Zoning Map of the City, for which the
regulations governing the use of buildings and lot and the height and area of buildings are uniform.
Dwelling:Any building, or part thereof,which is designed or used exclusively for residential purposes
of one or more human beings, either permanently or transiently.
Dwelling, Multifamily:A building or portion thereof designed for or occupied by three or more families
and containing three or more dwelling units.
Dwelling - Senior and Disability Housing: A multifamily dwelling with open occupancy limited to
disabled persons and/or persons over 55 years of age requiring services, except that no more than
10 percent of the occupants (excluding disabled persons) may be persons under 55 years of age
(spouse of a person over 55 years of age or caretakers, etc.).
Dwelling, Single-Family: A building designed for or occupied by one family and containing one
dwelling unit.
Dwelling, Two-Family: A building designed for or occupied by two families and containing two
dwelling units.
Dwelling Unit:A single, secure space providing independent living facilities for one or more persons,
including permanent provisions for sleeping, eating, cooking, and sanitation.
Essential Services: A structure or facility owned by a government entity, a nonprofit organization, a
corporation, or any other entity used in connection with the collection, delivery, generation,
production, storage, or transmission of electricity, electronic signals, gas, oil, sewage, or water.
Essential services shall be classified as follows:
(1) C/ass/:Pipes or wires for cable television, electric power, gas, sewer, telecommunications
lines or water services; together with supporting poles or structures and necessary related
equipment; located within a public right-of-way or utility easement and in full conformance
with any applicable local, State, or Federal regulations.
(2) C/ass ll: Public utility facilities completely enclosed within buildings not to exceed 12 feet
in height or 600 square feet in gross floor area.
(3) C/ass lll: Peaking stations, substations, switching stations, included related equipment,
associated offices, or other technical facilities for any of the preceding.
Family:One or more persons each related to the other by blood, marriage, or adoption, or a group of
not more than five persons not all so related, maintaining a common household and using common
cooking and kitchen facilities.
Floor Area, Gross:The sum of the gross horizontal areas of the floor of such building measured from
the exterior faces and exterior walls or from the centerline of party walls separating two buildings.
Basements devoted to storage and space devoted to off-street parking shall not be included.
Foster Family Home:A family home licensed by the State to care for up to seven children under 18
years of age(including the family's own children under 18 years of age).
Foster Family Home, Group:A family home licensed by the State to care for up to 10 children under
18 years of age(including the family's own children under 18 years of age).
Garage, Private:An enclosed area designed or used for the storage of motor vehicles, not more than
finro of which are owned by those other than the occupants of the building.
Garage, Repair: Any facilities for the repair or maintenance of motor vehicles, but not including
factory assembly, dismantling, or disassembling of used motor vehicles,trailers, or their parts.
Garden Structure:A permanent outdoor fireplace or grill, or a freestanding or attached structure such
as a pergola or arbor, which serves a primarily aesthetic purpose customarily incidental to the
principal structure.
Grade:The lowest point of elevation of the finished surface of the ground, paving, or sidewalk at the
point where it meets a structure, excluding window wells. For the purposes of establishing building
height, grade shall be measured on the street side of a property.
Greenhouse: A glass or similarly transparent or translucent structure used for the cultivation and
protection of plants which cannot be grown outside during all seasons.
Heliport:Any land and/or structure used or intended for use for the landing and take-off of helicopters
and any appurtenant land or rights-of-way and/or structure used or intended for use as a port
building or port structure, which land and/or structure meets the requirements and regulations set
forth by the Federal Aviation Administration and the State Department of Transportation.
Home Occupation:An accessory use of a dwelling, excluding an attached garage or other accessory
structure, which is conducted entirely within the dwelling. (In-home child care licensed by the State is
not considered a home occupation.)
Hospital: An institutional facility providing health services primarily for inpatient medical or surgical
care of the sick or injured and including related facilities such as laboratories, outpatient department,
training facilities, central service facilities, and staff offices which are an integral part of the facility.
Hotel/Motel: A building in which lodging with or without meals is provided and offered to transient
guests for compensation.
lmpervious Surface:Any surface that cannot be effectively penetrated by water, thereby resulting in
runoff, such as pavement(asphalt, concrete), buildings, structures, driveways and roadways, parking
lots, sidewalks, and swimming pools.
Kennel: A structure in which more than three dogs are housed which dogs are at least 90 days of
age.
Kitchen: A room containing cabinets, shelves, countertops, and any two of the following: a sink, a
range, or refrigerator.
Kitchenette:A room containing both an operable sink and a refrigerator measuring not more than six
cubic feet.
Live-Work Unit:A dwelling unit in combination with a shop, office, studio, or other work space within
the same building, where the resident occupant both lives and works.
Lot:A parcel of land intended for occupancy by one principal structure and any accessory structures
and of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to
provide such yards and other open spaces as are required by this Code. All lots shall have frontage
on an improved public street and consist of a single lot of record or a parcel of land that has been
historically described by metes and bounds.
(1) Lot, Corner:A lot located at the intersection of finro or more streets.
(2) Lot, lnterior. A lot other than a corner lot with frontage on only one street other than an
alley.
(3) Lot, Through:A lot other than a corner lot with frontage on more than one street other than
an alley. Through lots with frontage on two streets may be referred to as double frontage
lots.
Lot Coverage:The percentage of a lot which, when viewed in its horizontal plane, would be covered
by a structure, or any part thereof.
(Lot) Frontage: The front of a lot shall be construed to be the portion nearest the street. For the
purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent
to streets shall be considered frontage, and yards shall be provided as indicated in this section.
Lot Line, Front: The front lot line shall be the boundary of a lot which is along an existing or
dedicated street. In the case of a corner lot, any lot line along an existing or dedicated street shall be
considered a front lot line.
Lot Line, Rear. The rear lot line shall be the boundary of a lot which is most distant from and is, or is
approximately, parallel to the front lot line. In the case of a corner lot,the rear lot line shall be the line
opposite the front lot line with the narrower frontage. In the case of the front lot lines being equal in
length, the City Manager, or his/her designee, shall determine the front lot line. In the case of a
triangular shaped lot, the rear lot line shall be a line 10 feet in length within the lot at the maximum
distance from the front lot line.There shall only be one rear lot line.
Lot Line, Side:The side lot line shall be any boundary of a lot which is not a front lot line or a rear lot
line.
Lot Measurements:
(1) Area: The area of a lot shall be computed from the area contained in a horizontal plane
defined by the lot lines.
(2) Depth: The shortest horizontal distance between the front lot line and the rear lot line
measured at a 90-degree angle from the street right-of-way.
(3) Width:The minimum required horizontal distance between the side lot lines, measured at
right angles to the lot depth, at the minimum front yard setback line.
Lot of Record:A lot which is part of a subdivision, the plat of which has been recorded in the office of
the Registrar of Titles of the County, or a lot described by metes and bounds, the description of
which has been recorded in the office of the Registrar of Titles of the County.
Manufactured Home:A structure, transportable in one or more sections, which in the traveling mode
is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320
or more square feet, is built on a permanent chassis, is designed to be used as a dwelling unit with a
permanent foundation in conformance with Chapter 29 of the State Uniform Building Code when
connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical
systems contained therein, and which has a roof design in conformance with Section 3203(d) of the
State Uniform Building Code; except that the term "manufactured home" shall also include any
structure which complies with the State Manufactured Home Building Code set forth in Minn. Stats.
§§ 327.31 to 327.36, which complies with the "Rules for Manufactured Homes" set forth in 2 MCAR
1350.0100-1350.9200, and which meets the standards of and is certified by the U.S. Department of
Housing and Urban Development.
Microdistillery: An establishment licensed by the State for the manufacture of distilled spirits in total
quantity not to exceed 40,000 proof gallons in a calendar year.
Nonconforming Building or Structure:Any building or structure lawfully occupied by a use, or lawfully
established on the effective date of the ordinance from which this section is derived, or amendments
thereto,which does not conform with the regulations of this chapter.
Nonconforming Use:A land use or premises legally existing and/or in use on the effective date of the
ordinance from which this section is derived, or amendments thereto,which does not comply with the
use provisions of this chapter for the district in which the land use or premises is located.
Nursing Home:A building having accommodations where inpatient care is provided for five or more
infirm, convalescent, or physically disabled persons who are not members of the same family; but
not including hospitals, clinics, or similar institutions.
Open Sa/es Lots:Any lot used or occupied for the purpose of buying, selling, or storing(prior to sale)
automobiles, motor scooters, motorcycles, boats, trailers, aircraft, or monuments.
Out-Patient Surgical Facility: A building, other than a hospital or clinic, where minor surgery is
performed on humans by qualified surgeons on an outpatient basis, and not requiring a patient to
stay ovemight in such facility.
Park:An outdoor area of natural or semi-natural vegetation and landscaping, designed to serve the
recreation needs of the community or to protect wildlife and natural habitats, and often including
facilities such as buildings, playgrounds, athletic fields, and trails.
Personal Motorized Recreational Vehicle:A motor vehicle used for recreational purposes, including,
but not limited to, all-terrain vehicles, golf carts, personal watercraft, snowmobiles, or dirt bikes.
Pervious/Permeable Surface:A surface that allows precipitation to infiltrate into the ground.
Place of Worship:A structure maintained and operated by an organized group for religious purposes,
including, without limitation, a church, synagogue, mosque, rectory, parish house or similar building,
with religious gathering or worship being its principal use.
Plat: A map, drawing or chart prepared by a registe�ed land surveyor depicting the layout of a
subdivision of land approved by the City in accordance with provisions of Chapter 109, pertaining to
subdivisions, and other applicable City Code provisions and recorded in the property records of the
County.
Play Area: A small park developed primarily for use by children, which typically contains play
equipment, seating, and may include other facilities such as basketball or tennis courts.
Play Structure: Freestanding equipment such as a swing set, slide, climbing wall, or other outdoor
structures, used by children for play and serving a primarily recreational purpose customarily
incidental to the principal structure.
Plaza:An open space that is generally open to the public and used for passive recreational activities
and relaxation, typically provided with amenities such as seating, paving, water features, public art,
shade trees, grass and other landscaping.
Principal Structure:A structure in which the principal use of a lot is conducted.
Principal Use: The purpose for which land or a building or structure thereon is designed, arranged,
intended, or maintained or for which it is or may be used or occupied.
Rain Garden: An outdoor strategically located low area, with plants, that intercepts stormwater
runoff, slows the water down in order to prevent erosion, and allows it to be absorbed into the
ground. In many cases, the plants utilized are chosen for their ability to remove pollutants.
Recreational Camping Vehicle:Any of the following:
(1) Travel Trailer. A vehicular, portable structure built on a chassis, designed to be used as a
temporary dwelling for travel, recreational, and vacation uses, and permanently identified
as a travel trailer by the manufacturer of the trailer.
(2) Pickup Coach: A structure designed to be mounted on a truck chassis for use as a
temporary dwelling for travel, recreation, and vacation.
(3) Motor Home: A portable, temporary dwelling to be used for travel, recreation, and
vacation, constructed as an integral part of a self-propelled vehicle.
(4) Camping Trailer.• A folding structure, mounted on wheels and designed for travel,
recreation,and vacation use.
Recycling Drop-Off Facility: A facility used for the collection, sorting, storage, and transfer of non-
hazardous and non-organic materials for reuse in their original form or for use in manufacturing
processes that do not cause the destruction of the materials in a manner that precludes further use.
Recycling Facility: A facility used to prepare non-hazardous and non-organic materials for reuse in
their original form or for use in manufacturing processes that do not cause the destruction of the
materials in a manner that precludes further use.
Residential Facility: Any facility licensed by the State (except for foster family homes) public or
private, which for gain or otherwise, provides one or more persons with 24-hour-per-day care
including food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment.
Residential facilities include, but are not limited to, State institutions under the control of the
Commissioner of Public Welfare, residential treatment centers, maternity shelters, group homes,
halfway houses, residential programs or schools for disabled children.
Restaurant, C/ass l:Any traditional restaurant where food is served to customers and consumed on
the premises while seated at a counter or table, including cafeterias where food is selected by a
customer while going through a service line and taken to a table for consumption.
Restaurant, C/ass ll: A fast-food restaurant where customers order at a counter or drive-through
window and food is consumed at a table or taken off the premises. Class II restaurants also include
drive-through restaurants where some or all customers purchase or consume their food in an
automobile regardless of how it is served, and further includes carry-out and delivery restaurants
where food is prepared for consumption off the premises only.
Restaurant, C/ass lll: Any type of night club, tavern, restaurant, or other facility providing
entertainment, food and/or beverage that provides sit-down service, but may also provide standup
bar service and standup tables within the premises.
School - Primary, Secondary, College, or University: Any school having regular sessions with
regularly employed instructors teaching subjects which are fundamental and essential for a general
academic education, under the supervision of, and in accordance with, the applicable laws of the
State.
Seasona/ Farm Produce Sa/es: The sale, from an outdoor location which may include a temporary
booth or truck bed, by vendors who are not a part of the normal business otherwise occurring on the
site, or Christmas trees or other agricultural commodities harvested in season and hauled fresh to
the site.
Service Station(Gasoline Station):Any building or premises used principally for the dispensing, sale,
or offering for sale at retail of automobile fuels or oils or for the servicing of motor vehicles.
Story.• That portion of a building included between the upper surFace of any floor and the upper
surface of the closest floor above except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling or roof above. If the finished
floor level directly above a basement, cellar or unused under-floor space is more than six feet above
grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above
grade as defined herein at any point, such basement, cellar or unused under-floor space shall be
deemed a story.
Story, Half.• A space under a sloping roof in which the line of intersection befinreen the roof decking
and wall face is not more than three feet above the top floor level, and in which space not more than
finro-thirds of the floor area is finished for use. A half-story that contains an independent apartment or
living quarters shall be counted as a full story.
Street: The entire width between lot lines of a way or place dedicated, acquired, or intended for the
purpose of public use for vehicular traffic or access other than an alley.
Structural Alterations:Any change in the supporting components of a building, such as bearing walls
or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Structure:Anything erected or constructed, the use of which requires permanent or semi-permanent
location on and attachment to the ground, or attachment to something having a permanent location
on the ground.
Substantial Improvement:Any repair, reconstruction, or improvement of a structure,the cost of which
exceeds 50 percent of the market value of the structure before the improvement or repair is started,
or, if the structure has been damaged and is being restored, before the damage occurred.
Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that alteration affects the extemal
dimensions of the structure. The term "substantial improvemenY'does not include either:
(1) Any project for improvement of a structure to comply with existing State or local health
sanitary or safety code specifications which are solely necessary to ensure safe living
conditions;or
(2) Any alteration of a structure listed on the National Register of Historic Places or State
Inventory of Historic Places.
Sustainable Development:A development that meets the needs of the present without compromising
the ability of future generations to meet their own needs.
Taproom:A facility accessory to a brewery that is licensed by the City to sell the malt liquors made at
the brewery for consumption on the premises.
Tower. A structure, the purpose of which is to support and elevate an antenna, water tank, or other
fixture as provided in this chapter. In all cases, the height of a tower shall be measured from the
ground level regardless of whether the tower is mounted on another structure or building, and said
height shall also include any portion of the antenna or other fixture which extends above the highest
reach of the tower itself.
Townhouse: A common interest community consisting of single-family attached units comprised of
finro or more dwelling units, contiguous to each other, only by the share of one common bearing wall.
No single townhouse structure shall contain in excess of eight dwelling units and each dwelling unit
shall have separate and individual front and rear entrances.
Trade Schoo/ or Training Center.• A building, the principal use of which is the regular provision of
education or instruction to groups of persons aged 16 or older in areas including, but not limited to,
the following types of occupations: assembly or production, business or clerical, computers,
cosmetology or hair styling, electronics or mechanics, real estate, or skilled crafts. Training in adult
literacy, employment skills, or personal improvement shall also be included.
Truck/Van Terminal: A building, the principal use of which is as a relay station for the transfer of a
load from one commercial hauling vehicle to another, or for the dispatching of service, delivery, or
messenger vehicles. The terminal facility may include office/employee areas, or storage/repair areas
for vehicles associated with the terminal.
Usable Open Space: An outdoor open ground area or terrace area on a lot which is graded,
developed, landscaped, and equipped, and intended and maintained for either active or passive
recreation, which is available and/or accessible to, and usable by all persons using or occupying a
building or premises. Roofs, driveways, and parking areas shall not be regarded as usable open
space.
Use: The purpose or activity for which the land, structure, or building thereon is designated,
arranged, or intended, or for which it is occupied, utilized, or maintained, and shall include the
performance of such activity as defined by the performance standards of this chapter.
Veterinary Clinic: A building, the principal use of which is the care, diagnosis and treatment of sick,
ailing, or diseased animals, which may include kennels for domestic pets, but does not include the
treatment or boarding of farm animals or livestock.
Warehouse:A building, the principal use of which is the storage of materials or equipment, including,
but not limited to,the parking and crating of materials and/or products for later distribution.
Yard:An outdoor open space unobstructed by any structure or portion of a structure from the ground
upward; provided, however, that fences and walls may be permitted in any yard subject to height
limitations as indicated herein.
(1) Yard, Front:A yard extending between lot lines which intersect a front lot line, the depth of
which is the horizontal distance between the street right-of-way line and a line on the lot
which is at all points equal distance from the parallel to the front lot line.
(2) Yard, Rear. A yard, unoccupied except for accessory structures, on the same lot with a
principal structure between the rear line of the principal structure and the rear lot line for
the full width of the lot.
(3) Yard, Side:A yard extending from the rear line of the required front yard to the rear line of
the principal structure.
(Code 1988, § 11.03; Ord.No. 585, 1-14-1983; Ord. No. 609, 11-11-1983; Ord.No. 615, 5-25-
1984; Ord.No, 642, 11-16-1984; Ord.No. 643, 11-16-1984; Ord.No. 653,4-12-1985; Ord. No.
669, 11-15-1985; Ord.No. 50, 2nd Series, 1-14-1983; Ord.No. 53, 2nd Series, 1-24-1991; Ord.
No. 73, 2nd Series, 10-3-1991; Ord. No. 80, 2nd Series, 11-28-1991; Ord. No. 127, 2nd Series,
4-27-1995; Ord. No. 264, 2nd Series, 12-13-2001; Ord. No. 271, 2nd Series, 11-15-2002; Ord.
No. 292,2nd Series, 3-12-2004; Ord.No. 311, 2nd Series, 10-29-2004; Ord.No. 374, 2nd Series,
7-13-2007; Ord.No. 382, 2nd Series, 3-28-2008; Ord.No. 397, 2nd Series, 6-6-2008; Ord. No.
429, 2nd Series, 2-19-2010; Ord.No. 433, 2nd Series, 2-26-2010; Ord. No. 523, 2nd Series, 7-
24-2014; Ord. No. 536, 2nd Series, 1-16-2015; Ord. No. 540, 2nd Series, 1-20-2015; Ord.No.
547, 2nd Series, 3-26-2015; Ord. No. 567, 2nd Series, 7-30-2015)
Sec. 113-2.-Purpose.
The purpose of this chapter is to regulate land use within the City, including the location, size, use, and
height of buildings, the arrangement of buildings on lots, and the density of population within the City for
the purpose of promoting the health, safety, order, convenience, and general welfare of all citizens of the
City.
(Code 1988, § 11.01; Ord. No. 609, 11-11-1983)
Secs. 113-3-113-22.-Reserved.
ARTICLE II.-ADMINISTRATIVE
Sec. 113-23.-Administration and Enforcement.
The City Manager or his/her designee is hereby authorized and directed to enforce all the provisions of
this chapter. The City Manager or his/her designee may delegate this authority to any administrative
official or support staff member of the City, who shall be directly under the control and supervision of the
City Manager or his/her designee. Such staff shall have the following duties:
(1) To issue all permits required by this chapter. ,
(2) To receive, process, and forward all applications for various zoning requests as stipulated in
this chapter.
(3) To cause any building, structure, land use, place, or premises to be reviewed and examined
and to report in writing the remedy of any condition found to exist therein in violation of any
provision of this chapter.
(Code 1988, § 11.02(1); Ord. No. 583, 12-31-1982; Ord.No. 313, 2nd Series, 10-29-2004)
Sec. 113-24. -Interpretation.
(a) The provisions of this chapter shall be interpreted to be the minimum requirements for the promotion
of public safety, health, convenience, comfort, prosperity, and general welfare. It is not the intention
of this chapter to interfere with, abrogate, or annul any easements between parties; provided,
however, that the provisions of this chapter shall govern where it imposes a greater restriction upon
the use of a building or premises, the height of a building, the amount of open spaces that are
imposed or required by other City Code provisions, rules, regulations, or permits, or by easements,
covenants, or agreements.
(b) For the purposes of this chapter, the following definitions shall be used in the interpretation of the
provisions of this chapter. Words used in the present tense shall include the future tense, the
singular number shall include the plural, the plural of the singular; the term "person" shall include a
firm, association, organization, partnership, trust, company, or corporation; the terms "used" or
"occupied" include the terms "intended, designed, or arranged to be used or occupied"; the term
"shall" or "will" is mandatory; and the term "may" is permissive. Any other words used and not
defined herein shall be construed as having the commonly accepted meaning as defined in a
standard dictionary.
(Code 1988, §§ 11.02(1), 11.90(5); Ord. No. 583, 12-31-1982; Ord.No. 585, 1-14-1983)
Sec. 113-25.-Fees.
All fees provided for under this chapter, including, but not limited to, variances, zoning map amendments,
Comprehensive Plan amendments, planned unit developments and amendments, conditional use
permits, and temporary use permits, shall be fixed and determined by the City Council, adopted by
resolution, and uniformly enforced. Such fees may, from time to time, be amended by the City Council by
resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the o�ce of
the City Clerk and open to inspection during regular hours. Denial of a permit shall not be grounds for a
refund of the application fee.
(Code 1988, § 11.99(3))
Sec. 113-26.-Nonconforming Uses.
(a) Any nonconformity existing at the time of the adoption of an additional control under this chapter,
including the lawful use or occupation of land or premises, may be continued, including through
repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
(1) The nonconformity or occupancy is discontinued for a period of more than one year
(2) The nonconforming use creates or constitutes a nuisance; or
(3) Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50
percent of its market value and no building permit has been applied for within 180 days of when
the property is damaged. In this case, the City may impose reasonable conditions upon a
building permit in order to mitigate any newly created impact on adjacent property.
(b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
(c) Notwithstanding the above, the City shall regulate the repair, replacement, maintenance,
improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent
necessary to maintain eligibility for the National Flood Insurance Program and not increase flood
damage potential or the degree of obstruction to flood flows in the floodway.
(Code 1988, § 11.90(2); Ord. No. 365, 2nd Series, 3-23-2007)
State Law referenc�-Nonconformities, Minn. Stats. § 462.357, subd. le.
Sec. 113-27. -Board of Zoning Appeals.
(a) Membership. The Board of Zoning Appeals shall consist of six members. All members of the Board
of Zoning Appeals shall serve a one-year term. During the month of April the City Council shall
appoint four voting members and one non-voting youth member. A Planning Commissioner shall be
a voting member of the Board of Zoning Appeals. All of the voting members of the Planning
Commission are alternates to the Board of Zoning Appeals. In the absence of any voting member of
the Board of Zoning Appeals, any voting member of the Planning Commission may serve as an
alternate. At least one voting member of the Planning Commission shall be present at each meeting
of the Board of Zoning Appeals. The Board of Zoning Appeals shall meet at least once a month if
there are any petitions pending for action.
(b) Duties and Responsibilities. It is the duty of the Board of Zoning Appeals to evaluate and decide
petitions to the City regarding zoning and the requirements of this chapter. Specifically, it shall:
(1) Decide appeals where it is alleged that an error has been made in any order, requirement,
decision or determination, and/or interpretation made by the City Manager or other City
administrative official in enforcement and administration of this chapter.
(2) Hear requests for variances from the requirements of this chapter, including restrictions placed
on nonconformities.
(c) Variances. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this chapter and when the variances are consistent with the Comprehensive Plan.
(1) A variance may be granted when the petitioner for the variance establishes that there are
practical difficulties in complying with this chapter. The terrn "practical difficulties," as used in
connection with the granting of a variance, means:
a. The property owner proposes to use the property in a reasonable manner not permitted by
this chapter
b. The plight of the property owner is due to circumstances unique to the property not created
by the property owner; and
c. The variance, if granted,will not alter the essential character of the locality.
(2) Economic considerations alone do not constitute practical difficulties. Practical difficulties
include but are not limited to, inadequate access to direct sunlight for solar energy systems.
Notwithstanding the foregoing, variances shall be granted for earth-sheltered construction as
defined in Minn. Stats. §216C.06, subd. 14,when in harmony with this chapter.
(3) The Board of Zoning Appeals may not grant a variance that would allow any use that is not
allowed under this chapter for property in the zone where the affected person's land is located.
The Board of Zoning Appeals may impose conditions in the granting of variances. A condition
must be directly related and bear a rough proportionality to the impact created by the variance.
(4) Where the City, County, or the State creates or worsens a nonconforming setback or prevents
or worsens compliance with the applicable parking requirements by acquiring a portion of a lot
for a public improvement, the lot owner shall be entitled as a matter of right to obtain a variance
for the nonconforming setback or parking condition so created or worsened. This subsection
shall apply only to acquisitions taking place after June 1, 1992, and shall not apply to
acquisitions taking place in the normal course of the land subdivision(platting)process. Nothing
contained in this subsection shall be interpreted to lessen the requirement for a traffic
management plan contained in this chapter.
(d) Procedures.
(1) Appeals to the Board of Zoning Appeals may be taken by an affected person by filing a petition
form with the City. Such petitions shall be heard at the next regular monthly meeting of the
Board of Zoning Appeals, provided that such petitions must be received by the City Manager or
his/her designee no later than 15 working days prior to the meeting date for which a hearing
could be scheduled. Failure to follow this procedure shall result in a delay of the hearing until
the next regular meeting of the Board of Zoning Appeals.
(2) The Board of Zoning Appeals shall give at least 10 days'written notice of the time, place, and
nature of the appeal hearing to the petitioner and to all adjacent property owners.Any party may
appear at such hearing, whether in person or by agent or attorney.
(3) The Board of Zoning Appeals shall make its order with respect to said appeal within 60 days of
submission of the petition.
(4) Within 30 days of the final order of the Board of Zoning Appeals, any petitioner feeling
aggrieved by the decision of the Board of Zoning Appeals may file a written appeal with the
designated staff liaison, thereby appealing the decision of the Board of Zoning Appeals to the
City Council. The City Council shall, within 30 days from the date of such appeal, make its
findings and determination with respect to the appeal and serve a written report thereof upon
the appellant by United States mail. If no appeal is taken by the petitioner from the decision of
the Board of Zoning Appeals in the manner provided above, then the decision of the Board of
Zoning Appeals shall be final.
(5) In those cases where the effect of the decision of the Board of Zoning Appeals is to grant a
variance, the permission or license to perform the action authorized thereby shall lapse one
year after the order granting the variance is served by mail, unless construction has
commenced or a valid building permit for the work described in the variance has been issued
and work is proceeding in an orderly way within said one-year period in accordance with the
plans for which such variance was approved, or unless otherwise specified in the order granting
the variance. The City Council, in its sole discretion, may grant an extension of up to one
additional year upon request of the applicant. Any modification of the plans prior to or during
construction shall be cause for the issuance of a stop order and the filing of a new petition for
variance if such modification adversely affects any aspect of the plans directly involved in the
consideration and approval of the earlier variance petition.
(6) A variance shall be effective only to the extent of the exact circumstances contained in the
approved petition. Any subsequent property alteration that would impact the extent of an
existing variance, either through additional horizontal or vertical expansion or through such
other form of change as may be applicable shall require a new petition for variance. A
proposed, fully conforming alteration to a property for which a past variance was granted shall
also require a new petition for variance if the official records of the Board of Zoning Appeals
indicate that the current proposal adversely affects an aspect of the property that served as full
or partial grounds for the earlier variance.
(Code 1988, § 11.90(4); Ord.No. 583, 12-31-1982; Ord.No. 89, 2nd Series, 5-21-1992; Ord.
No. 142, 2nd Series, 3-14-1996; Ord.No. 464, 2nd Series, 7-30-2011; Ord. No. 620, 2nd Series,
3-21-2017)
State Law reference—Board of adjustment and appeals, Minn. Stats. § 462.354, subd. 2;
appeals and adjustments, Minn. Stats. § 462.354, subd. 6.
Sec. 113-28.-Comprehensive Plan.
(a) The City Council shall adopt, and may from time to time amend, a municipal Comprehensive Plan
pursuant to Minn. Stats. §§ 473.851-473.871. The Comprehensive Plan shall serve as a guide to
the City and its public officials for future development and zoning actions.
(b) Before adopting any such plan or amendment, the City Council shall solicit the recommendations of
the Planning Commission.
(c) The Planning Commission shall hold at least one informal public hearing on any plan or proposed
amendment before recommending any such plan or amendment or portion thereof.
(d) The City Council shall take no action on a proposed plan or amendment until it receives the
Planning Commission's recommendation, or until 60 days after such plan or proposed amendment
has been submitted to the Planning Commission.
(e) Upon receiving the findings and recommendations of the Planning Commission, or the elapse of
said 60-day period, the City Council shall upon published notice hold an official public hearing with
respect to the proposed adoption of, or amendment to,the Comprehensive Plan.
(f) All official public hearings required by this section shall be held no sooner than 10 days after a notice
has been published in the official City newspaper.
(g) Any action taken at such official public hearing shall become part of the Comprehensive Plan for the
City, provided that a resolution evidencing said action was approved by a two-thirds vote of all of the
members of the City Council.
(h) All eligible applications for Comprehensive Plan amendments must comply with the City's Mixed-
Income Housing Policy.
(Code 1988, § 11.90(7); Ord.No. 670, 11-15-1985; Ord.No. 345, 2nd Series, 5-25-2006; Ord.
No. 631,2nd Series, § 10, 3-6-2018)
Sec. 113-29.-Zoning Map and Chapter Amendments.
(a) No change, modification, or amendment shall be made to the boundary or designation of a,ny zoning
district on the zoning map, or to the provisions of this chapter, except after an official public hearing
and upon a majority affirmative vote of the City Council. Zoning map or chapter amendments may be
initiated by the City Council or by petition of affected persons and owners of property within the City.
(b) Upon receipt of such a petition, the matter shall be referred to the Planning Commission for review
and recommendation.
(c) The Planning Commission shall hold at least one informal public hearing on any proposed zoning
map or chapter amendment before recommending any such change or amendment. For zoning map
amendments, all property owners within 500 feet of the subject site shall be notified of the informal
public hearing by the U.S. mail not less than 10 days prior to the date of the informal public hearing.
Such notice shall include the date, time, and place of the hearing and shall identify the subject site.
(d) The City Council shall take no action on a proposed amendment until it receives the Planning
Commission's recommendation, or until 60 days after such proposal has been submitted to the
Planning Commission.
(e) Upon receiving the findings and recommendations of the Planning Commission, or the elapse of
said 60-day period, the City Council shall call and conduct an official public hearing to consider the
proposed zoning map or chapter amendment.
(f) All official public hearings required by this section shall be held no sooner than 10 days after a notice
has been published in the official City newspaper. For zoning map amendments, copies of the
written notice in the form published shall be mailed to all property owners within 500 feet of the
subject site not less than 10 days prior to the date of such official public hearing.
(g) The adoption or amendment of any portion of a zoning ordinance which changes all or part of the
existing classification of a zoning district from residential to commercial, light industrial, industrial, or
business and professional offices requires a two-thirds majority affirmative vote of all members of the
City Council.
(h) All eligible applications for zoning map amendments must comply with the City's Mixed-Income
Housing Policy.
(Code 1988, § 11.90(3); Ord. No. 271,2nd Series, 11-15-2002; Ord.No. 631, 2nd Series, § 9, 3-
6-2018)
State Law reference—Amendments, Minn. Stats. § 462.457, subds. 3,4.
Sec. 113-30.-Conditional Uses.
(a) The purpose and intent of this section is to provide the City with a reasonable degree of discretion
to determine the suitability of certain uses with characteristics which may be appropriate within a
given zoning district but which might have an unusual impact upon surrounding properties or which
might otherwise adversely affect the future development of the City or the general public health,
welfare, or safety of the property or residents therein. A conditional use permit shall be required for
those occupations, vocations, skills, businesses, or other uses specifically designated in each zoning
district as requiring such a permit.
(b) An application for a conditional use permit may be made by any governmental body, department,
board, or commission, or by any person, individual or corporate, having a legal interest in the
property described in the application. Each property site shall require its own application. Single
applications may not be made for noncontiguous or scattered sites.
(c) The City Manager or his/her designee shall refer the application to the Planning Commission to hold
an informal public hearing. The applicant and all property owners within 500 feet of the subject site
shall be notified of the informal public hearing by the U.S. mail, not less than 10 days prior to the
date of this informal public hearing. Such notice shall include the date, time, and place of the hearing
and shall identify the subject site.
(d) The Planning Commission shall make findings and recommendations to the City Council based
upon any or all of the following factors (which need not be weighed equally) and shall present its
findings and recommendations to the City Council in writing:
(1) Demonstrated need for the proposed use.
(2) Consistency with the Comprehensive Plan of the City.
(3) Effect upon property values in the neighboring area.
(4) Effect of any anticipated traffic generation upon the current traffic flow and congestion in the
area.
(5) Effect of any increases in population and density upon surrounding land uses.
(6) Compliance with the City's Mixed-Income Housing Policy(if applicable to the proposed use).
(7) Increase in noise levels to be caused by the proposed use.
(8) Any odors, dust, smoke, gas, or vibration to be caused by the proposed use.
(9) Any increase in pests, including flies, rats, or other animals or vermin in the area to be caused
by the proposed use.
(10) Visual appearance of any proposed structure or use.
(11) Any other effect upon the general public health, safety, and welfare of the City and its
residents.
(e) The City Council shall take no action on the application until it receives the Planning Commission's
recommendation, or until 60 days after such application has been submitted to the Planning
Commission. Upon receiving the findings and recommendations of the Planning Commission, or the
elapse of said 60-day period, the City Council shall call and conduct an official public hearing to
consider the application.
(f) Notice of the official public hearing shall be published in the official newspaper of the City not less
than 10 days prior to the date of the hearing. Such notice shall include the date, time, and place of
the hearing and shall reasonably identify the subject site. In addition, copies of the written notice in
the form published shall be mailed to the applicant and to all property owners within 500 feet of the
subject site not less than 10 days prior to the date of such official public hearing.
(g) The City Council shall make findings and shall grant or deny a permit based upon any or all of the
factors found above. The City Council may make its approval of the permit contingent upon such
conditions as it determines necessary to prevent or minimize injurious effects upon the
neighborhood. The City Council may also require that sufficient performance bonding by an
acceptable surety be supplied by the property owner to ensure satisfactory compliance with the
conditions imposed by the conditional use permit.
(h) The City Council shall set forth in writing its decision, and the specific reasons for such decisions,
following the official public hearing. The applicant shall be notified in writing of the City Council's
decision. If the application is denied in whole or in part or conditions are imposed, the reasons for
such denial or for the imposition of conditions, shall accompany this notification.
(i) No application which has been denied wholly or in part shall be resubmitted for a period of six
months from the date of said denial, except on the grounds of new evidence or upon proof of
changes of conditions. Each resubmission shall constitute a new filing and a new filing fee in an
amount adopted by resolution of the City Council shall be required.
(j) Unless extended by the City Council in its sole discretion for an additional period of up to 12 months,
construction and all other pertinent implementation relating to an approved conditional use permit
must begin within 12 months of the date that the conditional use permit is approved or the conditional
use permit shall be deemed null and void. If the approved conditional use should cease for a period
of more than 12 consecutive months, the conditional use permit shall be deemed to have expired.
(k) Changes to an approved conditional use permit affecting uses, parking and loading, or components
other than minor changes shall require amendment to the conditional use permit by the City. The
requirements for application and approval of a conditional use permit amendment shall be the same
as the requirements for original application and approval.
(I) The City Council shall have the right to revoke or suspend any conditional use permit whenever the
terms or conditions of such permit have been violated or broken. All such action by the City Council
to revoke or suspend a conditional use permit shall be by means of a majority affirmative vote of City
Council Members.
(Code 1988, § 11.80; Ord.No. 540, 5-7-1981; Ord.No. 573, 8-27-1982; Ord.No. 256, 2nd
Series, 8-16-2001; Ord.No. 273, 2nd Series, 11-15-2002; Ord.No. 631, 2nd Series, § 8, 3-6-
2018)
Sec. 113-31. -Temporary Uses.
(a) Purpose and Intent. The purpose and intent of this section is to provide conditions under which
certain temporary uses may be allowed while ensuring a minimum negative impact to neighboring
land uses.
(b) Permitted Temporary Uses.
(1) Mobile food vending.
(2) Seasonal farm produce sales.
(3) Temporary retail sales.
(c) Prohibited Temporary Uses. Temporary family health care dwellings, as defined in State law, are
prohibited in all zoning districts.
(d) General Requirements.
(1) Mobile Food Vending. The City Manager or his/her designee may issue a permit for a mobile
food vending operation, defined as a self-contained vehicle or trailer used to prepare and serve
food that is ready movable without disassembling, to operate for a temporary period not to
exceed three days in City parks, one day in Residential Zoning Districts, or 120 days in all other
zoning districts. Properties in residential zoning districts are limited to two permits in a 12-month
period. The permit application shall be on a form promulgated by the City Manager or his/her
designee and shall include any information needed to establish compliance with this section.
Any application shall include the application fee amount established by the City Council in the
Master Fee Schedule, and such fee shall be not refundable if the permit is denied or the
applicant withdraws or otherwise ceases operation or use of the permit. All mobile food vending
permit applications and permits shall be subject to the following conditions:
a. With the permit application, the applicant shall provide written proof that the applicant is the
current holder of all licenses required by the County and the State, as applicable, with
respect to a mobile food vending operation in which food is prepared and served on a
vehicle or trailer, and the vendor shall maintain such license in good standing for the
duration of the permit.
b. The vendor shall comply with all other applicable provisions of the City Code, including, but
not limited to, those regulations regarding parking, signage, lighting, and sound.
c. A permit is valid for only one mobile food vending vehicle or trailer.
d. The permitted days of operation shall be set forth in the permit. A vendor that has obtained
a permit under this section, upon the expiration thereof, may apply for another permit under
this section.
e. The permit application shall contain a signed statement that the applicant shall hold
harmless the City, and their o�cers and employees, and shall indemnify the City, and their
officers and employees for any claims for damage to property or injury to persons which
may be occasioned by any activity carried on under the terms of the permit.
f. If the application seeks to operate a vending operation in a City-owned property and/or on
the public right-of-way, the application shall include documentation satisfactory to the City
Manager or his/her designee evidencing the applicant's public liability, food products
liability, automobile liability, and property damage insurance and that the City is or will be
named as an additional insured on such insurance for all the permitted days of operation.
Such insurance shall be maintained without change for the duration of the permitted days
of operation.
g. The permit shall set forth the location where the vending operation may operate and it shall
be a violation of this section for any vendor to engage in vending operations in any location
in the City other than the location set forth in the permit. Mobile food vendors must be
located at least 10 feet from all principal and accessory structures as well as five feet from
side and rear yard property lines.
h. Overnight parking and storage by the vendor is prohibited at the permitted location. The
vendor must vacate the permitted location when not engaging in vending operations. Hours
of vending operation are limited to 8:00 a.m. to 10:00 p.m. unless otherwise limited or
extended by the City Manager or his/her designee, as set forth in the permit. Permits
approved for vending operations on properties located in Residential Zoning Districts are
limited to an eight-hour time period.
i. With the permit application, the applicant shall provide written proof permission from the
owner of the property at the permitted location to engage in vending operations at those
location. If the permitted location is located on City-owned property, the issuance of the
permit by the City shall constitute such permission.
j. The vendor must keep a copy of the permit with the vending unit and demonstrate
compliance with the permit and the permit conditions set forth in this section upon
inspection.
k. The vending operation may be located on public right-of-way unless right-of-way adjacent
to the property for which the permit is issued, with the service window facing the curbside
of the street. The vending operation may not block sidewalks or drive aisles, impede
pedestrian or vehicular traffic, or interfere with public safety.
I. The vending operation shall be located on an impervious surface unless unique
circumstances cause the City Manager or his/her designee to permit the operation to be
located on a pervious surface.
m. No vending operation may occupy accessible parking spaces or parking spaces used to
fulfill any property's minimum parking requirements under this Code, unless the applicable
property owner can demonstrate that parking would be adequately supplied during the
vending operations.
n. The vendor must provide and remove trash and recycling receptacles for customer use and
keep the site in a neat and orderly fashion. The permitted location must be kept free from
litter, refuse, debris, junk or other waste which results in offensive odors or unsightly
conditions. The vendor shall be responsible for all litter and garbage left by customers.
o. No vending operation may be located within 200 feet at its closest point to the main
entrance of a public eating establishment or any outdoor dining area with the exception of
other mobile food vendors and except with the written consent of the proprietor of the
establishment or dining area. No person shall either pay or accept payment for such written
consent. With the permit application,the applicant shall provide written permission from the
proprietor when applicable.
p. No vending operation may be located within 1,000 feet at its closest point to a school while
the school is in session unless written permission from the school principal is provided in
the permit application. With the permit application, the applicant shall provide written
permission from the principal when applicable.
q. Permits issued for vending operations on properties located in Residential Zoning Districts
must limit sales to the property owner and other private parties associated with the private
event. The vending operation shall not serve the general public unless a special event
permit is approved by the City.
r. The placement, duration, or any other applicable requirements for operation under this
section may be superseded by the provisions of an approved special event permit.
s. If, while holding a permit granted under this section, a vendor violates any provision of this
section, in addition to any other remedy provided under this Code, the City Manager or
his/her designee may revoke the permit and/or prohibit such vendor from obtaining a new
permit under this section for a period not exceeding 13 months from the date of such
violation for properties in Residential Zoning Districts and not exceeding 30 days from the
date of such violation for properties in all other zoning districts.
(2) All Seasona/Farm Produce Sales. The City Manager or his/her designee may issue a permit
for seasonal farm produce sales. All permits for seasonal farm produce sales shall be subject to
the following conditions:
a. Seasonal farm produce sales shall take place only in a zoning district for which it is listed
as a permitted use.
b. Seasonal farm produce sales operations shall not exceed a temporary period of 45
consecutive days. This shall include each day, or any part thereof, during which any
structure, equipment, or merchandise can be found at the sale premises, regardless of
whether any actual sales transactions occur on that day. However, a single permit may be
issued for a period of up to six months at a time provided that the operation so permitted
occupies the same site according to a regular schedule not to exceed two days or portions
thereof per week and also provided that the operation so permitted completely vacates the
premises on those days or portions thereof when not scheduled to conduct sales
transactions.
c. A completed application shall be submitted at least three weeks prior to the
commencement of seasonal farm produce sales activity.
d. With the permit application, the applicant shall provide written proof of permission from all
owners, managers, or involved operators of the property to be occupied by or involved in
the sales. The conditions of the permit are considered binding on any involved operator,
owner, and manager of the seasonal farm produce sales operation. With the permit
application, the applicant shall provide written consent of adjacent property owners, when
required under the terms of this section.
e. With the permit application, the applicant shall provide proof that all applicable licenses and
approvals from the City, the County, or other governmental units have been obtained and
the applicant shall maintain such license and approvals in good standing for the duration of
the permit.
f. No sales transactions or promotional efforts shall take place within any part of a public right-
of-way or within 25 feet of any street lot line.
g. Sales operations may be located within side or rear setback areas provided that any
damage to or alteration of landscaping elements is subsequently corrected, and providing
that written consent is obtained from the owners of any nonresidential property located
within 15 feet of the actual sales site and any residential property located within 50 feet of
the actual sales site, and providing that the City review staff find no potentially hazardous
situations that could occur because of the location of the sales site.All existing landscaping
elements within 10 feet of the proposed site shall be shown on the site plan submitted with
application. The exact dimensions and proposed location of any booth, tent, vehicle, rack,
barrel, or other structure or equipment shall also be provided. Photographs of any
structures, vehicles, or equipment to be used for the sales operation may be required.
h. The parking and circulation plan submitted with the permit application must demonstrate
that the proposed site meets the requirements of this section with regard to parking and
on-site vehicular circulation.
i. A sign permit is required for all signage for seasonal farm produce sales. All signage shall
comply with the provisions of Chapter 105.
j. If the proposed sales hours are to extend after dark, a lighting plan must demonstrate that
adequate light will be provided for the sales operation in such a way as to minimize any
potential hazard or distraction to others.
k. Up to 25 percent of the area occupied by a sales operation may be used for the storage
and sale of processed agricultural products such as honey, juices, or hand-crafted
decorative display items if, in the judgment of the City review staff, the amount and type of
processing still meets the intent of this section.
