Big Lake City Zoning Code
SECTION 1006
PERFORMANCE STANDARDS
§ 1006.01 General Performance Standards.
Subd. 1. Purpose. The purpose of this subsection 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.
Subd. 2. Investigations or Tests. The City Council may require the owner or operator of any use to have made such investigations or tests as may be required to show adherence to the performance standards. The investigation or tests required shall be carried on by an independent testing organization selected by the city. The investigations or testing shall be ordered by the owner or operator and the associated costs shall be paid by the owner or operator.
Subd. 3. Air Pollution. The emission of air pollution, including potentially hazardous emissions, by any use, shall be in compliance with and regulated by M.S. Chapter 116, as may be amended from time to time. The emission of smoke by any use shall be in compliance with and regulated by the State Pollution Control Standards, Minn. Rules Chapter 7017, as it may be amended from time to time.
Subd. 4. 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 State Fire Code and State Department of Agriculture relations.
Subd. 5. Dust and Other Particulate Matter. Dust, fly ash, or other particulate matter by any use shall not be emitted at any point in concentrations exceeding three-tenths grains per cubic foot of the conveying gas or air. For measurements of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500°F and 50% excess air.
Subd. 6. Electrical Emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.
Subd. 7. Fumes or Gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, or corrosive. The values given in Table I (Industrial Hygiene Standards Maximum Allowable Concentration for eight-hour days, five days per week), Table III (Odor Thresholds), and Table IV (Exposure to Substances Causing Injury to Vegetation) in the latest revision of Chapter 5, “Physiological Effects”, that contains the tables, in the Air Pollution Abatement Manual, by the Manufacturing Chemists’ Association, Inc., Washington, DC, are hereby established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required before the issuance of a building permit.
Subd. 8. Lighting.
1. Required Lighting. All off-street parking areas, including bicycle parking, shall be illuminated to a level that allows for safe, secure access to the parking area and within it, subject to the determination of the City Engineer. Parking areas accessory to single-family and two-family dwellings, townhouses, and multiple-family dwellings of four or fewer units shall be exempt from this requirement.
2. Lighting Guidelines.
a. Any lighting used to illuminate an off-street parking area, sign, yard, or other structure, shall be arranged as to deflect light away from adjoining property, lakes, and rivers and from public streets.
b. Direct or sky-reflected glare from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjacent property.
c. The sources of lights shall be hooded or controlled in some manner so as not to light adjacent property.
d. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way.
e. Except for public street lights, any light or combination of lights which cast light on a public street shall not exceed one foot-candle as measured from the property line of said street.
f. Any light or combination of lights which cast light on any adjacent property shall not exceed four-tenths foot candle (meter reading) as measured from the property line.
g. Photometric plans shall be required for all applications which include exterior lighting, to demonstrate compliance with this performance standard.
Subd. 9. Noise. Noises emanating from any use shall be in compliance with and regulated by the State Pollution Control Standards, Minn. Rules Chapter 7030, as amended from time to time.
Subd. 10. Odors. No odors shall be detectable beyond the limits of the property. All restaurants or operations where food is prepared shall install the appropriate exhaust systems and/or equipment to remove food odor, smoke from grilling operations, or other similar odors associated with food or beverage preparation.
Subd. 11. Radiation Emission. All activities that emit radioactivity shall comply with the minimum requirements of the State Pollution Control Agency.
Subd. 12. Sewage Disposal. Individual sewage disposal systems shall be installed and operated in compliance with the applicable provisions of Section 810 (Public Sewers) of the City Code.
Subd. 13. Trash Receptacles. Trash handling equipment and enclosures shall be provided according to the following provisions: with the exception of single-family and two-family dwellings, all uses having exterior trash receptacles shall provide an enclosed area in conformance with the following.
1. Exterior wall treatment shall be similar and/or complement the principal building.
2. The enclosed trash receptacle area shall be located in the rear or side yard and shall comply with the accessory use setback requirements in subsection 1005.01 for the underlying zoning district.
3. The trash enclosure shall be in an accessible location for servicing vehicles and shall not conflict with site circulation.
4. The trash receptacles shall be fully screened from view of adjacent properties and the public right-of-way.
5. The design and construction of the trash enclosure shall be subject to the approval of the Building Official.
6. Recycling space shall be provided as required by the State Building Code.
7. Noise emanating from trash collection activities shall be minimized so as not to constitute a nuisance as defined and regulated by City Code Section 500 (Nuisances).
Subd. 14. Vibration. No vibration shall be discernible at any property line to the human sense of feeling for an accumulated total of three or more minutes during any hour.
Subd. 15. Waste. All waste generated shall be disposed in a manner consistent with all State Pollution Control Agency rules.
1. Any accumulation of waste generated on any premises not stored in containers which comply with Section 590 (Refuse) of the City Code and this chapter, and State Pollution Control Agency rules, or any accumulation of mixed municipal solid waste generated on any premises which has remained thereon for more than one week, or any accumulation of infectious, nuclear, pathological, or hazardous waste which is not stored and disposed in a manner consistent with State Pollution Control Agency rules is a nuisance and may be abated, and the cost of abatement may be assessed against the property where the nuisance is found.
2. The accumulation, storage, processing, and disposal of waste on any premises, which is not generated on that premises, is prohibited, except as specifically provided in this chapter.
§ 1006.02 Lot and Yard Requirements.
Subd. 1. Purpose. The purpose of this subsection is to identify minimum yard spaces, exception, and areas to be provided for in each zoning district.
Subd. 2. Sewer and Water. All new developments and structures intended for human use or occupancy shall be connected to the public water supply and sanitary sewer systems, except as allowed by this chapter.
1. Expansion of Existing Structures on Individual Sewage Treatment Systems. No building permits will be issued for existing structures on individual sewage treatment systems for expansion of the structure, unless it can be demonstrated by means satisfactory to the city that the development will not result in groundwater, soil, or other contamination which may endanger the public health. The property owner must receive approval for an individual septic treatment system and private well from the city, county, or the State Health Department. No certificate of occupancy shall be issued until these systems have been inspected and approved.
2. Interim Performance Standards. Subject to the other provisions of the zoning ordinance, private septic and/or well may be allowed by interim use permit for developments and structures on lots without public sewer and water, provided the requirements of this chapter are satisfied on properties identified as Parcel ID 65-026-2201 and Parcel ID 65-026-2000.
Subd. 3. General Yard Requirements.
1. Residential Lots. Residential lots in all zoning districts of the city must contain useable/buildable upland equal to at least 90% of the required minimum lot areas. Lots which involve wetland mitigation practices shall be evaluated for conformance with this requirement based on wetland mitigation plans indicating areas of wetland filling or dredging.
2. Through Lots and Corner Lots.
a. On a through lot that does not abut a major collector or arterial road or on a corner lot, the required front yard shall be provided on both streets.
b. Through lots require additional depth of 20 feet above the minimum requirements of the underlying zoning district to accommodate the buffer and screening requirements outlined in subsection 1006.06.
c. For corner lots, both street lines shall be front lot lines for applying the setback regulations of this chapter.
d. Through lots that do abut a major collector or arterial street, the lot line that is parallel to and directly abuts the right-of-way along the major collector or arterial street shall be considered a rear lot line so long as that yard has no access.
e. Access shall be made onto a local street. Where access onto a local street is not feasible, the City Engineer may permit a direct access to a major collector or arterial street designated as such by the Comprehensive Plan.
3. Lots with or Adjacent to Power Lines, Pipe Lines, and Railroads. Lots platted or located adjacent to power lines, pipe lines, and railroad right-of-way shall require an additional width or depth of 20 feet above the minimum requirements of the underlying zoning district to accommodate the buffer and screening requirements outlined in subsection 1006.06. At the intersection of roadways and railroad rights-of-way and tracks, there shall be a setback line in each of the quadrants formed by the railway right-of-way and the street right-of-way as follows.
a. The setback line in each quadrant shall be a line drawn from a point 75 feet distant along the outside railroad right-of-way line from its intersection with the street right-of-way line to a point 75 feet distant from said intersection along the street right-of-way line. Within said setback area, there shall be constructed no fence or structure nor shall there be permitted any tree, shrubbery, or any other planting which would obscure the line of sight across the setback.
b. The residential structure setback from the railroad right-of-way in residential and agricultural districts shall be 100 feet, except that multiple-family dwellings and related structures located in the R-3 Zoning District shall only be required to be set back ten feet from the railroad right-of-way.
c. The minimum structure setback from the railroad right-of-way in commercial and industrial districts shall be ten feet.
4. Clear View Triangle. Except as may be approved by the Zoning Administrator, and except for a governmental agency for the purpose of screening, 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, measured from where both street or driveway centerlines intersect within the triangle described as beginning at the intersection of the projected curb line of two intersecting streets or drives, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning along the other curb line. The exception to this requirement shall be where there is a tree, planting, or landscape arrangement within such area that will not create a total obstruction wider than three feet. 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.
