(a)   Purpose. The tables in this section depict required floor area ratio, building floor area, impervious surface area, site width and site area standards by zoning district.

   (b)   Table key. The following labeling conventions apply to each table in this section.

      (2)   Floor area ratio; maximum. The floor area ratio on a site must not exceed the listed maximum for the respective zoning district.

      (3)   Building floor area; minimum. Building floor area, expressed in gross square feet, for each building on a site must meet or exceed the listed minimum for the respective zoning district.

      (4)   Impervious surface area; maximum. The total impervious surface area on a site may not exceed the listed maximum for the respective zoning district.

      (5)   Site width; minimum. The site width, measured at the minimum required structure setback for the respective zoning district must meet or exceed the listed minimum for the respective zoning district.

      (6)   Site area; minimum. The gross site area must meet or exceed the minimum listed for the respective zoning district.

      (7)   Not applicable. Standards identified in the zoning district row with the letters “NA” do not apply within the respective zoning district.

      (8)   Density - minimum. The density on a site must meet or exceed the listed density for the respective zoning district.

      (9)   Density - maximum. The density on a site must not exceed the listed maximum for the respective zoning district.

   (c)   Residential Zoning Districts.

      (1)   Residential site standards.

 

         (A)   Site width. Site width for non-corner sites must be at least 60 feet in the R-1 and RS-1 zoning districts and at least 100 feet in the R-1A zoning district. Corner site width at both of the minimum required front setback lines must be at least 100 feet in the R-1, RS-1 and R-1A zoning districts. Single and two-family residential sites approved by the city after August 31, 2006 must meet minimum site width requirements at the front setback line and over the first 50 feet of the site beyond the required front setback line.

            (i)   Graphic illustration. Site width measurements.

         (B)    Storm water. To mitigate the impacts of increased storm water runoff rates and volume, single-family dwellings must meet the following storm water standards:

            (i)   Erosion and sediment control must meet the requirements of Chapter 16 of the city code;

            (ii)   The area of impervious surface on a single-family residential site may not exceed 12,000 sq. ft. plus 1,000 sq. ft. for each full acre of lot size over one acre.

            (iii)   Single-family residential sites less than 11,000 square feet in area may exceed 35% of impervious surface up to a maximum of 45% with approval from the City Engineer or designee prior to issuance of a grading, foundation, or building permit, subject to the following requirements:

               (aa)   Approval of stormwater management plans consistent with the requirements of Chapter 16 of the city code and the city's Comprehensive Surface Water Management Plan.

               (bb)   Additional impervious surface above 35% must be mitigated by installing on-site trees at a rate of one tree per three percent of impervious surface area above 35%, with a minimum requirement of one tree, unless a waiver is granted by the Issuing Authority based upon existing tree canopy cover of the single-family residential site. Trees must be overstory trees, except sites that require more than one tree may use one ornamental tree in lieu of one overstory tree. A maximum of one ornamental tree may be installed to satisfy the mitigation requirement.

         (C)   Minimum gross density may be reduced by ten dwelling units per acre provided that structure lot coverage does not exceed 20% of the lot area and provided that the remaining vacant lot area provides reasonable opportunity for residential development above the minimum gross density for the entire site.

         (D)   Maximum gross density may be increased an additional ten dwelling units per acre provided that the lot area is in excess of 200,000 square feet, that the property fronts on an arterial street and that it is contiguous to public open space larger than the site itself.

      (2)   Nonresidential site standards.

 

 

         (A)   Fire stations are not subject to the maximum floor area ratio and maximum impervious surface standards for non-residential sites in residential zoning districts. Fire stations are required to be strategically located within residential zoning districts to meet the public health, safety, and welfare needs of the city in order to minimize emergency response times.

      (3)   Building floor area minimum.

 

   (d)   Commercial and Industrial Zoning Districts.

 

(Ord. 2006-35, passed 9-11-2006; Ord. 2006-54, passed 12-18-2006; Ord. 2009-1, passed 1-26-2009; Ord. 2010-16, passed 6-7-2010; Ord. 2013-26, passed 11-4-2013; Ord. 2015-3, passed 1-26-2015; Ord. 2015-5, passed 1-26-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2017-13, passed 5-22-2017; Ord. 2019-2, passed 1-7-2019; Ord. 2020-1, passed 2-24-2020; Ord. 2021-24, passed 8-2-2021; Ord. 2022-73, passed 12-19-2022; Ord. 2023-3, passed 2-6-2023; Ord. 2023-16, passed 5-22-2023; Ord. 2023-36, passed 12-18-2023; Ord. 2024-28, passed 11-18-2024; Ord. 2025-02, passed 2-24-2025)

   (a)   Purpose. The tables in this section depict minimum and maximum structure setback requirements by zoning district.

   (b)   Table key. The following labeling conventions apply to each table in this section.

      (2)   Rear and side. For corner sites that abut two public streets and for which it is not apparent due to lot configuration or past approval which property line is the rear and which property line is the side, the applicant may select which property line to consider rear and which to consider side.

      (3)   Abutting residential. For the purpose of determining the required setback abutting residential, a site is considered to be “residential” if it is guided residential by the Comprehensive Plan.

      (4)   Building facade with street frontage. Where applicable, at least 75% of any building facade with street frontage must meet the listed maximum setback requirement. The City Council may waive maximum setback requirements through the planned development process for buildings with more than two street frontages.

   (d)   Residential District setbacks.

 

 

 

      (3)   Exception for setbacks from side property lines abutting streets. Where single-family dwellings were legally constructed with a setback of 20 feet or more from a side property line abutting a street, the dwelling may be expanded without a setback variance provided the existing setback is maintained or increased. Where garages were legally constructed with a setback of 20 feet or more from a side property line abutting a street, the garage may be expanded without a setback variance provided the existing setback is maintained or increased and provided additional or expanded garage doors are not proposed to face the side property line abutting a street.

   (e)   Commercial and Industrial Zoning District setbacks.

 

   (f)   Mixed Use District standards. To promote the intended character and pedestrian orientation, commercial structures in the mixed use districts (B-4, C-5, LX) must generally be located near the street with parking to the side or rear subject to the following requirements:

      (1)   Structure placement. See § 21.301.02(e) for applicable standards.

      (2)   Parking placement. Off-street parking 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 § 21.301.02(f)(5); or

         (C)   The site has received an exemption for sites with multiple street frontages in accordance with § 21.301.02(f)(6).

         Off-street parking may be located on the rooftops of buildings. Examples of permitted parking configurations are illustrated in § 21.301.02(f)(8).