I. For sales operations occupying sites of 180 square feet in area or less or for sales of
Christmas trees occupying sites of more than 180 square feet of area, the area occupied
by a sales operation shall be calculated to include any structure, vehicle, equipment, and
merchandise storage or display area, plus an extra two feet of clear space beyond the limit
of such elements at any location where customer circulation can be expected to occur. In
no case may an individual sales operation exceed 180 square feet.
m. For sales operations occupying sites of 180 square feet in area or less or for sales of
Christmas tree occupying sites of more than 180 square feet of area, there shall be no on-
site parking required for the sales operation itself, but it shall not impede normal on-site
vehicular circulation. The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the sale.
Determination of compliance with this requirement shall be made by the City, which shall
consider the nature of the sale and the applicable parking requirements of this chapter.
Consideration shall be given to the parking needs and requirements of other occupants in
the case of shopping centers and multi-tenant buildings. Parking on public right-of-way and
streets is prohibited.
n. If while holding a permit granted under this section, a vendor violates any provision of this
section, in addition to any other remedy provided under this Code, the City Manager or
his/her designee may revoke the permit.
(3) Temporary Retail Sa/es. The City Manager or his/her designee may issue a permit for
temporary retail sales in the Light Industrial and Industrial Zoning Districts. All permits for
temporary retail sales shall be subject to the following conditions:
a. Temporary retail sales in the Light Industrial and Industrial Zoning Districts shall not exceed
five consecutive days or a total of 15 days in any one calendar year.
b. Temporary retail sales shall include only the retail sales contemplated by the permitted
uses in the Commercial Zoning District. Retail sales contemplated by the conditional uses
in the Commercial Zoning District are excluded.
c. A completed application shall be submitted at least two weeks prior to the commencement
of the temporary retail sale.
d. With the permit application, the applicant shall provide written proof of permission from the
owner of the property at the permitted location that authorizes the applicant to engage in
temporary retail sales at that location. The applicant shall also provide written certification
from the property owner that notification of the temporary retail sale has been given to all
other tenants of the building or site in which the sale is to take place.
e. With the permit application, the applicant shall provide proof that all applicable licenses and
approvals from the City, the County, or other governmental units have been obtained and
the applicant shall maintain such license and approvals in good standing for the duration of
the permit.
f. The temporary retail sales operation shall comply with all fire and safety provisions required
by the City Code for the duration of the permit.
g. With the permit application, the applieant shall provide a vehicle circulation and street
access plan. It shall include acceptable methods of access to the sale premises and
acceptable traffic control measures to ensure safety of those entering and exiting the sale
premises. The operator of the sale must provide at his/her cost all traffic control measures
recommended by the City Manager or his/her designee which may include the hiring of
qualified persons to control traffic. Safe ingress and egress to the site is required for
approval of the permit. The temporary retail sale shall not interrupt vehicular circulation on
the site or obstruct parking spaces needed by permanent businesses established on the
site.
h. With the permit application, the application shall provide a parking plan that indicates
adequate available parking on the sale premises during its proposed hours of operation.
The plan must also indicate adequate parking for any other businesses located on the
same sale premises. Adequate off-street parking for the sale must be provided and off-
street parking must not impede the operation of other businesses on the premises for the
duration of the permit.
i. The temporary retail sale shall take place only inside a building.
j. Sale hours shall be between 9:00 a.m. and 9:00 p.m. The exact dates and hours of
operation of the proposed sale shall be set forth in the permit.
k. If while holding a permit granted under this section, a vendor violates any provision of this
section or conditions set forth in the permit, in addition to any other remedy provided under
this Code, the City Manager or his/her designee may revoke the permit.
(Code 1988, §§ 11.04, 11.78; Ord.No. 127, 2nd Series,4-27-1995; Ord.No. 272,2nd Series, 10-
15-2002; Ord.No. 562, 2nd Series, 7-30-2015; Ord.No. 601, 2nd Series, 6-7-2016; Ord.No.
610,2nd Series, 8-25-2016; Ord.No. 622, 2nd Series, § 1, 6-20-2017)
Sec. 113-32.-Site Plan Review.
(a) Site plan review standards are established to promote development that is compatible with nearby
properties, neighborhood character, and natural features, and consistent with the Comprehensive
Plan and/or area plans adopted by the City Council. The regulations are intended to minimize
pedestrian and vehicular conflict, to promote public safety, and to encourage a high quality of
development. The regulations recognize the unique character of land and development throughout
the City and the need for flexibility in site plan review.
(b) Within the I-394 Mixed Use Zoning District, site plan approval is required prior to issuance of City
permits for any proposed construction,with the following exceptions:
(1) Construction or alteration of an accessory structure.
(2) A use within an existing building that has received site plan approval, if the establishment of the
use does not alter the approved site plan for the property.
(3) Proposed modifications that are strictly related to the interior of the building.
(4) Modifications, additions, or enlargements to a building which do not increase the gross floor
area by more than 500 square feet or 10 percent, whichever is less, and which do not require a
variance from the provisions of this chapter.
(5) Alteration or expansion of an existing parking lot that results in a change of no greater than 10
percent of the total number of parking spaces.
(�) Grading or site preparation that results in minor modifications to the existing site, as approved
by the City Engineer.
(c) Applications for site plan approval shall be made on forms provided by the City and shall include all
information deemed necessary by the City Manager or his/her designee.
(1) Site or building plans shall be approved by the Planning Commission. The approval shall be
completed within 30 days of receipt of complete plans. The applicant shall be notified by U.S.
mail of the decision of the Planning Commission.Within 30 days of the decision of the Planning
Commission, the applicant may file a written appeal of the decision to the City Manager or
his/her designee, thereby appealing the Planning Commission decision to the City Council. The
City Council shall, within 30 days from the date of such appeal, make its findings and
determinations with respect to the appeal and serve written notice to the appellant by U.S. mail.
(2) All developments that require a variance and site and building plan review shall obtain the
variance prior to starting the building or site plan review process.
(d) Site plans shall be reviewed with reference to:
(1) Conformance to the applicable standards of the City Code and other City requirements.
(2) Where applicable, consistency with the development standards and objectives established for
the I-394 Mixed Use Zoning District or specific areas or districts in the Comprehensive Plan or
other area plans adopted by the City.
(Code 1988, § 11.48; Ord.No. 397, 2nd Series, 6-6-2008)
Sec. 113-33. -Tax Parcel Division or Combination.
(a) The City shall review the division or combination of tax parcels by the County in order to ensure that
structural nonconformities are not created as a result of the division or combination.
(b) A request to divide or combine tax parcels must be approved by the City prior to the addition or
removal of a property ID by the County.
(c) A request for approval of a tax parcel division or combination shall be accompanied by the
submission of a property survey in order to demonstrate conformance with this chapter. Upon finding
that all City requirements have been met, the City Manager or his/her designee shall grant approval
for the tax parcel division or combination, as established and defined by the County.
(d) Once approved, the City shall notify by mail all property owners within 250 feet of the subject site.
(Ord.No. 620, 2nd Series, § l, 3-21-2017; Ord.No. 622,2nd Series, § 2, 6-20-2017)
Secs. 113-34-113-54.-Reserved.
ARTICLE III. -ZONING DISTRICTS
DIVISION 1.-GENERALLY
Sec. 113-55. -Zoning Districts.
(a) Districts. For the purpose of this chapter, the City is divided into the following zoning districts:
(1) Single-Family Residential(R-1).
(2) Moderate Density Residential(R-2).
(3) Medium Density Residential(R-3).
(4) High Density Residential(R-4).
(5) Commercial.
(6) Light IndustriaL
(7) Industrial.
(8) Business and Professional Offices.
(9) Institutional.
(10) I-394 Mixed Use.
(b) Establishment. The districts and their boundaries are hereby established. No structure, building,
premises, or land use shall be erected, established, or used for any purpose that does not comply
with all applicable regulations of the district in which such structure, building, premises, or land use is
located.
(Code 1988, § 11.10; Ord.No. 99,2nd Series, 5-20-1993; Ord.No. 376, 2nd Series, 7-13-2007)
Sec. 113-56.-Official Zoning Map.
(a) Map Elements. The Official Zoning Map, together with all explanatory information or descriptions, is
adopted by reference and declared to be a part of this chapter. The Official Zoning Map shall show
the division of the City into zoning districts and shall be identified by the signature of the Mayor,
attested to by the City Clerk, and bear the seal of the City under the words: "This is to certify that this
is the Official Zoning Map referred to in the Zoning Chapter of the City Code of the City of Golden
Valley,"together with the date of adoption of the ordinance from which this section is derived.
(b) Amendments. If changes are made in district boundaries or other matters depicted on the Official
Zoning Map, such changes shall be inscribed on the Official Zoning Map promptly after the
amendment has been approved (or the permit has been issued) by the City Council together with an
entry on the Official Zoning Map reflecting the number and date of enactment of the amending
ordinance or resolution which effected the change.
(c) Unauthorized Changes. Any unauthorized change of the Official Zoning Map of whatever kind by a
person is unlawful.
(d) Vacations. Whenever any street, alley, or other public way is vacated by official action of the City
Council, the zoning districts adjoining each side of such street, alley, or public way shall be
automatically extended to the center of such vacation, and all area included in the vacation shall then
be subject to all regulations applicable to the extended districts, provided that if, in the judgment of
the City Attomey, the vacated street, alley, or public way does not become property of the adjoining
landowners, then such automatic extension does not take place.
(Code 1988, § 11.11; Ord.No. 609, 11-11-1983; Ord. No. 244, 2nd Series, 4-26-2001)
Sec. 113-57.-General Requirements.
(a) Applicability. The following requirements shall apply to each of the City's zoning districts, unless
noted otherwise.
(b) Lot and Yard Requirements.
(1) Principal Structures on One Lot. Except for lots within the I-394 Mixed Use Zoning District or
regulated under the planned unit development regulations of this chapter, every principal
structure erected in the City after October 3, 1991, shall be located on a separate lot, and in no
case shall there be more than one principal structure on a lot.
(2) Divisions and Combinations. No division or combination of lots shall be permitted which fails to
result in all lots conforming to this Code. Where City approval was obtained before October 3,
1991, of a combination of more than one lot or parcel, the combination shall be considered one
lot, except that:
a. If a principal structure is situated on two or more lots, but one or more of the lots is not
necessary in order to allow the structure to maintain conformance with the requirements of
the City Code in force at the time it was constructed, a division shall be permitted. Lots
required for the structure may not be treated as separate lots unless the structure is
removed or modified so as to come into conformance with all requirements of the City
Code.
b. If a principal structure is situated on two or more lots and additional land is acquired so that
the structure may be expanded, all of the lots must be replatted to conform to the City
Code.
c. If a principal structure is situated on two or more lots and additional land is not necessary
for a proposed expansion of the structure, replatting will not be required.
(3) Rounding. In order to meet front yard, side yard, and rear yard setbacks of five feet or greater
required by this chapter, landowners may compute the distance between their structure and the
lot line by rounding up to the next whole foot (for example, a distance greater than 14.0 feet
may be rounded to 15 feet).
(4) Corner Visibility. All structures shall meet the corner visibility requirements of the City Code.
(5) Easements. No structures shall be located in dedicated public easements.
(Code 1988, §§ 11.02(2), 11.03(63), 11.12; Ord.No. 609, 11-11-1983; Ord. No. 73,2nd Series,
10-3-1991; Ord.No. 292, 2nd Series, 3-12-2004; Ord.No. 397, 2nd Series, 6-6-2008)
Secs. 113-58-113-87.-Reserved.
DIVISION 2.-SPECIFIC ZONING DISTRICTS
Sec. 113-88.-Single-Family Residential(R-1)Zoning District.
(a) Purpose. The purpose of the Single-Family Residential (R-1) Zoning District is to provide for
detached single-family dwelling units at a low density along with directly related and complementary
uses.
(b) District Established. Lots shall be established within the R-1 Zoning District in the manner provided
for in Section 113-29. The district established and/or any subsequent changes to such district shall
be reflected in the Official Zoning Map of the City as provided in Section 113-56.
(c) Principal Uses. The following principal uses shall be permitted in the R-1 Zoning District:
(1) Single-family dwellings, consistent with the City's Mixed-Income Housing Policy
(2) Residential facilities serving six or fewer persons
(3) Foster family homes; and
(4) Essential services, Class I.
(d) Accessory Uses. The following accessory uses shall be permitted in the R-1 Zoning District:
(1) When the property owner resides in the dwelling, rental of single sleeping rooms to not more
than two people for lodging purposes only; and
(2) In-home child care licensed by the State.
(3) Home occupations,as governed by the following requirements:
a. The use of the dwelling for the occupation or profession shall be incidental and secondary
to the use of the dwelling for residential purposes.
b. The exterior appearance of the structure shall not be altered for the operation of the home
occupation.
c. There shall be no outside storage or display of signage or anything related to or indicative
of the home occupation.
d. An accessory structure, including a garage, shall not be used for a home occupation.
e. A permitted home occupation shall not result in noise, fumes, traffic, lights, odor, excessive
sewage or water use or garbage service, electrical, radio, or TV interference in a manner
� detrimental to the health, safety, enjoyment, and general welfare of the surrounding
residential neighborhood.
f. No physical products shall be displayed or sold on the premises those incidental to the
permitted home occupation.
g. No signs or symbols shall be displayed other than those permitted for residential purposes.
h. Clients, deliveries, and other business activity where persons come to the home shall be
limited to the hours of 9:00 a.m. to 9:00 p.m.
i. No more than 20 percent of the gross floor area of the dwelling shall be used for the home
occupation.
j. Parking related to the home occupation shall be provided only on the driveway of the
property where the home occupation operates.
k. A home occupation shall not generate more than eight client trips per day and serve no
more than two clients or customers at a time.
I. There shall only be one outside employee allowed on the premises at which a home
occupation is located.
m. All other applicable City, State, and Federal licenses, codes and regulations shall be met.
n. The following uses are prohibited home occupations:
1. Repair, service, building, rebuilding or painting of autos, trucks, boats, and other
vehicles
2. Repair and senrice of items that cannot be carried by one person and repair and
service of any item involving an intemal combustion engine or motor
3. Retail sales
4. Medical/dental clinic or similar
5. Restaurants or cafes
6. Animal hospital
7. Veterinary clinic
8. Stable or kennel
9. Funeral home, mortuary, or columbarium; and
10. Sale or repair of firearms.
(e) Conditional Uses. The following conditional uses may be allowed after review by the Planning
Commission and approval by the City Council in accordance with the standards and procedures set
forth in this chapter:
(1) Residential facilities serving from seven to 25 persons; and
(2) Group foster family homes.
(f) Principal Structures. Principal structures in the R-1 Zoning District shall be governed by the following
requirements:
(1) Setback Requirements. The following setbacks shall be required for principal structures in the
R-1 Zoning District. Garages or other accessory structures which are attached to the dwelling or
main structure shall also be governed by these setback requirements, except for stairs and stair
landings of up to 25 square feet in size and for accessible ramps.
a. Front Setback. The required minimum front setback shall be 35 feet from any front lot line
along a street right-of-way line. Decks and open front porches, with no screens, may be
built to within 30 feet of a front lot line along a street right-of-way line.
b. Rear Setback. The required rear setback shall be 25 feet.
c. Side Setbacks. Side yard setbacks are determined by the lot width at the minimum required
front setback line. The distance between a structure and the side lot lines shall be
governed by the following requirements:
1. In the case of lots having a width of 100 feet or greater, the side setbacks for any
portion of a structure 15 feet or less in height shall be 15 feet. The side setbacks for
any portion of a structure greater than 15 feet in height shall be measured to an
inwardly sloping plane at a ratio of 2:1 beginning at a point 15 feet directly above the
side setback line(see figure below).
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2:1 slope � +
Averege height of highest
---------------------------- pitchedroof28'maximum
-"---"`-"'-�-'----'--'-"-------- Flatroof25'maximum
15'height 15'height
15'side setback 15'side setback
Lot width 100'or greater
2. In the case of lots having a width greater than 65 feet and less than 100 feet, the side
setbacks for any portion of a structure 15 feet or less in height shall be 12.5 feet. The
side setbacks for any portion of a structure greater than 15 feet in height shall be
measured to an inwardly sloping plane at a ratio of 2:1 beginning at a point 15 feet
directly above the side setback line(see figure below).
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z:1 slope
: ;
Average height of highest
----------------------- pitchedroof28'maximum
-��"---"--T4"--"�"--"-�-` Flatroof25'maximum
15'height 15'height
12.5'slde setback 12.5'side setback
�ot width greater than 65'&less than 100'
3. In the case of lots having a width of 65 feet or less, the side setbacks for any portion
of a structure 15 feet or less in height along the north or west side shall be 10 percent
of the lot width and along the south or east side shall be 20 percent of the lot width(up
to 12.5 feet). The side setback for any portion of a structure greater than 15 feet in
height measured to an inwardly sloping plane at a ratio of 4:1 beginning at a point 15
feet directly above the side setback line(see figure below).
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4:1 slope � �
Average height of highest
------------ pitchedroof28'maximum
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South or East North or West
Side�etback 2096 of lot width Side setback 10%of lot width
Lot width 65' or less
d. Corner Lot Setbacks. To determine the side yard setback, use the shorter front lot line.
e. Building Envelope. Taken together, the front, rear, and side setbacks and the height
limitation shall constitute the building envelope (see figures below). No portion of a
structure may extend outside the building envelope, except for:
1. Cornices and eaves, no more than 30 inches
2. Bay windows or chimney chases, no more than 24 inches
3. Chimneys,vents, or antennas
4. Stairs and stair landings up to 25 square feet in size; or
5. Accessible ramps.
Rear Lot Line
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R�ar Yard
�
Side
Lot Line
Side � � ����
Lot�ine `
Building
- Envelope
Side Side
Yard Yard
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Front Yard
W
Front Lot Line
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.
(2) Height Restrictions. No principal structure shall be erected in the R-1 Zoning District with a
building height exceeding 28 feet as measured from the average grade at the front building line.
The average grade for a new structure shall be no more than one foot higher than the average
grade that previously existed on the lot.
(3) Structure Width Requirement. No principal structure shall be less than 22 feet in width as
measured from the exterior of the exterior walls.
(4) Side Wall Articulation. For any new construction, whether a new dwelling, addition, or
replacement through a tear-down, any resulting side wall longer than 32 feet in length must be
articulated, with a shift of at least two feet in depth, for at least eight feet in length, for every 32
feet of wall.
(5) Decks. Decks over eight inches from ground level shall meet the same setbacks as the
principal structure in the side and rear yards.
(6) Kitchens. No more than one kitchen and one kitchenette shall be permitted in each dwelling
unit.
(7) Manufactured Homes. All manufactured or modular homes must meet the provisions of the
zoning and building codes.
(g) Accessory Structures. Accessory structures in the R-1 Zoning District shall be governed by the
following requirements:
(1) Location and Setback Requirements. The following location regulations and setbacks shall be
required for accessory structures in the R-1 Zoning District:
a. Location. A detached accessory structure shall be located completely to the rear of the
principal structure, unless it is built with frost footings. In that case, an accessory structure
may be built no closer to the front setback than the principal structure.
b. Front Setback. Accessory structures shall be located no less than 35 feet from the front lot
line.
c. Side and Rear Setbacks. Accessory structures shall be located no less than five feet from a
side or rear lot line.
d. Cornices and Eaves. Cornices and eaves may not project more than 30 inches into a
required setback.
e. Separation Between Structures. Accessory structures shall be located no less than 10 feet
from any principal structure and from any other accessory structure.
f. Alleys. Accessory structures shall be located no less than five feet from an alley.
g. Fences. For the purposes of setbacks,fences are not considered structures.
(2) Height Restrictions. No accessory structure shall be erected in the R-1 Zoning District with a
height in excess of one story, which is 10 feet from the floor to the top horizontal component of
a frame building to which the rafters are fastened (known as the "top plate"). For the purposes
of this regulation, the height of a shed roof shall be measured to the top plate.
(3) Area Limitations. Each lot is limited to a total of 1,000 square feet of the following accessory
structures: detached and attached garages, detached sheds, greenhouses, and gazebos.
Swimming pools are not included in this requirement. No one detached accessory structure may
be larger than 800 square feet in area and any accessory structure over 200 square feet in area
requires a building permit. No accessory structure shall occupy a footprint larger than that of the
principal structure.
(4) Zoning Permits. The following shall require a zoning permit to ensure a conforming location on
the lot:
a. Fences
b. Patios
c. Any accessory structures less than 200 square feet in area; and
d. Decks and platForms that do not require a building permit.
(5) Garage Provisions. No building permit shall be issued for a single-family dwelling not having a
finro-stall garage unless the registered survey submitted at the time of the application for the
building permit reflects the necessary area and setback requirements for a future two-stall
(minimum)garage.
(6) Roof Style. Gambrel and mansard roofs are not permitted on any accessory structure with a
footprint of more than 200 square feet.
(7) Decks. Freestanding decks or decks attached to accessory structures shall meet the same
setback requirements for accessory structures.
(8) Garden Structures. Garden structures shall be located no closer than five feet to any lot line.
Garden structures shall not exceed 10 feet in height.
(9) Play Structures. Play structures shall be located no closer than five feet to any lot line. Play
structures shall not exceed 10 feet in height.
(10) Swimming Poo/s. Swimming pools shall meet the same setback and location requirements for
accessory structures. Setbacks shall be measured from the lot line to the pool's edge. Decks
surrounding above-ground pools shall meet setback requirements.
(11) Photovoltaic Modules. Freestanding photovoltaic modules, including solar panels and other
photovoltaic energy receivers, which are in excess of three square feet shall meet the same
setback, location, and height requirements for accessory structures.
(12) Central Air Conditioning Units. Central air conditioning units shall be prohibited in a front yard.
(h) Temporary Storage Units. Temporary storage units in the R-1 Zoning District shall be govemed by
the following requirements:
(1) Duration. Temporary storage units shall not be stored on a lot for more than 14 days.
(2) Location. Temporary storage units shall be stored on a hard surFace and be located completely
on private property.
(i) Pre-1982 Structures. For all existing structures constructed in the R-1 Zoning District prior to January
1, 1982, the following structure setbacks shall be in effect:
(1) Front Yard. The structure setback for principal structures shall be no closer than 25 feet to the
front lot line.
(2) Side Yard. The structure setback for principal structures shall be no closer than three feet to
the side lot line.
(3) Rear Yard. The structure setback for principal structures shall be no closer than 10 feet to the
rear lot line.
(4) Accessory structures. The structure setback for accessory structures shall be no closer than
three feet to the side or rear Lot lines. At the discretion of the City Manager or his/her designee,
a property owner may be required to move an accessory structure if it is located in a public
easement area.
(j) Pre-April 15, 2015, Structures, Building Permits and Applications. For all structures constructed and
building permits issued or applied therefor in the R-1 Zoning District prior to April 15, 2015, if the
height and side setbacks were deemed by the City to be compliant with the zoning code at the time a
building permit was issued or applied therefor, the height and location shall be deemed conforming
to current zoning code. However, in all cases, new construction and additions to such properties
must comply with current requirements of the zoning code.
(k) Buildable Lots. No dwelling or accessory structure shall be erected for use or occupancy as a
residential dwelling on any tract of unplatted land which does not conform with the requirements of
this section, except on those lots located within an approved plat. In the R-1 Zoning District a platted
lot of a minimum area of 10,000 square feet and a minimum width of 80 feet at the front setback line
shall be required for one single-family dwelling.
(I) Lot Coverage. No lot or parcel in the R-1 Zoning District shall have lot coverage of more than 30
percent for a lot or parcel over 10,000 square feet in area, 35 percent for a lot or parcel between
5,000 square feet and 9,999 square feet in area and 40 percent for a lot or parcel less than 5,000
square feet in area. This requirement excludes swimming pools.
(m) Impervious Surfaces. The total amount of impervious surfaces on any lot shall not exceed 50
percent of the area.
(n) Paved Areas. Paved areas in the R-1 Zoning District, including those constructed of concrete,
bituminous pavement, or pavers, are governed by the following provisions:
(1) Driveways. Driveways built or reconstructed on or after January 1, 2005, shall be paved.
(2) Setbacks. Paved areas shall be set back three feet from a lot line, except for shared driveways
used by multiple property owners pursuant to a private easement.
(3) Coverage. No more than 40 percent of the front yard may be covered with concrete,
bituminous pavement, or pavers.
(4) Street Access. Each lot may have only one street curb cut access, except the following lots
may have up to two street curb cut accesses:
a. A lot that contains finro legally constructed garages.
b. A lot of a resident who requires additional driveway access qualifying for a reduced class
rate for homestead property as defined by Minn. Stats. §273.13, subd. 22, Class 1 b.
(Code 1988, § 11.21; Ord.No. 292, 2nd Series, 3-12-2004; Ord. No. 31 l,2nd Series, 10-29-
2004; Ord.No. 347, 2nd Series, 3-26-2015; Ord. No. 382, 2nd Series, 3-28-2008; Ord.No. 415,
2nd Series,2-13-2009; Ord.No. 429, 2nd Series, 2-19-2010; Ord.No. 433, 2nd Series, 2-26-
2010; Ord.No. 436, 2nd Series,4-6-2010; Ord. No. 443, 2nd Series, 8-13-2010; Ord. No. 523,
2nd Series, 7-25-2014; Ord.No. 547, 2nd Series, 3-26-2015; Ord.No. 551, 2nd Series, 4-16-
2015; Ord.No. 552, 2nd Series, 4-16-2015; Ord. No. 560, 2nd Series, 6-26-2015; Ord. No. 631,
2nd Series, § 1, 3-6-2018)
Sec. 113-89. -Moderate Density Residential(R-2)Zoning District.
(a) Purpose. The purpose of the Moderate Density Residential (R-2) Zoning District is to provide for
single-family and two-family dwellings at a moderate density (up to eight units per acre) along with
directly related and complementary uses.
(b) District Established. Lots shall be established within the R-2 Zoning District in the manner provided
for in Section 113-29. The district established and/or any subsequent changes to such district shall
be reflected in the Official Zoning Map of the City as provided in Section 113-56.
(c) Principal Uses. The following principal uses shall be permitted in the R-2 Zoning District:
(1) Single-family dwellings, consistent with the City's Mixed-Income Housing Policy
(2) Two-family dwellings, consistent with the City's Mixed-Income Housing Policy
(3) Foster family homes
(4) Residential facilities serving six or fewer persons; and
(5) Essential services, Class I.
(d) Accessory Uses. The following accessory uses shall be permitted in the R-2 Zoning District:
(1) When the owner resides in the dwelling, rental of single sleeping rooms to not more than two
people per dwelling for lodging purposes only.
(2) In-home child care licensed by the State.
(3) Home occupations, as governed by the following requirements:
a. The use of the dwelling for the occupation or profession shall be incidental and secondary
to the use of the dwelling for residential purposes.
b. The exterior appearance of the structure shall not be altered for the operation of the home
occupation.
c. There shall be no outside storage, signage, or display of anything related to or indicative of
the home occupation.
d. An accessory structure, including a garage, shall not be used for a home occupation.
e. A permitted home occupation shall not result in noise, fumes, traffic, lights, odor, excessive
sewage or water use or garbage service, electrical, radio, or TV interference in a manner
detrimental to the health, safety, enjoyment, and general welfare of the surrounding
residential neighborhood.
f. No physical products shall be displayed or sold on the premises except such that are
incidental to the permitted home occupation.
g. No signs or symbols shall be displayed other than those permitted for residential purposes.
h. Clients, deliveries, and other business activity where persons come to the home shall be
limited to the hours of 9:00 a.m. to 9:00 p.m.
i. No more than 20 percent of the gross floor area of the dwelling shall be used for the home
occupation.
j. Parking related to the home occupation shall be provided only on the driveway of the lot
where the home occupation operates.
k. A home occupation shall not generate more than eight client trips per day and serve no
more than two clients or customers at a time.
I. There shall only be one outside employee allowed on the premises at which a home
occupation is located.
m. All other applicable City, State, and Federal licenses, codes and regulations shall be met.
n. The following uses are prohibited home occupations:
1. Repair, service, building, rebuilding, or painting of motor vehicles, including trucks and
boats
2. Repair and service of items that cannot be carried by one person or of any item
involving an internal combustion engine or motor
3. Retail sales
4. Medical/dental clinic or similar
5. Restaurants or cafes
6. Animal hospital
7. Veterinary clinic
8. Stable or kennel
9. Funeral home, mortuary, or columbarium; and
10. Sale or repair of firearms.
(e) Conditional Uses. The following conditional uses may be allowed after review by the Planning
Commission and approval by the City Council in accordance with the standards and procedures set
forth in this chapter:
(1) Residential facilities senring from seven to 25 persons; and
(2) Group foster family homes.
(f) Principal Structures. Principal structures in the R-2 Zoning District shall be governed by the following
requirements:
(1) Setback Requirements. The following setbacks shall be required for principal structures in the
R-2 Zoning District. Garages or other accessory structures which are attached to the dwelling or
main structure shall also be governed by these setback requirements, except for stairs and stair
landings up to 25 square feet in size and for accessible ramps.
a. Front Setback. The required minimum front setback shall be 35 feet from any front lot line
along a street right-of-way line. Decks and open front porches, with no screens, may be
built to within 30 feet of a front lot line along a street right-of-way line.
b. Rear Setback. The required rear setback shall be 25 feet.
c. Side Setbacks. Side yard setbacks are determined by the lot width at the minimum required
front setback line. The distance between a structure and the side lot lines shall be
governed by the following requirements:
1. In the case of lots having a width of 100 feet or greater, the side setbacks for any
portion of a structure 15 feet or less in height shall be 15 feet. The side setbacks for
any portion of a structure greater than 15 feet in height shall be measured to an
inwardly sloping plane at a ratio of 2:1 beginning at a point 15 feet directly above the
side setback line(see figure below).
' �i �`,'``
���, ,�`�
2:1 slope � * Average height of highest
______________________________ pitchedroof28'maximum
-------------------------------- Flat roof 25'maximum
15'height 15'height
15 side setback SS'side setback
Lot width 100'or greater
2. In the case of lots having a width greater than 65 feet and less than 100 feet, the side
setbacks for any portion of a structure 15 feet or less in height shall be 12.5 feet. The
side setbacks for any portion of a structure greater than 15 feet in height shall be
measured to an inwardly sloping plane at a ratio of 2:1 beginning at a point 15 feet
directly above the side setback line(see figure below).
: '.
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',''��. ,`�'•,.
z:l s�ope
Average height of highest
----------------------- pitchedroof28'maximum
----"---""-----'---'-"--' Flairoof25'maximum
15'height 15'height
12.5'side setback 12.5'side setback
Lot width greater than 65' & less than 100'
3. In the case of lots having a width of 65 feet or less, the side setbacks for any portion
of a structure 15 feet or less in height along the north or west side shall be 10 percent
of the lot width and along the south or east side shall be 20 percent of the lot width(up
to 12.5 feet). The side setback for any portion of a structure greater than 15 feet in
height measured to an inwardly sloping plane at a ratio of 4:1 beginning at a point 15
feet directly above the side setback line(see figure below).
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d. Corner Lot Setbacks. To determine the side yard setback, use the shorter front lot line.
e. Building Envelope. Taken together, the front, rear, and side setbacks and the height
limitation shall constitute the building envelope (see figures below). No portion of a
structure may extend outside the building envelope, except for:
1. Comices and eaves, no more than 30 inches
2. Bay windows or chimney chases, no more than 24 inches
3. Chimneys,vents, or antennas
4. Stairs and stair landings up to 25 square feet in size; or
5. Accessible ramps.
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(2) Height Restrictions. No principal structure shall be erected in the R-2 Zoning District with a
building height exceeding 28 feet as measured from the average grade at the front building line.
The average grade for a new structure shall be no more than one foot higher than the average
grade that previously existed on the lot.
(3) Structure Width Requirement. No principal structure shall be less than 22 feet in width as
measured from the exterior of the exterior walls.
(4) Side Wall Articulation. For any new construction, whether a new dwelling, addition, or
replacement after a tear-down, any resulting side wall longer than 32 feet in length must be
articulated, with a shift of at least two feet in depth, for at least eight feet in length, for every 32
feet of wall.
(5) Decks. Decks over eight inches from ground level shall meet the same setbacks as the
principal structure in the side and rear yards.
(6) Kitchens. No more than one kitchen and one kitchenette shall be permitted in each dwelling
unit.
(7) Manufactured Homes. All manufactured or modular homes must meet the provisions of the
zoning and building codes.
(g) Accessory Structures. Accessory structures in the R-2 Zoning District shall be governed by the
following requirements:
(1) Location and Setback Requirements. The following location regulations and setbacks shall be
required for accessory structures in the R-2 Zoning District:
a. Location. A detached accessory structure shall be located completely to the rear of the
principal structure, unless it is built with frost footings. In that case, an accessory structure
may be built no closer to the front setback than the principal structure.
b. Front Setback. Accessory structures shall be located no less than 35 feet from the front lot
line.
c. Side and Rear Setbacks. Accessory structures shall be located no less than five feet from a
side or rear lot line.
d. Cornices and Eaves. Cornices and eaves may not project more than 30 inches into a
required setback.
e. Separation Between Structures. Accessory structures shall be located no less than 10 feet
from any principal structure and from any other accessory structure.
f. Alleys. Accessory structures shall be located no less than five feet from an alley.
g. Fences. For the purpose of setbacks,fences are not considered structures.
(2) Height Restrictions. No accessory structure shall be erected in the R-2 Zoning District with a
height in excess of one story, which is 10 feet from the floor to the top horizontal component of
a frame building to which the rafters are fastened (known as the "top plate"). For purposes of
this regulation,the height of a shed roof shall be measured to the top plate.
(3) Area Limitations. Each lot is limited to a total of 1,000 square feet of the following accessory
structures: detached and attached garages, detached sheds, greenhouses, and gazebos.
Swimming pools are not included in this requirement. No one detached accessory structure may
be larger than 800 square feet in area and any accessory structure over 200 square feet in area
requires a building permit. No accessory structure shall occupy a footprint larger than that of the
principal structure.
(4) Zoning Permits. The following shall require a zoning permit to ensure a conforming location on
the lot:
a. Fences
b. Patios
c. Any accessory structures less than 200 square feet in area; and
d. Decks and platForms that do not require a building permit.
(5) Garage Provisions. The following requirements shall apply to all garages constructed in the R-2
Zoning District:
a. Minimum Garage Stalls. No building permit shall be issued for the construction of a new
principal structure in the R-2 Zoning District which does not include at least a one garage
stall per dwelling unit.
b. Maximum Garage Width. The width of the front wall of a garage, whether attached or
detached, shall not exceed 65 percent of the width of the dwelling's front facade. For
purposes of this subsection, a dwelling's front facade means that portion of the dwelling's
building facing a front lot line that includes any front wall of a garage and provides
vehicular access to the garage.
1. Measurement of Front Facade. In the case of a single-family dwelling, the width of the
front facade shall be the direct, linear, horizontal distance befinreen the dwelling's
exterior side walls at the front facade's widest point. In the case of a finro-family
dwelling, the width of the front facade shall be the direct, linear, horizontal distance
between the dwelling uniYs side boundary walls at the front facade's widest point.
2. Measurement of Front Garage Wall. For purposes of this subsection, the front wall of
a garage shall be the wall of the garage facing the front lot line, including any door
providing vehicular access to the garage. The width of the front wall shall be the
direct, linear, horizontal distance between the exterior or outermost location of the
garage's two side walls at their intersection with the garage's front wall.
(6) Roof Style. Gambrel and mansard roofs are not permitted on any accessory structure with a
footprint of more than 200 square feet.
(7) Decks. Freestanding decks or decks attached to accessory structures shall meet the same
setback requirements for accessory structures.
(8) Garden Structures. Garden structures shall be located no closer than five feet to any lot line.
Garden structures shall not exceed 10 feet in height.
(9) Play Structures. Play structures shall be located no closer than five feet to any lot line. Play
structures shall not exceed 10 feet in height.
(10) Swimming Poo/s. Swimming pools shall meet the same setback and location requirements for
accessory structures. Setbacks shall be measured from the lot line to the pool's edge. Decks
surrounding above-ground pools shall meet setback requirements.
(11) Photovoltaic Modules. Freestanding photovoltaic modules, including solar panels and other
photovoltaic energy receivers, which are in excess of three square feet shall meet the same
setback, location, and height requirements for accessory structures.
(12) Central Air Conditioning Units. Central air conditioning units shall be prohibited in a front yard.
(h) Temporary Storage Units. Temporary storage units in the R-2 Zoning District shall be governed by
the following requirements:
(1) Duration. Temporary storage units shall not be stored on a lot for more than 14 days.
(2) Location. Temporary storage units shall be stored on a hard surface and be located completely
on private property.
(i) Buildable Lots. No dwelling or accessory structure shall be erected for use or occupancy as a
residential dwelling on any tract of unplatted land which does not conform with the requirements of
this section, except on those lots located within an approved plat.
(1) Single-Family Dwellings. A lot of a minimum area of 6,000 square feet and a minimum width of
50 feet at the front setback line shall be required for one single-family dwelling.
(2) Two-Family Dwellings. A lot of a minimum area of 10,000 square feet and a minimum width of
100 feet at the front setback line shall be required for a two-family dwelling.
(j) Lot Coverage. Structures, including accessory structures, shall not occupy more than 30 percent of
the lot area.
(k) Impervious Surfaces. The total amount of impervious surfaces on any lot shall not exceed 50
percent of the lot area.
(I) Paved Areas. Paved areas in the R-2 Zoning District, including those constructed of concrete,
bituminous pavement, or pavers, are governed by the following provisions:
(1) Driveways. Driveways built or reconstructed on or after January 1, 2005, shall be paved.
(2) Setbacks. Paved areas shall be set back three feet from a lot line, except for shared driveways
used by multiple property owners pursuant to a private easement.
(3) Coverage. No more than 40 percent of the front yard may be covered with concrete,
bituminous pavement,or pavers.
(4) Street Access. Each lot may have only one street curb cut access, except the following lots
may have up to two street curb cut accesses:
a. A lot that contains two legally constructed garages.
b. A lot of a resident who requires additional driveway access qualifying for a reduced class
rate for homestead property as defined by Minn. Stats. §273.13, subd.22, Class 1 b.
(Code 1988, § 11.22; Ord.No. 371, 2nd Series, 7-13-2007; Ord.No. 443, 2nd Series, 8-13-2010;
Ord. No. 527, 2nd Series, 3-26-2015; Ord.No. 547, 2nd Series, 3-26-2015; Ord.No. 602, 2nd
Series, 6-7-2016; Ord. No. 631, 2nd Series, § 2, 3-6-2018)
Sec. 113-90.-Medium Density Residential(R-3)Zoning District.
(a) Purpose. The purpose of the Medium Density Residential (R-3) Zoning District is to provide for
medium density housing (up to 10 units per acre with potential for 12 units per acre with density
bonuses) along with directly related and complementary uses. Senior and disability housing is
permitted to a density of 20 units per acre or up to five stories or 60 feet in height with a conditional
use permit.
(b) District Established. Lots shall be established within the R-3 Zoning District in the manner provided
for in Section 113-29. The district established and/or any subsequent changes to such district shall
be reflected in the Official Zoning Map of the City as provided in Section 113-56.
(c) Principal Uses. The following principal uses shall be permitted in the R-3 Zoning District:
(1) Townhouses, consistent with the City's Mixed-Income Housing Policy
(2) Two-family dwellings, consistent with the City's Mixed-Income Housing Policy
(3) Multiple-family dwellings of up to 10 units or less per acre with the potential of 12 units per acre
with density bonuses, consistent with the City's Mixed-Income Housing Policy
(4) Senior and disability housing up to 10 units per acre with the potential for 12 units per acre with
density bonuses, consistent with the City's Mixed-Income Housing Policy
(5) Foster family homes
(6) Group foster family homes
(7) Residential facilities serving up to 25 persons; and
(8) Essential services, Class I.
(d) Accessory Uses. The following accessory uses shall be permitted in the R-3 Zoning District:
(1) Storage in structures similar in construction and material to the principal structure, not to
exceed 500 square feet
(2) Parking in underground structures
(3) Parking in enclosed structures similar in construction and materials to the principal structure;
and
(4) Private indoor and outdoor recreational facilities.
(e) Conditional Uses. The following conditional uses may be allowed after review by the Planning
Commission and approval by the City Council in accordance with the standards and procedures set
forth in this chapter:
(1) Senior and physical disability housing to a density of 20 per acre, consistent with the City's
Mixed-Income Housing Policy, or up to five stories or 60 feet in height
(2) Residential facilities serving more than 25 persons; and
(3) Retail sales, Class I and tl restaurants, and professional offices within principal structures
containing 20 dwelling units when located upon any minor arterial or major collector street. Any
such sales, restaurant, or office shall be located only on the ground floor and have direct access
to the street.
(f) Density Bonus. Multifamily dwellings that provide City-required sidewalks shall be granted one of the
following density bonuses provided the corresponding conditions are met:
(1) Underground Parking. The provision of one or more underground parking stall per dwelling unit
shall increase the maximum allowable density by two units per acre.
(2) Public Transit. Scheduled public transit route within 1,000 feet of the primary entrance
accessed by public sidewalk shall result in an increase in the maximum allowable density by
one unit per acre.
(3) Recreation. Indoor or outdoor recreation facilities such as swimming pools, porches, tennis
courts, or other facilities requiring a substantial investment equaling at minimum five percent of
the construction cost of the principal structure shall increase the maximum allowable density by
finro units per acre.
(g) Principal Structures. Principal structures in the R-3 Zoning District shall be govemed by the
following requirements:
(1) Setback Requirements. The following setbacks shall be required for principal structures in the
R-3 Zoning District.
a. Front Setback, The required minimum front setback shall be 25 feet from any front lot line
along a street right-of-way line.An open front porch for each building,with no screens, may
be built on the ground level to within 17 feet of a front lot line along a street right-of-way
line.
b. Side and Rear Yard Setback. When directly abutting any R-1 Zoning District, the required
side and rear yard setback shall be 30 feet. In all other instances, the required side and
rear yard setback shall be 20 feet.
