The purpose of this chapter is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. (Ord. 2014-19, 6-17-2014)

Yard requirements are set forth under each zoning district. In addition, the following requirements shall be complied with:

   A.   Single Use Of Yard Or Open Space: No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open space, or minimum lot area requirements for any other building.

   B.   Encroachment Exceptions: The following shall not be considered to be encroachments on yard requirements:

      1.   Cantilevers up to ten feet (10') in width, chimneys up to six feet (6') in width, and flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than thirty inches (30") into a required yard setback.

      2.   Foundation insulation, siding insulation, and siding.

      3.   Uncovered walkways, uncovered stoops, and uncovered steps within a front yard.

      4.   Terraces, uncovered steps, decks, patios, uncovered porches, uncovered stoops and similar features that do not extend above the height of the main living level of the principal structure, provided that in no case shall any such feature be closer than ten feet (10') from a side or rear lot line. Such features shall comply with the required front yard setback. No encroachment shall be permitted in existing or required drainage and utility easements, unless approved by the City Engineer.

      5.   Window wells and their related covers shall not encroach in existing or required drainage or utility easements, unless approved by the City Engineer.

      6.   Flagpoles, provided that the flagpole is no closer than 15 feet from any property line and no portion of the pole, or any appurtenances attached thereto, extends beyond any property line.

   C.   Party Walls: Side yard setback requirements do not apply to party walls within a building. Additionally, the extension of a party wall to screen patios, decks or other open space areas may be allowed by the Zoning Administrator provided such walls are constructed of the same materials as the principal buildings. Such walls are not considered fences and may be constructed along the common lot line.

   D.   Through Lots: Through lots shall have a required front yard on each street.

   E.   Required Front Yard Setback Exceptions For New Or Expanded Homes On Existing Lots: In the case of single-family residential lots platted prior to the date of this chapter, the required front yard setback as established by the respective zoning districts may be reduced to a distance equaling the average front yard setback of existing principal structures adjacent to the lot fronting on the same street. The Zoning Administrator shall approve the reduced setback if there is compliance with this chapter and all other applicable ordinances. (Ord. 2018-001, 1-2-2018; amd. Ord. 2021-020, 12-21-2021)

In areas served by private wells or private sewage disposal systems, the City Council may require larger lots than required by the zoning districts if soil tests indicate that a larger lot is necessary to ensure the sanitary function of such systems. (Ord. 2014-19, 6-17-2014)

   A.   Exceptions: The building height limits established in each zoning district shall not apply to the following list of items, except that no such structural element may exceed fifty feet (50') in total height, or ten feet (10') above the actual building height, whichever is less:

      1.   Amateur radio antennas.

      2.   Antennas installed on an existing structure.

      3.   Belfries.

      4.   Chimneys or flues.

      5.   Church spires.

      6.   Cooling towers.

      7.   Cupolas and domes which do not contain usable space.

      8.   Elevator penthouses.

      9.   Fire and hose towers.

      10.   Flagpoles shall be limited to a maximum of 50 feet in height regardless of building height.

      11.   Grain elevators, silos, barns and other structures on farms.

      12.   Monuments.

      13.   Necessary mechanical and electrical appurtenances.

      14.   Observation towers.

      15.   Parapet walls.

      16.   Public and semipublic utility facilities or essential services.

      17.   Solar panels.

      18.   Smokestacks.

   B.   Wireless Telecommunications Towers: Wireless telecommunications towers, including amateur radio antennas, shall be regulated by title 9, chapter 4 of this Code. (Ord. 2019-001, 3-19-2019; amd. Ord. 2021-020, 12-21-2021)

   A.   Number: Not more than one principal building shall be allowed on any lot.

   B.   Size: All principal structures shall be a minimum thirty feet (30') in length and twenty four feet (24') in width over that entire minimum length. Width measurements shall not take into account overhangs and other projections beyond the principal walls.

   C.   Parapet Walls: Use of parapet walls may only increase actual building height by up to three feet (3') regardless of how tall the parapet wall is.

   D.   Footings: All principal structures shall have a continuous concrete perimeter footing in compliance with title 9, chapter 1, "Building Code", of this Code.

   E.   Building Elevation: For all zoning districts, the lowest floor elevation of any structure must be above "periodically saturated soil" conditions, "100-year storm water elevation" or ordinary high water mark as defined and enforced in section 9-1-5 of this Code. (Ord. 2019-001, 3-19-2019)

   A.   Grading And Drainage: No land shall be developed and no use shall be permitted in the City that results in water runoff causing flooding, erosion, or deposit of sediment on adjacent properties which is inconsistent with the grading and erosion control plan provisions of the Subdivision Ordinance.

   B.   Visibility: Vision clearance areas are triangle shaped areas located at the intersection of any combination of rights-of-way, alleys or driveways. Except as may be approved by the Zoning Administrator, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be placed on or extend into any yard or right-of-way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway. Visibility from any street or driveway shall be unobstructed above a height of three feet (3'), measured from where both street or driveway curblines intersect within a triangular area described as beginning at the intersection of the projected curb line of two (2) intersecting streets or drives, thence thirty feet (30') along one curb line, thence diagonally to a point thirty feet (30') from the point of beginning along the other curb line. The exception to this requirement shall be where there is a tree, planting, landscape arrangement, or other minimal obstruction of sight within such area that will not create a total obstruction wider than three feet (3'). These requirements shall not apply to conditions that legally exist prior to the effective date of this chapter unless the Zoning Administrator determines that such conditions constitute a safety hazard.

