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Bloomington City Zoning Code

ARTICLE II

DISTRICTS AND USES

§ 21.201 ESTABLISHMENT OF ZONING DISTRICTS.

   (a)   Zoning districts. For the purpose of this code, the city is hereby organized into the following primary zoning districts:
      (1)   Single-Family Residential Districts:
         Single-Family Residential R-1 District. All of the city except those parts described as lying within one of the following primary zoning districts established by this section
         Single-Family Residential R-1A District
         Large Lot Single-Family RS-1 District
      (2)   Multiple-Family Residential Districts:
         Townhouse Residential R-3 District
         Multiple-Family Residential R-4 District
         Multiple-Family Residential RM-12 District
         Multiple-Family Residential RM-24 District
         Multiple-Family Residential RM-50 District
         Multiple-Family Residential RM-100 District
      (3)   Neighborhood Commercial Districts:
         Neighborhood Office B-1 District
         General Commercial B-2 District
         Neighborhood Commercial Center B-4 District
      (4)   Freeway Commercial Districts:
         Freeway Office and Service C-1 District
         Freeway Commercial C-2 District
         Freeway Commercial Center C-3 District
         Freeway Office C-4 District
         Freeway Mixed Use C-5 District
         Regional Commercial CR-1 District
      (5)   Industrial Districts:
         Industrial Park I-1 District
         Limited Industry I-2 District
         General Industry I-3 District
         Industrial Park IP District
         Innovation and Technology IT District
         Transitional Industrial TI District
         Freeway Development FD-2 District
      (6)   Mixed Use Districts:
         Mixed Use CX-2 District
         High Intensity Mixed Use With Residential HX-R District
         Lindau Mixed Use LX District
      (7)   Commercial Service Districts:
         Commercial Service CS-0.5 District
         Commercial Service CS-1 District
      (8)   Commercial Office Districts:
         Commercial Office CO-1 District
      (9)   Reserved.
      (10)   Residential Office District:
         Residential Office RO-24 District
      (11)   Conservation SC District.
   (b)   Overlay districts. For the purpose of this code, the city is hereby organized into the following overlay zoning districts:
      (1)   Planned Development PD Overlay District;
      (2)   Flood Hazard FH Overlay District;
      (3)   Bluff Protection BP Overlay District;
      (4)   Reserved;
      (5)   Airport Runway (AR-17) Overlay District; and
      (6)   Airport Runway (AR-22) Overlay District.
   (c)   Rules in establishing zoning districts. The purpose of this section is to establish a framework and uniform rules for location and boundaries of zoning districts established by this chapter.
      (1)   Unless otherwise determined by the City Council the zoning district boundary lines will be established as follows:
         (A)   Zoning districts abutting municipal boundaries must utilize those boundaries;
         (B)   When an existing roadway, alley or railroad right-of-way or centerline is a zoning district boundary line and that right-of-way is vacated or legally discontinued, the zoning district boundary line will remain in place;
         (C)   When a channel centerline of a river, stream or water course is a zoning district boundary line and there is a natural change in the location of the channel centerline, the zoning district boundary will be considered to have moved with the channel centerline;
         (D)   District boundary lines for the Conservation SC, Flood Hazard FH Overlay, and Bluff Protection BP Overlay Districts may also be described as following a specific datum elevation contour above mean sea level between specified reference points. District boundary areas for the Bluff Protection BP Overlay District may also be described as steep slopes of 18% or greater over a horizontal distance of 25 feet or longer; and
         (E)   Where a dimensioned zoning district boundary line coincides approximately but not exactly with a lot line which did not exist on the effective date of incorporation of the zoning district boundary line into the zoning district map, the lot line will be the zoning district boundary line at that location.
         (F)   Ponds, lakes and other submerged areas:
            (i)   When entirely within or enclosed by a primary zoning district, the pond, lake or submerged area will have the same primary zoning unless otherwise described;
            (ii)   When a pond, lake or other submerged area abuts two or more primary zoning districts and is not located entirely within one of them nor described in a separate district, the boundaries of each abutting primary zoning district will be extended in a straight line across the pond, lake or submerged area until intersection with another district boundary; and
            (iii)   Primary zoning district boundaries shown as following the shorelines of any pond, lake, or submerged area will be considered to follow the ordinary high water line and, in event of a natural change in the ordinary high water line, will be considered to have moved with the ordinary high water line.
      (2)   Wherever a direction and distance is given as a zone boundary, it is intended and must be construed to mean a line parallel to the physical feature such as street centerline or right-of-way line last described.
      (3)   Wherever a strip of land is referred to, it is intended and must be construed to mean abutting upon the last described physical feature.
(Ord. 2024-28, passed 11-18-2024)

§ 21.202 ZONING DISTRICT MAP.

   (a)   Zoning district map. The location and boundaries of the primary and overlay zoning districts must be legally described in ordinances adopted by the City Council. Such zoning district descriptions must be reflected in an official zoning district map that is established and maintained as provided herein. In the event of a conflict between an ordinance adopting or amending a zoning district and the zoning district map, the ordinance will control.
   (b)   Zoning district map. The location and boundaries of the primary and overlay zoning districts established by this chapter of the city code will be set forth on the zoning district map of the city in accordance with the ordinances describing those districts, and the zoning district map will be effective as of the date of adoption of these ordinances. The zoning district map and all notations, references and other information shown thereon are hereby made a part of this chapter by reference and will have the same force and effect as if such map and all notations, references and other information shown thereon were fully set forth or described herein. The format of the zoning district map will be determined by the Department of Community Development.
   (c)   Location of zoning district map. The zoning district map will be kept permanently on file in the office of the Department of Community Development of the city and will be available for inspection by the public during normal business hours.
   (d)   Amendments to the zoning district map. Amendments to the zoning districts in this code and zoning district boundaries as shown in the zoning district map must be by ordinance adopted by the City Council in accordance with the procedures set forth in § 21.501.07.
   (e)   Maintenance of zoning district map. The Department of Community Development will be responsible for maintaining and updating the zoning district map. Any amendments to the zoning district map must be recorded on the appropriate map(s) within 30 days of adoption by the City Council.
(Ord. 2024-28, passed 11-18-2024)

§ 21.203 RESIDENTIAL ZONING DISTRICTS.

   (a)   Purpose. It is the purpose of the Residential Zoning Districts to provide areas for various residential housing types at a range of densities and to provide for other necessary and related uses within residential neighborhoods. Residential District provisions are intended to:
      (1)   Provide locations for residential uses, associated accessory uses and compatible institutional uses;
      (2)   Minimize negative impacts from incompatible land uses; and
      (3)   Provide opportunities for a variety of housing types and densities.
   (b)   General standards. Development in all Residential Zoning Districts must comply with the following standards:
      (1)   Site area, site width, density and impervious surface. See § 21.301.01 for applicable standards.
      (2)   Structure placement. See § 21.301.02 for applicable standards.
      (3)   Off-street parking. See § 21.301.06 for applicable standards.
      (4)   Fences. See § 21.301.08 for applicable standards.
      (5)   Structure height. See § 21.301.10 for applicable standards.
      (6)   Accessory buildings and garages. See § 21.301.19 for applicable standards.
      (7)   Occupancy. Single family dwelling units, accessory dwelling units and individual units within multiple family dwellings, townhouses, and two-family dwellings may be occupied by no more than one family as defined in § 21.601.
(Ord. 2015-5, passed 1-26-2015; Ord. 2017-9, passed 5-1-2017; Ord. 2024-28, passed 11-18-2024)

§ 21.203.01 SINGLE-FAMILY RESIDENTIAL (R-1) DISTRICT.

   (a)   Intent. The Single-Family Residential (R-1) District is intended to:
      (1)   Serve as the core zoning district for single-family residential uses;
      (2)   Allow compatible non-single family residential and institutional uses; and
      (3)   Protect natural resources and ensure compatible redevelopment through appropriate development standards.
   (b)   Uses. Uses allowed in the R-1 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(c).
   (c)   Standards. Development in the R-1 District must comply with the standards in § 21.203(b) and the following:
      (1)   Outside storage of a recreational vehicle. See § 21.301.13 for applicable standards and permitting.
      (2)   Additional single-family dwelling standards. See § 21.302.07 for applicable standards.
(Ord. 2015-5, passed 1-26-2015; Ord. 2019-5, passed 1-7-2019; Ord. 2019-50, passed 12-16-2019)

§ 21.203.02 LARGE LOT SINGLE-FAMILY RESIDENTIAL (RS-1) DISTRICT.

   (a)   Intent. The Large Lot Single-Family Residential (RS-1) District is intended to:
      (1)   Provide locations for large lot, low density residential development in areas that have a minimum of two of the following characteristics:
         (A)   Steep slopes as defined in § 21.303.04;
         (B)   Significant natural or native vegetation as determined by the City Forester;
         (C)   Wetlands as defined in Minnesota Rules, Chapter 8420; or
         (D)   Substantially developed as large lots; and
   (b)   Uses. Uses allowed in the RS-1 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(c).
   (c)   Standards. Development in the RS-1 District must comply with the standards in § 21.203(b) and the following:
      (1)   Outside storage of a recreational vehicle. See § 21.301.13 for applicable standards and permitting.
      (2)   Additional single-family dwelling standards. See § 21.302.07 for applicable standards.
      (3)   No additional development is permitted unless public sewer and water services are available.
(Ord. 2015-5, passed 1-26-2015; Ord. 2019-5, passed 1-7-2019; Ord. 2019-50, passed 12-16-2019; Ord. 2023-37, passed 12-18-2023; Ord. 2025-02, passed 2-24-2025)

§ 21.203.03 RESTRICTED LARGE LOT SINGLE-FAMILY RESIDENTIAL (R-1A) DISTRICT.

   (a)   Intent. The Restricted Large Lot Single-Family Residential (R-1A) District is intended to:
      (1)   Set appropriate development standards in areas where public water and sanitary sewer service is not available; and
      (2)   Protect natural resources and ensure compatible redevelopment through appropriate development standards.
   (b)   Uses. Uses allowed in the R-1A District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(c).
   (c)   Standards. Development in the R-1A District must comply with the standards in § 21.203(b) and the following:
      (1)   Outside storage of a recreational vehicle. See § 21.301.13 for applicable standards and permitting.
      (2)   Additional single-family dwelling standards. See § 21.302.07 for applicable standards.
      (3)   No additional development is permitted unless public sewer and water services are available.
(Ord. 2015-5, passed 1-26-2015; Ord. 2019-5, passed 1-7-2019; Ord. 2019-50, passed 12-16-2019; Ord. 2023-37, passed 12-18-2023)

§ 21.203.04 TOWNHOUSE RESIDENTIAL (R-3) DISTRICT.

   (a)   Intent. The Townhouse Residential (R-3) District is intended to provide appropriate development standards for predominantly townhouse and rowhouse style development.
   (b)   Uses. Uses allowed in the R-3 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(c).
   (c)   Standards. Townhouse development in the R-3 District must comply with the standards in § 21.203(b) and the following:
      (1)   Townhouse standards. See § 21.302.08 for applicable standards.
(Ord. 2015-5, passed 1-26-2015; Ord. 2019-5, passed 1-7-2019)

§ 21.203.05 MULTIPLE-FAMILY RESIDENTIAL (R-4) DISTRICT.

   (a)   Intent. The Multiple-Family Residential (R-4) District is intended to provide appropriate redevelopment standards in areas already developed as predominantly multiple-family residential uses.
   (b)   Uses. Uses allowed in the R-4 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(c).
   (c)   Standards. Development in the R-4 District must comply with the standards in § 21.203(b) and the following:
      (1)   Multiple-dwelling design and performance standards. See § 21.302.09 for applicable standards.
      (2)   Townhouse standards. See § 21.302.08 for applicable standards.
(Ord. 2015-5, passed 1-26-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2019-5, passed 1-7-2019)

§ 21.203.06 MULTIPLE-FAMILY RESIDENTIAL (RM-12) DISTRICT.

   (a)   Intent. The Multiple-Family Residential (RM-12) District is intended to provide appropriate development standards for multiple-family residential uses with access to arterial and collector streets.
   (b)   Uses. Uses allowed in the RM-12 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(c).
   (c)   Standards. Development in the RM-12 District must comply with the standards in § 21.203(b) and the following:
      (1)   Minimum usable open space per dwelling unit: 600 square feet.
         (A)   Balconies and porches directly accessible from individual dwelling units count toward the usable open space requirement. Balconies and porches of at least 50 square feet in area with a minimum width and length of five feet are eligible for a usable open space bonus as described in the following table.
 
Porch or Balcony Area
Counts as Usable Open Space of:
First 50 square feet
150 square feet
Each additional one square foot up to a maximum of 50% of the usable open space requirement
2.5 square feet
 
      (2)   Multiple-dwelling design and performance standards. See § 21.302.09 for applicable standards.
      (3)   Townhouse standards. See § 21.302.08 for applicable standards.
(Ord. 2015-5, passed 1-26-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2019-5, passed 1-7-2019)

§ 21.203.07 MULTIPLE-FAMILY RESIDENTIAL (RM-24) DISTRICT.

   (a)   Intent. The Multiple-Family Residential (RM-24) District is intended to provide appropriate development standards for multiple-family residential uses with access to arterial or collector streets in proximity to neighborhood commercial uses and public open space.
   (b)   Uses. Uses allowed in the RM-24 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(c).
   (c)   Standards. Development in the RM-24 District must comply with the standards in § 21.203(b) and the following:
      (1)   Minimum usable open space per dwelling unit: 600 square feet.
         (A)   Balconies and porches directly accessible from individual dwelling units count toward the usable open space requirement. Balconies and porches of at least 50 square feet in area with a minimum width and length of five feet are eligible for a usable open space bonus as described in the following table.
 
Porch or Balcony Area
Usable Open Space Bonus
First 50 square feet
150 square feet
Each additional one square foot (up to a maximum of 75% of the usable open space requirement)
2.5 square feet
 
      (2)   Multiple-dwelling design and performance standards. See § 21.302.09 for applicable standards.
      (3)   Townhouse standards. See § 21.302.08 for applicable standards.
(Ord. 2015-5, passed 1-26-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2019-5, passed 1-7-2019)

§ 21.203.08 MULTIPLE-FAMILY RESIDENTIAL (RM-50) DISTRICT.

   (a)   Intent. The Multiple-Family Residential (RM-50) District is intended to:
      (1)   Provide appropriate development standards for multiple-family residential uses with direct access to arterial or collector streets in proximity to areas of employment and well served by mass transit and public open space; and
      (2)   Allow the incorporation of certain commercial and personal service activities, which are clearly subordinate to and integrated with the principal residential use.
   (b)   Uses. Uses allowed in the RM-50 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(c).
   (c)   Standards. Development in the RM-50 District must comply with the standards in § 21.203(b) and the following:
      (1)   Minimum usable open space per dwelling unit: 300 square feet.
         (A)   Rooftop decks of 400 square feet or more in area that are open to all building tenants may count as usable open space up to a maximum of 50% of the usable open space requirement.
         (B)   Balconies and porches directly accessible from individual dwelling units count toward the usable open space requirement. Balconies and porches of at least 50 square feet in area with a minimum width and length of five feet are eligible for a usable open space bonus as described in the following table.
 
Porch or Balcony Area
Usable Open Space Bonus
First 50 square feet
150 square feet
Each additional one square foot (up to a maximum of 100% of the usable open space requirement)
2.5 square feet
 
      (2)   Floor area of nonresidential uses must not exceed 20% of the floor area of residential uses in any development.
      (3)   Multiple-dwelling design and performance standards. See § 21.302.09 for applicable standards.
(Ord. 2015-5, passed 1-26-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2019-5, passed 1-7-2019)

§ 21.203.09 MULTIPLE-FAMILY RESIDENTIAL (RM-100) DISTRICT.

   (a)   Intent. The Multiple-Family Residential (RM-100) District is intended to:
      (1)   Provide appropriate development standards for multiple-family residential uses with direct access to arterial or collector streets in proximity to areas of employment, supportive commercial and retail services and well served by mass transit and public open space; and
      (2)   Allow the incorporation of certain commercial and personal service activities, which are clearly subordinate to and integrated with the principal residential use.
   (b)   Uses. Uses allowed in the RM-100 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(c).
   (c)   Standards. Development in the RM-100 District must comply with the standards in § 21.203(b) and the following:
      (1)   Minimum usable open space per dwelling unit: 300 square feet.
         (A)   Rooftop decks of 400 square feet or more in area that are open to all building tenants may count as usable open space up to a maximum of 50% of the usable open space requirement.
         (B)   Balconies and porches directly accessible from individual dwelling units count toward the usable open space requirement. Balconies and porches of at least 50 square feet in area with a minimum width and length of five feet are eligible for a usable open space bonus as described in the following table.
 
Porch or Balcony Area
Usable Open Space Bonus
First 50 square feet
150 square feet
Each additional one square foot (up to a maximum of 100% of the open space requirement)
2.5 square feet
 
      (2)   Floor area of nonresidential uses must not exceed 20% of the floor area of residential uses in any development.
      (3)   Multiple-dwelling design and performance standards. See § 21.302.09 for applicable standards.
      (4)   Parking lot (RM-100). Off-street parking for multiple-family developments in the RM-100 zoning district must not be located between a building and a public street unless:
         (A)   Parking is located entirely below grade; or
         (B)   The site received an exemption for sites with multiple street frontages in accordance with § 21.203.09(d)
   (d)   Exemptions for sites with multiple street frontages. While it is the intent of the multiple-family zoning district RM-100 to have buildings close to the street with parking to the side, rear, or entirely below grade, that arrangement may not be possible for each street frontage on sites which front on two or more public streets, or along a transitway. When a site fronts on multiple public streets in a corner or through-lot configuration, the City Council may exempt through the planned development process all but one of the street frontages from complying with the RM-100 building or parking requirements provided the City Council determines that:
      (A)   The site cannot reasonably comply with the zoning district structure and parking placement requirements for all street frontages;
      (B)   The proposed structure and parking configuration will meet the purpose and intent of the zoning district;
      (C)   The proposed structure and parking configuration will complement the character of existing or planned development in area;
      (D)   The proposed structure and parking configuration will facilitate pedestrian and bicycle access;
      (E)   The proposed structure and parking configuration will place vehicle access points in optimal locations; and
      (F)   The proposed structure and parking configuration will be compatible with natural features, surrounding development, redevelopment plans, and traffic volumes.
(Ord. 2015-5, passed 1-26-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2019-5, passed 1-7-2019)

§ 21.203.10 RESIDENTIAL OFFICE (RO-24) DISTRICT.

   (a)   Intent. It is the purpose of this district to provide for a mix of uses appropriate to a high-density residential environment. It is intended that this district provide an arrangement of land uses which incorporates office and commercial activities which are interrelated to the principal residential use. This district is to be applied only to areas with direct access to arterial or collector streets in proximity to high-intensity employment areas and adjacent to public open space.
      While special attention to design is needed to blend multiple uses on an individual site, the unique character of sites suitable for this district will provide convenience and amenities not immediately available in most neighborhoods.
   (b)   Permitted principal uses.
      (1)   Multi-family dwellings;
      (2)   Public uses;
      (3)   Transit stations;
      (4)   Accessory uses customarily incidental and clearly subordinate to permitted principal uses;
      (5)   Entertainment and recreation special events;
      (6)   Farmers market subject to standards set forth in Chapter 14, Article IX;
      (7)   Arts and crafts festival subject to standards set forth in Chapter 14, Article X;
      (8)   Mobile food units pursuant to standards set forth in Chapter 14, Article V and § 21.302.18; and
      (9)   Public utility facility, general.
   (c)   Provisional uses. If the following uses are within a building devoted to a permitted principal or conditional use and if the total area of all provisional uses does not exceed 10% of the building area of the principal or conditional use, they are permitted in the RO Districts:
      (1)   Retail stores for the sale of arts and crafts, gifts, flowers, plants, groceries, bakery goods, produce, dairy products, drugs, sundry items, books, newspapers, magazines and apparel;
      (2)   Personal-service establishments including barber and beauty shops, exercise and health activities, dry-cleaning drop-off and pick-up stations, laundering, repair services incidental to retail stores and similar personal services;
      (3)   Athletic and recreation facilities, separate from those provided for residents;
      (4)   Nurseries, kindergartens and day care centers;
      (5)   Restaurants without drive-up facilities, provided their access for customers and service is separate from access for residential uses;
      (6)   Offices within a multi-family residential building; and
      (7)   Type I home businesses pursuant to standards as set forth in § 21.302.13.
   (d)   Conditional uses.
      (1)   Offices within a multi-family residential building, not to exceed 30% of the building area of the multi-family residential use;
      (2)   Freestanding offices in lieu of a permitted principal use;
      (3)   Product design, development, and testing;
      (4)   Public utility facility, limited;
      (5)   Towers. For related provisions see §§ 15.14, 21.302.37 and 21.301.10;
      (6)   Type II home businesses pursuant to standards as set forth in § 21.302.13; and
      (7)   Manufactured home parks pursuant to standards as set forth in § 21.302.10.
   (e)   Interim uses.
      (1)   Temporary Pandemic, Epidemic, or Emergency Service Facility.
   (f)   Minimum and maximum gross density. The maximum density will be 24 dwelling units per acre.
   (g)   Dimensional requirements.
Minimum lot area
80,000 square feet
Minimum lot width
200 feet
Minimum setback, front
60 feet from arterial or collector streets, 40 feet from local streets
Minimum setback, side
10 feet plus 0.25 foot for each one foot of structure height in excess of 20 feet
Minimum setback, rear:
Same as side setback, but in no instance less than 30 feet
Maximum structure height:
As regulated by § 21.301.10
Maximum structure lot coverage:
30%
Maximum structure floor area ratio
0.30 for nonresidential uses in the RO-24 District, except as these standards may be modified by the provisions of subsection (h) below
Minimum usable open space for dwelling unit
400 square feet
 
   (h)   Special provisions.
      (1)   Reserved.
      (2)   The provision of private balconies and porches directly accessible by individual dwelling units creates usable open space more beneficial to the residents of multi-family dwelling units than open space situated away from their units. Such balconies and porches will be counted as contributing to the usable open space requirement according to the following bonuses. The minimum area and width for a balcony or porch to qualify for a bonus is 80 square feet of area and eight feet of width.
 