(2) Height Restrictions. Senior and disability housing with a conditional use permit shall not exceed
five stories or 60 feet in building height, whichever is less, as measured from the average grade
at the front building line. No other principal structure shall be erected in the R-3 Zoning District
with a building height exceeding four stories or 48 feet,whichever is less. The average grade for
a new structure shall be no more than one foot higher than the average grade that previously
existed on the lot.
(3) Decks. Decks over eight inches from ground level shall meet the same setbacks as the
principal structure in the side and rear yards.
(4) Kitchens. No more than one kitchen and one kitchenette shall be permitted in each dwelling
unit.
(h) Accessory Structures. Accessory structures in the R-3 Zoning District shall be governed by the
following requirements:
(1) Setback Requirements. The following structure setbacks shall be required for all accessory
uses in the R-3 Zoning District:
a. Front Setback. The required minimum front setback shall be 25 feet from any front lot line
along a street right-of-way line.
b. Side and Rear Yard Setback. The required minimum side and rear setback for enclosed
parking structures and garbage enclosures shall be 30 feet when abutting any R-1 Zoning
District and 20 feet in all other instances. The required minimum side and rear setback for
other accessory structures shall be 15 feet.
c. Separation Between Structures. Accessory structures shall be located completely to the
rear of the principal structure and no less than 10 feet from the principal structure and from
any other accessory structure.
(2) Height Restrictions. No accessory structure shall be erected in the R-3 Zoning District with a
height in excess of one story, which is 10 feet from the floor to the top horizontal component of
a frame building to which the rafters are fastened (known as the "top plate"). For the purposes
of this regulation, the height of a shed roof shall be measured to the top plate.
(3) Zoning Permits. The following shall require a zoning permit to ensure a conforming location on
the lot:
a. Fences
b. Patios
c. Any accessory structures less than 200 square feet in area; and
d. Decks and platForms that do not require a building permit.
(i) Temporary Storage Units. Temporary storage units in the R-3 Zoning District shall be governed by
the following requirements:
(1) Duration. Temporary storage units shall not be stored on a lot for more than 14 days.
(2) Location. Temporary storage units shall be stored on a hard surface and be located completely
on private property.
Q) Buildable Lots. No dwelling or accessory structure shall be erected for use or occupancy as a
residential dwelling on any tract of unplatted land which does not conform with the requirements of
this section, except on those lots located within an approved plat. In the R-3 Zoning District, a platted
lot of a minimum area of 15,000 square feet shall be required for any principal structure. A minimum
lot width of 100 feet at the front setback line shall be required.
(k) Lot Coverage. Structures, including accessory structures, shall not occupy more than 40 percent of
the lot area.
(I) Impervious Surfaces. The total amount of impervious surfaces on any lot shall not exceed 60 percent
of the lot area.
(Code 1988, § 11.23; Ord.No. 372, 2nd Series, 7-13-2007; Ord.No. 459, 2nd Series, 8-12-201 l;
Ord.No. 631, 2nd Series, §§ 3, 4, 3-6-2018)
Sec. 113-91.-High Density Residential(R-4)Zoning District.
(a) Purpose. The purpose of the High Density Residential (R-4) Zoning District is to provide for high
density housing (up to 50 units per acre for multifamily dwellings and up to 70 units per acre for
senior and disability housing) along with directly related and complementary uses. Multifamily
dwellings and senior and disability housing is permitted to a density of 100 units per acre with a
conditional use permit.
(b) District Established. Lots shall be established within the R-4 Zoning District in the manner provided
for in Section 113-29. The district established and/or any subsequent changes to such district shall
be reflected in the Official Zoning Map of the City as provided in Section 113-56.
(c) Principal Uses. The following principal uses shall be permitted in the R-4 Zoning District:
(1) Multiple-family dwellings, consistent with the City's Mixed-Income Housing Policy
(2) Senior and physical disability housing, consistent with the City's Mixed-Income Housing Policy
(3) Foster family homes
(4) Group foster family homes
(5) Residential facilities serving up to 25 persons; and
(6) Essential services, Class I and 11.
(d) Accessory Uses. The following accessory uses shall be permitted in R-4 Zoning Districts:
(1) Storage in structures similar in construction and material to the principal structure, not to
exceed 500 square feet
(2) Parking in underground structures
(3) Parking in enclosed structures similar in construction and materials to the principal structure;
and
(4) Private indoor and outdoor recreational facilities.
(e) Conditional Uses. The following conditional uses may be allowed after review by the Planning
Commission and approval by the City Council in accordance with the standards and procedures set
forth in this chapter:
(1) Multifamily dwellings to a density of 100 units per acre, consistent with the City's Mixed-Income
Housing Policy
(2) Senior and disability housing to a density of 100 units per acre, consistent with the City's
Mixed-Income Housing Policy
(3) Principal structures in excess of five stories or 60 feet in height
(4) Residential facilities serving more than 25 persons; and
(5) Retail sales, Class I and II restaurants, and professional offices within principal structures
containing 20 or more dwelling units when located upon any minor arterial or major collector
street. Any such sales, restaurant, or office shall be located only on the ground floor and have
direct access to the street.
(f) Principal Structures. Principal structures in the R-4 Zoning District shall be governed by the following
requirements:
(1) Setback Requirements. The following setbacks shall be required for principal structures in the
R-4 Zoning District.
a. Front Setback. The required minimum front setback shall be 25 feet from any front lot line
along a street right-of-way line. An open front porch for each building,with no screens, may
be built on the ground level to within 17 feet of a front lot line along a street right-of-way
line.
b. Side and Rear Yard Setback. When directly abutting any R-1 Zoning District, the required
side and rear yard setback shall be 40 feet. In all other instances, the required side and
rear yard setback shall be 20 feet.
(2) Height Restrictions. No principal structure without a conditional use permit shall be erected in
the R-4 Zoning District with a building height with a height in excess of five stories or 60 feet,
whichever is less, as measured from the average grade at the front building line. The average
grade for a new structure shall be no more than one foot higher than the average grade that
previously existed on the lot.
(3) Kitchens. No more than one kitchen and one kitchenette shall be permitted in each dwelling
unit.
(g) Accessory Structures. Accessory structures in the R-4 Zoning District shall be governed by the
following requirements:
(1) Setback Requirements. The following structure setbacks shall be required for all accessory
uses in the R-4 Zoning District.
a. Front Setback. The required minimum front setback shall be 25 feet from any front lot line
along a street right-of-way line.
b. Side and Rear Yard Setback. The required minimum side and rear setback for enclosed
parking structures and garbage enclosures shall be 40 feet when abutting any R-1 Zoning
District and 20 feet in all other instances. The required minimum side and rear setback for
other accessory structures shall be 15 feet.
c. Separation Between Structures. Accessory structures shall be located no closer to the front
lot line than the principal structure and no less than 10 feet from the principal structure and
from any other accessory structure.
(2) Building Size. No accessory structure shall be erected in the R-4 Zoning District that exceeds
500 square feet.
(3) Height Restrictions. No accessory structure shall be erected in the R-4 Zoning District with a
height in excess of one story, which is 10 feet from the floor to the top horizontal component of
a frame building to which the rafters are fastened (known as the "top plate"). For the purposes
of this regulation,the height of a shed roof shall be measured to the top plate.
(4) Zoning Permits. The following shall require a zoning permit to ensure a conforming location on
the lot:
a. Fences
b. Patios
c. Any accessory structures less than 200 square feet in area;and
d. Decks and platForms that do not require a building permit.
(h) Temporary Storage Units. Temporary storage units in the R-4 Zoning District shall be govemed by
the following requirements:
(1) Duration. Temporary storage units shall not be stored on a lot for more than 14 days.
(2) Location. Temporary storage units shall be stored on a hard surFace and be located completely
on private property.
(i) Buildable Lots. No dwelling or accessory structure shall be erected for use or occupancy as a
residential dwelling on any tract of unplatted land which does not conform with the requirements of
this section, except on those lots located within an approved plat. In the R-4 Zoning District a platted
lot of a minimum area of 20,000 square feet shall be required for any principal structure. A minimum
lot width of 150 feet at the front setback line shall be required.
Q) Lot Coverage. Structures, including accessory structures, shall not occupy more than 45 percent of
the lot area.
(k) Impervious Surfaces. The total amount of impervious surfaces on any lot shall not exceed 60
percent of the area.
(I) Parking Space Reduction. Properties providing sidewalks along all street frontages may pursue the
following non-enclosed parking space reduction:
(1) Underground Parking. The provision of one stall of underground parking per unit shall result in
a 10 percent reduction in the number of required non-enclosed parking spaces.
(2) Public Transit. Scheduled public transit route available within 1,000 feet of the primary entrance
accessed by a public sidewalk shall result in a 10 percent reduction in the number of required
non-enclosed parking spaces.
(Code 1988, § 11.24; Ord.No. 373,2nd Series, 7-13-2007; Ord.No. 444, 2nd Series, 8-13-2010;
Ord.No. 631,2nd Series, § 5, 3-6-2018)
Sec. 113-92.-Commercial Zoning District.
(a) Purpose. The purpose of the Commercial Zoning District is to provide for the establishment of
commercial and service activities which draw from and serve customers in the community and are
located in areas which are well served by collector and arterial streets.
(b) District Established. Lots shall be established within the Commercial Zoning District in the manner
provided for in Section 113-29. The district established and/or any subsequent changes to such
district shall be reflected in the Official Zoning Map of the City as provided in Section 113-56.
(c) Principal Uses. The following principal uses shall be permitted in the Commercial Zoning District:
(1) Bakeries
(2) Barbershops and/or beauty parlors
(3) Catering establishments
(4) Comfort stations
(5) Delicatessens
(6) Dressmaking and tailoring establishments, including retail sales of clothing
(7) Clothing, shoes and/or accessories sales(retail)
(8) Electric repair shops
(9) Electronic equipment sales
(10) Financial institutions
(11) Floral shops(not to include nurseries)
(12) Furniture sales and repair
(13) Hardware, paint, and decorating stores
(14) Hotels/motels
(15) Lodge halls
(16) Messenger and telegraph services
(17) Offices, including medical and dental
(18) Pharmacies
(19) Photograph supplies and/or galleries
(20) Plumbing shops
(21) Post offices
(22) Printing shops
(23) Public garages
(24) Recreation buildings and structures (public and private), including gymnasium, racquetball,
etc.
(25) Class I restaurants
(26) Seasonal farm produce sales
(27) Shoe repair shops
(28) Skating rinks(ice or roller)privately owned and operated for profit
(29) Shopping centers(general retail -convenience shopping)
(30) Tanning parlors
(31) Theaters
(32) Trade school or training centers, both public and private
(33) General retail services and/or sales that are consistent with the purpose of the Commercial
Zoning District and not othervvise listed as a conditional use in Subsection(e)of this section
(34) Adult-oriented services that require City licensing pursuant to other provisions of the City
Code; and
(35) Essential services, Class I.
(d) Accessory Uses. The following accessory uses shall be permitted in the Commercial Zoning District:
(1) Essential services, Class I.
(e) Conditional Uses. The following conditional uses may be allowed after review by the Planning
Commission and approval by the City Council in accordance with the standards and procedures set
forth in this chapter:
(1) Animal hospitals, veterinary clinics, and/or pet grooming facilities
(2) Auto repair shops, including tire and auto accessory repair and installation
(3) Car washes
(4) Convenience food stores
(5) Drive-through retail establishments, such as banks, cleaners, Class II restaurants, and similar
uses
(6) Mortuaries
(7) Off-street parking for adjacent commercial or industrial uses
(8) Outdoor sales, including car lots, auto, and equipment rentals
(9) Outdoor storage and/or sales of horticultural nursery sites, temporary farmers market, and
itinerant sales
(10) Pool halls
(11) Class III restaurants, bars, night clubs, etc.
(12) Sales or show rooms(auto, machinery, boats, etc.)
(13) Service stations
(14) Unattended business operations, such as vending machines, coin- or token-operated
machines and equipment, and similar uses
(15) Heliports
(16) Child care centers
(17) Marine engine repair
(18) Adult day care center
(19) Essential services, Class III, except for peaking stations and substations
(20) Brewpubs; and
(21) Principal or conditional uses in buildings greater than three stories in height.
(f) Principal Structures. Principal structures in the Commercial Zoning District shall be governed by the
following requirements:
(1) Setback Requirements. The following setbacks shall be required for principal structures in the
Commercial Zoning District:
a. Front Setback. The required minimum front setback shall be 35 feet from any front lot line
along a street right-of-way line. All front yards shall be maintained as landscaped green
areas.
b. Side and Rear Setbacks.
1. For lots adjoining an R-1 or R-2 Zoning District, the required side yards shall be no
less than 50 feet in width and the required rear yards shall be no less than 50 feet in
depth.
2. For lots adjoining an R-3, R-4, Business and Professional Office, or Institutional
Zoning District, the required side yards shall be no less than 30 feet in width and the
required rear yards shall be no less than 30 feet in depth.
3. For lots adjoining a Commercial, Light Industrial, Industrial, or I-394 Mixed Use Zoning
District or railroad right-of-way, the required side yards shall be no less than 20 feet in
width and the required rear yards shall be no less than 20 feet in depth.
4. One-half of the required side and rear yards, as measured from the lot line, shall be
landscaped, planted, and maintained as a buffer zone.
(2) Height Restrictions. No building or structure, other than water tanks, water towers, or essential
service communication structures as provided for in this chapter, shall be erected to exceed a
height of three stories or 36 feet, whichever is less, in the Commercial Zoning District. All
necessary mechanical equipment and elevator penthouses will not be included in computation
of building height. The City Council may grant a conditional use permit for a taller building.
(g) Accessory Structures. Accessory structures in the Commercial Zoning District shall be governed by
the following requirements:
(1) Location and Setback Requirements. The following location regulations and setbacks shall be
required for accessory structures in the Commercial Zoning District:
a. Location. A detached accessory structure shall be located completely to the rear of the
principal structure, unless it is built with frost footings. In that case, an accessory structure
may be built no closer to the front setback than the principal structure.
b. Front Setback. Accessory structures shall be located no less than 35 feet from the front lot
line.
c. Side and Rear Setbacks. Accessory structures shall be located no less than the required
setback for principal structures in the Commercial Zoning District from a side or rear lot
line.
d. Cornices and Eaves. Cornices and eaves may not project more than 30 inches into a
required setback.
e. Separation Between Structures. Accessory structures shall be located no less than 10 feet
from any principal structure and from any other accessory structure.
f. Alleys. Accessory structures shall be located no less than 10 feet from an alley.
(2) Height Restrictions. No accessory structure shall be erected in the Commercial Zoning District
with a height in excess of one story, which is 10 feet from the floor to the top horizontal
component of a frame building to which the rafters are fastened (known as the "top plate"). For
the purposes of this regulation, the height of a shed roof shall be measured to the top plate.
Attic space in accessory structures shall be used only for storage and/or utility space.
(3) Number and Size. Only one accessory structure shall be allowed on each property and no
accessory structure shall be larger in size than the principal structure. In no case shall an
accessory structure be greater than 1,000 square feet or less than 120 square feet in area.
Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and
other shelters. Accessory structures not used solely for storage and related activities shall have
open sides from floor to ceiling, except that they may have railings and temporary screening
(used only on two sides at a time), all constructed in accordance with the building code.
(4) Design. All accessory structures constructed after the construction of the principal structure
must be designed and constructed of similar materials as determined by the City Manager or
his/her designee.
(5) Parking Structures and Garages. Parking structures and garages shall not be considered
accessory structures if they are used to meet the required number of parking spaces.
(h) Lot Coverage. No building or structure, or group thereof, shall occupy more than 50 percent of the
total land area of any lot or parcel in a Commercial Zoning District.
(Code 1988, § 11.30; Ord.No. 569, 7-16-1982; Ord.No. 603, 8-26-1983; Ord.No. 609, 11-11-
1983; Ord. No. 615, 5-25-1984; Ord.No. 643, 11-16-1984; Ord.No. 712, 6-23-1988; Ord.No. 4,
2nd Series, 8-25-1988; Ord.No. 80, 2nd Series, 11-28-1991; Ord.No. 127, 2nd Series, 4-27-
1995; Ord. No. 264, 2nd Series, 12-13-2001; Ord. No. 271, 2nd Series, 11-15-2002; Ord.No.
344, 2nd Series, 5-25-2006; Ord.No. 346, 2nd Series, 7-1-2006; Ord. No. 365, 2nd Series, 3-23-
2007; Ord.No. 346,2nd Series, 7-1-2006; Ord. No. 540, 2nd Series, 1-30-2015; Ord.No. 569, 7-
16-1982)
Sec. 113-93. -Light Industrial Zoning District.
(a) Purpose. The purpose of the Light Industrial Zoning District is to provide for the establishment of
warehousing,offices, and light industrial developments.
(b) District Established. Lots shall be established within the Light Industrial Zoning District in the
manner provided for in Section 113-29. The district established and/or any subsequent changes to
such district shall be reflected in the Official Zoning Map of the City as provided in Section 113-56.
(c) Principal Uses. The following principal uses shall be permitted within the Light Industrial Zoning
District:
(1) Offices
(2) Warehouses
(3) Wholesale-retail distribution centers
(4) Electronics manufacturing
(5) Food packaging and processing; provided, however, that no processing shall involve any
cooking, heating, smoking, soaking, or marinating procedures
(6) Assembly and/or fabricating exclusive of sheet metal or steel fabricating, foundries, and similar
uses except for the fabricating of sheet metal as it is used for the heating, ventilation, and air
conditioning business
(7) Other light manufacturing uses that would not constitute a nuisance or health hazard to
surrounding or adjacent residential or commercial districts
(8) Essential services, Class I and Class III
(9) Temporary retail sales in accordance with this section
(10) Sexually oriented businesses
(11) Breweries (limited and associated retail use such as merchandise related to the brewery may
be sold)
(12) Taprooms that occupy up to 50 percent of the gross floor area of the brewery (limited and
associated retail use such as merchandise related to the brewery may be sold in the taproom)
(13) Micro-distilleries (limited and associated retail use such as merchandise related to the
microdistillery may be sold); and
(14) Cocktail rooms that occupy up to 50 percent of the gross floor area of the microdistillery
(limited and associated retail use such as merchandise related to the microdistillery may be sold
in the cocktail room).
(d) Accessory Uses. The following accessory uses shall be permitted in the Light Industrial Zoning
District:
(1) Essential services, Class II.
(e) Conditional Uses. The following uses may be allowed as conditional uses after review by the
Planning Commission and approval by the City Council in accordance with the standards and
procedures set forth in this chapter:
(1) Building materials yards(including inside and outside storage)
(2) Public garages for repairing and storing motor vehicles
(3) Laundries and dry-cleaning plants
(4) Animal hospitals where domestic animals are received for treatment, care, and cure by a duly
licensed veterinarian
(5) Ball fields and other recreation facilities
(6) Research and development laboratories and pilot plant operations incidental thereto
(7) Greenhouses with no outside storage, including an outside growing area no larger than the
greenhouse building area. Retail sales may be permitted only where located inside and
incidental to a wholesale business
(8) Packaging and/or bottling of soft drinks or dairy products
(9) Bakeries(commercial-wholesale)
(10) Child care centers, provided that said facilities serve only dependents of persons employed
on the same premises as are otherwise permitted by this chapter
(11) Health, fitness, and/or exercise facilities, including dance studios, gymnastics training, weight
lifting studios, aerobic exercise, and gymnasiums
(12) Heliports
(13) Food packaging and processing that involves cooking, heating, smoking, soaking, or
marinating procedures
(14) Child care centers
(15) Truck/van terminals
(16) Medical clinics
(17) Trade schools or training centers
(18) Adult day care center
(19) Drive-through bank facilities with frontage on a collector or minor arterial street
(20) Accessory retail services and/or sales incidental to a permitted use, conducted in an area less
than 10 percent of the building's gross floor area
(21) Recycling drop-off facilities
(22) Recycling facilities
(23) Taprooms that occupy 50 percent or more of the gross floor area of the brewery(limited and
associated retail use such as merchandise related to the brewery may be sold in the taproom)
(24) Cocktail rooms that occupy 50 percent or more of the gross floor area of the microdistillery
(limited and associated retail use such as merchandise related to the microdistillery may be sold
in the cocktail room)
(25) Principal or conditional uses in buildings taller than 45 feet in height; and
(26) Surface lot storage of automobile sales inventory.
(f) Principal Structures. Principal structures in the Light Industrial Zoning District shall be governed by
the following requirements:
(1) Setback Requirements. The following setbacks shall be required for principal structures in the
Light Industrial Zoning District:
a. Front Setback.
1. The required minimum front setback shall be 35 feet from any front lot line along a
street right-of-way line. All front yards shall be maintained as landscaped green areas.
2. For lots facing an R-1 or R-2 Zoning District across a public street, the yard abutting
that street shall not be less than 75 feet from the right-of-way line of the street to the
structure.
b. Side and Rear Setbacks.
1. For lots adjoining an R-1 or R-2 Zoning District, the required side yards shall be no
less than 100 feet in width and the required rear yards shall be no less than 100 feet
in depth.
2. For lots adjoining an R-3, R-4, Business and Professional Office, Institutional, or I-394
Mixed Use Zoning District, the required side yards shall be no less than 50 feet in
width and the required rear yards shall be no less than 50 feet in depth.
3. For lots adjoining a Commercial, Light Industrial, or Industrial Zoning District or
railroad right-of-way, the required side yards shall be no less than 20 feet in width and
the required rear yards shall be no less than 20 feet in depth.
4. One-half of the required side and rear yards, as measured from the lot line, shall be
landscaped, planted, and maintained as a buffer zone.
(2) Height Restrictions. No building or structure, other than water tanks, water towers, or essential
service communication structures as provided for in this chapter, shall be erected with a height
in excess of four stories or 45 feet, whichever is less, in the Light Industrial Zoning District. All
necessary mechanical equipment and elevator penthouses will not be included in computation
of building height. The City Council may grant a conditional use permit for a taller building.
(g) Accessory Structures. Accessory structures in the Light Industrial Zoning District shall be governed
by the following requirements:
(1) Location and Setback Requirements. The following location regulations and setbacks shall be
required for accessory structures in the Light Industrial Zoning District:
a. Location. A detached accessory structure shall be located completely to the rear of the
principal structure, unless it is built with frost footings. In that case, an accessory structure
may be built no closer to the front setback than the principal structure.
b. Front Setback. Accessory structures shall be located no less than 35 feet from the front lot
line.
c. Side and Rear Setbacks. Accessory structures shall be located no less than the required
setback for principal structures in the Light Industrial Zoning District from a side or rear lot
line.
d. Cornices and Eaves. Cornices and eaves may not project more than 30 inches into a
required setback.
e. Separation Between Structures. Accessory structures shall be located no less than 10 feet
from any principal structure and from any other accessory structure.
f. Alleys.Accessory structures shall be located no less than 10 feet from an alley.
(2) Height Restrictions. No accessory structure shall be erected in the Light Industrial Zoning
District with a height in excess of one story, which is 10 feet from the floor to the top horizontal
component of a frame building to which the rafters are fastened (known as the "top plate"). For
the purposes of this regulation, the height of a shed roof shall be measured to the top plate.
Attic space in accessory structures shall be used only for storage and/or utility space.
(3) Number and Size. Only one accessory structure shall be allowed on each lot and no accessory
structure shall be larger in size than the principal structure. In no case shall an accessory
structure be greater than 1,000 square feet or less than 120 square feet in area. Accessory
structures include storage buildings, detached sheds, greenhouses, gazebos and other
shelters. Accessory structures not used solely for storage and related activities shall have open
sides from floor to ceiling, except that they may have railings and temporary screening (used
only on two sides at a time), all constructed in accordance with the building code.
(4) Design. All accessory structures constructed after the construction of the principal structure
must be designed and constructed of similar materials as determined by the City Manager or
his/her designee.
(5) Parking Structures and Garages. Parking structures and garages shall not be considered
accessory structures if they are used to meet the required number of parking spaces.
(h) Lot Coverage. No building or structure, or group thereof, shall occupy more than 50 percent of the
total land area of any lot or parcel in a Light Industrial Zoning District.
(Code 1988, § 11.35; Ord.No. 546, 9-18-1981; Ord.No. 573, 8-27-1982; Ord.No. 609, 11-11-
1983; Ord. No. 643, 11-16-1984; Ord. No. 664, 7-12-1985; Ord.No. 674, 12-27-1985; Ord.No.
712, 6-23-1988; Ord.No. 50, 2nd Series, 11-21-1990; Ord.No. 80, 2nd Series, 11-28-1991; Ord.
No. 82, 2nd Series, 2-27-1992; Ord. No. 118,2nd Series, 9-22-1994; Ord.No. 252, 2nd Series,
7-26-2001; Ord.No. 264, 2nd Series, 12-13-2001; Ord.No. 271, 2nd Series, 11-15-2002; Ord.
No. 272,2nd Series, 10-15-2002; Ord. No. 274, 2nd Series, 12-27-2002; Ord.No. 326,2nd
Series, 4-15-2005; Ord. No. 344, 2nd Series, 5-25-2006; Ord. No. 346, 2nd Series, 7-1-2006;
Ord.No. 427, 2nd Series, 12-25-2009; Ord.No. 536, 2nd Series, 1-16-2015; Ord.No. 540, 2nd
Series, 1-30-2015; Ord. No. 546, 9-18-1981; Ord. No. 567, 2nd Series, 7-30-2015; Ord.No. 591,
2nd Series, 3-10-2016)
Sec. 113-94.-Industrial Zoning District.
(a) Purpose. The purpose of the Industrial Zoning District is to provide for the establishment of
industrial and manufacturing development and uses along with directly related and complementary
uses which, because of the nature of the product or character of activity, requires isolation from
residential and commercial areas.
(b) District Established. Lots shall be established within the Industrial Zoning District in the manner
provided for in Section 113-29. The district established and/or any subsequent changes to such
district shall be reflected in the Official Zoning Map of the City as provided in Section 113-56.
(c) Principal Uses. The following principal uses shall be permitted in the Industrial Zoning District:
(1) All permitted uses in the Light Industrial Zoning District
(2) Lumber yards, including outside storage
(3) Building material yards, including outside storage
(4) Automobile accessory services, including battery and tire repair and replacement services
(5) Blacksmith, repair, machine, or tin shops
(6) Animal kennels where animals are customarily kept, boarded, cared for, trained, fed, or bought
and sold, as a business
(7) General manufacturing uses, including the compounding, assembly, or treatment of articles or
materials
(8) Hotels and motels
(9) Class I restaurants
(10) Metal fabrication and assembly
(11) Temporary retail sales in accordance with this section
(12) Sexually oriented businesses
(13) Recycling drop-off facilities; and
(14) Distilleries.
(d) Accessory Uses. The following accessory uses shall be permitted in the Industrial Zoning District:
(1) Essential services, Class II.
(e) Conditional Uses. The following conditional uses may be allowed after review by the Planning
Commission and approval by the City Council in accordance with the standards and procedures set
forth in this chapter:
(1) All conditional uses as provided for in the Light Industrial Zoning District
(2) Car washes
(3) Structures and premises for automobile or other motor vehicle sales and showrooms, with
incidental accessory service and repair facilities
(4) Service stations
(5) Bulk storage of gas, fuel oil, chemicals, and other liquid or solid materials which may be
considered hazardous or toxic
(6) Mortuaries
(7) Off-street parking lots for adjacent commercial, light industrial, or industrial uses
(8) Outdoor sales including motor vehicle and equipment rental
(9) Drive-through retail establishments, such as banks, cleaners, Class II restaurants, and similar
uses
(10) Unattended business operations, such as vending machines and equipment
(11) Temporary structures such as tents or air-supported structures
(12) Railroad yards, railroad tracks, and rights-of-way in such yards, railroad shops, round houses,
and any other use which shall be for railroads
(13) Automobile repair shops, auto body repair and/or painting, and auto cleaning and
reconditioning
(14) Heliports
(15) Child care centers
(16) Trade schools or training centers
(17) Adult day care centers; and
(18) Principal or conditional uses in buildings taller than 45 feet in height.
(f) Principal Structures. Principal structures in the Industrial Zoning District shall be governed by the
following requirements:
(1) Setback Requirements. The following setbacks shall be required for principal structures in the
Industrial Zoning District:
a. Front Setback.
1. The required minimum front setback shall be 35 feet from any front lot line along a
street right-of-way line. All front yards shall be maintained as landscaped green areas.
2. For lots facing an R-1 or R-2 Zoning District across a public street, the yard abutting
that street shall not be less than 75 feet from the right-of-way line of the street to the
structure.
b. Side and Rear Setbacks.
1. For lots adjoining an R-1 or R-2 Zoning District, the required side yards shall be no
less than 100 feet in width and the required rear yards shall be no less than 100 feet
in depth.
2. For lots adjoining an R-3, R-4, Business and Professional Office, Institutional, or I-394
Mixed Use Zoning District, the required side yards shall be no less than 50 feet in
width and the required rear yards shall be no less than 50 feet in depth.
3. For lots adjoining a Commercial, Light Industrial, or Industrial Zoning District or
railroad right-of-way, the required side yards shall be no less than 20 feet in width and
required rear yards shall be no less than 20 feet in depth.
4. One-half of the required side and rear yards, as measured from the lot line, shall be
landscaped, planted, and maintained as a buffer zone.
(2) Height Restrictions. No building or structure, other than water tanks, water towers, or essential
service communication structures as provided for in this chapter, shall be erected with a height
in excess of four stories or 45 feet, whichever is less, in the Industrial Zoning District. All
necessary mechanical equipment and elevator penthouses will not be included in computation
of building height. The City Council may grant a conditional use permit for a taller building.
(g) Accessory Structures. Accessory structures in the Industrial Zoning District shall be governed by the
following requirements:
(1) Location and Setback Requirements. The following location regulations and setbacks shall be
required for accessory structures in the Industrial Zoning District:
a. Location. A detached accessory structure shall be located completely to the rear of the
principal structure, unless it is built with frost footings. In that case, an accessory structure
may be built no closer to the front setback than the principal structure.
b. Front Setback. Accessory structures shall be located no less than 35 feet from the front lot
line.
c. Side and Rear Setbacks. Accessory structures shall be located no less than the required
setback for principal structures in the Industrial Zoning District from a side or rear lot line.
d. Cornices and Eaves. Cornices and eaves may not project more than 30 inches into a
required setback.
e. Separation Between Stsvctures. Accessory structures shall be located no less than 10 feet
from any principal structure and from any other accessory structure.
f. Alleys. Accessory structures shall be located no less than 10 feet from an alley.
(2) Height Restrictions. No accessory structure shall be erected in the Industrial Zoning District
with a height in excess of one story, which is 10 feet from the floor to the top horizontal
component of a frame building to which the rafters are fastened (known as the "top plate"). For
the purposes of this regulation, the height of a shed roof shall be measured to the top plate.
Attic space in accessory structures shall be used only for storage and/or utility space.
(3) Number and Size. Only one accessory structure shall be allowed on each property and no
accessory structure shall be larger in size than the principal structure. In no case shall an
accessory structure be greater than 1,000 square feet or less than 120 square feet in area.
Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and
other shelters. Accessory structures not used solely for storage and related activities shall have
open sides from floor to ceiling, except that they may have railings and temporary screening
(used only on two sides at a time), all constructed in accordance with the building code.
(4) Design. All accessory structures constructed after the construction of the principal structure
must be designed and constructed of similar materials as determined by the City Manager or
his/her designee.
(5) Parking Structures and Garages. Parking structures and garages shall not be considered
accessory structures if they are used to meet the required number of parking spaces. �
(h) Lot Coverage. No building or structure, or group thereof, shall occupy more than 50 percent of the
total land area of any lot or parcel in an Industrial Zoning District.
(Code 1988, § 11.36; Ord.No. 551, 9-11-1981; Ord.No. 609, 11-11-1983; Ord.No. 641, 11-16-
1984; Ord.No. 643, 11-16-1984; Ord.No. 712, 6-23-1988; Ord.No. 53, 2nd Series, 1-24-1991;
Ord.No. 79, 2nd Series, 10-10-1991; Ord.No. 264, 2nd Series, 12-13-2002; Ord.No. 272, 2nd
Series, 10-15-2002; Ord. No. 326, 2nd Series,4-15-2005; Ord.No. 344, 2nd Series, 5-25-2006;
Ord. No. 346, 2nd Series, 7-1-2006; Ord.No. 365, 2nd Series, 3-23-2007; Ord.No. 427, 2nd
Series, 12-25-2009; Ord.No. 536, 2nd Series, 1-16-2015; Ord.No. 563,2nd Series, 7-30-2015)
Sec. 113-95.-Business and Professional Offices Zoning District.
(a) Purpose. The purpose of the Business and Professional Offices Zoning District is to provide areas
designated for the construction, maintenance, and use of offices for persons engaged in business
pursuits not involving the sale of or handling of goods, wares, merchandise, or commodities.
(b) District Established. Lots shall be established within the Business and Professional Offices Zoning
District in the manner provided for in Section 113-29. The district established and/or any subsequent
changes to such district shall be reflected in the Official Zoning Map of the City as provided in
Section 113-56.
(c) Principal Uses. The following principal uses shall be permitted in the Business and Professional
Offices Zoning District:
(1) Offices; and
(2) Essential services, Class I.
(d) Accessory Uses. The following accessory uses shall be permitted in the Business and Professional
Offices Zoning District:
(1) Essential services, Class I.
(e) Conditional Uses. The following conditional uses may be allowed after review by the Planning
Commission and approval by the City Council in accordance with the standards and procedures set
forth in this chapter:
(1) Adult day care centers
(2) Child care centers
(3) Daytime activity centers or other facilities providing school and/or training for disabled people
(4) Financial institutions, including drive-through facilities
(5) Heliports
(6) Limited retail services within a professional office building
(7) Recreational facilities such as ball fields, swimming pools, and playgrounds
(8) Other uses which, in the opinion of the City Council, are compatible with the uses specifically
described above; and
(9) Permitted and conditional uses in buildings exceeding three stories in height.
(f) Principal Structures. Principal structures in the Business and Professional Offices Zoning District
shall be govemed by the following requirements:
(1) Setback Requirements. The following setbacks shall be required for principal structures in the
Business and Professional Offices Zoning District:
a. Front Setback.
1. The required minimum front setback shall be 35 feet from any front lot line along a
street right-of-way line.All front yards shall be maintained as landscaped green areas.
2. In the case of a building over three stories, the front setback shall be increased five
feet for each additional story over three stories or each additional 10 feet above a
height of 30 feet.
b. Side and Rear Setbacks.
1. For lots adjoining an R-1 or R-2 Zoning District, the required side yards shall be no
less than 50 feet in width and the required rear yards shall be no less than 50 feet in
depth.
2. For lots adjoining an R-3, R-4, Business and Professional Offices, or Institutional
Zoning District, the required side yards shall be no less than 30 feet in width and the
required rear yards shall be no less than 30 feet in depth.
3. For lots adjoining a Commercial, Light Industrial, Industrial, or I-394 Mixed Use Zoning
District or railroad right-of-way, the required side yards shall be no less than 20 feet in
width and the required rear yards shall be no less than 20 feet in depth.
4. In the case of a building over three stories, the side and rear setbacks shall be
increased five feet for each additional story over three stories or each additional 10
feet above a height of 30 feet.
5. One-half of the required side and rear yards, as measured from the lot line, shall be
landscaped, planted, and maintained as a buffer zone.
(2) Height Resfrictions. No building or structure shall be erected with a height in excess of three
stories or 36 feet, whichever is less, in the Business and Professional Offices Zoning District. All
necessary mechanical equipment and elevator penthouses will not be included in computation
of building height.The City Council may grant a conditional use permit for a taller building.
(g) Accessory Structures. Accessory structures in the Business and Professional Offices Zoning District
shall be govemed by the following requirements:
(1) Location and Setback Requirements. The following location regulations and setbacks shall be
required for accessory structures in the Business and Professional Offices Zoning District:
a. Location. A detached accessory structure shall be located completely to the rear of the
principal structure, unless it is built with frost footings. In that case, an accessory structure
may be built no closer to the front setback than the principal structure.
b. Front Setback. Accessory structures shall be located no less than 35 feet from the front lot
line.
c. Side and Rear Setbacks. Accessory structures shall be located no less than the required
setback for principal structures in the Business and Professional Offices Zoning District
from a side or rear lot line.
d. Cornices and Eaves. Cornices and eaves may not project more than 30 inches into a
required setback.
e. Separation Between Structures. Accessory structures shall be located no less than 10 feet
from any principal structure and from any other accessory structure.
f. Alleys.Accessory structures shall be located no less than 10 feet from an alley.
(2) Height Restrictions. No accessory structure shall be erected in the Business and Professional
Offices Zoning District with a height in excess of one story, which is 10 feet from the floor to the
top horizontal component of a frame building to which the rafters are fastened (known as the
"top plate"). For the purposes of this regulation, the height of a shed roof shall be measured to
the top plate. Attic space in accessory structures shall be used only for storage and/or utility
space.
(3) Number and Size. Only one accessory structure shall be allowed on each lot and no accessory
structure shall be larger in size than the principal structure. In no case shall an accessory
structure be greater than 1,000 square feet or less than 120 square feet in area. Accessory
structures include storage buildings, detached sheds, greenhouses, gazebos and other
shelters. Accessory structures not used solely for storage and related activities shall have open
sides from floor to ceiling, except that they may have railings and temporary screening (used
only on two sides at a time), all constructed in accordance with the building code.
(4) Design. All accessory structures constructed after the construction of the principal structure
must be designed and constructed of similar materials as determined by the City Manager or
his/her designee.
(5) Building Permits. All accessory structures located in a Business and Professional Offices
Zoning District require a building permit.
(6) Parking Structures and Garages. Parking structures and garages shall not be considered
accessory structures if they are used to meet the required number of parking spaces.
(h) Buildable Lots. No building or structure located in the Business and Professional Offices Zoning
District shall be located on a parcel of land that is less than one acre in area or less than 100 feet in
width.
(i) Lot Coverage. No building or structure or group thereof, shall occupy more than 40 percent of the
total land area of any lot or parcel in a Business and Professional Offices Zoning District. An
additional 20 percent of the land area shall be allowed for the construction of a parking structure.
(Code 1988, § 11.45; Ord.No. 541, 5-8-1981; Ord. No. 643, 11-16-1984; Ord. No. 80, 2nd
Series, 11-28-1991; Ord. No. 264, 2nd Series, 12-13-2002; Ord.No. 271, 2nd Series, 11-15-
2002; Ord. No. 344, 2nd Series, 5-25-2006; Ord. No. 346, 2nd Series, 7-1-2006; Ord.No. 396,
2nd Series, 3-28-2008)
Sec. 113-96.-Institutional Zoning District.
(a) Purpose. The purpose of the Institutional Zoning District is to establish areas where both public and
private institutional uses such as schools, hospitals, parks, golf courses, nursing homes, and public
buildings may be located.
(b) District Established. Lots shall be established within the Institutional Zoning District in the manner
provided for in Section 113-29. The district established and/or any subsequent changes to such
district shall be reflected in the Official Zoning Map of the City as provided in Section 113-56.
(c) Principal Uses.
(1) The following principal uses shall be permitted in the I-1 Institutional Zoning Sub-District:
a. Places of worship
b. Schools, public and parochial, excepting colleges, seminaries, and other institutes of higher
education
c. Essential services, Class I; and
d. Seasonal farm produce sales.
(2) The following principal uses shall be permitted in the I-2 Institutional Zoning Sub-District:
a. Public and private libraries
b. Museums
c. Colleges, seminaries, and other institutes of higher education; and
d. Essential services, Class I.
(3) The following principal uses shall be permitted in the I-3 Institutional Zoning Sub-District:
a. Convalescent homes, nursing homes, clinics, and other buildings incidental to the
operation thereof
b. Essential services, Class I.
(4) The following principal uses shall be permitted in the I-4 Institutional Zoning Sub-District:
a. Golf courses, country clubs, and polo fields, excepting those carried on as a business such
as miniature golf courses
b. Parks, playgrounds, City offices, fire stations, and other lands incidental to the operation of
the City; and
c. Essential services, Class I.
(5) The following principal uses shall be permitted in the I-5 Institutional Zoning Sub-District:
a. Cemeteries; and
b. Essential services, Class I.
(d) Accessory Uses. The following accessory uses shall be permitted in the Institutional Zoning District:
(1) Essential services, Class I.
(e) Conditional Uses.
(1) The following conditional uses may be allowed in the I-1 Institutional Zoning Sub-District after
review by the Planning Commission and approval by the City Council in accordance with the
standards and procedures set forth in this chapter:
a. Adult day care centers
b. Child care centers; and
c. Heliports.
(2) The following conditional uses may be allowed in the I-2 Institutional Zoning Sub-District after
review by the Planning Commission and approval by the City Council in accordance with the
standards and procedures set forth in this chapter:
a. Adult day care centers; and
b. Child care centers.
(3) The following conditional uses may be allowed in the I-3 Institutional Zoning Sub-District after
review by the Planning Commission and approval by the City Council in accordance with the
standards and procedures set forth in this chapter:
a. Adult day care centers
b. Child care centers
c. Congregate housing
d. Heliports
e. Hospitals and outpatient surgical facilities
f. Lodge halls and private clubs
g. Residential facilities; and
h. Senior and disability housing.
(4) The following conditional uses may be allowed in the I-4 Institutional Zoning Sub-District after
review by the Planning Commission and approval by the City Council in accordance with the
standards and procedures set forth in this chapter:
a. Adult day care centers
b. Child care centers; and
c. Heliports.
(5) Such other uses which, in the opinion of the City Council, are reasonably compatible with the
uses specifically described above, may be permitted as a conditional use in Institutional Zoning
Sub-Districts I-1 through I-4.
(f) Principal Structures. Principal structures in the Institutional Zoning District shall be governed by the
following requirements:
(1) Setback Requirements. The following setbacks shall be required for principal structures in the
Institutional Zoning District:
a. Front Setback. The required minimum front setback shall be 35 feet from any front lot line
along a street right-of-way line. All front yards shall be maintained as landscaped green
areas and shall contain no off-street parking.
b. Side and Rear Setbacks.
1. Required side yards shall be no less than 50 feet in width and required rear yards
shall be no less than 50 feet in depth.
2. One-half of the required side and rear yards, as measured from the lot line, shall be
landscaped, planted, and maintained as a buffer zone.
(2) Height Restrictions. No building or structure, other than water tanks, water towers, or lighting
fixtures shall be erected with a height in excess of three stories or 36 feet, whichever is less, in
the Institutional Zoning District. Church spires, belfries, chimneys, and architectural finials may
be permitted to exceed the maximum provisions of this section when erected in accordance with
this chapter.
(g) Accessory Structures. Accessory structures in the Institutional Zoning District shall be govemed by
the following requirements:
(1) Location and Setback Requirements. The following location regulations and setbacks shall be
required for accessory structures in the Institutional Zoning District:
a. Location. A detached accessory structure shall be located completely to the rear of the
principal structure, unless it is built with frost footings. In that case, an accessory structure
may be built no closer to the front setback than the principal structure.
b. Front Setback. Accessory structures shall be located no less than 35 feet from the front lot
line.
c. Side and Rear Setbacks. Accessory structures shall be located no less than the required
setback for principal structures in the Institutional Zoning District from a side or rear lot line.
d. Cornices and Eaves. Cornices and eaves may not project more than 30 inches into a
required setback.
e. Separation Between Structures. Accessory structures shall be located no less than 10 feet
from any principal structure and from any other accessory structure.
f. Alleys.Accessory structures shall be located no less than 10 feet from an alley.
(2) Height Restrictions. No accessory structure shall be erected in the Institutional Zoning District
with a height in excess of one story, which is 10 feet from the floor to the top horizontal
component of a frame building to which the rafters are fastened (known as the "top plate"). For
the purposes of this regulation, the height of a shed roof shall be measured to the top plate.