      (3)   Street enclosure. It is the intent of the mixed use districts (B-4, C-5, LX) to foster a more urban character by establishing clearly defined street edges enclosed by buildings and other vertical elements. The highest degree of enclosure should be provided on the street determined by the Issuing Authority to be the most pedestrian-oriented; this is considered the primary street. All other streets are considered to be secondary streets. A combination of building frontage and other vertical elements may be used to enclose and define the street edge as follows:

         (A)   Primary street. At least 50% of the linear primary street frontage 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. 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 may be amended from time to time.

         (B)   Secondary street. At least 30% of the linear secondary street frontage must contain buildings. An additional 20% must be enclosed by buildings and/or vertical elements, located along the minimum building setback line. 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.

      (4)   Corner sites. It is the intent of the mixed use districts (B-4, C-5, LX) to promote an attractive streetscape by having buildings or gathering spaces anchor corners, particularly on highly visible and/or pedestrian-oriented streets. Off-street parking must not be located within 100 feet of an intersection of two streets unless there is a building or gathering space between the parking and the public street (see § 21.301.02(d)(8) for a graphic illustration). 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.

      (5)   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 C-5 District provided at least 50% of the linear public street frontage of the site 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.

      (6)   Exemptions for sites with multiple street frontages. While it is the intent of the mixed use districts to have buildings close to the street with parking to the side or 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 in either a corner or through-lot configuration. 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 mixed use districts (B-4, C-5, LX) building or parking placement requirements provided the City Council determines that:

         (A)   The site cannot reasonably comply with the mixed use districts structure and parking placement requirements for all street frontages;

         (B)   The proposed structure and parking configuration will meet the purpose and intent of the mixed use districts;

         (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.

      (7)   Drive-throughs. In addition to requirements of § 21.301.05, drive-through windows and stacking lanes in the mixed use districts (B-4, C-5, LX) 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.

      (8)   Graphic illustrations.

         (A)   Examples of permitted parking locations in the Mixed Use Districts.

         (B)   Mixed use District parking prohibition for corner lots.

         (A)   Utility poles and wires, water, gas and other public utility appurtenances are permitted at any location in a front, side or rear yard with no minimum setback from any property line.

         (B)   Retaining walls up to four feet in height are permitted at any location in a front yard provided that a front setback of not less than ten feet is maintained and at any location in a side or rear yard with no minimum setback from any property line.

         (C)   Steps, stoops, egress windows and exterior landings are permitted in a front, side or rear yard providing that front, side and rear setbacks of not less than five feet are maintained.

         (D)   Private sidewalks are permitted in a front yard without a minimum front setback provided that a side setback of not less than five feet is maintained, and a side or rear yard providing that side or rear setbacks of not less than five feet is maintained.

         (E)   Overhanging eaves may encroach up to three feet into a required front, side or rear setback. Where a required setback to a property line is reduced to less than three feet by reason of a variance or other approval granted by the city, the allowed eave encroachment can in no event cross the property line. An overhanging eave may encroach up to six feet into a required front or rear setback when placed over steps, stoops or an exterior landing providing that the encroachment does not exceed eight feet in width along the wall plane.

         (F)   Underground garages, in accordance with § 21.301.06(h), may encroach into any required front, side or rear setback, provided that a front setback of not less than 15 feet and side and rear setbacks of not less than five feet is maintained.

         (G)   Antennas and supporting structures, including satellite receiving antennas greater than one meter in diameter in residential districts and greater than two meters in diameter in nonresidential districts, cannot be located within a front yard and will be located only to the side or rear of the principal structure where side and rear setbacks of no less than ten feet are maintained. All antennas and supporting structures, including satellite receiving antennas, must meet the applicable requirements of §§ 15.14, 21.302.37 and 21.301.10.

         (H)   Ramps and other devices for access to buildings and sites by disabled persons in compliance with the American Disabilities Act may encroach into any required front, side or rear setback, provided that a front setback of not less than 20 feet and side and rear setbacks of not less than two feet are maintained.

         (I)   Fences are permitted to encroach into front, side and rear yard setbacks when specifically permitted by the city code.

         (J)   Open air dog runs may encroach into any required front, side or rear setback, provided that a front setback of not less than 15 feet and side and rear setbacks of not less than five feet must be maintained. Structures as part of the dog run must meet the required setback. Fencing must comply with city code requirements.

         (K)   Sunshades up to 15 feet in height may encroach into any front, side or rear setback, provided that a front setback of not less than 20 feet and side and rear setbacks of not less than five feet must be maintained.

         (A)   Patios and terraces may encroach ten feet into a required front setback, five feet into a required side setback and 20 feet into a required rear setback, provided that a front setback of not less than 20 feet, a side setback of not less than five feet and a rear setback of not less than ten feet must be maintained.

         (B)   Open decks and balconies not greater than five feet above grade at any point may encroach ten feet into a required front setback, five feet into a required side setback and 20 feet into a required rear setback, provided that a front setback of not less than 20 feet, a side setback of not less than five feet and a rear setback of not less than ten feet must be maintained.

         (C)   Open decks and balconies greater than five feet in height above grade at any point may encroach five feet into a required front setback and ten feet into a required rear setback, provided that a front setback of not less than 25 feet, a rear setback of not less than 20 feet and a side setback of not less than ten feet must be maintained. Such features are permitted in a side yard provided that a side setback of no less than ten feet must be maintained.

         (D)   Chimneys may encroach three feet into a required front, side or rear setback, provided that front and rear setbacks of not less than 27 feet and a side setback of not less than seven feet must be maintained.

         (E)   Awnings may encroach three feet into a required front, side or rear setback, provided that front and rear setbacks of not less than 27 feet and a side setback of not less than seven feet must be maintained. An awning may encroach up to six feet into a required front or rear setback and up to five feet into a required side setback when placed over steps, stoops or an exterior landing, provided that the encroachment will not exceed eight feet in width along the wall plane and that front and rear setbacks of not less than 24 feet and a side setback of not less than five feet must be maintained.

         (F)   Clothes lines and laundry drying equipment are not permitted within the front yard and will be located only in side and rear yards where side and rear setbacks of not less than five feet must be maintained. In instances where the side or rear yard abuts a public street, the required setback will be no less than the required setback for a principal building in the zoning district.

         (G)   Arbors and trellises may encroach ten feet into a required front setback, five feet into a required side setback and 20 feet into a required rear setback, provided that a front setback of not less than 20 feet, a side setback of not less than five feet and a rear setback of not less than ten feet must be maintained. A setback of not less than 20 feet must be maintained from any public street.

