(revised 1/31/11)

   Subd. 1   Time of Construction. No accessory structure shall be constructed on any lot prior to the time of construction of the principal structure to which it is accessory.

   Subd. 2   Height.

      A.   R-1, R-2, and R-3 Districts. Accessory structures in the R-1, R-2, and R-3 Districts shall not exceed fifteen feet in height or the height of the principal structure to which it is accessory, whichever is lower.

      B.   All Other Districts. Accessory structures in all other Zoning Districts shall not exceed the height of the principal structure to which it is accessory.

   Subd. 3   Location. (revised 7/7/11)

      A.   Accessory structures in the R-1, R-2, or R-3 Districts shall not be located nearer the front lot line than the front yard setback line for the principal structure to which it is accessory. Accessory structures as permitted and regulated in this Code may be located within the rear yard of the principal structure in the R-1 and R-2 Districts.

      B.   Detached accessory garages may be located in the front yard (between dwelling and street) of a lakeshore property provided all of the following are met:

         1.    Detached garages shall not be located within the minimum front yard setback.

         2.    Color and roof material of detached garages shall match or complement the existing primary residential structure, and shall conform to all other requirements for the zoning district.

   Subd. 4   Size. (revised 2/9/11)

      A.   R-1, R-2, and R-3 Districts.

         1.    Accessory structures associated with residential uses shall not exceed seven hundred and twenty-eight (728) square feet in floor area. Accessory structures associated with non-residential uses shall not exceed two thousand one hundred eighty-four (2,184) square feet in floor area; and,

         2.    The total floor area of accessory structures located in the rear of a principal structure, the total floor area of all such accessory structures shall not exceed twenty-five (25) percent of the minimum required rear yard area for the principal structure; and,

         3.    No more than two (2) accessory structures shall be permitted on a lot primarily used for residential uses.

      B.   All Districts. Accessory structures in all zoning districts shall not cause the property to exceed any of the regulations of the underlying Zoning District in Section 1320.

   Subd. 5   Permanent Accessory Structures.

      A.   Site Plan Review. Permanent accessory structures in any district, except residential uses in the R-1, R-2, and R-3 Zoning Districts, and on through lots in the R-1, R-2, and R-3 Zoning District, shall be subject to Site Plan Review and Council approval.

      B.   Exterior Finish. The exterior finish of accessory structures shall be compatible in appearance and material used with the principal structure served by the accessory structure except as provided for in Chapter 1325.01 Subd 5.C of this code.

      C.   Membrane Structures. Membrane Structures (as that term is defined in the International Building Code) may be permitted in the B-1, B-2, B-3, B-4, N-B, I-1, I-2, and I-Flex Districts subject to Site Plan Review and City Council approval.

   Subd. 6   Temporary Accessory Structures. A temporary accessory structure, including membrane structures (as that term is defined in the International Building Code), may be permitted subject to the following provisions:

      A.   Temporary accessory structures may be in place for up to six (6) months in the B-1, B-2, B-3, B-4, NB, GB, CC, I-1, I-2, and I-Flex Districts with an approved permit from the Building Official. The Building Official may deny a permit for a temporary accessory structure or limit the size, time, place, or other feature(s) of the accessory structure if the Building Official finds that the accessory structure would create a negative impact on the property on which it is placed or other properties in the City.

      B.   Temporary accessory structures are allowed for up to two (2) days in a given thirty (30) day period without a permit in the R-1, R-2, R-3, R-4, B-1, B-2, B-3, B-4, NB, GB, CC, I-1, I-2, and I-Flex Districts subject to all of the following provisions:

         1.   The temporary structures shall not be permanently attached to the ground;

         2.   The temporary structure shall not be attached to other permanent structures.

         3.   The temporary structure shall only be used for non-commercial purposes.

   Subd. 7   Accessory Structures in Exceptional and Unusual Circumstances in all Zoning Districts (revised 2/9/11). Deviations from these requirements may be permitted after Planning Commission review and City Council approval of a site plan in accordance with Section 1355.04 Subd 5 and with documentation showing the unusual circumstances justifying the proposed deviation and plans for the proposed accessory structure. Under no circumstances shall the total floor area of an accessory structure associated with a residential use in the R-1, R-2, and R-3 districts exceed one thousand four hundred and fifty-eight (1,458) square feet without an approved variance that meets the requirements of Section 1355.04 Subd 4. Under no circumstances shall the total floor area of an accessory structure associated with a non-residential us in the R-1, R-2, and R-3 districts exceed two thousand one hundred eighty-four (2,184) square feet without an approved variance that meets the requirements of Section 1355.04 Subd. 4.

   Subd. 8.   Temporary Family Health Care Dwellings. Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City opts-out of the requirements of Minn. Stat. § 462.3593, which defines and regulates Temporary Family Health Care Dwellings. (added 8/8/16)

   Subd. 1   Accessory Retail Sales, Processing, and Storage. Accessory retail sales shall be permitted in industrial districts, and accessory processing, assembly, repair, and storage of materials shall be permitted in business districts when such uses are directly associated with the principal use, and when such accessory uses are clearly incidental.

   Subd. 2   Day Care Facilities for Houses of Worship and Schools. Day care facilities for over ten (10) persons shall be considered as accessory uses for houses of worship and schools within all residential districts if located in the principal building.

   Subd. 3   Home Occupations. Home occupations are allowed as either accessory uses or conditional uses depending on the characteristics of the operation.

      A.   All home occupations shall comply with the following conditions:

         1.    It shall not result in traffic, parking, noise, light, fumes and odors to such an extent that it is noticeable that the property is being used for non-residential purposes.

         2.    It shall be conducted entirely within the dwelling.

         3.    There is no exterior evidence of the home occupation.

         4.    It does not require any special entrances to the dwelling.

      B.   Class I Accessory Home Occupations.

         1.    Home Occupations will be permitted as accessory uses if they meet the conditions stipulated in the home occupation definition and following conditions:

            a)   The business is engaged only by the occupants of the premis-es;

            b)   The business activity does not occupy more than twenty-five (25) percent of the gross floor area of the dwelling;

            c)   There will be no patrons visiting the premises;

            d)   It requires no delivery of products other than those delivered by private passenger vehicle.

         2.    Applicants for Class I Accessory Home Occupations shall be required to obtain an Accessory Home Occupation Permit from the City prior to engaging the activity. Review by the Planning Commission and City Council is not required. Application forms as prescribed by the Administrator shall be accompanied by the following information:

            a)   A photograph of the residence;

            b)   A floor plan indicating the floor area to be used by the home occupation along with a tabulation of the total floor area and the floor area to be used for the home occupation;

            c)   A statement describing the home occupation and the compliance with the required conditions; and,

            d)   A copy of the state or county license or permit if such a license or permit is required by the state or county for the proposed home occupation.

      C.   Class II Conditional Accessory Home Occupations.

         1.    Home occupations may be allowed by Conditional Use Permit as regulated in Section 1355.04 Subd 3 if they meet the conditions stipulated above for all Home Occupations and the following conditions:

            a)   The primary business activity shall be conducted by an occupant of the residence;

            b)   One person not residing in the residence may be employed to assist in the business activity;

            c)   It does not occupy more than thirty-three (33) percent of the floor area of the dwelling;

            d)   It has a limited number of patrons visiting the premises;

            e)   Off-street parking for no more than two (2) additional vehicles other than those required by the occupants shall be permitted. On-street parking shall not be used to satisfy required parking; and,

            f)   It requires delivery of products to the premises no more than once per day.

         2.    Applicants for Class II Conditional Accessory Home Occupations shall follow the procedures prescribed in the Conditional Use Permit section of Appendix A, Procedure Manual. The application shall be accompanied by the information required for Class I Home Occupations in Section 1325.02 above and a site plan showing any additional parking or other modifications to the site required to accommodate the home occupation. A copy of any required State or County license or permit as discussed in Class I Home Occupations shall be submitted prior to the issuance of a Conditional Use Permit, however, evidence that the proposed Home Occupation meets all the requirements for State or County licenses or permits shall be submitted with the Conditional Use Permit application.

         3.    In reviewing applications for Class II Conditional Accessory Use Permits for Home Occupations the City shall consider criteria which affect the appropriateness of a particular use in the location proposed, as discussed in Section 1355.04 Subd 3 and Appendix A, Procedural Manual.

   Subd. 4    Accessory Outdoor Display and Sales.

      A.   Outdoor display and sales shall only be permitted as an accessory use on a property where the principal use is either Retail Sales and Services or Service Station.

      B.   Outdoor display and sales shall only be permitted in the following Zoning Districts: B-2, B-3, B-4, NB, and GB.

      C.   An Administrative Permit shall be required from the Community Development Department to allow outdoor display and sales of goods. The Community Development Department shall review a site plan and specifics of the proposed outdoor display and sales area and may issue the permit, subject to, but not limited to, the following requirements:

         1.    The total display and sales area shall be determined based on the following formula:

            a.    For properties with a principal building of 15,000 square feet or less in size, the permitted display and sales area shall be a maximum of 300 square feet.

            b.    For properties with a principal building greater than 15,000 square feet in size, the permitted display and sales area shall be two percent of the base area of the principal building, but not to exceed 1,000 square feet.

         2.    Merchandise shall be stacked and/or arranged neatly on a hard surface and may be up to six feet in height.

         3.    The display and sales area shall be located adjacent to the principal building and on the side of the principal building with the main entrance. No merchandise shall be permitted to be displayed on Service Station islands.

         4.    The display and sales area shall not obstruct pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance.

         5.    The display and sales area shall not occupy or obstruct on-site parking spaces.

         6.    The type of merchandise displayed shall be limited to items which require an outdoor location, such as plants or fuel, and any items which because of large volume or weight are housed outdoors, such as vending machines, salt, or landscaping materials.

         7.    Outdoor display and sales areas shall be screened when located within 200 feet of a residentially zoned property. (added 3/28/16)

   Subd. 5   Accessory Commercial Recreation - Outdoor.

      A.   Commercial Recreation - Outdoor shall only be permitted in the B-2 General Business District.

      B.   An Administrative Permit shall be required from the Community Development Department to allow outdoor recreational activities. The Community Development Department shall review a site plan and specifics of the proposed outdoor recreation area and may issue the permit, subject to, but not limited to, the following requirements:

         1.   The Subject Property shall not be located immediately adjacent to a residentially zoned property.

         2.   All commercial recreation - outdoor related activity must cease by 10 PM on weekdays and weekends.

         3.   The location of the outdoor commercial recreation area needs to be contiguous to the principal building and shall be a contained space with a defined perimeter of either decorative fencing, retaining walls, and/or plantings.

   Subd. 6   Lower-Potency Hemp Edible Sales.

      A.   Lower-Potency Hemp Edible Sales shall be a Conditional Accessory use only permitted in the B-2 General Business, B-3 Service Business, B-4 Retail Business, NB Neighborhood Business and GB Gateway Business Zoning Districts where the principal use is Retail Sales & Service, Restaurant, or Service Station, the business has a liquor or tobacco license issued by the City, and when such accessory use is clearly incidental to the principal use..

      B.   Applicants for Conditional Accessory Lower-Potency Hemp Edible Sales shall follow the conditional use permit procedures prescribed in Section 1355.04, subd. 3, and Appendix A, Procedure Manual. The City shall review a site plan and specifics of the proposed lower-potency hemp edibles business. (added 8/28/2023)

   Subd. 7   Solar Energy Systems

      A.   Solar energy systems are an accessory use in the R-1, R-2, and R-3 Zoning Districts subject to the following requirements:

         1.   Height. Solar energy systems must meet the following height requirements:

            a.   Roof- mounted solar energy systems shall not exceed the maximum allowed building height in any zoning district.

            b.   Ground- or pole-mounted solar energy systems shall not exceed 15 feet in height or the height of the principal structure to which it is accessory, whichever is lower, when oriented at maximum tilt.

         2.   Setback. Solar energy systems must meet the accessory structure setback for the zoning district in which the system is located.

            a.   Roof-mounted systems: Consistent with the required building setback, the collector surface and mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.

            b.   Ground- or pole-mounted solar energy systems are permitted in rear and side yards and may not extend into the required rear or side yard accessory structure setback when oriented at minimum design tilt.

         3.   Visibility.

            a.   Solar energy systems with mounting devices.

               i.   Roof-mounted systems on pitched roofs shall not have a highest finished pitch steeper than the roof pitch on which the system is mounted, and shall be no higher than 12 inches above the roof.

               ii.   Roof-mounted systems on flat roofs shall be no higher than five feet above the finished roof.

            b.   Solar energy systems using a reflector to enhance solar production shall be prohibited.