   C.   Smoke: The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota pollution control standards, Minnesota regulation APC 7017.

   D.   Dust And Other Particulate Matter: The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota pollution control standards, Minnesota regulation APC 7011.

   E.   Air Pollution: The emission of air pollution, including potentially hazardous emissions, by any use shall be in compliance with and regulated by Minnesota Statutes 116, as may be amended.

   F.   Noise: Noises emanating from any use shall be in compliance with the Minnesota pollution control standards in Minnesota Rules chapter 7030 as may be amended.

   G.   Sewage Disposal: Individual sewage disposal systems shall be installed and operated in compliance with the applicable provisions of this Code.

   H.   Bulk Storage (Liquid): All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of and have appropriate permits indicating compliance with the Minnesota State Fire Code and Minnesota Department of Agriculture regulations.

   I.   Radiation Emission: All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency.

   J.   Electrical Emission: All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.

   K.   Setbacks From Public Streets: All setbacks from public streets or proposed public streets shall be measured from the planned widened rights-of-way in accordance with City policy. All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City. (Ord. 2019-001, 3-19-2019)

   A.   Residential Zoning Districts: All materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following:

      1.   Agricultural equipment and materials if these are used or intended for use on the premises.

      2.   Boats and house trailers, less than twenty feet (20') in length, are permissible if stored in a side or rear yard not less than ten feet (10') distance from any property line.

      3.   Construction and landscaping materials and equipment currently being used for construction on the premises.

      4.   Laundry drying equipment.

      5.   Off street parking except as otherwise regulated herein.

      6.   Outdoor furniture and lawn and garden equipment.

      7.   Swings, slides and other play equipment.

      8.   Wood for burning in a fireplace, stove or furnace provided it is stored as follows:

         a.   In a neat and secure stack, not exceeding five feet (5').

         b.   The wood stack is not infested with rodents.

         c.   The wood is not kept in a front yard.

   B.   Nonresidential Zoning Districts:

      1.   Outside Storage/Display:

         a.   Exterior storage and display shall be governed by the respective zoning district in which such use is located.

         b.   The area used for outside storage shall be hard surfaced with blacktop or concrete, unless specifically approved by the City Council, to control dust and drainage.

         c.   All exterior storage shall be located in the rear or side yard and shall be screened in accordance with the standards in subsection 10-4-8A of this chapter, so as not to be visible from adjoining properties and public streets except for the following:

            (1)   Merchandise being displayed for sale in accordance with zoning district requirements, subject to approval of a conditional use permit. The conditional use permit shall only be granted if the City Council finds:

               (A)   The proposed storage/display is clearly accessory to the principal use.

               (B)   The proposed storage/display will not conflict with any required parking areas, drive aisles or loading areas.

               (C)   The proposed storage/display will only be located in approved areas.

            (2)   Materials and equipment currently being used for construction on the premises.

   C.   All Zoning Districts:

      1.   Passenger automobiles and trucks not currently licensed by the State, or which are incapable of movement under their own power due to mechanical deficiency, which are parked or stored outside for a period in excess of ninety six (96) hours, and all materials stored outside in violation of the City ordinances are considered refuse or junk and shall be disposed of pursuant to City regulations.

      2.   Any accumulation of refuse not stored in containers which comply with this Code, or any accumulation of refuse including car parts is hereby declared to be a nuisance and may be abated by order of the Zoning Administrator, as provided by Minnesota Statutes and title 6, chapter 3 of this Code. The cost of abatement shall be recovered in accordance with the applicable provisions of title 6, chapter 3 of this Code.

      3.   Except for temporary construction trailers and mobile services operated by public service agencies (i.e., bookmobile, bloodmobiles, etc.) as allowed by the City, and trailers parked in a designated and improved loading area, no vehicle may be used for office, business, industrial manufacturing, testing, or storage of items used with or in a business, commercial or industrial enterprise, unless otherwise approved by the Zoning Administrator.

      4.   The City Council may order the owner of any property to cease or modify open storage uses including existing uses, provided it is found that such use constitutes a threat to the public health, safety, convenience, or general welfare.

   D.   Storage Of Garbage And Trash:

      1.   No exterior incineration of trash or garbage is permissible.

      2.   No exterior storage of trash or garbage is permissible except in an accessory building enclosed by fully opaque walls and/or fully opaque fences. These required trash enclosures shall have a concrete foundation or other similar surface approved by the Zoning Administrator. The exterior color of the walls and/or fences of the trash enclosure shall match the primary exterior color of the principal structure. Covered garbage cans in Agricultural and Single-Family Districts are exempt from these screening requirements.

      3.   Any accumulation of refuse not stored in containers which comply with this Code, or any accumulation of refuse including car parts which has remained on a property for more than thirty (30) days is hereby declared to be a nuisance and may be abated by order of the Zoning Administrator, as provided by Minnesota Statutes. (Ord. 2019-001, 3-19-2019; amd. Ord. 2021-020, 12-21-2021)

   A.   Screening:

      1.   Required: Emphasis shall be placed on screening and buffering when adjacent to County or State roadway corridors and in areas where Nonresidential Districts abut Residential Districts. Screening shall be required for service yards, refuse, and waste removal areas, loading docks, truck parking areas, and other similar areas which tend to be unsightly. The screening may be accomplished through the use of walls, fencing, dense planting effective year round or any combination of these elements.

         a.   Screening shall be in harmony with the materials of the building, surroundings or other furnishing.

         b.   The screening shall be equal to or greater than the height of the object being screened as deemed appropriate by the City.

         c.   Required screening shall not be located in the vision clearance areas as defined by this Code.