5. Frontage Requirement. Except as may be allowed within a planned unit development, each lot shall have frontage on and access to an abutting, improved, and city accepted public street.
6. Outlots. Outlots are deemed unbuildable and no building permit shall be issued for such properties, except in the case of public park facilities, essential services, and other facilities constructed by the city.
Subd. 4. Permitted Encroachments. The following structural elements or equipment shall not be considered as encroachments on all yard area requirements:
1. Window wells, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than 30 inches into any yard;
2. Terraces, steps, platforms, stoops, patios, or similar features, provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than five feet from any lot line. No encroachment shall be permitted in existing or required drainage and utility easements;
3. Open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than two feet or into a court not more than three and one half feet shall be permitted, where the same are to be so placed as not to obstruct light and ventilation;
4. Uncovered attached decks on all single-family detached dwelling units as provided below.
a. Up to a 15-foot encroachment is permitted into a required rear yard, provided that a minimum setback of 15 feet from the rear lot line is maintained.
b. On corner lots, up to a ten-foot encroachment is permitted in the required setback on the front yard abutting the street, provided that this yard does not contain a driveway or a garage and that a minimum setback of 20 feet is maintained.
c. Up to a five-foot encroachment is permitted into a required side yard, provided that a minimum setback of five feet from the side lot line is maintained.
d. Decks are allowed an encroachment of up to ten feet from the 45- foot structure setback in rear yards only along collector streets.
e. Decks shall not be permitted to encroach into drainage and utility easements.
5. In front yards:
a. Bay windows projecting 30 inches or less; and
b. A landing place or uncovered porch not exceeding six feet by six feet (36 square feet total area), to a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than three feet may be placed around such place.
6. In side yards: overhangs, eaves, and gutters may project into the required yard a distance of 30 inches; and
7. In rear yards:
a. Bay windows and overhanging eaves and gutters projecting 30 inches or less; and
b. Laundry drying equipment, arbors and trellises, and air conditioning or heating equipment.
Subd. 5. General Setback Provisions.
1. Multiple Setback Requirements. When more than one setback applies to a site, structures and facilities must be located to meet the most restrictive setback standard.
2. Street Easements. In the case of properties which abut street easements, applicable setbacks shall be measured from the easement line.
3. Residential Districts. In residential districts, air conditioning units, excluding window units, shall not be located in the front yard or within any drainage and utility easement.
Subd. 6. Setback Average. Where adjacent residential structures within the same block have front yard setbacks different from those required, the minimum front yard setback shall be the average of the adjacent structures. If there is only one adjacent structure, the minimum front yard setback shall be the average of the required setback and that of the adjacent property with a structure.
1. Shoreland District Setback Average. Where principal structures exist on the adjoining lots on both sides of a proposed building site, principal structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed principal building site is not located in a shore impact zone or in a bluff impact zone.
2. In order to determine the setback average, a certificate of survey shall be provided by the applicant showing the setback distances of adjacent principal structures to the front setback line or to the ordinary high water level in the case of a Shoreland Management District.
§ 1006.03 Parking and Loading.
Subd. 1. Purpose. The regulation of off-street parking spaces in these zoning regulations is intended to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles in accordance with the intensity of utilization of the various parcels of land or structures.
Subd. 2. Application of Off-Street Parking Regulations. The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the city.
Subd. 3. Permit Required. An administrative permit is required for residential driveway expansion and replacement, residential parking pads, and parking lots installation/expansion.
Subd. 4. General Provisions.
1. Floor Area. The term “floor area,” for the purpose of calculating the number of off-street parking spaces required, shall be determined on the basis of the exterior floor area dimensions of the buildings, structure, or use, multiplied by the number of floors, minus 10%.
2. Reduction of Existing Off-Street Parking and Loading Area. Off-street parking spaces and loading area shall not be reduced in number or size unless said number or size exceeds the requirements set forth herein for a similar new use.
3. Change of Use or Occupancy of Buildings. Any change of use, change of building occupancy, or building addition which requires additional parking spaces shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations.
4. Calculating Space.
a. Fractions of a Space. When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space.
b. Places of Public Assembly. In stadiums, sports arenas, places of worship, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 18 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements.
c. Snow Storage in Parking Stalls. Provision shall be made in the parking area for adequate snow storage or removal to ensure that the required number of parking spaces are available at all times during the year.
Subd. 5. Design Standards.
1. Vehicular traffic generated by commercial, industrial, and multiple-family residential uses shall be channeled and controlled in a manner to avoid congestion of the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic.
2. The adequacy of any proposed parking facility or internal circulation system shall be determined by the City Engineer who may require such additional measures for traffic control as they deem necessary, including, but not limited to, directional signalization, channelization, standby turn lanes, illumination, and storage area and distribution facilities within the site to prevent back-up of vehicles on public streets.
3. Within Structures. Required parking for residential dwellings, except multiple-family apartments, shall be covered and located within the principal or accessory structure(s). On-street parking shall not be utilized to satisfy the required off-street parking supply.
4. Streets Not Used. Except under joint parking provisions or in the case of single- and two-family dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single- and two-family dwellings located on local streets, parking area design which requires backing into the public street is prohibited.
5. Access. Off-street parking spaces shall have access from a public right-of-way.
a. Access drives shall be so located as to minimize traffic congestion and abnormal traffic hazard.
b. Vehicular access to business or industrial uses across property in any residential district shall be prohibited.
6. Parking Stall Standards. Except in the case of single-family and two-family dwellings, parking areas and their aisles shall be designed in compliance with the following standards.
Table 26 | |||||
Angle of Parking | Stall Width | Curb Length Per Car | Stall Length | Aisle One-Way | Width Two-Way |
Table 26 | |||||
Angle of Parking | Stall Width | Curb Length Per Car | Stall Length | Aisle One-Way | Width Two-Way |
90 degrees | 9 feet | 9 feet | 20 feet | 24 feet | 24 feet |
75 degrees | 9 feet | 9 feet | 20 feet | 20 feet 11 inches | 23 feet |
60 degrees | 9 feet | 10 feet | 20 feet | 18 feet 6 inches | 22 feet |
45 degrees | 9 feet | 12 feet 3 inches | 20 feet | 13 feet | 22 feet |
0 degrees | 9 feet | 22 feet | 20 feet | 12 feet | 24 feet |
Note to Table: The parking lot dimensions may be reduced upon City Council approval of a comprehensive snow removal site plan. The snow removal site plan shall be contractual in nature, signed by the property owner and filed with the City Clerk. The reduction shall not be allowed until the conditions of this subsection are met. | |||||
7. Curb Cut Minimum and Maximum. Curb cuts shall adhere to the standards in the Engineering Design Standards.
8. Driveway Access. Each property shall be allowed one driveway access for each 125 feet of street frontage. Single-family uses shall be limited to one driveway access per lot.
Subd. 6. Location. All accessory off-street parking facilities required by this chapter shall be located and restricted as follows.
1. Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being serviced, except for combined or joint parking facilities as regulated by this subsection.
2. Except for single-, two-family dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited.
3. There shall be no off-street parking within ten feet of any property line within multiple-family, commercial, or industrial zoning districts. The parking and drive aisle setback shall be increased to 20 feet where said facilities are located adjacent to residentially zoned or used property. The Zoning Administrator may approve a zero-foot setback for shopping centers.
4. All lots having direct driveway access onto collector or arterial roads shall provide turn around facilities on the lot to eliminate vehicles backing onto said roads.
Subd. 7. Parking Pads.
1. General Rules.
a. Parking on landscaping is prohibited.
b. All motor vehicles and recreational vehicles must be operable and licensed.
i. A maximum of four vehicles are allowed per lot.
ii. Up to two vehicles may exceed 20 feet.
c. Parking pad must meet all yard setbacks and is considered an accessory structure when defining setbacks.
d. Pad surface materials shall be orderly contained by delineated edging or in some other effective fashion.
e. All parking must not disturb proper drainage or utilities.
f. In cases where improved and semi-improved surface materials are required, the pad must cover the entire area under the vehicle and cannot be placed solely under the wheels of the vehicle.
2. Rear Yard.
a. Vehicles, recreational vehicles, or trailers are allowed on any surface type.
b. No commercial vehicles are allowed.
3. Side Yard.
a. Vehicles, recreational vehicles, or trailers are allowed on a semi-improved or improved surface. The access portion to a side yard parking pad may be a semi-improved surface.
b. Allowed on garage side only on in other cases subject to the judgment of the Zoning Administrator.
4. Front Yard. A parking pad is not allowed unless determined to be acceptable by the Zoning Administrator. No unimproved or semi-improved surfaces are allowed.
Subd. 8. Residential Driveways. The purpose of this provision is to provide minimum setback and slope standards for single-family and two-family dwelling unit driveway construction. The intent is to reduce interference with drainage and utility easements by providing setback standards; reduce erosion by requiring an improved surface for all driveways; and, provide positive drainage to the street via establishment of minimum driveway slope standards. The requirements of this provision shall apply to all building permits for new construction of residential units and future modifications. A certificate of survey indicating the setback, slope, area, and elevations shall be required to illustrate compliance with these provisions. Residential driveway requirements are as follows.