         4.   Coverage. Solar energy systems are subject to lot coverage and impervious surface requirements of the underlying zoning district.

            a.   Roof-mounted solar energy systems shall be subject to the Building Code to ensure the system meets the wind load standards for the roof and to ensure ready roof access in the event of a fire or other safety occurrence whereby roof access is needed.

            b.   The surface area of ground- or pole- mounted systems shall be factored as part of the maximum lot coverage by structure and shall not exceed the regulations of the underlying zoning district.

            c.   The surface area of ground- or pole- mounted systems shall be treated as impervious coverage as regulated for each zoning district. If the soil under the panel array(s) contains vegetative ground cover, the Zoning Administrator may consider allowing additional impervious coverage. Allowed impervious coverage may be increased by up to ten percent above maximum lot coverage for the zoning district provided 100 percent of the excess is accounted for by an approved ground- or pole-mounted solar energy system.

            d.   Ground- or pole-mounted systems shall be counted as an accessory structure.

         5.   Plan Approvals. All solar energy systems shall require the issuance of a building permit.

            a.   Applications that meet the requirements of this policy shall be granted zoning approval by the Zoning Administrator. Plan approval by the Zoning Department does not indicate compliance with Building Code or Electric Code.

            b.   A building permit application for a solar energy system shall be accompanied by scaled horizontal and vertical elevation drawings. The drawings must show the location of the system on the building, or on the property for a ground- or pole-mounted system, including the property lines.

               1.   For all roof-mounted systems other than a flat roof the elevation drawings shall show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.

               2.   For flat-roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.

            c.   All solar energy systems shall meet approval of local building code officials, consistent with the State of Minnesota Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code.

            d.   All solar energy systems shall comply with the Minnesota State Electric Code. (added 2/12/24)

   Subd. 1   Setbacks.

      A.   Front Setbacks. Where existing principal buildings have a greater setback than the minimum setback required herein, the front setback of a new principal structure shall not be less than the prevailing setback in the immediate vicinity. The administrator shall determine the necessary minimum front setback in such cases. However, in no case shall a residential building be required to set back more than sixty (60) feet.

      B.   Side and Rear Setbacks. Buildings may be exempted from side and rear setback requirements provided party walls are used and if the adjacent buildings are constructed as an integral unit, or if residential buildings are to be constructed utilizing the "zero lot line" concept. Townhouse, shopping center, cluster developments and components of institutional facilities are examples of where this provision would apply.

      C.   Through Lots. The administrator may determine that one of the front yards may be deemed a rear yard and shall determine appropriate rear yard setback regulations. Factors to be considered shall include topography, location of structures on the lot, location of structures on adjacent lots, and the type of streets or thoroughfares abutting the lot.

      D.   Lakeshore Setbacks. Minimum lakeshore setbacks are established by the Minnesota Department of Natural Resources (MNDNR) for all development abutting lakes. No building shall be located within the minimum lakeshore setbacks as set in Section 1330.03.

   Subd. 2   Permitted Encroachments.

      A.   Parts of the Principal Structure. In all zoning districts except R-2 and R-3, features which are part of a principal structure, including but not limited to eaves, cantilevered areas, cornices, canopies, awnings, balconies, fire escapes and chimneys, may extend three (3) feet into the required front, side, and rear setbacks but in no case shall these encroachments be less than six (6) feet from any lot line. Decks, uncovered porches, ramps, and steps may extend six (6) feet into the required front, side, and rear setbacks but in no case shall these encroachments be less than six (6) feet from any lot line. In R-2 and R-3 zoning districts, the encroachments listed in this Part A shall not be less than three (3) feet away from any lot line. Required steps per the International Codes shall be permitted encroachments in all districts. (adopted 12/20/07)

      B.   Equipment Attached to the Ground or Other Structure. Recreational equipment, gym sets, picnic tables, patios, barbecue grills, and clotheslines which are more or less permanently attached to the ground or are attached to some other structure having a location on the ground may be located in side or rear yards provided these are not less than two (2) feet from any lot line.

      C.   Intersection Visibility. On a corner lot, nothing shall be placed in the clear vision area, and nothing shall be allowed to grow in such a manner as to materially impede vision now or in the future between a height of two and one-half (2-1/2) and ten (10) feet in the clear vision area. (revised 3/18/09)

      D.   Single and Two-Family Nonconforming Dwellings. For already developed lots on which a principal structure exists, but is nonconforming for reasons of setbacks or lot dimension, the principal structure may be expanded provided that all of the following provisions are met (revised 2/23/12):

         1.    The proposed addition extends no closer to a property line than the pre-existing nonconforming structure;

         2.    If the addition expands the footprint of the structure, then the proposed addition extends no closer than thirty (30) feet from the front property line or five feet from a side property line;

         3.    The exterior materials of the proposed addition are consistent or complementary in color, texture and quality with those visible on the existing structure;

         4.    The roof of the proposed addition is integrated into, and consistent with, the existing roof of the structure;

         5.    The addition does not adversely affect drainage on the lot or neighboring properties;

         6.    The addition does not extend within a drainage and utility easement, and meets all requirements of the Building and Fire Code;

         7.    The addition does not expand the nonconforming height of a structure;

         8.    The addition does not further increase nonconforming lot coverage;

         9.    The addition does not create any new nonconforming conditions.

      E.   Covered Porches for Single-Family Detached Dwellings.

         1.   For already developed lots on which a principal structure existed prior to May 1, 2006, the Covered Porch shall not be closer to the front lot line and side yard corner as determined by the following provisions:

         a)   The Covered Porch shall be set back from the front lot line and side yard corner at least the number of feet calculated by the following formula:

            Current principal structure setback in feet multiplied by .75 = Covered Porch setback from the front lot line and side yard corner in feet

            (For example, if the principal structure is thirty-two (32) feet from the front lot line, then:

            32 feet * .75 = 24 foot setback from the front lot line and side yard corner for the Covered Porch. In this case, the Covered Porch may extend up to eight (8) feet from the principal structure into the front setback)

   For this subsection, the principal structure setback is defined as: The setback from the front lot line to the front of the principal structure, not including overhangs, awnings, eaves, garages, stoops, sidewalks, bay windows, cantilevered areas, accessory structures, attached garages encroaching on the front setback, existing porches, or other extensions or projections not deemed part of the principal structure.

            b)   A Covered Porch on a principal structure that is set back fifty (50) feet or more from the front lot line shall be set back at least forty (40) foot front lot line.

            c)   No Covered Porch shall be constructed closer than twenty (20) feet to the front lot line without review and approval through the variance process.

            d)   Required steps per the International Building Code shall be excluded when calculating the dimensions of the Covered Porch.

         2.   For vacant lots where a principal structure is constructed after May 1, 2006, the Covered Porch shall not be closer than thirty (30) feet to the front lot line or the side yard corner.

         3.   For already developed lots on which a new principal structure is developed after May 1, 2006, and the new principal structure exceeds the footprint of the original structure, the Covered Porch shall not be closer than thirty (30) feet to the front lot line or side yard corner.

         4.   For already developed lots on which a new principal structure is developed after May 1, 2006, and the new principal structure does not exceed the footprint of the original structure, the Covered Porch may be set back from the front lot line and side yard corner a distance as calculated in Section 1325.03 Subd. 2.D.1.a.

         5.   Building Permits shall be required before the construction of a Covered Porch. The Community Development Director or Development Director's designee must make the following findings prior to the approval of a building permit for a Covered Porch:

            a)   The Covered Porch shall comply with the front and side yard corner setbacks determined by Section 1325.03 Subd 2.D.1.a-d.

            b)   The Covered Porch shall comply with all other aspects of the underlying zone, including the side yard interior setbacks and impervious coverage limits.

            c)   The design of the Covered Porch shall comply with the Covered Front Porch Design Guidelines in the Zoning Ordinance Procedure Manual.

            d)   The exterior materials of the proposed Covered Porch shall be consistent or complementary in color, texture, and quality with those visible at the front of the principal structure;

            e)   The roof of the proposed Covered Porch shall be properly proportioned to and integrated with the roof of the principal structure and have no less than a 3/12 slope;

            f)   The base of the Covered Porch shall not be open; the base shall be either a masonry perimeter foundation (note: frost footings will be required for a building permit), or be screened by a solid fascia consistent with the front of the principal structure or lattice with openings no larger than two (2) inches by two (2) inches and painted to be consistent with the front of the principal structure.

            g)   At least sixty-five (65) percent of the exposed Covered Porch façade (excluding the foundation) shall be open or occupied by screens and/or screen doors; and the façade constitutes the area from the floor level of the Covered Porch to the Covered Porch ceiling; up to thirty-five (35) percent of the façade may be solid and may only be occupied by columns, spindles, and railings; solid walls and glass (even partial) are prohibited.

            h)   A Covered Porch within the forty foot front yard setback shall not be converted to a four season porch.

   Subd. 3   Height.

      A.   Exceptions. Height limitations shall not apply to church spires, belfries, cupolas and domes; chimneys and smokestacks; public monuments and flagpoles; public and private utility facilities; electronic transmission towers; roof-mounted television and radio antennae and parapet walls extending not more than four (4) feet above the maximum permitted height of the building, except as hereinafter provided.

      B.   Roof-mounted Mechanical Equipment. Such equipment, whether screened or completely enclosed, shall be excepted from the height limitations if the enclosure (or enclosures) does not occupy more than thirty (30) percent of the roof area and does not extend more than twelve (12) feet above the roof upon which it is located.

(revised 6/27/22)

   Because drive-in businesses, drive-up windows, fast food restaurants and automobile service stations present certain unusual problems, they are hereby required to meet the following requirements in addition to the general requirements applicable to them in the zoning district in which they are to be located, unless otherwise regulated in this Code:

   Subd. 1   Location.

      A.   Proximity to Schools, Churches, Public Recreational Areas and Residential Lots. No drive-in business, drive-up window, or fast food restaurant shall be located on a site that is within four hundred (400) feet of a public, private or parochial school, a church, a public recreation area, or any residentially zoned property.

      B.   Proximity to Other Establishments. In any Business Zoning District, no drive-in business, drive-up window, or fast food restaurant shall be located on a site that the proximity of the boundaries of another one is determined by the City Council through the PUD process to be incompatible with the area in which it the proposed use is to be located. A drive-in business, drive-up window, fast food restaurant, and automobile service station may be limited in proximity as deemed appropriate by the City Council so as not to unreasonably interfere with adjacent and nearby uses.

      C.   Unreasonable Traffic Volume. No drive-in business, drive-up window, or fast food restaurant shall be located on a site if the probable result of such location would be to unreasonably increase traffic volume on nearby streets.

      D.   Size of Lot. No drive-in business, drive-up window, or fast food restaurant shall be located on a lot of less than twenty-four thousand (24,000) square feet.

   Subd. 2   Site Development Standards

      A.   Landscaping. A lot to be used for drive-in business, drive-up window, fast food restaurant or automobile service station purposes shall be landscaped at least to the following depths from each lot line:

         1.   Twenty (20) feet from the front lot line, except for approved access drive.

         2.    Ten (10) feet from each side lot line.

         3.   Fifteen (15) feet from rear lot line.

      B.   Electronic Devices. Electronic devices such as loudspeakers or devices, and similar instruments, shall not be located within fifty (50) feet of any adjacent lot regardless of use or zoning district.

      C.   Snow Storage. Adequate area shall be designed for snow storage such that clear visibility shall be afforded from the property to any public street.

      D.   Screening. A suitable screening fence shall be erected along all property lines except those which are also public right-of-way lines. Said fence shall be of a type and design approved by the Council. Planting of a type approved by the Council may also be required in addition to or in lieu of fencing.

      E.   Design. The design of all structures shall be compatible with other structures in the surrounding area.

      F.   Signs. No permanent or temporary signs visible from a public street shall be erected without approval from the Council.

      G.   Traffic Circulation. No site plan shall be approved which will in any way constitute a hazard to vehicular or pedestrian circulation.

      H.   Access. Access shall be to public streets from at least two (2) points on the subject premises. A divided entry with a center island may meet the requirements of this provision.

      I.   Rules and Regulations of State Fire Marshal. With respect to automobile service stations, any building proposed to be used as a service station shall be constructed and maintained as required by the rules and regulations of the state fire marshal governing the handling, storage and transportation of flammable liquids. Every facility, whether underground or above ground and whether indoors or out-of-doors, for the handling, storage and movement of flammable liquids, shall likewise be constructed and maintained in accordance with the rules and regulations of the State Fire Marshal and the Pollution Control Agency (PCA).