      2.   Natural Vegetation: Street or utility easements or planned rights-of-way with natural vegetation shall not be used to meet screening requirements. Removal of any natural vegetation buffer now in place on undeveloped property shall require submittal of a replacement screening plan.

      3.   Exception: This screening requirement is not applicable to established business or industrial areas adjacent to property that is subsequently rezoned to residential use.

   B.   Mechanical Equipment: Mechanical equipment, gas meters, satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be designed (including exterior color) and located to be aesthetically harmonious and compatible with the building.

      1.   Screening may be required where the design, color and location of the equipment are found to be ineffective to buffer noise or provide aesthetic harmony.

      2.   When required to be screened from the public view, the screening shall be with materials similar to the building’s exterior materials or by heavy landscaping that will be effective year round or they shall be located so as not to be visible from any public way.

      3.   The screening shall be one hundred percent (100%) opaque and equal to or greater than the height of the object being screened.

      4.   No rooftop unit (RTU) shall be visible if viewed at a height of five feet (5') above finish floor level at a distance of one hundred feet (100') from the building; any visible portion of any RTU beyond this point shall be painted to match the primary color of the exterior of the principal structure. Use of parapet walls or pitched roof elements to screen equipment is encouraged. In no case shall wooden fencing be used as a rooftop equipment screen. All RTU screening elements shall match the primary color of the exterior of the principal structure.

      5.   The mere addition of mechanical equipment to an existing building shall not be considered an addition or a change in building height.

   C.   Fencing/Retaining Walls:

      1.   Permit Required: A fence permit is required from the City prior to installation, relocation or alteration of any fence.

      2.   Height: Fences not more than four feet (4') in height shall be allowed in the front yard setback. Fences not more than six feet (6') high shall be allowed in side and rear yards and behind the front yard setback.

      3.   Corner Lots: On corner lots, no fence shall be located in a vision clearance area unless it is in compliance with the visibility requirements of subsection 10-4-6B of this chapter.

      4.   Finished Face: The finished face of the fence must face outward.

      5.   Placement On Property Line: Fences may be placed on property lines, provided no damage of any kind results to abutting property.

      6.   Electric Or Barbed Wire Fences: Electric or barbed wire fences shall only be permitted as an accessory use on farms when related to animal keeping as allowed by section 10-5-10 of this title or farming. This provision shall not apply to invisible fences for dogs or cats, which are allowable fences Citywide.

      7.   Fence Materials: No fence in any district shall be constructed with the use of razor wire, barb wire, chicken wire, welded wire, branches, wood pallets, hay bales, corrugated metal siding, non-permanent plastic or vinyl materials such as snow fences or silt fences, or any other materials originally intended for other purposes, unless upon the showing of a high degree of architectural quality achieved through the use of such, subject to prior approval from the Zoning Administrator.

           8.   Retaining walls over four feet (4') in height shall require a fence or guardrail that is a minimum of four feet (4') tall spanning the entire length of the retaining wall that is over four feet (4') tall.

      9.   Exceptions:

         a.   Fences directly related to dog kennels, vegetable gardens, flower gardens, tree fences, and similar functions may deviate from the fence material requirements of this chapter, subject to prior approval from the Zoning Administrator. In no case shall fence materials be allowed that pose a danger to the public.

         b.   Fences up to a maximum height of five feet (5') that are directly related to gardens may be located within the front yard setback provided there is no more than forty (40) lineal feet of fence frontage along a public or private street. The front yard garden fencing shall be constructed of welded wire, garden mesh netting or other non-opaque materials, not including chicken wire, chain link, snow fence or similar fences. The fencing material shall reduce visual impact to adjacent properties and rights-of-way and blend into the environment. Support posts shall be steel, wood or composite with minimum diameter to blend into the natural environment. Except for a door entrance to a garden enclosure, no horizontal posts shall be added to the upper half of the fence to reduce visual impact. All fencing and related posts shall be of natural colors with non-shine finish and shall be subject to review and approval by the Zoning Administrator at the time of a fence permit to ensure that the garden fencing is designed to blend into the natural environment with minimal visual impact.

      10.   Conditional Use Permit Standards: Fences proposed within the Industrial District that are over the height limits established in this section shall require a conditional use permit. A conditional use permit shall not be issued unless it meets the following standards:

         a.   The fence is in a location where fences up to six feet (6') are permitted.

         b.   The fence shall not exceed eight feet (8') in height.

         c.   The fence shall not be located within the minimum building setback, as required for principal structures, from the ordinary high water level of lakes and streams.

   D.   Landscaping:

      1.   Purpose:

         a.   Purpose: The purpose of this subsection is to establish minimum landscaping requirements to create a positive community image; to improve the appearance of vehicular use areas and property abutting public rights-of-way; to require buffering between noncompatible land uses; to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; and to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare.

         b.   Reduction Of Visual Impacts: The landscaping standards shall require reduction of visual impacts associated with given uses, including, but not limited to:

            (1)   Truck loading areas;

            (2)   Trash storage;

            (3)   Parking lots, interior lot areas and perimeters;

            (4)   Large unadorned building massing;

            (5)   Garage doors associated with auto oriented uses; and

            (6)   Vehicular stacking areas for drive-through uses.