Balcony or Porch Area
Counts as Usable Open Space of
First 80 square feet
200 square feet
Each additional one square foot to 180 square feet
2.0 square feet
 
      (3)   Reserved.
      (4)   Reserved.
      (5)   Reserved.
      (6)   Exterior materials: the exterior materials and finish of all buildings erected on lands within Residential Office RO-24 Zoning District will be in conformance with the applicable requirements of § 21.301.24.
      (7)   In the RO-24 District, the maximum structure floor area ratio for nonresidential uses may be increased to 0.50 FAR when the majority of the parking is located in the building or within a multi-level structure.
   (i)   Sign regulations. Refer to Chapter 21, Article III, Division D, the sign code.
(Ord. 2024-28, passed 11-18-2024)

§ 21.204 NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS.

   (a)   Purpose. It is the purpose of the Neighborhood Commercial Zoning Districts to provide for neighborhood scale uses primarily oriented to and attracting trips from the surrounding neighborhoods. Neighborhood Commercial District provisions are intended to:
      (1)   Accommodate market demand for uses typically needed by the surrounding community;
      (2)   Restrict uses not intended to serve a neighborhood or a small group of neighborhoods;
      (3)   Provide convenient pedestrian access within the district and to and from the surrounding neighborhoods, minimizing conflicts within the district between pedestrians and vehicles; and
      (4)   Protect and promote a sense of community where people may gather, shop, live and work with their neighbors.
(Ord. 2006-35, passed 9-11-2006)

§ 21.204.01 NEIGHBORHOOD OFFICE (B-1) DISTRICT.

   (a)   Intent. The Neighborhood Office (B-1) District is designed to provide opportunities for low intensity office uses compatible with nearby residential neighborhoods. The B-1 District provisions are intended to:
      (1)   Ensure development is compatible with adjacent neighborhoods;
      (2)   Provide a transition between commercial and residential uses; and
      (3)   Prohibit uses incompatible with nearby residential neighborhoods.
   (b)   Uses. Uses allowed in the B-1 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(d).
   (c)   Standards. Development in the B-1 District must comply with the following standards.
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area. See § 21.301.01 for applicable standards.
      (2)   Structure placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
(Ord. 2006-35, passed 9-11-2006; Ord. 2009-1, passed 1-26-2009; Ord. 2010-29, passed 11-1-2010; Ord. 2019-5, passed 1-7-2019)

§ 21.204.02 GENERAL COMMERCIAL (B-2) DISTRICT.

   (a)   Intent. The General Commercial (B-2) District is designed to provide for a wide variety of retail and other commercial uses essential to support surrounding neighborhoods. The B-2 District provisions are intended to:
      (1)   Ensure that locations distributed throughout the city are available for needed retail and commercial uses, including auto-oriented uses; and
      (2)   Provide flexible building and parking placement standards to serve a variety of use types and parcel sizes.
   (b)   Uses. Uses allowed in the B-2 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(d).
   (c)   Standards. Development in the B-2 District must comply with the following standards.
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area. See § 21.301.01 for applicable standards.
      (2)   Structure placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
      (4)   Retail floor area restrictions. To ensure that retail uses in the B-2 District are not regionally oriented, single tenant retail buildings or individual retail tenant spaces must not exceed 80,000 square feet in total floor area.
(Ord. 2006-35, passed 9-11-2006; Ord. 2010-29, passed 11-1-2010; Ord. 2019-5, passed 1-7-2019)

§ 21.204.03 NEIGHBORHOOD COMMERCIAL CENTER (B-4) DISTRICT.

   (a)   Intent. The Neighborhood Commercial Center (B-4) District is designed to provide for neighborhood scale commercial and residential mixed uses configured in a pedestrian friendly manner. The B-4 District provisions are intended to:
      (1)   Promote an attractive streetscape through building placement and design;
      (2)   Restrict incompatible uses including gas stations, auto repair and car washes;
      (3)   Ensure development is easily accessible by foot or bicycle;
      (4)   Reduce the visual impact of parked vehicles by requiring the placement of vehicle parking areas to the side or rear of buildings;
      (5)   Create opportunities for residential uses when mixed with commercial uses; and
      (6)   Promote a balance of retail, service, dining, medical office and residential uses which serve and complement surrounding neighborhoods.
   (b)   Uses. Uses allowed in the B-4 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(d).
   (c)   Standards. Development in the B-4 District must comply with the following standards.
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area. See § 21.301.01 for applicable standards.
      (2)   Structure and parking placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
      (4)   Retail floor area restrictions. To ensure that retail uses in the B-4 District are not regionally oriented, single tenant retail buildings or individual retail tenant spaces must not exceed 80,000 square feet in total floor area.
      (5)   Structure design. See § 21.301.03 for applicable standards.
(Ord. 2006-35, passed 9-11-2006; Ord. 2009-25, passed 8-24-2009; Ord. 2010-29, passed 11-1-2010; Ord. 2015-3 , passed 1-26-2015; Ord. 2019-5, passed 1-7-2019)

§ 21.205 FREEWAY COMMERCIAL ZONING DISTRICTS.

   (a)   Purpose. It is the purpose of the Freeway Commercial Zoning Districts to provide areas near freeway corridors and interchanges for medium to large-scale development oriented to the wider community and region. Freeway Commercial District provisions are intended to:
      (1)   Accommodate market demand for regionally and community oriented land uses;
      (2)   Provide space for commercial uses that may be incompatible with residential uses or other less intensive types of land uses;
      (3)   Maximize tax base opportunities for the community;
      (4)   Accommodate development intensities that can support high quality, frequent transit service;
      (5)   Provide a buffer between freeways and low density residential areas;
      (6)   Avoid the underutilization of land along the freeway corridor; and
      (7)   Encourage a citywide balance of land use types.
(Ord. 2006-35, passed 9-11-2006)

§ 21.205.01 FREEWAY OFFICE AND SERVICE (C-1) DISTRICT.

   (a)   Intent. The Freeway Office and Service (C-1) District is designed to provide for a variety of non-retail uses that benefit from exposure and/or proximity to freeway corridors and interchanges. The C-1 District provisions are intended to:
      (1)   Avoid the underutilization of land; and
      (2)   Accommodate market demand for uses in a manner compatible with the city’s future vision for its freeway corridor.
   (b)   Uses. Uses allowed in the C-1 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(d).
   (c)   Standards. Development in the C-1 District must comply with the following standards.
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area. See § 21.301.01 for applicable standards.
      (2)   Structure placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
(Ord. 2006-35, passed 9-11-2006; Ord. 2010-29, passed 11-1-2010; Ord. 2019-5, passed 1-7-2019)

§ 21.205.02 FREEWAY COMMERCIAL (C-2) DISTRICT.

   (a)   Intent. The Freeway Commercial (C-2) District is designed to provide for a wide variety of regional scale retail and commercial uses near freeway corridors and interchanges. The C-2 District is intended to:
      (1)   Designate locations within the city suitable for regionally oriented retail and service uses;
      (2)   Provide flexible building and parking placement standards to serve a variety of use types and parcel sizes; and
      (3)   Allow the integration of residential uses.
   (b)   Uses. Uses allowed in the C-2 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(d).
   (c)   Standards. Development in the C-2 District must comply with the following standards.
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area. See § 21.301.01 for applicable standards.
      (2)   Structure placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
(Ord. 2006-35, passed 9-11-2006; Ord. 2010-29, passed 11-1-2010; Ord. 2019-5, passed 1-7-2019)

§ 21.205.03 FREEWAY COMMERCIAL CENTER (C-3) DISTRICT.

   (a)   Intent. The Freeway Commercial Center (C-3) District is designed to provide opportunities for high intensity retail and mixed uses in high profile locations near freeway corridors and interchanges that have high quality accessibility and transit service potential. The C-3 District is intended to:
      (1)   Allow significant retail-oriented development intensity in key locations;
      (2)   Allow the integration of residential uses; and
      (3)   Avoid the underutilization of land.
   (b)   Uses. Uses allowed in the C-3 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(d).
   (c)   Standards. Development in the C-3 District must comply with the following standards.
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area. See § 21.301.01 for applicable standards.
      (2)   Structure placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. To promote intensity in the C-3 District, at least 60% of building footprint area on a site must rise to at least two stories or 25 feet in height. Structures in the C-3 District must meet the height limitations of § 21.301.10.
      (4)   Drive-throughs. In addition to requirements of § 21.301.05, drive-through windows and stacking lanes in the C-3 District must:
         (A)   Not be located between a building and a street;
         (B)   Not exceed one lane per business;
         (C)   Be located in a manner that discourages pedestrian crossing of stacking lanes; and
         (D)   Be screened from public and private streets, sidewalks, adjacent outdoor dining spaces, parks and public open spaces.
(Ord. 2006-35, passed 9-11-2006; Ord. 2010-29, passed 11-1-2010; Ord. 2015-3, passed 1-26-2015; Ord. 2019-5, passed 1-7-2019)

§ 21.205.04 FREEWAY OFFICE (C-4) DISTRICT.

   (a)   Intent. The Freeway Office (C-4) District is designed to provide for regionally oriented office and hotel uses as well as supporting accessory uses. The C-4 District is intended to:
      (1)   Ensure that commercial uses with incompatible characteristics will not impede or disrupt the establishment of a cohesive grouping of office and office compatible uses;
      (2)   Require appropriate levels of development intensity;
      (3)   Promote hospitality uses; and
      (4)   Allow integration of residential uses.
   (b)   Uses. Uses allowed in the C-4 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(d).
   (c)   Standards. Development in the C-4 District must comply with the following standards.
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area. See § 21.301.01 for applicable standards.
      (2)   Structure placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
(Ord. 2006-35, passed 9-11-2006; Ord. 2010-29, passed 11-1-2010; Ord. 2019-5, passed 1-7-2019)

§ 21.205.05 FREEWAY MIXED USE (C-5) DISTRICT.

   (a)   Intent. The Freeway Mixed Use (C-5) District is designed to provide for high intensity mixed residential and commercial land uses in locations where excellent, accessible transit service is anticipated to be available. The C-5 District is intended to:
      (1)   Encourage the incorporation of high-density residential uses;
      (2)   Promote an attractive streetscape through building placement and design;
      (3)   Restrict incompatible uses including gas stations, auto repair and car washes; and
      (4)   Reduce the visual impact of parked vehicles by requiring the placement of vehicle parking areas to the side or rear of buildings.
   (b)   Uses. Uses allowed in the C-5 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(d).
   (c)   Standards. Development in the C-5 District must comply with the standards in §§ 21.301.01, 21.301.02, 21.301.03, 21.301.10 and the following.
      (1)   Residential uses encouraged. To promote the inclusion of residential uses within the C-5 District, the following incentives are available to development that includes residential uses.
         (A)   Floor area ratio bonus. Sites with a residential density of at least ten dwelling units per acre may increase the maximum allowed floor area ratio by 2% for each unit per acre of residential density up to a maximum floor area ratio bonus of 40%. For example, a site with a residential density of ten units per acre would receive a 20% floor area ratio bonus, a site with a residential density of 15 units per acre would receive a 30% floor area ratio bonus and a site with a residential density of 20 dwelling units per acre would receive a 40% floor area ratio bonus.
         (B)   Minimum floor area ratio reduction. For sites in the C-5 District with at least one-half of the total gross floor area on site devoted to residential use, the minimum required floor area ratio is reduced to 0.75.
         (C)   Height bonus. Residential structures in the C-5 District may be constructed above the maximum height allowed in § 21.301.10 of this code as follows. A height bonus of one foot is allowed per residential dwelling unit up to a maximum height bonus of 45 feet.
         (D)   Parking reduction. The requirements for number of parking spaces for residential uses in the C-5 District are 95% of the requirements in § 21.301.06 of this code.
(Ord. 2006-35, passed 9-11-2006; Ord. 2006-54, passed 12-18-2006; Ord. 2007-48, passed 12-17-2007; Ord. 2010-29, passed 11-1-2010; Ord. 2015-3, passed 1-26-2015; Ord. 2019-5, passed 1-7-2019)

§ 21.205.06 REGIONAL COMMERCIAL (CR-1) DISTRICTS.

   (a)   Intent. This district is intended to provide for the development of regional and community scale integrated retail, office, business services, personal services and services to the traveling public near freeway interchanges. The provisions of this district are intended to:
      (1)   Promote and properly manage high-intensity development;
      (2)   Allow for the provision of other services related to principal uses;
      (3)   Promote an integrated site and building design framework;
      (4)   To avoid traffic hazard and congestion by careful location of accesses to public streets;
      (5)   Protect future roadway improvements; and
      (6)   Create a visual identity for the district while allowing reasonable identity for individual uses in scale with the size of use.
   (b)   Permitted principal uses.
      (1)   Retail shopping uses;
      (2)   Office buildings;
      (3)   Banks and financial institutions;
      (4)   Medical and dental offices;
      (5)   Theaters and cinemas, except drive-in theaters;
      (6)   Hotels and motels;
      (7)   Public uses;
      (8)   Automobile rental agencies with an on-site inventory of ten or fewer rental vehicles, subject to performance standards set forth in § 21.302.38;
      (9)   Transient merchant sales as an accessory use in hotel interiors only;
      (10)   Entertainment and recreation special events;
      (11)   Firearm sales, incidental, subject to standards set forth in § 21.302.11;
      (12)   Farmers market subject to standards set forth in Chapter 14, Article IX;
      (13)   Arts and crafts festival subject to standards set forth in Chapter 14, Article X;
      (14)   Restaurant without drive through and rooftop seating;
      (15)   Mobile food units pursuant to standards set forth in Chapter 14, Article V and § 21.302.18;
      (16)   Public utility facility, general;
      (17)   Brewpub;
      (18)   Taproom/cocktail room;
      (19)   Craft and micro-brewery/distillery/winery; and
      (20)   Multiple-family dwelling subject to standards set forth in § 21.302.02.
   (c)   Provisional uses. The uses described below are permitted uses, provided that:
      (1)   The following uses are located in a structure containing a permitted principle use, or are located in a structure meeting the minimum floor area requirement of the CR-1 District:
         (A)   Catering businesses, major and minor;
         (B)   Personal service establishments, including licensed therapeutic massage enterprises, beauty and barber shops, exercise and health facilities, dry cleaning drop-off and pick-up stations, laundering, repair of household items and similar personal services;
         (C)   Business services, including copying and printing businesses and similar services;
         (D)   Commercial recreation facilities;
         (E)   Licensed day care facilities;
         (F)   Instructional center; and
         (G)   Licensed body art establishments.
      (2)   The following uses are adjacent to and integrated by means of orientation, parking, pedestrian and vehicular circulation, access and design with a permitted principal use:
         (A)   Class I motor vehicle sales;
         (B)   Convenience facility with fuel sales; and
         (C)   Automobile repair businesses.
      (3)   Accessory uses which are customarily incidental and are clearly subordinate to permitted principal uses;
      (4)   Class II motor vehicle sales accessory to Class I motor vehicle sales;
      (5)   Repair of motor vehicles accessory to Class I motor vehicle sales;
      (6)   Vehicle rental accessory to Class I motor vehicle sales subject to the regulations set forth in § 21.302.38(e);
      (7)   Beekeeping; and
      (8)   Hotel manager dwelling unit which is customarily incidental and clearly subordinate to the permitted principal use of a hotel.
   (d)   Conditional uses.
      (1)   New motor vehicle sales;
      (2)   Restaurants with drive through (including drive-in) or rooftop seating;
      (3)   Reserved;
      (4)   Public utility facility, limited;
      (5)   Hotel airport parking;
      (6)   Towers. For related provisions see §§ 15.14, 21.302.37 and 21.301.10;
      (7)   Automobile rental agencies with an on-site inventory more than ten but no more than 35 rental vehicles, subject to performance standards set forth in § 21.302.38;
      (8)   Vehicle rental accessory to Class I motor vehicle sales subject to the regulations set forth in § 21.302.38(e);
      (9)   Reserved; and
      (10)   Major commercial golf facility.
   (e)   Interim uses.
      (1)   Temporary Pandemic, Epidemic, or Emergency Service Facility.
   (f)   Minimum floor area requirements. The minimum floor area of any building within the CR-1 District must be 6,000 square feet for restaurants and 20,000 square feet for all other uses, except that there is no minimum floor area where the proposed use is listed as a provisional use in subsection (c)(2) above.
   (g)   Maximum floor area ratio. The maximum floor area ratio within the CR-1 District must be one square foot of gross floor area for each one square foot of net lot area.
   (h)   Dimensional requirements.
Minimum district area
10 acres
Minimum lot size
2 acres
Minimum lot width
120 feet
Setback requirements
 
   Front yard
65 feet
   Side yard
25 feet
   Rear yard
25 feet
   Side or rear adjacent to a public street
65 feet
Maximum structure lot coverage
30%
 
   (i)   Special provisions.
      (1)   Reserved.
      (2)   The City Council may waive the minimum lot size required for any use, provided that the use and building is integrated, or, where adjacent property is undeveloped may be shown to be reasonably integrated, by means of orientation, parking, access, circulation and design with other adjacent conforming development in the CR-1 District.
      (3)   Reserved.
      (4)   A parking structure or the portion of any structure used for parking will not be counted as building floor area or structure coverage for the purpose of calculating building floor area and percentage of site coverage by structures.
      (5)   No loading docks may be on any street frontage or facing a residential district, unless completely screened by a wall constructed of materials equivalent to that of the structure.
      (6)   Exterior materials. The exterior materials and finish of all buildings erected on lands within Regional Commercial CR-1 Zoning Districts must be in conformance with the applicable requirements of § 21.301.24.
      (7)   All refuse storage must comply with the requirements of § 21.301.17.
      (8)   In instances where second-level pedestrian connections are made across public streets or to adjacent properties, setbacks may be reduced to 20 feet for a width not to exceed 100 feet.
      (9)   Reserved.
      (10)   Structure height will be regulated pursuant to § 21.301.10.
      (11)   Reserved.
   (j)   Sign regulations. Refer to Chapter 21, Article III, Division D, the sign code.
(Ord. 2024-28, passed 11-18-2024; Ord. 2025-50, passed 11-17-2025)

§ 21.205.07 COMMERCIAL SERVICE (CS-0.5 AND CS-1) DISTRICTS.