         (H)   Permanently installed outdoor fireplaces and barbecues are not permitted within the front yard and will be located only in side and rear yards. Such features shall not encroach into the required side setbacks and may encroach up to 15 feet into the required rear setback provided that a rear setback of not less than 15 feet must be maintained. In instances where the side or rear yard abuts a public street, a setback of not less than the required front setback must be maintained.

         (I)   Basketball backboards, rims and support structures may encroach 15 feet into required front and rear setbacks and five feet into a required side setback in the front yard, provided that front and rear setbacks of not less than 15 feet and a side setback in the front yard of not less than five feet must be maintained. In side and rear yards, side setbacks of not less than 15 feet must be maintained.

         (J)   Other recreational equipment, such as, but not limited to, play apparatus over four feet in height, ice rinks, skateboard ramps over two feet in height, trampolines, hot tubs or whirlpools, and children's swimming pools over two feet in height are not permitted within the front yard. Such features are permitted in side and rear yards provided that side and rear setbacks of not less than 15 feet must be maintained, including those instances where the side or rear yard abuts a public street.

         (K)   Air conditioning equipment may encroach five feet into any required front, side and rear setback, provided that front and rear setbacks of not less than 25 feet and side setbacks of not less than five feet must be maintained.

         (L)   Bay and bow windows may encroach two feet into any required front, side and rear setback, provided that front and rear setbacks of not less than 28 feet and a side setback of not less than eight feet must be maintained.

         (M)   Entry vestibules ten feet or less in width may encroach six feet into any required front and rear setback, provided that front and rear setbacks of not less than 24 feet must be maintained. The overhanging eaves of the entry vestibule may encroach up to an additional three feet into the required front, side or rear setback provided that the entry vestibule eaves do not exceed the prevailing dimension of overhanging eaves on the elevation of the house to which the entry vestibule is attached. No encroachment will be allowed into a required side setback, except for an overhanging eave as described above. Such features must not encroach into public easements of record.

         (N)   Covered but open porches without windows or screens may encroach eight feet into any required front setback and ten feet into any required rear setback, provided that a front setback of not less than 22 feet and a rear setback of 20 feet is maintained. No encroachment will be allowed into a required side setback. Such features must not encroach into public easements of record.

         (A)   Telephone booths are permitted in any front, side or rear yard, provided that a front setback of not less than 15 feet, a side setback of not less than five feet and a rear setback of not less than that required for the principal building in the zoning district must be maintained.

         (B)   Newspaper boxes are permitted in the front, side and rear yards when the property is occupied by a principal building, provided that a front setback of not less than 15 feet and side, and rear setbacks of not less than five feet must be maintained. In instances where the side or rear yard abuts a public street, a setback of not less than the required front setback must be maintained.

         (C)   Awnings and canopies may encroach six feet into required front and rear setbacks and four feet into required side setbacks provided that a front setback of not less than ten feet, and side and rear setbacks of not less than five feet must be maintained.

         (D)   Underground storage tanks for any purpose (but not above-ground appurtenant equipment) are permitted in any front, side or rear yard, provided that front, side and rear setbacks of not less than ten feet must be maintained. Such features must not encroach into public easements of record.

         (E)   Above-ground equipment appurtenant to underground storage tanks (except fuel dispensing equipment and stations as per § 21.302.15 is not permitted within a front yard and must be located only in side and rear yards. The side setback for such equipment not over five feet in height above grade must be not less than ten feet and the equipment must be screened from public streets and adjacent properties in accordance with the requirements of § 21.302.15(d). The side setback for such equipment over five feet in height above grade must be not less than the required side setback of the principal building in the zoning district or ten feet, whichever is greater. The rear setback for all such equipment must be not less than ten feet. Such equipment must not encroach into public easements of record.

         (F)   Refuse and recyclable material storage rooms may encroach eight feet into a required side setback and 12 feet into a required rear setback, provided that a side setback of not less than five feet and a rear setback of not less than 15 feet must be maintained. Such features are not permitted within the yard area between a building and the public right-of-way.

         (G)   Structured areas for active play or play structures related to daycare facilities, instructional centers, schools and other institutional uses may encroach into any front, side, or rear setback, provided that a front setback of not less than 20 feet and side and rear setbacks of not less than ten feet must be maintained.

(Ord. 2006-35, passed 9-11-2006; Ord. 2006-54, passed 12-18-2006; Ord. 2010-16, passed 6-7-2010; Ord. 2013-26, passed 11-4-2013; Ord. 2015-3, passed 1-26-2015; Ord. 2015-5, passed 1-26-2015; Ord. 2017-9, passed 5-1-2017; Ord. 2019-2, passed 1-7-2019; Ord. 2023-3, passed 2-6-2023; Ord. 2023-16, passed 5-22-2023; Ord. 2023-43, passed 12-18-2023; Ord. 2024-28, passed 11-18-2024; Ord. 2024-46, passed 12-2-2024; Ord. 2024-49, passed 12-2-2024; Ord. 2024-52, passed 12-2-2024; Ord. 2025-02, passed 2-24-2025; Ord. 2025-37, passed 11-17-2025; Ord. 2025-44, passed 11-17-2025)

      (1)   Blank facades. Blank building facades or walls must not exceed 20 feet in length when the building facade or wall faces a public street. A building facade or wall is considered to be blank if it is uninterrupted by windows, doors, ornamentation, decoration, articulation or other architectural detailing.

      (2)   Building massing. To reduce the apparent scale and uniformity of long, one- or two-story building facades and to provide visual interest, one- or two-story building facades facing public streets that exceed 200 feet in linear building length must include wall projections or recesses of three or more foot depth for every 100 linear feet of facade and/or vertical height variations of four or more feet for every 100 linear feet of facade.

      (5)   Entrance buffer. To ensure that pedestrians can safely exit a building before entering traffic flow, any building must provide a sidewalk buffer area of at least eight feet between a public entrance and any vehicular circulation drive. Any single tenant building or individual tenant space of 20,000 square feet or above must provide a sidewalk buffer area of at least ten feet between a public entrance and any vehicle circulation drive.

   (b)   Additional structure design standards for Mixed Use Districts. To provide an attractive street-level environment that promotes pedestrian activity, comfort and public safety in the B-4, C-5 and LX zoning districts, buildings fronting on a public or private street must meet additional design standards as described below. 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 to be secondary facades.

      (1)   Windows. The ground level portion of a building façade between two feet and ten feet above grade must consist of:

         (A)   Primary facade. A minimum of 50% transparent windows, including windows on entrances.

         (B)   Secondary façade. A minimum of 25% transparent windows, including windows on entrances.

         (C)   Highly reflective glass. Highly reflective glass is prohibited.

         (D)   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:

            (i)   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.