      2.   General Landscape Requirements For All Zoning Districts:

         a.   Compliance: No new site development, permanent building or structure construction, remodeling involving outside changes to the site or vehicular use area modifications are allowed, unless the provisions of this subsection are met for the property in its entirety.

         b.   Preservation: Landowners are encouraged to preserve as much of their property in its natural, native state as possible.

         c.   Ground Coverage: All upland areas not otherwise forested or improved with buildings, structures, landscaping, or other allowed impervious surfaces shall be established with lawn that is of a species of grass normally grown as permanent lawns and shall be established to seventy percent (70%) coverage/thickness, as determined by the Zoning Administrator, except for the following:

            (1)   Native seeding may be approved by the Zoning Administrator. A site plan and planting schedule shall be submitted for review. Depending on the size, location and visibility of the native area to adjacent properties and right-of-way, the Zoning Administrator may forward the item to the City Council for consideration. All native areas shall be established to seventy percent (70%) coverage with approved plantings and then maintained at this coverage.

            (2)   Other coverage methods may be accepted as part of an overall landscape plan.

         d.   Topsoil: Adequate topsoil shall be added to ensure growth of all plantings.

         e.   Ground Coverage Not Allowed: Ground coverage shall not include exposed sand, soil or weeds.

         f.   Maintenance: All landscaped areas shall be maintained by the property owner and kept neat, clear and uncluttered. The property owner shall be responsible for maintenance and replacement of trees, shrubs, grass, ground covers and sodding. If required landscaping is not maintained or replaced, the City may deem this a nuisance and proceed with abatement and recovery of cost upon notice in accordance with the provisions of title 4, chapter 1 of this Code.

         g.   Landscape Health: Plants must be sound, healthy, vigorous, and free of disease, insect eggs and larvae.

         h.   Landscape Sizing: The following landscape sizing shall be required at the time of planting. Larger plants may be used or specified at any time.

 

 

         i.   Overstory Tree Equivalency: Up to fifty percent (50%) of the required number of overstory trees on a site may be substituted with an equivalent number of understory trees, smaller trees or shrubs. In such cases, two (2) ornamental trees, two (2) 4-foot coniferous trees, two (2) 1.5-inch diameter overstory trees, or ten (10) shrubs shall be equivalent to one overstory tree.

         j.   Required Landscaping: Where required trees are removed to allow placement of building addition or site expansion, the required trees shall be replaced elsewhere on the property. Exceptions may be made by the Zoning Administrator if sites become overcrowded with trees based on new planting requirements.

         k.   Credit For Existing Trees:

         (1)   Rear And Side Yard Trees: Credit for existing rear and side yard trees cannot be used to offset the front tree requirements.

         (2)   Mature Trees: Credit trees, when mature, must be able to be seen by passing public when site is completed.

         (3)   Minimum Requirements: Such trees fulfill the minimum requirement as to size and species. The Zoning Administrator shall determine the amount of the credit for such existing trees based upon their location and distribution in the lot.

         l.   Protection Of Existing Trees: Proper precautions to protect trees during development shall be indicated on grading and landscape plans submitted for plan review. The following protective measures shall be followed:

         (1)   Tree Fencing: Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater, of significant trees, specimen trees, and woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area.

         (2)   Soil Chemistry: Measures shall be taken to prevent a change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints.

         (3)   Retaining Walls: Installation of retaining walls or tree wells to preserve trees must be no closer than the drip line or at the CRZ, whichever is greater.

         (4)   Utilities: Placement of utilities in common trenches shall be located outside of the drip line of trees to be preserved. The use of tunneled installation for utilities is encouraged.

         (5)   Aeration, Fertilizer And Irrigation Systems: The use of tree root aeration, fertilization, and/or irrigation systems is encouraged to promote the health of trees to be preserved.

         (6)   Transplanting: Transplanting of existing trees is encouraged. If trees cannot be immediately transplanted, the trees shall be moved to a protected area for later transplanting into the construction area.

         (7)   Staking Of Trees And Plant Hardiness: The property owner is responsible for keeping trees in a plumb position. When staking is required, it shall occur so as not to create any hazards or unsightly obstacles. All wires shall be encased in hose to prevent tree damage.

      3.   Landscape Plan Submission: Prior to commencement of turf removal, grading, or planting, the property owner or developer shall prepare a landscape plan acceptable to the City for review. The contents of the plan shall include the following:

         a.   A landscape plan shall be submitted providing all information required in this subsection. The plan shall be drawn to a scale between one inch equals eight feet (1" = 8') scale and one inch equals one hundred feet (1" = 100'), showing and labeling by name and dimensions all existing and proposed property lines, easements, utility lines, buildings, and other structures, vehicular use areas (including parking stalls, driveways, service areas, square footage), and water outlets.

         b.   Planting schedules including the quantity of plants to be installed, common name, botanical name, plant size at installation and at full growth, and root type (balled and burlapped, container).

         c.   Typical elevations and/or cross sections as may be required.

         d.   Title block with the pertinent names and addresses (property owner and person drawing plan), scale, date, north arrow.

         e.   Existing landscaping shall be shown including species and size. Any approved material in satisfactory condition may be used to satisfy this subsection in whole or in part.