   Subd. 1   Minimum Unit Size. Efficiency units shall be a minimum of five hundred and fifty (550) square feet; one-bedroom units shall be a minimum of seven hundred (700) square feet; two-bedroom units shall be a minimum of nine hundred and fifty (950) square feet; and three-bedroom units shall be a minimum of twelve hundred (1,200) square feet. For each additional bedroom, an additional one hundred and fifty (150) square feet is required. Garages, breezeways, common hallways, balconies, and porch floor spaces shall not be credited in determining the required floor area of units. (revised 3/31/14)

   Subd. 2   Security Plan Component. A complete security plan shall be submitted at the time of the development proposal, subject to the approval of the Ramsey County Sheriff's Department

   Subd. 3   Lighting Plan Component. A complete photometric plan shall be submitted in compliance with the recommendations of the Ramsey County Sheriff's Department. Compliance with this requirement shall be in addition to any maximum lighting requirements, as described elsewhere in the City's Zoning Code.

   Subd. 4   Parking. A minimum of one enclosed parking stall shall be provided per dwelling unit. Enclosed parking structures shall be attached to at least one of the principal structures to which parking is being provided.

   Subd. 5   Common Area. Common area devoted to recreation or leisure activities shall be provided. Common area must include a combination of both indoor and outdoor space.

   Subd. 6   Efficiency Apartments. The number of efficiency units in a multiple dwelling shall not exceed fifteen (15) percent of the total number of apartments.

   Subd. 7   Bicycle Parking. Enclosed bicycle parking shall be provided at a rate of .5 spaces for every dwelling unit.

   Subd. 8   Window coverings. All windows which are visible to the outside shall be provided with window treatments. Window treatments shall be consistent throughout each multi-family dwelling structure or development.

   Subd. 1 Thrift Stores. Thrift stores are allowed as either principal uses or conditional uses depending on the characteristics of the operations.

      A.   All thrift stores shall comply with the following conditions:

         a.   All merchandise receiving, transfer, sorting, processing, and storage shall occur within a completely enclosed principal structure.

         b.   No exterior storage or the use of exterior storage containers or semi-trailers for storage shall be allowed upon the site.

         c.   Waste and recycling receptacles and equipment shall be completely contained within a principal or accessory structure.

      B.   Thrift Store, Class I

         a.   Thrift store, Class I may be permitted as a principal use if they meet the conditions stipulated above for all thrift stores, conditions stipulated in the thrift store, Class I definition and the following conditions.

            i.   A drive-through shall not be allowed.

            ii.   There shall be no outdoor collection/donation area or receiving and transferring of goods exterior of the business. All receipt and transfer of goods shall take place interior of the business. The receiving of used goods which are of either a large quantity or size shall be transported to the thrift store by the Business Owner in order to limit circulation impacts and traffic management to the neighboring multi-tenant businesses.

      C.   Thrift Store, Class II

         a.   Thrift store, Class II may be allowed by Conditional Use Permit as regulated in Section 1355.04 Subd. 3 if they meet the conditions stipulated above for all thrift stores, the conditions stipulated in the thrift store, Class II definition and the following conditions:

            i.   All merchandise receiving and transfer shall occur within a completely enclosed principal structure.

            ii.   At least one (1) accessory drive-through service lane shall be provided.

            iii.   Accessory drive-through service lanes leading to and accessing the indoor collection/donation area shall meet the following conditions:

               1.   Drive-through service lanes shall not be permitted within the front, side, or rear yards which abut a public street.

               2.   Drive-through lanes shall be designed in a manner that segregates the drop-off lane from drive lanes, parking spaces, and sidewalks.

               3.   The drive-through service lane shall be a minimum of fourteen (14) feet wide and provide up to one hundred sixty (160) linear feet of automobile stacking space within the site.

               4.   Automobile stacking shall not interfere with on-site drive lanes, fire lanes, parking stalls, loading areas, access to trash/recycling dumpsters, or sidewalks

               5.   Drive-through service lanes shall not open directly onto a public street.

               6.   Directional signage shall be provided to direct customers to the collection/donation area.

            iv.   Thrift stores that have drive-through collection/donation facilities shall meet the standards within Section 1325.04 Additional Minimum Requirements for Drive-in Businesses, Drive-up Windows, Fast Food Restaurants and Automobile Service Stations. (revised 5/27/2025)

   Subd. 1 Applicability

   The standards within this subsection shall apply to the following uses:

   Subd. 2 Setbacks

   Subd. 3 Development Standards

      Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10:00 a.m. and 9:00 p.m. on Monday through Sundays.

   The standards established in this section are designed to encourage a high standard of development by providing assurances that neighboring land uses and neighboring properties will be compatible. The standards shall also apply to all future development and shall apply to existing development where so stated. Before any applications for development or construction under the City Code are approved, it shall be determined that the proposal will be in conformance with these standards unless a deviation has been granted. It shall be the responsibility of the applicant to demonstrate such conformance. (revised 4/28/08)

   Subd. 1   Landscaping.

      A.   Purpose and Findings. The City declares that it is desirable and essential to the health, safety, welfare, and aesthetics of the City to protect certain existing plants and trees, to require new and additional plants and trees, to prohibit the planting of certain species, to require the maintenance of plants and trees as set forth in this subdivision, and that appropriate and unified landscaping is essential to meet the community objectives established in the Comprehensive Plan.

      B.   Scope. The provisions of this subdivision shall apply only to privately owned property. Property within public rights-of-way shall be maintained in accordance with Chapter 7 of the City Code.

      C.   General Landscaping Requirements

         1.    Minimum Requirements. In all districts, all developed uses shall provide and maintain a landscaped area according to the minimum requirements in Section 1320.06, the district requirements chart.

         2.    All land area not occupied by marshes, ponds, wetlands, buildings, parking, driveways, sidewalks, or other hard surface shall be sodded, seeded, mulched or landscaped with appropriate perennials, shrubbery and/or trees.

         3.    Landscaped Area Along Streets. In all districts all developed uses shall provide and maintain a landscaped area along streets. This area shall be kept clear of all structures, storage, and off-street parking. Except for driveways, the area shall extend along the entire frontage of the lot and along both streets in the case of a corner lot.

         4.    Maintenance of Green Space. The property owner shall be responsible for the maintenance of all green space and landscaped areas in accordance with Section 600.02 of the City Code.

         5.    Green Roofs. Green roofs may be counted towards the minimum landscaping requirements of a parcel, as determined by Staff, based on the absorption rate and quality of the green roof.

         6.    Screening. All developments shall be in conformance with Section 1325.05 Subd. 4.

         7.    Tree Preservation. Clear cutting of an entire stand of trees is prohibited on all parcels. All developments shall be in conformance with Section 1325.055. and subject to an approved Tree Mitigation Plan as outlined in Section 1325.055, Subd. 6. (Revised 11/28/2022)

      D.   Landscaping Plan.

         1.   Scope. In cases where a landscaping plan is required by this Code or by an approval granted by the City, the applicant for the building or grading permit shall submit a landscape plan prepared in accordance with the provisions of Appendix A of the Zoning Code. A landscape plan shall be approved by the City and implemented by the property owner:

            a)   For any new development or new building construction in any business, industrial, Institutional, R-3, R-4, or I-FLEX zoning district, and planned unit developments, except as otherwise provided by specific development agreements.

            b)   For any existing commercial, industrial, or institutional building or parking lot to be expanded by at least ten (10) percent, or at least 5,000 square feet, where an approved landscape plan is not on file with the city. In the case where a plan is required under this subparagraph, the property owner may submit a plan implementation schedule that would allow the plan to be implemented over a period of three years.

            c)   No building permit for any construction described in items (a) and (b) of this subparagraph shall be issued unless a landscape plan required hereunder is approved by the city.

         2.   Landscaping Plan Standards.

      E.   Performance Guarantee.

         1.    A landscape performance bond or other acceptable financial surety is required for all screening or landscaping required in this Code to insure completion and maintenance of all landscaping in accordance with the approved landscape plan required hereunder.

         2.    The amount of the bond or surety shall be 125% of the cost of materials and installation.

         3.    The bond or surety shall be provided prior to the issuance of any building or grading permits and shall be valid for, two full years, from the date of installation, or three years in the case of an extended timeline.

         4.    For any landscaping or screening that is not in accordance with the approved landscaping plan at the end of two growing seasons, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance.

      F.   Minimum Landscape Requirements.

         1.   Caliper Inches. The minimum caliper inches required per building site shall relate to the gross square footage of all floors of a building and the building height. A single story building in excess of thirty (30) feet in height shall be considered a two-story building for the purposes of determining gross square footage. Minimum total caliper inches =

      Gross Square Footage of all Floors of Building

              320

         2.   Tree Ratio. The minimum total caliper inches shall contain the following minimum percentages of trees in various size ranges:

 

 

         3.   Coniferous Tree Measurement. Coniferous trees may be considered equivalent to the sizes shown by dividing the height of the coniferous tree in feet by 2.4.

         4.   Minimum size at time of planting.

            a)   Two and one-half (2.5) caliper inches for deciduous trees.

            b)   Six (6) feet in height for coniferous trees.

         5.   Trees Along Street Frontage. A minimum of one tree shall be provided along the right of way for every fifty (50) feet of public street frontage.

         6.   Perennials and Shrubberies. At least ten (10) percent of the total landscaped area shall be covered with perennials and/or shrubbery and be planted within the perimeter of private parking, building, and driveway areas.

         7.   Planting Islands. Planting islands shall be required to visually break up expanses of hard-surface parking areas, to provide safe and efficient traffic movement, and to define rows of parking. Planting islands shall occupy at least ten (10) percent of the parking area. Planting islands shall be edged with concrete curbs. Parking lot planting islands shall be a minimum of 150 square feet in area, be of appropriate width and length, and include at least one tree meeting the requirements of this ordinance.

      G.   Landscape Design Specifications. All landscape plans and landscaping under this subdivision shall follow and be in compliance with the following requirements, together with all other Code regulations:

         1.   Diverse Selection. The landscape plan shall include a full complement of over story, ornamental and evergreen trees, shrubbery, and ground covers that are hardy and appropriate for the locations in which they are planted, and which provide year-round color and interest.

         2.   Existing Plant Credit. Plant materials existing on a site at the time of development, may be used as a credit against the requirements of these landscape regulations; the City Council shall determine the extent of credit allowed, based on the evaluation of species, size, location, quality of existing plant materials and the consistency with the intent of these regulations.

         3.   Plant Selection. The City maintains a list of trees that may not be used to satisfy the landscaping requirement of this section.

         4.   Method of Installation. All deciduous and coniferous trees shall be planted in accordance with American Standards for Nursery Stock relating to quality of stock and appropriate sizing of the root ball for balled and burlapped and spade-moved trees.

         5.   Slopes and Berms. Final slopes greater than the ratio of 3:1 will not be permitted without special approval or treatment, such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of 3:1.

         6.   Landscape Plan Maintenance. Quantity and character of landscaping, as originally approved, shall be maintained in perpetuity by the property owner unless the City approves a change to the landscaping plan. Maintenance shall include removal of litter, dead plant materials, unhealthy or diseased trees, and necessary pruning. Natural watercourses within a buffer shall be maintained as free flowing and free of debris.

         7.   Erosion Control. All areas of any site shall be restored and maintained in accordance with provisions of the city erosion control standards, and other requirements of the Code.

         8.   Placement of Trees and Shrubs. No trees or shrubs shall be planted within any drainage/utility easements, road right-of-way, or where it would now or in the future materially impede the clear vision area or other driveway between a height of two and one-half (2-1/2) and ten (10) feet in the clear vision area. (revised 3/18/09)

         9.   Completion Deadline. All plants required for screening purposes shall be planted to completion within six months from date of issuance of a building permit unless otherwise approved by the city due to the time of the year or if an alternative schedule is set in a development agreement. In no case shall the period exceed six months from issuance of the certificate of occupancy.

   Subd. 2   Drainage Wetlands and Flood Plain.

      A.   Water Management Plan. A water management plan must be submitted for:

         1.    Development of individual sites of two and one half (2.5) acres or greater for single-family homes.

         2.    Additions to existing buildings on sites two and one half (2.5) acres or greater.

         3.    Development on any individual site within:

            a)   One hundred (100) year flood plain.

            b)   One thousand (1,000) feet of a public water or protected wetland.

            c)   Three hundred (300) feet of Rice Creek, a major tributary to Rice Creek or a county or judicial ditch.