            (ii)   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 meets the requirements of Chapter 21, Article III, Division D, the sign code; and

               (dd)   Any merchandise displayed is available for sale on the site.

            (iii)   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 immediately adjacent to the building wall; and

               (dd)   Complies with all applicable safety and maintenance requirements.

      (2)   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.

      (5)   Arcades. Arcades along building frontages must comply with the following standards:

         (A)   The exterior face of the arcade column line must meet the minimum setback requirements in § 21.301.02; and

         (B)   The interior wall of the arcade must not exceed the maximum setbacks requirements in § 21.301.02.

(Ord. 2006-35, passed 9-11-2006; Ord. 2006-54, passed 12-18-2006; Ord. 2015-3, passed 1-26-2015; Ord. 2022-24, passed 5-9-2022; Ord. 2023-3, passed 2-6-2023; Ord. 2024-4, passed 2-26-2024; Ord. 2024-28, passed 11-18-2024; Ord. 2025-42, passed 11-17-2025; Ord. 2025-53, passed 11-17-2025)

   (a)   Purpose. Sidewalk standards promote public health, safety and welfare by:

      (1)   Improving access to homes, parks, schools, businesses and public buildings;

      (2)   Reducing the need to use motorized vehicles for short trips;

      (3)   Improving safety by separating pedestrian and vehicle traffic;

      (4)   Improving access to public transit; and

      (5)   Improving opportunities for exercise that can lead to improved public health.

   (b)   Where required.

      (1)   Public sidewalks. All new development or significant redevelopment must construct public sidewalks and provide sidewalk easements conforming to the standards of this section and approved by the city parallel and adjacent to any public street abutting the development site and where otherwise specified on the sidewalk plan of the city or through condition of approval. The following exceptions apply.

         (A)   Individual single- and two-family dwellings. Construction of a streetside public sidewalk is not required for redevelopment or expansion of an individual single- or two-family dwelling where no sidewalk was previously present; however a sidewalk easement, petition and waiver of assessment hearing for potential future construction must be provided for construction of new two-family dwellings.

         (B)   Residential subdivisions. The City Council has the authority to waive the streetside public sidewalk requirement for single- and two-family residential subdivisions where the proposed sidewalks would not connect with an existing network of sidewalks, although a sidewalk easement, petition and waiver of assessment hearing for potential future construction must be provided despite the waiver.

         (C)   Nonresidential development. The City Council has the authority to defer the construction of public sidewalks for nonresidential development provided:

            (i)   The proposed sidewalks would not connect with an existing network of sidewalks;

            (ii)   A sidewalk easement is provided for future sidewalk construction;

            (iii)   The Council finds a sidewalk along the development site to have little or no short term public benefit given the characteristics of the site and surrounding neighborhood; and

            (iv)   The landowner completes an agreement with the city that commits the landowner and all future landowners to accept assessment against the property of potential future sidewalk construction costs.

      (2)   Private sidewalks. All new development or significant redevelopment must construct private sidewalks conforming to the standards of this section in the following locations internal to a development site.

         (A)   A sidewalk must link the primary entrance of each building on site with the public sidewalk network. In the event a building is subdivided into multiple separated tenant spaces, a sidewalk must link the primary entrance of each separated tenant space with the public sidewalk network.

         (B)   When there is more than one building on a site, a sidewalk must link the primary building entrances of each building to one another.

         (C)   When applicable, a sidewalk must link the primary building entrance with existing or future development on adjacent sites.

         (D)   When an existing or proposed transit stop or station is on-site or on an adjacent site, a sidewalk must link the primary building entrance with the transit stop or station.

         (E)   To promote safety, required internal sidewalks must be separated from vehicle drive aisles except where sidewalks cross vehicle drive aisles. Appropriate crossing treatments including, but not limited to, color, striping, texture or raised surface must be provided where warranted by anticipated pedestrian volumes.

      (3)   Significant redevelopment. For the purposes of this section, SIGNIFICANT REDEVELOPMENT is defined as either a full redevelopment of a site or an addition that would increase total floor area on a site by 25% or more.

   (c)   Construction. Construction of sidewalks conforming to the standards of this section is the responsibility of the developer and must be completed prior to the issuance of a certificate of occupancy.

   (d)   Design standards. Except for private sidewalks on single- and two-family residential sites, sidewalks must conform to the following design standards.

      (1)   Width.

         (A)   Public sidewalks. Public sidewalks must have an unobstructed, walkable width (see Figure 21.301.04(f) below) equal to or greater than the following standards. Additional width is encouraged in appropriate areas to accommodate outdoor seating, benches, landscaping, light posts, trash receptacles, bicycle parking and similar pedestrian oriented infrastructure. The City Council may require greater sidewalk width through condition of approval when greater width is deemed necessary to meet anticipated pedestrian needs or federal or state standards:

            (i)   Adjacent to local street: six feet;

            (ii)   Adjacent to minor collector street: eight feet, may be reduced to six feet at the discretion of the City Engineer. Increased width must be provided for sidewalks abutting the curb;

            (iii)   Adjacent to major collector or arterial street: eight feet; and

            (iv)   Not adjacent to street: determined case by case.

         (B)   Private sidewalks. Private sidewalks must have an unobstructed, walkable width equal to or greater than five 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. The City Council may require greater sidewalk width through condition of approval when greater width is deemed necessary to meet anticipated pedestrian needs.

         (C)   Curb cuts. Sidewalk curb cuts must be at least five feet in width.

      (2)   Slope. Sidewalk slope must meet the standards of the Federal Americans with Disabilities Act.

      (3)   Materials. All sidewalks must be constructed of concrete unless the City Engineer approves an alternative material. Public sidewalks must conform to the standard city sidewalk detail.

      (4)   Boulevard provided. To improve pedestrian safety and provide area for snow storage and landscaping, sidewalks adjacent to streets must be separated from the street with a boulevard area of at least five feet. The City Engineer may increase the required boulevard width for special circumstances and may reduce the required boulevard width due to physical hardships or where necessary easements are not in place.

      (5)   Conformance with streetscape plans. In areas for which a district or street specific streetscape plan has been adopted by the City Council, sidewalks must conform to the design standards of the streetscape plan. In the event of a conflict between the sidewalk standards presented in this section and the sidewalk standards of an adopted streetscape plan, the streetscape plan standards supercede.

      (6)   Curves and angles. Except at street corners, sidewalks must avoid sharp turns or angles which would make automated snow removal difficult.

      (7)   Vehicle overhang. Sidewalks and nearby vehicle parking areas must be designed to avoid vehicle overhang or encroachment into public sidewalks and into the required unobstructed, walkable sidewalk width for private sidewalks.