   (a)   Intent. These districts are intended to provide for the development of service use near freeway interchanges or in proximity to intense land uses where the development of support services is appropriate. Provision of food, lodging, automotive service, motor vehicle fuel and other goods and services is the principal use within this district; however, other uses which are interrelated to these uses are appropriate in these districts. The provisions of these districts are intended to allow for the convenient provision of services without creating unreasonable traffic congestion and hazards in areas of high volume traffic movement.
   (b)   Permitted principal uses.
      (1)   Hotels;
      (2)   Offices;
      (3)   Cinema and theaters;
      (4)   Transit stations;
      (5)   Public uses;
      (6)   The following accessory uses:
         (i)   Uses customarily incidental and clearly subordinate to permitted principal uses.
         (ii)   Beekeeping.
         (iii)   Retail sales of computers when accessory to a computer training facility in the CS-0.5 District.
      (7)   Transient merchant sales as an accessory use in hotel interiors only;
      (8)   Entertainment and recreation special events;
      (9)   Farmers market subject to standards set forth in Chapter 14, Article IX;
      (10)   Arts and crafts festival subject to standards set forth Chapter 14, Article X;
      (11)   Restaurants without drive through and rooftop seating;
      (12)   Mobile food units pursuant to standards set forth in Chapter 14, Article V and § 21.302.18;
      (13)   Public utility facility, general;
      (14)   Multi-family dwellings, provided they are developed in accordance with the provisions of the RO-24 District;
      (15)   Parking structures as principal uses when included in a planned development;
      (16)   Post-secondary educational institutions;
      (17)   Brewpub;
      (18)   Taproom/cocktail room;
      (19)   Craft and micro-brewery/distillery/winery; and
      (20)   Health club in CS-1 District.
   (c)   Provisional uses. If the following uses are developed as a related element to a development primarily devoted to a principal use, they are permitted within the CS Districts:
      (1)   Retail stores for the sale of arts and crafts, gifts, flowers, plants, groceries, bakery goods, produce, dairy products, drugs, sundry items, books, newspapers, magazines, apparel and similar retail stores;
      (2)   Personal-service establishments including licensed therapeutic massage enterprises, barber and beauty shops, exercise and health activities, dry-cleaning drop-off and pick-up stations, laundering, repair services incidental to retail stores, and similar personal services;
      (3)   Financial institutions;
      (4)   Athletic and recreational facilities;
      (5)   Automotive service facilities;
      (6)   Catering businesses, major and minor;
      (7)   Class II motor vehicle sales accessory to Class I motor vehicle sales;
      (8)   Repair of motor vehicles accessory to Class I motor vehicle sales;
      (9)   Type I home businesses pursuant to standards as set forth in § 21.302.13; and
      (10)   Hotel manager dwelling unit.
   (d)   Conditional uses.
      (1)   Reserved;
      (2)   Public utility facility, limited;
      (3)   Hotel airport parking;
      (4)   Uses requiring a maximum floor area ratio of above 1.0 within the CS-1 District and above one-half within the CS-0.5 District, subject to the provisions of subsection (i) below;
      (5)   Class I motor vehicle sales in the CS-0.5 District, when part of a planned development, pursuant to § 21.208.03;
      (6)   Vehicle rental accessory to Class I motor vehicle sales subject to the regulations set forth in § 21.302.38(e);
      (7)   Reserved;
      (8)   Reserved;
      (9)   Reserved;
      (10)   Restaurants with drive through (including drive-in) or with rooftop seating;
      (11)   Reserved;
      (12)   Manufacturing and warehousing in the CS-0.5 District;
      (13)   Reserved;
      (14)   Reserved;
      (15)   Reserved;
      (16)   Towers. For related provisions see §§ 15.14, 21.302.37 and 21.301.10;
      (17)   Reserved;
      (18)   Secondary educational institutions (Grade 6-12);
      (19)   Type II home businesses pursuant to standards as set forth in § 21.302.13;
      (20)   Manufactured home parks pursuant to standards as set forth in § 21.302.10; and
      (21)   Major commercial golf facility; and
      (22)   Cannabis manufacturing in the CS-0.5 District.
   (e)   Interim uses.
      (1)   Car rental businesses in the CS-1 District, including storage of rental cars provided that such parking does not occupy space otherwise required by ordinance for other uses on the same site;
      (2)   Parking for an off-site use or as a primary use;
      (3)   Retail or wholesale use (not to include outdoor storage) of an existing structure, provided that:
         (A)   The site has approved plans in place for redevelopment to a use allowed under the Comprehensive Plan and zoning ordinance;
         (B)   The applicant has documented that the site owner is actively working toward redevelopment of the site as approved;
         (C)   Redevelopment of the site as approved is not likely to occur within the period of the interim use permit;
         (D)   The use will be compatible with the structure, site and area in which it will be located;
         (E)   The use will not create a nuisance for adjacent uses or the public;
         (F)   The use will not negatively impact public infrastructure;
         (G)   The use will require only minor alterations to the existing structure; and
         (H)   The cost of alterations to the existing structure is commensurate with an interim use.
      (4)   Temporary Pandemic, Epidemic, or Emergency Service Facility; and
      (5)   Reserved.
   (f)   Maximum floor area ratio. The maximum floor area ratio within the CS-1 District must be one square foot of floor area for each one square foot of lot area and the maximum floor area ratio within the CS-0.5 District must be one-half square foot of floor area for each one square foot of lot area, except as these standards may be modified by the provisions of subsection (i) below.
   (g)   Dimensional requirements.
Minimum lot area
120,000 square feet
Minimum lot width
200 feet
Minimum setback, front
60 feet
Minimum setback, side
20 feet plus 0.25 feet for each one foot of structure height in excess of 60 feet
Minimum setback, rear
Same as side setback, but in no instance less than 30 feet
Maximum structure height
As regulated by § 21.301.10
Maximum structure lot coverage
30%
Maximum structure floor area ratio
CS-1 = 1.0 FAR, CS-0.5 = 0.5 FAR
 
   (h)   Reserved.
   (i)   Special provisions.
      (1)   Reserved.
      (2)   The maximum floor area ratio in the CS-1 District may be increased to one and one-half square feet of floor area and in the CS-0.5 District to three-fourths square feet of floor area for each one square foot of lot area and maximum building coverage may be increased to 40% of lot area provided that peak period project trip generation is equal or less than trip generation from the same type of use with a 1.0 floor area ratio in the CS-1 District and 0.5 floor area ratio in the CS-0.5 District. A Tier I TDM Program in accordance with the requirements of § 21.301.09 and a development agreement is required for all uses exceeding the maximum floor area ratio in subsection (f) above.
      (3)   The minimum floor area for structures in the CS Districts must be 6,000 square feet for freestanding restaurants and 20,000 square feet for all other uses.
      (4)   In instances in which second-level pedestrian connections are made across public streets or to adjacent properties, setbacks may be reduced to zero feet for a width of 120 feet.
      (5)   Exterior materials: the exterior materials and finish of all buildings erected on lands within Commercial Service CS-0.5 and CS-1 Zoning Districts must be in conformance with the applicable requirements of § 21.301.24.
   (j)   Sign regulations. Refer to Chapter 21, Article III, Division D, the sign code.
(Ord. 2024-28, passed 11-18-2024; Ord. 2025-15, passed 6-30-2025; Ord. 2025-50, passed 11-17-2025)

§ 21.205.08 COMMERCIAL OFFICE (CO-1) DISTRICT.

   (a)   Intent. The Commercial Office District is intended to provide areas where offices, compatible office-like businesses and high-density residential uses may be developed with the assurance that commercial uses with incompatible characteristics will not impede or disrupt the establishment of an attractive and cohesive grouping of mixed yet interrelated uses. This district is to be applied only in areas adjacent to arterial or collector streets. Residential uses within this district is appropriate provided they are subsidiary to office uses on the site.
   (b)   Permitted principal uses.
      (1)   Offices;
      (2)   Public uses;
      (3)   Transit stations;
      (4)   The following accessory uses:
         (i)   Uses customarily incidental and clearly subordinate to permitted principal uses.
         (ii)   Beekeeping.
      (5)   Entertainment and recreation special events;
      (6)   Farmers market subject to standards set forth in Chapter 14, Article IX;
      (7)   Arts and crafts festival subject to standards set forth in Chapter 14, Article X;
      (8)   Restaurants, without drive through and without outdoor or rooftop seating;
      (9)   Mobile food units pursuant to standards set forth in Chapter 14, Article V and § 21.302.18;
      (10)   Non-profit clubs in the CO-1 Zoning District;
      (11)   Post-secondary educational institutions;
      (12)   Brewpub;
      (13)   Taproom/cocktail room;
      (14)   Craft and microbrewery/distillery/winery;
      (15)   Research laboratories;
      (16)   Public utility facility, general; and
      (17)   Multi-family dwelling in the CO-1 District provided they are developed in accordance with the provisions of the C-4 District.
   (c)   Provisional uses. If the following uses are within a building primarily devoted to a permitted principal use, and if they have common indoor access to permitted principal uses, they are permitted within the CO-1 District:
      (1)   Retail stores for the sale of arts and crafts, gifts, flowers, plants, groceries, bakery goods, produce, dairy products, drugs, sundry items, books, newspapers, magazines, apparel and similar retail stores;
      (2)   Personal-service establishments including licensed therapeutic massage enterprises, barber and beauty shops, exercise and health activities, dry-cleaning drop-off and pick-up stations, laundering, repair services incidental to retail stores and similar personal services;
      (3)   Financial institutions;
      (4)   Athletic and recreation facilities;
      (5)   Catering businesses, major and minor;
      (6)   Sales and servicing of office equipment;
      (7)   Business services including printing and duplicating;
      (8)   Product design, development and testing; and
      (9)   Type I home businesses pursuant to standards as set forth in § 21.302.13.
   (d)   Conditional uses.
      (1)   Reserved;
      (2)   Manufacturing, provided that at least 75% of the floor area of structures on the site is devoted to a permitted principal use;
      (3)   Reserved;
      (4)   Automotive service facilities which form an integrated part of a larger development;
      (5)   Public utility facility, limited;
      (6)   Computer component manufacturing;
      (7)   Uses requiring a maximum floor area ratio above 1.0 within the CO-1 District, subject to the provisions of subsection (i) below;
      (8)   Air passenger and transit terminals;
      (9)   Reserved;
      (10)   Towers. For related provisions see §§ 15.14, 21.302.37 and 21.301.10;
      (11)   Reserved;
      (12)   Type II home businesses pursuant to standards as set forth in § 21.302.13;
      (13)   Places of assembly in the CO-1 Zoning District;
      (14)   Manufactured home parks pursuant to standards as set forth in § 21.302.10;
      (15)   Major commercial golf facility; and
      (16)   Restaurants with drive through (including drive-in) or rooftop seating; and
      (17)   Cannabis testing facility.
   (e)   Interim uses.
      (1)   Uses. The following uses are allowed on an interim basis in accordance with the provisions of this section.
         (A)   Short-term storage of rental car inventory for rental by the public at the Minneapolis/St. Paul International Airport and short term parking of personal vehicles by auto rental employees and construction related employees working at the Minneapolis/St. Paul International Airport;
         (B)   Car rental businesses, including storage of rental cars provided that such parking does not occupy space otherwise required by ordinance or other uses on the same site;
         (C)   Temporary Pandemic, Epidemic, or Emergency Service Facility; and
         (D)   Parking for an off-site use or as a primary use.
      (2)   Standards. In addition to standards in § 21.501.05, the following standards also apply to interim uses in the Commercial Office District CO-1.
         (A)   Any buildings or other site improvements associated with the interim use will be of nominal value or portable. Temporary buildings are allowed only to support the proposed use. Temporary buildings are exempt from the requirements of subsection (i) below, but must be designed and constructed in a manner assuring safety for occupants and others affected, as determined by the issuing authority.
   (f)   Maximum floor area ratio. The maximum floor area ratio for nonresidential uses within the CO-1 District will be one square foot of floor area for each one square foot of lot area.
   (g)   Dimensional requirements.
Minimum lot area
120,000 square feet
Minimum lot width
200 feet
Minimum setback, front
60 feet
Minimum setback, side
20 feet plus 0.25 foot for each one foot of structure height in excess of 60 feet
Minimum setback, rear
Same as side setback, but in no instance less than 30 feet
Maximum structure height
As regulated by § 21.301.10
Maximum structure lot coverage
30%
Maximum structure floor area ratio
CO-1 = 1.0 FAR for nonresidential uses
 
   (h)   Reserved.
   (i)   Special provisions.
      (1)   Reserved.
      (2)   In the CO District, the floor area of residential uses will not exceed 50% of the floor area of nonresidential uses in a particular development.
      (3)   The maximum floor area ratio in the CO-1 District may be increased to one and one-half square feet of floor area and maximum building coverage may be increased to 40% of lot area provided that peak period project trip generation is equal or less than trip generation from the same type of use with a 1.0 floor area ratio in the CO-1 District. A Tier I TDM Program in accordance with the requirements of § 21.301.09 and a development agreement is required for all uses exceeding the maximum floor area ratio in subsection (f) above.
      (4)   In instances in which second-level pedestrian connections are made across public streets or to adjacent properties, setbacks may be reduced to zero feet for a width of 120 feet.
      (5)   Exterior materials: the exterior materials and finish of all buildings erected on lands within Commercial Office CO-1 Zoning District will be in conformance with the applicable requirements of § 21.301.24.
   (j)   Sign regulations. Refer to Chapter 21, Article III, Division D, the sign code.
(Ord. 2024-28, passed 11-18-2024)

§ 21.206 INDUSTRIAL ZONING DISTRICTS.

   (a)   Purpose. It is the purpose of the Industrial Zoning Districts to preserve zones primarily for industrial use and to allow non-industrial uses only when necessary to or complementary to the industrial neighborhood and when it will not interfere with further industrial development.
(Ord. 2019-2, passed 1-7-2019)

§ 21.206.01 INDUSTRIAL PARK (I-1) DISTRICT.

   (a)   Intent. This district is intended to provide a range of low intensity industrial uses on large sites compatible with nearby residential neighborhoods. The district excludes more intensive industrial uses while allowing secondary support uses such as office, business services, and institutional uses.
   (b)   Uses. Uses allowed in the I-1 District as permitted, accessory, conditional, or interim uses are listed in Table 21.209(e).
   (c)   Standards. Development in the I-1 District must comply with the following standards:
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area must comply with the applicable requirements of § 21.301.01.
      (2)   Structure and parking placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
      (4)   Exterior materials. See § 21.301.24 for applicable standards.
      (5)   Loading docks and freight handling facilities, whether for railroad or truck, must be on elevations that do not front on a street or proposed street.
      (6)   Along any street bordering on a site that is both residentially used and zoned, there may be no driveway access from such street into adjacent industrial sites unless access is otherwise impracticable. All access to industrial sites must be from streets within the industrial park where practicable.
(Ord. 2019-2, passed 1-7-2019; Ord. 2024-28, passed 11-18-2024)

§ 21.206.02 LIMITED INDUSTRY (I-2) DISTRICT.

   (a)   Intent. This district is intended to provide for areas for large site industrial development, including research and development, high technology, biotechnology, small-scale distribution, and activities requiring flexible floor space. Secondary support uses, such as office and business services, are also allowed.
   (b)   Uses. Uses allowed in the I-2 District as permitted, accessory, conditional, or interim uses are listed in Table 21.209(e).
   (c)   Standards. Development in the I-2 District must comply with the following standards:
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area must comply with the applicable requirements of § 21.301.01.
      (2)   Structure and parking placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
      (4)   Exterior materials. See § 21.301.24 for applicable standards.
(Ord. 2019-2, passed 1-7-2019; Ord. 2024-28, passed 11-18-2024)

§ 21.206.03 GENERAL INDUSTRY (I-3) DISTRICT.

   (a)   Intent. This district is intended to provide for areas of intense industrial development with potentially significant off-site impacts on a variety of site sizes, including manufacturing, processing, and assembly; warehouse and distribution; and large equipment supply and sales. Such uses may require heavy truck and/or rail access.
   (b)   Uses. Uses allowed in the I-3 District as permitted, accessory, conditional, or interim uses are listed in Table 21.209(e).
   (c)   Standards. Development in the I-3 District must comply with the following standards:
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area must comply with the applicable requirements of § 21.301.01.
      (2)   Structure and parking placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
      (4)   Exterior materials. See § 21.301.24 for applicable standards.
(Ord. 2019-2, passed 1-7-2019; Ord. 2024-28, passed 11-18-2024)

§ 21.206.04 INDUSTRIAL PARK (IP) DISTRICT.

   (a)   Intent. This district is intended to provide area within the city for low intensity office, warehousing, manufacturing, and other industrial uses. The uses allowed in the Industrial Park District are limited to exclude the more intensive industrial uses, those industrial uses which require significant outside storage and those business uses which are not necessary to or complementary to the intent of this district.
   (b)   Uses. Uses allowed in the IP District as permitted, accessory, conditional, or interim uses are listed in Table 21.209(e).
   (c)   Standards. Development in the IP District must comply with the following standards:
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area must comply with the applicable requirements of § 21.301.01.
      (2)   Structure and parking placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
      (4)   Exterior materials. See § 21.301.24 for applicable standards.
      (5)   Building coverage may not exceed 30% of the site. Building coverage may be increased to a maximum of 40% of lot area on the basis of a 1% increase in lot coverage for each 40,000 square feet of lot area in excess of 400,000 square feet.
         (A)   A parking structure or the portion of a structure used for off-street parking is not counted as building floor area or structure coverage for the purpose of calculating minimum building floor area, building floor area ratio, or percentage of lot coverage by structure.
      (6)   Loading docks and freight handling areas may not be on a street frontage or in a front yard. All freight handling facilities, whether by railroad or truck, must be on elevations that do not face on any street or proposed street.
         (A)   Loading docks and freight handling area must be screened, pursuant to perimeter screening requirements contained in § 21.301.15, from public view from street rights-of-way and adjacent residential uses.
         (B)   Spur railroad lines and rail freight handling facilities are not required to be screened from adjacent residential uses.
         (C)   Building wing walls used as required screening may not extend into the required building setbacks.
      (7)   Along any street bordering on a residential zone, there may be no driveway access from such street into adjacent industrial sites unless access is otherwise impracticable. All access to industrial sites must be from streets within the industrial park where practicable.
      (8)   Public utility uses may be exempted from the performance standards of §§ 21.301.01 and 21.301.02.
   (d)   Off-street parking. Off-street parking for the IP District must be provided in accordance with the requirements of §§ 21.301.06 and 21.301.15 of this code and with the following additional design standard:
      (1)   A 40-foot deep landscaped yard must be provided between all off-street parking areas and any property line abutting a public right-of-way.
(Ord. 2019-2, passed 1-7-2019; Ord. 2021-7, passed 4-26-2021; Ord. 2024-28, passed 11-18-2024)

§ 21.206.05 FREEWAY DEVELOPMENT (FD-2) DISTRICT.

   (a)   Intent. The Freeway Development (FD-2) District is designed to provide for a limited mixture of compatible land uses; to encourage and accommodate industry in freeway locations convenient to the metropolitan area; to provide for integrated roadside business areas designed to offer a group of essential services to the motoring public in compact and convenient locations; to accommodate certain uses large in area and with a metropolitan clientele; and so far as may be possible, to protect the freeways from congestion by proper location of heavy traffic generators and exclusion of most retail businesses.
   (b)   Uses. Uses allowed in the FD-2 District as permitted, accessory, conditional, or interim uses are listed in Table 21.209(e).
   (c)   Standards. Development in the FD-2 District must comply with the following standards:
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area must comply with the applicable requirements of § 21.301.01.
      (2)   Structure and parking placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
      (4)   Exterior materials. See § 21.301.24 for applicable standards.
(Ord. 2019-2, passed 1-7-2019; Ord. 2024-28, passed 11-18-2024)

§ 21.206.06 INNOVATION AND TECHNOLOGY (IT) DISTRICT.

   (a)   Intent. The Innovation and Technology (IT) District, is designed to encourage a flexible mix of regionally oriented low-impact, high technology manufacturing, hotel, and office uses in locations with excellent access to regional roadways or high-frequency transit. The IT District provisions are intended to foster a flexible mix of high technology manufacturing, research and development, and pure office uses while allowing the integration of commercial and hospitality uses.
   (b)   Uses. Uses allowed in the IT District as permitted, accessory, conditional, or interim uses are listed in Table 21.209(e).
   (c)   Standards. Development in the IT District must comply with the following standards:
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area must comply with the applicable requirements of § 21.301.01.
      (2)   Structure and parking placement. Structures and parking in the IT District are subject to the following requirements.
         (A)   Structure and parking placement. See § 21.301.02 for applicable standards.
         (B)   Skyways, tunnels, and similar pedestrian connection structures up to 120 feet in width have no setback requirements from property lines.
      (3)   Structure height. Structures in the IT District must meet the height limitations of §§ 21.301.10 and 21.208.04.
      (4)   Additional building design standards. In addition to the requirements of § 21.301.03(a), buildings in the IT District must comply with the following:
         (A)   Exterior materials. The exterior materials and finish of all buildings and structures in the IT District must comply with the applicable requirements of § 21.301.24 of this code.
         (B)   Parking structures. Parking structures must comply with the requirements in § 21.301.06(h) of this code.
(Ord. 2019-2, passed 1-7-2019; Ord. 2024-28, passed 11-18-2024)

§ 21.206.07 TRANSITIONAL INDUSTRIAL (TI) DISTRICT.