      4.   Landscape Performance Standards For R-1, R-1A, R-2, RS And RR Districts:

         a.   Ground Coverage: Subject to subsections D2c and D2e of this section.

         b.   Tree Requirements:

            (1)   Minimum: A minimum of one deciduous tree shall be planted in the front yard between the principal structure and street right-of-way. In the case of a multiple frontage lot, each frontage will require a deciduous tree. If the house is on the lake, the planting requirement will apply to both the street frontage and land between the lake and the house.

            (2)   Credit For Existing Trees: A credit for existing trees that are preserved which meet the minimum size requirements can be granted by the City.

            (3)   Trees Not Allowed: Trees listed in subsection D5h of this section are not allowed to be used as a credit or as acceptable tree planting.

         c.   Landscape Completion And Escrow:

            (1)   Certificate Of Occupancy: No certificate of occupancy will be issued until after the property has been brought to final grade and all required plantings and ground cover are installed.

            (2)   Temporary Certificate Of Occupancy: A Temporary Certificate of Occupancy may be granted before landscaping work is completed, subject to the completion of a Site Improvement Agreement and financial guarantee based on the requirements of section 10-7-8 of this title.

      5.   Landscape Performance Standards For R-3, C1, C2, OS, I, CI, And PB Districts:

         a.   Priorities: When establishing landscaped areas for a site, top priority shall be given toward establishing landscaping areas in front yards (between buildings and street frontages). A secondary priority shall be given toward establishing landscaping areas around the site perimeter.

         b.   Ground Coverage: Subject to subsections D2c and D2e of this section and the following.

         c.   Tree Requirements:

            (1)   A minimum of one overstory deciduous or coniferous tree is required for every one thousand five hundred (1,500) square feet of total building floor area, except for garage floor area. If a development does not include an expansion of building floor area, one such tree is required for every seventy five feet (75') of site perimeter.

            (2)   In addition to the trees required in subsection D5c(1) of this section, a minimum of one overstory deciduous or coniferous tree is required for every seventy five feet (75') of frontage along all roadways. The Zoning Administrator may allow the required street frontage trees to be clustered along the street frontage, provided there is adequate spacing between trees, based on the canopy of the given species at maturity.

            (3)   Thirty percent (30%) of the total amount of required trees shall be coniferous.

            (4)   Coniferous trees shall not be located within fifty feet (50') of a driveway.

         d.   Shrubs: A minimum of one shrub is required for every four hundred fifty (450) square feet of total building floor area, except for garage floor area. If development does not include an expansion of building floor area, one such shrub is required for every forty five feet (45') of site perimeter.

         e.   Interior Parking Lot Landscaping: In addition to the requirements of this subsection, subsection 10-5-2C12 of this title includes requirements for interior parking lot landscaping.

         g.   Landscape Completion And Escrow:

            (1)   Certificate Of Occupancy: No certificate of occupancy will be issued until after the property has been brought to final grade and all required plantings and ground cover are installed.

            (2)   Temporary Certificate Of Occupancy: A Temporary Certificate of Occupancy may be granted before landscaping work is completed, subject to the completion of a Site Improvement Agreement and financial guarantee based on the requirements of section 10-7-8 of this title.

         h.   Trees Not Allowed: Trees not allowed or to be used as credit for existing trees or trees which may not be planted to comply with the requirements are:

            (1)   Box elder.

            (2)   Silver maple.

            (3)   Northern catalpa.

            (4)   Russian olive.

            (5)   F. ginkgo (female only).

            (6)   Mulberry.

            (7)   Cottonwood.

            i.   Planting For Wildlife Habitat:

            (1)   For wildlife habitat, when in doubt, plant:

               (A) Spruce or fir rather than pine;

               (B) A mixture of red and white oaks, including bur oak;

               (C) Fruit and nut bearing plants also edible by humans;

               (D) Native species rather than exotics or ornamental cultivars;

               (E) More warm season grass (prairie) than cool season grass (brome and bluegrass).

            (2)   For year long food supply for wildlife:

               (A) Highbush cranberry.

               (B) Wild plum.

               (C) Crabapple.

               (D) Red osier dogwood.

               (E) Juneberry.

               (F) Chokecherry.

               (G) Gray dogwood.

               (H) Mountain ash.

               (I) Staghorn sumac.

         j.   Recommended Coniferous Trees:

            (1)   American larch (tamarack).

            (2)   Balsam fir.

            (3)   Black Hills spruce.

            (4)   Colorado spruce (blue spruce).

            (5)   Northern cedar (arborvitae).

            (6)   Eastern white pine.

            (7)   Norway red pine.

            (8)   White spruce.

         k.   Recommended Deciduous Trees:

            (1)   Red and bur oak.

            (2)   American linden.

            (3)   Amur maple.

   Note: Other materials may be used subject to City approval. Contact the County Extension Service or DNR forestry, and local nurseries for additional information regarding trees conducive to this area. (Ord. 2018-001, 1-2-2018; amd. Ord. 2019-001, 3-19-2019; Ord. 2019-010, 7-16-2019; Ord. 2020-006, 7-21-2020; Ord. 2023-013, 9-19-2023; Ord. 2024-008, 4-16-2024; Ord. 2025-004, 2-18-2025)

   A.   R-1, R-1A And RS Zoning Districts: "Forestland conversion" as defined by section 10-2-2 of this title is not allowed in the R-1 Zoning District, except as follows:

      1.   Road right-of-way and utility easement areas, site grading, construction of permitted structures, on site septic systems, access roads, utility service lines, firebreaks, parking, landscaped yard areas, gardens, private recreation areas, and other accessory uses customary with R-1 development approved by the City.