1. Driveways shall be set back at least five feet from side and rear yard property lines.
2. All driveways shall be surfaced with bituminous, concrete, or other improved surface material, as approved by the City Engineer. Except, in the Agricultural District, driveways shall be surfaced for the first 100 feet of the driveway, with bituminous concrete or other improved surface materials as approved by the City Engineer.
3. A maximum of four operable and licensed vehicles may be parked in the front yard driveway.
Subd. 9. Number of Spaces Required. Unless otherwise specified in the underlying zoning district, the following minimum number of off-street parking spaces shall be provided and maintained by ownership for and during the life of the respective uses.
Table 27 |
Table 27 | |
Use | Parking Standard |
Animal hospitals and kennel | 5 per 1,000 SF GLA |
Assisted living facility | One space for each 5 residents, based on the building design and operational needs. |
Automobile repair and motor fuel station | 3 per 1,000 SF GFA interior sales area, storage/display area, plus 2 per service bay |
Bank or financial institution (with or without a drive through) | 4 per 1,000 SF GFA |
Car wash | 2, plus 1 per each 2 peak shift employees |
Catering business | 2 per 1,000 SF GFA |
Clinic | 4 per 1,000 SF GFA |
Coffee shop | 10 per 1,000 SF GFA |
Day care facility | 2 parking spaces, plus 1 space for every 5 participants based on the building design |
Dwelling, multiple-family | 2 per dwelling unit |
Dwelling, single-family | 2 enclosed spaces per dwelling unit |
Dwelling, senior | 1.5 per dwelling unit |
Dwelling, townhouse | 2 enclosed spaces per dwelling unit |
Dwelling, two-family | 2 enclosed spaces per dwelling unit |
Grocery store | 6 per 1,000 SF GFA |
Health club | At least 15 spaces, plus 1 additional space for each 300 square feet of floor area over 2,000 square feet |
High intensity/call centers and telemarketing | 6 per 1,000 SF GFA |
Hospital | 4 per 1,000 SF GFA |
Large item retail sales | 3 per 1,000 SF GFA |
Manufacturing, fabricating, or processing of a product or material | 1.5 per 1,000 SF GFA |
Medical laboratory | 5 per 1,000 SF GFA |
Motels, motor hotels, hotels | 1.5 per dwelling unit, guest room, or hotel room |
Municipal administration buildings, post office, and other public service buildings | 3 per 1,000 SF GFA |
Office buildings, medical and professional offices | 3 per 1,000 SF GFA |
Places of worship | 1 parking space for each 4 seats based on the design capacity of the main seating area or areas |
Research, experimental, or testing stations | 2 per 1,000 SF GFA |
Restaurant | 10 per 1,000 SF GFA |
Restaurant-tavern, tavern, brewery, micro-brewery, micro-distillery, micro-winery, tap room | 16 per 1,000 SF GFA |
Retail store, service/shopping center or convenience food take-out/delivery establishment | 4 per 1,000 SF GFA |
School: elementary/middle/junior high (public/private/charter) | One parking space for each classroom plus 1 parking space for each 7 students based upon design capacity |
School: senior high (public/private/charter) | One parking space for each classroom plus one parking space for each 4 students based upon design capacity |
State licensed residential facility | One parking space for each 4 beds for which accommodations are offered |
Places of assembly | One parking space for each three seats based upon design capacity |
Warehousing, storage, or handling of bulk goods | 1 per 1,000 SF GFA |
Wholesale establishments (selling only to retailers and contractors) | 2 per 1,000 SF GFA |
Note to Table: For uses not specifically listed above, off-street parking requirements shall be computed by the Zoning Administrator on the same basis as required for the most similar listed uses. In such cases, the Zoning Administrator shall also consult off-street parking reference materials including, but not limited to, manuals prepared by the American Planning Association and Institute of Transportation Engineers. | |
Subd. 10. Joint Facilities.
1. Joint Use of Parking. The City Council may approve a conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided is less than the sum of the total required for each business, subject to the provisions of subsection 1002.08 and the conditions outlined below.
a. Entertainment Uses. Up to 60% of the parking facilities required for a theater, bowling alley, bar, restaurant, or similar entertainment oriented use may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in Item 1.d below.
b. Nighttime or Sunday Uses. Up to 60% of the off-street parking facilities required for any use specified under item 1.d below as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses; auditoriums incidental to a public or parochial school, churches, bowling alleys, theaters, bars, restaurants, or other similar entertainment oriented use, or apartments.
c. Places of Assembly (School Auditorium and Place of Worship and the Like). Up to 80% of the parking facilities required by this section for a place of worship or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified under item 1.d below as primarily daytime uses.
d. Daytime Uses. For the purpose of this subsection the following uses are considered as primarily daytime uses: banks, offices, retail stores, personal services, household equipment or furniture shops, manufacturing, wholesale, and similar uses.
2. Additional Criteria for Joint Parking. In addition to the preceding requirements, the following conditions are required for joint parking usage.
a. Proximity. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 300 feet of such parking facilities.
b. Conflict in Hours. The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.
c. Written Consent and Agreement. A legally binding instrument, executed by the parties concerned, for joint use of off-street parking facilities, duly approved as to title of grantors or lessors, and form and manner of execution by the City Attorney, shall be filed with the City Clerk and recorded with the County Recorder or Registrar of Titles, and a certified copy of the recorded document shall be filed with the city within 60 days after approval of the joint parking use by the city.
Subd. 11. Off-Site Parking. Any off-site parking which is used to meet the requirements of this chapter shall be a conditional use permit as regulated by subsection 1002.08 and subject to the conditions listed below.
1. Code Compliance. Off-site parking shall be developed and maintained in compliance with all requirements and standards of this chapter.
2. Access and Proximity. Reasonable access from off-site parking facilities to the use being serviced shall be provided. Off-site parking shall not be located more than 500 feet from any normally used entrance of the principal use serviced.
3. Lessee Agreement Required. The site used for meeting the off-site parking requirements of this chapter shall be secured by a lease agreement between the parties, with terms approved by the City Council subject to the review and approval of the City Attorney, filed with the City Clerk and recorded with the County Recorder or Registrar of Title. A certified copy of the recorded document shall be filed with the City Clerk within 60 days after approval of the agreement by the City Council.
4. Term of Parking Agreement. Any use which depends upon off-site parking to meet the requirements of this chapter shall maintain parking utilization of the off-site location until such time as on-site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking.
Subd. 12. Proof of Parking. A reduction in the number of required parking stalls may be permitted by interim use permit subject to the provisions of subsection 1002.09 and the conditions outlined below.
1. Evidence is provided demonstrating that the parking requirements of the proposed use will be less than the parking required under subsection 1006.03, during the peak demand period. Factors to be considered when reviewing the proposed parking demand shall include, but not be limited to:
a. Size, type, and use of building;
b. Number of employees;
c. Projected volume and turnover of employee and/or customer traffic;
d. Projected frequency and volume of delivery or service vehicles;
e. Number of company owned vehicles; and
f. Storage of vehicles on-site.
2. In no case shall the amount of parking provided be less than one-half of the amount of parking required by ordinance.
3. The property owner can demonstrate that the site has sufficient property under the same ownership to accommodate the expansion of the parking facilities to meet the minimum requirements of subsection 1006.03, if the parking demand exceeds on-site supply.
4. The area reserved as proof of parking shall be sodded or seeded and maintained as green space or a recreational area. No permanent buildings shall be permitted in the “proof of parking” area.
5. The property owner shall record a restrictive covenant against the title to the property providing that additional parking shall be constructed in accordance with subsection 1006.03, if the site parking demand exceeds the actual on-site parking supply in the sole opinion of the city. The form of the restrictive covenant shall be approved by the City Attorney before the issuance of the interim use permit.
6. To qualify for proof of parking, the site plan must comply with all current zoning standards.
Subd. 13. Off-Street Loading. The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and in off-street parking areas so to promote the safety and general welfare of the public by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the specific and appropriate utilization of various parcels of land or structures.