Attic space in accessory structures shall be used only for storage and/or utility space.
(3) Number and Size. Only one accessory structure shall be allowed on each property and no
accessory structure shall be larger in size than the principal structure. In no case shall an
accessory structure be greater than 1,000 square feet or less than 120 square feet in area.
Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and
other shelters. Accessory structures not used solely for storage and related activities shall have
open sides from floor to ceiling, except that they may have railings and temporary screening
(used only on two sides at a time), all constructed in accordance with the building code.
(4) Design. All accessory structures constructed after the construction of the principal structure
must be designed and constructed of similar materials as determined by the City Manager or
his/her designee.
(5) Parking Structures and Garages. Parking structures and garages shall not be considered
accessory structures if they are used to meet the required number of parking spaces.
(h) Lot Coverage. No building or structure, or group thereof, shall occupy more than 25 percent of the
total land area of any lot or parcel in an Institutional Zoning District.
(Code 1988, § 11.46; Ord.No. 567, 5-28-1982; Ord. No. 609, 11-11-1983; Ord.No. 643, 11-16-
1984; Ord.No. 653,4-12-1985; Ord.No. 80,2nd Series, 11-28-1991; Ord. No. 127, 2nd Series,
4-27-1995; Ord.No. 264, 2nd Series, 12-13-2001; Ord.No. 344, 2nd Series, 5-25-2006; Ord.
No. 346, 2nd Series, 7-1-2006)
Sec. 113-97. -I-394 Mixed Use Zoning District.
(a) Purpose.
(1) The purpose of the I-394 Mixed Use Zoning District is to improve the cohesiveness,
attractiveness, and sustainability of the I-394 Corridor and to implement the following principles
and recommendations of the I-394 Corridor Study:
a. Enable the corridor to evolve toward a diverse mix of land uses, including residential as
well as commercial and industrial.
b. Maximize integration rather than separation of land uses,where appropriate.
c. Maintain the corridor as an employment center.
d. Improve the visual coherence and attractiveness of the corridor.
e. Improve connectivity for all modes of transportation.
f. Foster neighborhood-serving retail and services.
g. Maintain or improve the functioning of intersections and highway interchanges.
h. Foster sustainable development and a balance befinreen urban and natural systems.
(2) The district includes specific standards for building form, height, bulk and placement in order to
encourage development that is varied, visually appealing, accessible to non-motorized
transportation and pedestrian oriented. It is designed to complement the standards of the I-394
Overlay Zoning District.
(b) District Established. Lots shall be established within the I-394 Mixed Use Zoning District in the
manner provided for in Section 113-29. The district established and/or any subsequent changes to
such district shall be reflected in the Official Zoning Map of the City as provided in Section 113-56.
(c) Principal Uses. The following principal uses shall be permitted in the I-394 Mixed Use Zoning
District:
(1) Multifamilydwellings
(2) Senior and disability housing
(3) All principal uses in the Commercial Zoning District, provided that such uses are combined with
other principal or conditional uses within a mixed-use building, and that the gross floor area
occupied by any such single use shall not exceed 10,000 square feet
(4) Class I and III restaurants
(5) Business and professional offices, provided that the gross floor area occupied by the use shall
not exceed 10,000 square feet
(6) Medical clinics
(7) Live-work units
(8) All principal uses in the I-1, I-2, and I-3 Institutional Zoning Sub-Districts
(9) Child care centers
(10) Adult day care centers;and
(11) Brewpubs.
(d) Accessory Uses. The following accessory uses shall be permitted in the I-394 Mixed Use Zoning
District:
(1) Structured parking accessory to any permitted use.
(e) Conditional Uses. The following conditional uses may be allowed after review by the Planning
Commission and approval by the City Council in accordance with the standards and procedures set
forth in this chapter:
(1) Class II restaurants
(2) Any principal use in the Commercial Zoning District in a freestanding building
(3) Any principal or conditional use allowed in the Commercial Zoning District occupying more than
10,000 square feet of gross floor area
(4) Business and professional offices occupying more than 10,000 square feet. The City Council
may establish a maximum amount of office development that will be permitted on any lot, based
upon traffic studies as required by the I-394 Overlay Zoning District, using appropriate minimum
levels of service
(5) Research and development laboratories
(6) Convenience stores, including the sale of gasoline
(7) Drive-through facilities accessory to any principal or conditional use
(8) Permitted or conditional uses in buildings exceeding the height limits specified in this section
(9) Nonresidential and mixed uses exceeding a floor area ratio(FAR)of 0.6
(10) Breweries (limited and associated retail use such as merchandise related to the brewery may
be sold)
(11) Taprooms(limited and associated retail use such as merchandise related to the brewery may
be sold in the taproom)
(12) Micro-distilleries (limited and associated retail use such as merchandise related to the
microdistillery may be sold); and
(13) Cocktail rooms (limited and associated retail use such as merchandise related to the
microdistillery may be sold in the cocktail room).
(f) Standards for Live-Work Units. The purpose of a live-work unit is to provide a transitional use type
that combines elements of a home occupation and a commercial enterprise.
(1) The work space may be located on any floor of the building, but businesses serving the public
shall generally be located on the first floor for accessibility. Office or studio spaces or other low-
tra�c activities may be located on upper floors or basements.
(2) The dwelling unit component shall maintain a separate entrance located on the front or side
facade and accessible from the primary abutting public street.
(3) A total of two off-street parking spaces shall be provided for a live-work unit, located to the rear
of the unit, or in an underground or enclosed space.
(4) The business component of the building may include offices, small service establishments,
home crafts which are typically considered accessory to a dwelling unit, or limited retailing
associated with fine arts, crafts, or personal services. It may not include a commercial food
service requiring a license, a limousine business or auto service, or repair for any vehicles other
than those registered to residents of the property.
(5) The business of the live-work unit must be conducted by a person who resides in the dwelling
unit. The business shall not employ more than two workers on site at any one time who live
outside of the live-work unit.
(6) All buildings that permit live-work units shall adopt rules to regulate their operations in order to
ensure that live-work units function harmoniously with other dwelling units within the building.
(g) Dimensional Standards. Principal structures in the I-394 Mixed Use Zoning District shall be
governed by the following requirements:
(1) Setback Requirements. The following setbacks shall be required for principal structures in the
I-394 Mixed Use Zoning District.
a. Front Setback.
1. For nonresidential or mixed uses facing an R-1 or R-2 Zoning District across a public
street, the yard abutting that street shall not be less than 75 feet from the right-of-way
line of the street to the structure.
2. For residential uses facing an R-1 or R-2 Zoning District across a public street, the
yard abutting that street shall not be less than 30 feet from the right-of-way line of the
street to the structure.
3. For buildings with a residential use at ground level, the yard abutting the street shall
be not less than 10 feet from the right-of-way line of the street to the structure.
4. For buildings with nonresidential uses at ground level, there shall be no minimum front
yard setback.
5. For surface parking areas, the front yard abutting the street shall be not less than 15
feet.
6. All front yard setbacks shall be landscaped according to the standards of this section.
b. Side and Rear Setbacks.
1. For lots adjoining an R-1 or R-2 Zoning District, the required side yards shall be no
less than 50 feet in width and the required rear yards shall be no less than 50 feet in
depth.
2. For lots adjoining any other zoning district or railroad right-of-way, the required side
yards shall be no less than 10 feet in width and the required rear yards shall be no
less than 10 feet in depth.
3. No surface parking shall be allowed within 15 feet of a lot line.
4. All side and rear yard setbacks shall be landscaped according to the standards of this
section.
(2) Height Restrictions. No building or structure shall exceed the maximum height listed in the
corresponding sub-district except by conditional use permit:
a. Sub-District A(Low):three stories
b. Sub-District B(Medium): six stories; and
c. Sub-District C(High): 10 stories.
(3) Transitional Height. Buildings or portions of buildings located within 75 feet of a residential
district boundary shall not exceed the maximum height permitted within that residential district.
(4) Minimum Height of New Buildings. Buildings occupying 5,000 square feet or more must be two
stories in height. A one-story wing or section of a taller building may be permitted if it comprises
no more than 25 percent of the length of the facade.
(h) Density and Mix of Uses. Mix of uses, minimum densities, and floor area ratios are established to
ensure that new development or redevelopment achieves the goals of the I-394 Corridor Study and
contributes to a lively, pedestrian-oriented environment.
(1) Minimum Density.
a. If housing is part of a mixed use development, no minimum residential density is required.
b. Freestanding residential buildings shall be developed at a minimum density of 15 units per
net residential acre, with the exception of buildings or portions of buildings located within
75 feet of a residential district boundary.
(2) Required Mix of Uses. Development sites over one acre in size shall include at least two use
types from the following categories:
a. Residential
b. Commercial
c. Office; and
d. Other, including studios and other live-work uses.
(3) Maximum Floor Area Ratio. Nonresidential and mixed uses shall not exceed a FAR of 0.6
except by conditional use.
(i) Impervious Surfaces. The total amount of impervious surfaces on any lot or parcel shall not exceed
65 percent of the area.
(j) Required Open Space. Development sites over one acre in size shall reserve at least 15 percent of
the site as a designed and landscaped plaza, green, park, play area, trail or parkway, or combination
thereof.
(k) Development Standards. This section establishes objective development standards for all uses
within the district. Standards are intended to encourage creative and sustainable approaches to
development, and to allow some degree of flexibility in that some are mandatory and others are
suggested:
(1) Building Placement. Buildings shall be placed close to the adjacent primary street where
practicable. Primary streets include: Laurel Avenue and the north-south streets of Xenia,
Colorado, Hampshire, Louisiana, Pennsylvania and Rhode Island. (Additional primary streets
may be established in the future.) Parking and services uses should be located in the interior of
the site in order to create a vibrant pedestrian environment, slow tra�c, and increase the visual
interest and attractiveness of the area.
(2) Building Design. Building facades over 30 feet in length shall be visually divided into smaller
increments by architectural elements such as recesses, openings, variation in materials or
details. Building tops shall be defined with the use of architectural details such as cornices,
parapets, contrasting materials or varied window or roof shapes. Buildings should have a
defined base, middle and top, and employ elements that relate to the human scale and appeal
to the pedestrian, such as awnings,windows or arcades.
(3) Transparency. Views into and out of buildings shall be provided to enliven the streetscape and
enhance security.
a. Where nonresidential uses occupy the ground floor level, window and door openings shall
comprise at least 60 percent of the length and 30 percent of the area of the ground floor
facade facing the primary street and shall be located between three and eight feet above
the adjacent grade level. Minimum window sill height shall be three feet above the ground,
while the maximum height of the door shall be eight feet above the ground. Window and
door or balcony openings shall comprise at least 15 percent of upper stories and side and
rear facades.
b. Where residential uses occupy the ground floor level, window and door openings shall
comprise at least 20 percent of the primary facade and 15 percent of each side and rear
facade.
c. Window and door openings shall be clear or slightly tinted to allow unobstructed views into
and out of buildings. Views shall not be blocked between three and eight feet above grade
by storage, shelving mechanical equipment or other visual barriers. Display windows, if
designed to provide equivalent visual interest, may be considered as an alternative
approach as provided in Subsection (I)of this section. The display area behind the window
shall be at least four feet deep and shall be used to display merchandise.
(4) Building Entrances. Building entrances shall be provided on the primary street on which the
building fronts, in addition to any entrances from rear or side parking areas. Street entrances
shall be lighted and defined by means of a canopy, portico, recess, or other architectural details.
(5) Building Materials.
a. Exterior wall finish. Exterior wall surFaces of all buildings, excluding those portions of
foundation walls extending above finished grade, shall be faced with glass, exterior cement
plaster (stucco), natural stone, brick, architectural concrete, non-corrugated metal, or an
equivalent or better. Use of masonry and other durable materials is preferred.
b. At least 20 percent of the facade facing the primary street shall be faced with Kasota stone
or other indigenous dolomitic limestone.
c. When used as architectural trim, up to 15 percent of the exterior wall surface of a building
elevation may be wood, metal, exterior insulation finish system (EIFS) or other equivalent
materials as approved by the City Manager or his/her designee.
d. Facade treatment. All building facades shall be constructed with materials of equivalent
levels of quality to those used on the front facade, except where a facade is not visible to
the public.
(6) Building Colors. Bright or primary colors shall be limited to 15 percent of all street-facing
facades and roofs, except when used in public art or on an awning.
(7) Parking Location. Off-street parking shall be located to the side and rear of buildings to the
maximum extent feasible. Off-street parking within front yard setbacks befinreen buildings and
the primary street shall be limited to a maximum depth of 40 feet. On-street parking will be
encouraged where appropriate and feasible.
(8) Parking Screening. Parking areas shall be screened from public streets, sidewalks and paths
by a landscaped frontage strip at least five feet wide. If a parking area contains over 100
spaces, the frontage strip shall be increased to eight feet in width.
a. Within the frontage strip, screening shall consist of either a masonry wall, berm or hedge or
combination that forms a screen a minimum of 3.5 and a maximum of four feet in height,
and not less than 50 percent opaque on a year-round basis.
b. Trees shall be planted at a minimum of one deciduous tree per 50 feet within the frontage
strip.
(9) Structured Parking. The ground floor facade of any parking structure abutting any public street
or walkway shall be designed and architecturally detailed in a manner consistent with adjacent
commercial or o�ce buildings.
a. Upper floors shall be designed so that sloped floors typical of parking structures do not
dominate the appearance of the facade.
b. Entrance drives to structured parking (including underground parking) shall be located and
designed to minimize interference with pedestrian movement. Pedestrian walks should be
continued across driveways.
c. The appearance of structured parking entrances shall be minimized so that they do not
dominate the street frontage of a building. Possible techniques include recessing the entry,
extending portions of the structure over the entry, using screening and landscaping to
soften the appearance of the entry, using the smallest curb cut and driveway possible, and
subordinating the parking entrance (compared to the pedestrian entrance) in terms of size,
prominence, location and design emphasis.
(10) Pedestrian Circulation.
a. Sidewalks shall be required along all street frontages, and sidewalk and trail design shall
be consistent with the City's Public Sidewalk and Trail Policy.
b. A well-defined pedestrian path shall be provided from the sidewalk to each principal
customer/resident entrance of a building. Walkways shall be located so that the distance
between street and entrance is minimized.Walkways shall be at least six feet in width, and
shall be distinguished through pavement material from the surrounding parking lot.
Walkways shall be landscaped for at least 50 percent of their length with trees, shrubs,
flower beds and/or planter pots.
c. Sidewalks of at least six feet in width shall be provided along all building facades that abut
public parking areas.
d. Sidewalks shall be maintained by the adjacent property owner.
(11) Drive-Through Facilities.
a. Drive-through elements shall not be located between the front facade of the principal
building and the street. No service shall be rendered, deliveries made or sales conducted
within the required front yard, although tables may be provided for customer use.
b. Site design shall accommodate a logical and safe vehicle and pedestrian circulation
pattern. Adequate queuing lane space shall be provided, without interfering with on-site
parking/circulation.
c. Drive-through canopies and other structures, where present, shall be constructed from the
same materials as the primary building, and with a similar level of architectural quality and
detailing.
d. Sound from any speakers used on the premises shall not be audible above a level of
normal conversation at the boundary of any surrounding residential district or on any
residential property.
(12) Outdoor Seating and Service Areas. Outdoor seating and garbage receptacles are
encouraged within front, side or rear setback areas, and temporary seating may be permitted
within rights-of-way, provided that sidewalks remain clear to a width of five feet. Service
windows for serving food and beverages may be permitted as part of any building facade.
Garbage receptacles shall be maintained by the property owner.
(13) Public Art. Public art is encouraged as a component of new development.
(I) Alternative Approaches to Development Standards. Although many of the development standards in
this section are mandatory, there may be other ways to achieve the same design objective. The City
may permit alternative approaches that, in its determination, meet the intent of the development
standards equally well or when specific physical conditions of the site or building would make
compliance infeasible or inappropriate.
(Code 1988, § 11.47; Ord.No. 397,2nd Series, 6-6-2008; Ord.No. 540, 2nd Series, 1-30-2015;
Ord.No. 567, 2nd Series, 7-30-2015)
Secs. 113-98-113-122. -Reserved.
DIVISION 3.-PLANNED UNIT DEVELOPMENT AND OVERLAY DISTRICTS
Sec. 113-123. -Planned Unit Development.
(a) Intent and Purpose. It is the intent of this section to provide an optional method of regulating land
use which permits flexibility from the other provisions of the City Code, including flexibility in uses
allowed, setbacks, height, parking requirements, number of buildings on a lot, and similar regulations
in exchange for public benefit in the form of amenities.
(1) The purpose of this section is to:
a. Encourage, preserve and improve the health, safety and general welfare of the people of
the City by encouraging the use of contemporary land planning principles.
b. Achieve a high quality of site planning, design, landscaping, and building materials which
are compatible with the existing and planned land uses.
c. Encourage preservation and protection of desirable site characteristics and open space
and protection of sensitive environmental features including steep slopes, trees, scenic
views, waterways,wetlands and lakes.
d. Encourage construction of affordable housing and a variety of housing types.
e. Encourage creativity and flexibility in land development.
f. Encourage efficient and effective use of land, open space, streets, utilities and other public
facilities.
g. Allow mixed land uses and the assembly and development of land to form larger parcels.
h. Encourage development in transitional areas which achieve compatibility with all adjacent
and nearby land uses.
i. Achieve development consistent with the Comprehensive Plan.
j. Achieve development consistent with the City's redevelopment plans and goals.
k. Encourage development that is sustainable and has a high degree of energy efficiency.
(2) This section applies to all planned unit developments existing in the City on the date of
enactment of the ordinance from which this section is derived and all subsequently enacted
planned unit developments(or PUDs).
(b) Applicability.
(1) Optional Land Use Control. PUD provisions provide an optional method of regulating land use
which permits flexibility in the uses allowed and other regulations, including setbacks, height,
parking requirements, number of buildings on a lot, and similar regulations, provided the
following requirements are met and the PUD plan complies with the other provisions of this
section and other planned unit development sections. Approval of a PUD and granting of a PUD
plan does not alter the existing zoning district classification of a parcel in any manner; however,
once a PUD has been granted and is in effect for a parcel, no building permit shall be issued for
that parcel which is not in conformance with the approved PUD plan, the building code, and with
all other applicable City Code provisions.
(2) Uses. Once a final PUD plan is approved, the uses are limited to those approved by the
specific approved PUD ordinance for the site and by the conditions, if any, imposed by the City
in the approval process.
(3) Maintenance Preservation. All features and aspects of the final PUD plan and related
documents, including, but not limited to, buildings, setbacks, open space, preserved areas,
landscaping, wetlands, buffers, grading, drainage, streets and parking, hard cover, signs and
similar features shall be used, preserved and maintained as required in said PUD plans and
documents.
(c) Standards and Guidelines.
(1) Intent and Purposes. A PUD shall meet and be consistent with the intent and purpose
provisions and all other provisions of this section.
(2) Findings. Approval of a preliminary or final PUD plan, or a PUD amendment, requires the
following findings be made by the City:
a. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and
achieves a higher quality of site planning and design than generally expected under
conventional provisions of this chapter.
b. Preservation. The PUD plan preserves and protects substantial desirable portions of the
site's characteristics, open space and sensitive environmental features including steep
slopes, trees, scenic views, creeks,wetlands and open waters.
c. E�cient; Effective. The PUD plan includes efficient and effective use (which includes
preservation)of the land.
d. Consistency. The PUD plan results in development that is compatible with adjacent uses
and consistent with the Comprehensive Plan and redevelopment plans and goals.
e. General Health. The PUD plan is consistent with preserving and improving the general
health, safety and general welfare of the people of the City.
f. Meets Requirements. The PUD plan meets the intent and purpose provisions of Subsection
(a)of this section and all other provisions of this section.
(3) Size. Each residential PUD must have a minimum area of two acres, excluding areas within a
public right-of-way, designated wetland, or floodplain overlay district, unless the applicant can
demonstrate to the satisfaction of the City Manager or his/her designee the existence of one or
more of the following:
a. Unusual physical features of the property itself or of the surrounding neighborhood such
that development as a PUD will conserve a physical or topographic feature of importance
to the neighborhood or community.
b. The property is directly adjacent to or across a right-of-way from property which has been
developed previously as a PUD and will be perceived as and will function as an extension
of that previously approved development.
c. The property is located in a transitional area between different land use categories.
(4) Frontage. Frontage on a public street shall be at least 100 feet or adequafe to serve the
development.
(5) Setbacks.
a. The City may allow some flexibility in setbacks if it benefits all parties and the environment.
Requiring greater or allowing lesser setbacks may be based on uses on and off the site,
natural amenities and preservation, topography, density, building heights, building
materials, landscaping, lighting and other plan features. The rationale and justification for
these setbacks shall be described in the narrative.
b. Principal building. No principal building shall be closer than its height to the rear or side lot
line when such line abuts on a Single-Family Zoning District.
c. All buildings. No building shall be located less than 15 feet from the back of the curbline
along those roadways which are a part of the intemal road system. Some minor deviations
may be allowed provided adequate separation is provided through additional landscaping,
berming or similar means.
(6) Private Service Facilities or Common Areas. In the event certain land areas or structures are
proposed within the PUD for shared recreational use or as service facilities, the owner of such
land and buildings shall enter into an agreement with the City to assure the continued operation
and maintenance to a pre-determined reasonable standard. These common areas may be
placed under the ownership of one of the following as determined by the City Council:
a. Dedicated to the public where community-wide use is anticipated
b. Landlord; or
c. Landowners or homeowners association, provided appropriate conditions and protections
satisfactory to the City are met, such as formation of the association, mandatory
membership, permanent use restrictions, liability insurance, local taxes, maintenance, and
assessment provisions.
(7) Private Streets.
a. Private streets shall not be approved, nor shall public improvements be approved for any
private right-of-way, unless a waiver is granted by the City based on the following and
other relevant factors:
1. Extension of a public street is not physically feasible as determined by the City
2. Severe grades make it infeasible according to the City to construct a public street to
minimum City standards
3. The City determines that a public road extension would adversely impact natural
amenities; or
4. There is no feasible present or future means of extending right-of-way from other
directions.
b. If the City determines that there is need for a public street extension, this provision shall not
apply, and the right-of-way for a public street shall be provided by dedication in the plat.
c. If a waiver is granted for the installation of private streets, the following design standards
shall apply:
1. The street must have adequate width consistent with the transportation plan and must
be located and approximately centered within an easement at least four feet wider
than the street.
2. The private street shall be designed to minimize impacts upon adjoining parcels.
3. The design and construction standards must result in a functionally sound street in
balance with its intended use and setting.
4. The number of lots to share a common private access drive must be reasonable.
5. Covenants which assign driveway installation and future maintenance responsibility in
a manner acceptable to the City must be submitted and recorded with the titles or the
parcels which are benefited.
6. Common sections of the private street serving three or more dwellings must be built to
a seven-ton design, paved to a width of 20 feet, utilize a minimum grade, and have a
maximum grade which does not exceed 10 percent.
7. The private street must be provided with suitable drainage.
8. Covenants concerning maintenance and use shall be filed against all benefiting
properties.
9. Street addresses or City-approved street name signs, if required, must be posted at
the point where the private street intersects the public right-of-way.
(8) Hard Surfaces. Hard surface coverage is expected not to exceed the following standards.
a.. .___._---,_,_. __._.___ .__----__ .__.__.__ ___,.__.._ ._ .�( ___.._______.___ ._.__._.
_.__.._�.__ __._..----._ _
Uses I Maximum Hard Cover �
I (Percent)
_.___,____ �
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Single-family homes 38% �
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� Townhomes � � 40% �
�_______.__.____._ _. _..--_._..�._._..____�.._.___. ___�______._ _.. .... .._�._._-_.�__. __.______.__�___ _m__.___�..___..�____..___.�..m�
._______._....__________Apartments,condominiums � 42%
' .�;._ _.__.__._.__.__.__._____._�_..._._._.___._.�...�_,__ _.�...___._.__ _._.___.._._�..___,.__�___
_T�N «'vm _ �` Institutional uses � 45%
�- --��___---- -- ___. __._ ___._.._______.. _____._�_.______._____--_______�
� _____.________.__�___.�___Industrial uses y��� 70% j
�-. _ ____...______�.___..._____.__._......._ __...___.�.�_�____-- --.__._.__�
' __..__�__._._�...__.____�_Business-office uses �-� 80% �
� I
__.�__ ___�.__. ____.._..._. ___.��._.__.._____________�_._____.,
_._._.__�_.___�.._____.__ Commercial-retail � 90% �
�-- ___...___.___._.,______________________._.�_____ .._..__---__-- -_._�.�__.__._...�
Mixed uses of housing with retail,office,or business � 90%
(9) Public Space. Properties within PUDs are subject to the dedication of parks, playgrounds,
trails, open spaces, stormwater holding areas, and ponds as outlined in Chapter 109, pertaining
to subdivisions, the Comprehensive Plan, redevelopment plans,or other City plans.
(10) Mixed-Income Housing. All applications for new PUDs submitted after September 19, 2017,
shall be consistent with the City's Mixed-Income Housing Policy.
(11) Public Amenities (Affordable Housing Units). Provide affordable housing units beyond the
minimum amount required in the City's Mixed-Income Housing Policy(and comply with all other
provisions in the Policy).Three options of affordability include:
a. An additional 10 percent of units within the development are rented or sold at 30 percent of
area median income or less.
b. An additional 20 percent of units within the development are rented or sold at 50 percent of
area median income or less.
c. An additional 30 percent of units within the development are rented or sold at 80 percent of
area median income or less.
(12) Public Amenities. All applications for new PUDs submitted after December 1, 2015, shall
provide at least one amenity or combination of amenities that total at least five points from the
public amenity option table below. An applicant may petition for credit for an amenity not
included in the public amenity option table that is not otherwise required in the underlying
zoning district; however, if the petition is granted, the amenity may only be allotted up to two
points.
� ..___..____m_ ___. __________ ____.__________._.. __.�._.__ _,___.___ .____.__ .._ ._._ __________
____.____._._ __.___._ ___m.__ .._..
', PUD Amenity Options �
�
i
�..__........_ .__ ........__,__ . ..__._. ,...._»._�_.__..._._______._ .. .. .._._.."__ ....._..__... __.�._.......... .._._..._...... . ........ .__.._,.___.___.__._... .._. ._._ ._....._.3,
Points� Amenit Standards
� ._._._
�-_._____ .. ....__ .._.� __ _.,_.__._ � _ . . ___._____.w..�..._..W._��.. .m ._..
� .�.._..___._.�_._..�____..________ .�_.______. _�._..�
� Installation of an extensive, intensive,or semi-intensive, modular or
5 � Green roof integrated green roof system that covers a minimum of 50 percent
of the total roof area proposed for the development.
' ___�____ �___�___._____�_____n__. � _____�__�_�__________ _.._...__ ___.� ______.___�_._..__._.__.1
Provide affordable housing units beyond the minimum amount
required in the City's Mixed-Income Housing Policy(and comply
� with all other provisions in the Policy).Three options of affordability
' include:
; ______.___._____..._--___ .....___ .__.____._._.�_______._��_...___�..____�_______.��
• An additional 10 percent of units within development are rented
�,I 5 Affordable housing units or sold at 30 percent of Area Median Income or less. f
j � ___.�.�_____.v� ___..._..___._.__ ____ _________�____�
� • An additional 20 percent of units within development are rented �
i ( or sold at 50 percent of Area Median Income or less. �
� y I
_._.__.___. _._____.. �_._.._ ____________�_____._�_.__.____..__ ._.___:
i � • An additional 30 percent of units within development are rented �
I � I or sold at 80 percent of Area Median Income or less.
1
,______�_�. _ __._��__._______M__._____� ._....__ ._._..____._____.__ ___ . ..._.__. __._.__._.__.__._---___.�._ ____._ ____.
; Contiguous ground level outdoor open space that is provided ;
, ± �beyond the amount of open space required in the underlying zoning
' 4 � Public open space � district requirements.The space shall preserve the natural
s j landscape while providing the opportunity for members of the !
� public to interact with the natural habitat using walkways, benches, �
� 3 or other mechanisms. �
,_ �__�___.. _ _..�. m_. ___�
. ._______._�__.. �__.._.. _. _ �_._ ___.__.____.. _._ _�.__._.�. . . ..._.___ ___.
� Use of a photovoltaic or wind electrical system,solar thermal �
: � I
i system and/or a geothermal heating and cooling system for at least �
j Utilization of a renewable � 50 percent of the annual energy demand in new and existing '
4 �
' energy source buildings The applicant must demonstrate that the quantity of
' ' energy generated by the renewable energy system meets the
r
' required percentage through a whole building energy simulation. i
' i Renewable energy sources shall be in accordance with the !
� ;
_ _aw__�_.. _ . _.__. .. _ :_ _ ___ _.._. _...___,_. __ . ..___._,
r.___._ ..._.,._.____._�.. .... _..._.,.. ___.,...__,_..___.___.. ._�._...._. .____._. _._.�._.._ .. ...�.._,....__ . _.___. _._.._.._�._�,...._�__._.___,...___�.__.�_.....__.._._
� � underlying zoning district and any other applicable requirements of �
� � the City Code.
i �
P.,.__.._._. i „._..,....._ _._...-_...._.�........_..._...w._,,....,...W......_.�..............._. ..._.._....._........._..,..,_..._..._.. ., ............., . _ _.._,. .. _ ...... _._..._..__._._._._ .. _..._.. ..._.............,_ .. ._.__�
The proposed development shall achieve LEED Platinum �
�
Leadership in Energy and certification approved by a LEED accredited professional (LEED-AP) �
Environmental Design j by a date determined in the development agreement. During the ;
4
(LEED)Platinum ; PUD approval process,the developer must submit a LEED checklist
.., � certification and documentation to the City that shows the project will comply
with LEED Platinum requirements.
��__._._..
,
_...______. ___._..� __.____._.___--_.___�_..)
�_.___ .�._.�____ _.__._______�.__
; � The proposed development shall achieve LEED Gold certification
� � �
' approved by a LEED accredited professional (LEED-AP) by a date
I Leadership in Energy and �
determined in the development agreement. During the PUD
; 3 Environmental Design
approval process,the developer must submit a LEED checklist and
, (LEED)Gold certification
documentation to the City that shows the project will comply with
jLEED Gold requirements.
.,! �
__.____� _._._.___,_____. .___.___._ __.._ __._.__ _e__.__._._.____.___
Permanent and viable growing space and/or facilities such as a !
greenhouse or a garden,which provides fencing,watering systems, ;
� soil,secured storage spaces for tools,solar access,and pedestrian
I 3 Community garden �
access as applicable.The facility shall be designed to be
architecturally compatible with the development to minimize the
visibility of inechanical equipment.
r ,.._.._.._. ,__...._,........_. �.. ,......._.. _..� _ ___...._. . _ ._._..........,____...._...
.. ._...._,.__.,,..._.__......._.__._�....._.�_,_.._.,..._._._.....m,..__...._._.__.__
e An active,safe,and secure outdoor recreation area open and visible
3 Public recreation area to the public that includes equipment or natural features suitable
' for recreational use. �
�
3
1 { $
�..�._._.._.._�_._.______._.,... _._._.......__.,__......._.._....___.... �.__._...._....._,...'"__..��. . . �S
p pportunities for the blic to inte act wit� 4N__ _.._____�_ .__....
� Plazas shall be o en to the ublic durin da light hours and provide �
3 � Public laza o p ' h the s pace using �
; � outdoor furniture,art,or other mechanisms. ;
__ � ._._____ . , _
! i
r .. _ ._._____._ .,__._.___�..___� ___...___ ...�..._... . . __.._ ... _ . ____ ._ _._ ._.�._ ._...__...._�
� �The art shall be maintained in good order for the life of the principal C
' j + structure.The art shall be located where it is highly visible to the �
3 Public art
� public. If located indoors,such space shall be clearly visible and �
� easily accessible from adjacent sidewalks or streets.
; i '
' � t �
, __ _ ;___ ___.___ _ _ ._._._ . _ _._.... .____ ___..__ ._ _______. _______ ,__. __.... �
;Creation or preservation of Creation, preservation, rehabilitation,or restoration of designed �
3 ; significant/historic j historic landmarks or significant architectural features as a part of i
�, � architecture � `
the development. '
1 i
i
, -.,.__�_._ ..._..__ _.._. ...___..._.. .._.._.F . ...... . __._._ ...._..._....._.._. ...... ._____._.._.. . ........_w____._._....._._.._ ...._._.._.__ _.._.__. ,_.._...
�.._...._.._,..__.�.....�..,�..w.._.._.._.__..___�_W__.....,.._ro.__.._____,.,...__ �.. ....w___._._... . ..____ __.__...�.___�...._....,_..___._ .._,..,......_._..__.._.....__._,.....�,,._._._._.„_...._...._�__.,...,__.__._......_........,.,
� �Eligible facilities may include a combination of the following:heated �
� � transit shelter, bicycle repair tools, rest area,wayfinding signs,
,; 2 � Enhanced bicycle and � sheltered walkway,woonerf,and other amenities that increase the �
� pedestrian facilities � convenience and encourage the use of public walkways and �
bikeways beyond what is otherwise required in the underlying !
� zoning district. �
r ..�____..__ _,._��____.�__.._._...�__.___.�_._._.�_,..__._.._._.._._—.----.._.._.�_...__..._ ..._.__. .._e..._.._.__..._.�.__��__..e__.__.._,...___.....__..��_.�
�The design must provide capacity for infiltratmg stormwater beyond
2 Innovative stormwater what is required by the City and watershed district and the design
; management must serve as a visual amenity to the property and be reflective of
,
' � innovative techniques.
r _._____..._.__y__.________._________ ___.. _..--__.��________�___ �_,_____ _.__._______..______________.,__ ._._.
�' Water feature usable to A water feature, including, but not limited to,a reflecting pond,a
1 children's play feature,or a fountain shall be located where it is
public
_____ v N . � �� highly visible and useable by the public. �
� � ___._. __._
� Accommodation for shared vehicles or shared bicycles on site.The '
Shared bicycle and vehicle
; 1 shared service provider must be committed in writing to the use of
facilities
the space in order to be eligible. ,
E
�__�____�__,�__..w ._.__..__..m._._�_.--.--____.._ _....__�____._._. _.. .._. __________.�___._.._.�._... _.._____. ..._..._1
� A landscaping plan prepared by a licensed landscape architect that �
; provides exceptional design with a variety of pollinators and native i
1 Enhanced landscaping �
trees,shrubs,and plant types that provide seasonal interest and
' that exceed minimum City standards.
� �
� .___.��..___.. __......______.__ ___.___� _._________.._ ---____ ...__._._.________ _.,..____�________._ .______,_ _.._.___�__..
' Electric car charging 1, An electric vehicle charging station accessible to residents,
1 employees,and/or the public providing connections at the rate of
station
; five percent of the required parking spaces. �
�
) E
(d) Procedures.
(1) Qualifications. Application for a PUD or PUD amendment may be made only by the owner of
the land involved in the PUD application, or by a duly authorized representative, or an option or
contract holder, provided the application is accompanied by fully executed agreements or
documents from the owner stating that such owner has no objections to the proposed
application and is in fact joining in the same.The City may act as an applicant on its own behalf
or on the behalf of an affiliated govemmental body.
(2) Preliminary PUD Conference. Prior to filing a PUD application and prior to conducting a
neighborhood meeting, the applicant shall meet with City staff for a preapplication conference.
The primary purpose of the conference is to allow the applicant and staff to discuss land use
controls, appropriate use of the site, design standards, how the plan will achieve higher quality
and meet the PUD purpose and design requirements, the application process, and the general
merits of the applicanYs proposal.
(3) Neighborhood Meeting. At an appropriate point during development of a preliminary PUD plan
or major PUD amendment application process, the applicant shall hold a neighborhood
meeting. All property owners within 500 feet of the PUD, or a larger area as determined by the
City, shall be given notice of the meeting. The purpose of the meeting is to inform the
neighborhood of the proposal, discuss the concepts and basis for the plan being developed,
and to obtain information and suggestions from the neighborhood.
(4) Preliminary PUD Review.
a. Planning Division. Upon submission of a completed preliminary PUD plan application, the
Planning Division shall:
1. Refer. Refer the application to other City departments for their written evaluations
regarding those aspects of the proposal which affect public safety and the delivery of
City services.
2. Notify. Notify by mail property owners within 500 feet of the PUD, or a larger area to
be determined by the City, of the public information meeting. However, failure of any
property owner to receive notification shall not invalidate the proceedings.
3. Report. Prepare a report and refer it to the Planning Commission for review at the
informal public hearing.
b. Planning Commission.
1. Informal Public Hearing. The Planning Commission shall hold an informal public
hearing and consider the application for consistency with the intent and purpose
provisions in Subsection (a)of this section and other requirements of this section and
principles and standards adhered to in the City. The Planning Commission's report to
the City Council shall include recommended changes, conditions, or modifications.
2. Recommendation. The findings and recommendation of the Planning Commission
shall be forwarded to the City Council and may include recommended conditions and
modifications to the preliminary PUD plan.
c. City Council.
1. Public Hearing. The City Council shall hold a public hearing and take action on the
application. All property owners within 500 feet of the PUD, or a larger area as
determined by the City, shall be given notice of the meeting. The public hearing shall
be called and notice thereof given in the manner required by statute.
2. Action. The findings and action of the City Council may include a request for plan
amendments, approval, denial, or other action deemed appropriate by the City
Council such as referral back to the Planning Commission.
(5) Final PUD Conference. Following approval by the City Council of the preliminary PUD plan,
with or without conditions, and prior to the submission of the final PUD plan for review, the
applicant shall meet with City staff to demonstrate that all conditions or required modifications to
the preliminary PUD plan have been addressed. Failure to hold this meeting prior to submission
of the final PUD plan shall be grounds to deem the application incomplete.
(6) Final PUD Review.
a. Planning Division. Upon submission of a completed final PUD plan application, the
Planning Division shall:
1. Refer. Refer the application to other City departments for their written evaluations
regarding those aspects of the proposal which affect public safety and the delivery of
service.
2. Notify. Notify by mail property owners within 500 feet of the PUD, or a larger area to
be determined by the City, of the public information meeting. However, failure of any
property owner to receive notification shall not invalidate the proceedings.
3. Report. Prepare a report and refer it to the Planning Commission for review at the
informal public hearing.
b. Planning Commission.
1. Informal Public Hearing. The Planning Commission shall hold an informal public
hearing.All property owners within 500 feet of the PUD or a larger area as determined
by the City, shall be given notice of the meeting.
2. Consistency. The Commission shall review the final PUD plan for consistency with the
preliminary PUD plan as approved by the City Council, and the conditions, if any,
imposed by the City Council, the intent and purpose provisions of Subsection (a) of
this section, all other provisions of this section, and principles and standards adhered
to in the City.
3. Recommendation. The findings and recommendation of the Planning Commission
shall be forwarded to the City Council and may include recommended conditions and
modifications to the final PUD plan.
c. City Council.
1. Public Hearing. The City Council shall hold a public hearing. All property owners within
500 feet of the PUD, or a larger area as determined by the City, shall be given notice
of the meeting. The public hearing shall be called and notice thereof given in the
manner required by statute.
2. Action. The findings and action of the City Council may include plan amendments,
approval, denial, or other action based on findings and deemed appropriate by the
City Council such as referral back to the Planning Commission.
d. Approval. Approval of a PUD shall be by ordinance requiring an affirmative vote of a
majority of the City Council.
(e) Application-Preliminary PUD Plan.
(1) Application and Preliminary PUD Plan Requirements. The applicant shall complete and sign
the application and submit a preliminary PUD plan. All application requirements must be
completed and submitted fdr the application to be processed. If it is proposed to develop a
project during a period which will exceed two years, the applicant may request approval of a
preliminary PUD plan for the entire project and permission to submit a final PUD plan only for
the first stage of the project. Separate public hearings and a final PUD plan shall nevertheless
be required respecting such successive stage of the project as the same is reached. Except to
the extent the City Manager or his/her designee requires more or less information, the
application shall include, but not be limited to, the following information:
a. Narrative. A narrative statement explaining how the proposed PUD will meet the purpose
and other provisions of this section.
b. Preliminary site/development plan. A plan of the proposed development illustrating the
nature and type of proposed development shall identify all land uses and proposed square
footages, the locations of buildings, existing and proposed roadways and accesses,
pedestrian ways and sidewalks, proposed parking areas, areas to be preserved, public and
common areas, and the amenities to be provided. Setback measurements from buildings,
roads, parking and high use outdoor activity areas to the nearest lot lines shall be shown
on the site plan.
c. Preliminary preservation plan. A preservation plan showing the areas to be preserved and
spaces to be left open shall be provided. Preference shall be given to protecting sensitive
environmental features including steep slopes, trees, scenic views, waterways, wetlands
and lakes.
d. Preliminary stormwater management plan. Preliminary plans for grading, drainage and
erosion control which meet the City's standards shall be submitted. The plan shall show
hard surface calculations by areas: buildings, private streets, driveways, parking lots,
plazas, walks,trails, and all other impervious surfaces.
e. Preliminary utilities plan. The applicant shall provide a plan showing how the site will be
served by utilities.
f. Preliminary building code analysis.
g. Preliminary plat.All data required for a preliminary plat by the requirements of Chapter 109,
pertaining to subdivisions.
h. Preliminary building elevations, including height and materials.
i. Future requirements. The applicant is advised to consider the additional requirements for a
final PUD plan when preparing the preliminary PUD plan.
j. Other. An applicant may submit any additional information which may explain the proposed
PUD.
(f) Application-Final PUD Plan.
(1) Application and Final PUD Plan Requirements. Unless the applicant has obtained City Council
permission to develop a project over more than two years, the applicant shall submit a complete
final PUD plan within 180 days of preliminary PUD plan approval. Such 180-day period may be
extended for additional 180-day periods by the City Council in the exercise of its sole discretion
subject to such additional conditions as it deems appropriate. The final PUD plan shall be
consistent with the preliminary PUD plan approved by the City Council, as well as the intent and
purpose provisions of Subsection (a) of this section. Except to the extent the City Manager or
his/her designee requires more or less information, the application shall include, but not be
limited to, the following:
a. Narrative. A narrative statement explaining how the proposed PUD will meet the purpose
and other provisions of this section. The narrative must demonstrate that all conditions or
required modifications to the preliminary PUD plan have been addressed.
b. Final site/development plan. A plan of the proposed development illustrating the nature and
type of proposed development shall identify all land uses and proposed square footages,
the locations of buildings, existing and proposed roadways and accesses, pedestrian ways
and sidewalks, proposed parking areas, areas to be preserved, public and common areas,
and the amenities to be provided. Setback measurements from buildings, roads, parking
and high use outdoor activity areas to the nearest lot lines shall be shown on the site plan.
c. Final preservation plan.A preservation plan showing the areas to be preserved and spaces
to be left open shall be provided. The plan shall include new plantings, fixtures, equipment
and methods of preservation. Said plan and information may be included on the landscape
plan.
1. Wetlands and Ponds. Wetlands and ponds shall have a riparian buffer strip composed
of natural vegetation but not an improved and/or fertilized lawn. The applicant shall
comply with regulations set forth by the City, the Bassett Creek Watershed
Management Commission, and the State.
2. Buffers. Provisions for buffering the PUD site from adjacent uses shall be included.
Natural amenities shall be used to the extent possible and supplemented by additional
landscaping, berms or other features as may be appropriate. Buffers shall be based
on the type of uses on and adjacent to the site, views, elevations and activities.