      (8)   General requirements. Sidewalks must meet the standards of the Federal Americans with Disabilities Act and must meet city sidewalk specifications.

      (9)   Nonconformities. Requirements for nonconformities are set forth in § 21.504 of this code.

   (e)   Maintenance. Sidewalks must be maintained according to the following standards.

      (1)   Snow removal. See Chapter 17, Division D, Snow Removal for applicable standards.

      (2)   Replacement. Sidewalks must be replaced or repaired when heaved, cracked or deteriorated in a manner that poses a safety hazard.

      (3)   Obstruction. Sidewalks must be kept clear of obstructions including, but not limited to, debris, construction materials and parked vehicles. Parked bicycles, electric vehicle chargers, and signs must not encroach on the minimum unobstructed, walkable sidewalk width specified in subsection (d)(1) above.

   (f)   Graphic illustrations.

      (1)   Unobstructed, walkable sidewalk width.

   Figure 21.301.04(f)

(Ord. 2006-35, passed 9-11-2006; Ord. 2006-54, passed 12-18-2006; Ord. 2008-1, passed 1-14-2008; Ord. 2015-5, passed 1-26-2015; Ord. 2019-47, passed 12-2-2019; Ord. 2022-28, passed 5-9-2022; Ord. 2024-48, passed 12-2-2024; Ord. 2024-57, passed 12-2-2024; Ord. 2025-54, passed 11-17-2025)

   Drive through facilities must comply with the following standards.

   (a)   Stacking spaces. Unless otherwise indicated in § 21.301.06, at least six stacking spaces must be provided per drive through lane, beginning behind the first point at which the vehicle must stop (which may be the order board, a pre-order board or payment/pick-up window). Required width for vehicle drive aisles may not be allocated toward stacking spaces or stacking lanes.

   (b)   Stacking space dimensions. Each stacking space must be a minimum of ten feet by 20 feet in size.

   (c)   Design. Each drive through lane must be clearly defined and designed so as not to conflict or interfere with pedestrian movement or other vehicular traffic using the site and not to conflict with access for drive aisles, fire lanes or street ingress/egress.

   (e)   Speakers. In addition to meeting the requirements of the City Noise Code (See Chapter 10, Article IV), if within 300 feet of residential properties zoned R-1, R-1A, RS-1, R-3, R-4, RM-12, RM-24, RM-50 or RM-100, speakers must not produce noise that exceeds 75 dBA measured five feet from the speaker.

   (f)   Hours of operation. Restaurant drive through windows must not be operated between the hours of 10:00 p.m. and 6:00 a.m. if any portion of the drive through or stacking spaces are within 300 feet of residential properties zoned R-1, R-1A, RS-1, R-3, R-4, RM-12, RM-24, RM-50 or RM-100.

(Ord. 2006-35, passed 9-11-2006; Ord. 2006-54, passed 12-18-2006; Ord. 2007-50, passed 12-17-2007; Ord. 2009-25, passed 8-24-2009; Ord. 2011-16, passed 8-1-2011; Ord. 2015-3, passed 1-26-2015; Ord. 2015-5, passed 1-26-2015; Ord. 2021-7, passed 4-26-2021; Ord. 2022-23, passed 5-9-2022; Ord. 2023-3, passed 2-6-2023)

   (a)   Purpose and intent. The city recognizes the health, safety, welfare and aesthetic value of providing parking standards in the community. The provisions of this section are intended to:

      (1)   Promote traffic safety, emergency vehicle access and eliminate potential hazards to motorists and pedestrians using the public streets, sidewalks and rights-of-way;

      (2)   Protect and enhance property values;

      (3)   Protect government investments in streets, sidewalks, traffic control and utility devices;

      (4)   Avoid parking spillover conflicts;

      (5)   Offer flexibility in standards when appropriate;

      (6)   Promote access and connectivity, both vehicular and pedestrian;

      (7)   Minimize environmental degradation;

      (8)   Preserve and improve the appearance of the city through adherence to aesthetic principles, in order to create a community that is attractive to residents and to nonresidents who come to live, visit, work or trade;

      (9)   Implement the city’s Comprehensive Plan;

      (10)   Promote the public health, safety and general welfare; and

      (11)   Restrict the parking or storage of vehicles and trailers that, due to their size, use, design, type, or characteristics, adversely affects the health, safety or welfare of the community in residentially zoned and used lots. The Council finds that these vehicles intrude upon the aesthetics and visual peace and quiet of a residential neighborhood, that they can impair the free flow of traffic on residential streets and by their size are detrimental to residential traffic safety, that they often create excessive noise for such surroundings, that their presence tends to encourage and effectuate the expansion of uses that are inconsistent with or inappropriate to residential areas, and that their presence therefore is likely to have a negative impact upon residential property values.

   (b)   Location.

      (1)   Accessory off-street parking location.

         (A)   One- and two-family dwellings. Spaces accessory to one- and two-family dwellings must be on the same site as the principal use served.

         (B)   Multiple-family dwellings. Spaces accessory to multiple-family dwellings must be on the same site as the principal use served within 400 feet of the main entrance to the principal building served.

         (C)   Commercial or Industrial Districts. Spaces accessory to uses in a Commercial or Industrial District must be located on the same site and within 800 feet of a main entrance to the principal building served.

      (2)   Prohibited locations. Accessory off-street parking is prohibited in the following locations:

         (A)   Where the building is 40 feet or less from the planned widened right-of-way line, parking is prohibited between the building and the street. This requirement does not apply to single-family and two-family residences;

         (B)   On grass or landscaped areas pursuant to § 21.301.15 of this code, in addition to the restrictions set out in Chapter 8 of the city code; and

         (C)   Within the public right-of-way pursuant to § 17.03 of this code.

   (c)   Design.

      (1)   Single-family and two-family land uses. See requirements set forth in Chapter 17, Article I and subsection (i) below.

      (2)   Other land uses.

         (A)   Site plans. Site plans drawn to scale and dimensioned must show proposed parking spaces including accessibility spaces, driveways, loading areas, landscaping and screening, and the parking area must conform to such site plans.

         (B)   Obstructions. All required access, entrances, fire lanes, and parking spaces must be kept clear of obstructions that prevent the intended use.