1. Location.
a. Off-Street. All required loading spaces shall be off-street and located on the same lot as the building or use to be served.
b. Distance from Intersection. All loading space curb cuts shall be located at minimum 50 feet from the intersection of two or more street rights-of-way. The distance shall be measured from the property line.
c. Distance from Residential Use. No loading space for a non- residential use shall be located closer than 100 feet from a residential use or district.
d. Front Yard Locations. With the exception of the I-1 District, a conditional use permit shall be required for loading spaces for non-residential uses where the loading space is located at the front or side of the building on a corner lot.
i. Pedestrians. Loading spaces shall not conflict with pedestrian movement.
ii. General Compliance. Loading spaces shall comply with all other requirements of this subsection.
e. Traffic Interference. Each loading space shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic.
f. Parking Spaces. Loading spaces shall not utilize required parking spaces.
g. Adequacy. All loading space shall be sufficient to meet the requirements of each use and shall provide adequate space for storage and maneuvering of the vehicles they are designed to serve.
h. Surfacing. All loading spaces and access ways shall be improved per the engineering standards manual.
i. Accessory Use: Parking and Storage. Any space allocated as a required loading space or access drive so as to comply with the terms of this chapter, shall not be used for the storage of goods, inoperable vehicles, or vehicles for sale or rent or show and shall not be included as part of the space requirements to meet the off-street parking requirements.
j. Screening. Except in the case of multiple dwellings all loading areas shall be screened and landscaped from abutting and surrounding residential uses and the public right-of-way, in compliance with subsection 1006.06.
2. Size of Loading Spaces. Loading spaces shall be not less than 30 feet in length, ten feet in width, and 14 feet in height, exclusive of aisle and maneuvering space.
§ 1006.04 Building Standards.
Subd. 1. Purpose. The purpose of this subsection is to establish general building regulations that 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 city.
Subd. 2. General Provisions: Dwelling Unit Restriction. Model homes, garages, and accessory buildings shall not at any time be used as living quarters, temporarily or permanently, except as may be approved in emergency cases by the Zoning Administrator as an administrative permit.
Subd. 3. Exterior Materials.
1. The exterior of structures shall include a variation in building materials which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance.
2. Building foundations not exceeding two feet and other such portions of a building’s exterior wall area need not comply with the requirements for the primary exterior wall area treatment or materials.
3. No galvanized or unfinished steel or unfinished aluminum buildings (walls or roofs) may be constructed except as provided herein.
4. Residential Uses. The primary exterior building facade finished for residential uses shall consist of materials comparable in grade to the following:
a. Brick;
b. Stone (natural or artificial);
c. Integral colored spit face (rock face) concrete block;
d. Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, or cypress;
e. Stucco (natural or artificial);
f. Vinyl, steel, fiber, and aluminum siding; and
g. Other materials as approved by the Zoning Administrator.
5. Non-Residential Uses.
a. Permitted exterior wall finish materials:
i. Brick;
ii. Stone, natural and textured cast stone;
iii. Concrete masonry with integral color and texture (such as split or rock faced concrete block) or with exterior surfaces that have been treated with a decorative, applied surface texture and color other than paint;
iv. Cast in place concrete or pre-cast concrete panels;
v. Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, or cypress;
vi. Composite board;
vii. Glass;
viii. Stucco;
ix. Vinyl;
x. Exterior insulated finishing systems (EIFS) where the EIFS system is manufactured to replicate the look of approved building materials;
xi. Metal siding that is coated or anodized with a non-reflective glare free finish is permitted only where coordinated into the overall architectural design and provided that the metal siding does not constitute more than 50% of the total exterior wall area. The wall area does not include doors, overhead doors, windows, and the like; and
xii. Exterior walls of masonry, concrete, and glass are encouraged.
b. Metal roofing material that is coated or anodized with a non-reflective, glare-free finish is a permitted roofing material.
6. Exterior Materials for Buildings in the I-3 Innovation Industrial Park Zoning District. Any exterior wall adjacent to a public street must have a higher level of aesthetics. This could be accomplished by architectural design features, increased use of stone and/or brick across 25% of the facade area, combination of glass and architectural metals, or a wall plane articulation across 25% of the facade area. Such articulation must extend at least five feet from the primary building line of the principal building structure.
Subd. 4. Single-Family Dwellings. All single-family detached homes (except for manufactured homes located in the R-4 zoning district) shall conform to the following standards.
1. General Requirements.
a. All homes shall be constructed upon a continuous perimeter foundation that meets the requirements of this chapter and the State Building Code;
b. Shall be so located on the lot so that garage space for at least two vehicles, either attached or detached, can be located on said lot; and
c. Provision shall be made for possible future decks, porches, or additions that meet setback standards, as part of the initial building plans.
2. Minimum Floor Area Per Dwelling Unit. Within the AG, R-1, R-2, and R-5 Zoning Districts, all new single-family dwellings shall have a minimum floor area of 960 square feet.
3. Architectural Details. The front of all single-family homes shall contain a minimum of two unique architectural features such as a front porch, dormer, attached decks, architectural recesses, decorative cornices, bay/bow windows, pilasters, columns, cantilevers, built-in planter/window boxes, formal pediment, and trim emphasizing front door entry or other significant architectural detail. Variations of color are not sufficient to comply with this condition.
Subd. 5. Attached Residential Dwellings.
1. General Requirements.
a. Unit Width. The minimum width of a dwelling unit shall be 24 feet.
b. Number of Units and Building Length. No single townhome structure shall contain more than six attached units if in a row or more than eight attached units if back-to-back. A townhome structure shall have no single wall greater than 48 feet in length without an offset of four feet or more, or an angle of 22.5 degrees or more.
c. Utilities.
i. Public Utility Service. Separate public utility services shall be provided to each unit unless exempted by the City Engineer.
ii. Water Connection. Individual unit shut-off valves shall be provided.
iii. Sewer Connection. Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the property owner’s association or owners.
d. Each site shall include at least 30% open space, that is, space without buildings, paving, or other impervious surface.
i. The City Council may require, at its discretion, that open space as required herein be configured in a manner to provide recreation facilities such as a tot lot or playing fields. The need for such facilities shall be based in part of the type of structures proposed, the target market for the units, the proximity to public recreation areas, and other factors identified by the city.
ii. Outdoor swimming pools or other intensive recreation uses shall comply with the minimum setbacks required for the principal structure.
e. Streets. All streets shall be public and shall comply with design standards and specifications as governed by the city subdivision ordinance.
f. Sidewalks. Sidewalks shall be provided from parking areas, loading zones, and recreation areas to the entrances of the building(s).
g. Decks or Porches. Provision shall be made for possible decks, porches, or additions as part of the initial dwelling unit building plans. The unit lot shall be configured and sized to include decks or porches.
h. Minimum Overhang. A minimum roof overhang of 12 inches shall be provided on the front and back of all attached dwellings.
2. Minimum Floor Area Per Dwelling Unit. The minimum floor area for two-family and townhome units shall be 960 square feet.
3. The exterior of attached dwelling units shall include a variation in building materials which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance and shall comply with the following requirements:
a. A minimum of 20% of the combined area of the front building facades of a structure shall have an exterior finish of brick, stucco, and/or artificial stone.
b. For the purpose of this subsection, the area of the building facade shall not include area devoted to windows, entrance doors, garage doors, or roof areas.
Subd. 6. Multiple-Family (Apartment) Dwellings.
1. General Requirements.
a. Open Space. Unless otherwise indicated in the underlying zoning district, each site shall include at least 30% open space, that is, space without buildings, paving, or other impervious surface.
i. The city may require, at its discretion, that open space as required herein be configured in a manner to provide recreation facilities such as a tot lot or playing fields. The need for such facilities shall be based in part on the type of structures proposed, the target market for the units, the proximity to public recreation areas, and other factors identified by the city.
ii. Outdoor swimming pools or other intensive recreation uses shall observe setbacks as required in the underlying zoning district or as required for the principal structure, whichever is greater.
b. Recreation Areas. Each multiple-family apartment building or complex of 20 or more dwelling units shall include visually defined or fenced active recreation areas. Said areas need not be contiguous. The size of the recreation area shall be 2,000 square feet plus an additional 50 square feet per unit for over 20 dwelling units, exclusive of parking or loading areas. For senior or physically disabled housing, 20% of the gross lot area must be reserved for active or passive recreation area. These requirements may be reduced, at the City Council’s discretion, for projects in the TOD District’s Station Zone and Midway Zone which are built in accordance with the TOD District’s zoning requirements and have lot coverage levels that do not allow for full compliance with this provision.
2. Exterior Materials.
a. A minimum of 25% of the combined area of all building facades of a structure shall have an exterior finish of brick, stucco, and/or natural or artificial stone.
b. For the purposes of this subsection, the area of the building facade shall not include area devoted to windows, entrance doors, garage doors, or roof areas.
Subd. 7. Screening of Mechanical Equipment. All rooftop and ground-mounted mechanical equipment of residential buildings having three units or more and of non-residential buildings and/or equipment shall comply with the following standards:
1. All rooftop and ground-mounted mechanical equipment shall be screened so as to mitigate noise and view of said equipment in compliance with subsection 1006.06.
2. All rooftop and ground-mounted mechanical equipment shall be designed (including exterior color) and located so as to be aesthetically harmonious and compatible with the building.
a. Rooftop mechanical equipment shall not exceed the building height standards by more than ten feet.
b. All rooftop and ground-mounted equipment shall be painted or color clad to match the building or screened from view with secured fencing or parapets in a harmonious color.
c. Screening of and landscaping around the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening.
3. All loading, service utility, mechanical equipment, and outdoor storage areas shall be screened from all public roads and adjacent properties and shall be designed to be compatible with the architectural treatment of the principal building.