      B.   Exceptions to Exemption for Single Family Detached Dwellings. Construction of a single family detached dwelling on an isolated lot will not require permit approval unless one of the above listed conditions exists. The plan must be approved by the Rice Creek Watershed District, other agencies as required and by the City Engineer.

         1.    On-site ponding is encouraged as a visual and functional amenity.

         2.    Two or more projects may coordinate their water management plans for their mutual benefit.

      C.   Submission Requirements. Drainage plan requirements are specified in Appendix A, Procedure Manual.

   Subd. 3   Lighting.

      A.   Direction. In all districts lighting shall be so arranged as to direct light away from adjoining lots and public streets. Direct or sky-reflected glare, from floodlights or high temperature processes such as combustion or welding, shall not be directed at any adjoining lots or public streets.

      B.   Concealment or Hooding of Source. The source of illuminate shall be hooded, concealed or controlled in a manner so as to direct the lighting pattern only on the site to which the lighting is intended.

      C.   Intensity. Any light or combination of lights shall not cast light that exceeds a meter reading of one foot candle on the travel lanes of adjoining public streets or 0.4 foot candles on adjoining residential property.

      D.   Exterior Lighting of Building Facade. For non-residential uses, visible from residentially zoned property, a maximum of twenty-five (25) percent of the facade visible from such residential property may be illuminated by direct lighting from spot lights or flood lights.

   Subd. 4   Screening.

      A.   Definition and Purpose. Screens and buffers are designated units of yard or open area where setbacks, landscaping, berming, walls, and fencing help minimize adverse impacts of public nuisances, such as: noise, glare, activity, or dust, which are often times associated with parking, storage, signs or buildings.

      B.   Types of Screening. The screening required in this section shall consist of a fence, wall or landscaping, subject to the approval of the Council. Landscaping may include a combination of any of the following: berms, shrubs, deciduous or coniferous trees or hedge materials. The height and depth of the screening shall be consistent with the height and size of the area to be screened. When natural materials, such as trees or hedges, are used to meet the screening requirements, density and species of planting shall be such as to achieve 60 percent opacity year round at maturity.

      C.   General Screening Requirements

         1.   Screening in Proximity to Residential Lots. Screening shall be required where:

            a)   Any business or industrial use is adjacent to any zoned residential or along the boundary of any such residential lot;

            b)   Any business, parking lot or industrial use is across the street from a residential district, but not on that side of a business or industrial use considered to be the front.

            c)   Any non-residential use in residential districts by Conditional Use Permit or PUD, such as schools, houses of worship, day care facilities over ten (10), residential facilities over six (6), or public uses other than parks, adjoins or is located across the street from any single or two family residential lot.

            d)   The driveway to a parking area of more than six (6) parking spaces, within a residential district, is within fifteen (15) feet of an adjoining lot.

         2.   All parking, loading service, utility, and outdoor storage areas shall be screened and buffered from all public streets and adjacent differing land use.

         3.   Screening of Mechanical Operating Equipment. On non-residential properties, screening shall also be provided where mechanical operating equipment is located on the ground or on the roof of the premises, such screening shall be constructed and located so as to completely screen from view of adjacent streets and differing land uses. Mechanical operating equipment shall include all exterior devices used to service the building or its occupants, including but not limited to electrical, HVAC, plumbing, communications (including telephone and dish antennae) and storage tanks.

         4.   Exception to requirements. Screen and buffer requirements may be waived or modified by the city where the intent is otherwise satisfied by significant change in elevation, an existing screening, significant distance or similar circumstances.

         5.   Intersection Visibility. On all lots, nothing shall be placed in the clear vision area, and nothing shall be allowed to grow in such a manner as to materially impede vision now or in the future between a height of two and one-half (2-1/2) and ten (10) feet in the clear vision area. (revised 3/18/09)

         6.   Responsibility for Screening. The owner or occupant of the premises containing the use or features to be screened shall provide the required screening and maintenance.

      D.   Fence Regulations.

         1.   Height of Fences in Side and Rear Yards. Fences in side or rear yards may not exceed six (6) feet in height in all residential districts. Fences may be up to six (6) feet in height if placed in the secondary front yard of corner lots in residential districts provided that the fence does not exceed three (3) feet in height within the structure setback of the primary front yard and the fence does not encroach on the clear vision area. (revised 3/18/09)

         2.   Height of Fences, Solid Walls and Hedges in Front Yards. Fences, solid walls and hedges in excess of three (3) feet in height in the minimum front yard building setback area are prohibited in all R-1 and R-2 Residential Districts.

         3.   Fences in residential districts shall be comprised of chain-link, aluminum, wood, vinyl, composite, or other material as approved by the Zoning Administrator. Alternate fencing materials may be allowed in business and industrial zoning districts subject to conformance with Section 1325.05.

         4.   Height of Fences in Business and Industrial Districts. Fences may be up to eight (8) feet in height in the side and rear yards up to the front building line of the principal structure. Fences abutting residential districts shall conform to those regulations applicable to the residential district. Fences, solid walls and hedges in the minimum front yard setback may be allowed through Site Plan Review or as part of a Planned Unit Development as determined appropriate by the City Council based on site suitability to allow for additional screening and/or as a buffer for noise reduction.

         5.   Electric Fences and Barbs or Spikes on Fences. No above grade fence shall have barbs or spikes or be of metal construction, which is charged or connected with electrical current within any district of the City. These fencing types shall only be permitted through a Conditional Use Permit.

         6.   Placement of Fences Along Lot Lines. Fences may be placed along lot lines provided no damage of any kind results to the abutting property.

         7.   Direction of Fence Facing. That side of the fence considered to be the face (facing as applied to fence posts) shall face toward adjoining property.

         8.   Fences in Public Rights-of-way. No fence, wall or hedge may be placed in a public right-of-way.

         9.   Fences in Non-Residential Situations and Exceptional and Unusual Circumstances in Residential Districts. Deviation from these require-ments for fences, walls and landscape screening may be permitted after Planning Commission review and Council approval of a site plan with documentation showing the unusual circumstances justifying the proposed deviation and plans for the proposed fence, wall, or landscape screening. This provision is intended to allow flexibility in meeting the purpose and intent of this subdivision without the necessity of proving a hardship as is required in the variance procedure. The objective of this provision is to improve the livability, appearance, and security of properties and their relationships to one another.

   Subd. 5   Restrictions on Nonresidential Uses Located in Residential Districts. In the granting of Conditional Use Permit or Planned Unit Development permits for nonresidential uses other than detached single family homes (i.e. uses such as houses of worship, day care facilities (over 10), residential facility (over 6), public uses, schools of any kind, multiple family dwellings, boarding houses and dormitories to be located in a residential district on a site of one (1) acre or more), the Council shall not permit access from that site to a cul-de-sac or local street and also shall not permit any structure or hard surface area to be constructed on said site closer than seventy-five (75) feet from any adjacent residential lot.

   Subd. 6   Aesthetics.

      A.   Evaluation of Impact. The proposed design, scale, massing, materials, height and other aspects of the subject matter of any permit requested hereunder shall be evaluated by the Planning Commission and the Council with respect to structures and properties in the surrounding area. To this end, the Planning Commission and the Council shall consider, prior to the issuance of any permit hereunder, whether the appearance of the subject matter is so at variance with the structures and properties in the surrounding area as to cause a substantial depreciation in the property values in the surrounding area or to unreasonable detract from the appearance of the area or the city as a whole.

      B.   Applicability. The foregoing considerations shall be applicable to any permit applications other than detached dwelling units.

   Subd. 7   Design Standards for Principal Structures in Residential Zoning Districts.

      A.   Minimum Width. All principal structures in residential zoning districts, except mobile homes in approved mobile home parks, shall have a minimum width of twenty (20) feet measured from face to face of principal exterior walls.

      B.   Foundation. All principal structures in residential districts, except manufactured home in approved manufactured home parks, shall be placed on permanent foundations that comply with the requirements of the State Building Code and are continuous and solid for the entire perimeter of the structure.

      C.   Permitted encroachments in Section 1325.03 Subd 2 shall be exempt from subparts 1 and 2 above.

   Subd. 8   Additional Design Standards for New Development, Redevelopment, and Modifications to Existing Sites in the B2 and B3 Districts. (revised 04/27/15) Unless preempted by the standards in this section, all other zoning provisions shall apply:

      A.   Purpose and Intent. The purpose of these additional design standards is to promote a high level of architectural, landscaping, and site design in the business districts of Arden Hills. The City seeks to create a unified, harmonious, and high-quality environment to foster a distinct, positive, and successful image for the City. The criteria by which new development, redevelopment, and site modifications in the Districts shall be judged are as follows:

         1.   Consistency with provisions of the comprehensive plan and other guiding plans as amended from time to time; provisions of the zoning ordinance and subdivision ordinance; and all other applicable regulations.

         2.   Use of appropriate materials, lighting, textures, colors, and architectural and landscape forms to create a unified, high-quality design concept for each site that is compatible with adjacent and neighboring structures and functions.

         3.   Creation of unified site designs, each with a sense of internal order, that provide desirable environments for site users and visitors and the community as a whole and that consider all site elements.

         4.   Provision of safe and adequate access from public streets to sites giving ample consideration to the location and number of access points, the safety and convenience of merging and turning movements, and traffic management and mitigation.

         5.   Provision of on-site vehicular, bicycling, and pedestrian circulation by way of interior drives, parking areas, pathways, and walkways adequate to handle anticipated needs and to safety buffer pedestrians and cyclists from motor vehicles. Ample consideration shall be given to the width of interior drives, internal traffic movement and flow, separation of pedestrian, cycling, automobile; and delivery traffic, and the safe, convenient, and practical arrangement of parking spaces.

      B.   Application. The standards in this Section should apply only to the building or site elements being developed or altered (i.e. a proposal for changes to a building would be required to meet only those standards that pertain to buildings while changes to a parking area would be required to meet the standards for parking areas but not for buildings). The design standards shall be applied proportionately to the degree of change proposed. Upon recommendation from the Planning Commission, the City Council may waive specific design standards based on the scale of the project. The City Council shall make the final determination on the compatibility and consistency with the design standards.

      C.   Architectural Style and Building Character. Evaluation of a project shall be based on the quality of its design and on its relationship to its surroundings. Site characteristics to be evaluated for this purpose include, but are not limited to, building and landscaping materials, colors, textures, shapes, massing, building components, height, roof-line, and setback. Monotony of design, both within projects and between projects and its surrounding, is prohibited. Variation in detail, form, and arrangement shall provide visual interest. (revised 11/25/13)

      D.   Buildings shall be constructed of materials that are enduring, timeless, and well-detailed. Other new materials of equal or better quality to those listed may be approved by the Community Development Department. (revised 11/25/13)

         1.   At least seventy-five percent (75%) of the exterior building materials shall be of brick masonry, tile masonry, natural stone (or synthetic equivalent), decorative concrete plank, transparent glass or any combination thereof. (revised 11/25/13)

         2.   Trim and other accent or decorative features may be metal, wood, split faced block, EIFS, or stucco. Metals shall have a matte finish and have visible corner moldings and trim when used on exterior walls. EIFS shall be located at least twelve (12) feet above the ground line. (revised 11/25/13)

         3.   Undesirable materials shall include simulated brick, vinyl or aluminum siding, sheet or corrugated metal siding, plain concrete blocks or panels, brightly colored metal roofing or canopies, pre-cast tilt-up walls, mirrored or reflective glass, and materials that represent corporate colors or logos not in conformance with approved building materials. (revised 11/25/13)

      E.   Building Design. The arrangement, massing, materials and colors shall work to create a high quality development that is responsive to existing buildings, site features, and site design on adjoining sites in the district. (revised 11/25/13)

         1.   At least fifty percent (50%) of the largest building on each site shall be constructed at the front setback line.

         2.   Façade treatment shall be carried around all sides. Architectural elements such as, but not limited to, windows, shutters, awnings, doors, masonry exterior veneers, cornice detailing, window casings, and other architectural details should demonstrate consistency on all sides of the structure that are reasonably visible to the general public. Plain flat walls shall not be permitted when viewable from the public right-of-way or public areas.