   (a)   Intent. The Transitional Industrial (TI) District is designed to accommodate a mix of industrial, retail, entertainment, and residential uses. Consistent with recommendations from the Lyndale Avenue Suburban Retrofit Plan adopted by the City Council on April 5, 2021, sites and buildings within the TI District will reflect a pedestrian-friendly, mixed-use environment with active ground floors, while controlling for the impacts of intensive industrial and auto-related uses.
   (b)   Uses. Uses allowed in the TI District as permitted, accessory, conditional, or interim uses are listed in Table 21.209(e).
   (c)   Standards. Development in TI District must comply with the following standards:
      (1)   Floor area ratio, building floor area, impervious surface area, site width, and site area must comply with the applicable requirements of § 21.301.01.
      (2)   Structure placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
      (4)   Exterior materials. See § 21.301.24 for applicable standards.
      (5)   Street activation. Buildings or additions with manufacturing, makerspace, or warehousing uses constructed after February 6, 2023 must have at least 50% of the linear feet of the ground floor's frontage along Lyndale Avenue occupied by an active use, such as office, retail, or in-person customer service.
      (6)   Parking placement. With the exception of parking areas located along Harriet Avenue and Halsey Lane, off-street parking areas constructed after February 6, 2023 must not be located between a building and a public street unless:
         (A)   The parking is located entirely below grade;
         (B)   The site meets the standards for large development sites in accordance with § 21.206.07(c)(9); or
         (C)   The site has received an exemption for sites with multiple street frontages in accordance with § 21.206.07(c)(10).
         Off-street parking may be located on the rooftops of buildings. Examples of permitted parking configurations are illustrated in § 21.301.02(f)(8).
      (7)   Street enclosure. It is the intent of the TI District to foster a more urban character along Lyndale Avenue by establishing clearly defined street edges enclosed by buildings and other vertical elements. A combination of building frontage and other vertical elements may be used to enclose and define the edge of Lyndale Avenue as follows:
         At least 50% of the frontage of each site along Lyndale Avenue must be enclosed by buildings. An additional 20% must be enclosed by buildings and/or other vertical elements located along the minimum building setback line. Vertical elements may consist of trees, shrubs, walls, fences, and sculptural elements. Both buildings and vertical elements must comply with the Clear View Triangle area as defined in § 21.601. Vertical elements over four feet in height must be consistent with the Crime Prevention Through Environmental Design (CPTED) objectives in the Planning Manager's Landscaping and Screening Policies and Procedures document, as it may be amended from time to time.
      (8)   Corner sites. It is the intent of the TI District to promote an attractive streetscape along Lyndale Avenue by having buildings or gathering spaces anchor corners. Off-street parking must not be located within 100 feet of the following intersections: Lyndale Avenue and West 86th Street, Lyndale Avenue and West 90th Street, or Lyndale Avenue and West 92nd Street. An exception to this standard is granted for a building or gathering space located between the parking and the public street (see § 21.301.02(f)(8) for a graphic illustration) at those previously mentioned intersections. For the purposes of this subsection, intersection is defined as the point at which planned widened right-of-way lines for each street would intersect if extended.
      (9)   Large sites. Large development sites may be able to accommodate buildings internal to the site, as well as adjacent to public streets. Buildings located on the interior of sites over five acres in size may be placed beyond the maximum setbacks for the TI District, provided at least 50% of the site's linear public street frontage along Lyndale Avenue contains buildings that comply with setback requirements and have no parking located between the buildings and the public street except for parking located entirely below grade.
      (10)   Exemptions for sites with multiple street frontages. With the exception of development on Harriet Avenue and Halsey Lane, it is the intent of the TI District to have buildings close to the street with parking to the side or rear or entirely below grade. However, that arrangement may not be possible for each street frontage on sites which front on two or more public streets in a corner lot configuration. When a site fronts on multiple public streets, the City Council may exempt, through the planned development process described in §§ 21.501.02 and 21.501.03 of this Code, all but one of the street frontages from complying with the TI District building or parking placement requirements, provided the City Council determines that:
         (A)   The site cannot reasonably comply with the TI District structure and parking placement requirements for all street frontages;
         (B)   The proposed structure and parking configuration will meet the purpose and intent of the TI District;
         (C)   The proposed structure and parking configuration will complement the character of existing or planned development in the area;
         (D)   The proposed structure and parking configuration will facilitate pedestrian and bicycle access;
         (E)   The proposed structure and parking configuration will place vehicle access points in optimal locations; and
         (F)   The proposed structure and parking configuration will be compatible with natural features, surrounding development, redevelopment plans, and traffic volumes.
      (11)   Drive-throughs. In addition to the requirements of § 21.301.05, drive-through windows and stacking lanes in the TI District must:
         (A)   Not be located between a building and a street except for those lots fronting on Harriet Avenue or Halsey Lane;
         (B)   Not exceed one lane per building;
         (C)   Be located in a manner that discourages pedestrian crossing of stacking lanes; and
         (D)   Be screened from public and private streets, sidewalks, adjacent outdoor dining spaces, parks and public open spaces.
      (12)   Structure design. New structures and building additions in the TI District must comply with design standards shown below in subsections (A) through (D), in addition to the requirements of § 21.301.03(a). The following design standards are meant to create an attractive street-level environment that promotes pedestrian activity, comfort, and public safety in the TI District. The highest design standards must be provided on the street front intended for the highest pedestrian-orientation; this is the primary façade. The issuing authority will determine which elevation is considered to be the primary façade. All other street frontages are considered secondary façades. Building fronts facing Harriett Avenue and Halsey Lane are exempt from the standards shown below in subsections (A) through (D).
         (A)   Windows. The ground level portion of a building façade between two feet and ten feet above grade must consist of:
            (i)   Primary façade. A minimum of 50% transparent windows, including windows on entrances.
            (ii)   Secondary façade. A minimum of 25% transparent windows, including windows on entrances.
            (iii)   Highly reflective glass. Highly reflective glass is prohibited.
            (iv)   Exceptions. Where the issuing authority determines that meeting the minimum window requirement is not practical due to location of loading, storage, "back of house" operations, or other structural impediments, the area of windows required in this section may be substituted with an equivalent area comprised of at least two of the following enhancements to the ground level portion of a building façade, between two feet and ten feet above grade:
               (aa)   Wall design. Embellishment of the building façade to create visual interest through:
                  (AA)   Horizontal and vertical indentations or projections that create discernible patterns or shadows;
                  (BB)   Variations in material module, pattern and/or color;
                  (CC)   Green screen or planter walls; or
                  (DD)   Translucent, fritted, patterned, or colored glazing.
               (bb)   Display boxes. Framed display boxes may be attached to the exterior building wall provided:
                  (AA)   Applicable building setbacks are met;
                  (BB)   Internal light sources are not visible;
                  (CC)   Any signage in or attached to the display box complies with the requirements of Chapter 21, Article III, Division D, the sign code; and
                  (DD)   Any merchandise displayed is available for sale on the site.
               (cc)   Permanent art. Non-commercial art or graphic design that complies with the following standards:
                  (AA)   Is of sufficient scale and orientation to be perceived from the public right-of-way;
                  (BB)   Is rendered in materials or media appropriate to an exterior, urban environment;
                  (CC)   Is permanently integrated into or affixed to the building wall. Painting of a wall does not qualify as permanently integrated; and
                  (DD)   Complies with all applicable safety and maintenance requirements.
         (B)   Street entrances. Each building and each separate tenant space adjacent to a street where on-street parking is provided must include at least one entrance, on the street side of the building that is open to the public during regular business hours.
         (C)   Arcades. Arcades along building frontages on Lyndale Avenue must comply with the following standards:
            (i)   The exterior face of the arcade column line must meet the minimum setback requirements in § 21.301.02; and
            (ii)   No part of an arcade may exceed the maximum setback requirements in § 21.301.02.
         (D)   Canopies and awnings. First floor canopies and awnings are encouraged in order to promote a pedestrian-oriented environment and add visual interest to a building elevation. Canopies and awnings must meet the requirements of § 21.301.24 .
(Ord. 2023-3, passed 2-6-2023; Ord. 2024-4, passed 2-26-2024; Ord. 2024-28, passed 11-18-2024)

§ 21.207 SPECIALIZED ZONING DISTRICTS; PURPOSE.

   (a)   It is the purpose of the specialized zoning districts to set standards in areas that have unique characteristics due to location, proximity to transit, natural features or other factors.
(Ord. 2010-16, passed 6-7-2010)

§ 21.207.01 MIXED USE (CX-2) DISTRICT.

   (a)   Intent. Within the Mixed-Use District, the most intense utilization of land in the city will take place supported by existing and future investment in public infrastructure. The CX-2 District provisions are intended to:
      (1)   Allow a broad range of uses;
      (2)   Ensure that new development is of significant size and intensity; and
      (3)   Provide a mix of uses that balance the demand on traffic and parking.
   (b)   Uses. Uses allowed in the CX-2 District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(f) as well as the following additional interim uses.
      (1)   Additional interim uses.
         (A)   Short-term parking of passenger automobiles and recreational vehicles in support of adjacent uses;
         (B)   Storage of construction materials, equipment and supplies for projects involving other properties in the CX-2 Zoning District;
         (C)   Storage of construction materials, equipment and supplies for public street and highway projects;
         (D)   Reserved;
         (E)   Reserved;
         (F)   New and used motor vehicle sale events of not more than 14 days that exclusively benefit a non-profit charitable organization, and are limited to not more than 200 motor vehicles. No more than one such event shall be allowed in a calendar year; and
         (G)   Parking for an off-site use or as a primary use, not to include remote airport parking.
      (2)   Interim use standards. In addition to standards in § 21.501.05, the following standards also apply to interim uses in the Mixed Use (CX-2) District.
         (A)   Any buildings or other site improvements associated with the interim use must be of nominal value or portable. Temporary buildings must only support the proposed use. Temporary buildings are exempt from the minimum building floor area requirements of the CX-2 District, but must be designed and constructed in a manner assuring safety for occupants and others affected, as determined by the issuing authority.
         (B)   Reserved.
   (c)   Standards. Development in the CX-2 District must comply with the following standards.
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area. See § 21.301.01 for applicable standards.
      (2)   Structure placement. See § 21.301.02 for applicable standards.
      (3)   Structure height. See § 21.301.10 for applicable standards.
      (4)   Floor area ratio. The maximum floor area ratio in the CX-2 District may be increased to 3.0 provided that:
         (A)   Fifty percent of the ground coverage is supplied in structures of six or more stories in height;
         (B)   Private vehicle occupancy serving the site is an average of 1.2 persons per vehicle or greater; and
         (C)   At least 2% of the peak period trips serving the site are made by public transit.
      (5)   Integration standards. All structures in the CX-2 District must provide enclosed pedestrian access to the Mall of America or a Phase of Mall of America connected to the Mall of America. For phased projects, construction of the enclosed pedestrian access may be deferred through approval of a phasing plan approved as part of the Planned Development process if the City Council finds that the enclosed pedestrian access is either not necessary or not feasible for a particular development phase and provided an enclosed pedestrian access is proposed to be constructed as part of a future development phase and is shown on the approved Preliminary Development Plan for the subject site.
(Ord. 2010-16, passed 6-7-2010; Ord. 2010-29, passed 11-1-2010; Ord. 2012-2, passed 1-23-2012; Ord. 2014-5, passed 2-3-2014; Ord. 2016-3, passed 2-22-2016; Ord. 2017-13, passed 5-22-2017; Ord. 2017-17, passed 6-5-2017; Ord. 2019-5, passed 1-7-2019)

§ 21.207.02 LINDAU MIXED USE (LX) DISTRICT.

   (a)   Intent. The Lindau Mixed-Use District, is intended for a dense mix of commercial, hospitality and office uses in a compact area with excellent accessibility to transit service and a high level of amenities. The LX District provisions are intended to:
      (1)   Allow a broad mix of uses to create a vibrant, walkable and transit-supportive district;
      (2)   Encourage active uses along the street to create a safe and inviting pedestrian environment;
      (3)   Promote an attractive streetscape through building placement and design;
      (4)   Encourage sustainable best practices in building, site and infrastructure design;
      (5)   Reduce the visual impact of parked vehicles by requiring the placement of vehicle parking areas to the side or rear of buildings; and
      (6)   Maximize utilization of the small supply of land in the city that lies within one-half mile of high frequency mass transit service.
   (b)   Uses. Uses allowed in the LX District as permitted, accessory, conditional, limited, or interim uses are listed in Table 21.209(f) as well as the following additional interim uses.
      (1)   Additional interim uses.
         (A)   Storage of construction materials, equipment and supplies for public street and highway projects.
         (B)   Reserved.
      (2)   Interim use standards. Any buildings or other site improvements associated with the interim use must be of nominal value or portable. Temporary buildings must only support the proposed use. Temporary buildings are exempt from the minimum building floor area requirements of the LX District, but must be designed and constructed in a manner assuring safety for occupants and others affected, as determined by the issuing authority.
   (c)   Standards. Development in the LX District must comply with the standards in §§ 21.301.01, 21.301.02, 21.301.03, 21.301.10 and the following.
      (1)   Floor area ratio, building floor area, impervious surface area, site width and site area must comply with the applicable requirements of § 21.301.01 as well as the following.
         (A)   Floor area ratio; minimum. The minimum floor area ratio on sites in the LX District may be decreased to 0.50 provided that:
            (i)   At least 50% of building frontages along a public street are located at the minimum setback required;
            (ii)   At least 60% of the primary building facade along a public streets is at least three stories or 50 feet in height;
            (iii)   Buildings facing onto Lindau Lane meet or exceeds the ground level building design requirements in§§ 21.301.03(b); and
            (iv)   On-site parking supply does not exceed code requirements.
(Ord. 2013-26, passed 11-4-2013; Ord. 2015-3, passed 1-26-2015; Ord. 2017-17, passed 6-5-2017; Ord. 2019-5, passed 1-7-2019)

§ 21.207.03 HIGH INTENSITY MIXED USE WITH RESIDENTIAL (HX-R) DISTRICT.