         (C)   Parking space and drive aisle dimension requirements. Off-street surface parking spaces and drive aisles must meet the following dimension requirements:

            (i)   Minimum stall size, not including vehicle overhang area, of nine feet by 18 feet for 90-degree angle parking (see Figure 21.301.06(c)(3)). For spaces that are not 90-degree angle, the most recent Institute of Transportation Engineers (ITE) standards will be applied as determined by the issuing authority;

            (ii)   Minimum drive aisle width of 24 feet for 90-degree angle parking areas. For parking areas that are not 90-degree angle, the most recent Institute of Transportation Engineers (ITE) standards will be applied for drive aisle width as determined by the issuing authority;

            (iii)   Up to 20 percent of the total number of required spaces may be for compact cars and have a minimum stall size of 8 feet by 16 feet for 90-degree angle parking. For spaces that are not 90-degree angle, the most recent Institute of Transportation Engineers (ITE) standards will be applied as determined by the issuing authority. Compact parking may be counted toward required parking if the following conditions are met:

               (aa)   The parking area must have a total size of at least 50 stalls;

               (bb)   Compact parking spaces must be distributed throughout the parking lot, target employee parking areas, and not have generally preferential locations to discourage use by non-compact cars; and

               (cc)   Compact parking spaces must be clearly identified by signs in accordance with the Minnesota Manual of Uniform Traffic Control Devices and notification on the pavement, with a minimum of one sign per every four compact spaces and pavement notification in each spot.

            (iv)   All fire lanes must meet the applicable fire codes, as set forth in Chapter 6 of this code; and

            (v)   Light standards placed at the interior corner of parking stalls in coordination with the parking stall striping as approved by the issuing authority are not included in the measurement of parking stall dimensions.

            For off-street parking dimension requirements in parking structures, see subsection (h) below.

         (D)   Surfacing. Off-street parking areas and driveways, not to include driveway approach areas, must be paved with portland cement concrete, plant mixed bituminous surface (i.e., asphalt), brick, stone or form concrete pavers placed touching with gaps not exceeding one-quarter inch, or equivalent material as approved by the issuing authority. Consideration may be given by the issuing authority for special circumstances such as seasonal uses. Driveway approach areas must be paved with portland cement concrete or plant mixed bituminous surface (i.e., asphalt).

         (E)   Concrete curbs. Parking areas must have in-place portland cement concrete curbs defining the perimeter or equivalent material as approved by the issuing authority.

         (F)   Access.

            (i)   Vehicular access and circulation. All off-street parking spaces must have access off driveways and not directly off the public street.

            (ii)   Fire and public safety access and circulation. Turnarounds and fire lane areas for fire and other public safety vehicles must be provided in accordance with requirements set forth in § 6.20 of this code, and are subject to approval of the city issuing authority.

            (iii)   Driveway approaches. Driveway approaches shall be designed pursuant to Chapter 17, Article I of this code.

         (G)   Light pollution and glare.

            (i)   Vehicle headlights. Parking lots and parking structures must comply with the screening standards of § 21.301.15 of this code.

            (ii)   Overhead lighting. Parking lots must comply with the lighting standards of § 21.301.07 of this code.

         (H)   Parking islands.

            (i)   Parking islands must be installed at the ends of each row of parking spaces. Additional parking islands must be provided mid-row at intervals not to exceed 200 feet for interior parking rows and 300 feet for perimeter parking rows. Where a parking lot contains ten parking spaces or less, the requirement for parking islands is waived, unless the issuing authority determines islands are needed for traffic circulation and safety.

            (ii)   Where a parking island is immediately adjacent to one or more parking stalls, the island length must be three feet shorter than the adjacent stall to promote ingress and egress into the stall.

            (iii)   A minimum of one deciduous tree must be provided per parking lot island, with exceptions as set forth in § 21.301.15 of this code.

            (iv)   Where one or more trees are present in a parking island, the minimum island width must be eight feet measured from the inside edges of curb to curb (see Figure 21.301.06(c)(3) below). Where no trees are present in a parking island, the minimum island width is four feet measured from the inside edges of curb to curb.

            (v)   Parking islands must be delineated by raised concrete curbing or may be depressed to accommodate infiltration for storm water management purposes.

         (I)   Setbacks for surface parking.

            (i)   The required setback for surface parking is a minimum of 20 feet from a planned widened right-of-way line and a minimum of five feet from a property line not abutting a street. In mixed use districts (B-4, C-5, LX), setbacks from streets may be reduced if screening is provided that meets the standards in § 21.301.15(d).

      (3)   Graphic illustration.

         (A)   90-degree angle parking.

   Figure 21.301.06(c)(3)

            (i)   Located in a parking island;

            (ii)   Mounted to an adjacent structure; or

            (iii)   Protected by bollards, structures, or curb if located directly in parking lot.

   (d)   Number of off-street parking spaces required.

      (1)   The minimum number of off-street parking spaces provided within a development must meet the provisions of this subsection (d), varying by land use as provided in the following table. If more than one land use is present on a site, the required parking is determined by adding together the required number of parking spaces for each use.

         If the number of off-street parking spaces results in a fraction, each fraction of one-half or more will constitute another space required. A lesser number of constructed off-street parking spaces may be allowed through flexibility measures (see subsection (e) below). The requirements for off-street surface parking space dimensions are set forth in subsection (c) above.

 

         (A)   Where the applicant is seeking a reduction in the total number of required constructed parking spaces, the lesser number of constructed spaces may be allowed, provided:

            (i)   The city may require a parking study conducted in accordance with accepted methodology approved by the city issuing authority, prepared by an independent traffic engineering professional under the supervision of the city and paid for by the applicant, demonstrating that there is not a present need for the portion of parking for which the applicant is requesting proof of parking flexibility. Where the applicant is seeking a reduction of 10% or less in the total number of required constructed parking spaces, the requirement for a parking study is waived;

            (ii)   A site plan is submitted indicating that the required number of spaces meeting all ordinance requirements can be placed on the site if the need is later indicated by the city issuing authority in observance of a lack of available parking and is approved by the issuing authority; and

            (iii)   Where a site plan is approved with proof of parking measures, a properly drawn legal instrument, memorializing the parking measures drafted and executed by the parties concerned, must be filed with the records for that property in the Registrar of Titles’ or Recorder’s office of the county with proof thereof presented to the issuing authority.

         (B)   Suitability of deferred spaces. The applicant must not assign deferred parking spaces to areas required for landscaping, required buffer zones, setbacks, fire lanes, drive aisles or areas that would otherwise be unsuitable for parking spaces because of the physical characteristics of the land or other requirements of this code.

         (C)   Conversion of deferred spaces by applicant. The applicant may at any time request that the issuing authority approve a revised site plan to allow conversion of deferred spaces to operable parking spaces.

         (D)   Remedies. Should it be determined at a later date, as indicated by the city issuing authority in observance of a lack of available parking, that any or all of the deferred parking spaces are needed, the required number of deferred spaces must be converted to parking spaces that conform to this code at the applicant’s expense.