Subd. 8. Height Requirements. All buildings and structures shall comply with the maximum building height of the applicable zoning district.
1. Exceptions. The building height limits established for each zoning district shall not apply to the following:
a. Belfries;
b. Chimneys or flues;
c. Church/places of worship spires;
d. Cooling towers;
e. Cupolas and domes which do not contain useable space;
f. Elevator penthouses;
g. Flag poles;
h. Monuments;
i. Parapet walls extending not more than three feet above the limiting height of the building;
j. Water towers;
k. Necessary mechanical and electrical appurtenances;
l. Poles, towers, and other structures for essential services;
m. Personal wireless services and commercial broadcasting antennas not exceeding 20 feet above the roof of the antenna support structure; and
n. Antenna towers regulated by subsection 1005.02.
2. Exception Limits. No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than 25% of the area of such roof nor exceed ten feet in height.
3. Modifications to topography of a lot may not be undertaken as a means of achieving increased building height.
4. Additional building height may be approved by the City Council with a conditional use permit pursuant to subsection 1002.08, and provided that:
a. The site is capable of accommodating the increased intensity of the use;
b. The increased intensity of the use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets;
c. Public utilities and services are adequate; and
d. For each additional story over three stories or for each additional ten feet above 40 feet, front and side yard setback requirements shall be increased by 5%.
Subd. 9. Deferment for Existing Metal Buildings. An owner of an existing metal building may apply for a conditional use permit to allow, for expansion of the structure, a deferment from the exterior wall design requirements of this subsection, provided:
a. The deferment shall be until the second construction phase is complete or up to five years, whichever is less;
b. The building owner shall provide the city with an irrevocable letter of credit or other form of security acceptable to the City Attorney, for an amount one and one-half the estimated cost of the required exterior wall treatment. The bank and letter of credit shall be subject to the approval of the City Attorney. The letter of credit shall secure compliance with this chapter; and
c. Exceptions to the provisions of this subsection may be granted via a conditional use permit pursuant to subsection 1002.08, provided that:
i. The proposed building maintains the quality and value intended by this section; and
ii. The proposed building is compatible and in harmony with other structures within the district.
§ 1006.05 Fences and Walls.
Subd. 1. Purpose. The purpose of this subsection shall be to provide for the regulation of fences in the city, to prevent fences from being erected that would be a hazard to the public or an unreasonable interference with the use and enjoyment of neighboring property, and are compatible with existing uses and other zoning restrictions.
Subd. 2. Permit Required. Fences, retaining walls, and sound barriers as defined in subsection 1001.02 shall not be constructed without a building or administrative permit. The permit application shall be accompanied by a certificate of survey clearly describing the type, location, and method of anchoring the fence, retaining wall, or sound barrier. The owner shall be responsible for properly locating all property lines before construction of any fence.
Subd. 3. General Provisions.
1. In all zoning districts, a fence not exceeding seven feet in height may be erected in the rear yard and side yard areas up to the nearest front corner of the principal building. In the event that a deck or porch is located on the front of the structure, the seven-foot tall fence section located along the side lot line(s) shall terminate at the front corner of the principal building as opposed to the front of the porch/deck addition.
2. In residential districts, a fence not exceeding four feet in height, and having at least 75% open area for passage of air and light, may be erected on the front lot line and the side lot lines forward of a line drawn across the front line of the principal building.
3. On lakeshore lots, a fence not exceeding four feet in height, and having at least 75% open area for passage of air and light, may be erected on the side lot lines behind the line drawn across the rear line of the principal building.
4. Fences shall not be permitted within any right-of-way, clear view triangle area, within the site visibility area adjacent to railroads, below the 100-year floodplain of any lake, river, or wetland, or in an emergency overflow easement.
5. Fences shall not be permitted within ten feet of the curb and/or surface of any street, road, or alley that is regularly snowplowed by the city and is less than 40 feet in width.
6. Fences shall be installed so that the more finished side faces the adjacent property. If the fence has posts on one side, the posts shall be placed on the inside of the fence.
7. Barbed wire fences shall be prohibited in all zoning districts with the exception of essential service structures, solar gardens, solar farms, and rail car storage areas, provided it is approved as part of the site plan process in subsection 1002.11. Barbed wire shall be limited to three feet high and may extend above the maximum permitted fence height.
8. Fences shall be wood, chain link, wrought iron, vinyl, board and picket, or similar material. Owners are responsible for ensuring property maintenance and function.
9. Ornamental fences may be permitted in a front yard if not designed or serving as an enclosure. Ornamental fences include such things as split rail, picket, and brick, but not such things as chain link fences. The maximum allowed height for a brick wall is three feet for a split rail, picket, or wrought iron fence, four feet with at least 25% open area for passage of air and light. Wrought iron and similar ornamental fences may be up to five feet in height in commercial zoning districts.
10. Wood, plastic, vinyl, fabric, or other type of slats, when used in combination with chain link fencing, shall not be permitted.
11. Snow fences shall be prohibited in the residential areas of the city for any purpose other than marking areas for tree preservation as part of an approved plan during the months of April through October.
12. Fences up to 16 feet in height may be permitted to enclose public tennis courts or as back stops for public athletic fields provided all other requirements of this subsection are met and that the backstop is setback a minimum of 200 feet from residential structures. A conditional use permit shall be required for fences taller than 16 feet for private tennis courts.
13. Fences which include a security gate at a point where access is provided to the property and principal building may be approved if necessary and appropriate as part of a site plan review.
14. No fence shall obstruct natural drainage. No fence shall be placed within an easement that obstructs or impedes the free flow of surface water from, or in any drainage easements. If a fence is constructed within the easement and it is required to be removed, the city shall not be required to pay compensation for any such fence.
Subd. 4. General Retaining Wall Provisions. Retaining walls shall be constructed when required by the city to prevent damage to any public area such as a sidewalk or street. Other retaining walls may be constructed under the same restrictions as placed on fences.
1. Retaining walls shall be installed with strict adherence to all manufacturers’ recommended standards.
2. No treated wood (railroad tie) retaining walls shall be allowed within the city limits.
3. Plans for retaining walls shall be reviewed by the Building Official and/or City Engineer if over three feet tall and/or proposed to be located in a drainage and utility easement.
§ 1006.06 Landscaping.
Subd. 1. Purpose. The purpose of this subsection is to establish requirements that are intended to contribute to the aesthetic environment of the city, enhance livability, and foster economic development by providing an attractive urban setting. This section is also intended to:
1. Protect, restore, preserve, and maintain the natural environment throughout the development process;
2. Enhance the appearance, character, health, safety, and welfare of the community;
3. Provide green spaces that can support the urban citywide tree canopy, wildlife, such as birds, in the urban environment;
4. Increase the compatibility of adjacent uses, minimize adverse impacts of noise, dust, debris, artificial light intrusions, activities, or impacts to adjacent or surrounding uses; and
5. Contribute to the green infrastructure of the city to reduce air pollutants, mitigate the urban heat island effect and storm water runoff issues.
Subd. 2. General Landscaping and Maintenance.
1. All exposed ground areas, including street boulevards (landscaped portion of right-of-way), and areas not devoted to off-street parking, drives, sidewalks, patios, or other such improvements shall be landscaped with sod, seed, shrubs, other ornamental landscape materials, and trees, except that trees shall not be planted in boulevard portions of the public right-of-way without approval from the City Engineer. Temporary erosion control measures shall be installed and maintained in proper working order until permanent erosion control measures are in place and functioning properly.
2. All landscaped areas shall be maintained by the property owner and kept neat, clear, and uncluttered. Any required plant material which is diseased or dies shall be replaced with like kind of the original size.
3. Plantings placed upon utility easements or public right-of-way are subject to removal if required for maintenance or improvement of the utility. In such cases, costs for removal and restoration shall be the responsibility of the property owner.
4. Final grades with a slope ratio of greater than three-to-one shall not be permitted without approval of the City Engineer and/or Building Official and shall contain approved treatment such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening shall not have slopes in excess of three-to-one.
5. All new plants shall be guaranteed for 12 months from the time planting has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Any replacements shall be warranted for 12 months from the time of planting.
Subd. 3. Required Landscaping. Prior to approval of a building permit for a new structure or building addition, all uses shall be subject to the landscape provisions required herein.
1. Commercial, industrial, public, semi-public, institutional, multiple-family residential, attached residential, parking lots for five or more vehicles, and utility uses shall incorporate landscaping in conformance with the following standards and criteria.
a. Landscape design shall place emphasis upon the boundary or perimeter of the site at points adjoining the public right-of-way, other property, and the immediate perimeter of the structure(s).
b. Plant materials shall be appropriate for the site conditions (soils, climate, ground water, human-made irrigation, grading, and the like). To the extent possible, native drought resistant plant materials/trees shall be utilized.
c. Commercial, industrial, multiple-family, attached residential, public, semi-public, and institutional uses shall install irrigation systems to ensure survivability of landscape materials.