   (a)   Intent. It is the purpose of this district to provide for high intensity employment-oriented, tourist-oriented and residential uses in areas close to frequent transit service. The provisions of this district are intended to:
      (1)   Promote high intensity development;
      (2)   Avoid under-utilization of the small supply of land in the city that lies within one-half mile of high frequency mass transit service;
      (3)   Require the creation of a significant high density residential node to diversify housing options available in the city and create a live-work-recreation environment;
      (4)   Reduce vehicle trips and vehicle miles traveled relative to the same level of development in other areas by allowing residences in close proximity to employment and services, by allowing intense development in close proximity to high frequency transit service, and by encouraging multi-purpose trips, walking trips, carpool trips and transit trips;
      (5)   Reduce overall costs and impacts of parking by making shared parking feasible where peak parking demand times vary among uses;
      (6)   Maximize return on public utility and transportation infrastructure investments by requiring high intensity development;
      (7)   More efficiently use public and private infrastructure by taking advantage of peak demand time variations for infrastructure (roads, transit, sewer, water, electricity, phone) among land uses. By becoming a source of trip origins as well as trip destinations, roadway and transit systems can be used in a more efficient bi-directional manner;
      (8)   Ensure that residential development is compatible with the surrounding noise levels;
      (9)   Provide a pedestrian oriented environment; and
      (10)   Provide floor area ratio bonuses to encourage development characteristics that advance citywide and district specific objectives, including accessory and limited retail and service uses, below grade parking, parks or plazas, affordable housing, public art and sustainable design.
   (b)   Permitted principal uses.
      (1)   Offices;
      (2)   Hotels;
      (3)   Multiple-family dwellings;
      (4)   Transit stations;
      (5)   Public uses;
      (6)   Cinema and theaters;
      (7)   Medical offices and clinics;
      (8)   Conference, exposition and meeting facilities;
      (9)   Entertainment and recreation special events;
      (10)   Farmers market subject to standards set forth in Chapter 14, Article IX;
      (11)   Arts and crafts festival subject to standards set forth in Chapter 14, Article X; and
      (12)   Mobile food units pursuant to standards set forth in Chapter 14, Article V and § 21.302.18.
   (c)   Permitted limited and accessory uses.
      (1)   Limited uses. The following uses are permitted as limited uses:
         (A)   Retail uses for the sale of groceries, bakery goods, drugs, sundry items, gifts, books, recorded music, arts and crafts, plants and similar items;
         (B)   Personal and business service establishments including dry-cleaners, exercise and health activities, beauty and barber shops, copying services, photo developing, picture framing, licensed therapeutic massage, travel agencies and similar establishments;
         (C)   Restaurants without drive-up facilities;
         (D)   Financial institutions without drive-up facilities;
         (E)   Day care facilities;
         (F)   Fuel sales physically integrated within a structured parking facility;
         (G)   Beekeeping;
         (H)   Brewpub;
         (I)   Taproom/cocktail room; and
         (J)   Craft and micro-brewery/distillery/winery.
      (2)   Accessory uses. The following uses are permitted as accessory uses:
         (A)   Type I home businesses pursuant to standards as set forth in § 21.302.13;
         (B)   Hotel manager dwelling unit;
         (C)   Transient merchant sales in hotel interiors only;
         (D)   Other uses customarily incidental and clearly subordinate to a permitted principal or conditional use. Drive through uses are prohibited; and
         (E)   Hotel airport parking.
   (d)   Conditional uses.
      (1)   Expansion of electric substation or electric transmission line facilities in existence prior to January 1, 2005, subject to the provisions of subsection (p) below;
      (2)   Type II home businesses pursuant to standards as set forth in § 21.302.13;
      (3)   Expansion of hotel facilities in existence prior to January 1, 2005, subject to the provisions of subsection (p) below;
      (4)   Manufactured home parks pursuant to standards as set forth in § 21.302.10; and
      (5)   Remote airport parking established after September 29, 2025, pursuant to the standards set forth in § 21.302.41.
   (e)   Interim uses.
      (1)   Remote airport parking facilities in active operation as of September 29, 2025, pursuant to the standards set forth in § 21.302.41; and
      (2)   Temporary Pandemic, Epidemic, or Emergency Service Facility.
   (f)   Residential uses required.
      (1)   Minimum density. Development within the HX-R Zoning District must include at least 30 residential dwelling units per acre of gross site area, with the following exceptions.
         (A)   Residential uses are prohibited in areas forecast to have average future aircraft noise levels at or above 70 dB DNL.
         (B)   For the purposes of calculating the required number of residential dwelling units for a site within the HX-R Zoning District, the land area, as calculated by city staff, of the site forecast to be exposed to average future aircraft noise levels at or above 70 dB DNL will be subtracted from the overall site area.
         (C)   On sites in which over two-thirds of the site area is forecast to be exposed to average future mitigated aircraft noise levels at or above 70 dB DNL, residential uses in the area with less than 70 dB DNL are allowed but not required.
         (D)   Forecast aircraft noise levels will be determined based on the highest noise level shown on either the most recent annual noise contour map published in the Minneapolis St. Paul International Airport Annual Noise Contour report or the noise level forecast for the most distant year included in the most recent comprehensive plan or environmental documents adopted by the Minneapolis-St. Paul International Airport by the Metropolitan Airports Commission.
         (E)   The residential use requirement of this subsection (f) does not apply to remote airport parking facilities.
      (2)   Phased developments. When a mixed use development is constructed in phases, it is the intent of the HX-R Zoning District that the residential components of the development not be set aside until the final development phase(s). Therefore, when residential uses are required on a site, final development plans may not be approved for a structure or structures that would increase the total nonresidential floor area on the site to over 50% of the total nonresidential floor area on the site approved in the preliminary development plan unless:
         (A)   Construction has commenced on at least 50% of the total number of residential dwelling units on the site approved in the preliminary development plan;
         (B)   The structure or structures include both nonresidential and residential uses and its construction would bring the number of residential dwelling units on the site to at least 50% of the total number of residential dwelling units on the site approved in the preliminary development plan; or
         (C)   The City Council determines that the approval satisfies the intent of the HX-R Zoning District.
   (g)   Floor area ratio.
      (1)   The minimum floor area ratio required for development within the HX-R Zoning District is 1.5.
      (2)   The floor area ratio requirement of this subsection (g) does not apply to remote airport parking facilities.
      (3)   Floor area ratio calculations include all residential and nonresidential development on a site but exclude structured or underground parking.
      (4)   In cases where development on a site occurs in phases, each individual development phase must comply with the floor area ratio requirements of this subsection (g) on its own or in conjunction with previous phases if previous phases exceeded floor area ratio requirements. The overall development must also comply with the floor area ratio requirements of this subsection (g).
      (5)   The maximum floor area ratio for development within the HX-R Zoning District is 2.0, but may be increased through the following bonus provisions:
         (A)   Retail and service use bonus. Developments including limited use retail and service uses are eligible for bonus floor area. Two square feet of additional floor area is allowed per square foot of limited use retail and service use floor area. In no case may the retail and service use floor area ratio bonus exceed 0.50.
         (B)   Below grade parking bonus. Developments including below grade parking are eligible for bonus floor area. Two square feet of additional floor area is allowed per gross square foot of below grade parking floor area. To qualify for the bonus, parking must be fully below the finished final grade on all sides. In no case may the below grade parking floor area ratio bonus exceed 0.75.
         (C)   Plaza or park bonus. Developments not subject to park donation requirements as specified in § 22.10 that include publicly accessible plaza or park areas are eligible for bonus floor area. One square foot of additional floor area is allowed per square foot of publicly accessible plaza or park area meeting the following requirements.
            (i)   Land used to satisfy park dedication requirements is not eligible for park or plaza bonus floor area.
            (ii)   The plaza or park must include at least 5,000 square feet of contiguous area.
            (iii)   To avoid long and narrow spaces, the length of the plaza or park must not exceed three times the width of the plaza or park.
            (iv)   At least 25% of the perimeter of the plaza or park must abut a public or private street.
            (v)   At least 30% of the plaza or park area must consist of landscaping or water features.
            (vi)   The plaza or park must be easily accessible via sidewalk.
            (vii)   The plaza or park must be designed to encourage public use through the provision of seating, tables, trash receptacles, water features and areas for public entertainment or public display of art or cultural exhibits. Seating must be provided at a rate of not less than one seat per 200 square feet of plaza or park area for the first 10,000 square feet.
            (viii)   The site development agreement, or other appropriate agreement, must include provisions ensuring that the plaza or park is open to the public every day between 7:00 a.m. and 9:00 p.m. and maintained in good order.
            (ix)   In no case may the park or plaza floor area ratio bonus exceed 0.25.
            (x)   The site development agreement must include provisions ensuring the installation, preservation, maintenance and replacement, if necessary, of plaza or park features.
            (xi)   The plaza or park must include pedestrian lighting at an illumination level of at least 2.0 foot candles.
         (D)   Affordable housing bonus. Developments including affordable housing as defined by the Metropolitan Council are eligible for bonus floor area. Three square feet of additional floor area is allowed per square foot of affordable housing unit floor area subject to the following requirements.
            (i)   The site development agreement must include provisions ensuring that rental units receiving the bonus will continue to remain affordable for 30 years.
            (ii)   The site development agreement must include provisions ensuring that owned units receiving the bonus will initially be sold at an affordable level and that mechanisms are in place to ensure that the owned units receiving the bonus will continue to remain affordable when resold in the future.
            (iii)   In no case may the affordable housing floor area ratio bonus exceed 1.0.
         (E)   Public art bonus. Developments committing funds to on-site public art are eligible for bonus floor area. One square foot of additional floor area is allowed per $50 committed to on-site public art, subject to the following requirements.
            (i)   In no case can the public art floor area ratio bonus exceed one-half.
            (ii)   Developments requesting the public art bonus must submit a plan, to be approved by the City Council, documenting the type of public art to be commissioned, the budget, location, schedule and artist selection process. To qualify for the bonus, the City Council must approve the plan.
            (iii)   Works of art must be placed outside of a building at a location clearly visible and freely accessible to the public.
            (iv)   The site development agreement must include provisions ensuring the installation, preservation, maintenance and replacement, if necessary, of the public art.
            (v)   To ensure that public art is installed as proposed, a performance security in an amount equal to the bonus level approved must be submitted prior to issuance of building permits for a building on a site receiving a public art bonus. The security may consist of a bond, irrevocable letter of credit, cash deposit or other instrument that provides an equal performance guarantee to the city.
         (F)   Sustainable design bonus. Developments designed to minimize negative impacts on the environment as measured by the LEED (Leadership in Energy and Environmental Design) Green Building Rating System® are eligible for bonus floor area. The LEED Rating System® is a voluntary national standard administered by the United States Green Building Council. Bonuses are subject to the following provisions.
            (i)   One quarter square foot of additional floor area is allowed per square foot of floor area within a building that receives LEED certification at the certified or silver award level. One-half square foot of additional floor area is allowed per square foot of floor area within a building that receives LEED certification at the gold or platinum award level.
            (ii)   In no case may the sustainable design floor area ratio bonus exceed 1.0. The sustainable design floor area ratio bonus applies only to the phase of development that includes a building receiving LEED certification and cannot be carried forward to future project phases.
            (iii)   Applications for development wishing to use the sustainable design bonus must include a report from a LEED certified architect or engineer that includes a statement of the anticipated LEED certification level, a copy of the most recent version LEED scorecard and a summary of how and/or why each LEED credit can or cannot be achieved.
            (iv)   A building permit for a building using the sustainable design bonus will not be issued until an independent, LEED certified inspector, architect or engineer under the supervision of the city and paid for by the applicant verifies that the construction plans include the elements necessary to receive LEED certification at the level for which the bonus was granted. In the event that the LEED certification level for which the bonus was granted cannot be verified during the building permit plan review process, the applicant must either modify the construction plans to achieve the verification or forfeit the bonus by amending the final development plans to remove the bonus floor area.
            (v)   A final certificate of occupancy for a building using the sustainable design bonus will not be issued until the city receives verification from the United States Green Building Council that the building has been granted LEED certification at the award level for which the bonus was granted.
            (vi)   The site development agreement must acknowledge that building permits and final certificates of occupancy will not be issued unless LEED certification at the level for which the bonus was granted can be verified.
   (h)   Dimensional requirements.
      (1)   Building placement. HX-R Zoning District building placement requirements are intended to promote intensity, to maximize design flexibility, to facilitate pedestrian movement and to create an active pedestrian environment.
         (A)   There is no minimum building setback required from property lines fronting public streets.
         (B)   The minimum building setback along a lot line not adjacent to a public street is ten feet, unless the lot line separates two portions of the same site, in which case no minimum building setback from the internal lot line is required.
         (C)   Buildings must not encroach into public easements.
         (D)   To create an active pedestrian level environment, at least one public entrance to buildings with ground level retail and service uses must be located within 20 feet of a public street, internal private street or major pedestrian way. The City Council may approve an alternative location for buildings with ground level retail and service uses provided the alternative location better serves the goal of creating an active pedestrian level environment.
         (E)   Skyways, tunnels and similar pedestrian connection structures have no setback requirements from property lines for a width of 120 feet.
      (2)   Minimum site area. The minimum site area within the HX-R Zoning District is 120,000 square feet. Parcels with areas below 120,000 square feet may be created as part of a planned development, provided the area of the overall planned development is at least 120,000 square feet.
      (3)   Maximum structure height. Maximum structure height is set forth in § 21.301.10.
   (i)   Parking.
      (1)   Number of parking spaces. The number of motor vehicle parking spaces provided within a development must not exceed 130% of the citywide requirements set forth in § 21.301.06, unless the City Council determines that additional motor vehicle parking levels are warranted based on the results of a motor vehicle parking study, prepared by an independent traffic engineering professional under the supervision of the city and paid for by the applicant.
      (2)   Location of motor vehicle parking. In order to more efficiently use available land, improve aesthetics and create a pedestrian-oriented environment that promotes walking, biking and transit use, the location of motor vehicle parking is restricted within the HX-R Zoning District.
         (A)   Motor vehicle parking must be located below grade, within structured ramps, or in individual on-street spaces parallel with and adjacent to low volume streets. At-grade motor vehicle parking areas are prohibited with the exception of small, short-term visitor parking areas near structures. At-grade visitor parking areas, if provided, may include no more than one motor vehicle parking space per 20,000 square feet of floor area in the associated building.
         (B)   For phased developments where at grade motor vehicle parking already exists, the overall number of at grade motor vehicle parking spaces on-site must be proportionally reduced with each phase of development so that compliance with limitations on at grade parking is achieved prior to or in conjunction with the final phase of construction.
      (3)   Bicycle parking. Bicycle parking facilities commensurate with anticipated demand must be provided near building entrances.
   (j)   Building design.
      (1)   Entrances. Buildings adjacent to and within 100 feet of public streets must include at least one public entrance clearly visible and directly accessible from an adjacent public street. The public entrance may include security controls.
      (2)   Windows. First floor building facades facing and within 100 feet of public or private streets or major pedestrian corridors must meet the following window standards on those facades in order to promote a pedestrian oriented environment and add visual interest.
         (A)   For residential uses, a minimum of 25% of the area of the first floor building facade must be composed of windows or entrances.
         (B)   For nonresidential uses, a minimum of 50% of the area of the first floor building facade must be composed of windows or entrances. No more than 25% of the total window area and eye level window area may be obscured by signs, film coverings, product displays or similar covering. Blinds, curtains and similar temporary coverings for privacy or sunlight control are permitted.
         (C)   To count toward window area requirements, windows must be transparent.
      (3)   Blank facades. Blank building facades or walls must not exceed 20 feet in length. A building facade or wall is considered to be blank if it is uninterrupted by windows, doors, ornamentation, decoration, articulation or other architectural detailing.
      (4)   Exterior materials. The exterior materials and finish of all buildings and structures erected within the HX-R Zoning District must conform with the applicable requirements of § 21.301.24 .
      (5)   Canopies and awnings. First floor canopies and awnings are encouraged on buildings in order to promote a pedestrian oriented environment and add visual interest. Canopies and awnings must not extend above the first floor of a building or more than 15 feet above the finished grade.
      (6)   Parking structures. Given the anticipated intensity of development within the HX-R Zoning District, above grade parking structures are likely to be common features within the district. The following standards are intended to ensure that parking structures complement the visual character, pedestrian orientation and overall attractiveness of the area.
         (A)   Placement.
            (i)   Above grade parking structures must not front on either American Boulevard or 34th Avenue within 200 feet of the point at which the applicable site's property lines that front on both streets would intersect if extended.
            (ii)   To the extent feasible, parking structures should be placed in locations where their visibility from active areas is reduced.
            (iii)   Establishing retail and service uses on the ground floor of parking structures and partially wrapping the parking structure with active building space is encouraged.
         (B)   Architecture and materials. Parking structure facades visible from public streets, private streets or transit corridors must architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements and color.
            (i)   Parking structure exterior materials must meet the requirements of § 21.301.24.
            (ii)   Parking structure exterior material color must complement the color of the building or buildings the parking structure serves.
            (iii)   Parking structures must include architectural elements that enhance the structure, break up its mass and complement the building or buildings the parking structure serves. Examples of specific architectural elements that may assist in meeting this requirement include decorative piers and pilasters, banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings, facade treatment variations and locating tenant signs on the side of parking ramps.
            (iv)   Parking structure access points must be architecturally articulated to add visual interest.
            (v)   Parking structures must be designed to block the visibility of vehicle headlights from outside the parking structure.
   (k)   Pedestrians and bicycles. Achieving the intent of the HX-R Zoning District will require high quality, linked sidewalks and bikeways.
      (1)   Development must provide sidewalks and bikeways that support movement throughout theSouth Loop District and are consistent with the South Loop District sidewalk and bikeway plan.
      (2)   Site design for new development must promote pedestrian circulation and the principles of Crime Prevention Through Environmental Design (CPTED).
      (3)   Development must provide sidewalks and, where appropriate, bikeways along all public and private streets unless the City Council determines that an alternative sidewalk or bikeway location better serves the development and surrounding area.
      (4)   Development must provide sidewalks between building entrances and the streetside or areawide system.
      (5)   Development must provide for direct and continuous pedestrian and bicycle connections to adjacent sites, where links to existing, proposed or potential development are appropriate.
      (6)   Development sites that contain a transit station must provide direct and continuous sidewalk and bikeway connections between the transit station and buildings on-site as well as to adjacent sites, where links to existing, proposed or potential development are appropriate.
      (7)   To support street level retail uses, pedestrian movement between adjacent buildings and sites is encouraged to take place at grade rather than through skyways or tunnels. Grade separated pedestrian crossings over arterial and collector streets are encouraged.
      (8)   Sidewalk width requirements.
         (A)   Sidewalks adjacent to public streets, major sidewalks internal to sites and sidewalks adjacent to retail and service storefronts must have an unobstructed, walkable width of at least eight feet. Additional width is encouraged in appropriate areas to accommodate outdoor seating, benches, landscaping, light posts, trash receptacles, bicycle parking and similar pedestrian oriented infrastructure.
         (B)   All other sidewalks must have an unobstructed, walkable width of at least six feet.
         (C)   The City Council may require greater sidewalk widths through condition of approval when greater widths are deemed necessary to meet anticipated pedestrian needs or state aid standards.
   (l)   Open space and landscaping.
      (1)   Landscaping must conform with the requirements of § 21.301.15 and other applicable requirements of this code.
      (2)   Development must conform with any applicable district streetscape or open space plan.
      (3)   Each development site subject to park donation requirements as specified in § 22.10 must include at least one on-site plaza or park that meets the following requirements.
         (A)   The plaza or park must include at least 5,000 square feet of contiguous area. The first 5,000 square feet of plaza or park area qualifies as a credit toward the park donation requirements of § 22.10. Additional plaza or park land area above 5,000 square feet may qualify as a credit toward the park donation requirements of § 22.10 if the city determines that additional land is needed on the site to meet the park and recreation needs of area workers and residents.
         (B)   To avoid long and narrow spaces, the length of the plaza or park must not exceed three times the width of the plaza or park.
         (C)   The plaza or park must be reserved for public use through a permanent easement and must be open to the public every day between 7:00 a.m. and 9:00 p.m.
         (D)   At least 30% of the plaza or park must consist of landscaping or water features.
         (E)   The plaza or park must include pedestrian lighting at an illumination level of at least 2.0 foot candles.
         (F)   At least 25% of the perimeter of the plaza or park must abut a public or private street.
         (G)   The plaza or park must be easily accessible via sidewalk.
         (H)   The plaza or park must be designed to encourage public use through the provision of seating, tables, trash receptacles, water features and areas for public entertainment or public display of art or cultural exhibits. Seating must be provided at a rate of not less than one seat per 200 square feet of plaza or park area for the first 10,000 square feet.
         (I)   The plaza or park must be maintained in good order.
         (J)   The site development agreement must include provisions ensuring public access as well as the installation, preservation, maintenance and replacement, if necessary, of plaza or park features.
   (m)   Reserved.
   (n)   Reserved.
   (o)   Public art. The provision and exterior display of public art creates visual interest within the HX-R Zoning District and helps to facilitate a pedestrian oriented environment.
      (1)   Preliminary and final development plans for new development in the HX-R Zoning District must designate potential future locations for public art near high volume pedestrian corridors. At least one potential future public art location must be designated per two and one-half acres of site area. The HX-R Zoning District does not require the provision of public art but does offer floor area ratio bonuses for public art subject to the provisions of subsection (g)(4)(D) above.
   (p)   Sign regulations. Refer to Chapter 21, Article III, Division D, the sign code.
   (q)   Construction or expansion not in compliance with HX-R District standards. Where construction or expansion not in compliance with HX-R District residential use and minimum floor area ratio requirements is allowed to occur through issuance of a conditional use permit or interim use permit, such construction or expansion is subject to the following provisions.
      (1)   The new or expanded use is not required to comply with HX-R District residential use and minimum floor area ratio requirements. The new or expanded use must meet all other applicable requirements of the district and city code, including parking requirements.
      (2)   Expansion of an existing use not in compliance with HX-R District residential use and minimum floor area ratio requirements must be contained within the parcel currently occupied by the existing use.
      (3)   Additional requirements for nonconformities are set forth in § 21.504.
(Ord. 2024-28, passed 11-18-2024; Ord. 2025-19, passed 9-29-2025; Ord. 2025-25, passed 11-17-2025)

§ 21.207.04 CONSERVATION (SC) DISTRICT.

   (a)   Intent. It is intended that this district provide areas within the city for habitat protection and wildlife management. The Conservation District may be applied to either public or private land where preservation of natural resources is appropriate. The designation of a Conservation District not only will regulate land use within its boundaries, but will assure that adjacent land in other districts will not significantly impact the natural areas it is designed to protect.
   (b)   Permitted principal uses.
      (1)   Public and private natural areas, conservation areas and wildlife management areas;
      (2)   Public recreation uses;
      (3)   The following accessory uses :
         (i)   Uses customarily incidental and clearly subordinate to permitted principal uses.
         (ii)   Beekeeping.
      (4)   Transient merchant sales as an accessory use in a park or government building interior, where incidental and clearly subordinate to a special event;
      (5)   Entertainment and recreation special events;
      (6)   Farmers market subject to standards set forth in Chapter 14, Article IX;
      (7)   Arts and crafts festival subject to standards set forth in Chapter 14, Article X; and
      (8)   Mobile food units pursuant to standards set forth in Chapter 14, Article V and § 21.302.18.
   (c)   Provisional uses. Single-family dwelling uses in existence at the time of application of this zoning district to the property.
   (d)   Conditional uses.
      (1)   Nature centers and administrative buildings;
      (2)   Utility uses;
      (3)   Quarrying of sand, gravel, soil or minerals;
      (4)   Other public uses;
      (5)   Parking lots serving public and quasi-public recreation or conservation uses;
      (6)   Reserved; and
      (7)   Reserved.
   (e)   Interim uses.
      (1)   Temporary Pandemic, Epidemic, or Emergency Service Facility.
   (f)   Dimensional requirements.
 
Minimum district area
40 acres
Minimum district width
200 feet
 
   (g)   Minimum off-street parking. As specified in § 21.301.06.
   (h)   Special provisions.
      (1)   Reserved.
      (2)   In the review of final site and building plans in the SC District, or in any district bordering the SC District in instances in which the City Council determines that protection of natural features warrants additional protection over the applicable setback, buffering and development standards; the City Council may, by motion and majority vote, require that structures, parking areas or storage areas be set back up to 100 feet from the SC District boundary, that landscaping be provided for habitat protection and wildlife management, and that additional development standards be applied to assure that proposed development is appropriately related to the natural environment and meets the intent of the SC District.
      (3)   Public recreation uses will constitute no more than 20% of the land area of any unit of land zoned SC.
   (i)   Sign regulations. Refer to Chapter 21, Article III, Division D, the sign code.
(Ord. 2024-28, passed 11-18-2024)

§ 21.208 OVERLAY ZONING DISTRICTS.

   (a)   Purpose. Overlay zoning districts provide use limitations and standards to those in primary zoning districts to further the public interest.
   (b)   Establishment of districts. The following overlay districts are hereby established:
      (1)   Flood Hazard (FH);
      (2)   Bluff Protection (BP);
      (3)   Planned Development (PD);
      (4)   Airport Runway (AR-17) Overlay District; and
      (5)   Airport Runway (AR-22) Overlay District.
   (c)   Applicability and interpretation. All provisions of the Zoning Code shall apply to the overlay zoning districts; however, in any instance where the provisions of an overlay zoning district will conflict with the provisions of a primary zoning district, the provisions of the overlay zoning district shall take precedence and govern.
   (d)   Designation. All overlay districts shall be designated on the zoning district map of the city.
(Ord. 2016-21, passed 10-3-2016; Ord. 2020-19, passed 6-1-2020; Ord. 2024-28, passed 11-18-2024)

§ 21.208.01 FLOOD HAZARD (FH) OVERLAY DISTRICT.