         3.   To avoid long unbroken expanses and to increase visual interest from the street, buildings of more than 40 feet in width shall be divided into smaller increments (between 20 and 40 feet) through articulation of the facades to convey the impression of individually-constructed small storefronts or, in the case of housing, housing units. This can be achieved through the combination of the following techniques:

            a)   The use of windows and doors;

            b)   Façade modulation-stepping backward or forward or extending a portion of the façade;

            c)   Vertical divisions into storefronts with separate display windows and entrances;

            d)   Recesses and projections such as porches, dormers and bays that create shadows and add visual interest;

            e)   Variation in the rooflines by using multiple roof and ridge lines perpendicular to one another, offsetting single roof lines, stepped roofs;

            f)   Providing a lighting fixture, trellis, tree, or other landscape feature with each interval.

         4.   Awnings or overhangs shall be provided at the primary entryway and at all entrances fronting a public street to provide protection for pedestrians. Awnings shall be opaque so as not to create a glowing effect with lights under the awnings. Awnings shall be constructed of durable and protective material, and shall be properly maintained. Plastic or fiberglass awnings shall not be permitted. (revised 11/25/13)

         5.   Any multi-level building shall distinguish the ground floor level from the upper floors by use of any or a combination of these techniques: an intermediate cornice line, difference in building materials or details, awnings trellis or arcade, special window details, or brick corbels or quoins. A strong base and top for multi-story buildings shall be established; middle layers shall be simpler. Detail shall be an integral part of the architecture rather than a series of applied elements.

         6.   Standardized corporate or franchise architecture identified with a particular chain shall be discouraged unless it is compatible with surrounding architecture and conforms to these design standards. (revised 11/25/13)

         7.   Entrances shall have convenient access to the street frontage and to parking serving the use. For those properties along County Road E, access to the street frontage shall be given priority where feasible.

      F.   Window and Door Openings (revised 10/25/21)

         1.   Commercial Façade Transparency.

            a)   Fifty percent (50%) of all first level building façades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities.

            b)   If the building is a one story design and the first floor elevation exceeds twelve (12) feet, then only the first twelve (12) feet shall be included in calculating the façade area. (revised 11/30/15)

            c)   The City may consider a proportional reduction in the transparent window and door requirement on the public street façade if additional transparent glass is used on the remaining sides. (revised 11/30/15)

         2.   Residential Façade Transparency. Twenty percent (20%) of all residential building façades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. Transparency requirement may be waived by the City where privacy concerns warrant. (revised 11/30/15)

         3.   Configurations. The shape, size, and placement of windows and doors shall emphasize the intended organization and articulation of the façade. Windows and doors shall be recessed at least one inch rather than being flush with the building façade. (revised 11/25/13)

         4.    Materials. Acceptable materials for window trim include anodized aluminum, steel, wood, and clad wood. Door trim shall be made of steel, wood, or clad wood. (revised 11/25/13)

         5.   For buildings with a use or function that does not readily allow windows (e.g. cooler or freezer areas, mechanical rooms, security areas, storage areas) the transparent window standards may be reduced at the discretion of the City Council. However, aesthetic interest must be provided by the use of upper level windows or architectural detailing that provides arches, patterning, recesses, and shadowing. Architectural detailing may include such things as change in materials, change in color and other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall. (revised 11/25/13)

      G.   Building Color. Building colors shall be muted. Recommended colors include browns, grays, tans, beiges, and dark or muted green, blues, and reds. Bright or brilliant colors and sharply contrasting colors may be used for only accent purposes occupying a maximum of five percent (5%) of building façades. (revised 11/25/13)

      H.   Fences. Fences shall blend into the landscape, be compatible with other materials used on site, and be made of a material that minimizes corrosion. Finished and treated wood, brick, stone or wrought iron is encouraged.

      I.   Signs.

         1.   Business signs shall be architecturally compatible with the style, materials, colors and details of the building. Signs shall be incorporated into the façades of the buildings rather than extending past the roof line and should not project more than twelve (12) inches beyond the plane of the façades. Retail business wall signs shall be located in a position above the front window that is located consistently among stores. (revised 11/25/13)  

         2.   All other provisions in Chapter 12, Sign Code, shall apply.

      J.   Site Furnishings and Seating Areas.

         1.   Site furnishings shall be provided based on the scale of the project. The site furnishings may be spread out on the site or clustered to provide a more formal area. Placing site furnishings near landscaped areas is encouraged. These areas may be shared by multiple tenants on a property or adjacent properties and may include tables, chairs, benches, plantings, and other outdoor amenities such as a plaza. These areas shall be maintained for year round use. Creativity is highly encouraged. These spaces shall be connected to the sidewalk system.

         2.   Benches and decorative plantings shall be provided near the primary entrance of all buildings on a site.

         3.   Restaurants shall include a functional outdoor seating area with tables, chairs, plantings, and access to the restaurant.

            a)   No outdoor seating shall be permitted in any portion of the public sidewalks where normal pedestrian traffic flow is obstructed.

            b)   The outdoor seating area shall not be used for exterior storage when the area is not in use. (revised 11/25/13)

            c)   These areas shall be distinguished with decorative fencing and/or plantings.

            d)   If alcoholic beverages are served, the establishment shall take reasonable steps to insure that alcoholic beverages are consumed only by patrons of the establishment who are of age. All other provisions related to the license to serve alcohol shall apply.

      K.   Screening.

         1.   Trash and recycling equipment, materials, and containers shall be fully enclosed and integrated into the architecture of the buildings.

         2.   All mechanical equipment, whether roof-mounted or ground-mounted should be integrated into the architecture of the building. It shall be completely screened from the ground-level view of adjacent properties and public streets. Wood screening shall not be permitted.

         3.   Truck docks and delivery areas shall face away from the public street and shall be integrated into the architecture of the building.

      L.   Landscaping. A minimum of one tree shall be placed along the right-of-way every forty (40) feet. The tree shall not interfere with the roadway and shall be on private property. (revised 11/25/13)

      M.   Parking. (revised 10/25/21)

         1.   Sufficient parking shall be provided to accommodate the reasonable hourly peak on a given site. Shared parking is encouraged to reduce land devoted to parking. Hourly variations among different types of land use may be considered when estimated parking demands.

         2.   Plantings shall be used to soften and shade parking lots and parking structures. Parking adjacent to streets should be screened from view with landscaping, including but not limited to trees, hedges, flowers and other bushes and/or decorative masonry walls. Berms shall be discouraged. (revised 11/25/13)

         3.   Parking lot islands shall be used to distribute large parking lots into separate areas. Parking lot islands shall be planted with trees or include infiltration basins and plantings. Entry drives shall be defined by trees and shrubs. (revised 11/25/13)

         4.   A concrete curb shall be provided around the periphery of all parking lots and access roads, except where the City Engineer determines that a curb would impede drainage.

         5.   Parking structures that are visible from off the site shall display an integration of building materials, form, and colors with the principal building. No signs other than directional signs shall be permitted on parking ramp facades. (revised 11/25/13)

         6.   Parking structures that are visible from off the site shall display an integration of building materials building form, textures, architectural motif, and building colors with the principal building. No signs other than directional signs shall be permitted on parking ramp facades.

      N.   Traffic Study. A traffic study shall be required for all new developments, redevelopments, and significant modifications to existing sites unless waived by the City Council.

      O.   Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors.

         1.   A lighting plan shall be submitted that shows location, type of illumination and design. A photometric analysis of site and building shall be submitted for City approval with all new construction or redevelopment projects.

         2.   Exterior lighting shall be consistent in type, design, scale, and color to create unity in the Districts. High-pressure sodium lighting and other similar types of lighting color may be required by the City to promote a unified lighting color throughout the Districts. Other lighting colors may be considered during the City review process.

         3.   Exterior lighting for parking lots and buildings shall not be excessive and shall be directed at their intended purposes.

         4.   Lighting under a gasoline station canopy shall not be directly visible from the street but shall be recessed into the canopy or otherwise shielded.

         5.   Light washing of buildings and accent lighting may be permitted through the City review process provided that it does not negatively impact residential areas or traffic safety and is complementary to the district as a whole.

      P.   Pedestrian and Bicycle Circulation. Pedestrian and bicycle improvements shall be installed in accordance with the City of Arden Hills Comprehensive Plan and the local guiding plan and shall be in conformance with the following:

         1.   Site design shall facilitate pedestrian connections and mobility within and between buildings, sites, and uses by providing clear visual indicators through door placement, signage, striping, raised pathways, and integrating landscaping components. (revised 11/25/13)

         2.   An internal sidewalk system shall link the primary entrance of each building on site with the public sidewalk or trail network. In the event a building is subdivided into multiple separated tenant spaces, a sidewalk must link the primary entrance of each separated tenant space with the public sidewalk network. (revised 11/25/13)

         3.   Where there is new building construction or renovation where the renovation value is thirty percent (30%) or more of the pre-renovation value of the structure, a minimum six foot concrete sidewalk adjacent to or in all rights-of-way shall be provided. The location of the sidewalk shall be prescribed by the Public Works Director. The new sidewalks shall connect to sidewalks on adjacent properties if they exist. At the discretion of the City Council, the property owner may, in lieu of constructing the sidewalk, pay the City an amount equal to the cost of constructing the sidewalk to satisfy the obligations of this section. Said payment shall be used by the City to further maintain and construct the pathway system within the City. (revised 11/25/13)

   Q.   Bicycle Parking. (adopted 11/25/13)

      1.   General Requirements.

         a)   Bicycle parking may be provided using the following approaches: bicycle racks, bicycle lockers, or bicycle parking stations.

         b)   Bicycle racks must support a bicycle frame at two locations and enable the frame and one or both wheels to be secured. The City requires that bicycle racks meet inverted "U", ring-and-post, or comparable design standards.

         c)   Bicycle racks or lockers must be securely anchored to a level, concrete or pavement surface.

      2.   Location Criteria. Bicycle parking shall be located in a safe, designated area and should be within fifty (50) feet of the primary building entrance. Bicycle racks shall be visible either from within the building or the public right-of-way.

      3.   Dimension Criteria.

         a)   At least two (2) feet of clearance shall be provided from the centerline of each adjacent bicycle rack.

         b)   An access aisle of at least five (5) feet shall be provided in each bicycle parking facility.

         c)   Bicycle racks shall be at least twenty-four (24) inches from a wall to which they are parallel and thirty (30) inches from a wall which they are perpendicular.

      4.   Number of Required Bicycle Parking Spaces. For commercial uses, one bicycle parking space shall be provided for every twenty (20) automobile parking spaces. A minimum of two (2) parking spaces is required.

   R.   Drainage/Water Management Plan. Stormwater management plans shall comply with Rule C: Stormwater Management Plans of the Rice Creek Watershed District Rules.

   S.   Environmental Conservation and Sustainability. The City encourages the use of green materials and environmentally friendly construction and site design such as the use of pervious surfaces, green rooftops, energy efficient materials, LEED standards, and other green building techniques.

   Subd. 1   Findings, Purpose and City Authority.

      A.   Findings and Purpose. The purpose of this section is to identify trees that are to be saved when development or land disturbing activity is occurring. It is the City's intent to protect, preserve, and enhance the natural environment of Arden Hills and to encourage a resourceful and prudent approach to development. The city council finds it is in the best interest of the city to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to development and property alteration. In the interest of achieving these objectives, the city has established the comprehensive tree preservation regulations herein to promote the furtherance of the following:

         1.   Protect and preserve the environment and natural beauty of the City;

         2.   Minimize tree and habitat loss during development and construction;

         3.   Establish minimum standards for tree preservation, landscaping, and the mitigation of environmental impacts resulting from landscape tree removal;

         4.   Enforce tree preservation and landscaping standards to promote and protect the public health, safety and welfare of the community;

         5.   Increase and maintain property values;

         6.   Enhance energy conservation through natural insulation and shading;

         7.   Prevent or reduce soil erosion, sedimentation and stormwater runoff;

         8.   Protect privacy by maintaining buffers between land uses; and

         9.   Preserve the variety and extent of trees which exist in the City and which are an integral part of this City's identity.

      B.   City Authority. To preserve protected trees, the City may:

         1.    Require and enforce a tree preservation plan as described below;

         2.    Specify trees or groups of trees for preservation;

         3.    Specify grading limits;

         4.    Require the clustering of buildings or the relocation of roads, drives, buildings, utilities or storm water facilities when this would preserve protected trees;

         5.    Specify time periods in which tree cutting, trimming or injury may not occur in order to prevent the spread of disease; and

         6.    Require easements to ensure that groups of significant trees are not destroyed after the development has been approved.

   Subd. 2   Tree Preservation Plan.