2. The trees fulfilling the requirements of this subsection shall be not less than 25% deciduous and not less than 25% coniferous. The minimum number of trees on any given site shall be as follows.
a. Single-Family Uses. Two trees per dwelling unit to be located in the front yard.
b. Two-Family, Townhouse, and Multiple-Family Uses. Residential structures containing two or more units shall contain, as a minimum, one tree per dwelling unit.
c. Non-Residential Uses. Non-residential uses shall contain at a minimum:
i. One tree per 1,000 square feet of gross building floor area; and
ii. One shrub per 300 square feet of gross building floor area.
d. Trees. An equivalent of up to 50% of the required number of trees may be substituted with the use of trees in combination with ornamental trees and/or shrubs. In such case, not less than three ornamental trees or ten shrubs shall be provided for each one required tree substituted.
3. Minimum Size. All plants must at least equal the following minimum size.
Table 28 | ||
Landscape | Balled and Burlapped | |
Table 28 | ||
Landscape | Balled and Burlapped | |
Evergreen trees | 6 feet | |
Ornamental trees | 2 inch diameter | |
Shade trees | 2.5 inch diameter | |
Tall shrubs/hedge material | 3-4 feet | |
Evergreen | 24-30 inch height | |
Low shrubs, deciduous | 24-30 inch height | |
Spreading evergreen | 18-24 inch height | |
4. Spacing.
a. Plant material centers shall not be located closer than three feet from a side property line or 12 feet from a front property line.
b. Where plant materials are planted in two or more rows, plantings shall be staggered in rows unless otherwise approved by the Zoning Administrator.
c. All tree and plant species shall be indigenous to the appropriate hardiness zone and physical characteristics of the site. Prohibited tree and plant species are identified in the following tables.
Table 29 | |
Shrubs | Scientific Name
|
Table 29 | |
Shrubs | Scientific Name
|
Barberry, common | Berberis vulgaris |
Barberry, Japanese | Berberis thunbergia |
Honeysuckle, Japanese | Lonicera japonica |
Honeysuckle, Tatarian | Lonicera tatarica |
Siberian peashrub | Caragana arborescens |
Winged burning bush | Euonymus alatus |
Table 30 | |
Trees | Scientific Name |
Table 30 | |
Trees | Scientific Name |
Amur maple | Acer ginnala |
Ash | Fraxinus spp. |
Black locust | Robinia pseudoacacia |
Boxelder | Acer negundo |
Buckthorn | Rhamnus spp. |
Cottonwood | Populus deltoides |
Elm, American | Ulmus americana |
Elm, Siberian | Ulmus pumila |
Ginkgo (female) | Ginkgo biloba |
Mulberry | Morass spp. |
Norway maple | Acer platanoides |
Russian olive | Eleagnus angustifolia |
5. Sod and Ground Cover. All areas not otherwise improved in accordance with approved site plans shall have a minimum depth of four inches of topsoil (black dirt consisting of not more than 35% sand) and be sodded, including boulevard areas located two feet behind the back of curb (for erosion control). Exceptions to these criteria may be approved by the Zoning Administrator as follows.
a. Seed may be provided in lieu of sod in any of the following cases:
i. Where irrigation is present;
ii. Where the seed is applied to future expansion areas as shown on approved plans;
iii. Where the seed is applied adjacent to natural areas or wetlands (seed mixture to be approved by the City Engineer); and
iv. Where the seed is applied to low maintenance areas alongside principal arterials (U.S. Highway 10) as defined by the Comprehensive Plan.
b. Undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials.
c. Areas designated as open space or future expansion areas properly planted and maintained with prairie grass or wild flowers. Seed mixture to be approved by the City Engineer. Native prairie grass or wildflowers may be allowed in other areas subject to Zoning Administrator review and approval of a landscape plan.
d. Use of mulch materials such as bark, wood chips, and decorative block in support of shrubs and foundation plantings.
e. Storm water management ponds shall be seeded with native wetland species as approved by the City Engineer. The perimeter of “dry ponds” shall be landscaped with plants and wildflower seed/stock subject to the approval of the City Engineer.
f. To achieve ornamental grass, a minimum depth of four inches of topsoil (black dirt consisting of not more than 35% sand) shall be placed on the affected areas before seeding. A minimum depth of two inches of topsoil shall be placed on the affected areas before sodding. Ornamental grass shall be guaranteed for a full two years from the time planting is completed.
Subd. 4. Required Screening.
1. Non-Residential Uses. Where any non-residential use abuts property zoned for residential use, screening shall be provided along the boundary adjacent to the residential property. Screening shall also be provided where a non-residential use is across the street from a residential zone, but not on that side of a business, industry, or institutional building considered to be the front (as determined by the Zoning Administrator). The screening shall consist of a greenbelt strip, buffer yard, or other screening as provided for below.
a. A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be a minimum of ten feet in width and of a sufficient density to provide a visual screen and reasonable buffer. This planting strip shall be designed to provide visual screening to achieve a 75% opacity year-round and to a minimum height of six feet. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection, unless otherwise established by the Zoning Administrator. The planting plan and type of plantings shall require the approval of the Zoning Administrator.
b. A fence or earth berm may also be installed, but not in lieu of the greenbelt plant materials. Earth berms may be used but shall also be planted with landscape screening materials. A fence shall be constructed of masonry, brick, steel, vinyl, or wood, except as otherwise provided herein. Such fence shall provide a solid screening effect and shall be a minimum of six feet in height. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection, unless otherwise established by the Zoning Administrator. The design and materials used in constructing a required screen shall be subject to the approval of the Zoning Administrator.
2. Multiple-Family Uses. Where multiple-family buildings of three or more units abut property zoned or developed with a less dense residential use, the higher density residential use shall provide screening along all off-street parking and outdoor recreational activity areas and between multiple-family and single-family dwelling units to mitigate possible adverse impacts.
3. Buffer Yards. Buffer yards shall be located along lot lines for residential lots that abut major collector or arterial roads, railroad right-of-way, or overhead power lines.
a. Buffer Yard Requirements. Except as may be approved by the City Council, lots which border major collector, arterial street, overhead power lines, or railroad right-of-way shall provide a minimum 20-foot buffer yard in addition to the required lot width and depth requirements of the underlying zoning district, to screen homes from said streets, power lines, or railroad right-of-way. With the exception of those lots which are located adjacent to power lines or railroad right-of-way, buffer yards shall be maintained.
b. Buffer Yard Landscape Design Standards.
i. Plantings. All designated buffer yards must be seeded or sodded except in areas of steep slopes where natural vegetation is acceptable, and planted with trees and shrubs as approved by the Zoning Administrator. All plantings within designated buffer yards shall adhere to the following.
(a) Deciduous shrubs shall not be planted more than four feet on center, and/or evergreen shrubs shall not be planted more than three feet on center.
(b) Deciduous trees intended for screening shall be planted not more than 40 feet apart. Evergreen trees intended for screening shall be planted not more than 15 feet apart.
ii. Accessory Structures. Accessory buildings shall not be located within designated buffer yards.
iii. Earth Berms. Earth berms within designated buffer yards:
(a) Shall contain no less than four inches of topsoil; and
(b) Landscaping proposed in conjunction with berms shall be planted in a manner that does not result in a single row of plants along the top of the berm. Landscaping shall be grouped and provided to accomplish visual interest as well as screening.
Subd. 5. Financial Guarantee. A financial guarantee consistent with Section 1109 shall be received prior to the issuance of any building permit or permit for land alteration.
§ 1006.07 General Use Standards.
The purpose of this subsection is to establish standards for specific uses to ensure they maintain the general welfare, public health, and safety of the city.
Subd. 1. Accessory dwelling unit, provided that:
1. A building unit is required for all accessory dwelling units;
2. One attached or detached accessory dwelling unit shall be allowed as an accessory use to a single-family dwelling;
3. An attached or detached accessory dwelling unit shall comply with the same minimum building setback requirements as required for the principal dwelling unit;
4. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 1,000 square feet, whichever is less;
5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, roof pitch, colors, and materials as the principal building on the lot, and shall be compatible with the character of the surrounding residential buildings;
6. There shall be no separate ownership of the accessory dwelling unit;
7. In addition to the parking spaces required for the principal dwelling unit on the lot, two off-street parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this chapter;
8. An accessory dwelling unit shall have a separate address from the principal dwelling unit on the lot and shall be identified with address numbers;
9. The principal dwelling unit and accessory unit shall be created and maintained in compliance with the Building Code; and
10. The principal dwelling unit and accessory dwelling unit shall be connected to municipal sewer and water.
Subd. 2. Assisted living facility, but not including hospitals or similar institutions, provided that:
1. Side yard setbacks shall be double the minimum requirements established for the zoning district;
2. Only the rear yard shall be used for recreational areas. Said areas shall be fenced and controlled and screened as required by this chapter;
3. If the facility exceeds a density of ten units per acre or is greater than 24 units total, the site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which is generated;
4. All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured;
5. The following commercial uses shall be allowed accessory to assisted living facilities and may be approved as part of the conditional use permit. It is the intent of this subsection that said uses primarily serve and benefit the residents of said facilities.
a. Financial institutions;
b. Personal services;
c. Limited retail sales;
d. Newsstand;
e. Pharmacy; and
f. Clinics.