   (a)   Statutory Authorization. The legislature of the State of Minnesota has, in M.S. Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Bloomington, Minnesota, does ordain as follows.
      (1)   This ordinance regulates development in the flood hazard areas of the City of Bloomington. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions.
      (2)   National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 C.F.R. parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.
      (3)   This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
   (b)   How to Use This Ordinance. This ordinance adopts the floodplain maps applicable to the City of Bloomington and includes two floodplain subareas: Floodway and Flood Fringe.
      (1)   Where Floodway and Flood Fringe areas are delineated on the floodplain maps, the standards in § 21.208.01(m-t) will apply, depending on the location of a property.
   (c)   Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of the City of Bloomington shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Flood Hazard Overlay District, which encompasses the Floodway and Flood Fringe areas.
      (1)   The Flood Hazard District is an overlay district that is superimposed over primary zoning districts. The standards imposed in the overlay district are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply.
   (d)   Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the Bloomington Public Works Department.
Effective Flood Insurance Rate Map panels:
   27053C0432F
   27053C0434F
   27053C0442F
   27053C0451F
   27053C0452F
   27053C0453F
   27053C0454F
   27053C0456F
   27053C0457F
   27053C0458F
   27053C0459F
   27053C0461F
   27053C0462F
   27053C0466F
   27053C0467F
   27053C0476F
   27053C0477F
   27053C0478F
   27053C0479F
   (e)   Interpretation. The boundaries of the zoning districts and areas are determined by scaling distances on the Flood Insurance Rate Map.
      (1)   Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Planning Manager or designee must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data.
      (2)   Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence.
   (f)   Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.
   (g)   Warning and Disclaimer of Liability. This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Bloomington or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.
   (h)   Reserved.
   (i)   Definitions. Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application.
      ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
      BASE FLOOD ELEVATION. The elevation of the "REGIONAL FLOOD." The term "BASE FLOOD ELEVATION" is used in the flood insurance survey.
      BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
      DEVELOPMENT. Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
      EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
      FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
      FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
      FLOOD FRINGE. The portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. FLOOD FRINGE is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota.
      FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
      FLOOD PRONE AREA. Any land susceptible to being inundated by water from any source (see "FLOOD").
      FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
      FLOODPROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
      FLOODWAY. The bed of a wetland, lake, or the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
      LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 C.F.R., part 60.3.
      MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include the term "RECREATIONAL VEHICLE."
      NEW CONSTRUCTION. Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance.
      OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, guywire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
      ONE HUNDRED YEAR FLOODPLAIN. Lands inundated by the REGIONAL FLOOD (see definition).
      REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.
      RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term RECREATIONAL VEHICLE is synonymous with the term "travel trailer/travel vehicle."
      REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "BASE FLOOD" used in a flood insurance study.
      REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
      REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
      SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with "ONE HUNDRED YEAR FLOODPLAIN."
      START OF CONSTRUCTION. Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
      STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in § 21.208.01(aa)(2) of this ordinance and other similar items.
      SUBSTANTIAL DAMAGE. Means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
      SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
         (a)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
         (b)   Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 C.F.R., part 59.1.
   (j)   Annexations. The Flood Insurance Rate Map panels adopted by reference into § 21.208.01(d) above may include floodplain areas that lie outside of the corporate boundaries of the City of Bloomington at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Bloomington after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation.
   (k)   Establishment of Zoning Subareas.
       (1)   Floodway Area. T he Floodway Area includes areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in § 21.208.01(d). For lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Floodway Area also includes those areas that are at or below the ordinary high water level as defined in M.S. § 103G.005, subd. 14.
      (2)   Flood Fringe Area. The Flood Fringe Area includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in § 21.208.01(d), but are located outside of the floodway. For lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Flood Fringe Area also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in M.S. § 103G.005, subd. 14.
   (l)   Applicability. Within the floodplain areas established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in § 21.208.01(m-t) are prohibited.
   (m)   Floodway Area (FW) Permitted Uses. The following uses, subject to the standards set forth in § 21.208.01(n), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
      (1)   General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
      (2)   Industrial-commercial loading areas, parking areas, and airport landing strips.
      (3)   Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails.
      (4)   Residential lawns, gardens, parking areas, and play areas.
      (5)   Railroads, streets, bridges, utility transmission lines, culverts, and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit.
   (n)   Standards for Floodway Permitted Uses.
      (1)   The use must have a low flood damage potential.
      (2)   The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment.
      (3)   Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
   (o)   Floodway Area Conditional Uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in § 21.208.01(ee) of this ordinance and further subject to the standards set forth in § 21.208.01(p), if otherwise allowed in the underlying zoning district or any applicable overlay district.
      (1)   Structures accessory to the uses listed in § 21.208.01(m)(1-3) above and the uses listed in § 21.208.01(o)(2-3) below.
      (2)   Extraction and storage of sand, gravel, and other materials.
      (3)   Marinas, boat rentals, docks, piers, wharves, and water control structures.
      (4)   Storage yards for equipment, machinery, or materials.
      (5)   Travel-ready recreational vehicles meeting the exception standards in § 21.208.01(aa)(2).
      (6)   Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.
   (p)   Standards for Floodway Conditional Uses.
      (1)   All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected.
      (2)   Fill; Storage of Materials and Equipment.
         (A)   The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
         (B)   Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.
         (C)   Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% chance or regional flood may only be allowed if the City of Bloomington has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.
      (3)   Accessory Structures. Accessory structures, as identified in § 21.208.01(o)(1), may be permitted, provided that:
         (A)   Structures are not intended for human habitation;
         (B)   Structures will have a low flood damage potential;
         (C)   Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters;
         (D)   Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed;
         (E)   Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls.
         (F)   As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer in the State of Minnesota and meet or exceed the following criteria:
            (i)   To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
            (ii)   There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
      (4)   Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of M.S. § 103G.245.
      (5)   A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.
      (6)   Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
   (q)   Flood Fringe Area (FF) Permitted Uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in § 21.208.01(r). If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance.
   (r)   Standards for Flood Fringe Permitted Uses.
      (1)   All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than regional flood elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.
      (2)   Accessory Structures. As an alternative to the fill requirements of § 21.208.01(r)(1), structures accessory to the uses identified in § 21.208.01(q) may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that:
         (A)   The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage.
         (B)   All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be:
            (i)   Adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls,
            (ii)   Be constructed with materials resistant to flood damage, and
            (iii)   Must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation.
         (C)   Designs for meeting this requirement must either be certified by a registered professional engineer in the State of Minnesota and meet or exceed the following criteria:
            (i)   To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
            (ii)   There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
      (3)   The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with § 21.208.01(r)(1) of this ordinance or if allowed as a conditional use under § 21.208.01(s)(3) below.
      (4)   The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation.
      (5)   All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters.
      (6)   The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
      (7)   All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.
      (8)   All new principal structures must have vehicular access at or above the regional flood elevation, or must have a flood warning /emergency evacuation plan acceptable to the City of Bloomington.
      (9)   Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
      (10)   Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location.
      (11)   Manufactured homes and recreational vehicles must meet the standards of § 21.208.01(z-aa) of this ordinance.
   (s)   Flood Fringe Area Conditional Uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in § 21.208.01(ee) of this ordinance.
      (1)   Any structure that is not elevated on fill or floodproofed in accordance with § 21.208.01(r)(1-2) of this ordinance.
      (2)   Storage of any material or equipment below the regulatory flood protection elevation.
      (3)   The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with § 21.208.01(r)(1) of this ordinance.
      (4)   The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in § 21.208.01(t)(6).
   (t)   Standards for Flood Fringe Conditional Uses.
      (1)   The standards listed in § 21.208.01(r)(4-10) apply to all conditional uses.
      (2)   Basements, as defined by this ordinance are subject to the following:
         (A)   Residential basement construction is not allowed below the regulatory flood protection elevation.
         (B)   Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with § 21.208.01(t)(3) of this ordinance.
      (3)   All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
      (4)   The placement of more than 50 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.
         (A)   The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.
         (B)   The plan must be prepared and certified by a registered professional engineer in the State of Minnesota.
         (C)   The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
      (5)   Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning.
      (6)   Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:
         (A)   Design and Certification - The structure's design and as-built condition must be certified by a registered professional engineer in the State of Minnesota as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.
         (B)   Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:
            (i)   The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect in the State of Minnesota certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and
            (ii)   That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.
   (u)   Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance.
      (1)   All lots within the floodplain areas must be able to contain a building site outside of the Floodway Area at or above the regulatory flood protection elevation.
      (2)   All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City of Bloomington. The plan must be prepared by a registered engineer in the State of Minnesota or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.
      (3)   For all subdivisions in the floodplain, the Floodway and Flood Fringe Area boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.
      (4)   If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that:
         (A)   All such proposals are consistent with the need to minimize flood damage within the flood prone area,
         (B)   All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and
         (C)   Adequate drainage is provided to reduce exposure of flood hazard.
   (v)   Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be:
      (1)   Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
      (2)   Constructed with materials and utility equipment resistant to flood damage;
      (3)   Constructed by methods and practices that minimize flood damage; and
      (4)   Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
   (w)   Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation.
   (x)   Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with § 21.208.01(m-t) of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
   (y)   On-Site Water Supply and Sewage Treatment Systems. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and
2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended.
   (z)   Manufactured Homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain area. For existing manufactured home parks or lots of record, the following requirements apply:
      (1)   Placement or replacement of manufactured home units is prohibited in the Floodway Area.
      (2)   If allowed in the Flood Fringe Area, placement or replacement of manufactured home units is subject to the requirements of § 21.208.01(q-t) of this ordinance and the following standards.
         (A)   New and replacement manufactured homes must be elevated in compliance with § 21.208.01(q-t) of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
         (B)   New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in § 21.208.01(u)(2).
   (aa)   Recreational Vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain area. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance.
      (1)   Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in § 21.208.01(aa)(2):
         (A)   Individual lots or parcels of record.
         (B)   Existing commercial recreational vehicle parks or campgrounds.
         (C)   Existing condominium-type associations.
      (2)   Criteria for Exempt Recreational Vehicles:
         (A)   The vehicle must have a current license required for highway use.
         (B)   The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.
         (C)   No permanent structural type additions may be attached to the vehicle.
         (D)   The vehicle and associated use must be permissible in any pre-existing, underlying zoning district.
      (3)   Recreational vehicles that are exempt in § 21.208.01(aa)(2) lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of § 21.208.01(q-t) of this ordinance. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur.
   (bb)   Zoning Administrator. The Planning Manager or designee must administer and enforce this ordinance.
   (cc)   Floodplain Permit Requirements.
      (1)   Permit Required. A floodplain permit must be obtained from the Planning Manager or designee prior to conducting the following activities in the Flood Hazard Overlay District:
         (A)   The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance.
         (B)   The use or change of use of a building, structure, or land.
         (C)   The construction of a dam, fence, or on-site septic system.
         (D)   The change or extension of a nonconforming use.
         (E)   The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
         (F)   The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
         (G)   Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for.
         (H)   Any other type of "development" as defined in this ordinance.
      (2)   Application for Floodplain Permit. Floodplain permit applications must be submitted to the Planning Manager or designee on forms provided by the Planning Manager or designee. The floodplain permit application must include the following as applicable:
         (A)   A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.
         (B)   Location of fill or storage of materials in relation to the stream channel.
         (C)   Copies of any required municipal, county, state or federal permits or approvals.
         (D)   Other relevant information requested by the Planning Manager or designee as necessary to properly evaluate the floodplain permit application.
      (3)   Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure in the Flood Hazard Overlay District may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Planning Manager or designee stating that the use of the building or land conforms to the requirements of this ordinance.
      (4)   Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect.
      (5)   Record of First Floor Elevation. The Planning Manager or designee must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.
      (6)   Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Planning Manager or designee must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
      (7)   Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Planning Manager or designee must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
   (dd)   Variances.
      (1)   Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and § 21.501.10.
      (2)   Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.
      (3)   Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
         (A)   Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
         (B)   Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
         (C)   Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      (4)   Flood Insurance Notice. The Planning Manager or designee must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.
      (5)   General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:
         (A)   The potential danger to life and property due to increased flood heights or velocities caused by encroachments;
         (B)   The danger that materials may be swept onto other lands or downstream to the injury of others;
         (C)   The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;
         (D)   The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;
         (E)   The importance of the services to be provided by the proposed use to the community;
         (F)   The requirements of the facility for a waterfront location;
         (G)   The availability of viable alternative locations for the proposed use that are not subject to flooding;
         (H)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
         (I)   The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area;
         (J)   The safety of access to the property in times of flood for ordinary and emergency vehicles;
         (K)   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
      (6)   Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Planning Manager or designee must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
      (7)   Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
      (8)   Record-Keeping. The Planning Manager or designee must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.
   (ee)   Conditional Uses.
      (1)   Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with § 21.501.04 of the zoning ordinance/code.
      (2)   Factors Used in Decision-Making. In acting upon conditional use applications, the Bloomington City Council or Planning Commission must consider all relevant factors specified in other sections of this ordinance, and those factors identified in § 21.208.01(dd)(5) of this ordinance.
      (3)   Conditions Attached to Conditional Use Permits. The Bloomington City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following:
         (A)   Modification of waste treatment and water supply facilities.
         (B)   Limitations on period of use, occupancy, and operation.
         (C)   Imposition of operational controls, sureties, and deed restrictions.
         (D)   Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
         (E)   Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
      (4)   Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Planning Manager or designee must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
      (5)   Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
   (ff)   Continuance of Nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in this ordinance, are subject to the provisions of § 21.208.01(ff)(1-6) of this ordinance.
      (1)   A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in § 21.208.01(ff)(2) below. Expansion or enlargement of uses, structures or occupancies within the Floodway Area is prohibited.
      (2)   Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in § 21.208.01(ff)(3-7) below.
      (3)   If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of § 21.208.01(m-t) of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe Area, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor.
      (4)   If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Planning Manager or designee in writing of instances of nonconformities that have been discontinued for a period of more than one year.
      (5)   If any nonconformity is substantially damaged, as defined in this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in § 21.208.01(m-t) will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
      (6)   If any nonconforming use or structure experiences a repetitive loss, as defined in this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance.
      (7)   Any substantial improvement, as defined in this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of § 21.208.01(m-t) of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe Area.
   (gg)   Penalties and Enforcement.
      (1)   Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.
      (2)   Other Lawful Action: Nothing in this ordinance restricts the City of Bloomington from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Planning Manager or designee within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly.
      (3)   Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of § 21.506.50. In responding to a suspected ordinance violation, the Planning Manager or designee and the Bloomington City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Bloomington must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
   (hh)   Amendments.
      (1)   Floodplain Designation - Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.
      (2)   Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval.
      (3)   Map Revisions Require ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in § 21.208.01(d) of this ordinance.
(Ord. 2016-21, passed 10-3-2016; Ord. 2017-15, passed 5-22-2017; Ord. 2024-28, passed 11-18-2024)

§ 21.208.02 BLUFF PROTECTION (BP) OVERLAY DISTRICT.

   (a)   Purpose. The Minnesota River Bluff (hereafter "Bluff") in Bloomington is a unique natural resource that occurs at the transition from urban development on the upland, to the Minnesota Valley National Wildlife Refuge and Recreation area in the floodplain of the Minnesota River. The BP Overlay District is intended to preserve the environmental, historic, and scenic value of the Bluff by establishing regulations that protect the integrity and natural character of the Bluff and protect downstream water quality while permitting reasonable use of land along the Bluff. The following plans inventory the Bluff and present the rationale for the provisions of the overlay zoning district: the Bloomington Forward 2040 Comprehensive Plan (2019), The Bluff Report District Plan (1982), the Minnesota River Valley Strategic Plan (2016), the Minnesota River Valley Natural and Cultural Systems Plan (2018), and the Lower Minnesota River Watershed District's Watershed Management Plan (2018).
   (b)   Definitions. For the purpose of this § 21.208.02 , the following definitions apply unless the context clearly indicates or requires a different meaning.
      AGRICULTURAL ACTIVITY. The use of land for the growing or production of agronomic, horticultural, or silvicultural crops, including nursery stock, sod, fruits, vegetables, flowers, cover crops, grains, Christmas trees, and grazing.
      BEST MANAGEMENT PRACTICES. Structural or non-structural methods used to treat runoff, including such diverse measures as ponding, street sweeping, filtration through a rain garden, and infiltration to a gravel trench.
      CONSTRUCTION. Disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or existing soil topography that may result in accelerated stormwater runoff and the movement of sediment into surface waters or drainage systems.
      DEVELOPMENT. The construction of any public or private improvement project, infrastructure, structure, street or road, or the subdivision or land.
      ELEVATION. Has the meaning of height above mean sea level.
      EXCAVATION. The artificial removal of soil or other earth material.
      FILL. Any rock, soil, gravel, sand, debris, plant cuttings, or other material placed onto land or into water.
      LAND DISTURBING ACTIVITY. Any change of the land surface to include removing vegetative cover, excavation, fill, grading, stockpiling soil, and the construction of any structure that may cause or contribute to erosion or the movement of sediment into water bodies. The use of land for new and continuing agricultural activities does not constitute a LAND DISTURBING ACTIVITY under these standards.
      LOCAL WATER PLAN. A plan adopted by each municipality pursuant to M.S.§ 103B.235.
      NATURAL VEGETATION. Any combination of ground cover, understory, and tree canopy that stabilizes soils, retains and filters runoff, provides habitat, and recharges groundwater regardless of whether altered by human activity.
      OVER-THE-BLUFF STORM WATER DISCHARGE. Sheet surface drainage which flows on the surface of the Minnesota River Bluff, or Nine Mile Creek Bluff, but does not include storm sewers which do not discharge within the Bluff Protection Overlay District.
      QUALIFIED PROFESSIONAL. A person, compensated for their service, possessing the education, training, experience, or credential to competently perform or deliver the service provided.
      RUNOFF. Rainfall, snowmelt, or irrigation water flowing over the ground surface.
      STEEP SLOPE. A natural topographic feature having average slopes of 18 percent or greater measured over a horizontal distance of 25 feet or more.
      STORMWATER. Stormwater runoff, snow melt runoff, and surface runoff and drainage.
   (c)   Applicability. The Bluff Protection Overlay District applies to all land within the city along the Bluff between the Flood Hazard Overlay District and the 800-foot elevation, including the area of the Nine Mile Creek valley south of 106th Street, as well as natural topographic features with an average slope of 18 percent or greater measured over a horizontal distance of 25 feet or more as shown on the steep slopes overlay district map adopted by the Lower Minnesota River Watershed District (LMRWD).
      (1)   Exception. Properties separated from the applicable area by a street and where surface water runoff drains to the municipal storm sewer system are not subject to the requirements herein.   
   (d)   Uses. All permitted principal, provisional, conditional, interim, limited and accessory uses allowed in the underlying Zoning District are permitted in the Bluff Protection Overlay District subject to the provisions of the primary zoning district.
   (e)   Standards. In addition to the provisions of the primary zoning district, the following provisions further regulate all development within the Bluff Protection Overlay District:   
      (1)   Development Prohibited below 760-foot elevation.
         (A)   No structure may be placed in the Bluff Protection Overlay District that would have a floor elevation below 760-foot elevation except as listed below.
            (i)   Exceptions.
               (aa)    Public or public utility structures that meet the requirements in § 21.208.02(e)(9).
               (bb)   Basement floor elevations below the 760-foot elevation may be permitted provided that no portion of any floor area below the 760-foot elevation is within 50 feet of a steep slope.
               (cc)   Expansion of structures existing on December 27, 1982 that have a floor elevation at or below 760 feet may be permitted provided that the expansion must not exceed the lot coverage below the 760-foot elevation existing on December 27, 1982 by more than 20%. Any expansion is also subject to the standards for steep slope areas.
      (2)   Steep Slopes.
         (A)   No variances may be considered from the steep slopes standards.
         (B)   On natural topographic features with an average slope of 18% or greater measured over a horizontal distance of 25 feet or more, as shown on the LMRWD's steep slopes overlay district map:
            (i)   No stormwater ponds, swales, infiltration basins, or other soil saturation-type features may be constructed.
            (ii)   Land disturbing activities that involve the disturbance of 50 cubic yards or more of earth or impact 5,000 square feet or more of surface area or vegetation are subject to the professional certification requirement in § 21.208.02(e)(2)(C).
            (iii)   Activities that require a permit for development that result in a net increase in impervious surface or stormwater runoff including, but not limited to, grading, building, foundation, or parking lot permits are subject to the professional certification requirement in § 21.208.02(e)(2)(C).
         (C)   Professional Certification Requirement. A qualified professional or a professional engineer registered in the State of Minnesota must certify the suitability of the area for the proposed activities, structures, or uses and certify the following measures will be taken:
            (i)   Site stabilization and slope restoration measures, including erosion and sediment control best management practices, as necessary, to ensure the proposed activity will not result in:
               (aa)   Adverse impacts to adjacent and downstream properties and water bodies;
               (bb)   Unstable slopes conditions; and
               (cc)   Degradation of water quality due to erosion, sedimentation, flooding, and other damage.
            (ii)   Preservation of existing hydrology and drainage patterns. Land disturbing activities must not result in any new water discharge points on steep slopes or along the bluff.   
         (D)   Exemptions from the Steep Slope Standards.
            (i)   Projects requiring a city issued grading, building, parking lot, or foundation permit that results in a net increase in impervious surface or stormwater runoff, but impacts less than 50 cubic yards and/or less than 5,000 square feet may be issued an exception to the standard for steep slopes. The exception, if issued, must be documented as described in a Memorandum of Agreement between the LMRWD and the city;
            (ii)   New impervious areas associated with driveway widenings that drain to the street where water runoff is managed by the city's storm sewer system;
            (iii)   Maintenance, repair, or replacement of existing structures, public roads, utilities, and drainage systems resulting in no net increase of impervious surface;
            (iv)   Disturbances that are part of an approved local water plan to repair, grade, or re-slope existing steep slopes that are eroding or unstable in order to establish stable slopes and vegetation;
            (v)   Native plantings that enhance natural vegetation of steep slopes;
            (vi)   Selective removal of noxious, exotic, or invasive vegetation using locally recognized methods to control and/or minimize their spread;
            (vii)   Pruning of trees or vegetation that are dead, diseased, pose a public hazard, or removal of vegetation in emergency situations from steep slopes;
            (viii)   Maintenance of existing lawns, landscaping, and gardens; and
            (ix)   Agricultural and forestry activities.
      (3)   Grading. No excavation, fill, or other movement of earth material may take place without issuance of a permit or approval by the issuing authority, with the exception of gardening, fence and deck footings, and selective vegetation removal.
         (A)   Preceding any construction within the BP Overlay District, erosion control measures must be employed. Following construction, soil stabilization must occur at the earliest possible time. Sodding, ground covers, shrubs and trees may be required by the issuing authority to fulfill this objective.
      (4)   Tree Removal. No trees greater than 12 inches in diameter measured four feet above ground level may be cut or removed without approval by the City Forester or as approved by the issuing authority.
      (5)   Water Discharge. Development or land alterations must not result in any concentration of water discharge directly over steep slopes without implementation of best management practices that disperse, filter, and slow the rate of stormwater runoff.
      (6)   Yard Waste Disposal. Yard waste, including grass clippings, must be disposed of properly and must not be dumped and allowed to accumulate according to § 10.38. Composting must follow the provisions of § 10.38.
      (7)   Single-Family Zoning Districts. The following additional standards apply to sites that are zoned R-1, RS-1 or R-1A:
         (A)   Impervious surface area within the Bluff Protection Overlay District must not exceed 20% of the lot area within the Bluff Protection Overlay District. This standard applies in conjunction with the impervious surface regulations of the underlying zoning district defined in § 21.301.01 and any applicable impervious surface regulations in § 21.303.04.
         (B)   At 800-foot elevation and lower, structure height must not exceed the 830-foot elevation.
      (8)   Zoning Districts other than Single-Family Residential (R-1, RS-1 and R-1A). The following additional standards apply to new development in all zoning districts except R-1, RS-1 or R-1A:
         (A)   The post-development over-the-bluff stormwater discharge rate must be no greater than the pre-development over-the-bluff stormwater discharge rate.
         (B)   Landscaping requirements, including amount of material, species, and density, must be consistent with the recommendations of the Minnesota River Valley Natural and Cultural Systems Plan and approved by the City Forester.
      (9)   Public and public utility structures. The following additional standards apply to public and public utility structures:
         (A)   The placement of public and public utility structures must not negatively impact the visual character or integrity of the Bluff.
         (B)   Public and public utility structures are limited to 1,500 square feet in floor area.
         (C)   Retaining walls may not exceed four feet in height and may not be terraced.
         (D)   Public and public utility structure design and color must be compatible with the surrounding areas and structures.
         (E)   Public and public utility structures must be screened by landscaping, screen fences or other materials when required by the City Council.
   (f)   Best management practices. The following best management practices are encouraged to filter, slow, and disperse surface water runoff:
      (1)   Minimize stormwater runoff over the Bluff.
      (2)   Limit or reduce impervious surfaces.
      (3)   Direct runoff from impervious surfaces into a storm sewer system or well vegetated area.
      (4)   Manage soil erosion.
      (5)   Plant bare areas with native seedlings or seeds of native species and mulch.
      (6)   Cover bare soils with biodegradable erosion control blankets and/or logs while vegetation becomes established.
      (7)   Maintain a healthy, native Bluff environment.
      (8)   Maintain an unmowed strip, 10 to 20 feet, of vegetation native to the Minnesota River Valley between areas of steep slopes and mowed lawns or paved surfaces.
(Ord. 2020-19, passed 6-1-2020; Ord. 2024-10, passed 6-17-2024; Ord. 2024-28, passed 11-18-2024)

§ 21.208.03 PLANNED DEVELOPMENT (PD) OVERLAY DISTRICTS.