         (A)   Proximity. The proposed shared parking space is within 500 feet of the entrance to the use it will serve;

         (B)   Conflict in hours. The applicant demonstrates that, because of the hours, size and mode of operation of the respective uses, there is no substantial conflict in the peak parking demands of the uses for which shared use of off-street parking facilities is proposed, and there will be an adequate amount of parking available to meet the needs for each use. A shared parking plan must be submitted whenever shared parking is proposed that includes specific analysis on the peaking characteristics of the various uses included. The city may also require a parking study conducted in accordance with accepted methodology approved by the city issuing authority, prepared by an independent traffic engineering professional under the supervision of the city and paid for by the applicant, demonstrating that there is not a present need for the portion of parking for which the applicant is requesting proof of parking flexibility;

         (C)   Written consent and agreement. Where shared use of parking exists within the same site or across sites, a properly drawn legal instrument, drafted and executed by the parties concerned, must be filed as a deed restriction on both properties with the records for both properties in the Registrar of Titles’ or Recorder’s office of the county with proof thereof presented to the issuing authority. The intent in either case is that the agreement will be in the public record in perpetuity, and not altered unless approved by the city issuing authority; and

         (D)   Revocation. Failure to comply with the shared parking provisions of this section constitutes a violation of this code. A shared parking agreement may be revoked by the parties to the agreement only if off-street parking is provided as otherwise set forth in this section of this code, or if an alternative shared parking plan is approved by the city issuing authority.

         (A)   The issuing authority determines the site to be constrained with limited opportunity to add additional off-street parking facilities; and

         (B)   The City Engineer determines that the site has adequate vehicular access and circulation, and that the proposed reduction in off-street parking will not negatively impact traffic safety in the immediate area.

   (f)   Non-parking uses in off-street parking and loading areas.

      (1)   Snow removal and storage. Provision must be made in parking, access aisles and loading areas for adequate snow storage or removal to ensure that the required number of off-street parking and loading spaces are available at all times during the year. Snow storage areas, if applicable, must be shown on the site plan.

   (h)   Parking structures.

      (1)   Parking structure setbacks. A parking structure is subject to the following setback requirements, unless otherwise specified in the code or the International Building Code.

         (A)   Underground parking structure. The required setback for an underground parking garage structure is a minimum of 15 feet from a planned widened right-of-way-line and a minimum of five feet from a property line not abutting a street.

         (B)   Surface parking at an underground parking structure. The required setback for surface parking is a minimum of 20 feet from a planned widened right-of-way-line and a minimum of five feet from a property line not abutting a street (also see subsection (c) above).

         (C)   Above grade parking structure. The required setback for an above grade parking structure is as set forth for buildings in the underlying zoning district.

      (2)   Screening and design requirements.

         (A)   Screening. Above grade parking structures must meet the applicable zoning district requirements regarding screening of surface parking. Where the roof or any portion of the roof of an underground structure or a qualifying structure is used for surface parking, such parking must meet the applicable zoning district requirements regarding screening of surface parking. Parking garage structures which are abutting a single-family or two-family use must provide and maintain a visual screen at the entrance and exit areas to the structure. See § 21.301.15 of this code for screening requirements.

         (B)   Structure design and exterior building materials of a parking garage. Structure design and exterior building materials of a parking garage must be compatible with the surrounding buildings.

            (i)   Parking structures must be designed to block the visibility of vehicle headlights from the exterior.

            (ii)   Parking structure facades that front on public streets must be enhanced through architectural details that match or complement the building the facility serves, including, but not limited to, piers, pilasters, recessed window openings, masonry trim, ornamental grillwork, accent materials or decorative artwork and through exterior materials and colors that match or complement the building the facility serves.

            (iii)   Parking structure access points fronting a public street must be architecturally articulated to add visual interest.

         (C)   Structured parking space dimensions. Parking spaces and drive aisles in structured parking must meet the following dimension requirements:

            (i)   The minimum stall size, not including vehicle overhang area, is eight and one-half feet by 18 feet for 90-degree angle parking. For spaces that are not 90-degree angle, the most recent Institute of Engineers (ITE) standards will be applied as determined by the issuing authority;

            (ii)   The minimum drive aisle width is 24 feet for 90-degree angle parking in structured parking. For parking areas that are not 90-degree angle, the most recent Institute of Transportation Engineers (ITE) standards will be applied for drive aisle width as determined by the issuing authority;

            (iii)   Up to 20 percent of the total number of required spaces may be for compact cars and have a minimum stall size of 8 feet by 16 feet for 90-degree angle parking. For spaces that are not 90-degree angle, the most recent Institute of Transportation Engineers (ITE) standards will be applied as determined by the issuing authority. Compact parking may be counted toward required parking if the following conditions are met:

            (aa)   The parking area must have a total size of at least 50 stalls.

            (bb)   Compact parking spaces must be distributed throughout the parking lot, target employee parking areas, and not have generally preferential locations to discourage use by non-compact cars; and

            (cc)   Compact parking spaces must be clearly identified by signs in accordance with the Minnesota Manual of Uniform Traffic Control Devices, with a minimum of one sign per compact space.

            (iv)   All fire lanes must meet the applicable fire codes, as set forth in Chapter 6 of this code.

         For off-street surface parking dimension requirements, see subsection (c) above.

      (3)   Gates, access and limiting devices.

         Gates or access limiting devices for parking structures and surrounding off-street parking areas must be designed and maintained to avoid causing vehicle queuing within the public right-of-way.

   (i)   Single-family and two-family residential driveways and off-street parking.

      (1)   Driveway location. New driveways may not be constructed and existing driveways may not be expanded unless they lead directly to and connect with a garage. A driveway is required to the primary garage on a site. If there is a second garage on the site, a connecting driveway to the second garage is optional, unless regular use dictates the driveway. If there is no garage present on a site, a maximum of one driveway may be constructed provided it leads to a location where a garage could legally be constructed and the length of the driveway does not exceed 50 feet or the maximum distance of the front facade of the principal building from the property line, whichever is greater.

      (2)   Driveway approach dimensions. Driveway approach dimensions must comply with the applicable city construction detail for driveway approaches and § 17.13 of this code.

      (3)   Driveway dimensions.

         (A)   Minimum driveway width. The width of the driveway must be at least ten feet.

         (B)   Maximum driveway width for single-family sites. Maximum driveway width for single- family sites with a garage of 30 feet or less in width. The width of the driveway must not exceed the width of the garage it serves.

         (C)   Maximum driveway width for single-family sites with a garage over 30 feet in width.

            (i)   The width of the driveway between zero feet and ten feet from its intersection with the property line must not exceed 30 feet.