      A. Scope. A Tree Preservation Plan is required as part of an application for:

         1.    New building construction in any zoning district;

         2.    An expansion of an existing building or hard surface by ten percent or greater, where an approved tree preservation plan is not on file with the city;

         3.    Any project for which a city grading permit or erosion control permit is required

         4.    A plat or minor subdivision.

      B.    Tree Preservation Plan Submission Requirements. A Tree Preservation Plan must include a tree survey certified by a registered land surveyor, landscape architect, or forester. See Appendix A for details on the requirements of a Tree Preservation Plan. Projects on residential sites of fewer than two lots are not required to have tree surveys certified. Applicants are encouraged to consult with city staff concerning preservation of protected trees before developing a Tree Preservation Plan.

      C.    Review Process. The tree preservation plan shall be reviewed by the city to assess the best possible layout to preserve significant trees and to enhance the efforts to minimize damage to significant trees. The applicant shall meet with city staff prior to submission of the development application or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage and other physical features, in order that the fewest significant trees are destroyed or damaged.

   Subd. 3   Performance Guarantee.

      A.   Any applicant required to submit a tree preservation plan shall provide the required performance guarantee following preliminary approval of the tree preservation plan and prior to any construction and/or grading to insure completion and maintenance of all landscaping and trees in accordance with the approved tree preservation plan required hereunder.

      B.   The amount of a bond or other approved financial surety shall be 125% of the cost of materials and installation.

      C.   The bond or other financial surety shall be provided prior to the issuance of any building or grading permits and shall be valid for two full years, from the date of installation.

      D.   For any tree that is not in accordance with the approved tree preservation plan at the end of two growing seasons, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance.

   Subd. 4   Compliance with Plan. The applicant shall implement the tree preservation plan prior to and during any construction. The tree protection measures shall remain in place until all grading and construction activity is terminated.

      A.   Tree Removal Prior to Approval. No significant trees shall be removed until a tree preservation plan is approved by the city and except in accordance with the approved tree preservation plan.

      B.   Inspection. The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The city shall determine whether compliance with the tree preservation plan has been met.

      C.   Unapproved Tree Loss. If a tree that was required to be preserved is removed or damaged so that it is in a state of decline within two growing seasons from date of project closure, it must be mitigated at a rate of 2:1, or two caliper inches of trees replaced for every caliper inch of tree removed. This provision also applies to an easement area that is disturbed during or after development. The City may use the performance guarantee to accomplish this.

   Subd. 5   Tree Removal and Preservation.

      A.   Tree Removal Allowance. Mitigation shall not be required for removing, cutting, or killing trees when:

         1.   Fewer than ten (10) percent of the caliper inches of the significant trees on the property are cut, removed, or killed

         2.   There is an existing principal use on the property and no construction, grading, or development is to occur in the location of the removed tree(s) within two years thereafter.

         3.   The trees to be removed, cut, or killed are identified as diseased or nuisance trees.

      B.   Reduced Requirements. Mitigation requirements can be reduced as determined by the City Council when there is a greater public good such as;

         1.   Allowing for LEED Certified architectural practices;

         2.   Providing affordable housing;

         3.   Allowing for a public road or trail; or

         4.   Providing for a public utility service.

      C.   Planned Unit Developments. A PUD plan for a new subdivision will be approved only if it demonstrates that the new subdivision has a reasonable number of lots or units and has lot lines and building pads that minimize tree loss. Mitigation must be provided for any removal of significant trees.

      D.   Diseased and Nuisance Trees. Prior to grading, all diseased and nuisance trees on the subject property shall be removed from the property at the time of grading and prior to the commencement of building construction. Diseased and nuisance trees shall not count toward calculation of significant tree inventory.

      E.   Removal of Trees Prior to Application Submittal. A tree that was removed or otherwise destroyed by unnatural causes within two years before a development application will be regarded as if it were present at the time of construction or a development application.

   Subd. 6   Approved Tree Mitigation.

      A.   Mitigation Standards. Mitigation for tree removal of significant trees must meet the following specific standards;

         1.   Mitigation Rate. Significant live trees lost or reasonably anticipated to be lost as a result of building, construction, or grading immediately or in the future, shall be replaced by the property owner by planting that number of caliper inches of trees ("replacement trees") determined at a rate of 1:2 or one inch replaced for every two inches lost. The trees required to be replaced pursuant to this Section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code.

         2.   Mitigation Species. Replacement trees shall be of a species similar to the trees which are lost or removed and shall include those species pre-approved in writing by the City. The City maintains a list of trees provided for guidance in selection of trees and shrubs.

         3.   General Mitigation Standards.

            a)   All replacement trees shall meet the American Standards for Nursery Stock relating to quality of stock and appropriate sizing of the root ball for balled and burlapped and spade-moved trees.

            b)   Trees planted in accordance with mitigation requirements shall not be comprised of more than 25 percent of the same species or size unless approved by the city.

            c)   Replacement trees shall be planted on the same property from which the trees were removed. If the City determines, at its sole discretion, that the number of replacement trees to be planted exceeds the number of trees that can be accommodated practically on-site, off-site planting may occur at locations to be determined by the City, or a landscaping fee in lieu of off-site planting may be required as provided in paragraph d below.

            d)   Where tree replacement on-site in satisfaction of Subd. 6.A above is not practical and a suitable off-site location cannot be determined by the City, a landscaping fee in lieu thereof may be assessed for the replacement required. The landscaping fee amount shall be the cost of materials and installation of tree(s), plus ten (10) percent, and shall be provided by the applicant and approved by the City. All landscaping funds collected shall be expended exclusively towards landscaping, as defined by the ordinance, for implementation of the goals listed in Subd. 1 of this section and Section 1325.05, Subd. 1.A.

            e)    Development that is subject to the landscape requirements in Section 1325.05 of the Zoning Code may count preserved trees towards the required landscaping plan. The planting of trees for mitigation shall be in addition to the landscape requirements of Section 1325.05 and shall be replaced in accordance with paragraph c and/or d above.

            f)   The required mitigation trees shall be replaced by the property owner or original developer if they have died or have severely declined after the second full growing season following installation. A tree shall be considered to be severely declined if more than 25 percent of the crown has died.

   Subd. 7   General Tree Protection Standards.

      A.   Prior to Construction. Before construction, grading or land clearing begins; trees or tree areas that are to be preserved shall be visibly marked and the city-approved tree protection fencing or other method shall be installed and maintained at the critical root zones of the trees to be protected. The location of the fencing shall be in conformance with the approved tree preservation plan. This fencing shall be inspected by city staff before site work begins.

      B.   During Construction. The following activities shall be prohibited within the critical root zone areas of trees to be protected.

         1.   Trenching;

         2.   Temporary storage of any construction materials or chemicals; and

         3.   The routing or parking of heavy equipment, including cars, trucks, bulldozers and construction trailers.

         4.   Sediment and erosion control. All sediment and erosion-control silt fencing or straw bales shall be placed at the limits of grading or where needed to minimize the deposition of sediment within the drip line of the protected tree(s).

         5.    Attaching protective devices, signs, etc., to trees is prohibited. No protective devices, signs, utility poles or lines, or other objects shall be nailed or attached to any trees that are to be preserved.

         6.   Other actions prohibited. Any other action within the drip line of the protected tree(s) that may result in the severing of roots or compaction of soil, or that may impede the free access of air and water to tree roots, shall be prohibited.

      C.   Ponding. Water retention ponding may not be located where there are significant trees, unless approved by the city. The water retention ponding must be created in a manner that prevents erosion into any nearby water resource.

      D.   Amendments to Plan. An amendment to the tree preservation plan shall be required prior to the removal of trees that were designated for preservation on the original tree preservation plan. The amendment shall be subject to City approval prior to implementation.

   Subd. 1   Off-Public Street Parking.

      A.   Area and Dimensions of Each Parking Space. For the purpose of this Code, a parking space shall be not less than three hundred (300) square feet per vehicle of standing and maneuvering area. Individual spaces shall be at least nine (9) feet in width and eighteen (18) feet in length.

      B.   Access. All off-street parking spaces shall have access driveways and access directly to public streets or alleys. Curb cuts for uses other than single family homes shall require approval from the Council. The number of curb cuts along arterial and collector roads shall be held to a minimum whenever possible. Any residential lot, which has frontage on both a local street and a collector street or a major or minor arterial (as defined by the Comprehensive Plan of Arden Hills) shall gain access only from the local street.

      C.   Construction Standards. These standards shall apply to all development:

         1.   Surfacing. Off-street parking areas and drives shall be improved with a paved surface. Such areas shall be so graded and drained so as to dispose of all surface water accumulation within the area as required by the City and the Rice Creek Watershed District.

         2.   Curbs. A concrete curb and gutter shall be constructed for all developments according to the requirements of the City Engineer except driveways for single and two-family residences.

      D.   Location. All off-street parking spaces herein required shall be located according to the following:

         1.   Spaces required for one and two family dwellings shall be on the same lot as the principal structure.

         2.   Spaces required for multiple-family dwellings shall be on the same lot as the principal structure served or within two hundred (200) feet of the main entrance if not located on the same lot.

         3.   Spaces required for business and industrial uses should be within eight hundred (800) feet of the main entrance to the principal building served.

         4.   No off-street parking space, with the exception of the driveways, shall be within twenty (20) feet of the right-of-way line of any public street, except in the GB District where the setback shall be fifty (50) feet.

         5.   In no case shall off-street parking areas containing four (4) or more parking spaces be closer than five (5) feet from any side or rear lot lines, except in the GB District where no such parking shall be closer than twenty (20) feet to any exterior project lot lines other than for joint facilities as permitted herein, or as otherwise permitted in this Code.

         6.   If required parking is located on a site other than the site on which the principal building or use is located, a properly drawn legal instrument, executed by the parties involved, must be executed and filed with the City and the proper county office, if deemed necessary by the City Attorney, which provides for such parking and which shall not be terminated without approval by the City Council.

      E.   Joint Facilities. The required off-street parking spaces for two (2) or more uses may be located jointly on the same lot, adjoining lot, or in the same structure when

         1.   The number of spaces provided is equal to or greater than the sum of the separate requirements for each use; and

         2.   The joint facility is reasonably related to the destination of the user; and

         3.   It can be demonstrated that there will be no substantial conflict in the principal operating hours of the uses to be served; and

         4.   Setbacks for such joint parking facilities meet the minimum parking setback requirement from any lot lines other than the common lot lines between the lots involved in the joint parking where setback requirements may be waived; and

         5.   A properly drawn legal instrument, executed by the parties involved, is filed with the City and the proper county office, if deemed necessary by the City Attorney, which provides for such mutual parking agreement which shall be terminated without the approval of the Council.

      F.   Reduction in Number of Required Spaces. The number of spaces required for a specific use may be reduced if the owner or occupant provides documentation that a lesser number of spaces will actually be needed than normally required by this Code and the City Council authorizes such lesser number after recommendation by the Planning Commission. The difference in the number of spaces provided and those required shall be shown on the approved site plan as "proof-of-parking" and shall be constructed if and when the need for such additional spaces arises.

      G.   Conversion or Alteration of Approved Uses. Commercial or industrial buildings for a use, or uses, which is proposed to be converted, remodeled, or modified to accommodate another allowable use, or uses, which has a greater off-street parking requirement shall be required to apply for Site Plan Review and approval to assure the adequacy of off-street parking.

      H.   Parking Structures. The minimum setbacks of parking structures shall be the same as for principal buildings in the district and the exterior finish shall be compatible with the principal building served by the parking structure.

      I.   Loading Areas and Maneuvering Space. Such areas shall not be used to satisfy the parking requirements in this Section.

      J.   Off Street Parking Spaces Required:

 

      K.   Parking Capacity to be Maintained.

         1.   Surfacing and striping of parking lots shall be maintained in a manner that will assure that the designated parking capacity is met.

         2.   Snow storage areas shall be provided so that the number of parking spaces is not reduced below the minimum required. The City may initiate proceedings to require that snow be hauled off the site if parking and circulation problems related to inadequate snow-removal occur.

         3.   Required parking, loading or maneuvering space shall not be used for the sales, storage, display or leasing of vehicles, boats or products, except for temporary use by special permit.

      L.   Building Permit and Site Plan Approval Required. A building permit shall be required in such case where a commercial, industrial, public or semi-public land use is intending to construct on-site parking containing a site aggregate of more than four (4) spaces or a loading facility that is not a part of, or has prior approval as part of a site plan for which a building permit has been issued.

      M.   Inoperable and Unlicensed Vehicles. Passenger vehicles, recreational vehicles, trucks and watercraft that are in an inoperable condition or are unlicensed or in storage shall not be parked outdoors in the City for a period exceeding seven (7) days. "Inoperable" shall mean incapable of movement under its own power or in need of repair or disposal in a junkyard.