   (a)   Intent. The purpose of the Planned Development Overlay District is to promote creative and efficient use of land by providing design flexibility in the application of development standards. The planned development provisions are also intended to create both private and public benefit by:
      (1)   Allowing improved site and structure design;
      (2)   Allowing development on multiple lots to function as one coordinated site;
      (3)   Ensuring coordination of phased development;
      (4)   Allowing the location of structures, facilities and lot lines on a site to be adjusted to protect natural features; and
      (5)   Allowing the shared use of facilities, including, but not limited to, parking, access and storm water management infrastructure.
   (b)   Uses. All uses allowed in the underlying zoning district are also allowed in the Planned Development Overlay District subject to any necessary approvals including, but not limited to, conditional uses and interim uses. Uses not allowed in the underlying zoning district are also not allowed in the Planned Development Overlay District.
   (c)   Flexibility in standards. Within the Planned Development Overlay District, the City Council may grant flexibility on development standards through the approval of preliminary and final development plans, subject to the following limitations and when such flexibility provides public benefit and meets the intent of the overlay district. Flexibility may not be granted that:
      (1)   Exceeds maximum structure coverage of a site by more than 50% of the applicable district provision;
      (2)   Exceeds maximum density or floor area ratio by more than 20% of the applicable district provision;
      (3)   Reduces minimum lot area and lot width by more than 25% of the applicable district provision;
      (4)   Reduces minimum setback in an industrial zoning district from a property line adjoining a residential zoning district;
      (5)   Does not conform to the requirements of the shore area regulations of § 21.303.01;
      (6)   Deviates from any of the requirements of Chapter 21, Article III, Division D, the sign code, except:
         (A)   The location of freestanding signs on the site;
         (B)   In Class II, III, and V sign districts, not more than 20% of the sign area allowed on any wall may be applied to increase the allowed sign area on any other wall, provided that the increased signage on any wall does not exceed the permitted area of signage by more than 40% of the area allowed on that wall by the regulations for the sign district; and
         (C)   In Class II, III, IV, and V sign districts, the number of freestanding signs may be increased so long as the total area of the proposed signs does not exceed the total area of the freestanding signs of the same type permitted in the sign district.
      (7)   Reduces minimum floor area ratio requirements by more than 20% of the applicable zoning district provision. This subsection does not apply to minimum non-residential floor area ratio requirements of § 21.302.02(b); and
      (8)   Reduces minimum residential density requirements by more than 20% of the applicable zoning district provision.
   (d)   Procedures. The zoning district map must not be amended to establish a new Planned Development Overlay District unless the City Council has also concurrently reviewed and approved an associated preliminary development plan for the site (see §§ 21.501.02 and 21.501.03). No permit for development within a Planned Development Overlay District may be granted unless the City Council or Planning Commission has approved a final development plan for the site (see § 21.501.03).
(Ord. 2024-28, passed 11-18-2024)

§ 21.208.04 AIRPORT RUNWAY OVERLAY DISTRICTS.

   (a)   Purpose and intent. The Airport Runway Overlay Districts are established to implement the 2004 Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) zoning ordinance (hereinafter 2004 MSP zoning ordinance). The 2004 MSP zoning ordinance, pursuant to the provisions and authority of M.S. § 360.063, as it may be amended from time to time, takes precedent within areas of the city regulating and restricting the height of structures and objects of natural growth and otherwise regulating the use of property in the vicinity of the Minneapolis-St. Paul International Airport. The 2004 MSP zoning ordinance creates zones and establishes boundaries that extend into the city.
   It is the purpose of the Airport Runway Overlay Districts to protect the public health, safety, order, convenience, prosperity and general welfare and to promote the most appropriate use of land by preventing the creation or establishment of Airport Hazards subject to the 2004 MSP zoning ordinance and Minnesota Statutes.
   (b)   Creation of districts and applicability. The Airport Runway Overlay Districts will apply to all land within the city designated as Safety Zone A and Safety Zone B in the 2004 MSP zoning ordinance. The following overlay districts are hereby established as follows:
   Airport Runway (AR-17) Overlay District. Includes all land in the city within Safety Zone A and Safety Zone B to the south of MSP Runway 17-35 as described in the 2004 MSP zoning ordinance and shown on MSP Zoning Map Safety Zones-Plate SZ-21 and Plate SZ-27 and shown on the zoning district map of the city; and
   Airport Runway (AR-22) Overlay District. Includes all land in the city within Safety Zone B to the southwest of MSP Runway 4-22 as described in the 2004 MSP zoning ordinance and shown on MSP Zoning Map Safety Zones-Plate SZ-20 and Plate SZ-21 and shown on the zoning district map of the city.
   (c)   Uses. All permitted principal, provisional, conditional, interim and accessory uses allowed in the primary zoning district are allowed in the Airport Runway Overlay Districts with the exception of the following prohibited uses.
      (1)   Airport Runway (AR-17) Overlay District.
         (A)   Within the portion of the Airport Runway (AR-17) Overlay District designated as Safety Zone A in the 2004 MSP zoning ordinance and shown on MSP Zoning Map Safety Zones-Plate SZ-21 there will be no structures or trees, except structures related to airport operations or air navigation as allowed in a runway protection zone by federal laws and regulations or by FAA advisory circulars.
         (B)   Within the portion of the Airport Runway (AR-17) Overlay District designated as Safety Zone B as contained in § V Land Use Safety Zoning of the 2004 MSP zoning ordinance and shown on MSP Zoning Map Safety Zones-Plate SZ-21 and Plate SZ-27, the following uses are prohibited unless a variance permitting the use is granted by the Board of Adjustment established by the 2004 MSP zoning ordinance:
            (I)   Amphitheaters;
            (II)   Campgrounds;
            (III)   Places of assembly;
            (IV)   Fuel storage tank farms;
            (V)   Above-ground fuel tanks;
            (VI)   Gasoline station;
            (VII)   Hospital;
            (VIII)   Nursing homes;
            (IX)   Residential uses (including low, medium and high density residential uses);
            (X)   Schools;
            (XI)   Stadiums;
            (XII)   Theaters;
            (XIII)   Trailer courts; and
            (XIV)   Ponds or other uses that might attract waterfowl or other birds such as putrescible waste disposal operations, wastewater treatment facilities and associated settling ponds, and dredge spoil containment areas; provided, however, the prohibition on ponds or other uses that might attract waterfowl or other birds does not apply to acres below an elevation of 800 feet above mean sea level along the bluff of the Minnesota River.
      (2)   Airport Runway (AR-22) Overlay District.
         (A)   Within the portion of the Airport Runway (AR-22) Overlay District designated as Safety Zone B as contained in § V Land Use Safety Zoning of the 2004 MSP zoning ordinance and shown on MSP Zoning Map Safety Zones-Plate SZ-20, the following uses are prohibited unless a variance permitting the use is granted by the Board of Adjustment established by the 2004 MSP zoning ordinance:
            (I)   Amphitheaters;
            (II)   Campgrounds;
            (III)   Places of assembly;
            (IV)   Fuel storage tank farms;
            (V)   Above-ground fuel tanks;
            (VI)   Gasoline station;
            (VII)   Hospital;
            (VIII)   Nursing homes;
            (IX)   Residential uses (including low, medium and high density residential uses) except in an established residential neighborhood in a built-up urban area;
            (X)   Schools;
            (XI)   Stadiums;
            (XII)   Theaters;
            (XIII)   Trailer courts; and
            (XIV)   Ponds or other uses that might attract waterfowl or other birds such as putrescible waste disposal operations, wastewater treatment facilities and associated settling ponds, and dredge spoil containment areas.
   (d)   Height. In addition to the restrictions of § 21.301.10, all structures in the Airport Runway (AR-17) Overlay District and Airport Runway (AR-22) Overlay District are subject to the height restrictions imposed by the 2004 MSP zoning ordinance.
      (1)   Airport Runway (AR-17) Overlay District. Within the Safety Zone B of Airport Runway (AR-17) Overlay District, except as necessary and incidental to airport operations, no new structure will be constructed or established; no existing structure will be altered, changed, rebuilt, repaired or replaced; and no tree will be allowed to grow or be altered, repaired or replaced, or replanted in any way so as to project above any airspace surface as shown on MSP Zoning Map Airspace Zones-Plate A-21 and Plate A-27.
      (2)   Airport Runway (AR-22) Overlay District. Within the Safety Zone B of the Airport Runway (AR-22) Overlay District, except as necessary and incidental to airport operations, no new structure will be constructed or established; no existing structure will be altered, changed, rebuilt, repaired or replaced; and no tree will be allowed to grow or be altered, repaired or replaced or replanted in anyway so as to project above any airspace surface as shown on MSP Zoning Map Airspace Zones-Plate A-20 and Plate A-21.
   (e)   2004 MSP zoning ordinance use variances. Within the Airport Runway Overlay Districts, variances to allow uses listed as prohibited in the Airport Runway Overlay Districts that are granted by the Board of Adjustment as contained in the 2004 MSP zoning ordinance may only be established in the city to the extent that they comply with all other provisions of this code. A use not allowed in the primary zoning district cannot be established under any circumstances.
(Ord. 2024-28, passed 11-18-2024; Ord. 2025-43, passed 11-17-2025)

§ 21.209 USE TABLES.

   (a)   Purpose. The use tables in this section depict the classification of land uses within zoning districts.
   (b)   Table key. The following labeling conventions apply to each table in this section.
      (1)   Uses. Uses are often defined in § 21.601. Uses not defined are subject to standard dictionary definitions.
      (2)   Permitted uses. Uses identified in the zoning district column with the letter “P” are allowed as permitted uses, primary or accessory, in the respective zoning district.
      (3)   Conditional uses. Uses identified in the zoning district column with the letter “C” are allowed as conditional uses, primary or accessory, in the respective zoning district. Conditional uses must obtain a conditional use permit prior to commencing.
      (4)   Interim uses. Uses identified in the zoning district column with the letter “I” are allowed as interim uses, primary or accessory, in the respective zoning district. Interim uses must obtain an interim use permit prior to commencing.
      (5)   Accessory uses. Uses identified in the zoning district column with the letter “A” are allowed as accessory uses in the respective zoning district as defined in § 21.601.
      (6)   Conditional accessory uses. Uses identified in the zoning district column with the letter “CA” are allowed as conditional accessory uses in the respective zoning district. Conditional accessory uses must obtain a conditional use permit before commencing and are subject to the floor area limitations of accessory uses discussed in subsection (b)(5) above.
      (7)   Limited uses. Uses identified in the zoning district column with the letter “L” are allowed as limited uses in the respective zoning district as defined in § 21.601.
      (8)   Conditional limited uses. Uses identified in the zoning district column with the letter “CL” are allowed as limited uses in the respective zoning district as defined in § 21.601 provided a conditional use permit is issued before the use commences.
      (9)   Prohibited uses. Uses not associated with a letter in the zoning district column are prohibited uses in the respective zoning district. Uses not listed are prohibited in all zoning districts.
      (10)   Standards. For ease of reference, uses for which specific standards apply include a table reference to the applicable code section.
   (c)   Residential Zoning Districts.
Use Type
Zoning District
References; See Listed Section
R-1
R- 1A
RS-1
R-3
R-4
RM-12
RM-24
RM-50
RM-100
Use Type
Zoning District
References; See Listed Section
R-1
R- 1A
RS-1
R-3
R-4
RM-12
RM-24
RM-50
RM-100
RESIDENTIAL
Dwellings
Single-family dwelling
P
P
P
P
Two-family dwelling
P
P
P
P
Townhouse/ rowhouse
P
P
P
P
Townhouse/row-house in single family zones in existence prior to January 26, 2015
P
Multiple-family dwelling
P
P
P
P
P
Multiple-family dwelling in single family zones in existence prior to January 26, 2015
P
Group Living
Co-living development
P
P
P
P
P
State reviewed (licensed, registered, etc.) residential care facility serving 6 or fewer persons
P
P
P
P
P
P
P
P
P
21.302.23; M.S. 144G, 245A.11, 245D, 462.357
State reviewed (licensed, registered, etc.) residential care facility serving 7 or more persons
P
P
P
P
P
21.302.06, 21.302.23; M.S. 144G, 245A.11, 245D, 462.357
State licensed residential care facility serving 7 or more persons in single family zones in existence prior to January 26, 2015
C
C
C
Dormitory
C
Other Residential
Transient lodging or bed and breakfast
Room or dwelling rental - 30 days or greater
P
P
P
P
P
P
P
P
P
Manufactured home park
C
C
C
C
C
C
C
Neighborhood unit developments in existence prior to January 26, 2015
P
Accessory dwelling unit
P
P
Home businesses, Type I
P
P
P
P
P
P
P
P
P
Home businesses, Type II
C
C
C
C
Customarily incidental feature for single-, two- and multiple-family dwellings
A
A
A
A
A
A
A
A
A
GOVERNMENT, INSTITUTIONAL, OPEN SPACE
Day Care Facilities and Services
Licensed day care facility
   Serving 12 or fewer persons
P
P
P
C
C
C
C
C
C
M.S. 462.357, subd. 7
   Serving 13 to 50 persons
C
C
C
C
C
C
M.S. 462.357, subd. 8
   Serving 13 or more persons in single family zones in existence prior to January 26, 2015
C
C
C
Licensed day care facility located within a place of assembly, school, college, or university
L
L
L
L
L
L
L
Licensed group family day care facility serving 14 or fewer children
P
P
P
C
C
C
C
C
C
M.S. 462.357, subd. 7
Unlicensed family day shelters
P
Educational Facilities
Schools (K-12)
C
C
C
C
C
C
C
College or university
C
C
C
C
C
C
C
College/university complementary medical office
P
College/university complementary retail
P
Specialty schools as primary use (music, dance) in single family zones in existence prior to January 26, 2015
C
Parks and Open Space
Publicly owned parks and recreational facilities as a principal use (e.g. parks, playgrounds, golf course/club house, tennis courts)
P
P
P
P
P
P
P
P
P
Private or commercial parks and recreational facilities as a principal use (e.g. playgrounds, golf course/clubhouse and tennis courts)
C
C
C
C
C
C
C
Community garden
P
P
P
P
P
P
P
P
P
21.302.05(b)(2)
Public Services and Utilities
Government facility, general
P
P
P
P
P
P
P
P
P
Government facility, limited in existence prior to January 26, 2015
C
C
C
C
C
C
C
C
C
Public utility facility, general
P
P
P
P
P
P
P
P
P
Public utility facility, limited
C
C
C
C
C
C
C
C
C
Social and Cultural Facilities
Place of assembly (does not include a cemetery)
C
C
C
C
C
C
C
Cemetery, mausoleum
P
Funeral home or mortuary in existence prior to January 26, 2015
P
Private food service in institutional uses
A
A
A
A
A
A
A
Funeral homes or mortuaries accessory to a cemetery or mausoleum
A
Columbaria accessory to place of assembly for worship. cemetery, or mausoleum
A
A
A
A
A
A
A
Conservatory or green house, accessory to institutional use
A
A
A
A
A
A
A
RETAIL/SERVICES
Medical Facilities
Office/clinic, medical or dental in existence prior to January 26, 2015
P
Office in existence prior to January 26, 2015
C
P
Retail Sales and Services
Plant nurseries and greenhouses in existence prior to January 26, 2015
P
Incidental retail sales and services
A
A
Restaurants when located within a multiple-family facility
CA
CA
GENERAL
Other General Uses
Agriculture, limited
P
P
P
P
P
P
P
P
P
Beekeeping
L
L
L
L
L
L
L
L
L
Off-street parking for a contiguous business, industrial use, public use, public or private school or place of assembly
C
C
C
C
C
C
C
Antenna, outside the right-of-way
L
L
L
L
L
L
L
L
L
Amateur radio tower
A
A
A
A
Tower, outside the right-of-way
CL
CL
CL
CL
CL
CL
CL
CL
CL
Tower or antenna in the right-of-way
P
P
P
P
P
P
P
P
P
Other uses customarily incidental and clearly subordinate to a permitted principal or conditional use
P
P
P
P
P
P
P
P
P
TEMPORARY/SEASONAL
Temporary Uses
Arts and crafts festival
P
P
P
P
P
P
Temporary Pandemic, Epidemic, or Emergency Service Facility
I
I
I
I
I
I
I
I
I
Entertainment and recreation special events
P
P
P
P
P
P
P
P
P
Transient merchant sales (in parks only, where incidental and subordinate to a special event)
L
L
L
Excavation and removal of sand, gravel, black dirt and other types of soil and mineral products not to exceed two years in duration
I
I
I
I
Farmers market
P
P
P
P
P
P
Mobile food unit in conjunction with entertainment and recreation special events
P
P
P
P
P
P
P
P
P
Mobile food unit
A
A
A
A
A
A
A
A
A
 