Buffers may be included on the landscape plan.
3. Tree Preservation Plan. A complete tree preservation plan consistent with the PUD
requirements and the preliminary PUD plan as approved by the City.
4. Landscape Plans. Complete landscaping plans showing vegetation to be removed,
vegetation to be retained and proposed vegetation. Plans shall include species,
quantities, planting methods and sizes. Within any specific PUD, the landscaping may
be required to exceed the City's policy on minimum landscape standards.
d. Final stormwater management plan. Complete plans for grading, drainage and erosion
control which meet the City's standards shall be submitted. The plan shall show hard
surface calculations by areas: buildings, private streets, driveways, parking lots, plazas,
walks, trails,and all other impervious surfaces.
e. Final utility plan.
f. Final building code analysis.
g. Final plat. Unless waived by the City, the applicant shall submit a final plat, as required by
Chapter 109, pertaining to subdivisions. The title of the plat must include the following
"P.U.D. No. "(the number to insert will be provided by the City).
h. Other items, if determined to be applicable:
1. Transportation and Parking Plan. A complete plan shall be submitted which includes:
(i) Proposed sidewalks and trails to provide access to the building, parking,
recreation and service areas within the proposed development and connection to
the City's system of walks and trails
(ii) Internal roads, if any
(iii) Driveways
(iv) Parking, including layout dimensions of spaces and aisles, total parking by use,
and a notation about striping/painting the spaces
(v) Off-street loading for business uses
(vi) A plan for snow storage and removal
(vii) A plan for maintenance of the facilities
(viii) A calculation of traffic projections by use with assignments to the roads, drives
and accesses serving the PUD, including existing traffic volumes for adjacent
streets using the most recent counts and/or based on the uses and trip
generation estimates; and
(ix) A description of the alternatives and locations considered for access to the site
and the rationale used in selecting the proposed location, width and design of
streets, driveways and accesses.
2. Architectural Plans. The applicant shall submit architectural plans showing the floor
plan and elevations of all sides of the proposed buildings including exterior wall
finishes proposed for all principal and accessory buildings. Cross sections may be
required.
3. Lighting Plan. Subject to the outdoor lighting requirements in this chapter.
4. Solid Waste Management and Recycling Plan. The applicant shall provide a refuse
disposal plan including provisions for storage and removal on a regular basis.
5. Dwelling Information. The applicant shall submit complete data as to dwelling unit
number,density net and gross, sizes,types, etc.
6. Life-Cycle and Affordable Housing. If the PUD includes "life-cycle" or affordable
housing, the applicant shall provide a narrative describing the housing, and the
guarantees such as covenants to be used to secure such housing and maintain long-
term affordability.
7. Population. The applicant shall submit a population component which shall contain a
descriptive statement of the estimated population and population characteristics.
8. Employees. If office, commercial, business, service firms or institutional uses are
included in the PUD, the estimated number of employees shall be included.
9. Schedule. The applicant shall submit a schedule and proposed staging, if any, of the
development.
(g) PUD Permit and Development Agreement. Following City Council approval of a final PUD plan, City
staff shall prepare both a PUD permit and a development agreement which reference all the
approved plans and specify permitted uses, allowable densities, development phasing, required
improvements, neighborhood communication plan if applicable, completion dates for improvements,
letters of credit and other sureties, and additional requirements for each PUD, in accordance with the
conditions established in the City Council approval of the final PUD plan and PUD ordinance. The
PUD permit and development agreement shall be signed by the applicant or property owner within
30 days of the City Council's approval of the permit and agreement.
(h) Building Permit. Following approval of a final PUD plan and execution of the PUD permit and
development agreement, the City may grant building permits for proposed structures within the
approved PUD area provided the requested permit conforms to the final PUD plan, all provisions of
the PUD ordinance, the PUD permit, the development agreement and all other applicable City
ordinances.
(i) Multiple Parcels. A PUD may be regulated by a single agreement which may include attachments.
One or more of the attachments may cover an individual lot. An applicant amending an approved
PUD must show that the proposed change does not adversely affect any other property owner, if
any, in the PUD, the terms of the final PUD plan, PUD permit, development agreement, and the
. intent and purpose provisions of Subsection (a)of this section and other provisions of this section. A
proposed amendment which does not meet this requirement may be rejected by the City without
review as would otherwise be required by this section.
(j) Amendments. An application to amend an approved final PUD shall be reviewed by the City
Manager or his/her designee to determine whether the amendment qualifies as a major amendment,
- minor amendment, or an administrative amendment.
(1) Administrative Amendments. An administrative amendment is reviewed and approved by City
staff in writing. To qualify for this review, the proposed amendment:
a. Shall not qualify as a minor amendment or a major amendment
b. Shall not have a significant impact to surrounding land uses
c. Shall be consistent with the vision and guidance set forth in the Comprehensive Plan and
the PUD as it was originally approved
d. Shall be administrative in nature; and
e. May only include changes to the PUD that:
1. Change a utility plan
2. Change a landscaping plan
3. Change an interior building plan
4. Change an outdoor lighting plan
5. Change a grading/erosion control plan
6. Change an architectural elevation; and/or
7. Make other changes determined by the City Manager or his/her designee to be only
administrative in nature.
(2) Minor Amendments. A minor amendment shall be approved by a simple majority vote of the
City Council with or without referral to the Planning Commission. To qualify for this review, the
proposed amendment:
a. Shall not qualify as an administrative amendment or a major amendment
b. Shall be consistent with the vision and guidance set forth in the Comprehensive Plan and
the PUD as it was originally approved; and
c. May only include changes to a PUD that:
1. Change land use to a use that is permitted in the underlying zoning district
2. Increase the number of residential dwelling units by less than 10 percent
3. Demolish or add an accessory structure
4. Change a front yard, side yard, or rear yard setback that meets the minimum
requirements set forth in the underlying zoning district
5. Change the number of parking spaces that meets or exceeds the minimum off-street
parking requirements set forth in this chapter
6. Change parking lot configuration or design with no change in number of parking
spaces
7. Increase impervious surfaces up to the maximum amount allowable in the underlying
zoning district
8. Change building coverage up to the maximum amount allowable in the underlying
zoning district
9. Increase gross floor area in any individual building by less than 10 percent
10. Significantly change architectural elevation plans in a way that alters the originally
intended function of the plans
11. Significantly change landscape plans in a way that alters the originally intended
function of the plans; and/or
12. Make other changes that do not cause the amendment to be considered a major
amendment, as determined by the City Manager or his/her designee.
(3) Major Amendments. A major amendment shall be reviewed by Planning Commission and
approved by a simple majority vote of the City Council. To qualify for this review, the proposed
amendment shall not qualify as an administrative amendment or a minor amendment, and may
include changes to a PUD that:
a. Eliminate, diminish or are disruptive to the preservation and protection of sensitive site
features
b. Eliminate, diminish or compromise the original intent and/or the high quality of site
planning, architectural design, landscape design, landscape materials, or building materials
c. Alter the location of buildings or roads
d. Increase the number of residential dwelling units by 10 percent or more
e. Introduce new uses
f. Demolish or add a principal structure
g. Change a front yard, side yard, or rear yard setback that does not meet minimum
requirements set forth in the underlying zoning district
h. Change the number of parking spaces causing the PUD to not meet the minimum off-street
parking requirements set forth in this chapter
i. Increase impervious surFaces above the maximum amount allowable in the underlying
zoning district
j. Change building coverage above the maximum amount allowable in the underlying zoning
district
k. Increase the gross floor area of any individual building by 10 percent or more
I. Increase the number of stories of any building
m. Decrease the amount of open space by more than three percent or alter it in such a way
as to change its original design or intended function or use
n. Create noncompliance with any special condition attached to the approval of the final PUD
plan; and/or
o. Make other changes that do not cause the amendment to be considered an administrative
amendment or a minor amendment, as determined by the City Manager or his/her
designee.
(k) Cancellation. A PUD shall only be cancelled and revoked upon the City Council's adoption of an
ordinance rescinding the ordinance approving the PUD.
(I) Administration.
(1) Deposit. The City may require the applicant to make funds available to cover fees for
professional services generated by the establishment or modification of the PUD.
(2) Records. The Physical Development Department shall maintain a record of all PUDs approved
by the City Council including information on the use, location, conditions imposed, time limits,
review dates, and such other information as may be appropriate. Each approved PUD shall be
clearly noted on the zoning map.
(3) Certification of Plans. The City may require that PUD plans be certified at the time of submittal
and/or upon completion of construction.
(4) Time Limits. No application which was denied shall be re-submitted for a period of six months
from the date of denial.
(5) Letter of Credit. To ensure conformance to the final PUD plan, PUD permit, and development
agreement, the City may require the applicant to post a letter of credit in a form approved by the
City, guaranteeing the faithful performance of certain work or matters covered in the agreement
and in a sum equal to 150 percent of the total cost of all such items as determined by the
Physical Development Department. The letter of credit or other surety may be reduced when
specific parts or items are completed and upon recommendation of the Physical Development
Department.
(6) Effect on Conveyed Property. In the event any real property in the approved PUD agreement is
conveyed in total, or in part,the buyers thereof shall be bound by the provisions of the approved
final PUD plan; provided, however, that nothing herein shall be construed to create
nonconforming lots, building sites, buildings or uses by virtue of any such conveyance of a lot,
building site, building or part of the development created pursuant to and in conformance with
the approved PUD.
(Code 1988, § 11.55; Ord.No. 584, 2nd Series, 11-26-2015; Ord.No. 631, 2nd Series, §§ 6, 7, 3-
6-2018)
Sec. 113-124. -I-394 Overlay Zoning District.
(a) Purpose. The I-394 Overlay Zoning District is intended to impose on all dense developments, which
will contain more than 0.6 square feet of gross floor area per square foot of land area within a lot or
parcel in the I-394 Corridor, with the condition that once the traffic generated at the Xenia/Park Place
Interchange, the Louisiana Avenue Interchange, and the General Mills Boulevard/Boone Avenue
Interchange exceeds certain levels of service, or the established reserve capacity, whichever is first,
the developments will be required to prepare and effectuate traffic management plans which will
serve to reduce the traffic congestion, air and noise pollution, and other environmental problems.
This Overlay Zoning District does not prohibit development, but, rather, permits development
assuming appropriate traffic management plans are in place and effect.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Area Covered: The area covered by the I-394 Overlay Zoning District is that portion of Zones A, B,
and C lying within the boundaries of Golden Valley. The overlay district is intended to supplement or
overlay the existing zoning of lots or parcels in the area covered, not to contradict or replace the
existing zoning and contemplates substantially completed and operational interchanges at I-
394/Xenia-Vernon, I-394/Louisiana Avenue and I-394/General Mills Boulevard-Boone Avenue in the
communities of St. Louis Park and Golden Valley. The City may restrict development below the
projected reserve capacity or the traffic level of service, if, in the exercise of its judgment, it deems it
appropriate to do so.
General Mills Boulevard/Boone Avenue Interchange: The area in which General Mills
Boulevard/Boone Avenue crosses I-394 and the eastbound and westbound exit ramps intersect with
them and the Boone Avenue intersection with the frontage roads on the south side of I-394.
Gross Floor Area:The sum of the gross horizontal areas of the floor of such building measured from
the exterior faces and exterior ells or from the centerline of party walls separating two buildings.
Basements devoted to storage and space devoted to off-street parking shall not be included.
Level of Service A: Traffic moves freely. All waiting vehicles clear on every green interval. Low
percentage of stops on major movements(average delay per vehicle-five seconds).
Level of Service 8: Traffic moves fairly freely. All waiting vehicles will still probably clear on each
green interval. Vehicles on the major movements can expect a less than 50 percent probability of
stopping(average delay per vehicle- 15 seconds).
Level of Service C: Traffic moves smoothly. Some minor movements may not completely clear on
every green interval. Vehicles on the major movements can expect a greater than 50 percent
probability of stopping(average delay per vehicle-25 seconds).
Level of Service D: An acceptable intersection operation for peak period flow. Many intersection
movements may not clear on every green interval. Some vehicles on the major movements may still
go through the intersection without having to stop(average delay per vehicle -40 seconds).
Level of Service E.• Unstable traffic flows. All intersection movements experience failure to clear on
their green intervals. No vehicles are able to go through the intersection without stopping (average
delay per vehicle-60 seconds).
Level of Service F: Saturation condition. All vehicles must stop and all vehicles will probably require
more than one green interval to travel through the intersection (average delay per vehicle - 60
seconds).
Louisiana Avenue Interchange: The area in which Louisiana Avenue crosses I-394 and the
westbound and eastbound exit and entrance ramps intersect with it and the Louisiana Avenue
intersections with the frontage roads on the north and south sides of I-394.
PM Peak Hour:The period of time befinreen 4:00 p.m. and 6:00 p.m. on business days of the week.
Reserve Capacity: The amount of additional gross floor office area that may be constructed before
an intersection reaches a maximum acceptable traffic level of service. The total reserve capacity for
the Xenia/Vernon interchange is 2,230,000 square feet of o�ce development which has been
allocated 60 percent or 1,338,000 square feet to St. Louis Park and 40 percent or 892,000 square
feet to Golden Valley. The total reserve capacity for the Louisiana Avenue interchange is 1,575,000
square feet of office development which has been allocated 10 percent or 157,500 square feet to St.
Louis Park and 90 percent or 1,417,000 square feet to Golden Valley. The total reserve capacity for
the General Mills Boulevard/Boone Avenue interchange is 885,000 square feet of office development
which has been allocated 100 percent to Golden Valley.
XeniaNernon Interchange: The area in which Xenia and Vemon Avenues cross I-394 and the
eastbound and westbound exit and entrance ramps intersect with them and the Xenia/Vernon
intersections with the frontage roads on both the north and south sides of I-394.
Zone A: Is that part of the land lying in Golden Valley/St. Louis Park within the following described
area:
Following the south line of Circle Downs easterly from the intersection of Turners Crossroad
and Circle Downs to State Highway 100; continue south along the westerly line of State
Highway 100 to the northerly line of Parkdale Drive and continuing in a westerly direction across
Vernon Avenue to the intersection of Cedar Lake Road; continue in a northwesterly direction on
the north line of Cedar Lake Road to the intersection of Zarthan Avenue; continue along the
east line of Zarthan Avenue North to the intersection of 16th Street West; continue west along
the north line of 16th Street West to the east line of the Minneapolis, Northfield & Southern
Railway right-of-way(except that portion which contains Interstate 394); continue northeasterly
along the east line of the Minneapolis, Northfield & Southem Railway right-of-way to the east
line of Laurel Avenue; continue east along the southerly line of Laurel Avenue to the intersection
of Turners Crossroad and continue south on the westerly line of Turners Crossroad to the
intersection of Circle Downs, the point of beginning.
Zone B: Is that part of the land lying in Golden Valley/St. Louis Park within the following described
area:
Following the south line of Laurel Avenue east from the intersection of Winnetka Avenue and
Laurel Avenue; continue on the southerly line of Laurel Avenue east to the westerly line of the
Minneapolis, Northfield and Southern Railway right-of-way; continue in a southwesterly direction
along the westerly line of the railway right-of-way (except that portion which crosses Interstate
394) to the intersection of 16th Street West; continue on the northerly line of 16th Street West
westerly in a straight line to the east line of Hampshire Avenue; continue on the west line of
Hampshire Avenue north to the intersection with 14th Street West;continue on the northerly line
of 14th Street West to the intersection with Pennsylvania Avenue; continue on the easterly line
of Pennsylvania Avenue north to the intersection with 13'/2 Street West; continue on the
northerly line of 13% Street West to the intersection of Rhode Island Avenue; continue on the
easterly line of Rhode Island Avenue north to the intersection of 13th Avenue; continue on the
north line of 13th Avenue west to the intersection with Texas Avenue; continue on the easterly
line of Texas Avenue north to its intersection with Interstate 394; continue on the northerly line
of Interstate 394 west to the intersection of Winnetka Avenue South; continue on the easterly
line of Winnetka Avenue South north to the intersection of Laurel Avenue, the point of
beginning.
Zone C: Is that part of the land lying in Golden Valley/St. Louis Park within the following described
area:
Following the south line of Betty Crocker Drive east from the intersection of U.S. Highway 169
and Betty Crocker Drive to the intersection with General Mills Boulevard; continue on the west
line of General Mills Boulevard south to the northerly line of Section 6, Township 117, Range
21; continue east on the northerly line of Section 6, Township 117, Range 21 to the intersection
with Winnetka Avenue South; continue on the centerline of Winnetka Avenue South south
(except that portion which crosses Interstate 394)extended to the boundary line of the Cities of
Golden Valley and St. Louis Park; continue on said boundary line west to the east line of U.S.
Highway 169 continue on the east line of U.S. Highway 169 north (except that portion which
crosses Interstate 394)to the intersection with Betty Crocker Drive, the point of beginning.
(c) lmposition of Conditions.
(1) All developments in the area covered by this overlay district which will contain more than 0.6
square feet of gross floor area per each square foot of land area within a lot or parcel shall
obtain a conditional use permit or planned unit development permit in conformance with the
terms of this section.
(2) In addition to the other land use requirements of the City Code, the conditional use permit or
planned unit development permit shall include and be subject to the following conditions:
a. For all parcels located within Zone A, each time the traffic generated for one hour during
the p.m. peak hour three days out of five consecutive business days exceeds Level of
Service E at more than half of the intersections within the XeniaNernon interchange
(effective after the interchange is substantially completed and operational), or once the
reserve capacity allocated to the City for this interchange has been used, whichever is first,
the owner shall implement an original or revised traffic management plan. The traffic
management plan initially shall be prepared when the traffic generated for one hour during
the p.m. peak hour three days out of five consecutive business days reaches Level of
Service E at more than half of the intersections of the XeniaNernon interchange (effective
after the interchange is substantially completed and operational). It shall be designed to
reduce the traffic generated by or from the parcel by a percentage which, in conjunction
with the other parcels in the zone, will accommodate Level of Service E at the p.m. peak
hour(or keep it within the City's allocable portion of the reserve capacity, if that applies),
given the p.m. peak hour trips assumed to be generated by the parcel based on the table
in Subsection (c)(4) of this section. The owner shall submit the traffic management plan to
the Joint Task Force which shall review and approve all traffic management plans before
they may be implemented.
b. For all parcels located within Zone B. each time the traffic generated for one hour during
the p.m. peak hour three days out of five consecutive business days exceeds Level of
Service D at more than half of the intersections within the Louisiana Avenue interchange
(effective after the interchange is substantially completed and operational), or once the
reserve capacity allocated to the City for this interchange has been used, whichever is first,
the owner shall implement an original or revised traffic management plan. The traffic
management plan initially shall be prepared when the traffic generated for one hour during
the p.m. peak hour three days out of five consecutive business days reaches Level of
Service D at more than half of the intersections of the Louisiana Avenue interchange
(effective after the interchange is substantially completed and operational). It shall be
designed to reduce the traffic generated by or from the parcel by a percentage which, in
conjunction with the other parcels in the zone, will accommodate Level of Service D at the
p.m. peak hour(or keep it within the City's allocable portion of the reserve capacity, if that
applies) given the p.m. peak hour trips assumed to be generated by the parcel based on
the table in Subsection (c)(4) of this section. The owner shall submit the traffic
management plan to the Joint Task Force which shall review and approve all traffic
management plans before they may be implemented.
c. For all parcels located within Zone C, each time the traffic generated for one hour during
the p.m. peak hour three days out of five consecutive business days exceeds Level of
Service E at more than half of the intersections within the General Mills Boulevard/Boone
Avenue interchange (effective after the interchange is substantially completed and
operational), or once the reserve capacity allocated to the City for this interchange has
been used, whichever is first, the owner shall implement an original or revised traffic
management plan. The traffic management plan initially shall be prepared when the traffic
generated for one hour during the p.m. peak hour three days out of five consecutive
business days reaches Level of Service E at more than half of the intersections of the
General Mills/Boone Avenue interchange (effective after the interchange is substantially
completed and operational). It shall be designed to reduce the traffic generated by or from
the parcel by a percentage which, in conjunction with the other parcels in the zone, will
accommodate Level of Service E at the p.m. peak hour (or keep it within the City's
allocable portion of the reserve capacity, if that applies) given the p.m. peak hour trips
assumed to be generated by the parcel based on the table in Subsection (c)(4) of this
section. The owner shall submit the traffic management plan to the Joint Task Force which
shall review and approve all traffic management plans before they may be implemented.
d. Each development containing more than 0.6 square feet of gross floor area per each
square foot of land area within a lot or parcel within one of the three zones shall monitor
the traffic generated by it, the locations and times to be determined by the Joint Task
Force, and it shall supply such traffic volume figures to the Joint Task Force. Each planning
department will publish those figures yearly. The Joint Task Force shall determine the
acceptable methods of ineasuring traffic volumes, the acceptability of persons or firms
undertaking it and all other reasonable requirements in connection therewith.
(3) Each developer or owner of a parcel who leases part of the parcel, or part of a building
thereon,to one or more tenants shall include the following in each lease:
The Cities of Golden Valley and St. Louis Park have established an I-394 Traffic Zoning
Ordinance. It will require traffic management plans for traffic generated by this and certain
adjacent developments when certain conditions occur. Under such conditions it will restrict
traffic generated by these developments. The plan is intended to promote improved traffic
circulation and reduce pollution and congestion, particularly during peak times, for all users of
City streets. The traffic management plans prepared by the owners may require the use of
rideshare incentive programs, public transit incentives, bicycle and pedestrian incentive
measures, variable work hours or flex-time programs under which employees are required to
stagger their work hours, measures to reduce reliance on single-occupant vehicles, shared
parking and the like. A copy of the complete ordinance may be obtained by calling the City
offices of Golden Valley or St. Louis Park.
(4) Trip generation rates table.
I-394 CORRIDOR TRAFFIC STUDY
TRIP GENERATION RATES SOURCE/COMPARISON
, ___.__ ___. _ _ _ __ __.___ _ ___--- -__ _ ._ _ ___...__._ _ _,__________ _ . _.__..__ _.
PM Peak Hour Trip Generation Rates
r_... . _.____.._�_ ____r ._�.___ ._ __ _w_.__
,_ --_ . �.________ _ . .v_..�. _ �
; � , ___...�._.�._ v.�.._,_ ____. _ _,__. _
__
� ; I T E (1982J BRW/MC �SRF/MNTKA� SRF/G V.-S.L P � I.T.E (1987) �
( ,
� _._._... __..._.. . . � .... __ �_ ..�._ '. _. . ___.. , --. .. ___ , _._ '. . _.____�.. . �. .. .___..,._. . __�
� ; �
Land Use Type � Unit � In ( Out In � Out � In � Out � In � Out ; In ( Out �
r__Re� _.__�.._.__ , __,m__ _._ __ . hu i � I
_ I , , __ _____�
_mm� M�_ _ _._ _ �--__ ._
s. Single Fam. � D.U. 0.63 � 0.37 � - � - y 0.63 � 0.37 � 0.63 � 0.37 ! 0.63 0.37 �
t � � �
� r ; � k
�� �._. . __ �. _.,u ��.._ .,�_ � , � __ �,____._... � , . _.
_ ._ _ _ _ _ �....
_...._..
i �...�.._ . �� � ��.�_ ;
Res. Mid-Density � D.U. i 0.32 0.19 �0.63 �0.38 � 0.50 ; 0.30 , 0.50 � 0.30 0 41 � 0.21 ;
a � > ' �
� i � � � � i l
r...._.m...._......Y.....�_..__._.__......_,_.__...__ ______._._.„. .._6__.... ...._.._.._...._ _.,_....___..__.._.__._... ...__._._.-_.. _....__�...___.. _..,_...___..._.�.e,_.. ..._.__..,__,__ .....�._ .
Res. High-Density � D.U. �0.44 � 0.26 0.66 0.38 0.38 j 0.22 0.38 0.22 � 0.32 0.17 �
� � � � # � �
, __.____ ____. __ _ _ .__.______..___�_.
� � � � ,
,. __� __._...__ � __.. ..._r.._.._... �_ _...__.�_._..__. ___.,_ __.... _. .__._.._.T_.__.. _,.�_ !
Office<200 K.S.F. ! 1,000 SF 0.44 � 1.76 0.37 '1.49 0.44 � 1.76 0.44 1.76 �0.31* 1.66*
� i f � � � � � �
r._..' _..______..__ .______ .___._.__.._ _.__�._ ___ _.. _ .._______�_._...__ _... .._.____.
...�.__�_ _ __..� �._.,.f._..__...__.._.�...__._. ...,.....
' Office>200 K.S.F. �1,000 SF �0.44��1.76�.37 1.49 � 0.24 1.76 0.24 1.76 � 0.24 1.26*
� , � � '
__�__ � � �
---_ -_. ____ _..._---_____._. �____.._ --_____ _..__._..____�.._. ___._..__�
r Retail<200 K.S.F. 1,000 SF�2.85 T 3.05 2.98 3.18 2.96 � 3.15 2.96 3.15 !4.17* 4.52*
� � � I �
� � �
�_._..----__._.�.. � � I ,
r,_ .___-- - _ ..___ �.__.____. _.�. �._.___._ .�__. �____.
Retail>200 K.S.F. 1,000 SF 2.11 2.69 2.61 j 3.32 1.62 1 2.06 1.62 2.06 1.69* 1.84* �
� �� �____ ___._
� � � � �
_________ �T �
� ___ _____� ___ _ ___ ___ �
__ _____ ______ _____._ _ __.__ __ _____
Industrial 1,000 SF 0.35� 0.70�- ��- � 0.32 � 0.63 0.32 0.63 0.20 0.77 �
__ __-- ----- � � � �
_ _______ �
�- .___�_ _ __� _--- -.____ �____-_- __�. ___.___. _._�.__.,
Restaurant 1,000 SF 3.79 2.35 1.16 0.71 2.74. 1.69 � 2.74 1.69�5 00 2.25 �
� � � � � 1m__._ �
_____________ , � T �
__ _ _ ____ __ __ _ ____�_ ____ ______ _____ _____j
r Hotel/motel � Room 0.36� 0.37 0.51 j0.52 0.51 � 0.52 0.32 0.33 0.37 1 0.24
� � � � �
��._____-__-____ ___ _ _._ � � �
,_____ _ .___ __.__ _u_. __ _._..__. _____._ ______. �,Mu____Y__.. _._.�._.._..s..______ ___._w...._�
�, Entertainment club 1,000 SF �OJ3 � 0.77 - � - OJ3 � 0.77 0.73 0.77 � 0.74 OJ8 �
� ~� 's �
x�.._,_._._.�_________.__,. � � � i �
� _�_�.._ _.w__.�. _.._ �, _._.....w
_. .,,...._ _..�v_____.
___._�.__
__ .,-.�_
__.
___..
Golf course Acre 0.08 0.31 - � - - � - 0.24 0.45 0.03 0.35 �
r__...._...__ __n______,�. �___�. _ ___.�_ ( �__._ � � __._�___�_. --_____ �..__._�. _.. .._ . � .._____. _.,_.___._1
' Nursing home TM� Bed �0.05� 0.16 - - 0.05 0.16 0.32 � 033 � 0.05 � 0.16
''__ __ ��v�� � � � �
� ., .._...._._..._...____.. __.._...---.. __._...�._.� ._____� _..,..,_�.._
_._.._... ...__..___. ._ .._._._ _..._--._______� _.�__ � _�..___ ..__.�
, Service commercial �1,000 SF � - � - � - - i 2.35 T2.12 � - � - �
� - -
i � � �
� __._ _ _�__�___.� ______ �_ _y
_ _'._..__.M_.._„� .... ._.._... . ___..___ ._.,. __M._._�.__.�__ _ T . 7. _.r._,_______
Retail>1,000 K.S.F. ' 1,000 SF �1.40� 1.90 �1.04 1.10 1.12 � 1.18 - - { 1 39 f 1.51 �
� __.___ � ��__ � I
_._,.....__. ---. _.. � f � � � �
_..�.__.�_ .�.________.____.._ ._.._ __ ._._.__.__ _._.v ,___... . ...___._ ...___.�.�...__.__._�N_..__...Y.w_. __..__�.._._.�
Mid rate in new(1987) I.T.E. range between 10-200 K.G.S.F. and 300-1,000 K.G.S.F.
(d) Owner Requirement. Each development on a parcel which is required to have a traffic management
plan by the terms of this section shall manage the traffic it generates in such a way as to
substantially meet the terms of the traffic management plan for that parcel.
(e) Tra�c Management Plan. In addition to being approved by the Joint Task Force, the initial traffic
management plan shall be reviewed by the other City planning agencies and approved by the City
Council as part of the regular conditional or planned use approval process. It shall utilize the
appropriate techniques available to reduce the p.m. peak hour traffic generated by the parcel,
including, but not limited to:
(1) Ride sharing incentive programs which may include activities to encourage and assist the
formation of car, van, and bus pools, such as cash payments or subsidies and preferential
parking charges and parking space location, and other analogous incentive programs.
(2) Public transit incentive programs which may include the provision of para-transit services to
and from convenient public transit sites and to accommodate mid-day and evening excursions,
the constructing of transit shelters and amenities, the construction of bus/rail transit stations and
related facilities, the dedication of land and the provision of other subsidies for the construction
and operation of public transit facilities, the provision of transit fare media subsidies and
marketing programs, and the provision of other analogous incentive programs.
(3) Recommended improvements in public transit which services the site of the proposed use,
such as changes in service routes, increases in the frequency of service, alternations in the
location of facilities, the establishment of fare incentive programs and other measures designed
to make public transit more accessible to occupants of the proposed use.
(4) Bicycle and pedestrian incentive measures which may include the provision of bicycle parking
and storage facilities, the construction and extension of bicycle paths and pedestrian walkways,
the provision of shower and locker facilities and similar incentive features.
(5) In the case of office and industrial uses, variable work hours, or flex time, programs under
which employees working at the proposed use will stagger their work hours in order to effect a
reduction in the amount of peak period traffic to and/or from the use which would otherwise
occur.
(6) Measures to reduce the reliance on single-occupancy vehicles by employees and others who
will travel to and from the proposed use which may include parking fee structures tailored to
discourage single-occupancy vehicles, proscription of tenant-employer subsidy of parking costs
for single-occupancy vehicles, time and other access restrictions to parking spaces in on-site
parking facilities, and programs to support and encourage the utilization of alternative
transportation modes.
(7) Use and accessory use design options which reduce reliance on single-occupancy vehicles by
employees and others who will travel to and from the proposed use, such as the provision of
less parking area than that required under the provisions this chapter, shared parking
arrangements, the incorporation of residential units (in the case of proposed commercial uses)
and other analogous design features.
(8) Any other technique or combination of techniques capable of reducing the traffic and related
impacts of the proposed use.
(f) Nonconforming Traffic Generation Uses. Nonconforming traffic generation uses means all uses
within the area covered by this section which existed or had approved land use and building permits
in place before the effective date of the ordinance from which this section is derived. If a
nonconforming traffic generation use exceeds more than 0.6 square feet of gross floor area per each
square foot of land area within a lot or parcel, it may not be altered or modified unless it conforms to
the terms of this section.
(g) Joint Task Force. The Joint Task Force shall consist of eight members: two elected officials from
each city, each city manager and a staff member appointed by the city manager from each city. The
Joint Task Force's function shall be to periodically monitor the traffic generation and air pollution in
Zones A, B, and C and to review traffic management plans so as to ensure their compliance with the
intent and purpose of this section. It also shall adopt and promulgate rules of procedure. If the Joint
Task Force deadlocks, the issue or matter shall be submitted first to mediation under the Rules of
the American Arbitration Association. Thereafter, upon agreement of the parties, the issue or matter
may be submitted under the Rules of the American Arbitration Association to binding arbitration by a
single arbitrator chosen by the parties, or if they cannot agree, by the County District Court. The
arbitration shall proceed under the Rules of the American Arbitration Association.
(h) Traffic Management Fees and Assessments. Under the authority in Minn. Stats. §462.353, subd. 4,
each owner of a parcel or development subject to the terms of this section shall pay a traffic
management administrative fee of$0.10 per square foot of gross floor area. Fifty percent of the fee
shall be paid at the time such owner applies for a conditional use permit or planned unit development
permit for such development and 50 percent of the fee shall be paid at the time such owner applies
for a building permit therefor. The fees shall be collected by the City and deposited as a separate
fund under the authority of the Joint Task Force. The fund will be used by the Joint Task Force only
for its costs incurred in reviewing, investigating and administering traffic management plans under
this section. Should the costs of administering and enforcing this section require it, the City reserves
the right to periodically assess such costs to the parcels within the area covered. The City also
reserves the right to periodically assess the parcels within the respective areas for the costs involved
in implementing capital improvements designed to reduce traffic congestion, facilitate transit use,
and implement traffic management plans in the vicinity of Xenia/Park Place Boulevard and I-394,
Louisiana Avenue and I-394, and Boone Avenue and I-394.
(Code 1988, § 11.56; Ord.No. 13, 2nd Series, 3-22-1989; Ord.No. 174, 2nd Series, 11-27-1997)
Sec. 113-125.-Floodplain Management Overlay Zoning District.
(a) Purpose.
(1) It is found and determined by the City Council that the lands within the floodplains of Bassett
Creek and its tributaries are an invaluable land resource; that lands within the floodplain are or
may be subject to loss or imprudent alteration through uncoordinated and unplanned
development; that the proper management of development of such lands is essential to avoid
rapid runoff of surface waters, to preserve adequate groundwater infiltration, to protect surface
" waters, to prevent pollution of the City's water bodies, to minimize periodic flooding resulting in
loss of life and property, to prevent interruption of governmental services and extraordinary
public expenditures, and to control runoff and impairment of the tax base, all of which adversely
affect the public health, safety and welfare; and that development within the floodplain must be
regulated on the basis of and with proper consideration of the impact on Bassett Creek and
other water bodies in the City.
(2) It is the purpose of this section to guide and regulate the orderly development of land within the
floodplain by establishing a system of management of the floodplain. It is further the intent of
this section to promote a uniform Floodplain Management Program, consistent with the needs
of individual cities having lands within the floodplain, to maximize the coordinated efforts of all
members of the Bassett Creek Watershed Management Commission (BCWMC) in floodplain
management, and to secure for the benefit of the citizens of the City the benefits of the National
Flood Insurance Act of 1968 as amended.
(3) This section is enacted pursuant to Minn. Stats. ch. 103F, and is in conformance with the
Management Plan for the BCWMC.
(4) In addition to the foregoing, the ordinance from which this section is derived is adopted to
comply with the rules and regulations of the National Flood Insurance Program, codified as 44
CFR 59-78, as amended, so as to maintain the City's eligibility in the National Flood Insurance
Program.
(5) This section is also intended to preserve the natural characteristics and functions of
watercourses and floodplains in order to moderate flood and stormwater impacts, improve water
quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational
opportunities, provide aesthetic benefits and enhance community and economic development.
(b) District Established.
(1) This section applies to all lands within the jurisdiction of the City shown on the Official Zoning
Map and/or the attachments to the map as being located within the boundaries of the floodplain,
and such area shall be referred to as the "floodplain management district." The floodplain
management district is an overlay district that is superimposed on all existing zoning districts.
The standards imposed in the overlay district are in addition to any other requirements in this
chapter. In case of a conflict between this section and any other section of the City Code, the
more restrictive standards will apply.
(2) The floodplain management district includes those areas within Zone AE or Zone A as shown
on the flood insurance rate map adopted in this section.
(3) Base flood elevations for regional flood events are determined by referencing the flood
insurance study, referred to below, and hydraulic models developed and maintained by the
BCWMC. This method of identifying flood hazard areas is consistent with the standards
established by the State Department of Natural Resources.
(4) Where a conflict exists between the floodplain limits illustrated on the Official Zoning Map and
actual field conditions, the flood elevations shall be the determining factor. The Administrator
shall interpret the boundary location based on the ground elevations that existed on the site on
the date of the first National Flood Insurance Program map showing the area within the
regulatory floodplain, and other available technical data.
(5) The official flood zone profile and map are hereby adopted by reference and made a part of
this section. The profile and map are on file in the City's Physical Development Department, and
are open to inspection by the public during normal business hours of the City.
(6) The official boundaries of the floodplain zone shall be determined on the basis of the criteria
set forth above. Copies of the flood insurance rate maps, adopted in this section, indicating the
location of the floodplain zones, shall be on file in the City offices for informational purposes.
The following maps together with all attached material are hereby adopted by reference and
declared to be a part of the Official Zoning Map and this section. The attached material includes
the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated
November 4, 2016, and the Flood Insurance Rate Map panels enumerated below, dated
November 4, 2016, all prepared by the Federal Emergency Management Agency. These
materials are on file in the City's Physical Development Department.
Effective Flood Insurance Rate Map panels:
27053C0194F
27053CO213F
27053CO214F
27053C0332F
27053C0351F
27053C0352F
27053C0354F
(c) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
100-Year Floodplain:Lands inundated by a regional flood.
Administrator. The City Manager or his/her designee, who in consultation with the City Engineer, the
technical advisors of the BCWMC, and other staff or outside technical experts as necessary, shall be
responsible for discharging the administrative duties entailed by this section.
BCWMC:The Bassett Creek Watershed Management Commission.
Base Flood:The flood having a one percent chance of being equaled or exceeded in any given year.
This is the regulatory standard also referred to as the"100-year flood."The base flood is the national
standard used by the National Flood Insurance Program (NFIP) and all Federal agencies for the
purposes of requiring the purchase of flood insurance and regulating new development. Base flood
elevations(BFEs)are typically shown on flood insurance rate maps(FIRMs).
Base Flood Elevation:The elevation of the regional flood. The term "base flood elevation" is used in
the flood insurance survey.
Basement: Any area of a structure, including crawl spaces having a floor or base subgrade (below
ground level)on all four sides, regardless of the depth of excavation below ground level.
DNR Commissioner. The Commissioner of the State Department of Natural Resources.
Development: Any manmade change to improved or unimproved real estate, including buildings or
other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or
storage of equipment or materials.
Fill:Any material or combination of materials used in filling.
Filling: The artificial depositing upon any parcel of property of any soil, rock, rubble, mulch,
vegetation or similar materials except for the depositing of any such materials in localized
depressions for the sole purpose of landscaping, and except for the deposition of top soil on any
particular parcel for the sole purpose of either gardening or landscaping. It shall be the duty of the
Administrator to determine whether such deposition of materials falls within one of the exceptions as
outlined.
Flood Fringe: That portion of the floodplain located outside of the floodway. The flood fringe shall
include those Zone AE areas outside of the floodway as shown on the flood insurance rate map
panels adopted in Subsection (b)(6) of this section. For lakes, wetlands and other basins that do not
have a floodway delineated, the flood fringe also includes those areas below the one percent annual
chance 100-year flood elevation but above the ordinary high water level as de�ned in Minn. Stats. §
103G.005, subd. 14. For those Zone A and Zone AE areas as shown on the flood insurance rate
map panels adopted in Subsection (b)(6)of this section, where floodway/flood fringe boundaries are
not shown in Zone A or Zone AE, an applicant for a special permit in the floodplain must meet the
provisions of Subsection (d)of this section.
Flood Insurance Rate Map (FIRM):An official map on which the Federal Insurance Administrator has
delineated both the special hazard areas and the risk premium zones applicable to the City. A FIRM
that has been made available digitally is called a digital flood insurance rate map(DFIRM).
Floodprone Area:Any land susceptible to being inundated by water from any source.
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.
Floodplain: Those areas within the City which include the beds proper and the areas adjoining
Bassett Creek or its tributaries which have been or hereafter may be covered by a regional flood.
The floodplain shall be further divided into the floodway and the flood fringe.
Floodplain Management District: The district established by and defined in Subsection (b) of this
section.
Floodway: The channels of Bassett Creek and its tributaries plus those portions of the floodplain
which are required to convey the regional flood discharge and store the runoff from the regional
flood. The floodway shall include those floodway areas as shown on the flood insurance rate map
panels adopted in Subsection (b)(6)of this section. For those Zone A and Zone AE areas as shown
on the flood insurance rate map panels adopted in Subsection (b)(6) of this section, where the
floodway/flood fringe boundaries are not shown, an applicant for a special permit in the floodplain
must meet the provisions of Subsection(d)of this section.
Lowest Floor.• The lowest floor on 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, provided that such enclosure
is not built so as to render the structure in violation of the applicable non-elevation design
requirements of 44 CFR 60.3.
New Construction: Structures, including additions and improvements for which the start of
construction commenced on or after the effective date of the ordinance from which this section is
derived, or the effective date of applicable amendments to this section.
Obstruction:Any storage or placement of material or equipment, any dam,wall, wharf, embankment,
levee, road, dike, pile, object, abutment, projection, excavation, channel rectification, culvert, conduit,
pipe, building, wire, fence, stockpile, refuse, fill, deposit, clearing of trees or vegetation, structure or
matter in, along, across, or projecting, in whole or in part, into any floodplain.
O�cial Flood Zone Profile and Map:The collection of flood profiles contained in the Flood Insurance
Study, Volumes 1 of 2 and 2 of 2, Hennepin County, Minnesota, all jurisdictions, dated November 4,
2016, including the Flood Insurance Rate Maps for the City of Golden Valley, panels 27053C0194F,
27053CO213F, 27053CO214F, 27053C0332F, 27053C0351F, 27053C0352F and 27053C0354F,
dated November 4, 2016.
Reach: A hydraulic engineering term used to describe a longitudinal segment of a stream or river
influenced by a natural or manmade obstruction. For example, the segment of a stream or river
between two consecutive bridges would constitute a reach.
Recreational Vehicle: A vehicle that is built on a single chassis, is 400 square feet or less when
measured at the largest horizontal projection, is designed to be self-propelled or is permanently
towable by a light-duty truck, and is designed primarily not for use as a permanent dwelling, but as a
temporary living quarters for recreational, camping, travel or seasonal use. For the purposes of this
section, the term "recreational vehicle" shall be synonymous with the term "travel trailer/travel
vehicle."
Regional Flood: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 one percent chance or 100-year recurrence interval. Regional flood is
synonymous with the term "base flood"used in a flood insurance study.
Regulatory Flood Protection Elevation or RFPE: An elevation not less than two feet above the
elevation of the regional flood. It is the elevation to which uses regulated by this section are required
to be elevated or flood-proofed.
Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during a
10-year period for which the cost of repairs at the time of each such flood event on the average
equals or exceeds 25 percent of the market value of the structure immediately before the damage
occurred.
Special Flood Hazard Area: A term used for flood insurance purposes synonymous with "100-year
floodplain."
Special Permit: For the purposes of this section, a City stormwater management permit meeting the
requirements for a special permit under this section and for a permit under Chapter 107, pertaining to
stormwater management, and, as may be required by the Administrator, the approval of the BCWMC
and DNR Commissioner.
Structure: Anything that is built or constructed, an edifice or building of any kind, or some piece of
work artificially built up or composed of parts joined together in some definite manner, whether of a
temporary or permanent character.
Substantial Damage: Damage of any origin sustained by a structure where the cost of restoring the
structure to its condition prior to the damage would equal or exceed 50 percent of the market value
of the structure immediately before the damage occurred.
Substantial Improvement: Within any consecutive 365-day period, any reconstruction, rehabilitation
(including normal maintenance and repair), repair after damage, addition or other improvement of a
structure, the cost of which exceeds 50 percent of the market value of the structure immediately
before the start of construction of the improvement. The term "substantial improvemenY' includes
structures that have incurred "substantial damage," regardless of the actual repair work performed.
The term "substantial improvemenY'does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of State or local
health, sanitary or safety code specifications which have been identified by the local code
enforcement official, and which are the minimum necessary to assure safe living
conditions.