      2.   Expansion of an existing commercial agricultural use in existence at the time of adoption hereof.

      3.   Park and public open space areas, as per plans approved by the City. Open park areas not required for active recreation shall be landscaped and replanted (as practical) with native forest species.

      4.   Forestland conversion in RS areas shall be allowed for the above uses, subject to the requirement that residential development sites may be cleared to a maximum of one-third (1/3) of the lot area or legal parcel of property.

      5.   Landowners may request approval of a conditional use permit for forestland conversion. The application must include a landscape plan meeting the requirements of this title and a ground cover and erosion control plan with implementation within six (6) months of plan approval. The conditional use permit shall be reviewed for compliance with the general conditional use permit standards in chapter 7 of this title.

   B.   R-2, R-3, C1, C2, OS, CI And I Zoning Districts: Forestland conversion in the above zoning districts is allowed by a conditional use permit, subject to the following conditions:

      1.   A land use application has been submitted with a development plan and narrative explaining the need for forestland removal, including a landscape plan meeting the requirements of this title.

      2.   A plan for screening adjacent property zoned for residential use where necessary for requirements of this title has been accepted and approved by the City.

      3.   A plan for ground cover and erosion control has been prepared per current State requirements and has been accepted and approved by the City, with implementation of the plan within six (6) months of approval. (Ord. 2014-19, 6-17-2014; amd. Ord. 2019-010, 7-16-2019)

   A.   Purpose: The purpose of this section is to establish minimum design standards for the exterior of buildings in all districts to ensure high quality development and redevelopment that is compatible with adjacent land uses and contributes to a quality community image to support the welfare of the City. These design standards will:

      1.   Promote a community image that is appropriate and varied within the diverse Baxter area.

      2.   Create a unified, harmonious and high quality visual environment throughout the City.

      3.   Foster a distinctive and positive community image, thereby identifying Baxter as a special place to live, work, and play.

      4.   Provide a more pleasant pedestrian environment and driving experience.

      5.   Identify materials to be used in the various zoning districts.

   B.   Intent: The City intends that all districts shall strive toward the highest level of quality in both design and construction. The criteria by which all development and redevelopment in the City shall be judged are as follows:

      1.   Consistency with all provisions of the Comprehensive Plan, as amended, zoning ordinance and subdivision ordinance not specifically overridden by the provisions of these design standards; and all other applicable land use regulations.

      2.   Complementary physical and visual relationships among existing, new and proposed buildings, park areas and landscape treatments with the intent of creating a cohesive appearance for the entire City.

      3.   Use of appropriate facade proportion, articulation, fenestrations, materials and colors that are compatible with adjacent uses and creates a pleasant pedestrian environment and driving experience.

   C.   Applicability:

      1.   New Construction: The design standards shall apply to all facades of new development within all districts except that one-family detached dwellings are exempt from the requirements of this section. The design standards shall be in addition to the underlying zoning requirements.

      2.   Building Remodels And Additions: The design standards set forth in this section shall apply to building remodels and additions pursuant to the following rules:

         a.   Internal Remodeling: Internal remodeling that does not alter any facade shall be exempt from any design standards set forth in this section. If the interior remodel project requires exterior alterations, then it shall be subject to this section.

         b.   Exemptions: All repair or replacement of any existing building facade requiring a building permit shall be exempt from this section only if the following conditions are met:

         (1)   General repainting of any facade provided the colors are earth tone as allowed by subsection H of this section.

         (2)   Replacement of windows or doors with no change to size or location.

         (3)   No more than one-third (1/3) of a non-conforming siding material on any existing facade is replaced within any one year period. If more than one-third (1/3) of a nonconforming siding material on any facade is replaced within any one year period, then that facade shall no longer be exempt from this section. Any other facades that have not had such repair shall remain exempt as a nonconforming use.

         (4)   Approval of a facade improvement under the exemptions standards in subsection C2b(3) of this section is contingent upon submission of a building permit application identifying removal of up to one-third (1/3) of the existing nonconforming exterior material of a building facade. This permit application shall require a scaled drawing of the facade and the proposed repair or replacement so that City staff can confirm no more than one-third (1/3) of the nonconforming exterior material on any facade is removed.

         c.   Exterior Alteration and Building Additions: Any exterior alteration including repair, replacement, remodel or addition that changes the existing building’s height, roofline, footprint or usable area shall meet the following standards:

         (1)   All exterior building alterations and additions, as defined in subsection C2c above, shall use approved materials as set forth in subsection E of this section. The front facade shall be brought into compliance with this section. The City may allow the facade size, articulation and fenestrations, exterior materials and roof pitches of the alteration or addition to match the existing building façade and/or roof only if the cost of bringing the front facade into compliance exceeds one-third (1/3) of the building permit valuation of the alteration or addition. For lots with multiple street frontages, only the façade facing the front lot line shall be considered a front façade for the purposes of this subsection.

         (2)   Approval of subsection C2c(1) of this section is contingent on submission of a written estimate of the construction costs with the complete architectural review submittal pursuant to subsection J of this section.

         d.   Multi-Tenant Buildings: For multi-tenant buildings, this subsection C2 applies only to the facade of that tenant space being altered.

         e.   Franchise Architecture: Franchise architecture (building design that is trademarked or identified with a particular chain or corporation) shall comply with this section.