6. Performance Standards. All accessory uses listed herein shall conform to the following provisions.
a. Location. All uses shall be located completely within the principal structure of the residential facility.
b. Access. No separate exterior entrance or exit shall be allowed for any accessory use(s).
c. Signage. No exterior signage of any type shall be allowed for any accessory use(s).
d. Size. All combined commercial accessory uses within a single building shall not exceed 3,000 square feet gross floor area.
e. Hours. No accessory use shall be open for operation between the hours of 9:00 p.m. and 8:00 a.m.
f. Parking. Sufficient parking for the commercial use(s) shall be provided in accordance with subsection 1006.03.
Subd. 3. Canopies associated with automobile service stations and convenience stores with gasoline and located over pump islands or associated with banks shall be allowed as accessory structures, subject to the following provisions.
1. Canopy setbacks shall be a minimum of 15 feet from the property line. Adequate visibility both on- and off-site must also be maintained.
2. Maximum canopy height may not exceed 20 feet and shall provide a minimum clearance of 14 feet.
3. Canopy facades may not exceed three feet in height.
4. Canopy lighting shall be recessed, and reflected glare or spill light may not exceed five-tenths foot candles, as measured on the property line when abutting residentially zoned property and one foot candle measured on the property line when abutting other commercial or industrially zoned property.
5. Signage may be allowed on the canopy as permitted by City Code Chapter 13.
Subd. 4. Car washes (drive-through, mechanical, and self-service); provided that the following are met.
1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.
2. Magazine or stacking space is constructed, with screening, to accommodate that number of vehicles which can be washed during a maximum 30-minute period and shall be subject to the approval of the city.
3. The entire area other than occupied by the building or plantings shall be surfaced with bituminous surfacing and surrounded by continuous perimeter concrete curbing. Site surfacing and drainage is subject to the approval of the city.
4. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the city.
5. Provisions are made to control and reduce noise in accordance with the noise control provisions of this chapter.
Subd. 5. Cemeteries or memorial gardens; provided that the following are met.
1. The use is public or semi-public; and
2. The use meets the minimum setback requirements for principal structures.
Subd. 6. Day care facility. a state licensed facility, either as a primary, stand alone, or accessory use, provided that the following are met.
1. Outdoor Play Area.
a. Outdoor play areas and parking areas are landscaped and screened from abutting residential properties and arterial and collector roadways in compliance with subsection 1006.06;
b. Outdoor play areas are fenced and enclosed; and
c. Outdoor play areas are not allowed within the required front yard setbacks.
2. The site and related parking and service are served by a street of sufficient capacity to accommodate the traffic which will be generated.
3. Adequate off-street parking is provided in a location separated from any outdoor play area(s). Adequate short-term parking or drop off area is provided within close-proximity to the main entrance.
4. The conditions of all applicable Minnesota rules and regulations are satisfactorily met. No facility shall begin operation without a state license. Proof of approved applicable state licenses shall be provided to the Zoning Administrator.
Subd. 7. Day care as a conditional accessory use.
1. Accessory Use. The day care facility is an accessory use, located within the building of the principal permitted use and provided for employees of the principal use.
2. Outdoor Play Area. Outdoor play areas and parking areas are landscaped and screened from abutting residential properties in compliance with subsection 1006.06.
Subd. 8. Detached off-site accessory building associated with a single-family residential use, provided that:
1. The land upon which the accessory building is to be located is under the same ownership as the land to which it is to be an accessory;
2. All applicable building setback and performance standards of this chapter are satisfactorily met;
3. The lot upon which the principal structure (detached single-family dwelling) exists does not comply with minimum area requirements of the zoning district in which it is located;
4. The lot upon which the off-site accessory structure is to be located:
a. Does not abut the side yard of the lot upon which the principal structure (detached single-family dwelling) exists;
b. Does not comply with minimum area requirements of the zoning district in which it is located;
c. Lies not more than 100 feet from the lot upon which the principal structure (detached single-family dwelling) exists;
d. If the lot abuts an alley, access is provided only via the alley; and
e. Is formally bound to the property on which the principal use is located through a deed restriction which is subject to the approval of the City Attorney. Said deed restriction shall be filed with the County Recorder or Registrar of Deeds and written evidence of recording shall be provided to the city prior to issuance of a building permit for the accessory structure.
5. The accessory structure is used solely by the owner of the principal structure (detached single-family dwelling) to which it is an accessory and shall not be rented or leased;
6. No home occupation activities are conducted in the off-site accessory structure;
7. Use of the off-site accessory structure is limited primarily to vehicle storage with a maximum of 20% of the accessory structures area being devoted to the storage of other equipment or materials; and
8. The provisions of subsection 1002.08 are considered and determined to be satisfied.
Subd. 9. Drive-Through Lanes. Drive-through lanes shall comply with the following.
1. The principal building shall be located only on a site having direct access to a minor arterial street, collector or service road.
2. All portions of the business with drive through facilities established after July 20, 2002 (effective date of ordinance), including, but not limited to, the building in which they are located, service windows and stacking spaces, shall be located across an arterial or collector street from residentially zoned or guided property, or shall be set back at least 150 feet from residentially zoned or guided property and provide a buffer yard consistent with the provisions of subsection 1006.06.
3. No part of the public street or boulevard may be used for stacking of automobiles.
4. The facility’s public address system shall not be audible from any adjacent residentially zoned or guided property and comply with the provisions of subsection 1006.01.
5. Businesses with one drive-through lane shall provide stacking space for at least ten vehicles, and businesses with two or more drive through lanes shall provide stacking space for at least six vehicles per lane, as measured from and including the last pick up station, window, or the like. Stacking spaces shall not interfere with parking spaces or traffic circulation.
6. The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections.
7. All elements of the drive through service area, including, but not limited to, menu boards, order stations, teller windows, and vehicle lights from the stacking lanes, shall be screened from adjacent residentially zoned or guided property pursuant to subsection 1006.06.
8. A lighting and photometric plan will be required that illustrates that the drive-through service lane lighting shall comply with subsection 1006.01.
9. The stacking lane, order board intercom, and window placement shall be designed and located in such a manner as to minimize noises and glare as to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site.
10. The stacking lanes and their drive’s access must be designed to control traffic in a manner to protect the buildings and green area on the site.
11. The hours of operation may be limited as necessary to minimize the nuisance factor such as traffic, noise, or glare.
Subd. 10. Essential service structures, provided that:
1. No building shall be located within 50 feet from any lot line of an abutting lot in a residential zoning district; and
2. The architectural design of the service structure shall be compatible to the neighborhood in which it is to be located.
Subd. 11. A state licensed facility serving seven or more persons, provided the facility is licensed by the state and the operator of the facility provides documentation of compliance with all applicable federal, state, and county regulations.
Subd. 12. Kennels, commercial; provided that they are only allowed as a secondary use.
Subd. 13. Motor fuel stations; provided that the following are met.
1. Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Section for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property.
2. Motor fuel facilities are installed in accordance with state and local standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations do not conflict with circulation, access, and other activities on the site.
3. Fuel pumps shall be installed on pump islands. Pump islands and their related parking and maneuvering aisle shall be located no closer to the street or adjacent property line than 30 feet. Fuel pump islands shall not encroach upon street right-of-way, pedestrian areas, or adjacent property.
4. Minor auto repair sites shall have a minimum lot area of 22,500 square feet.
5. Motor fuel facilities shall be accompanied by a commercial building having a minimum floor area of 1,600 square feet. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.
6. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with either concrete or bituminous to control dust and drainage. Site surfacing and drainage is subject to the approval of the city.
7. A curb not less than six inches above grade shall separate the public sidewalk from motor vehicle service areas.
8. At the boundaries of a residential district, a strip of not less than ten feet shall be landscaped and screened in accordance with subsection 1006.06.
9. Magazine or stacking space is constructed with screening subject to approval of the city.
10. An internal site pedestrian circulation system shall be defined, and appropriate provision made to protect such areas from encroachments by parked cars or moving vehicles.
11. Noise control shall be as required in subsection 1006.01.
12. No outdoor storage, except as allowed in compliance with this chapter, may occur on-site.
13. There shall be no outdoor service operation of lubrication equipment, hydraulic lifts of service pits, tire changing, drive systems repair and tuning, or similar operations.
14. Sale of products other than those specifically mentioned in this sub-section shall be limited to those allowed in this district and shall be subject to approval as part of the conditional use permit.
15. Open storage of motor vehicles shall not be permitted for a period of more than 48 hours and said open storage areas shall be screened in accordance with subsection 1006.06.