(2) Any alteration of a historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure. For the purposes of this section,
the term "historic structure"shall be as defined in Code of Federal Regulations, Part 59.1.
(d) General Rules and Prohibitions Affecting Uses.
(1) No existing land use, obstruction, or structure within the floodplain shall be altered in size or
scope, except in accordance with the provisions of this section.
(2) No temporary or permanent structure, dredge spoil site, sand and gravel operation, fill for
driveways, roads, levees or other purposes; and no deposit, obstruction, or storage of material
or equipment or other use shall be permitted, which acting alone or in combination with existing
or anticipated uses, would adversely affect the efficiency or the capacity of the floodplain or the
floodplain elevation or flood damages.
(3) In connection with any proposed activity or development, or placement of an obstruction in the
floodplain, there must be no net loss in floodplain storage and no increase in floodplain
elevations consistent with the BCWMC watershed management plan and policies, as may be
amended from time to time.
(4) No use shall be permitted by right or by special permit unless the proposed use conforms to
the land use plans and underlying zoning requirements of the City and the watershed
management plan and goals and policies of the BCWMC.
(5) Permit required. A permit issued by the Administrator in conformity with the provisions of this
section 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 or
fence; prior to the change, replacement or extension of a nonconforming use or nonconforming
structure; 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.
(e) Uses Permitted By Right. Provided that such uses shall not adversely affect the efficiency or restrict
the capacity of the channels or floodways of any tributary to the main stream or other drainage
facility or system, the following uses are permitted in the floodplain to the extent that they are not
prohibited by any other City Code provision and provided they do not involve structures, fill, fences,
dams, storage of materials or equipment.
(1) Private and public open space or recreational uses, such as golf courses, tennis courts, driving
ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife
habitat, trails, nature preserves and fishing areas.
(2) Residential lawns, gardens, parking areas, and play areas.
(3) Nonresidential parking areas, provided the following provisions are met:
a. Any facility that will be used by employees or the general public must be designed with a
flood warning system that provides adequate time for evacuation if the area is inundated to
a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per
second) would exceed a product of four upon occurrence of the regional one percent
chance flood; and
b. Vegetated buffers meeting City requirements must be established around wetlands,
streams, and water bodies.
(4) Signs and signals delineating or accessory to parks, trails and other permitted uses as
described above in this subsection(e).
(5) Recreational vehicles are allowed on individual lots of record if they meet the criteria listed in
Subsections(e)(5)a through c of this section, and provided further that there will be no additions
attached to the recreational vehicle, and no development placed on the parcel of land that
would hinder the removal of the recreational vehicle from the site should flooding occur. The
recreational vehicle must:
a. Have current licenses required for highway use.
b. Be highway ready, meaning on wheels or the internal jacking system; be attached to the
site only by quick-disconnect type utilities commonly used in campgrounds and
recreational vehicle parks; and must not have any permanent structural type additions
attached to it.
c. Be permissible in any preexisting, underlying zoning district.
(f) Special Permits.
(1) The following uses may be introduced into the floodplain upon the issuance of a special permit
in accordance with the provisions of this section:
a. Filling may be undertaken provided:
1. That the filling is only in the flood fringe portion of the floodplain or in Zone A areas
and Zone AE areas where a floodway has not been designated on the flood insurance
rate map
2. The requirements of Subsection (d)of this section are met; and
3. That:
(i) All fill materials deposited or stored in the floodplain shall be protected from
erosion by vegetative cover, mulching, riprap or other acceptable method,
consistent with and in compliance with Subsection (d)of this section and Chapter
107, pertaining to stormwater management. All materials or equipment must be
stored outside the floodway, but within the flood fringe, and shall be elevated on
fill to the RFPE.
(ii) Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway.
b. Nonconformities that are in existence in the floodplain on the effective date of the
ordinance from which this section is derived, or the effective date of applicable
amendments to this section, may be redeveloped, altered, enlarged, or reconstructed upon
issuance of a special permit, provided that the requirements of Subsection (k) of this
section are met and the structure either is located in the flood fringe portion of the
floodplain; or for Zone A areas and Zone AE areas where a floodway has not been
designated, and is located in an area where any encroachment caused would be
consistent with the criteria in Subsection (d) of this section. No permit shall be granted for
the redevelopment of a parcel of land or for the alteration (except by removal),
enlargement, replacement or reconstruction of any nonconforming structure or obstruction
within the floodway or Zone A or Zone AE areas where a floodway has not been
designated not meeting the criteria of Subsection (d)of this section.
c. Structural works for flood control such as dams, levees, dikes and floodwalls may be
erected consistent with the criteria in Subsection (d) of this section. The modification and
additions to such works shall assure that the work will provide a means of decreasing flood
damage potential in the area.
d. Public utilities, railroad tracks, streets and bridges may be located provided they are
designed to minimize impacts within the floodplain, and are compatible with the Watershed
Management Plan of the BCWMC. These uses can cause no increase in stage to the 100-
year flood within the floodplain. Protection to the RFPE shall be provided where failure or
interruption of these public facilities would endanger the public health or safety or where
such facilities are essential to the orderly functioning of the area. Where failure or
interruption of service would not endanger life or health, a lesser degree of protection may
be provided for minor or auxiliary roads, railroads or utilities.
e. 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 RFPE. New or replacement utilities and facilities must be
designed and constructed to minimize or eliminate infiltration.
f. Any on-site water supply or sewage treatment system to be replaced in the floodplain must
be connected to the municipal water supply and sewage treatment system, respectively.
(2) Applications for special permits shall be made to the Administrator by the owner of the land
involved. Five copies of all submittal materials shall be provided. The application shall be
accompanied by a fee in an amount determined by ordinance of the City Council, and shall
include the following information:
a. When determined necessary by the Administrator, a report, prepared or signed by a
licensed professional engineer, detailing the results of computer modeling of the impact of
the proposed structure or obstruction on the floodplain. Information that must be presented
in this report shall include, but not necessarily be limited to: a statement of whether, and to
what extent, the proposed structure or obstruction lies within the flood fringe or floodway; a
quantification of any expected change in floodplain elevations due to the proposed
structure or obstruction; a quantification of the expected impacts of any change in
floodplain elevations on any upstream or adjacent property; and an explanation of any
alternative construction options that have been investigated. The computer modeling shall
assume that there will be an equal degree of encroachment on both sides of the stream
extending for a significant reach. The computer modeling must be submitted in a format
compatible with the hardware and software used by the City.
b. Plans and specifications prepared by a State-licensed professional land surveyor or
engineer, showing: the nature, location, dimensions, and elevation of the lot or plot and
existing and proposed structures or obstructions; the relationship of the lot or plot and
existing and proposed structures or obstructions to the location of the channel; surface
water drainage plans; cross sections of the floodplain on both sides of the streambed; and
longitudinal profiles of the streambed at sufficient intervals to determine the impact of the
proposed structure or obstruction.
c. Plans and specifications prepared by a licensed professional architect or engineer,
showing: details of construction and materials, floodproofing, filling, dredging, grading,
channel improvement, storage of materials, water supply (including withdrawal and
discharge of groundwater and surface water), and sanitary facilities.
d. Statement of the private and public benefits anticipated from the proposed structure or
obstruction, and any hardship that may be imposed if the application is denied.
(3) The review process shall consist of the following steps:
a. Upon receipt of a fully completed application, it shall be forwarded first to the City Engineer.
The City Engineer or a designated technical assistant shall be responsible for analyzing
the information submitted to determine whether the subject property is located in the
Floodway or Flood Fringe or is consistent with Subsection (d) of this section. The City
Engineer may recommend a provisional approval to be finalized after review by the DNR
Commissioner and the BCWMC, may request additional information from the applicant in
order to complete the analysis, may request that the applicant modify the plans in order to
achieve an acceptable outcome, or may deny the application on the grounds of
unacceptable location or unacceptable increase in flood heights or flood damages.
b. If the application is provisionally recommended for approval by the City Engineer, the
Administrator shall within five business days submit two copies of the application and the
City Engineer's report to the BCWMC, allowing an interval of up to 60 days for review and
comment. Another copy shall be submitted to the DNR Commissioner for review and
comment, with a minimum interval of 10 business days being allowed for such review and
comment in addition to any time necessary for the actual transmittal of the application
between offices.
c. After receiving the comments of both the DNR Commissioner and the BCWMC, the
Administrator shall route them, if necessary, back to the City Engineer,who shall repeat as
much of Subsection (f)(3)a of this section as necessary in order to either deny the
application or to recommend its approval. If the application is recommended for approval
by the City Engineer, then the Administrator shall review the entire file for the application,
including the comments submitted by all reviewing parties, and shall prepare and issue a
permit containing all such conditions regulating the construction of the proposed structure
or obstruction as may be deemed necessary to carry out the purposes of this section. The
permit shall be fully executed within 15 business days of the receipt of the last set of
comments or recommendations. A copy of the approved special permit shall be forwarded
by mail to the DNR Commissioner within 10 days of issuance.
d. If at any point in the application process the report of the City Engineer is that the
application must be denied, then the Administrator shall, within five business days of
receiving the report of the City Engineer, prepare and forward to the applicant a letter
explaining that the application is denied and outlining all reasons for the denial. Once an
application has been denied, it may not be resubmitted in substantially the same form for a
period of at least six months following the date of the Administrator's letter of explanation.
(g) Variances;Board of Zoning Appea/s.
(1) The Board of Zoning Appeals shall hear and decide all appeals where it is alleged that there is
an error in any order, requirement, decision or determination made by an administrative officer
in the enforcement of this section. The Board shall hear all such interpretive appeals and all
appeals for variances from the strict application of the terms of this section in the same manner
and under the same standard as it hears and decides appeals under Section 113-27, except as
otherwise provided for herein.
(2) Any variance shall include conditions that assure compliance with the requirements of this
section insofar as practical.
(3) Notwithstanding anything to the contrary in this chapter, a variance may not:
a. Allow a use that is not allowed in the floodplain management district
b. Permit a lower degree of flood protection than the regulatory flood protection elevation for
the particular area
c. Permit standards lower than those required by State law
d. Permit an increase in the flood hazard or flood damage potential
e. Permit a lower degree of flood protection than the flood protection elevation established by
this section; or
f. Be inconsistent with the purpose and intent of this section.
(4) Notwithstanding anything to the contrary in this chapter, for any variance, the following
additional criteria of the Federal Emergency Management Agency(FEMA)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.
(5) Notwithstanding anything to the contrary in this chapter, an application for variance shall be
made to the Administrator in the same manner as an application for a special permit under this
section, and shall include the same required elements. The Administrator shall submit a copy of
the application for review to the BCWMC and the DNR Commissioner within 45 days after
receipt of the same from the applicant. The report of the Administrator shall accompany said
application and shall include any other such data as the Administrator deems necessary for a
complete review. There shall be a minimum interval of 10 days allowed for the review and
comment by the DNR Commissioner, in addition to any time necessary for the actual transmittal
of the application between offices, before the Board's hearing can take place.
(6) The Board shall hear and decide upon the application in the same manner it decides appeals
under this chapter. The Board shall take no action in the appeal unless 45 days have elapsed
from the submission of the application to the BCWMC and the DNR Commissioner; provided,
however, that if reports or comments have been received from both the BCWMC and the DNR
Commissioner prior to the expiration of the aforesaid 45-day period, then the Board is
empowered to thereupon act on said application prior to the end of said 45-day period. The
recommendations of the BCWMC and the DNR Commissioner, if any, shall be appended to the
application and the Administrator's report and considered by the Board in making its judgment.
No variance shall be granted without full consideration of the standards, policies and purposes
expressed in this section and chapter. The decision of the Board shall be subject to appeal to
the City Council in the same manner as other zoning appeals. A copy of all decisions granting
variances shall be forwarded by mail to the DNR Commissioner within 10 days of such action.
(7) Flood insurance notice and recordkeeping. The Administrator 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 $25.00 for$100.00
of insurance coverage; 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.
(h) Lapse of Variance or Special Permit. If within one year after the issuance or grant of a special
permit or variance under this section, the owner or occupant shall not have substantially completed
the work authorized by such special permit or variance, then the special permit or variance shall
become null and void unless a petition for extension of time in which to perform such work has been
granted. Such petition to extend time shall be in writing and filed with the Administrator more than 20
days before the expiration of one year from the date the original special permit or variance was
issued or granted, shall state facts showing a good-faith attempt to use the special permit or
variance, and shall state the additional time requested to complete such work. No such extension
shall exceed one year. Such petition, if it relates to a variance, shall be considered in the same
manner as the original request for variance. If the petition relates to a special permit, it shall be heard
and decided in the same manner as the original petition for a special permit. In determining under
this subsection whether the petitioner has made a good-faith attempt to complete such work, such
factors as the design, size, expense and type of the proposed work may be considered.
(i) Certified Record Drawings. Upon completion of any work or project pursuant to a special permit or
variance granted in accordance with this section, and prior to the use or occupancy of the land or
completion thereon of any obstruction permitted by the special permit or variance, the applicant shall
submit a certification, prepared by a licensed professional engineer or land surveyor(as appropriate)
that the permitted work, including, but not limited to, finished fill and building floor elevations,
floodproofing, or other flood protection measures, has been completed in compliance with the
provisions of this section and in compliance with conditions contained in the special permit or
variance. This certification shall include five copies of certified record drawings of the work
completed. The certified record drawings shall also be submitted in digital format compatible with the
Citys computer hardware and soffinrare. The applicant shall be responsible for submitting an
application for a letter of map amendment to FEMA, including all costs associated with the submittal.
(j) Method for Determining Floodplain Boundary Location. All decisions regarding the location of the
floodplain boundary will be based on elevations of the regional 100-year flood profile, the actual
ground elevations on the site and other available technical data. In all cases where application is
made pursuant to this section for interpretation of the existing floodplain zoning elevations and
determination of the exact boundaries of the floodplain zone, as established by the official flood zone
profile and map and flood insurance rate maps made a part hereof, the Administrator or a designated
technical advisor shall:
(1) Obtain from the applicant, at the applicant's expense, a current survey of the property in
question, signed by a licensed land surveyor. The survey shall show exact elevations of the
property and, if applicable, exact locations and elevations of any existing or proposed structures
or obstructions.
(2) Determine the floodplain zone elevations from the official flood zone profile and map or
information provided by the applicant, consistent with Subsection(f)(2)of this section.
(3) Land within the floodplain zone but outside of the floodway shall be considered flood fringe.
The cost of such computation shall be reimbursed by the applicant.
(k) Nonconforming Obstructions, Uses and Structures. Notwithstanding other sections of this chapter,
the following shall apply to all obstructions, structures and uses within the floodplain:
(1) Continuance. An obstruction or structure, or the use of a structure or premises, which was
lawful before the effective date of the ordinance from which this section is derived, or the
effective date of applicable amendments to this section, but which is not in conformity with the
provisions of this section may be continued subject to the following conditions:
a. No such obstruction, use or structure shall be replaced, expanded, changed, enlarged, or
altered in any way, nor shall any parcel of land be redeveloped, without complying, in all
respects, with this section, including, but not limited to, the obtaining of all required permits
and variances. Any alteration or addition to a nonconforming obstruction, use, or structure
shall be elevated on fill as specified in Subsection (k)(4)a of this section, or adequately
floodproofed to the RFPE. Floodproofing shall be done in accordance with the FP-1
through FP-4 floodproofing classification of the State Building Code as adopted by the City,
provided the cost of the alteration or addition does not exceed 50 percent of the market
value of the existing structure prior to the alteration or addition, unless such alteration or
addition includes the elevation on fill or adequate FP-1 or FP-2 floodproofing to the RFPE
of the entire obstruction, use, or structure; and unless all other requirements of this
subsection(k)are met.
b. If such use of such obstruction or structure, or use of such premises, is discontinued for six
consecutive months, any subsequent use of the obstruction, structure or premises shall
comply, in all respects, with this section, including, but not limited to, the obtaining of all
required permits and variances.
c. If any nonconforming obstruction or structure is destroyed or damaged by any means,
including floods, to the extent that the cost of repairing or restoring such destruction or
damage would be 50 percent or more of the current market valuation then it shall not be
reconstructed except in full compliance, in all respects, not limited to, the obtaining of all
required permits and variances.
d. 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 building, then the
building addition and the existing nonconforming building must meet the requirements of
this subsection(k).
(2) Certification of Nonconforming Uses. Upon application and submittal to the Administrator of an
appropriate certification by a licensed professional land surveyor, the Administrator shall certify
to the owners of properties whose uses were lawful prior to the effective date of the ordinance
from which this section is derived, or the effective date of applicable amendments to this
section, that said properties, the uses thereof and the structures thereon were and are a legal
nonconforming use which may be continued as specified in said certification and as permitted
by this chapter.
(3) Nuisances. Uses or adjuncts thereof which are or become public nuisances shall not be
entitled to continue as nonconforming uses.
(4) Additional Standards for Floodplain Nonconformities.
a. All redeveloped or reconstructed structures and additions to structures, that are not being
floodproofed in accordance with this section, must be elevated on fill so that the lowest
floor, including basement floor, is at or above the RFPE. The finished fill elevation for
structures shall be no lower than one foot below the RFPE, and the fill shall extend at such
elevation at least 15 feet beyond the outside limits of the structure erected thereon.
b. The storage of any materials or equipment shall be located outside of the floodway, and
shall be elevated on fill to the RFPE.
c. Alternative elevation methods.
1. Alternative elevation methods other than the use of fill may be used to elevate a
structure's lowest floor above the RFPE. Use of these altemative methods must
receive written authorization from the Floodplain Administrator and the City Engineer.
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
lowest floor if:
(i) The enclosed area is above grade on at least two sides of the structure
(ii) It is designed to internally flood and is constructed with flood-resistant materials;
and
(iii) It is used solely for parking of vehicles, building access or storage.
2. The above-noted alternative elevation methods are subject to the following additional
standards:
(i) Design and certification. The structure's design and as-built condition must be
certified by a licensed professional engineer or architect as being in compliance
with the general design standards of the State Building Code and, specifically,
that all wiring, heating, ventilation, plumbing and air conditioning equipment and
other service facilities must be at or above the RFPE, or be designed to prevent
floodwater from entering or accumulating within the components during times of
flooding.
(ii) Specific standards for above-grade, enclosed areas.Above-grade,fully enclosed
areas such as crawl spaces or tuck under garages must be designed to intemally
flood, and the design plans must stipulate:
A. 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
openings on at least two sides of the structure, and the bottom of all
openings shall be no higher than one foot above grade. The automatic
openings shall have a minimum net area of not less than one square inch
for every square foot subject to flooding unless a licensed 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
B. 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.
d. Basements, as defined by this section, in residential structures, shall not be allowed below
the RFPE. Nonresidential basements may be allowed below the RFPE provided the
basement is structurally dry floodproofed in accordance with Subsection (k)(4)f of this
section.
e. All new principal structures must have vehicular access at or above an elevation not more
than two feet below the RFPE. If a variance to this requirement is granted, the City 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.
f. As an alternative, all areas of substantially improved nonresidential structures, including
basements, to be placed below the RFPE shall be floodproofed in accordance with
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.
Nonresidential structures floodproofed to the FP-3 or FP-4 classifications shall not be
perm itted.
g. Commercial use.Accessory land uses, such as yards, railroad tracks and parking lots, may
be at elevations lower than the RFPE. 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.
h. Manufacturing and industrial uses. Measures shall be undertaken 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 this section.
(I) Obstructions.
(1) The City shall have the right of reasonable entry upon lands in the floodplain for the purpose of
ingress and egress to the floodplain, and the beds, banks and waters of the creeks, to remove
any natural obstructions, such as, but not limited to, trees, debris, litter and silt.
(2) It is unlawful for any person, without a special permit obtained pursuant to this section, to place
any obstruction in Bassett Creek and its tributaries, to obstruct the passage of watercraft or to
interfere with the use by the public of the beds, banks, waters or channels of said creek, except
obstructions placed by the appropriate authority and used for floodplain management, in which
case adequate provision shall be made for portaging and passage of watercraft.
(3) Any artificial obstruction of the beds, banks, waters or channels of Bassett Creek or the
floodplain made subsequent to February 3, 1981, and without first obtaining a special permit or
variance therefor shall be removed by the owner of the adjoining land within 10 days after
mailing to such owner of a demand to do so by the Administrator. If the owner shall fail or refuse
to remove the obstruction, within said time, or if the owner cannot be found or determined, the
City may remove such obstruction and the cost thereof shall be paid by the owner on demand,
or may be assessed against the land, and collected in the same manner as prescribed by law
for levying and collecting special assessments for municipal improvements.
(m) Unlawful Act. It is unlawful for any person to violate any provision of this section or fail to comply
with any of its terms or requirements. Each day such violation continues shall be considered a
separate offense. Each obstruction or use placed or maintained in the floodplain in violation of this
section is hereby declared to be a public nuisance and creation thereof may be enjoined and the
maintenance thereof abated by appropriate judicial action. Nothing herein contained shall prevent
the City from taking such other lawful action as is necessary to prevent, remedy or remove any
violation.
(n) Amendments.
(1) Complete documentation on any proposed amendments to this section, including amendments
to the official flood zone profile and map and flood insurance rate maps, must be submitted to
the DNR Commissioner for review and approval, with a minimum of 10 days being allowed for
such review in addition to any time necessary for the actual transmittal of the documents
between offices; no public hearing shall be held by the City Council with regard to the proposed
amendment until the approval of the DNR Commissioner is received. The BCWMC shall also be
notified of any proposed amendment to this section at least 30 days in advance of the
scheduled public hearing. Amendments that would affect the floodplain designation of any area
must be approved by the FEMA before being adopted by the City. With all of these additional
requirements incorporated, amendments to this section shall be made in the manner provided
for all zoning amendments pursuant to this chapter and in compliance with State law.
(2) There shall be no change made to the official flood zone profile and map or flood insurance
rate maps that has the effect of removing or reducing the floodplain designation of any area
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 RFPE and is contiguous to lands outside of the floodplain above the
RFPE. Special exceptions to this rule may be permitted by the DNR Commissioner if it is
determined that the area in question is adequately protected by other measures. Changes
affecting the floodplain designation of any area must also meet FEMA's Technical Conditions
and Criteria.
(o) Interpretation. In interpreting and applying the provisions of this section, they shall be held to be the
minimum requirements for the promotion of the public health, safety, prosperity and general welfare.
(p) Abrogation and Greater Restrictions. It is not the intention of this section to interFere with, abrogate
or annul any covenant or other City Code provision; provided, however,where this section imposes a
greater restriction upon the use or improvement of any premises than those imposed or required by
other statutes, City Code provisions, rules, regulations, or permits of the City, State, or the BCWMC,
or by covenants or agreements,the provisions of this section shall govern.
(q) Warning and Disclaimer of Liability. This section does not imply that areas outside the floodplain or
land uses or obstructions permitted within the floodplain will be free from flooding or flood damages.
This section shall not create liability on the part of the City or any o�cial or employee thereof for any
flood damages that result from reliance on this section or any City action taken or administrative or
City Council decision lawfully made hereunder.
(r) Subdivision of Land.
(1) In general. Recognizing that floodprone areas may exist outside of the designated floodplain
management district, the requirements of this subsection (r) and Chapter 107, pertaining to
stormwater management,shall apply to all land within the City.
(2) Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, or
inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain
management district shall be able to contain a building site consistent with this section at or
above the RFPE. All subdivisions shall have water and sewage treatment facilities that comply
with the provisions of this section, and have road access both to the subdivision and to the
individual building sites no lower than two feet below the RFPE. For all subdivisions in the
floodplain, the floodway and flood fringe boundaries, areas of allowable encroachment for
building sites in Zone A areas and Zone AE areas where a floodway has not been designated,
the RFPE and the required elevation of all access roads shall be clearly labeled on all required
subdivisions drawings and platting documents.
(3) Encroachment studies in Zone A areas and Zone AE areas where a floodway has not been
designated. In Zone A areas and Zone AE areas where a floodway has not been designated,
applicants shall provide the information required in Subsection (f)(2)of this section to determine
the 100-year flood elevation, the areas suitable for encroachment for building sites and the
RFPE for the subdivision site.
(4) Removal of special flood hazard area designation. 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) If a subdivision proposal or other proposed new development is in a floodprone area, any such
proposal must be reviewed to ensure that:
a. All such proposals are consistent with the need to minimize flood damage within the
floodprone area
b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage; and
c. Adequate drainage is provided to reduce exposure of flood hazard.
(6) Building sites. If a proposed building site is in a floodprone area, all new construction and
substantial improvements must be:
a. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy
b. Constructed with materials and utility equipment resistant to flood damage
c. Constructed by methods and practices that minimize flood damage; and
d. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment
and other service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
(s) Additional Administrative Requirements.
(1) State and Federal Permits. Prior to granting a permit or processing an application for a
conditional use permit (CUP) or variance, the Administrator shall determine that the applicant
has obtained all necessary State and Federal permits.
(2) Certification. The applicant shall be required to submit certification by a licensed professional
engineer, architect or land surveyor that the finished fill and building elevations were
accomplished in compliance with the provisions of this section. Floodproofing measures shall be
certified by a licensed professional engineer or architect.
(3) Record of Lowest Floor Elevation. The Administrator 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 Administrator shall also maintain a record of the
elevation to which structures or alterations and additions to structures are floodproofed.
(4) Notifications for Watercourse Alterations. The Administrator 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 Minn. Stats. ch. 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 FEMA.Applicant must maintain capacity for
all watercourse alterations.
(5) Notification to FEMA When Physical Changes /ncrease or Decrease the 100-Year Flood
Elevation. As soon as is practicable, but not later than six months after the date such supporting
information becomes available, the Administrator shall notify the Chicago Regional Office of
FEMA of the changes by submitting a copy of said technical or scientific data.
(Code 1988, § 11.60; Ord.No. 614, 2nd Series, 10-13-2016)
Secs. 113-126-113-148. -Reserved.
ARTICLE IV.-SUPPLEMENTAL REGULATIONS
Sec. 113-149.-Shoreland Management.
(a) Statutory Authorization. The ordinance from which this section is derived is adopted pursuant to the
authorization contained in the Laws of Minnesota 1973, Chapter 379, and in furtherance of the
policies declared in Minn. Stats. chs. 103G, 115, 116 and 462.
(b) Policy. The State Legislature has delegated responsibility to the municipalities of the State to
regulate the subdivision, use and development of the shorelands of public waters and for purposes
of preserving and enhancing the quality of surface waters, preserving the economic and natural
environmental values of shorelands, and providing for the wise utilization of waters and related land
resources. The responsibility is hereby recognized by the City.
(c) De�nitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Boathouse:A structure used solely for the storage of boats or boating equipment.
Building Line:That line measured across the width of the lot at the point where the principal structure
is placed in accordance with setback provisions.
Clear-cutting:The removal of an entire stand of trees.
Conditional Use:A use of shorelands which is permitted within a zoning district only when allowed by
the City after a public hearing, if certain conditions are met which eliminate or minimize the
incompatibility of the conditional use with other permitted uses of the district.
Hardship:The property in question cannot be put to reasonable use under the conditions allowed by
the official controls; the plight of the landowner is due to circumstances unique to said property, not
created by the landowner; and the variance, if granted, will not alter the essential character of the
locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the
property exists under terms of the official controls.
Ordinary High Water Mark: For lakes, a mark delineating the highest water level which has been
maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high
water mark is commonly that point where the natural vegetation changes from predominately aquatic
to predominately terrestrial. The term "ordinary high water mark" for watercourses means the top of
the bank.
Protected Waters: Any waters of the State as defined in Minn. Stats. § 103G.005, subd. 17.
However, no lake, pond or flowage of less than 10 acres in size and no river or stream having a total
drainage area less than two square miles shall be regulated for the purpose of these regulations.
Riparian: Land relating or belonging to the bank and/or shore of a river, stream, creek, lake, pond or
other water basin.
Setback: The minimum horizontal distance between a structure or sanitary facility and the ordinary
high water marlc or befinreen a structure or sanitary facility and a road, well, highway, or lot lines.
Shoreland:Land located within the following distances from protected waters:
(1) 1,000 feet from the ordinary high water mark of a lake, pond, or flowage;and
(2) 300 feet from a river or stream, or the landward extent of a floodplain on such rivers or
streams,whichever is greater.
The practical limits of shorelands may be less than the statutory limits where such limits are
designated by natural drainage divides at lesser distances.
Subdivision: Improved or unimproved lands which are divided for the purpose of ready sale or lease,
or divided successively within a five-year period for the purpose of sale or lease.
Substandard Use: Any use of shorelands existing prior to the effective date of the ordinance from
which this section is derived which is permitted within the applicable zoning district but does not meet
the minimum lot area and length or water frontage, structure setbacks, or other dimensional
standards of this section.
Variance: Any modification or variation of official controls where it is determined that, because of
hardships, strict enforcement of the official controls is impractical.
(d) Designation of Types of Land Use.
(1) Shoreland Management Classification. In order to guide the wise development and utilization of
shorelands of protected waters for the preservation of water quality, natural characteristics,
economic values and the general health, safety and welfare, certain protected waters in the City
have been given a shoreland management classification, and the land lying within prescribed
distances of said waters in accordance with the definitions and terms of this section shall be the
shorelands of the City. The protected waters of the City, as herein defined, that have heretofore
been so classified by the Commissioner of Natural Resources and which are now deemed to be
the determinants for the management of shorelands in the City are as follows:
�....._..,� _.._._.._._..._.._._,___.._.... ..__..___....�.. .........�._ ._.,,....___._.__.._.....„..„__._
Natural Environment Lakes DNR I.D.# �
�
: _____..__._�...____.._.___ _.w__,. . ._.a..., ____.._M.______...._,�
Wirth Lake ; 27-37 P �
i
� ____�__._.._�.,__---________.__. ._ .,v_�; _____�___. _. .
Unnamed Basin � 27-36 P
i
� __..__m___._._______�_� _____
,_.____...__n _...__.____.______�___..�...___._�
Recreational Development Lakes DNR 1 D.#
_
�___..._.�._�___..,. �..._-___-___ �
__..---___._��_.._.__�.__..__.__.___,
��Ar Sweeney-Twin Lake _X� � 27-35 P �
,�_._________�__� __.____ `�
' General Development Streams DNR I.D.#
�
�------__ __._.____________�...�__._._. __ __._
Bassett Creek �- 27032
=__.�-_____� ..____.__.___._____�.. __�__�__�
(2) Shoreland Overlay District. The shorelands of the City, as determined by the foregoing terms of
this section, are hereby designated as a Shoreland Overlay District to provide for the wise
utilization of shoreland areas in order to preserve the quality and natural character of these
protected waters of the City.
(3) Permitted Uses. The following uses shall be permitted within the Shoreland Overlay District:
a. All permitted uses as allowed and regulated by the applicable zoning district underlying the
Shoreland Overlay District as the same are indicated in the zoning provisions of the City.
(4) Conditional Uses. The following conditional uses shall be permitted within the Shoreland
Overlay District:
a. All conditional uses according to their applicable attached conditions As Allowed And
Regulated By The Applicable Zoning District Underlying The Shoreland overlay district
according to and as heretofore approved under the zoning provisions and as required by
this section; and
b. Boathouses.
(5) Substandard Uses. Any uses of shorelands in existence prior to the effective date of the
ordinance from which this section is derived which are permitted within the applicable zoning
district, but do not meet the minimum lot area, setbacks or other dimensional requirements of
this section are hereby deemed to be nonconforming substandard uses. Substandard uses,
including substandard sanitary facilities, shall be allowed to continue.
(e) Zoning Provisions.
(1) Standards. The following standards shall apply to all shorelands of the protected standard
waters listed in this section.Where the requirements of the underlying zoning district as set forth
in the zoning provisions are more restrictive than those set forth herein, then the more restrictive
standards shall apply:
,_�.._ __ _. _,_..._ ..._._._ _. _..._ _:_.__ _--___ _._._.___. .. ._.__..__.__._. ,.____.___.__._
Natural Recreational General
Environment � Development Development
F Waters � Waters Waters
� _.._.._ ,_._______.____.___,_._ __.�.�.._..._____._..____ __.__�.. _ ._....__. ! .___._� ___ _.. . __..._._____.
Water frontage and lot width at building line(ft.) �� 125 � 80 80
�
�__. _ _...___. _-------.---- --____. ___--__._____ ____ _____________._._ _.____ .__�___.. _�___.._.�.__ __..__
�Structure setback from ordinary high water(ft.) � 150 � 75 50
�_. _���._ �
___ _��_.._ _.___ - -_.____�___.��
(2) Substandard Lots. Lots of record in the office of the County Recorder (or Registrar of Titles)
prior to the effective date of the ordinance from which this section is derived which do not meet
the requirements of Subsection(e)(1)of this section may be allowed as building sites provided:
a. Such use is permitted in the zoning district
b. The lot is in separate ownership from abutting lands; and
c. All other sanitary and dimensional requirements of this section are complied with insofar as
practical.
(3) Roads and Parking Areas. Roads and parking areas shall be located to retard the runoff of
surface waters and nutrients in accordance with the following criteria:
a. Where feasible and practical, all roads and parking areas shall meet the setback
requirements established for structures in this section.
b. In no instance shall these impervious surfaces be placed less than 50 feet from the
ordinary high water mark.
c. Where feasible and practical, natural vegetation or other natural materials shall be used to
screen parking areas when viewed from the water.
(4) Elevation of Lowest Floor. Structures shall be placed at an elevation consistent with the City's
floodplain management controls.
(5) Exceptions to Structure Setback Requirements.
a. Setback requirements from the ordinary high water mark shall not apply to boathouses and
docks. Location of docks shall be controlled by applicable State and local regulations.
Boathouses may be allowed as a conditional use provided they are not used for habitation
and do not contain sanitary facilities.
b. On undeveloped shoreland lots that have two adjacent lots with existing principal structures
on both such adjacent lots, any new residential structure may be set back the average
setback of the adjacent structures from the ordinary high water mark or 50 feet, whichever
is greater, provided all other provisions of the Sho�eland Overlay District are complied with.
(f) Shoreland Alterations.
(1) Remova/of Vegetation. The removal of natural vegetation shall be restricted to prevent erosion
into protected waters, to consume nutrients in the soil, and to preserve shoreland aesthetics.
Removal of natural vegetation in the Shoreland Overlay District shall be subject to the following
provisions:
a. Selective removal of natural vegetation is allowed, provided that sufficient vegetative cover
remains to screen cars, dwellings and other structures when viewed from the water.
b. Clear cutting of natural vegetation is prohibited.
c. Natural vegetation shall be restored insofar as feasible after any construction project is
completed to retard surface runoff and soil erosion.
d. The provisions of this subsection (f) shall not apply to permitted uses which normally
require the removal of natural vegetation.
(2) Grading and Filling. Grading and filling in shoreland areas or any alteration of the natural
topography where the slope of the land is toward a protected water or a watercourse leading to
a protected water shall be in accordance with requirements of and authorized by the Bassett
Creek Watershed Management Commission.
(3) Course and Current of Protected Water. Any work which will change or diminish the course,
current or cross section of a protected water shall be approved by the Commissioner of Natural
Resources, and such approval shall be construed to mean the issuance by the Commissioner of
Natural Sources of a permit under the procedures of Minn. Stats. § 105.42 and other related
statutes.
(g) Subdivisions.
(1) Plats. Copies of all plats riparian to protect waters within the Shoreland Overlay District shall be
submitted to the Commissioner of Natural Resources within 10 days of final approval by the
City.
(2) Planned Unit Developments (PUDs). Altered zoning standards may be allowed as exceptions
to this section for PUDs provided preliminary plans for PUDs riparian to protected waters are
reviewed and approved by the Commissioner of Natural Resources prior to their approval by the
City, and further provided:
a. Open space is preserved through the use of restrictive deed covenants, public dedications,
or other methods.
b. The following factors are carefully evaluated to ensure the increased density of
development is consistent with the resource limitations of the protected water:
1. Suitability of the site for the proposed use.
2. Physical and aesthetic impact of increased density.
3. Level of current development.
4. Amount and ownership of undeveloped shoreland.
5. Levels and types of water surface use and public accesses.
6. Possible effects on over-all public use.
c. Any commercial, recreational, community, or religious facility allowed as part of the PUD
shall conform to all applicable Federal and State regulations including, but not limited to,
the following:
1. Licensing provisions or procedures
2. Waste disposal regulations
3. Water supply regulations
4. Building codes
5. Safety regulations
6. Regulations concerning the appropriation and use of protected waters as defined in
Minn. Stats. ch. 103G; and
7. Applicable requirements of the State Environmental Quality Board.
d. Public access is provided in accordance with the City Comprehensive Parks Plan.
e. The final plan for a PUD riparian to protected waters shall not be modified, amended,
repealed, or otherwise altered unless reviewed and approved by the Commissioner.
(h) Notification Procedures.
(1) Public Hearings; Amendments, Variances and Conditional Uses. A copy of the notice of a
public hearing to consider an amendment to this section, a variance to the provisions of the
Shoreland Overlay District for property riparian to private waters, or a conditional use for
property riparian to protected waters in the Shoreland Overlay District shall be sent to the
Commissioner of Natural Resources such that the notice is received by the Commissioner at
least 10 days prior to such hearings.
(2) Amendments and Decisions. A copy of all amendments to this section and final decisions
granting variances or conditional uses for properties riparian to protected waters within the
Shoreland Overlay District shall be sent to the Commissioner of Natural Resources within 10
days of the amendment or final action.
(Code 1988, § 11.65; Ord.No. 682, 5-30-1986)
Sec. 113-150. -Sexually Oriented Businesses.
(a) Findings and Purpose. The purpose of this section is to regulate the location of accessory sexually
oriented sales and sexually oriented businesses within the City based on information from the
Comprehensive Land Use Plan Map and the Zoning Map of the City.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Accessory Sexually Oriented Sales: Sales accounting for less than five percent of the floor area, up
to a maximum of 50 square feet, of an otherwise permitted business(not including storerooms, stock
areas, bathrooms, basements, or any portion of the business not open to the public) devoted to
materials or persons depicting, exposing, describing, discussing, or relating to specified sexual
activities or specified anatomical areas, and is available for barter, rental, or sale for off the premises
use only. Accessory sexually oriented sales do not include the sale of instruments, devices, or
paraphernalia which are used or designed for use in connection with specified sexual activities. In
order to qualify, accessory sexually oriented sales shall at all times be out of view by any persons
under the age of 18, and hereunder, they shall be restricted from and prohibit access to persons
under age 18 by physical separation, except for sales of print media, which shall be displayed with a
completely opaque cover excluding the media's title, and shall be kept a minimum of five feet off the
floor. Any business with accessory sexually oriented sales not meeting the requirements of this
definition shall be considered a sexually oriented business, subject to all requirements for such
businesses.
Adult Body Painting Studio: An establishment or business which provides the service of applying
paint or other substance, whether transparent or nontransparent, to or on the body of a patron when
such body is wholly or partially nude in terms of specified anatomical areas.
Adult Bookstore: An establishment or business which barters, rents or sells items consisting of
printed matter, pictures, slides, records,audio tape, videotape or motion picture film and, either alone
or when combined with adult motion picture rental or sales and adult novelty sales within the same
business premises, has either six percent or more of its stock in trade or six percent or more of its
floor area containing items which are distinguished or characterized by an emphasis on the depiction
or description of specified sexual activities or specified anatomical areas.
Adult Cabaret: An establishment or business which provides dancing or other live entertainment, if
such dancing or other live entertainment is distinguished or characterized by an emphasis on the
presentation, display, depiction, or description of specified sexual activities or specified anatomical
areas.
Adult Companionship Establishment: An establishment or business which provides the service of
engaging in or listening to conversation, talk, or discussion between an employee of the
establishment and a customer, if such service is distinguished or characterized by an emphasis on
specified sexual activities or specified anatomical areas.
Adult Conversation/Rap Parlor. An establishment or business which provides the service of engaging
in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by
an emphasis on specified sexual activities or specified anatomical areas.
Adult Health/Sport Club:An establishment or business which excludes minors, by reason of age, and
is distinguished or characterized by an emphasis on specified sexual activities or specified
anatomical areas.
Adult Hotel or Motel: A hotel or motel from which minors are specifically excluded from patronage -
and wherein material is presented which is distinguished or characterized by an emphasis on matter
depicting,describing, or relating to specified sexual activities or specified anatomical areas.
Adult Mini-Motion Picture Theater:A building or portion of a building with a capacity for less than 50
persons used for presenting material distinguished or characterized by an emphasis on specified
sexual activities or specified anatomical areas for observation by patrons therein.
Adult Modeling Studio:An establishment or business which provides to customers figure models who
engage in specified sexual activities or specified anatomical areas while being observed, painted,
painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin- or
slug-operated or electronically, electrically, or mechanically controlled or operated still or motion
picture machines, projectors, or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images so displayed are
distinguished or characterized by an emphasis on depicting or describing Specified Sexual Activities
or Specified Anatomical Areas.
Adult Motion Picture Rental or Sa/es: An establishment or business which barters, rents, or sells
videotapes or motion picture film and, either alone or when combined with adult bookstore or adult
novelty sales within the same business premises, has either six percent or more of its stock in trade
or six percent or more of its floor area containing items which are distinguished or characterized by
an emphasis on the depiction or description of specified sexual activities or specified anatomical
areas.
Adult Motion Picture Theater: A building or portion of a building with a capacity of 50 or more
persons used for presenting material distinguished or characterized by an emphasis on specified
sexual activities or specified anatomical areas for observation by patrons therein.
Adult Novelty Sales:An establishment or business which, either alone or when combined with adult
bookstore and adult motion picture rental or sales, has:
(1) More than five percent of its stock in trade or five percent or more of its floor area
consisting of inedia characterized by emphasis on specified sexual activities or specified
anatomical areas
(2) Sales of lingerie marketed or presented in a context to suggest use for sadomasochistic
practices
(3) Sales of leather goods marketed or presented in a context to suggest their use for
sadomasochistic practices; or
(4) Sales of instruments, devices, paraphernalia, or general retail products either designed as
complete or partial representations of human genital organs or female breasts, or designed
or marketed primarily for use to stimulate human genital organs.
Adult Sauna/Bathhouse/Steam Room: An establishment or business which excludes minors, by
reason of age, and which provides a steam bath or heat bathing room if the service provided by the
sauna is distinguished or characterized by an emphasis on specified sexual activities or specified
anatomical areas.
Sexually Oriented Business: An inclusive term describing collectively the following retail,
entertainment,or service oriented businesses:
(1) Adult body painting studio
(2) Adult bookstore
(3) Adult cabaret
(4) Adult companionship establishment
(5) Adult conversation/rap parlor
(6) Adult heath/sport club
(7) Adult hotel or motel
(8) Adult mini-motion picture theater
(9) Adult modeling studio
(10) Adult motion picture arcade
(11) Adult motion picture rental or sales
(12) Adult motion picture theater
(13) Adult novelty sales
(14) Adult sauna/bathhouse/steam room.
Speci�ed Anatomical Areas: Less than completely and opaquely covered human genitals, pubic
region or pubic hair, buttock, and female breast below a point immediately above the top of the
areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
Specified Sexual Activities: Human genitals in a state of sexual stimulation or arousal or acts of
human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human
genitals, pubic region, buttock, or female breast.
(c) License Required. All sexually oriented businesses shall hold a license prior to opening to the public
as required by City Code.
(d) Location.
(1) Accessory Sexually Oriented Sa/es. Accessory sexually oriented sales shall be a permitted use
in all Commercial Zoning Districts and no others.