   D.   Evaluation Of Design:

      1.   Facade Size And Articulation:

         a.   Facade Size: The building facade size (height and mass) in areas of existing developments shall be in direct proportion to the surrounding structures. All building components, such as windows, doors, eaves, soffits, and parapets, shall have good proportions that relate to the building facade and shall relate well with surrounding structures.

         b.   Articulation: Articulation is required for building facades that are more than sixty feet (60') in width and faces (or is parallel to) a public or private street as follows: To avoid long unbroken expanses, building facades shall be divided into distinct modules not to exceed fifty feet (50') in length that incorporate visible changes in the facade through the use of wall plane projections, piers, columns, colonnades, arcades or similar architectural features.

      2.   Roof Pitch/Material: Building heights shall be consistent with the standards of the underlying zoning district. All roofs shall be flat, as defined in Chapter 2 of this Title, or pitched. Pitched roofs shall have a minimum pitch of six to twelve (6:12) rise to run for the main roof. For additions to a principal structure or remodeling that requires compliance with these regulations, the City may allow the roof pitch to match the existing pursuant to subsection C2c(1) of this section. All pitched metal roofing applications shall have concealed fasteners, except that District I tier 2 areas may have exposed fasteners. The exposed backs of any parapet should match the primary exterior color. Any roof expanses greater than sixty feet (60') in length are subject to subsection D1b of this section and shall be divided into smaller increments not to exceed fifty feet (50') in length.

   E.   Allowable Materials By Zoning District: (Percentages of allowed exterior materials shall be calculated excluding fenestrations except for architectural glass, or doors that are 50 percent or less glass.)

      1.   District C1 and C2:

         a.   Face brick.

         b.   Natural stone.

         c.   Architectural glass.

         d.   Stucco.

         e.   EIFS.

         f.   Architectural concrete masonry units shall be limited to a maximum of fifty percent (50%) on any front facade. Architectural concrete masonry units may be used up to one hundred percent (100%) on nonfront facades.

         g.   Architectural precast concrete panels.

         h.   Architectural metal panels shall be limited to a maximum of fifty percent (50%) on any facade.

         i.   Lap siding provided a minimum of an eight (8) inch reveal. Lap siding shall be steel or an architectural composite such as fiber cement composite, wood composites, or synthetic composites and shall have a high degree of durability and longevity as determined by the zoning administrator.

         j.   Architectural composites including fiber cement composites, synthetic composites, and related veneers. When an architectural composite is proposed to imitate other proposed materials with a percentage restriction, the architectural composite shall be added to the square footage of the material it imitates to determine the total square footage of the material on each facade.

         k.   Accent materials shall be limited to a maximum of ten percent (10%) per building facade as approved under subsection F of this section.

         l.   Other materials may be approved under subsection F of this section.

      2.   District CI and I (tier 1):

         a.   Face brick.

         b.   Natural stone.

         c.   Architectural glass.

         d.   Stucco.

         e.   EIFS.

         f.   Architectural concrete masonry unit.

         g.   Architectural precast concrete panels.

         h.   Architectural metal panels may be used up to one hundred percent (100%) on any façade except that architectural corrugated metal panels shall be limited to a maximum of thirty percent (30%) on any facade.

         i.   Nonarchitectural metal material shall be limited to a maximum coverage of twenty percent (20%) on the front facade. Nonarchitectural metal material may be used up to one hundred percent (100%) on nonfront facades. Metal material application on the front and nonfront facades are required to have concealed fasteners with the exception that nonfront facades facing District I tier 2 may have exposed fasteners. Finished metal overhead doors necessary for the use are exempt from the twenty percent (20%) maximum. No unfinished metal of any kind is allowed.

         j.   Architectural composites including fiber cement composites, synthetic composites, and related veneers. When an architectural composite is proposed to imitate other proposed materials with a percentage restriction, the architectural composite shall be added to the square footage of the material it imitates to determine the total square footage of the material on each facade.

         k.   Other materials may be approved under subsection F of this section.

      3.   District I (tier 2):

         a.   Face brick.

         b.   Natural stone.

         c.   Architectural glass.

         d.   Stucco.

         e.   EIFS.

         f.   Architectural concrete masonry units.

         g.   Precast concrete panels.

         h.   Architectural metal panels.

         i.   Nonarchitectural metal material shall be limited to a maximum coverage of forty percent (40%) on the front facade. Nonarchitectural metal material may be used up to one hundred percent (100%) on nonfront facades. Metal material application on the front and nonfront facade may have exposed fasteners. Finished metal overhead doors necessary for the use are exempt from the forty percent (40%) maximum. No unfinished metal of any kind is allowed.

         j.   Architectural composites including fiber cement composites, synthetic composites, and related veneers. When an architectural composite is proposed to imitate other proposed materials with a percentage restriction, thearchitectural composite shall be added to the square footage of the material it imitates to determine the total square footage of the material on each facade.

         k.   Other materials may be approved under subsection F of this section.

      4.   District OS and PB:

         a.   Face brick.

         b.   Natural stone.

         c.   Architectural glass.

         d.   Stucco.

         e.   EIFS.

         f.   Siding materials - wood, steel, vinyl, or cementitious siding (i.e., lap, board on board, board and batten, log and half log or shake) shall be limited to a maximum of seventy percent (70%) on any front facade. Any of these siding materials may be used up to one hundred percent (100%) on nonfront facades.

         g.   Architectural concrete masonry units shall be limited to a maximum of thirty percent (30%) of a each building facade. Utility buildings five hundred (500) square feet or less that require a higher level or durability, may request architectural concrete masonry units exceeding thirty percent (30%) of a building facade through the conditional use permit process.

         h.   Architectural metal panels shall be limited to a maximum of fifty percent (50%) on any facade.

         i.   Accent materials shall be limited to a maximum of ten percent (10%) per building facade as approved under subsection F of this section.

         j.   Architectural composites including fiber cement composites, synthetic composites, and related veneers. When an architectural composite is proposed to imitate other proposed materials with a percentage restriction, the architectural composite shall be added to the square footage of the material it imitates to determine the total square footage of the material on each facade.

         k.   Other materials may be approved under subsection F of this section.