16. No sales or rental of motor vehicles, trailers, or campers shall be permitted.
Subd. 14. Motor vehicle sales, service, leasing/rental, and repair is allowed as a conditional use provided that the following are met.
1. The minimum building size for any auto sales use shall comply with the following standards.
Parcel Size | Lot Coverage % | Minimum Building Size
|
Up to 2 acres | 5% | 2,500 square feet |
More than 2 acres to 4 acres | 10% | 10,000 square feet |
More than 4 acres | 15% | 40,000 square feet |
2. The subject site must be accessible from a major arterial or collector street as defined by the City Comprehensive Plan.
3. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. All sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious finish treatment.
4. The minimum lot area shall be one acre. The minimum lot width shall be 100 feet.
5. The outdoor automobile sales/leasing/rental area shall not be greater than one and one-half times the gross floor area of the principal building. A minimum of 280 square feet of sales/leasing/rental area per vehicle shall be provided.
6. All parking areas, driveways, outdoor storage areas shall be at least ten feet from all side and rear property lines. The area shall be screened and landscaped as provided for in subsection 1006.06.
7. Outdoor motor vehicle sales/leasing/rental display area may be permitted within the required front yard, provided the following criteria are met.
a. The outdoor sales/leasing/rental area does not exceed 40% of the required front yard.
b. The outdoor sales/leasing/rental area shall not be less than ten feet from the front lot line.
c. The required display area setback shall be curbed and landscaped to prevent vehicle encroachment into the front yard and side yard setback areas.
d. Front yard display area shall comply with the sales/leasing/rental area per vehicle of Subd. 14(5) above.
e. The front yard display area shall not be used for customer or employee parking.
8. The outdoor storage of waste material, debris, refuse, damaged vehicles, and junk vehicles parts and the like shall be contained within a specifically defined area of the site no greater than 10% of the total site area. Said area must be located in the rear yard and encompassed by a minimum six- foot high screened and secured, privacy fence. Said fence must be accompanied by landscape plantings along all sides which face adjoining properties. No outdoor storage of any kind is allowed on the rooftop of any building on the site. Areas intended for the storage of damaged vehicles that may result in the loss of motor vehicle fluids (i.e. gasoline, oil, antifreeze, transmission fluid, battery acid, and the like) shall be designed to prevent the infiltration or drainage of these fluids into area soils or storm water runoff and prevent the deterioration of parking and storage area surface.
9. The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited.
Subd. 15. Outdoor dining as an accessory use for restaurants, brewpubs, taprooms, drive-in, and convenience food establishments. This accessory use does not include and does not limit temporary uses regulated in subsection 1002.10. Outdoor dining is subject to the following conditions.
1. The applicant is required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations.
3. All lighting be hooded and directed away from adjacent residential uses in accordance with subsection 1006.01.
4. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following.
a. Outdoor dining area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the Zoning Administrator.
b. Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like.
c. Overstory canopy of trees, umbrellas, or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of eight feet above the sidewalk.
5. The dining area is surfaced with concrete, bituminous or decorative pavers, or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface.
6. A minimum width of 36 inches shall be provided within aisles of the outdoor dining area.
7. Storage of furniture shall not be permitted on the sidewalk between November 1 and March 31. Sidewalk furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this subsection. However, any immovable or permanently fixed or attached furniture must be approved as part of the administrative permit application.
8. Additional off-street parking shall be required pursuant to the requirements set forth in subsection 1006.03, based upon the additional seating area provided by the outdoor dining area.
9. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter.
Subd. 16. Open or outdoor service, sale, and rental is an accessory use under a conditional use permit provided that the following are met.
1. Outside services, sales, and equipment rental connected with the principal use is limited to 30% of the gross floor area of the principal use.
2. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting “R” District in compliance with subsection 1006.06.
3. Sales area is surfaced with asphalt or concrete to control dust, mud, and to provide clean and useable surface.
4. The use shall be setback at least ten feet from all property lines.
Subd. 17. Outdoor storage, accessory, provided that the following are met.
1. The outdoor storage area shall not be located in the front yard.
2. The outdoor storage area shall be fully fenced, screened, and/or landscaped according to a plan in compliance with subsection 1006.06 and subject to the approval of the Zoning Administrator from all public rights-of-way, commercial land uses, and residential land uses.
3. Surface area:
a. In the I-2 Zoning District, the outdoor storage area is surfaced with asphalt or other similar material to control dust and weeds and subject to the approval of the City Engineer.
b. In the I-3 Zoning District, the outdoor storage area is surfaced with a material to control dust and weeds and subject to the approval of the City Engineer. Outdoor storage directly upon grass or landscaping is prohibited.
4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance within subsection 1006.01.
5. The outdoor storage area shall not encroach upon required parking space or required loading space as required by this chapter.
6. The property stored shall not include any waste, except as provided for in subsection 1006.01.
7. The outdoor storage area shall not encroach into the required rear yard or side yard setback area if abutting a residential district.
8. Procedure:
a. In the I-2 District, an interim use permit is required.
b. In the I-3 District, an administrative permit may be issued provided the ratio of storage area to building footprint does not exceed seven-to-one. An interim use permit is required to exceed the maximum ratio of seven-to-one.
Subd. 18. Public, educational, and religious buildings; provided that the following are met.
1. No building shall be located within 50 feet of any lot line abutting residential districts.
2. If the use contains outdoor operations, the following shall be met.
a. Equipment is completely enclosed in a permanent structure or screened. Water towers shall be exempt from this provision.
b. Open storage of maintenance equipment and trucks over one and one-half tons, stockpiling of aggregate or other materials, and open storage of shall not be permitted.
Subd. 19. Recreational field, structure, or building; provided that:
1. Principal structures shall be located 100 feet or more from any lot line; and
2. Accessory structures and parking areas shall be located a minimum of 50 feet from any lot line.
Subd. 20. Septic and well development may be allowed on parcels identified as 65-026-2201 and 65-026-2000 and as described in subsection 1006.02 prior to municipal utilities provided that:
1. The proposed development is consistent with the Land Use Plan in the adopted Comprehensive Plan;
2. The proposed development will not preclude full utilization of the site development potential when municipal infrastructure services are available;
3. The property does not have sewer and water immediately available to the site. Sewer and water is considered available when the property is located within 1,000 feet of any municipal water and sanitary sewer mains;
4. The applicant will provide temporary on-site wells and septic until municipal sanitary sewer and water are available;
5. The site is designed to accommodate sewer and water connections as determined by the City Engineer;
6. The use may continue until city sewer and water are extended to the property line of the site. When connection to the municipal sanitary sewer system and water system is available at the property, such connections shall be made within three years and sanitary sewer and water distribution facilities shall be adequate to serve the development. The applicant agrees to pay all area charges and connection fees upon connection to municipal infrastructure;
7. The use will not result in groundwater, soil, or other contamination which may endanger the public health;
8. The use will not prematurely require or increase future city utility service demands and expense; and
9. The use will not jeopardize public safety and general welfare.
Subd. 21. Short-term rental; provided that:
1. No person shall operate a short-term rental dwelling building or unit without first having obtained a license to do so from the city in conformance with Section 915. The required administrative permit is processed as a license if no site modifications are being completed;
2. Tents, campers, trailers, and similar may not be rented out or used as residences. Only those places of residence with active certificates of occupancy (CO) for habitation may be rented;
3. The short-term rental dwelling building or unit shall be compliant with all local, state, and federal regulations; and
4. Rental units may be inspected by the Building Official, health authority, fire prevention officer, and/or such other inspectors as the city deems necessary for purposes of this Section.
Subd. 22. Truck or freight terminal; provided that:
1. All servicing of vehicles and equipment shall occur entirely within the principal structure;
2. To the extent required by state law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulated matter;
3. Storage and use of all flammable materials, including liquids and rags, shall conform to applicable provisions of the state uniform fire code;
4. Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the city and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks; and
5. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building.
Subd. 23. Vehicle rental as an accessory use, subject to the following conditions.
1. The principal use must feature a building with a minimum size of 2,500 square feet.
2. The interim use permit is non-transferable and terminates automatically upon the sale or closure of the business that has obtained the interim use permit.
3. The subject site must be accessible from a major arterial or collector street as defined by the City Comprehensive Plan.
4. The minimum lot width shall be 100 feet.
5. Outdoor motor vehicle rental display area may be permitted within the required front yard provided the following criteria are met.
a. The outdoor rental area does not exceed 40% of the required front yard.
b. The outdoor rental area shall not be less than ten feet from the front lot line.
c. Outdoor storage of rental vehicles shall not be permitted to obstruct the view of the building’s facade from the street. For buildings with multiple facades, this rule shall apply to each facade.
6. The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited.
7. In addition to the required parking for the principal use or activity, one off-street parking stall for every 1,000 square feet of outdoor motor vehicle rental area shall be required. The rental areas shall be clearly marked to differentiate them from customer parking areas.
(Ord. 2023-08, passed 6-14-2023)