   Subd. 2   Off-Street Loading. Off-street loading space shall be provided in connection with any use which requires the receipt or distribution of materials by truck. Where noise from such loading space is audible in a residential district, the activity shall terminate between the hours of 7:00 p.m. and 7:00 a.m.

   Subd. 3   Traffic and Circulation.

      A.   Accessibility to Public Streets. All commercial and industrial buildings or structures and their accessory uses shall be accessible to and from nearby public streets.

      B.   Traffic Control Measures. Vehicular traffic generated by a commercial or industrial use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic. The adequacy of any proposed traffic circulation system to accomplish these objectives shall be determined by the city which may require such additional measures for traffic control as deemed necessary, including, but not limited to the following: Directional signalization, channelization, standby turn lanes, illumination, snow storage area and distribution facilities within the commercial site to prevent backup of vehicles on public streets. Internal site traffic shall be designed to separate perimeter traffic and parking areas. Parking stalls shall be oriented so as to accommodate pedestrian traffic in a safe manner such as, but not limited to, orienting parking aisles toward the principal building entrances.

      C.   Driveways.

         1.    Driveway widths. The permitted width of accesses to County or State streets or roads is subject to County or State regulations. The following are the required driveway widths for driveways accessing the following types of streets or roads, the measurements being between the edges of the driveway at right angles thereto.

 

 

      2.    Minimum Driveway Angle to Public Street: Thirty (30) degrees when the public street is one-way or divided, otherwise sixth (60) degrees.

      3.    Minimum Distance of Driveway from Street Intersections: Distance shall be measured along street right-of-way line between the nearest driveway edge and the nearest right-of-way line of the intersecting street.

 

* Note: Minimum distance to be the same as that specified for approaching lane if left turns are permitted into or out of driveway.

      4.    Proximity to lot lines. Access drives may be placed adjacent to property lines, but in no case shall a driveway be placed nearer than five (5) feet to an existing drive on an abutting parcel.

      5.    Proximity to residence or other principal building. No access drive shall be closer than three (3) feet to any single- or two-family residence, nor closer than five (5) feet to any other principal building.

      6.    Traffic Study May Be Required. Any site development that proposed to increase the peak hour traffic on streets or highways near the development, may be required to submit a Traffic Study prepared by a qualified traffic engineer, that defines the impact of the development on the street and highway system and shows techniques to mitigate potential problems.

   NOTE:   See City Code, Chapter 8, for additional on-street parking regulations.

      7.    Access to streets. Each property which abuts one or more public streets, shall be entitled to at least one access to a public street. Single family uses shall be limited to one (1) access per property.

      8.    Prohibited areas. In all residential districts, parking shall be prohibited on any area of the property except on designated driveways or parking lots. There shall be no more than four vehicles parked on the driveway.

(revised 9/27/21)

   Subd. 1   Maintenance.

      A.   Health and Safety. In all districts, all buildings and structures, including fences and required landscaping, shall be maintained so as not to be unsightly or present harmful health or safety conditions.

      B.   Snow Removal. In all districts, it shall be the responsibility of the residential and/or business land owner to insure proper snow removal from the sidewalks within twenty-four (24) hours after the last accumulation of two (2) inches or more.

   Subd. 2   Refuse.

      A.   Containment. In all districts, any waste materials, debris, refuse or garbage shall be stored and kept in accordance with the requirements of Section 660.05 of the City Municipal Code, as the same may be amended from time to time.

      B.   Noxious Weeds and Objectionable Plant Growth. Land shall be kept free of noxious weeds and unsightly or objectionable plant growth of eight (8) inches or more in height.

      C.   Home Interiors. Home interiors shall be kept in a clean and sanitary condition free of any accumulation of rubbish and garbage in compliance with State Health Regulations.

      D.   Compliance Deadline. Existing uses shall comply with these provisions within thirty (30) days following the effective date of this Code.

   Subd. 3   Exterior Storage.

      A.   Residential Districts.

         1.   Materials and Equipment. All materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining lots, except for the following: Laundry drying and recreational equipment, construction and landscaping materials currently (within a period of twelve (12) months) being used on the premises; agricultural materials and equipment if these are used or intended for use on the premises; off-street parking of passenger cars and pickup trucks.

         2.   Boats, Trailers and Utility Vehicles. Exterior storage of boats, trailers and utility vehicles is not permitted in any residential district, except as regulated in Section 1325.12.

      B.   Business and Industrial Districts.

         1.   Screening. All exterior storage in the business and industrial districts shall be screened from public view, except materials and equipment currently being used for on-site construction.

         2.   Parking. Vehicles, including but not limited to cars, trucks, buses and RV's parked and/or stored in public view for more than a period of seven (7) days shall be prohibited unless allowed by the permitted business or industrial use, except as regulated in Section 1325.12.

   Subd. 4   Electrical and Radiation Emissions. No activities shall be permitted that emit dangerous radioactivity beyond an enclosed area. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbances.

   Subd. 5   Environmental Pollution. Emission or creation of noise, odors, vibrations, glare, dust, smoke, heat and toxic or noxious fumes shall conform to such standards as are from time to time established by the Minnesota Pollution Control Agency. None of these shall be at a level that is objectionable to surrounding properties.

   Subd. 6   Animals. (Amd. Ord. 2024-006, passed 6-24-2024)

      A.   Location for Buildings Housing Farm Animals. Any building in which farm animals are kept shall be located a distance of two hundred (200) feet or more from any lot line. Any open structure in which farm animals are kept shall be a distance of four hundred (400) feet or more from any lot line, except for chicken coops and bee hives in the R-1, R-2, and R-3 Districts provided the following requirements are met:

         (1)   A coop, separate from other structures, is required to house the chickens. Coops must be constructed and maintained to meet the following minimum requirements:

            a.   A coop with a minimum of 20 square feet and no larger than 36 square feet is permitted as an accessory structure subject to Section 1325.01. Subd. 4 A. for Size.

            b.   Exemption to Ordinance - A residential property with a detached garage and an accessory structure/shed will be allowed a third accessory structure for keeping chickens. The combined square footage of all three detached structures may not exceed 728 square feet.

            c.   Located in the rear yard. Chicken coop, pen, and optional exercise yard are not permitted in the front or side yard.

            d.   Setbacks are subject to applicable accessory structure setbacks of the underlying zoning district. In no instance shall the coop be located in front of the rear building line of the principal structure.

            e.   The outer limit of the coop including pen shall be located closer to the principal dwelling upon the property that is issued a license than any other residential dwelling on an abutting property and shall in no instance be located less than ten (10) feet from the property line and no closer than twenty-five (25) feet to any public trail or walkway.

            f.   Climate control – adequate ventilation and/or insulation shall be provided to maintain the coop temperature. Prior to issuance of a new license, the prospective license holder must provide a plan for maintaining an adequate temperature in the coop for safety of the fowl or poultry. The plan must address both extreme winter and summer temperature conditions.

            g.   Rodent proof – coop construction, all grain and food, and materials must be adequate to prevent access by rodents.

            h.   Coops shall be constructed and maintained in a workmanlike manner.

            i.   Chickens must not be housed in a residential house or an attached or detached garage.

         (1)   The number of hives on residential lots is not to exceed:

            i.   1 acre or larger: 8

            ii.   1 acre to 3/4 acre: 6

            iii.   3/4 acre to 1/2 acre: 4

            iv.   1/2 acre or less: 2

         (2)   The bee hive(s) may not be located in the front yard or a side yard abutting a street.

         (3)   Bee hive(s) may be no closer than twenty-five (25) feet to an occupied building on another lot and/or any public trail or walkway.

         (4)   The hives shall be located at least ten (10) feet from side and rear property lines.

         (5)   Any property owner who keeps bees shall provide and maintain a nearby, designated water source.

         (6)   Prior to installation of the bee hive(s), the property owner shall provide written notice to the neighbors immediately adjacent of their intent to keep bees.

      B.   Number of Animals Allowed. Up to four (4) domestic animals, excluding birds and fish, are permitted in any dwelling unit, but without a residential dog kennel license not more than two (2) may be dogs. Up to three (3) dogs are allowed with a residential dog kennel license. Dog enclosures may be located only in a rear yard in all zoning districts.

      C.   Animals for Research. Animals for research may be kept in appropriate places by conditional use permit.

      D.   Wild Animals. Wild animals are not permitted in any district.

   Subd. 7   Site Grading.

      A.   Erosion Prevention. Earth surfaces shall be planted or stabilized to prevent erosion.

      B.   Drainage onto Neighboring Property. Finished slopes and grades shall not cause adverse drainage effects on adjoining properties.

   Subd. 1   Permit Required. A Grading and Erosion Control permit also subject to Chapter 15 shall be required for any filling or excavation of up to four hundred (400) cubic yards per parcel, or four hundred (400) cubic yards per acre, whichever is greater. Operations of over the above-described amounts shall be considered land reclamation or mining, and shall require a conditional use permit in accordance with Section 1355.04, Subd. 3 of the Arden Hills Code of Ordinances.

   Subd. 2   Exceptions. The following operations are excepted from the preceding permit requirements:

      A.   Excavation for construction of existing public streets and utilities;

      B.   Filling, excavation, or movement of less than fifty (50) cubic yards of earth for landscaping purposes on a lot already occupied by a residential structure;

      C.   Minor agricultural or conservation operations.

   Subd. 3   Type of Fill. Fill to be placed on sites shall be subject to City Engineer approval. Building construction materials, concrete, bituminous, and soils containing hazardous or toxic waste, predominately organic materials, household wastes, mechanical debris, etc., shall not be permitted.

   Subd. 4   Periodic Operations. Periodic filling or excavation of amounts less than four hundred (400) cubic yards per parcel or per acre shall be allowed under separate Grading and Erosion Control permits until the composite total of such periodic operations exceeds four hundred (400) cubic yards. Further operations will then be subject to a conditional use permit in accordance with Section 1355.04, Subd. 3 of the Arden Hills Code of Ordinances.

   Subd. 5   Submissions. The applicant for a Grading and Erosion Control permit shall submit the information outlined in Chapter 15 Section 1520 – Erosion and Sediment Control Plans and Review.

   Subd. 6   Review Procedure. The Grading and Erosion Control permit application shall be reviewed by the City Engineer and other members of the administrative staff to determine the impact of the proposed operations upon drainage patterns, adjacent properties, wetlands, and bodies of water. The permit may be approved as submitted, approved with modifications, or rejected because of specifically stated adverse impacts. If denied, the applicant may appeal the administrative decision to the City Council within ten (10) days.

(revised 8/5/09)

   Subd. 1   Purpose. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City finds that these regulations are necessary to:

      A.   Maximize the use of existing and approved towers and buildings to accommodate new personal wireless service antennas in order to reduce the number of new towers necessary to serve the community;

      B.   Ensure antennas and towers are designed, located, and constructed in accordance with all applicable code requirements to avoid potential damage to adjacent properties from failure of the antenna and tower through structural standards and setback requirements;

   Subd. 2   Applicability. The regulations in this subsection shall apply to any antenna or tower except as hereinafter provided in Subd. 3.

   Subd. 3   Exemptions.

      A.   Antennas and towers used by the City for City purposes.

      B.   Receptive dish antennas under one (1) meter in diameter and individual receptive antennas, which are no taller than twelve (12) feet above the roofline, regardless of the zoning district.

      C.   In all residential districts, no more than two (2) exempted antennas and no more than one (1) antenna requiring a conditional use permit shall be allowed on any lot or parcel.

   Subd. 4   Conditional Use Permit. (revised 5/6/10)

      A.   New Antennas, dish antennas and towers are allowed only as conditional accessory uses or structures. They are therefore allowed only on property containing a principal use or structure to which the antenna, dish antenna or tower is accessory or secondary. (revised 11/30/15)

      B.   Towers that were in existence prior to April 8, 2010 are allowed as conditional uses and may be the primary use on a property. New antennas may be added to said towers subject to the limitations of the conditional use permit for each tower.

      C.   Antennas, dish antennas, and towers located on property owned by the City of Arden Hills shall not require a conditional use permit and shall not be subject to the height regulations in Subd. 5, Height, of this section.

   Subd. 5   Height. (revised 5/6/10) The height of an antenna or tower shall be measured from the ground at the base of the antenna, tower, or other structure that the antenna is attached to, to the highest point of the antenna or tower. No antenna or tower shall exceed the following height limitations:

      A.   A dish antenna shall not exceed fifteen (15) feet in height if ground or pole mounted and shall not extend more than twelve (12) feet above the roof if it is roof mounted. Regardless of these height limitations, the antenna shall be mounted as close to the ground or roof as practical.