      5.   All other districts (one-family detached dwellings are exempt):

         a.   Face brick.

         b.   Natural stone.

         c.   Architectural glass.

         d.   Siding materials - wood, steel, vinyl, or cementitious siding (i.e., lap, board on board, board and batten, log and half log or shake) shall be limited to a maximum of seventy percent (70%) on any front facade. Any of these siding materials may be used up to one hundred percent (100%) on nonfront facades.

         e.   Stucco.

         f.   EIFS.

         g.   Architectural precast concrete panels limited to a maximum of thirty percent (30%) of each building façade.

         h.   Architectural concrete masonry unit shall be limited to a maximum of thirty percent (30%) of each building facade. Utility buildings five hundred (500) square feet or less that require a higher level of durability, may request architectural concrete masonry units exceeding thirty percent (30%) of a building facade through the conditional use permit process.

         i.   Other materials may be approved under subsection F of this section.

   F.   Other Materials: In addition, materials not specifically listed may be approved for use by the City, when used in accordance with this title. When materials not specifically listed are proposed for use the Planning Commission shall review such materials and the City Council shall make findings of fact supporting or denying the use of those materials. The judgment of the City will be based upon, but not limited to, the following factors set forth in subsection M3 of this section.

   G.   Footings: All buildings shall be constructed with continuous concrete perimeter footings meeting the requirements of the International Building Code.

   H.   Color: Colors shall be earth tone, harmonious and shall consist of muted colors with low reflectance. Bright or brilliant colors and sharply contrasting colors may be used only for accent purposes and shall be limited to a maximum of fifteen percent (15%) of any single building facade.

   I.   Accessory Structures: Accessory structures and outbuildings must be of similar materials, quality, architectural and aesthetic appearance and conformance as the principal building or structure and must be approved by the City. All accessory structures shall be color coordinated with the principal building when the principal building is being retrofitted. The location and construction of accessory structures are set forth in section 10-5-9 of this title.

   J.   Electric Vehicle Charging Stations And Rooftop Solar: In all districts, the City permits electric vehicle charging stations and rooftop solar applications, subject to all State Code standards.

   K.   Architectural Review Submittal: The following is the minimum information required to be submitted to the City for administrative or Council approval:

      1.   A completed and signed land use application form.

      2.   A written narrative describing the proposal.

      3.   An electronic (PDF) format set of plans at the time of the submittal.

         a.   Survey: Certified survey of the property by a registered surveyor, if deemed necessary.

         b.   Architectural Plans: Preliminary scaled architectural plans and colored elevations for the proposed building or buildings with notation of exterior finish materials.

         c.   Site Plan: Scaled site plan including landscaping, lighting, site amenities and mechanical equipment locations.

      4.   Samples of exterior finish materials.

   L.   Preliminary Meeting With Staff: Any applicant may request a meeting with City staff prior to City Council review for general compliance with this section.

   M.   Administration:

      1.   Building Permit Approval: No new construction, alteration of existing buildings and other developments regulated by this section may be initiated or issued a building permit without approval from the City of an architectural review submittal.

      2.   Administrative Approval:

         a.   Approval: An administrative approval of an architecture review submittal may be approved by City staff if the following standards are met:

            (1)   The architectural review submittal set forth in subsection J of this section is determined complete by City staff.

            (2)   If an architectural review submittal meets this section and associated City Code requirements.

      3.   Council Approval:

         a.   Approval: If a completed architectural review submittal deviates from this section and associated City Code requirements, Planning Commission review and Council approval is required. Other materials and deviations not specifically listed may be approved for use by the City, when used in accordance with this title. When materials not specifically listed are approved for use, the City shall make findings of fact supporting the use of those materials and deviations. The judgment of the City will be based upon, but not limited to, the following factors:

            (1)   The color, shape, and texture of the proposed exterior materials meet the purpose and intent set forth in this title;

            (2)   The character and exterior materials of the surrounding area;

            (3)   Whether the proposed exterior material is appropriate, proportional, and not varied;

            (4)   The proposed exterior materials or architectural features are LEED compatible or is another innovative material from new technology.

      4.   Expiration: Unless the City Council specifically approves a different time period, the approval of an architectural review submittal shall expire one year from the date it was approved. Any deviation from the approved plans will require additional review.

      5.   Appeal: Any appeal of a decision shall be considered an appeal under the process described in section 10-7-7 of this title. The Council may require a fee for any appeal. (Ord. 2014-19, 6-17-2014; amd. Ord. 2016-021, 5-17-2016; Ord. 2018-001, 1-2-2018; Ord. 2021-015, 10-19-2021; Ord. 2022-010, 7-19-2022; Ord. 2023-013, 9-19-2023; Ord. 2024-004, 2-20-2024; Ord. 2024-014, 8-20-2024; Ord. 2025-004, 2-18-2025; Ord. 2025-006, 5-20-2025)