(2) Sexually Oriented Businesses. Sexually oriented business shall be a permitted use in Light
Industrial and Industrial Zoning Districts. All sexually oriented businesses shall adhere to the
following land use regulations:
a. No sexually oriented business shall be within 500 feet of another sexually oriented
business, as measured at the lot line.
b. No sexually oriented business shall be within 500 feet of any Residential Zoning District, as
measured at the lot line, nor shall a sexually oriented business locate within 500 feet of any
Residential Zoning District of any city adjoining Golden Valley, as measured at the lot line.
c. No sexually oriented business shall be within 500 feet of any Institutional Zoning District, as
measured at the lot line, nor shall a sexually oriented business locate within 500 feet of any
Institutional Zoning District of any city adjoining Golden Valley, as measured at the lot line.
d. No sexually oriented business shall be within 500 feet, as measured at the lot line, of any
of the following conditional uses within a Light Industrial or Industrial Zoning District:
1. Ball fields and other recreational facilities
2. On-site child care centers
3. Health, fitness and/or exercise facilities, including dance studio, gymnastic training,
weight lifting studio, aerobic exercise, and gymnasiums
4. Child care centers; or
5. Trade schools or training centers.
(e) Variance Procedure. Any variance requests under this section for sexually oriented businesses shall
be heard only by the City Council. Such requests shall be heard at a regular City Council meeting
within 30 days of receipt by the City of a completed zoning code variance application. The City
Council shall adhere to the standards and procedures for the variance requests established for the
Board of Zoning Appeals.
(Code 1988, § 11.50; Ord.No. 326,2nd Series,4-15-2005)
State Law reference—Adult entertainment establishments, Minn. Stats. § 617.242.
Sec. 113-151. -Off-Street Parking and Loading.
(a) Purpose and Application. The purpose of requiring and regulating off-street parking and loading is to
prevent congestion on public rights-of-way and private roadways and to promote the safety and
general welfare of the public. The following minimums are established for off-street parking and
loading based on the use of land and structures. If a change of use occurs,the new use shall comply
with the off-street parking and loading requirements.
(b) Design Standards.
(1) Site Plan. Application for construction of new buildings, expansion of existing buildings, reuse
of existing buildings and establishing or changing the use of property, shall include a site plan or
plot plan for parking, which is drawn to scale and dimensioned, which depicts the location and
number of off-street parking spaces consistent with this section, which shows proposed intemal
landscaping,and which includes provisions for storage and/or removal of snow.
(2) Access and Curb Cuts. All off-street automobile parking facilities shall be designed with
appropriate means of vehicular access to a street or alley and with adequate maneuvering area.
Detailed plans may have to be submitted to the City Engineer for approval of all curb cuts or
driveway openings before a permit will be granted.
(3) Use. With the exception of garage sales and other sales approved by the City, required off-
street parking and loading areas and the driveways providing access to them shall not be used
for the storage, display, sale or rental or repair of goods or for the storage of inoperable
vehicles.
(4) Lighting. Where artificial lighting is provided in parking lots, it shall be directed perpendicular to
the ground and arranged to reflect away from any residences, street or highway. All light fixtures
shall minimize glare and spillover from the site.
(5) Dimensions for Spaces.All required off-street parking spaces shall be at least nine feet in width
and at least 18.5 feet in depth, except for handicapped spaces and compact car spaces.
(6) Surfacing; Construction Standards. Parking areas and driveways shall be surfaced with an all-
weather dustless material. Parking lots containing more than six spaces and access drives,
except for landscaped areas, shall be covered with asphalt, brick, concrete pavers (including
grass-crete or other permeable pavers where deemed appropriate by the City Manager or
his/her designee)or concrete with proper surface drainage as required by the City. The finished
surface shall be capable of carrying a load of 2,000 pounds per square foot. (Normally a two-
inch blacktop surfacing on a four-inch base or five inches of Portland cement will meet this
requirement.)
(7) Grade, Drainage and Curbing.
a. Grade. In general, grades shall not exceed five percent and shall meet the following
standard: Private roads, driveways (other than single-family), parking lots, and loading
docks exposed to the elements shall have grades of not less than five percent nor more
than four percent in order to provide adequate drainage and maneuverability of vehicles.
Grades in excess of four percent will be reviewed for approval based on: the amount by
which the grade exceeds four percent, number of slopes, length of slopes, starting and
stopping areas and their grades, angles and curvatures, traffic volumes, parking turn-over,
tuming and intersection factors, road-way width, lineal feet and/or number of spaces with
grades over four percent, sight distance and obstructions and alternative routes.
b. Drainage. Off-street parking areas shall be designed to drain and properly dispose of
surFace water. Alternative low impact development practices such as rain gardens and
vegetative swales are encouraged by the City. Detailed plans for drainage shall be
submitted to the City Manager or his/her designee for approval.
c. Curbing. Parking lots containing more than six spaces shall be delineated by a concrete
box curb or concrete curb and gutter extending at least six inches above and six inches
below the surface. The curb may have cuts for drainage. Exception: Some exception for
rain gardens may be allowed provided suitable controls are provided to prevent cars from
parking beyond the intended limits.
(8) Parking Layouts. Required off-street parking consisting of six or more spaces shall be
consistent with the layout altematives and dimensions specified in the parking layout chart
below except handicapped spaces and, if allowed by the City, compact car spaces.
a. Traffic Islands. Tra�c islands shall be provided based on the circulation system, number of
spaces, frequency of use (turnover rate), and other relevant factors. Traffic islands can be
landscaped to meet interior landscape requirements.
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PARKING LAYOUT CHART �
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� . ______. ..___ _. _ ____ _---__� __�_ ___,_ ___ _,_____._ __�.,_. _ __..._.�_._ __
; � Parking Angle to Curb or Lane
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Dimension ' Diagram � �
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i 45° ; 60° ' 75° 90° ;
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Stall width parallel to aisle* A 12.7 ft. 10.4 ft. � 9.3 ft. � 9.0 ft.
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Stall length of line � B 25.0 ft i 22.0 ft. � 20.0 ft. � 18 5 ft. �
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Stall depth � C 17.5 ft. 19.0 ft. 19.5 ft. � 18.5 ft. i!
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' � R � Aisle width � D � 12.0 ft. 16.0 ft. 23.0 ft. � 24.0 ft.
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_________�_ Stall depth, interlock � E � 15.3 ft.- 17.5 ft. A 18.8 ft. 18.5 ft. �
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Module,edge of pavement to interlock � F 44.8 ft. 52.5 ft. 61.3 ft. 61.0 ft. �
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Module, interlocking G 42.6 ft. 51.0 ft. 61.0 ft. 63.0 ft.
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, � Module, interlock to curb face � H T 42.8 ft�50.2 ft. 58.8 ft. 60.5 ft.
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, �� Bumper overhang(typical) T I � 2.0 ft. 2.3 ft. � 2.5 ft. 2.5 ft.
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� Offset � 1 6.3 ft. �� 2.7 ft.��0.5 ft. I 0.0 ft.
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Cross aisle,one-way L � 14.0 ft. 14.0 ft. � 14.0 ft. 14.0 ft. I
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� Cross aisle,two-way � L 90° 24.0 ft. 24.0 ft. � 24.0 ft. � 24.0 ft.
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Min�mum inside turning radius for fire lanes � - � 45 ft. 45 ft. � 45 ft. � 45 ft.
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; Parking or drive aisle setback to principal � � i �
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structure �
0 � 10 ft. � 10 ft. 10 ft. � 10 ft. �
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Landscape traff�c islands j P � See Diagram
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Landscaped islands � Q � See Diagram
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' Parallel parking: �
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Stall width (8.5 or 9 ft.) �
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Stall length (22 or 23 ft.) '
. _.. �... __ _ _.__ ___ ___ _ _ _
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*Required handicap stalls and ramps shall be per State Code.
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*Some minor deviations from this table may be allowed in special circumstances related to the number
' and percent of spaces involved and site-dimensional constraints which support a minor deviation. �
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(9) Landscaping; Internal and External. The minimum required landscaped areas, within which
there shall be no parking or drive aisles (except driveway access from street) in R-3, R-4,
Institutional, Business and Professional Offices, Commercial, Light Industrial, and Industrial
Zoning Districts, shall be:
a. External Landscaping.
1. Front yard: 35 feet(see M on diagram).
2. Side and rear yards: one-half of the required building setback(see N on diagram).
b. Internal Landscaping. Parking lots designed and constructed for more than 40 off-street
parking spaces shall have at least four percent of the interior of the parking lot landscaped
with vegetation including shade trees. Each landscape break shall occur approximately
every 24 spaces. Such landscaping is expected to be in traffic islands, other islands or
other areas used for drainage or light standard or exclusive landscape islands located
within the interior portion of the parking lot. Such landscaped areas shall not be considered
as impervious if essentially the ground is left open. A landscape plan shall be submitted as
part of the required site plan.The landscape plan shall be approved by the City Manager or
his/her designee. All landscaping shall be guaranteed with a financial security for a period
of one full growing season.
(10) Dimensional Requirements. Joint of combined parking facilities on separate lots as authorized
and when constructed adjacent to a common lot line separating two or more parking areas are
not required to observe the parking area setback from such a common lot line.
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(11) Fire Lane. Off-street parking lots may have to be designed to include fire lanes as determined
by the City Manager or his/her designee.
(12) Spaces Delineated. All required off-street parking areas consisting of six or more spaces shall
be delineated by durable painted stripes at least four inches wide unless walls or colum ns are
used to provide an equivalent means to delineate the spaces such as in an underground
garage.
(13) Buffers. If off-street parking lots are located on the periphery of sites and in view of adjacent
and nearby properties, the City will require them to be screened with trees, shrubs, fencing,
decorative walls, berms or some combination of these in setback areas along one or more lot
lines.
(14) Location. Required off-street parking shall be located on the same lot as the use it serves,
except where parking spaces cannot be reasonably provided on the same lot as the principal
use, the City may permit such required parking spaces to be located on other property in a
similar or heavier zoning district located within 500 feet of the permitted use, measured along
lines of public access.
(15) Parking Ramps and Underground Parking. Because of the cost of such spaces and more
control over environmental factors, the City Manager or his/her designee may allow some
reduction in the width of the aisle and spaces in parking ramps and underground parking.
(16) Plowing and Snow Storage or Removal. Required off-street parking plans shall include
provisions for snow storage and/or removal.
(17) Provisions for Pedestrian Access. Provisions for pedestrian circulation to and from, and in
some cases through, parking lots shall be required as determined appropriate by the City.
Patterned pavement, decorative lighting, and associated facilities shall be provided as may be
appropriate.
(18) Maintenance. Off-street parking areas including spaces, accessway, striping, landscaping,
and required buffers and fences, shall be maintained in a neat, safe and adequate manner.
Potholes, deteriorated pavement, and striping must be repaired or restored in a timely manner
by the owner of the off-street parking.
(19) Accessible Parking. Accessible parking spaces shall be provided pursuant to the Minnesota
Accessibility Code.
(20) Signs. Small informational-direction signs may be allowed or required in off-street parking
facilities to identify handicapped parking, compact car parking, traffic flow, and similar
information essential to safe and efficient operation of the facility.
(21) Compact Vehicles. If an off-street parking lot, ramp or garage contains 50 or more spaces,the
City will allow up to 10 percent of the spaces to be designated compact cars only, provided a
suitable parking plan for such spaces is submitted and approved by the City.
(22) Joint use of Parking. Off-street parking facilities for a combination of one or more structures or
uses may be provided collectively in any district, except the R-1 and R-2 Zoning Districts,
provided the total number of spaces shall not be less than the sum of the separate requirements
for each use.
(23) Potential Reduction. The City may allow up to 50 percent reduction when joint use or
combined parking is provided for uses which have substantially different parking demands and
peak parking needs such as a daytime use with a nighttime use(e.g., office and movie theater)
or a week day use with a weekend use (e.g., office and a church). Such reduction may require
an agreement between the uses and an agreement between the owners and City. Such
agreement may also be subject to proof of parking.
(24) Bicycle Parking. Bicycle racks or a similar facility to park/store bicycles shall be provided in a
location accessible to residents in residential developments having more than 12 dwelling units
and employees and to the public in other developments at the rate of five percent of parking
required for vehicles with a minimum of four spaces. Bicycle racks shall be secured to either the
ground or a building.
(c) Minimum Number of Required Off-Street Parking Spaces. -
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Use Requirement �
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Residential �
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2 spaces per dwelling. No building permit shall be issued for the �
£
'�, construction of a single-family dwelling not having a two-stall garage
' Single-family unless the registered survey submitted at the time of application for the
building permit reflects the necessary area and setback requirements for
', a future two-stall(minimum)garage. !
{ _._..__. _,_______...______.__._. _._____ ___.._.__ _._._.__-- �_._ _______ __..__ _._____ _ .___.__.__._____.___.__�
Cluster housing � 2 spaces per dwelling with at least one enclosed �
,
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Two-family 2 spaces per dwelling with at least one ��� �G���� ��_..___.._...,. _.,
� enclosed �
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Townhouse � 2 spaces per dwelling with at least one enclosed � i
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Multiple-family � 1.5 spaces per dwelling
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Roominghouse € 1 space per each 2 persons �
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Congregate and/or elderly I
housing(senior housing)
� 0.5 to 1 space per unit depending on circumstances
r,_..._.....�._. . _._.,..._..... . ........_...._.___._...,. • .._..___.._.._..�._...... i
._.._....,_. _ ..._.__..._..� ._...._. _._.....___. .....x._.,_.... . __........u.._..._.._...�.,___.._..._....__..... .�_...........,.
Assisted housing i 1 space per 5 units/beds �
_.__
_ __._....__ ___------. _. . _...._.__--__._�_.__ __ __.______--_�____;
� Nursing home 1 space per 5 beds �
{._____�___�..___---___..�___J.__ .__ __ _______.___..___...----...____.__.._.____.---. -----___._._.__�._.___..___�
Public and Institutional �
r-
..___.___.�_____. _____._ _� �_______._.____..___.___._.._____---�---__.__ __--__ _______�
Adult day care � 1 space per 5 persons cared for
�--_�' ----_..__---�.___.___. __..____._ ______. __�_�
_�_.__.____..___._._._._�_�. r�__�
, Group nursery day care � 1 space per 6 participants
� __�r_..__ _ _.__.�.__ �____v�._______.�__._._ ___ __ _. _...__._._._
'� Group home �� 1 space per 5 beds/participants
�____________.�_._.._________.____.____� �__.�_ _�___ _.__._________._.� _ _______._____�
� Community center � 1 space per 300 s.f.of gross floor area
r _____„____.._...___..�.__,_.._._.____ __...____ v.....___. __.__._._�_.. _._,--._....._.,.____---_.�__..._._m._.___��.
, City hall � 1 space per 250 s.f.of gross floor area
r __�_�.__�_�.____�___.�__..____. _�__.___mw_______.��.__.�__...__�__� _.__._________.____.�___�______..�.__.,..�._�_._�
', Library � 1 space per 300 s.f.of gross floor area �
�
�v____...�_____._...______.._._...._____._ __ _.,_____..___._._�__..___�_.__,__._...___.__._M..�. ___._.__ .____._�__.._ �_._x
Museum art gallery � 1 space per 400 s.f.of gross floor area
�.____�__�
______.w_____--_ ____.._ _.___..________._ _ ___ _._____._______ ____._..___----___.________._..____. __�__..
Park playground � An adequate plan. �
;___�______ __._.____ �___.. .�__.-----_.___.__.______. _______._--__._______._.___ ___..__--_� ___________�
Golf course � 1 space per S patrons based on course capacity �
i
;�_....__ .._.�___.._ ___.._.__ ._.-----..__, _.__. ___ _________ _,____ ___._..__.__._m._ __...._,._.___________________..__..._._ .____._ __�
Golf driving range and
I 1 space for each tee/target �
' archery
l
r�._, .__.. _____...__ .._.....___.�_ ___._..._.__ � . !
._...._. ..._�._._,�. ._.__..�.__.. .........__�_....... ..�.. ...._._._._.__.._.._.�_.. __. _ _ ,._._. ...._._._. .__..,
Miniature golf 1 space per hole �
� _r....__._.. .�_ . mm__._ ,___._ ._ .. _ __. _�_ _, �...... _._.... _.._�.:_.._ __. .___..___ .__a_. _.. ..._ �__�
Fire station r 1 space per 500 s.f.of gross floor area or an adequate plan
r ..._ ..._...�..�..,._ ._....___.. ,._w.._.._.,.__�..,�... _.w..m_..... .__._...____-''_. ._......_ ........ .....__..._.._ _ ..._..__.._.___.....�..,..._._.________k....__..__... ..__..,..,....__..__._..�
I � 1 space per 4 seats based on design capacity or 1 per 4 members using �
Ball fields/other rec. � �
the facility
�
r._�. ...._. ___............. .........._..,_ ,. ,.__........e,._,...�._.�.._. ._..._ .._._. _ .._....__... ._._...�...,_ ... .a, . . _ '..
._._ ....�__ .._._,_..__ _.,._.... . ..._..._ ,.
Religious institutions 1 space per 3 seats in the main assembly area �
, __._. ._.._ __ � _ .__.. �,�__ _._ . __�._ _._.__ . . _ ._._ _.__.. _._ ._ .__ _�
' Cemeteries ' Adequate off-street parking shall be provided. �
i
,
r....,.__..__...._.._.�__.,._,...._ ___._...,.____.._.,_,_--..... ........_.. _..,.._..._..__ ........._�... .__.._.... ._...,.._..._.._..„���___......_.________.....____.,. ..e_..._..._......,..__..�_.�_........_.... ..__.._._
' Elementary school-lunior '
high
2 spaces per classroom
����; �
�.�___._,��.._.��.__. _ _..___._. . ._.__. _____._ . _.__.w__ . __.____ ___._._.___��_._�.
__ �..__--..___.___._. _.._.�.___.___
High school 2 spaces per classroom plus 1 space per 6 students
;_____ _._.____—. _..__.___ ______.______ _.____ ______----_.____ .____.,___..__.__._,__________.._.__.__ ,__.._____.____.__�
College-University � 1 space per 4 students based on capacity �
r�..___...___._____.�.�._..__.._..�---- -______. __.__---.__�__.�..____._.�. __- -----__.__._.._______.._�
Hospital � 1 space for every 350 s.f.of gross floor area
;�---_________._____________._______ � __.___,__�_�_____._..._.._.._._._..._._.____________��_.._ _.__.__�_---�
Commercial � �
r.__.__.___..______.�_. _. ___�__.._____�.�_.__--------__._�___�______.�--------------_._._____.��__�
Animal hospital-Kennels � 1 space per each 300 s.f.of gross floor area
' _._�
r.�� __.____---... __ ___��.�___.._.__ ______.���...___._� _�._.__.�__
' Bank-Financial service � 1 space per 300 s.f.of gross floor area
�
I___�.�___.��_�. ._____ ___________.____..__.�___----_��� _.._.____._.�.__.�_._�
Bed and breakfast–mm�N� 2 spaces plus 1 for each room to be rented
r__v.______�______._.______._�._ __ _._....._..__._.__�.___�_.�.�_._�.__._ .__.___._._.___,�.__.�. �e_.__�._..__.v____.__.i�_.�
; Trade and training school � 1 space per 5 students based on design capability �
�._.___..____.....�. __.__...�_.____ __._.�. ____�..�,___ __..__..________._______...�..._._.__.�_ __.____.__ ____.._M..�__..�_.__...�...�_,
Bakery � 1 space per 25 s.f. of customer area
�..�.w__�_�.____._..._�____.__..�_..._ .____�.. ___.___�_______,_____.�..�_____�_�_. ___.�
_a__.__..� __.....__..V�
Clubs/lodges � 1 space per 3.5 seats
r _.__._____. _..___,___..____--_�....�__.___...._�_� ___._.____._.�__.._.__...�_____.. .__...__. _'-..._._..�.._v._.____....�._.. ...__...,__. _.__.._..._.__._..._..._._..�
Convention/exhibition hall � 1 space per 3 seats �
;�____.__� ___. _._____.__________�_---------�_.�_______________--- __---__ _____._.�._..___1
Hotel or motel � 1 space per unit plus parking for other uses �
�....�..__-__.. , _...._�....._,�.____.._.._ ..____..,..__�_.__�_.._ _....._......_.__._, ...____...._.._...__,._...�_ ..__..... __._._..._......_._...._.�._.._._..________._..__�...__.__.�_._._............._.__�
Places of lodging � (See Hotel.) j
� ._ ___.___._._...__._,_
--._ _.., ..____ __..___ __.._.____..___________________ �_.. .______m.. _ _---.,____�____._._ __... __. �
' Service station(motor fuel � �
station)
� 8 spaces plus 4 per service stall �
r Motor vehicle service re air���� i - � �il� A5 4 s aces for each servic �____ �_.___u� _..__�__, _�,
p p e bay I
�.__�__._.. _ _...�...__.___ __.�._.�� _. .�____��, w._ . _.�_ �
_._..._.�.._......_._.____�___. .....__.. r__. ._... .. _
Offices ( 1 space per 250 s.f.of gross floor area !
;
i
r _N�.w.. . .. . _..__.._.._ ._ �...__ _._...__ _ ,_..... _e�vw___ ._..._..__.....__ _,.. ...r.�.�. .. _�
Mortuaries 1 per every 250 s.f. plus 1 space for every 5 seats
I �
, .. _ .... f _..,_ _.,v.._ __ _._...___ _.n.__. __._ ___.. __s
Car wash 8 spaces plus 4 per service stall
� i
___ _ ________ . _.__._.__ __._._ __ __. _._____._._. ____�_.._ _.__ __._.. __ �
. ___ _.__._ �.,._..._ w _..___.____ __...__. .___._._.4..___ __._ . .__.... __._._._
Medical clinic(offices) 1 space per 200 s.f.of gross fioor area
� ._.___.___,_._.__.__._..___._.____._.__..._.._...._.____r....____.. _ .._.....�_._.._.__._...._w .._.____._._......_....,.v ..._.._...___...__..._.._._.__.__.�._._..__. ._.a__.._ .......__._._...._..�.�..._�
Open sales or rental lots � 1 space per 2000 s f of display area
�-w_..__ _.,.._._�. _,._W. �...______.___._._._ _____._..�__.__ ......��__ .,�._.__._,..__.._______.�..�__._.. _ ___....__.__..__r__�
Printing � 1 space per each 100 s.f.of customer service area �
r_____.___._.�.�.�_._...____.____.__._. �_._._.____�_.___.�___�..______--_u._.____ . _.___.___.__�________ .__.__.__._.._---�
1 space per each 6 seats or 300 s.f.of gross floor area,whichever is
' Bowling alley
� greater
r.----_.____.�_..__�___._____� _._.�..____ __________�_.____.. _�___ .._.__..._..._ �__._.___._,__.�._
, Pool hall/arcade � 1 space per 50 s.f.
!_� � __�_ _.__�__..__________.__�____._�__._ _._...._�---..__._._____��----�
r
1 space per each 6 seats or 300 s.f.of gross floor area of rink area,
, Skating rinks
; whichever is greater
��._.... _ s_._._..�, .�..��_�...r�_�__..._ ..__._ m�.�._._ ......
' 1 space for every 200 s.f.of gross floor area of non-court area plus 2
; Sport and health clubs
spaces for each court plus 1 per 50 s.f. deck area for swimming
�______.__ ___ .____..__ .___._._____�_..____.�.__.__.._ ._.___.__ ___._______.,_____ _----_.___�.___.�._�
',Theater and/or gymnasiums
1 space per 4 seats or 1 space per 400 s.f.,whichever is greater
(auditorium)
{_____._ _._�_ _______ ______��_..________
__. ..___.____._____�_____._.______ _._----__�_.__.�_.._.__
Restaurant Class I �
; (traditional-no liquor)
1 space per 100 s.f.of gross floor area
�.__. �_�_ �__�. _._�________._
�--..--. .__...._._.�._..._._._.�_._�._...__._____�.._�_""...._..___,.___...._..,.._....__.._..__.__,,,�
I Restaurant-Class II (fast �
' food) 1 space per 40 s.f. of gross floor area =
r._._._.._,__....._._...--_.._... ._....__.�..._.�.._......_--�. . ...._....,_.._._._ _ _._..______.�._._._._ __ _._.._._._.__��_..._
____ _______ __ _ ._ _---- . ___.__1
Restaurant-Class III � (
1 space per 60 s.f. of floor area plus 1 space per 25 s.f.of bar area �
, (restaurant w/liquor) �
�_._�._�__�..___._ ______._----.
____�__.__�..__ _______ _._.__.._____�._.�______._________.___. __ ._ _._.__._._�._._1
Retail store or service �
1 space per 250 s.f.of gross floor area
establishment I
_._._.___ ._-----______.____ _.____,_ _.________.___�___... ___.____._... _.._... _.. __.___._�_._ __
Shopping center 1 space for every 200 s.f.of gross floor area. (5 spaces per 1000 s.f.) �
�m_.._,___.______._._____ .---_� ____.._._�.�_..__. .___._.__.__...__.__ '
____.___----_. ._ .__.___�__________...,,___._. ____.___..._J
Studio � 1 space per 400 s.f.of gross floor area ;
' �
r _m___..__________._.____�.____ _, _ _ _ ._ _ __. __. . ____ _ ____ _ . __._.___._.. .._._.._ _____.,_.
Storage � (See Warehouse) j
i
�
E.... .... ........ . ..__........_ . ...... .. .. � ....,...� ........ ....... ........__._.,�.__........ ........._.._,._.. _ .....,..._, . _,.._._.... ....._ ._.. . ...... ._, ;
Temporary retail sales � An adequate plan �
�
r.._. .� ,_.__.___ _,._.�...__ ____.__...____.__. ..
_______�___ _______._ ..______---_____. ._____-______._.___ �
Industrial
r_._......._�_ � �.__...__.._..._�.._._.__._____.__
. ...�.._._„,....�.__......__._ .______.__._._._..__._._._.. _.�.__.__.__......_...,._..._..__ _._.._...._......_......,___._ ......._...__. �._,._.__.._...�_.-.....,,
� Manufacturing-Fabricating 1 space per 500 s.f.of gross floor area
w._.__�.�____ ______._,_� _ _ _...._ . . ..___._.__u..__,_u______ _ _�.�.._.__.._ ___ .�_v.__._. ._.,_.__�___..��
, Outdoor storage 1 space per 20,000 s.f. of storage area
_____._�____ _______.�__._.f______._____.. __.,---________._.__._._____._ --
� _..._ ._____ ..____ ____._.__
Post office/parcel
10 spaces plus 1 per 500 s.f. plus 1 for each vehicle on site
distribution
�..�_ _. �__
_ . _._� -- ________g _v_.____.---_.�._____�--
Self-storage facility 1 space for every 10,000 s.f.of stora e area
�
r__ ______...�. _.__.._ _----._�._____._.__.._ �._____._
__,___.____._ .._ ___��______._.__�.__
' Sales showroom (motor
1 space for every 1000 s.f.of gross floor area of display area plus 1 space
' vehicles, machinery, boats, for every 5,000 gross s.f. of outside display
; etc.)
{.____ __,__ ___ _______�_. �_______.._ ____._._ ________.__ ___.__.__..�.___��.�____
Showrooms,other(e.g., 1 space for every 400 s.f.gross floor area of show room, plus 1 space for
, furniture,appliances) every 5,000 gross square feet of outside display area
�ww�����.�_W�.
i Warehouses and storage 1 space for every 3,000 s.f.of gross floor area �N�WY_�� ,
r.____________.__ _`_____._ _____ ---------.�.__.____�_____ ___----------___._--___________ _.�.________,�
Truck/van terminals � 1 space per 3,000 s.f.of gross floor area
,
�.______�___._._._� _ _____u ________________._e_._______._.__..__..__ ____._..__ _ _______..___
Lumber yards or bldg.
Outside areas 1 space per 2,000 s.f. of material display
material yards
�
r _�._.__ _._._._ . .____ .._______ �___._.._ ____..____._._______ ��__
_ _ _.. _._-_______�____________ __.__ _________.-------
Brewpub 1 space per 60 s.f. of floor area plus 1 space per 25 s.f.of bar area �
�_ __ __._._.. _..v.____. _ ._._,_.__.
__,. . _v.._� . __.__________�. ._____ ._._.__�._ .��._._ . .
Brewery 1 space per 500 s f of floor area �
� . _...._.... ....._,..�_.___....._.___.._._.____,..._.,,_.._. .� .�....._...-`._..._._....__.........._.....�.._..._,_.__..... ...... ._.,....__._____...... ..... ...__..___._.._....._.___,_.�._ ._._.___..._M.___..,,�
� 1 space per 60 s.f.of floor area. For every 2 bicycle spaces provided, 1 car �
Taproom space may be reduced from minimum parking requirement,for no more �
, � than 15%of the required spaces �
� ___.._.�..�._....�_..__,. ..---._____.___�.--_� ...._._..�._..____.__.____.__.____..- --_._�.__.._.�.._____ ._.._...�._....._.�..._...--__...____.........._...__.,..._._ ......__..._..�._.�
' Distillery 1 space per 500 s.f.of floor area j
�
1
r.�_.,_v_�._.._ _.___._______. . _ __._.__-- ---.�_._ �_.._.__---.�_ .__ . ___ __ .ti_____�_....__._ ..____ __...__ __. ..
Microdistillery 1 space per 500 s.f.of floor area ;
I '
�,. . ..._�......_ _..._... . ___...._ __..._._...T _ _ __.. _ _ ___._ __ _ __. _. __ _ _ . _r.. ''
I 1 space per 60 s.f.of floor area. For every 2 bicycle spaces provided, 1 car �
Cocktail room i space may be reduced from minimum parking requirement,for no more '
� than 15%of the required spaces
i
E
�__.M.�._�w_�_ ._.___.__ .,._.__ _ _____,__.________�_�_____._______.. __��__�.__
_..___.__._.___._____._�___._.�__.._,
Miscellaneous
r_.___._..___. .��....._.._ ,.__,_._�._.,... _._.......,_,.... ..� ,....,.._ ..._._.._�..___..._,..._..._._......�,,._,_....,__._.._._.__.._..i.„W„._.,_ .
_ "'�._ ...._.. _.__._..__ M_.._._....._.�_._..__.._...__..._._v..
Seasonal farm produce sales An adequate plan
w ,_._.... m..___,__.___�_.. ..�. __._ _ �__....__u_.._ .._..__..___�_ _._ ._ .r.______.._______--- __._._.__._______w___ _..�w____--__.__..w___.___�
Christmas tree sales � An adequate plan '
E
�, ....�__._.___. ---_.__._.__ ____. ._�_..._.._.__.._--�_..__.._._�_.,._..__�_..__�.__.��_ __.____..._,_ _._�_.__.__.____�a
I Radio TV trans. �� An adequate plan
;
�__�_____�_________.____�_»_ _...________..�_�_�_____. --- �_.__.._ _.___._.___._�_—_._
; In the case of mixed uses,the parking facilities required shall be the sum
of the requirements for the various individual uses,computed separately
Mixed Use
in accordance with this section. Parking facilities for one use shall not be
� considered as providing the required parking facilities for any other use.
�
(1) General Requirement. For any and all uses or structures not specifically provided for, such
parking space as the City shall determine to be necessary shall be required, considering all the
parking generating factors involved.
(2) Required Ratios. Where the number of required parking spaces is measured by seating
capacity, such seating capacity shall be determined for maximum capacity.
(3) Compliance with Current Controls. New buildings erected after the effective date of the
ordinance from which this section is derived, and old buildings altered after the effective date of
the ordinance from which this section is derived, must comply with all applicable off-street
parking requirements in effect at the time that said buildings are constructed or altered.
(d) Proof of Parking. When the required off-street parking is 20 or more spaces, the owner is only
required to pave and stripe 75 percent of the required parking spaces if the following conditions are
met:
(1) A parking plan drawn to scale for the lot is submitted to the City Manager or his/her designee
and the plan indicates that the site complies with the total parking requirements stated above
and the parking lot is designed to the standards required by this section.
(2) The portion of the site which is not paved and is capable of containing the amount of parking
equal to the difference between the total amount of required parking and the amount of parking
required to be paved (known as the proof of parking area) is suitably landscaped and curbed to
meet the requirements of this section.
(3) The proof of parking area shall be clearly delineated on the parking plan for the site.
(4) The paved portion of the parking area shall comply with the pertinent provisions of this section.
(5) The proof of parking area is not used to satisfy any other landscaping or other requirement and
is not located in an area occupied by a building.
(6) The property owner is responsible for informing any subsequent owner of the proof of parking
area and parking status of the property.
(7) The City may, at any time in its sole discretion, require proof that the parking area will be paved
and striped in such a way that it meets the requirements to provide the total number of required
parking spaces on the site or a percentage between 75 percent and 100 percent if so
determined by the City.
(8) The City may require the owner to enter into a proof of parking agreement specifying the
requirements and restrictions and stating that the owner developer and successor shall be
responsible for making improvements to meet the Code at the time the City requires such
action.
(e) Loading Regulations.
(1) Design Standards.
a. Location. Truck docks for loading and unloading goods or wares shall be provided on the
same Lot or parcel to be serviced. When truck docks are provided inside the building such
area shall not be included in the total floor area used for determining the required number
of such docks, nor for parking space requirements.
b. Size. Loading docks shall be sized and provided with maneuvering space to adequately
meet the needs.
c. Surfacing. Minimum seven-ton capacity.
d. Lighting. Lighting for parking areas shall be subject to the outdoor lighting requirements in
this chapter.
(2) Minimum Number of Off-Street Loading Docks Required.
� _._._...._�_.______��_,.a��___...� _._ _ ._._____
� Use �� Required Off-Street Loading Docks��
I_____.________�__._______._.__.__.____.__ _________ �._--_.__� __________..___�_._�._�__.�__.,
Business and professional offices ��Adequate provisions to meet needs. i
__._._._�_. ___�_�_ _._ _�._._ __.__._�_.___._..___ �_---_.__��----�
Retail and commercial uses Adequate provisions to meet needs. �
_ �
� Light and heavy industrial uses(m �----�-^m —�_..�_. _..�_._._._�..__�._.��.__._______ _.._._.__..�,
anufacturing-fabricating, M���1 off-street loading dock per 40,000
, warehouse and storage, and showroomj � s.f.of gross floor area.
�.,......_.._. .__._._...._........_.,__..� �____�_�._._..._..... ..__..._._._.._...._._.._.._� _.,.. ......._-_�_ ___._ .__........__�.._.___.�.��.�____._.�.. .
Institutional uses � Adequate provisions to meet needs.
(Code 1988, § 11.70; Ord.No. 271,2nd Series, 11-15-2002)
Sec. 113-152.-Screening and Outdoor Storage.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Berm: An earthen mound designed to provide visual interest on a site, screen undesirable views,
reduce noise, or fulfill other similar purposes.
Fence:A structural enclosure or barrier used as a boundary, means of protection, or concealment.
Front Yard: The portion of a lot between the street right-of-way and the front plane of the principal
structure.This area may be deeper than the yard required by the front yard setback.
Screening:A method of visually shielding or obscuring one abutting or nearby structure or use from
another by fencing,walls, berms, or densely planted vegetation.
Trailer.• An unpowered vehicle used for multiple purposes, including, but not limited to, hauling a
boat, personal motorized recreational vehicle, or fish house.
(b) General Regulations. All zoning districts are subject to the following requirements:
(1) The side of a fence without primary structural supports shall be considered the finished side
and must face outward from the property on which it is constructed towards the adjacent
property and/or street. If a Fence has two similarly finished sides, either side may face the
adjacent property and/or street.
(2) All berms, screening, and fences, including fence footings, must be located entirely on the
property for which they are being constructed. A property owner installing a new fence must
accurately determine lot lines prior to installing a fence.
(3) All berms, screening, and fences shall be maintained and kept in good repair by property
owners. Any hazardous fence or fence in a state of disrepair shall be repaired or removed by
the property owner within 30 days of notice by the City. If a property owner fails to comply with
such notice, in addition to all other applicable penalties under City Code, the City may remove
the fence and assess the property owner the cost of such removal.
(4) All berms, screening, and fences shall comply with the right-of-way management regulations of
the City Code.
(5) Electrified fences are prohibited. Barbed wire fences are prohibited except in the Light
Industrial or Industrial Zoning Districts as described below.
(6) For all other standards related to visual nuisances and threats to the health, safety, and welfare
of the community,the City's adopted International Property Maintenance Code shall apply.
(c) Regulations By Zoning District. Fences and the screening of outdoor storage shall be governed by
the following provisions:
(1) All Residential Zoning Districts.
a. Fences in all front yards shall not exceed four feet in height. Fences in side and rear yards
shall not exceed six feet in height.
b. Storage in all front yards may occur solely upon a driveway and in no other location. Any
storage shall be behind the lot line.
c. Only one of the following may be stored in all front yards of any lot:
1. Recreational camping vehicle.
2. Trailer.
d. No personal motorized recreational vehicle or boat may be stored in a front yard, except
upon a trailer.
e. The storage in any front yard of landscaping or construction materials may not exceed 30
days.
f. Items stored in the side and rear yard may not be stored within five feet of the lot line.
g. All outdoor storage, including any storage of a motorized vehicle, recreational camping
vehicle, fish house, trailer, boat, or personal motorized recreational vehicle, in the side or
rear yard must be screened from view of adjacent properties by a wall or fence not more
than six feet in height and not less than 75 percent opacity, or by vegetation of not less
than six feet in height and not less than 75 percent opacity year round.
h. Views of storage in any side or rear yard from the street right-of-way must be at least 50
percent obscured by screening.
i. All mechanical equipment, including rooftop units, shall be screened from view from the
street right-of-way.
(2) All OtherZoning Districts.
a. Fences shall not exceed eight feet in height except as noted below.
b. Barbed wire fences are permitted in Light Industrial and Industrial Zoning Districts. No
barbed wire shall be erected upon any fence at a height lower than seven feet.
c. No materials or equipment shall be stored outside, unless screened in such a manner as
not to be visible from adjacent properties or street right-of-way. All outdoor storage shall be
screened by a wall, fence, or vegetation not less than six feet in height and not less than
90 percent opacity year round. No storage shall be permitted within required landscaped
areas.
d. Storage of automobile sales inventory on surface lots is allowed by conditional use permit
in the Light Industrial and Industrial Zoning Districts. With the permission of the property
owner, automobile sales inventory may be stored in parking ramps in the Business and
Professional Offices Zoning District. The City reserves the right to disallow this storage if
parking for the principal uses is negatively impacted.
e. A solid screen, consisting of either a solid fence or wall not less than six feet in height, or a
planted landscape screen providing at least 90 percent opacity year round and at least six
feet in height at the time of planting, shall be installed and maintained along all lot lines
separating an Industrial Zoning District from any Residential or Institutional Zoning District.
f. All waste material, debris, refuse, junk or damaged vehicles, or vehicles under repair or
being stored in connection with repair services, shall be either kept entirely within an
enclosed building or completely screened from adjacent properties and street rights-of-
way.
g. All mechanical equipment, including rooftop units, shall be screened from view from the
street right-of-way.
(d) Exceptions. Any deviation from this section shall require a variance in accordance with this chapter
except for the following:
(1) Tennis and basketball courts in all zoning districts may have a single perimeter fence no higher
than 10 feet. Such fences shall be located to the rear of the principal structure and shall require
a minimum three-foot strip of landscaping around the entire perimeter.
(2) A wall or fence not exceeding six feet in height is permitted in the front yard of all properties
directly adjoining a minor arterial street, as designated by the City.
(3) A wall or fence not exceeding 12 feet in height is permitted in Light Industrial and Industrial
Zoning Districts solely for the purpose of screening outdoor storage areas.
(4) The screening requirement for mechanical equipment located in the side yards of properties in
Light Industrial and Industrial Zoning Districts may be waived by the City Manager or his/her
designee.
(Code 1988, § 11.72; Ord.No. 312, 2nd Series, 10-20-2004)
Sec. 113-153.-Outdoor Lighting.
(a) Purpose. The purpose of these regulations is to create standards for outdoor lighting which will
provide for nighttime safety, security and utility while reducing light pollution, light trespass, and
conserving energy for residential and nonresidential properties.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Cutoff.• The point at which all light rays emitted by a lamp, light source, or luminaire are completely
eliminated(cutoff)at a specific angle above the ground.
CutoffAngle:The maximum angle formed by a line drawn in the direction of emitted light rays at the
light source and a line perpendicular to the ground from the light source.
Flood Lighting:Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the
light output into a directed beam in a particular direction with a wide or narrow beam.
Footcandle: The American unit used to measure the total amount of light cast on a surface
(illuminance). One footcandle is equivalent to the illuminance produced by a source of one candle at
a distance of one foot.
Full Cutoff-Type Luminaire: A luminaire constructed or shielded to direct all light at a cutoff angle of
less than 90 degrees.
Fully Shielded:The condition where the luminaire is designed and installed where no light is emitted
at or above a horizontal plane running through the lowest point on the luminaire.
Glare: Direct light emitted from a luminaire with intensity great enough to cause visual discomfort,
eye fatigue, a reduction in a viewer's ability to see, or, in extreme cases, momentary blindness.
IESNA (llluminating Engineering Society of North America�IES or IESNA]): The professional society
of lighting engineers, including those from manufacturing companies, and others professionally
involved in lighting.
Lamp: The generic term for an artificial light source, to be distinguished from the whole assembly
(the luminaire).The lamp is commonly referred to as the"bulb."
Light Pollution: The shining of light produced by a luminaire above the height of the luminaire and
into the sky.
Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the property
on which it is located.
Lumen:A quantitative unit measuring the amount of light emitted from a light source.
Luminaire:A complete lighting unit consisting of a lamp or lamps together with the parts designed to
distribute the light.A luminaire is commonly referred to as a "fixture."
Partially Shielded: The condition where the luminaire incorporates a translucent barrier that forms a
partial shield around the lamp that allows some light to pass through the barrier while concealing the
lamp from the viewer.
Shielded/Shielding: The lamp is not visible with a shielded light fixture, and no light is emitted from
the sides of the fixture.Also considered a"full cut-off fixture."
Uniformity Ratio:A description of the smoothness of the lighting pattern or the degree of intensity of
light and dark areas in the area to be lighted. Uniformity is expressed as a ratio of the maximum
footcandle measurement to the minimum footcandle measurement. The lower the ratio the more
uniform the lighting design.
Uplighting: Lighting that is directed in such a manner as to shine light rays above the horizontal
plane.
Wallpack:A luminaire that mounts on the wall.
(c) Applicability.
(1) Except as otherwise provided, the lighting standards of this section shall be applicable to all
residential and nonresidential uses.
(2) The regulations in this section do not apply to the following:
a. Lighting required by the Federal Aviation Administration or other Federal or State agency.
b. Public street or alley lighting located within the public right-of-way that is authorized by the
City.
c. Temporary lighting for City authorized special events, theatrical productions, outdoor
television production sets, and performance areas.
d. Temporary lighting used for the construction or repair of roadways, utilities, and other
public infrastructure.
e. Vehicular lights and all temporary emergency lighting needed by the police department and
fire protection district, or other emergency services.
f. Lighting of public and existing outdoor recreational facilities, such as, but not limited to, ball
fields, tennis courts, soccer fields, hockey or skating rinks, golf courses, golf-ball driving
ranges, and special events or play areas. Lighting for these outdoor recreational uses shall
be shielded to minimize light from spilling over onto adjacent residential properties. Public
recreational facility lighting is prohibited after 10:30 p.m., unless a later completion time is
approved by the City Manager, or his/her designee.
g. Lighting within swimming pools.
h. Sign lighting which is governed by City Code.
i. Decorative seasonal lighting.