      B.   No antenna or tower shall exceed a height of seventy-five (75) feet.

      C.   Towers constructed prior to April 8, 2010, which exceed the seventy-five (75) foot height limit, shall not be increased in height. New antennas may be placed on said towers provided the antennas meet the requirements of the conditional use permit for the tower and do not exceed the height of the tower.

      D.   No antenna or tower shall exceed a height equal to the distance from the base of the tower to the nearest overhead electrical power line (except individual service drops), less five (5) feet.

   Subd. 6   Location.

      A.   New antennas shall be located on City water tower sites unless the applicant shows, to the reasonable satisfaction of the City, that none of the City water towers can be feasibly used from an engineering standpoint.

      B.   Preferences for Antenna and Support Structure Locations. When selecting sites for the construction of new Antenna Support Structures and/or for the placement of new antennas, when not located on a City water tower site, the following preferences shall be followed in order of listing:

         1.   Existing towers or on existing structures located within any Industrial, Civic-Center, or Business District zoned property

         2.   On new towers located within any Industrial, Civic-Center, or Business District zoned property

         3.   Any existing towers or structures located within any Residential zoned property.

         4.   Any new towers or structures located within any Residential zoned property.

      C.   Co-location Required. If a new antenna support structure is to be constructed, it shall be designed structurally and electrically to accommodate both the applicant's antennas and comparable antennas for at least one (1) additional user. Any antenna support structure must also be designed to allow for future re-arrangement of antennas upon the tower and to accept antennas mounted at different heights. Other users shall include, but not be limited to, other cellular communication companies, Personal Communication Systems companies, local police, fire and ambulance companies.

      D.   Prohibitions. No new support structures shall be approved for construction, unless the applicant shows, to the reasonable satisfaction of the City, that an existing tower or structure is not feasibly available for use from an engineering standpoint.

      E.   Antennas and towers shall be located on sites or buildings in areas that are the least visually intrusive to nearby properties and public streets.

            ii.   With the exception of antennas placed on towers constructed prior to April 8, 2010, antennas, dish antennas or towers shall not be allowed (revised 5/6/10):

         1.   Nearer the street than the principal building on the lot.

         2.   Nearer the side or rear lot lines than the minimum side or rear yard setbacks for accessory uses as established in Section 1320.06 of this Code.

         3.   Nearer to an adjoining property's buildable area than to the principal building on the site on which the antenna or tower will be placed.

         4.   Nearer to any property line than the height of the antenna or tower.

   Subd. 7   Screening.

      A.   Dish Antennas. Screening shall be provided so as to prevent direct view of a dish antenna from any street or from a public or private property within six hundred (600) feet of the dish, as follows:

         1.   Ground Mounted Dishes. Screening for ground mounted dishes shall consist of a fence, wall, earth berm or landscaping, or a combination of these devices.

         2.   Roof or Wall Mounted Dishes. Screening for roof- or wall-mounted dishes shall be in accordance with Section 1325.05 Subd 4

      B.   Antennas. Antennas shall be painted the color of the structure to which they are attached.

   Subd. 8   Special Requirements for City Water Tower Sites. The placement of licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services on water tower sites will be allowed only when the City is fully satisfied that the following requirements are met:

      A.   The applicant's access to the facility will not increase the risks of contamination to the City's water supply;

      B.   There is sufficient room on the structure to accommodate the applicant's equipment and all equipment (antennas, exterior cables, etc) attached to the structure is painted to match the color of the structure;

      C.   The presence of the equipment will not increase the water tower or reservoir maintenance costs to the City;

      D.   The presence of the equipment will not be harmful to the health of workers maintaining the water tower or reservoir.

      E.   Antennas placed on the top of the tower shall not exceed the height of the tallest existing antenna.

      F.   There is sufficient room on the site to accommodate all ground equipment and the following requirements for ground equipment are met:

         1.   The base transceiver station and all other ground equipment shall be housed in an existing on-site equipment building whenever possible. If an existing equipment building is unavailable, a new equipment building may be constructed. If the equipment is to be housed in a weather-proof cabinet-like structure in lieu of a building, it shall be mounted upon a suitable concrete pad.

         2.   If there is an equipment building constructed on site, it shall be subject to City approval.

         3.   To the extent possible, the equipment building or cabinet shall be located adjacent to or near existing on-site buildings.

         4.   The equipment building or cabinet shall be screened from view of adjacent properties by suitable vegetation, except where non-vegetative screening (e.g., a decorative wall or fencing) better reflects and complements the character of the neighborhood.

         5.   The City shall require a suitable financial surety to ensure future removal of the equipment building or cabinet upon termination of the lease.

         6.   All applicants must include a signed report from a State registered engineer showing compliance with all applicable codes, standards and structural requirements of how the additional antennas will affect the water tower structure. A final inspection report from a State registered engineer showing the work completed is in compliance with previously approved plans shall also be required.

   Subd. 9   Requirements.

      A.   A building permit shall be required for all applications except those as stated in Section 1325.09 Subd 1.A.

      B.   The City shall require the applicant to complete a radio frequency interference study that is carried out by an independent and qualified professional reasonably selected by the City that is able to demonstrate that the applicant's use will not interfere with any existing communications facilities.

   Subd. 1   Dwellings. No garage, tent, trailer, vehicle or accessory building shall at any time be used as a dwelling except mobile homes located in an approved mobile home park, and except for structures receiving a temporary permit from the Council. The Council may, in its discretion, grant a temporary permit for the use of the foregoing, structures as dwellings for a period not to exceed ninety (90) days when an emergency or hardship situation exists.

   In addition to the foregoing, the Council, may if in its discretion it determines an emergency or hardship situation exists, grant a temporary permit for the use as a residence of a basement under a finished single family residence where the basement is made suitable and safe for said residential purpose and occupancy is approved by the Building Inspector.

   Subd. 2   Public, Semi-Public and Business Buildings. No portable structures, manufactured housing units, mobile homes, air-supported structures, tents or trailers shall be used as classrooms, offices or any other type of public, semi-public or business use unless such structures are accessory to permanent principal buildings on the site and unless a temporary permit is reviewed by the Planning Commission and approved by the Council. Mobile public libraries, blood mobiles, traveling exhibits, and on-site construction offices are exempt from this provision, however, construction offices shall receive a temporary structure permit in conjunction with the building permit for the principal building requiring the construction office. The City Council may determine that a time limitation for a permit for such a temporary building is necessary to assure that the applicant pursues a permanent solution to the situation that required a temporary building.

(adopted 2/7/08)

   The unregulated outside parking and outside storage of recreational vehicles, utility trailers, riding lawn mowers, and watercraft within a residential use district is found to create a nuisance, hazard and detrimental influence upon the public health, safety and general welfare of the community by obstructing the view on streets and on private property, bringing noise and odors into residential areas, creating cluttered and otherwise unsightly areas, preventing the full use of residential streets for residential parking, reducing the useable open space of streets and private property and otherwise adversely affecting residential property values and neighborhood maintenance and improvement.

   Subd. 1   General Regulations for Recreational Vehicles (RVs), Utility Trailers, Riding Lawn Mowers, and Watercraft in All Districts.

      A.   Storage in an Enclosed Structure. RVs, utility trailers, riding lawn mowers, and watercraft of any height or length may be kept within an enclosed structure provided the structure conforms to the underlying zoning requirements of the district.

      B.   Attachment to Ground Not Permitted. RVs, utility trailers, riding lawn mowers, and watercraft shall not be permanently affixed to the ground in a manner that would prevent removal. RVs and watercraft not permitted to be operated on public streets shall be placed on or in a trailer or motor vehicle.

      C.   Use. RVs, utility trailers, and watercraft shall not be used for temporary or permanent living, sleeping or housekeeping purposes. RVs and watercraft shall not be connected to sewer, water, or other utilities, unless otherwise permitted in Section 1325.12 Subd. 3B.

      D.   Condition While Stored. RVs, utility trailers, riding lawn mowers, and watercraft shall be stored or parked in a secure, safe, orderly, and well-maintained condition that does not inhibit emergency vehicle access to any property. All RVs, utility trailers, riding lawn mowers, and watercraft shall be currently licensed, if applicable, and be operable at all times.

      E.   Ownership. RVs, utility trailers, riding lawn mowers, and watercraft shall be owned by the owner or occupant of the property on which they are stored.

      F.   RVs, utility trailers, riding lawn mowers, and watercraft shall not be permitted on a vacant lot unless in conformance with Section 1325.11.

   Subd. 2   Permitted RV, Utility Trailer, Riding Lawn Mower, and Watercraft Storage. Storing RVs, utility trailers, riding lawn mowers, and watercraft outdoors is permitted in all residential districts provided that all of the following provisions are met:

      A.   No more than three (3) RVs, utility trailers, riding lawn mowers, or watercraft are permitted. Not more than one (1) of the three (3) may be a motor home, travel trailer, camper, or other similar type of RV. RVs and watercraft on a trailer shall be considered as one.

      B.    RVs, utility trailers, riding lawn mowers, and watercraft shall not be greater than twenty-eight (28) feet in length or twelve (12) feet in height.

      C.    One (1) motor home, travel trailer, camper, or other similar type of RV that is greater than twenty-eight (28) feet, but not larger than thirty-four (34) feet, in length is permitted in the rear yard provided that all of the following criteria are met:

         1.   The RV meets the requirements of Section 1325.12 Subd. 2, D, E, and F.

         2.   The rear yard is fully enclosed by a six foot privacy fence or is substantially screened from adjacent properties as determined by the Zoning Administrator; which may include fencing, vegetation, or both.

      D.   RVs, utility trailers, riding lawn mowers, and watercraft shall not be stored within the principal structure side yard setback as required in the underlying zone, and shall be at least ten (10) feet from the rear property line. If both side and rear yards are available for storage, then the location with the least visibility from streets and neighboring property, as determined by the Zoning Administrator, shall be used for such storage.

      E.    RVs, utility trailers, riding lawn mowers, and watercraft shall not be stored closer to the street than the principal structure or attached garage on the lot where they are stored.

      F.    RVs, utility trailers, riding lawn mowers, and watercraft shall not be stored closer to the principal building of an adjoining lot than to the principal building on the lot where they are stored.

      G.    RVs, utility trailers, riding lawn mowers, and watercraft located in the side yard and visible from the public right-of-way shall be screened with a six foot privacy fence or landscaping of similar opacity as determined by the Zoning Administrator, unless they are kept on an improved hard surface.

      H.   Alternative locations for storing a RV, utility trailer, riding lawn mower, or watercraft may be determined by the Zoning Administrator with an administrative permit for one (1) RV, utility trailer, or watercraft, when topographic conditions or lot configuration do not allow for the normal location regulations to be met and all of the following criteria are met:

         1.   It is at least three feet from the side or rear property line;

         2.   It shall not be stored forward of the principal structure, except as otherwise provided for in Section 1325.12, Subd. 3.

   Graphic Storage Location Summary for Subd. 2.

   Subd. 3   Short-Term RV, Utility Trailer, Riding Lawn Mower, and Watercraft Parking in Residential Districts

   A.   Short-Term Parking without Permit. Licensed and operable RVs, utility trailers, riding lawn mowers, and watercraft of any length or height may be parked in driveways for the sole expressed purpose of loading, unloading, and cleaning for a period not to exceed seventy-two (72) hours, provided that they are not within five (5) feet of the curb or, if there is no curb, the edge of the road driving surface, and do not encroach upon a pedestrian walkway.

   B.   Short-Term Parking with Permit. Administrative permits for a period of up to seven (7) days, renewable once during a twelve (12) month period, may be obtained from the Zoning Administrator that would permit a licensed and operable RV, utility trailer, riding lawn mower, or watercraft to park in the driveway, provided it is not within five (5) feet of the curb or, if there is no curb, the edge of the road driving surface, and does not encroach upon a pedestrian walkway. This permit would allow a motor home or other similar vehicle to be connected to water and electricity.

   Subd. 4   Riparian Residential Lots.

   A.   In addition to RV, utility trailer, riding lawn mower, and watercraft storage permitted by Section 1325.12 Subd. 2, the owner or occupant of a riparian lot is permitted to store two (2) additional watercraft.

   B.   RVs, riding lawn mowers, and utility trailers shall not be stored within fifty (50) feet of the shoreline.

   C.   Watercraft shall not be stored within ten (10) feet of the shoreline.

   Graphic Storage Location Summary for Subd. 4.