   (d)   Neighborhood and Freeway Commercial Zoning Districts.
Use Type
Zoning District
References; See Listed Section
B-1
B-2
B-4
C-1
C-2
C-3
C-4
C-5
Use Type
Zoning District
References; See Listed Section
B-1
B-2
B-4
C-1
C-2
C-3
C-4
C-5
RESIDENTIAL
Residences
Multiple-family residence
P
P
P
P
P
P
P
Townhouse/rowhouse
P
P
P
P
P
Other Residential
Co-living development
P
P
P
P
P
State reviewed (licensed, registered, etc.) residential care facility serving 7 or more persons
A
21.302.06, 21.302.23; M.S. 144G, 245A.11, 245D, 462.357
Nursing home/adult care home
P
P
P
P
P
Manufactured home park
C
C
C
C
C
GOVERNMENT, INSTITUTIONAL, OPEN SPACE
Educational Facilities
Day care facility
P
P
P
L
L
L
P
L
College or university
CL
CL
CL
C
CL
Instructional center
P
P
P
L
L
L
L
L
School (K-12)
CL
CL
CL
C
CL
Sports training facility
L
L
L
P
L
Parks and Open Space
Community garden
L
L
L
L
L
L
L
L
Parks
P
P
P
P
P
P
P
P
Public Services and Utilities
Government facility, general
P
P
P
P
P
P
P
P
Government facility, limited
Public utility facility, general
P
P
P
P
P
P
P
P
Public utility facility, limited
C
C
C
C
Social and Cultural Facilities
Community education or arts center
P
P
P
P
P
P
P
P
Conservatory
L
L
L
L
L
L
L
L
Convention center
C
C
C
C
C
Library
P
P
P
P
Major commercial golf facility
C
C
C
C
Museum
P
P
P
P
P
P
P
P
Place of assembly
C
CL
CL
CL
Social service distribution facility
P
P
P
L
OFFICE and RETAIL/SERVICES
OFFICE
Home businesses, Type I
P
P
P
P
P
Home businesses, Type II
Office, general
P
P
P
P
P
P
P
P
Office/warehouse in existence prior to January 1, 2010
P
Manufacturing as part of an approved warehouse
A
Warehousing, Limited
L
Data Center
L
Craft and micro-brewery/distillery/winery
P
P
P
P
L
L
L
Chapter 13 Article I, Chapter 14 Article I, 21.302.29
Brewery, regional/national
RETAIL/SERVICES
Accommodations
Hotel/motel
P
P
P
P
P
P
Bed and breakfast
Transient lodging within a residential dwelling unit
Medical Facilities
Hospital
C
C
C
C
C
Laboratory, medical or dental
P
P
P
P
P
L
P
L
Office, medical or dental
P
P
P
P
P
P
P
P
Motor Vehicle Services
Car wash
C
CA
CA
Convenience facility with fuel sales
P
P
Integrated fuel sales
A
A
A
A
Motor vehicle sales, Class I
P
Motor vehicle sales, Class II
A
Motor vehicle sales, Class III
C
C
C
Motor vehicle sales, Class IV
P
P
P
P
P
P
P
P
Motor vehicle sales, enclosed
P
P
P
P
L
P
Motor vehicle sales, high density
P
P
Motor vehicle sales in existence in the B-2 District prior to January 1, 2010
P
Motor vehicle sales in the C-4 and C-5 Districts in existence prior to January 26, 2015
P
P
Motor vehicle storage lot
Remote airport parking
Towing service
CA
CA
Vehicle repair, major
C
A
C
Vehicle repair, minor
C
A
C
Vehicle rental facility
P
L
Recreation and Entertainment
Health club
P
P
P
P
L
L
L
Health club in existence in the C-4 District prior to January 1, 2010
P
Recreation and entertainment, indoor
P
P
P
P
P
L
P
Recreation and entertainment, outdoor
CL
CL
Studio, audio or video
P
P
P
P
P
P
P
Restaurants and Food Service
Catering business, major
P
P
P
Catering business, minor
P
P
P
P
P
P
Private food service
A
A
A
A
A
A
A
A
Restaurant, with drive through (including drive-in)
C
C
C
C
CL
CL
CL
Restaurant with rooftop seating
C
C
C
C
CL
CL
CL
Restaurant without drive through and rooftop seating
P
P
P
P
L
L
L
Brewpub
P
P
P
P
L
L
L
Chapter 13 Article I, Chapter 14 Article I, 21.302.29
Taproom/cocktail room
P
P
P
P
L
L
L
Chapter 13 Article I, Chapter 14 Article I, 21.302.29
Retail Sales and Services
Bank or financial institution with drive-through
P
P
P
P
L
L
L
Bank or financial institution without drive-through
P
P
P
P
P
L
P
Financial institution - limited
A
Body art establishment
L
P
P
L
P
P
L
P
Currency exchange
P
L
Exterminating shop
P
P
P
P
P
Firearm sales, incidental
P
P
P
P
P
Firearm sales, primary
C
CL
CL
Funeral homes, mortuaries, crematories
P
P
Pawn shops
C
C
Pet services facility
P
P
P
P
P
Retail sales and services
L
P
P
L
P
P
L
P
Therapeutic massage enterprise
P
P
P
P
P
L
L
L
GENERAL
Billboards in existence prior to June 1, 1994
Wholesaling in existence in the B-2 District prior to January 1, 2010
P
Accessory
Accessory building
A
A
A
A
A
A
A
A
Antenna, outside the right-of-way
L
L
L
L
L
L
L
L
Fuel pump, private
A
A
A
Helistop
CA
CA
CA
CA
CA
Hotel airport parking
Hotel manager dwelling unit
A
A
A
A
A
A
Tower, outside the right-of-way
CL
CL
CL
CL
CL
Tower or antenna in the right-of- way
P
P
P
P
P
P
P
P
Vehicle rental accessory to Class I motor vehicle sales
CA
21.302.38 ( e )
Other uses customarily incidental and clearly subordinate to a permitted principal or conditional use
A
A
A
A
A
A
A
A
Agriculture
Agriculture, limited
Beekeeping
L
L
L
L
L
L
L
L
TEMPORARY/SEASONAL
Arts and craft festival
P
P
P
P
P
P
P
P
Seasonal sales, outdoor
A
A
A
A
A
Entertainment and recreation special events
P
P
P
P
P
P
P
P
Temporary Uses
Mobile food unit
P
P
P
P
P
P
P
P
Transient merchant sales (interior to hotels)
A
A
A
A
A
A
Farmers market
P
P
P
P
P
P
P
P
Temporary Pandemic, Epidemic, or Emergency Service Facility
I
I
I
I
I
I
I
I
 
   (e)   Industrial Zoning districts.
Use Type
Zoning District
References; See Listed Section
IT
I-1
I-2
I-3
IP
TI
FD-2
Use Type
Zoning District
References; See Listed Section
IT
I-1
I-2
I-3
IP
TI
FD-2
RESIDENTIAL
Residences
Multiple-family dwelling
C
C
Work/live unit
C
C
C
C
C
C
Dwelling for watchman
A
A
A
A
A
A
Group Living
Co-living development
C
C
State reviewed (licensed, registered, etc.) residential care facility
C
C
21.302.23, M.S. 144G, 245A.11, 245D, 462.357
Dormitory
Other Residential
Home businesses, Type I
A
A
Home businesses, Type II
C
C
Customarily incidental feature
A
A
A
A
A
A
A
GOVERNMENT, INSTITUTIONAL, OPEN SPACE
Educational Facilities
Day care facility
A
A
A
A
A
C
C
College or university
C
C
C
C
C
C
Instructional center
P
P
P
P
P
P
P
Schools (K-12)
Sports training facility
P
P
P
P
P
Parks and Open Space
Community garden
L
L
L
L
L
L
L
Parks
P
P
P
P
P
P
P
Public Services and Utilities
Government facility, general
P
P
P
P
P
P
P
Government facility, limited
P
P
P
P
P
P
P
Public utility facility, general
P
P
P
P
P
P
P
Public utility facility, limited
P
P
P
P
P
P
P
Social and Cultural Facilities
Community education or arts center
P
P
Conservatory
P
P
Convention center
P
P
Crematories
P
P
P
Cultural Campus
C
C
Library
P
P
Museum
P
P
Place of assembly in existence prior to January 17, 2019 not to exceed 50% of building floor area
C
C
Social service distribution facility
P
P
P
P
P
P
P
OFFICE AND RETAIL/SERVICES
OFFICE
Office, general, medical, or dental
P
P
P
P
P
P
P
RETAIL
Accommodations
Hotel/motel
P
P
Hotel/motel in existence prior to January 17, 2019
P
P
P
Bed and breakfast
Transient lodging within a residential dwelling unit
Medical Facilities
Laboratory, medical or dental
P
P
P
P
P
P
P
Hospital
Motor Vehicle Services
Car wash adjacent to collector or arterial streets.
L
C
Convenience facility with fuel sales
C
C
C
Convenience facility with fuel sales in existence prior to February 6, 2023
C
C
C
C
Integrated fuel sales
Service and/or fuel station
C
C
C
Service and/or fuel station in existence prior to February 6, 2023
C
C
C
C
Junk car disposal business (within building and next to railroad tracks)
C
Motor vehicle sales, Class I, Class II, and enclosed in existence prior to January 17, 2019
C
Motor vehicle sales, Class III
C
C
Motor vehicle sales, Class IV
P
P
P
P
P
P
P
Motor vehicle parking lot
C
Remote airport parking
Truck or trailer rental
C
Truck or trailer rental in existence prior to February 6, 2023
C
C
Towing service
C
Towing service in existence prior to February 6, 2023
C
C
Vehicle repair, major
A
A
P
C
Vehicle repair, major in existence prior to February 6, 2023
A
A
P
P
Vehicle repair, minor
A
A
P
P
Vehicle repair, minor in existence prior to February 6, 2023
A
A
P
P
Auto body shop
P
Auto body shop in existence prior to February 6, 2023
P
P
Car care center in existence prior to January 17, 2019
C
Vehicle rental facility (less than 35 vehicles)
C
Recreation and Entertainment
Health club
P
Health club, adjacent to arterial or collector road and not exceeding 50% building floor area
P
P
P
P
P
P
Recreation and entertainment, indoor
P
P
Recreation and entertainment, outdoor
C
C
Studio, audio or video
P
P
P
P
P
P
P
Restaurants and Food Service
Catering business, major
P
P
P
P
P
Catering business, minor
P
P
P
P
P
Private food service
A
A
A
A
A
A
A
Restaurant, with drive-through (including drive-in)
C
Restaurant with rooftop seating
C
C
C
C
C
Restaurant without drive-through and rooftop seating
L
P
P
P
P
Brewpub
A
P
P
P
P
Taproom/cocktail room
P
P
P
P
P
P
Self-brewing facility
P
P
P
P
P
P
Retail Sales and Services
Artisan shop
A
P
Bank or financial institution
P
P
P
Financial institution - limited
L
L
L
L
L
L
L
Body art establishment
P
Currency exchange
P
P
P
Exterminating shop
P
Firearm sales
Pawn shops
Pet services facility
L
P
P
P
Retail sales, heavy equipment
C
C
Retail sales, incidental up to 10% of floor area for products manufactured onsite
A
A
A
A
A
A
A
Retail sales, incidental to hotel or office - general, medical or dental
A
A
A
A
A
A
A
Retail sales and services
P
Showroom
A
A
A
P
A
Therapeutic massage enterprise
L
L
Technology and Manufacturing
Cannabis combination business
C
Cannabis manufacturer
C
C
C
C
C
C
Cannabis testing facility
C
C
C
C
C
C
C
Craft and micro-brewery/distillery/winery
P
P
P
P
P
P
Brewery, regional/national
P
P
P
P
Data Center
L
P
P
P
L
Low impact, high-technology manufacturing
P
P
P
P
P
P
P
Machinery & equipment repair, heavy
P
Machinery & equipment repair, heavy in existence prior to February 6, 2023
P
P
Machinery & equipment repair, light
P
P
P
P
P
P
Manufacturing
P
P
P
P
P
P
Makerspace
P
P
P
P
P
P
Printing and Publishing
P
P
P
P
P
P
P
Research laboratories
P
P
P
P
P
P
P
Warehousing
A
P
P
P
P
P
P
Wholesaling
P
P
P
P
P
P
GENERAL
Accessory
Accessory building
A
A
A
A
A
A
A
Antenna, outside the right-of-way
L
L
L
L
L
L
L
Fuel pump, private
A
A
A
A
A
A
A
Helistop
CA
CA
CA
CA
CA
CA
CA
Hotel airport parking
Tower, outside the right-of-way
C
C
C
C
C
C
C
Tower or antenna in the right-of-way
P
P
P
P
P
P
P
Other uses customarily incidental and clearly subordinate to a permitted principal or conditional use
A
A
A
A
A
A
A
Agriculture
Agriculture, limited
Agriculture, indoor
C
C
C
C
C
C
C
Beekeeping
L
L
L
L
L
L
L
Miscellaneous
Dry cleaning and laundry processing
C
C
Excavation and removal of soil and mineral products
Exterior storage as a primary use
Exterior storage as a primary use legally in existence prior to January 17, 2019
C
C
C
C
Exterior storage, Incidental
P
P
P
P
P
P
P
Firing range
C
C
C
C
Gravel crushing and bituminous treatment plants
Household hazardous waste
C
C
Railroad lines and spurs
C
C
C
C
C
C
C
Recycling collection facilities
C
C
Self-storage facilities
C
C
C
Sexually-oriented businesses
P
P
P
P
Solid waste transfer facilities
C
C
TEMPORARY/SEASONAL
Seasonal Uses
Seasonal sales, outdoor
A
Special Events
Entertainment and recreation special events
P
P
P
P
P
P
P
Farmers market
P
P
P
P
P
P
P
Temporary Uses
Mobile food unit
P
P
P
P
P
P
P
Temporary retail sales, donated items
P
P
P
P
P
P
P
Transient merchant sales (interior to hotels)
A
A
A
Temporary Pandemic, Epidemic, or Emergency Service Facility
I
I
I
I
I
I
I
 
   (f)   Specialized zoning districts.
Use Type
Zoning District
References
See Listed Section
CX-2
LX
Use Type
Zoning District
References
See Listed Section
CX-2
LX
RESIDENTIAL
Residences
Multiple-family residence
P
Other Residential
Co-living development
P
Manufactured home park
C
GOVERNMENT, INSTITUTIONAL, OPEN SPACE
Educational Facilities
Day care center
P
P
College or university
P
C
Instructional center
P
School (K-12)
P
Sports training facility
P
Parks and Open Space
Community garden
P
P
Parks
P
P
Public Services and Utilities
Government facility, general
P
P
Government facility, limited
Public utility facility, general
P
P
Public utility facility, limited
C
Social and Cultural Facilities
Community education or arts center
P
P
Conservatory
P
P
Convention center
P
P
Library
P
P
Museum
P
P
Place of assembly
P
Social service distribution facility
P
P
OFFICE and RETAIL/SERVICES
OFFICE
Home businesses, Type I
P
Home businesses, Type II
Office, general
P
P
RETAIL/SERVICES
Accommodations
Hotel/motel
P
P
Bed and Breakfast
Transient lodging within a residential dwelling unit
Medical Facilities
Laboratory, medical or dental
P
P
Office, medical or dental
P
P
Hospital
P
Motor Vehicle Services
Car wash
Convenience facility with fuel sales
Integrated fuel sales and/or car wash
A
A
Motor vehicle sales, Class I
Motor vehicle sales, Class II
Motor vehicle sales, Class III
Motor vehicle sales, Class IV
P
P
Motor vehicle sales, enclosed
P
P
Motor vehicle storage lot
Remote airport parking
C
Towing service
Vehicle repair, major
Vehicle repair, minor
Vehicle rental facility
C
Recreation and Entertainment
Health club
P
P
Recreation and entertainment, indoor
P
P
Recreation and entertainment, outdoor
C
Studio, audio or video
P
P
Restaurants and Food Service
Private food service
A
A
Restaurant, with drive through (including drive-in)
Restaurant, with outdoor or rooftop seating, or both
P
P
Restaurant, without drive through and without outdoor or rooftop seating
P
P
Brewpub
P
P
Taproom/cocktail room
P
P
Retail Sales and Services
Artisan shop
P
P
Bank or financial institution
P
P
Body art establishment
P
L
Currency exchange
P
L
Exterminating shop
Firearms sales, incidental
P
P
Firearm sales, primary
Funeral homes, mortuaries, crematories
C
Pawn shops
Pet services facility
P
L
Retail sales and services
P
P
Therapeutic massage enterprise
P
P
Technology and Manufacturing
Cannabis testing facility
C
C
Technology campus
P
Low impact, high-technology manufacturing
Printing and publishing
Research laboratories
P
P
Warehousing
Craft and micro- brewery/distillery/winery
P
P
Brewery, regional/national
GENERAL
Accessory
Accessory building
A
A
Antenna, outside the right-of- way
L
L
Fuel pump, private
Helistop
CA
Hotel airport parking
Hotel manager dwelling unit
A
A
Tower, outside the right-of-way
CL
Tower or antenna in the right-of- way
P
P
Other uses customarily incidental and clearly subordinate to a permitted principal or conditional use
A
A
Agriculture
Agriculture, limited
Beekeeping
L
L
TEMPORARY/SEASONAL
Arts and crafts festival
P
P
Seasonal Uses
Seasonal sales, outdoor
I
I
Special Events
Entertainment and recreation special events
P
P
Farmers market
P
P
Temporary Uses
Mobile food unit
P
P
Transient merchant sales (interior to hotels)
A
A
Temporary Pandemic, Epidemic, or Emergency Service Facility
I
I
 
   (g)   Certificate of occupancy required. Where required by the current State Building Code, no building or premises may hereafter be used or occupied and no change in the occupancy classification of a building, structure or portion of a building or structure may be made, unless a certificate of occupancy is issued by the issuing authority.
   (h)   Permitted uses in all zoning districts. The following uses must be construed to be permitted in all zoning districts within the city:
      (1)   Public streets and highways; and
      (2)   Underground public utilities.
   (i)   Prohibited uses in all zoning districts. These following uses must be construed to be prohibited in all zoning districts within the city.
      (1)   Dealer in motor vehicles. No building, structure, lot, yard, area or premises within the city will be kept, used or maintained by a dealer in motor vehicles for the purpose of therein or thereon keeping, storing, handling, buying, selling, leasing, wholesaling, brokering, auctioning or displaying any new, used, secondhand or junked motor vehicle or motor vehicle accessories when of a temporary or transient nature. A dealer in motor vehicles can only engage in such businesses at a permanent location and in accordance with permitted or conditional zoning district requirements. This provision does not apply to the occasional sale of a motor vehicle by a private owner upon his or her own property in a residential zone.
      (2)   Bungee jumping.
         (A)   Purpose. The City Council finds that the practice of bungee jumping, also known as bungee cord jumping and reverse bungee jumping, has resulted in personal injuries and deaths which are likely to continue to occur. The City Council notes that most bungee jumping operations are conducted in combination with the use of a crane which has not been designed or manufactured for those purposes. The City Council concludes that bungee jumping is an inherently dangerous and life- threatening practice, likely to cause great harm or death to the participants.
         (B)   Definition.
            BUNGEE JUMPING means the sport, activity or practice of jumping, stepping out, dropping or otherwise being released into the air while attached or fastened to a cord made of rubber, latex or other elastic type material, whether natural or synthetic, whereby the cord stops the fall, lengthens and shortens, allows the person to bounce up and down and is intended to finally bring the person to a stop at a point above the surface.
         (C)   Prohibition. The practice of bungee jumping in any form whatsoever, whether open to the general public or for demonstration, exhibition or other purposes, is hereby prohibited.
(Ord. 2006-35, passed 9-11-2006; Ord. 2007-48, passed 12-17-2007; Ord. 2007-50, passed 12-17-2007; Ord. 2009-19, passed 7-6-2009; Ord. 2009-25, passed 8-24-2009; Ord. 2009-33, passed 11-2-2009; Ord. 2009-34, passed 11-2-2009; Ord. 2010-1, passed 1-4-2010; Ord. 2010-16, passed 6-7-2010; Ord. 2010-28, passed 11-1-2010; Ord. 2011-16, passed 8-1-2011; Ord. 2013-7, passed 4-1-2013; Ord. 2013-26, passed 11-4-2013; Ord. 2014-5, passed 2-3-2014; Ord. 2015-3, passed 1-26-2015; Ord. 2015-5, passed 1-26-2015; Ord. 2015-18, passed 6-22-2015; Ord. 2015-26, passed 10-19-2015; Ord. 2015-27, passed 10-19-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-3, passed 2-22-2016; Ord. 2016-6, passed 4-18-2016; Ord. 2016-28, passed 11-21-2016; Ord. 2016-32, passed 12-19-2016; Ord. 2017-9, passed 5-1-2017; Ord. 2017-13, passed 5-22-2017; Ord. 2017-17, passed 6-5-2017; Ord. 2017-23, passed 7-10-2017; Ord. 2018-14, passed 6-4-2018; Ord. 2018-15, passed 6-25-2018; Ord. 2019-2, passed 1-7-2019; Ord. 2019-3, passed 1-7-2019; Ord. 2019-4, passed 1-7-2019; Ord. 2019-5, passed 1-7-2019; Ord. 2019-20, passed 3-25-2019; Ord. 2019-47, passed 12-2-2019; Ord. 2019-50, passed 12-16-2019; Ord. 2019-55, passed 12-16-2019; Ord. 2019-56, passed 12-16-2019; Ord. 2019-62, passed 12-16-2019; Ord. 2019-63, passed 12-16-2019; Ord. 2020-1, passed 2-24-2020; Ord. 2020-13, passed 5-4-2020; Ord. 2020-25, passed 7-6-2020; Ord. 2020-27, passed 7-27-2020; Ord. 2020-32, passed 10-5-2020; Ord. 2020-45, passed 12-21-2020; Ord. 2021-14, passed 6-14-2021; Ord. 2021-38, passed 11-29-2021; Ord. 2022-1, passed 1-10-2022; Ord. 2022-12, passed 4-25-2022; Ord. 2022-16, passed 5-9-2022; Ord. 2022-18, passed 5-9-2022; Ord. 2022-43, passed 9-12-2022; Ord. 2022-57, passed 12-19-2022; Ord. 2022-64, passed 12-19-2022; Ord. 2023-2, passed 2-6-2023; Ord. 2023-3, passed 2-6-2023; Ord. 2023-16, passed 5-22-2023; Ord. 2023-30, passed 12-4-2023; Ord. 2023-31, passed 12-4-2023; Ord. 2024-4, passed 2-26-2024; Ord. 2024-21, passed 9-30-2024; Ord. 2024-24, passed 10-14-2024; Ord. 2024-28, passed 11-18-2024; Ord. 2024-35, passed 12-2-2024; Ord. 2025-02, passed 2-24-2025; Ord. 2025-07, passed 4-28-2025; Ord. 2025-09, passed 5-19-2025; Ord. 2025-19, passed 9-29-2025; Ord. 2025-27, passed 11-17-2025; Ord. 2025-42, passed 11-17-2025; Ord. 2025-50, passed 11-17-2025)

§ 21.210 CONFLICTING PROVISIONS.

   In the event that the provisions of this Article II are inconsistent with one another or if the provisions of this Article II conflict with provisions found in other adopted regulations of the city, the more restrictive provision will control. When the provisions of this Article II impose a greater restriction than imposed by any easement, covenant, deed restriction or private agreement, the provisions of this Article II control.
(Ord. 2006-35, passed 9-11-2006)