(d) Prohibited Lights. The following lights are prohibited.
(1) Mercury vapor lamps.
(2) Low pressure sodium lamps are prohibited unless the City Manager or his/her designee finds
that the color distortion effect of low pressure sodium lighting will not create a hindrance to
crime prevention and investigation.
(e) Method of Measurement.
(1) Any light measurements shall be taken with a light meter with cosine, color correction.
Measurements shall be taken with a light meter that has been calibrated within the year. Any
measurements shall be measured by positioning the meter horizontally at ground level.
(2) Any light measurement taken at the lot line shall be measured at the greatest point of
illumination of said lot line. If ineasurement on private property is not possible or practical, light
level measurements may be made at the boundary of the public street right-of-way that adjoins
the property of the complainant or at any other location on the property of the complainant.
(3) Any light measurements to determine the minimum and maximum lighting levels internal to a
site will be taken at the greatest and least points of artificial illumination.
(f) Nonconformities and Nuisance.
(1) Any new outdoor lighting installed after the effective date of the ordinance from which this
section is derived shall comply with the requirements of this section. Lighting in existence before
the effective date of the ordinance from which this section is derived that does not comply with
the requirements hereof shall be considered legally nonconforming to the extent provided by the
terms of this chapter.
(2) Evidence that a nonconforming luminaire directs glare to other private property located in a
Residential Zoning District at a level of illumination caused by the luminaire equal to or greater
than 0.5 footcandle on the other private property creates a presumption that it is a public
nuisance. Such fixtures shall be altered to reduce the level,of illumination in the Residential
Zoning District to less than 0.3 footcandle within 30 days of receiving a written notice from the
City Manager or his/her designee. If the owner or occupier of the property containing the
nuisance fails to correct the level of illumination within such 30-day period, such failure to
correct shall be deemed to be a continuing violation of this section.
(g) Lighting Plan Requirements. An outdoor lighting(photometric)plan shall be submitted in conjunction
with the building permit application for any new development not in an R-1 or R-2 Zoning District and
for any expansion of more than 20 percent of the building or site area. No building permits shall be
issued for said development until the photometric plan has been approved by the City as being
consistent with the terms of this section. A photometric plan shall include the following:
(1) The location and height above grade of each light fixture.
(2) The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of
each light source with intensity reading points no greater than 30 feet apart.
(3) The type of fixture(such as floodlight,full-cutoff, lantern, coach light).
(4) Estimates for site illumination resulting from the lighting, as measured in footcandles, should
include minimum, maximum and average illumination. Comparable examples already in the
community that demonstrate technique, specification, and/or light level should be provided if
available to expedite the review process.
(5) Hours of illumination.
(6) Certification by the property owner or agent and the preparer of the plan in writing that the
exterior lighting depicted on the plan complies with the requirements of this section. Once the
plan is approved,the exterior lighting of the property shall conform to the plan.
(7) Other information deemed necessary may also be required by the City Manager or his/her
designee to document compliance with the provisions of this section.
(8) If deemed necessary, the City may require the applicanYs outdoor lighting plan to be reviewed
by a lighting consultant at the applicanYs expense.
(h) Requirements for R-1 and R-2 Zoning Districts. The provisions in this subsection (h)apply to the R-
1 and R-2 Zoning Districts.
(1) Lighting levels. The maximum power of any luminaire shall be 150 watts.
(2) Light trespass. All outdoor lighting shall be designed and located such that the maximum
illumination shall not exceed 0.3 footcandle at the lot line.
(3) Security lights. Motion-activated security lights and unshielded floodlights or spotlights are
permitted. However,they must meet the light trespass requirements above.
(i) General Requirements for Other Zoning Districts. The following provisions apply in all areas except
for R-1 and R-2 Zoning Districts.
(1) Lighting Fixtures. All exterior lighting shall use full cut-off luminaires with the light source
downcast and fully shielded,with the following exceptions:
a. Luminaires that have a maximum output of 400 lumens per fixture, regardless of number of
lamps (equal to one 40-watt incandescent light), may be left unshielded provided the
luminaire has an opaque top or is under an opaque structure.
b. Luminaires that have a maximum output of 1,000 lumens per fixture, regardless of number
of lamps (equal to one 60-watt incandescent light) may be partially shielded provided the
lamp is not visible, and the luminaire has an opaque top or is under an opaque structure.
c. The City Manager or his/her designee may permit alternatives to full-cut off fixtures if there
is a City-approved area lighting plan. In order for the area lighting plan to be approved, it
must be demonstrated that undesirable off-site impacts stemming from the luminaires are
reduced by the fixture design or location.
d. Uplighting/accent lighting described in this section.
(2) Light Trespass. Outdoor lighting shall be designed and located such that the maximum
illumination shall not exceed 0.5 footcandle at the lot line.
(3) Mounting Height. Luminaire height includes base and pole height. Freestanding luminaires are
permitted to be a maximum of 30 feet in height, except for the following:
a. When a luminaire is located within 500 feet of an R-1 or R-2 residential property the
maximum permitted luminaire height shall be 25 feet and the lights shall be shielded.
b. The top exterior deck of parking garages shall be treated as normal pole mounted lighting
rather than as lights mounted to buildings. The maximum height for light poles in these
locations shall be 20 feet and light poles shall be located at least 20 feet from the perimeter
of the parking deck.
c. Freestanding luminaires used for walkways, plazas and other pedestrian areas are
permitted to be a maximum of 18 feet.
(4) Timers, Dimmers, and Sensors. Lighting installation shall include timers, dimmers, and/or
sensors to reduce overall energy consumption and eliminate unneeded lighting.
(5) Curfew. Lighting systems described below for parking lots, service stations, and auto sales
areas shall be extinguished or reduced in lighting by at least 50 percent beginning one hour
after close of business and continuing until dawn or start of business, whichever is sooner. The
reduction shall be determined as an overall average for the site. This provision does not require
parking lot lighting levels to be reduced to less than 0.2 footcandle.
Q) Speci�c Requirements for Parking Lot Lighting. The following specific lighting level requirements
apply only to parking lot lighting.
(1) Open-Air Parking Lot Lighting Standards. The table below establishes open-air parking lot
lighting standards. For multilevel parking facilities, the roof level shall be considered an open-air
parking lot.
.._.._ ._._ _____�__ _..._____._�._.. _____
�.._.__.___�._ _._______...�.__..__.__.__.__�__...r�..________ ,
Basic Enhanced �
, Level Security Level*
� ' �
�. ._.�_____._.____.
_.______,___�.__�_ � ____...__._ ---._._ ___._.___ _.____._. ..._._----_ ._._� _._..
Minimum footcandles on pavement � 0.2 fc 0.5 fc �
' � ---___-- -- --- ------ ----�
r___ _,__.__n______-- ------____._______. _ _.__---_._ _...__w_._.._ __._____� __.....__. ___
Maximum footcandles on pavement i 4.0 fc � 7.5 fc �
i
r.._ .. __.____�__.._.._ ._.w.__ __.__ __.__ _._. ..,_ .,__--.. _ . . _. _....T. _.. _.. __. . _r _...... __ ;
Uniformity ratio maximum: minimum � 20:1 �� 15:1 �
I ;
'''When requested by the property owner, the City Manager or his/her designee may increase
from basic to enhanced security lighting levels when personal security is an issue. The City
Manager or his/her designee may consider specific site characteristics, level of vehicle and
pedestrian conflict, special security needs, and history or likelihood of crimes in making the
determination.
(k) Specific Requirements for Service Stations. The following specific requirements apply only to
service stations:
(1) Canopy Lighting.
a. Lighting fixtures mounted under canopies used for vehicle shelter shall be aimed
downward and installed such that the bottom of the light fixture or its lens, whichever is
lower, is recessed or mounted flush with the bottom surface of the canopy.A full cutoff light
fixture may project below the underside of a canopy. All light emitted by an under-canopy
fixture shall be substantially confined to the ground surface directly beneath the perimeter
of the canopy.
b. Lights shall not be mounted on the top or sides (fascias) of the canopy, and the sides
(fascias)of the canopy shall not be internally illuminated.
c. Light levels shall not exceed 12 footcandles average maintained at the perimeter of the
canopy and measured at ground level.
(2) lllumination Beyond Canopy Perimeter. The illumination 20 feet beyond the perimeter of the
canopy shall be a minimum of two footcandles and a maximum of five footcandles.
(3) Exceptions to Lighting Level Standards. At the discretion of the City Manager or his/her
designee, increased lighting levels may be permitted for enhanced security purposes only.
(I) Specific Requirements for Auto Sa/es Areas. The following specific requirements apply only to auto
sales areas:
(1) Lighting Levels. Lighting levels shall not exceed a maximum of 20 footcandles within an auto
sales area.
(2) Light Uniformity. The maximum uniformity ratio(maximum illumination to minimum illumination)
throughout an auto sales area shall not exceed 30:1.
(m) Requirements for Uplighting and Accent Lighting.
(1) Architectural features may be illuminated by uplighting, provided no glare or light trespass is
produced.All floodlights or other lighting attached to poles to illuminate buildings are prohibited.
(2) For statues, public art, or other objects of interest that cannot be illuminated with downlighting,
upward lighting may only be used that is confined to the illumination to the object of interest.
(3) Uplighting of flags is permitted with a limit of three luminaires per flag pole with a maximum of
150 watts from each luminaire. The fixtures must be shielded such that the light source is not
visible outside of a 15-foot radius.
(n) Temporary Lighting.
(1) Lighting used to illuminate temporary uses shall be reviewed, and if necessary conditioned,
through the temporary use permitting process.
(2) The City Manager or his/her designee may impose specific conditions for the lighting of
temporary uses consistent with the purposes of this section.
(Code 1988, § 11.73; Ord.No. 365,2nd Series, 3-23-2007)
Sec. 113-154. -Telecommunications Facilities.
(a) Purpose. The purpose of this section is to provide for and regulate the design, location, placement,
construction, maintenance, and removal of telecommunications facilities; to provide safety and
emergency services through the use of telecommunications facilities; to provide broader forms of
communication in a more reliable way; to ensure such telecommunications facilities are unobtrusive
in appearance and location and do not detract from the character of the City's residential
neighborhoods and historic architecture; to provide clear standards governing all aspects of such
telecommunications facilities; to encourage co-location and shared use of telecommunications
facilities and support structures; and to allow new telecommunications towers only when a
demonstration of need satisfactory to the City can be shown in order to protect property values and
preserve the image of the City.
(b) De�nitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Antennas: A device placed outdoors and mounted on the rooftop or facade of a building or other
support structure and used to transmit and/or receive radio or electromagnetic waves. The definition
of the term "antennas" does not include satellite dishes six feet in height or shorter, whip antennas
one inch or less in diameter, or television antennas having a total length of six feet or less,which are
located on a dwelling or other permitted building.
Co-locate or Co-location: To place, mount, install, operate, modify or replace a telecommunications
facility on an existing telecommunications tower or wireless support structure that is owned privately
or by a local government unit.
Eligible Facilities Request: A request made by an owner/operator pursuant to 47 USC 1455(a) and
47 CFR 1.40001(c), as the same may be amended, to modify an existing telecommunications facility
that does not result in a substantial change to the physical dimensions of the telecommunications
facility.
Micro Wireless Facility: A wireless facility that is no larger than 24 inches long, 15 inches wide, and
12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
Monopole:A freestanding, self-supporting telecommunications tower which uses a single pole, does
not use a lattice design, and has no guy wires.
Satellite Dish or Satellite Antenna: A round, conical or cone-shaped device more than 18 inches in
diameter, placed outdoors on the ground or on a building or structure, and used to transmit and/or
receive radio or electromagnetic waves.
Small Wireless Facility:
(1) A wireless facility that meets both of the following qualifications:
a. Each antenna is located inside an enclosure of no more than six cubic feet in volume
or, in the case of an antenna that has exposed elements, the antenna and all its
exposed elements could fit within an enclosure of no more than six cubic feet; and
b. All other wireless equipment associated with the small wireless facility, excluding
electric meters, concealment elements, telecommunications demarcation boxes,
battery backup power systems, grounding equipment, power transfer switches, cutoff
switches, cable, conduit, vertical cable runs for the connection of power and other
services, and any equipment concealed from public view within or behind an existing
structure or concealment, is in aggregate no more than 28 cubic feet in volume;or
(2) A micro wireless facility.
Telecommunications Facility: Towers, cables, wires, lines, wave guides, antennas, wireless facilities
(including small and micro wireless facilities) and any other telecommunications or wireless
equipment or accessories associated with the transmission or reception of communications or
wireless services located or installed on or near a tower or antenna support structure.
Telecommunications Tower.• A self-supporting monopole, poles, or lattice structure constructed at
normal grade and extending into the air at least 12 feet and used to support telecommunications
facilities.
Tower Height: The vertical distance from the average grade at the base of the telecommunications
tower to the highest point of the tower or to the highest point of the highest telecommunications
facilities on the tower whichever is higher.
(c) Demonstration of Need. The applicant shall provide 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 its system and that there is no existing antenna support structure
that could adequately serve the area if antennas were placed on it.
(d) Location of New Facilities. The following preferences, listed in ranked order, shall be followed for a
new telecommunications facility or tower and each preference shall be analyzed to determine the
most appropriate location:
(1) Whenever possible, an existing telecommunications tower, structure or building shall be used
to support the proposed telecommunications facility. If an existing building or structure is used, it
shall be over 35 feet in height. Preference shall be given to existing light poles, high voltage
utility towers and water towers. Public and commercial buildings four or more stories high which
can more likely accommodate telecommunications facilities without obstructing views or being
obtrusive to views shall be given preference over shorter buildings.
(2) Less restrictive (heavier) zoning district shall be given preference over more restrictive zoning
districts.
(3) Sites with the least impact on residential areas shall be given preference over sites in or near
residential areas. Where feasible and practical, telecommunications towers shall exceed the
setback requirements by 50 percent when located adjacent to a property zoned residential.
Also,where feasible and practical, antennas on lots zoned R-3 or R-4 shall be located discreetly
on building rooftops or facades rather than on a new monopole.
(4) In all cases, except for nonconforming existing telecommunications towers, the location must
meet the zoning requirements.
(5) Amateur radio towers in the R-1 and R-2 Zoning Districts are not required to co-locate.
(e) Where Allowed. Telecommunications towers and antenna facilities shall be allowed in the City's
zoning districts as specified in this section, provided that all of the requirements of this section are
met.
(f) Administrative Review. Notwithstanding the height restrictions of each zoning district, the following
uses shall be permitted in all zoning districts, subject to administrative review and approval by the
City Manager or his/her designee and the design and performance standards set forth in this section:
(1) Antennas 15 feet in length or less when located on an existing building or structure
(2) Satellite dishes meeting the following diameter and height limitations:
�.......__.__.�...�....___._. _..__,..._.._,_��._.._�. __.____..a_..r.._�a___�.._.v_�._... _._.__..._ .. ._._.._.._... .. _ . .. .__._._.
� � Maximum HeightM �
Zoning Districts Maximum Diameter � (if located on the ground) �
,
�
� .....___.w.._._..___....�__.....�_..�._..-----._s_____.--...�_....._e�_..-_��_.._�___.___�.._....__..___.�._._..___ ._��._.._.__�.�.�. ___.__..__._ .___._m.v....__..�._..
R-1 and R-2 � One meter(3.28 feet) � 10 feet �
,
;
r.��_ . _._._...._.._. .__.___.s,_v._..._...._m.._..,._._......_-`.___.�.._.. .�.�__._._..,__-_---__..e _.__..__ ._......_�._......_....,---__._......._� .._...
R-3 and R-4 � One meter(3.28 feet) 10 feet ;
� _
�
, _. .._._.. . _._ �.___ _ _M_.... _�_ .__��_r__ ; _.__ ___--_ . _ ..___ _ __ �_ . _.� ._.__._.__._,___n :
Institutional(except I-5 Sub-District) � Two meters (6.56 feet) � 10 feet �
r_. ____... .._......,�u_......_..._...�...._._ . ...._ _,_. . . . _._...._. _......... .._......_ ..._.�_.__.._. ; ...._ ._.._.....�.......�.._. ._... ....... _._... ;.
Business and Professional Offices � Two meters(6.56 feet) 10 feet a
�
r_,_._.....__.._.. ..._..,_._.__ ._,....___..__._.._.w_.,� ._....._...�_ ,__..._._.__ . __...._..___.__..__.._.M_..,__..__...__....._.__..�..,�._......_...,_._..___
Commercial Two meters(6.56 feet) 10 feet �
� __._.__e. .____�._W �_.n._.________._.._.__..___.._ ______.___.��_._._.�._ __�.._____�_.__ �
__.. _m,.a_... ...._.__.. _____.
Light Industrial i �Two meters (6.56 feet) 15 feet
�
�_�____,_____._. _._...._._..... -.---.___ .� ._,______.__.._._.. _�_�__ _.__... __�.____.�__.____�__ _. .�._. _ ._.___�._--.�_ _�
Industrial � Two meters (6.56 feet) � 18 feet rv� yMW� �
�----_ ----__�._________ _________�_�___.____�___-_-- � -- ______ ___._�__ _ __ ...__�
i-394 Mixed Use � Two meters(6.56 feet)�� 10 feet
�..__.__________ __._�___ ...____ __________.__---___._._�.___._.__. .m._.._____._._..__._____.__ _�_.___.___....._.�
(3) Small wireless facilities not located in the public right-of-way
(4) Small wireless facilities located in the public right-of-way. However, these facilities are
regulated under Chapter 24,Article II, pertaining to right-of-way management
(5) A one-time extension of the height of an existing telecommunications tower by 15 feet or less,
provided that the total height of the telecommunications tower and all antennas does not exceed
the total allowable height pursuant to this section; and
(6) Temporary mobile telecommunications towers may be installed in the R-1 and R-2 Zoning
Districts for emergency purposes only, and in all other zoning districts for testing purposes only,
for a period not to exceed 100 days, subject to the following height limitations:
,__.. .______e__-----
-------._____. ___.__.---
Maximum
' Zoning Districts
Height
,..�__.�_�_..__._ _.___.__ _ __,_______.�
R-1 and R-2(emergency only) � 66 feet
{
�......_._,___,._._�..�__..._� _ ..__.,_._.�,.....v__v___..._.,_ .._......__.._�.....,_.___�__.._.._.�.._.�
R-3 and R-4 � 66 feet �
� _._,_ __�...W�_ __M._��..__...� ...._. _ 3
Institutional(except I-5 Sub District) 100 feet �
� ; ;
{ __..____._____.__ _._____._ _� _ __. � _._..�_ _.___.___�
Business and Professional Offices � 120 feet �
� .___..__.�_ ....._..� _�_.�_.�� ..._._._._..__..... ___._ ,_._�
Commercial �120 feet �
�.._ ____.___..__ .. __._--____.__.__ ___ .z .__� _.____._:
Light Industrial � 200 feet ;
r _...�__..__ ____________. . .-—_ .._____ .�. ---- ___���
Industr�al 200 feet �
� _ ._.�- —,______._.__ _.�_____ _.__._ �_.�.__�_._ _.--.,
I-394 Mixed Use � 120 feet �
, I
(g) Administrative Review Process.
(1) Submittal Requirements. In additional to the general requirements, the applicant shall submit
the following information:
a. Complete site plan, survey, scaled schematic drawings, photographic perspectives,
building elevations, antenna elevations showing the structure and placement of the
telecommunications facility, signed by a registered architect, civil engineer, landscape
architect, or other appropriate design professional
b. Scaled drawings showing the size, location, materials and screening of the
telecommunications facility, including the base unit or antenna support structure and all
antennas and related equipment; and
c. 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
applicanYs system and that there is no existing antenna support structure that could
adequately serve the area if antennas were placed on it.
(2) Appea/s. Decisions regarding the administrative review of permitted telecommunications
facilities shall be subject to appeal to the Board of Zoning Appeals pursuant to this section.
(h) Conditional Uses. The following uses may be allowed as conditional uses, subject to the provisions
of this section:
(1) Antennas exceeding 15 feet in length when located on an existing building or structure
(2) Satellite dishes meeting the following diameter and height limitations:
_._._.._._._e. � ____� _._.._____.._____,
Zoning Districts Max�mum D►ameter Maximum Height �
. .
�____�___________�_____.___..w.�__ .....� __.. _.,��...�___�.....,._._.__..__.___._ _...___._.__________....__.._____..__._..___________f
10 feet or less, if located on the
j R-1 and R-2 2 meters(6.56 feet)or less round
g
I
r_..._._._______._.�_._ _________,_____._,._ .___._____�_____.________.._ __---.__.___.___�.___ , __,____._.,__._� ___.s
! 10 feet or less, if located on the �
'�, R-3 and R-4 2 meters(6.56 feet)or less �
� ground
r -._________.._. __ .___.______�_. _..___. ____________ _ ______:..________ ___ __.. __.��.___�.__.__.__ _--._..�
! Institutional(except I-5 Sub- � 10 feet or less, if located on the
2 meters (6.56 feet)or less
District) � ground
� ___ .__ _ __ ___.______ _ .______________ _.__.__. _ _____._ _____� ._ _.___.._._ ._.____.._ ___.._.___ ____.__ _
' 9 meters(29.52 feet)or 30 feet or less, if located on the �
I Business and Professional Offices
less ground ;
I
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9 meters(29.52 feet)or � 30 feet or less, if located on the �
Commercial
less i ground j
r_._...___.__�_._ . ___._w_ _ .___._ __.__..__ _._._______�_._____.---.___ ,__ __�__.___—_ ._..._-----___.__ �_ _ ._.___ .___1
' � 9 meters(29.52 feet)or � 30 feet or less, if located on the �
, Light Industrial
less � ground j
' i �
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�...-._-._..�.,.�. ...... .___. ._.. .... . _. _� ._...�...._._.. . , . ..__.. _.._._............ _._..�..
Industrial i
9 meters (29.52 feet)or � 30 feet or less,if located on the ;
less ground
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9 meters(29.52 feet)or 30 feet or less, if located on the (
I-394 Mixed Use
less ground
_._.__�___. _.___. .._ ,......__m�w.__._ � ... __._. ___�._n.._..___,._ __._ _._. ..___....___.__...�__._..__w___.�.m.._ . __.___. .._��
(3) Telecommunications towers meeting the following height limitations:
,_.�.__..__.__.__._�.___v�__...e_ _.�..._..__.._.._________.,.___ _____.__ _�____..___..�..,. �.___..__._w.____--____.,_____._____
Zoning Districts � Maximum Height
,
f"""__"'_"'_y.v_ __._.___.�.�_ .�..��____.�, �_._.�._.__.._��_____��_____. .d._._.__���._.� .�.,._�_.
Prohibited,except for amateur radio towers 45 feet or less used by a
R-1 and R-2
' licensed amateur radio operator residing on site.
r --.._____.�._._. __...._.__._....._..._..__ .__.__...__.._._..._r._._. .___..----__.__....___._. --_..._�__--.. _..__._._____�._�_......___.___....__._.�__...__ _....--
� R-3 and R-4 � 75 feet
;
;���._____�_ _��_._ �v____.._�_.. ---__.______.__.._______.
', Institutional (except I-5 T
; � I ��� 100 feet
Sub-District) f
�_�________ _�( __,..,__�___.�____�._'_s�
, Business and Professional ------_. ____.__._._._____.._.___.___
Offices 120 feet
�__ _______�...__._ __._��.____-----_______�______ ____ �__�.______.----_._.�___._._______
Commercial � 120 feet
r---' ____ �____�__________. .__...__ __,__...� .. __ ____._._____.___-------�
---_ .._. �------___ .�_____._._r _____.___w____.._. _
Light Industrial � 200 feet �
;.�._�...__,�___�_____._ _..._�.:_._._.._��.� __� _......�_.___..__..___..____.._._____.__....___.._v___,..�.._._._...� ..___._.._.4__.._,__u. ____._.__.__.
Industrial �� 200 feet
,-_.__.__.___.__..__._.__..______._ ._.._�_.� r____._,_._ .___.__.._._....�.___.___m _____.__._.__.._._�.,___....._.�.._._._.,�_.....�__.__._� ._._�;
, I-394 Mixed Use � 120 feet
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(i) Conditional Use Review Process.
(1) Submittal Requirements. In additional to the general conditional use requirements, the
applicant shall submit the following information:
a. Complete site plan, survey, scaled schematic drawings, photographic perspectives,
building elevations, antenna elevations showing the structure and placement of the
telecommunications facility, signed by a registered architect, civil engineer, landscape
architect, or other appropriate design professional
b. Scaled drawings showing the size, location, materials and screening of the
telecommunications facility, including the base unit or antenna support structure and all
antennas and related equipment; and
c. 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
applicanYs system and that there is no existing antenna support structure that could
adequately serve the area if antennas were placed on it.
(j) Design and Performance Standards for All Permitted and Conditional Telecommunications Facilities,
Towers, and Antennas. The following design and performance standards are hereby established to
meet the objectives of the City and the purposes of this section:
(1) Telecommunications Towers. If a new telecommunications tower over 60 feet in height is to be
constructed:
a. The telecommunications tower must be designed to accommodate both the applicant's
antennas and antennas for at least one additional comparable user
b. The telecommunications tower must be designed to accept antennas mounted at additional
heights
c. The applicant, the telecommunications tower owner, the landowner, and their successors
must allow the shared use of the telecommunications tower if an additional user agrees in
writing to meet reasonable terms and conditions for shared use; any such agreement shall
require that disputes be submitted to binding arbitration; all interested parties must sign the
conditional use permit agreeing to these requirements.
(2) Placement. New telecommunications towers shall be placed on the site or within the site so as
to be visually as unobtrusive as possible and existing trees and landscaping which can screen
the telecommunications tower shall be preserved. Placement of new telecommunications
towers or telecommunications facilities shall be consistent with the City's Natural Resource
Management Plan and the Stormwater Management Plan to consider wetlands, floodplains,
steep slopes, quality of existing vegetation, and utility, recreational, or other public purposes or
uses of the property.
(3) Interference. The placement, design, use, and operation of the telecommunications facilities
shall comply with the Telecommunications Act of 1996 and the rules and regulations of the
Federal Communications Commission.
(4) Setbacks.
a. No telecommunications tower shall be located in the required minimum front, side, or rear
yard building setback of any lot.
b. Exceptions. Use of existing light poles, high voltage poles or towers, and
telecommunications towers are exempt from the setback requirements provided that such
pole or telecommunications tower is not increased in height.
c. Satellite dish. In the Institutional, Business and Industrial Zoning Districts, no satellite dish
greater than two meters (6.56 feet) in diameter shall be located in the minimum required
front or side yard setbacks.
(5) Ground Structures. If the ground structure is a building, the design shall be compatible with the
principal building. If no principal building is on the site, the building must be compatible with
nearby buildings. Structures which are not buildings must be designed to be compatible with the
area.
(6) Structural. Telecommunications towers shall be approved by a licensed and qualified
professional structural engineer to conform to the lateral and other structure standards of the
most current uniform building code and to be structurally sound for conditions reasonably likely
to occur on or near the site and be capable of carrying at least four separate antenna arrays if
the telecommunications tower is higher than 130 feet. All other applicable requirements of other
Federal, State, and other regulatory agencies must be met.
(7) Guy Wires. Guy wires are prohibited for new telecommunications towers.
(8) Security. Reasonable security measures shall be provided. If fencing is used, it must be
decorative and landscaping shall be used to soften its impact.
(9) Lighting. No telecommunications towers or antennas shall be artificially illuminated unless
required by law or the Federal Aviation Administration. This provision does not prevent general
exterior lighting of a building or steeple to meet aesthetic or functional objectives provided such
lighting otherwise meets the provisions of the code.
(10) Signs. No sign shall be located on a telecommunications tower or antenna except to provide
necessary information as required to meet Federal, State, or local laws.
(11) Landscaping and Screening. All telecommunications towers and related building facilities shall
be landscaped and screened with natural vegetation to lessen the visual impact. The natural
vegetation on the site shall be documented on the site plans and drawings submitted to the City
Manager or his/her designee during the review and approval process. Suitable existing
vegetation shall be retained to the extent possible based on an analysis of the site. New
landscaping shall be shown on a landscape plan, which will be reviewed as part of the
conditional use permit application.
(12) Color. The finished color for the telecommunications tower shall be natural for the
environment and setting and shall be permanent(e.g., anodized, baked enamel).
(13) Access. Adequate access to the telecommunications facility must be provided from a public
right-of-way to the telecommunications facility consistent with the type of facility constructed.
(14) Parking. No off-street parking is required for telecommunications towers or antennas.
However, if off-street parking is provided, it shall have a suitable base and be landscaped along
the outside perimeter.
(15) Antenna Locations and Mounting. The location and mounting of antennas on buildings and
structures shall be done in accordance with the following:
a. If mounted at the top of a telecommunications tower so that any portion of the antenna
extends above the top of the tower, such extension is included in determining the height of
the tower.
b. If mounted on a public water tower, light pole, high voltage utility pole, steeple or similar
structure, preference shall be given to placing the antennas on the side or on the support
portion of the structure instead of on top of the facility.
c. If mounted on a building, preference shall be given to placing the antenna on the side of
the building mounted flush with the building and colored to match the background instead
of a location on top of the building. However, any antenna mounted on the side of a
building shall not extend above the roofline. (Satellite dishes may be more appropriately
located on the roof and screened from view.)
,
d. If mounted on the top of a building, preference shall be given to placing the antennas in the
center portion of the building. In no event shall a rooftop antenna be located closer than 10
feet from all outside edges/perimeter of the building.
e. Antennas located on the side or top of a building or structure shall be designed, colored,
and maintained to blend in with the color and architecture of the building or structure.
(k) Additional Standards for Public Property. The City recognizes that in certain locations and in certain
circumstances it is appropriate public policy and in the best interest of the community to allow using
some public land and structures for telecommunications facilities because it may provide efficient
use of resources and may reduce clutter by using existing facilities. Accordingly, the City supports
consideration of the following when applications meet all other provisions of this section:
(1) Encouraging and allowing the City's high voltage electric utility towers, some of which are in
public rights-of-way, to be used as telecommunications towers in accordance with Minn. Stats.
ch.237.
(2) Encouraging and allowing existing City light and utility poles within the public right-of-way to be
used as telecommunications towers in accordance with State law and subject to approval by the
City Manager or his/her designee based on requirements set forth in Chapter 24, Article II,
pertaining to right-of-way management.
(3) Encouraging and allowing the use of the tower located on MnDOT property at the northwest
quadrant of Trunk Highway 100 and Duluth Street.
(4) Allowing public land and structures to be used for telecommunications facilities, but not in
neighborhood parks as defined by the Comprehensive Plan. On school sites,
telecommunications towers shall not exceed 100 feet.
(I) Nonconforming Facilities. Legal nonconforming telecommunications facilities may be structurally
altered to carry additional antenna arrays, provided that:
(1) The overall height of the telecommunications facility is not increased.
(2) The location of the telecommunications tower and the proposed change is not adverse to the
use and enjoyment of the adjacent property.
(3) The proposed change and plan meets the design and performance standards set forth in this
section to the extent reasonably possible.
(4) A review is made by the City allowing the change and subject to plans and conditions
agreeable to the City and applicant.
(m) Inspection. The City may inspect telecommunications towers, antenna support facilities, and the
property on which such facilities are located to determine compliance with the City Code, City
ordinances, regulations, and conditions of approval. The City may require repair or modification of
the facility, site maintenance, or removal of the facility based on the results of the inspection.
(n) Maintenance. Telecommunications towers and antennas and the site upon which they are located
must be maintained in accordance with the following provisions:
(1) Telecommunications tower owners must employ ordinary and reasonable care in construction
and use commonly accepted methods and devices for preventing failures and accidents that are
likely to cause damage, injuries, or nuisances to the public.
(2) Telecommunications tower owners must install and maintain telecommunications towers,
telecommunications facilities, fixtures, and other equipment in compliance with the requirements
of the National Electric Safety Code and all Federal Communications Commission, State and
local regulations, and in such a manner that they will not interFere with the use of other property.
(3) Telecommunications towers, telecommunications facilities, antenna support structures, and
landscaped areas must be kept and maintained in good condition, order, and repair.
(4) Maintenance or construction on telecommunications facilities, telecommunications towers, or
antenna support structure must be performed by qualified maintenance and construction
personnel.
(5) Telecommunications towers and antennas must comply with radio frequency emissions
standards of the Federal Communications Commission.
(6) If the use of a telecommunications tower is discontinued by the tower owner or lessee, the
tower owner or lessee must provide written notice to the City of its intent to discontinue use and
the date when the use will be discontinu�d.
(o) Removal. Any Telecommunications Tower or Antenna which is not used for 12 months shall be
removed along with any associated above-ground facilities within 90 days of said 12 months unless
an extension is approved by the City Council prior to the expiration of said 90 days. Failure to
remove a telecommunications tower or antenna as provided by this subsection shall be deemed a
nuisance and the City may act to abate such nuisance and require removal at the property owner's
expense.
(p) Eligible Facilities Request. Notwithstanding the foregoing, nothing in this section shall be read to
allow the City to prohibit or deny an eligible facilities request.
(Code 1988, § 11.71; Ord. No. 271, 2nd Series, 11-15-2002)
Sec. 113-155.-Wind Energy Conversion Systems.
(a) Purpose. The purpose of this section is to allow for and regulate the location, placement, design,
and maintenance of wind energy conversion systems, which are not otherwise subject to siting and
oversight by the State, to ensure such facilities are appropriately located and are used in a safe and
effective manner.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Height: The height of a freestanding wind energy conversion system shall be measured as the
distance from ground level to the highest point on the wind energy conversion system, including the
vertical length of any extensions including without limitation the rotor blade at its highest point in
rotation. The height of a building mounted wind energy conversion system shall be measured as the
distance from the point where the base of the system is attached to the building or to the lowest point
on the wind energy conversion system, whichever is closer to the ground, to the highest point on the
wind energy conversion system, including the vertical length of any extensions, including, without
limitation, the rotor blade at its highest point in rotation.
Monopole: A freestanding, self-supporting tower which uses a single pole, does not use a lattice
design, and has no guyed wires.
Wind Energy Conversion System: Any electrical generating facility that converts wind energy to
electrical energy, such as a windmill or wind turbine, and associated and accessory facilities,
including without limitation, the support structure of the system.
(c) Conditional Uses.
(1) Mounted wind energy conversion systems shall be allowed by a conditional use permit in all
zoning districts except in the R-1, R-2, R-3, R-4, and Shoreland Overlay Districts, subject to
administrative review and approval by the City Manager or his/her designee, so long as they
meet the following requirements:
a. Mounted wind energy conversion systems shall not exceed 15 feet in height from the base
to the top of the rotor blade in all zoning districts.
b. No mounted wind energy conversion system shall be established on a zoning lot less than
one acre in area. A maximum of one mounted wind energy conversion system per acre of
lot area shall be allowed.
c. On buildings less than three stories and 32 feet in height, mounted wind energy conversion
systems shall be set back at least 10 feet from the front, side, and rear walls of the
structure upon which the wind energy conversion system would be mounted.
d. Mounted wind energy conversion systems shall be placed no lower than the primary
roofline.
e. The base of the mounted wind energy conversion system shall maintain a minimum
distance from any overhead utility to twice the height of the mounted wind energy
conversion system.
f. The structure upon which the wind energy conversion system is mounted shall have the
structural integrity to carry the weight and wind loads of the wind energy conversion system
and have minimal vibration impacts on the structure. The Building Official shall make a
determination as to whether a structural engineer report is necessary.
g. A building permit shall be obtained before a mounted wind energy conversion system is
placed on a structure.
(2) Freestanding wind energy conversion systems shall be allowed by a conditional use permit in
all zoning districts except in the R-1, R-2, R-3, R-4, and Shoreland Overlay Districts, subject to
administrative review and approval by the City Manager or his/her designee, so long as they
meet the following requirements:
a. The height of freestanding wind energy conversion systems shall be no more than 60 feet
on lots between one and five acres and shall be no more than 120 feet on lots of more than
five acres in area.
b. No freestanding wind energy conversion system shall be established on a lot less than one
acre in area. A maximum of one freestanding wind energy conversion system per acre of
lot area shall be allowed.
c. The minimum clearance between the ground and the vertical length of any extensions such
as the rotor blades shall be 15 feet.
d. The base of the wind energy conversion system shall maintain a minimum distance from
any overhead utility lines equal to twice the height of the wind energy conversion system.
e. The base of the wind energy conversion system shall maintain a minimum distance from
the nearest residential structure equal to at least 500 feet.
f. All electrical wires associated with a freestanding wind energy conversion system shall be
located within the tower and underground.
g. All sites shall be reasonably secured. The bottom of the wind energy conversion system,
measured from ground level to 12 feet above ground level, shall be designed in a manner
to discourage unauthorized climbing. If fencing is used, it must be decorative and
landscaping shall be used to soften its impact.
(d) Submittal Requirements.
(1) The City shall have up to 60 working days following the submittal of a complete application to
approve or deny such application. The City may impose such conditions and require such
guarantees deemed reasonable and necessary to protect the public interest and to ensure
compliance with the standards and purposes of this Zoning Code and policies of the
Comprehensive Plan.
(2) The applicant shall submit the following:
a. A completed application for a conditional use permit in accordance with the City Code.
b. A site plan showing the placement of the wind energy conversion system and its
associated facilities and accessories, the location of lot lines, location and height of
structures, above-ground utilities, location and height of significant tress, setbacks,
easements and rights-of-way, and interconnection points with the grid.
c. A scaled drawing showing the dimensions of the system including the type of wind energy
conversion system and the name plate generating capacity.
d. Documentation from the local utility showing that the wind energy conversion system is
compliant with regulations related to utility connections if the system is to be connected to
utility lines.
(e) Design and Performance Standards. Design and performance standards are hereby established to
meet the objectives of the City and the purposes and other provisions of this chapter. The standards
apply to both mounted and freestanding wind energy conversion systems.
(1) Compatibility with Nearby Properties. Wind energy conversion systems shall utilize building
materials, colors, and textures that are neutral and compatible with the existing principal
structure. Rotor blades shall be non-metallic to prevent communication signal interference.
Metal towers shall be constructed of, or treated with, corrosive resistant material. Unpainted,
galvanized metal or similar towers shall be prohibited.
(2) Compliance. All systems shall be designed, constructed, and operated in compliance with all
applicable Federal, State, and local laws, codes, standards, and ordinances, as well as adhere
to the requirements of local utilities if connected to utility lines.
(3) Contro/s and Brakes. All systems shall contain an internal govemor or braking device which
engages at excessive wind speeds, determined by the manufacturer, to minimize the potential
for wind damage to the equipment.
(4) Encroachments and Setbacks.
a. Wind energy conversion systems shall comply with the minimum yard requirements of the
district in which they are located.
b. Wind energy conversion systems shall comply with applicable regulations as established
by the Federal Aviation Administration and State Pollution Control Agency.
c. The base of the wind energy conversion shall maintain a minimum distance from public
right-of-way equal to the vertical height of the system plus 10 feet.
(5) Interference. The wind energy conversion system shall be designed to not cause electrical,
radio frequency, television, and other communication signal interference.
(6) Lighting. Wind energy conversion systems shall not be illuminated by artificial means, except
where the illumination is specifically required by the Federal Aviation Administration or other
Federal, State, or local regulations.
(7) Maximum Capacity. Wind energy conversion systems shall have a rated capacity of not more
than 100 kilowatts.
(8) Maintenance Required. All wind energy conversion systems shall be kept in good repair and
free from rust, damaged supports,framework, or other components.
(9) Noise.Wind energy conversion systems shall comply with the standards governing noise of the
State Pollution Control Agency.
(10) Safety. Wind energy conversion systems shall be designed and operated to reduce the
impact of ice buildup on extensions and ice throw from those extensions.
(11) Signage. Advertising or identification of any kind on wind energy conversion systems shall be
prohibited, except for applicable waming and equipment information signage required by the
manufacturer or by Federal, State or local regulations.
(12) Tower Type. Towers shall be of a monopole design.
(f) Abandoned, Unused, or Inoperable Wind Energy Conversion Systems. All abandoned, unused, or
inoperable wind energy conversion systems shall be removed within six months of the cessation of
normal operations and the property must be restored to its original condition or to an improved
condition unless an extension is approved by the City Manager or his/her designee. If an extension is
not approved, such wind energy conversion system shall be deemed a nuisance, and the City may
act to abate such nuisance and require its removal and the restoration of the site at the property
owner's expense.
(Code 1988, § 11.74; Ord.No. 442, 2nd Series, 7-30-2010)
Sec. 113-156.-Solar Energy Systems.
(a) Purpose. The purpose of this section is to allow for and regulate the location, placement, design,
and maintenance of active and passive solar energy systems to ensure such equipment are
appropriately located and are used in a safe and effective manner.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Building Integrated So/ar System: A solar energy system that is directly integrated into the building
by replacing typical building materials.
Flush Mounted Solar System: A solar energy system that is installed on the roof of a building in
which the solar panels are parallel with the finished roof materials.
Ground Mounted So/ar System: A solar energy system that is installed directly onto the ground by
means of brackets or poles.
Non-Flush Mounted So/ar System:A solar energy system that is installed on the roof of a building at
a different pitch than the finished roof surFace.
Solar Energy System: A device, structure, or part thereof that transfers direct solar energy into
thermal, chemical, or electrical energy.
Solar Garden: A community shared solar energy system with linked subscribers or leased panel
members.
(c) Permitted Use Where Allowed.
(1) Building mounted solar energy systems shall be allowed in all zoning districts, subject to
administrative review and approval by the City Manager or his/her designee, so long as they
meet the following requirements:
a. Flush-mounted solar systems shall not exceed the designated height requirement of the
principal structure in all zoning districts.
b. Non-flush-mounted solar systems shall extend no more than three feet directly above the
surFace of a roof at any point.
c. The structure upon which the solar energy system is mounted shall have the structural
integrity to carry the weight of the solar energy system.
d. A building permit shall be obtained before a mounted solar energy system may be placed
on a structure.
(2) Building integrated solar systems shall be considered a part of the structure rather than a
separate entity. Building integrated solar systems need to follow the regulations set by the
building code.
(3) Ground mounted solar systems shall have a maximum height of 10 feet.
(4) Ground mounted solar systems shall be set back a minimum of five feet from all lot line from
the outermost perimeter of the solar panel.
(5) Solar gardens shall be permitted with a conditional use permit.
(d) Design and Performance Standards. Design and performance standards for solar energy systems
are hereby established to meet the objectives of the City outlined in the Comprehensive Plan and the
purpose and other provisions of this section.
(1) Compatibility with Nearby Properties. The visual impact of rooftop equipment on nearby
properties shall be minimized through such means as location on the roof,flush-mounting to the
roof, screening, or other integration into the roof design. Screening shall be of durable,
permanent materials that are compatible with the primary building materials. Screening shall be
done to the extent possible without reducing the system's efficiency.
(2) Compliance.
a. Solar energy systems shall be designed, constructed, and operated in compliance with any
applicable Federal, State, and local laws, codes, standards, and ordinances, as well as
adhere to the requirements of local utilities if connected to utility lines.
b. Solar energy systems shall comply with applicable regulations as established by Chapter
1325 of the Minnesota State Building Code and the National Electrical Code(NFPA 70).
(3) Interference. Solar energy systems shall be designed to not cause electrical, radio frequency,
television, and other communication signal interFerence.
(4) Installation. Solar energy systems shall be installed only by licensed contractors.
(5) Maintenance. Solar energy systems shall be kept in good repair and free from damaged
supports, mounts, framework,or other components.
(Code 1988, § 11.75; Ord.No. 506, 2nd Series, 11-15-2013)