            (ii)   The maximum width of the driveway between ten and 26 feet from its intersection with the property line must not exceed the width of the garage it serves at any point and may transition at a 45-degree angle from 30 feet in width to the width of the garage, up to a maximum of 46 feet in width.

            (iii)   The width of the driveway between 26 feet and 100 feet from its intersection with the property line must not exceed the width of the garage it serves up to a maximum of 46 feet in width.

            (iv)   The width of the driveway between 100 and 150 feet from its intersection with the property line must not exceed the width of the garage it serves.

            (v)   The width of a driveway beyond 150 feet is not restricted in size.

         (D)   Maximum driveway width for two-family sites with a common driveway.

            (i)   The width of the driveway between zero feet and ten feet from its intersection with the property line must not exceed the width of the garages it serves up to a maximum of 30 feet.

            (ii)   The maximum width of the driveway between ten and 28 feet from its intersection with the property line must not exceed the width of the garages it serves at any point and may transition at a 45-degree angle from 30 feet in width to the width of the garage, up to a maximum of 48 feet in width.

            (iii)   The width of the driveway beyond 28 feet from its intersection with the property line must not exceed the width of the garage it serves up to a maximum of 48 feet.

         (E)   Maximum driveway width for two-family sites with separate driveways on the same street. The width of each driveway must not exceed the width of the garage it serves up to a maximum of 24 feet.

         (F)   Maximum driveway width for two-family sites with separate driveways on separate streets.

            (i)   The width of each driveway between zero feet and ten feet from its intersection with the property line must not exceed the width of the garage it serves up to a maximum of 30 feet.

            (ii)   The maximum width of each driveway between ten and 16 feet from its intersection with the property line must not exceed the width of the garages it serves at any point and may transition at a 45-degree angle from 30 feet in width to the width of the garage, up to a maximum of 36 feet in width.

            (iii)   The width of each driveway beyond 16 feet from its intersection with the property line must not exceed the width of the garage it serves up to a maximum of 36 feet.

            (iv)   The width of the driveway beyond 100 feet from its intersection with the property line must not exceed the width of the garage it serves.

         (G)   Maximum driveway width for sites without garages. The width of the driveway must not exceed 24 feet.

      (4)   Vehicle parking. The parking and storage of vehicles is prohibited on all portions of single- and two-family sites except within a garage or upon legally constructed driveways or off-drive parking areas. The storage of recreational vehicles must conform with the standards of § 21.301.13 of this code.

      (5)   Off-drive parking areas. The construction of new or the expansion of existing off-drive parking area must comply with the following standards and is allowed only when the cumulative total width of all driveways on site is 26 feet or less. See Figure 21.301.06(i)(12)(A) below:

         (A)   One off-drive parking area of up to 12 feet in width and accessible by a standard vehicle from the driveway is permitted. The off-drive parking area may be located on either side of the driveway provided all setback and other standards are met;

         (B)   The off-drive parking area may extend adjacent to the side of the garage but may not extend farther from the street than the rear of the garage. When adjacent to a garage, the off-drive parking area must be at least nine feet in width;

         (C)   The off-drive parking area must meet the setbacks as set forth in subsection (i)(10) below except that a portion of an off-drive parking area may encroach into the required 20 foot front setback area as it transitions to full width. For sites with a principal building setback of less than 36 feet, off-drive parking area may begin to transition to full width at a 45-degree angle between five feet and 17 feet back from the property line adjacent to the street. For sites with a principal building setback of 36 feet or greater, off-drive parking area may begin to transition to full width at a 45-degree angle between ten feet and 22 feet back from the property line adjacent to the street. Off-drive parking areas with a setback along any street of 150 feet are not restricted in size.

         (D)   The off-drive parking area must be an approved surface as set forth in subsection (i)(7) below;

         (E)   The 35% maximum impervious surface coverage requirement must be met for all single-family sites as specified in § 21.301.01(c)(1) of this code;

         (F)   In the event a site has a second driveway, second garage or a circular driveway, off-drive parking area is allowed only adjacent to one driveway/garage;

         (G)   For two-family dwellings with a common driveway, each unit may have an off-drive parking area subject to the standards of this section provided the driveway width does not exceed the maximum driveway widths set forth in subsection (i)(3)(D) above;

         (H)   Off-drive parking areas are prohibited within the public right-of-way as set forth in § 17.03 of this code; and

         (I)   The off-drive parking area must be connected to a driveway.

      (6)   Off-drive turnaround areas. The construction of new or the expansion of existing off-drive turnaround (hammerhead) area must comply with the following standards and is allowed only when the total width of the driveway and any adjacent off-drive parking area at a given point does not exceed 36 feet. See Figure 21.301.06(i)(12)(A) below:

         (A)   In order to allow vehicles to turn around on-site and exit onto roadways in a forward facing position, one off-drive turnaround area up to 12 feet in width and 18 feet in depth is allowed abutting a driveway. The maximum width of driveway plus off-drive parking area plus off-drive turnaround area must not exceed 36 feet at any point. The off-drive turnaround area may be located on either side of the driveway provided all setback and other standards are met;

         (B)   The off-drive turnaround area must be an approved surface as set forth below in subsection (i)(7) below;

         (C)   The 35% maximum impervious surface coverage requirement must be met for all single-family sites as specified in § 21.301.01(c)(1) of this code;

         (D)   In the event a site has a circular driveway, off-drive turnaround area is not allowed. In the event a site has a second but unconnected driveway, off-drive turnaround area is allowed only adjacent to one driveway; and

         (E)   Off-drive turnaround areas are prohibited within the public right-of-way as set forth in § 17.03 of this code.

      (7)   Second curb cut and connecting driveway. A permit for a second curb cut to a single-family site must not be issued unless the site has at least 120 feet of frontage along a single public street or is a corner lot and complies with the standards of Chapter 17 of this code. For corner lots, when two curb cuts are present, each curb cut must be to a separate street unless the site has at least 120 feet of frontage along a single public street. More than two curb cuts are prohibited for single- or two-family residential sites. In the event a second driveway is installed to service a second garage, the second driveway must meet all driveway standards. If a second driveway is installed to serve as a circular driveway, the secondary driveway is limited to 12 feet in width and must meet all other driveway standards. See Figure 21.301.06(i)(12)(B) below.

      (8)   Driveway and off-drive parking area surface.

         (A)   Driveways and off-drive parking and turnaround areas, not to include driveway approaches, must be paved for the entire length and width of the surface with portland cement concrete, plant bituminous surface (i.e., asphalt), brick, stone or concrete driveway pavers that are placed with gaps not exceeding one quarter inch, or equivalent material as approved by the issuing authority. Gravel is not permitted. A patio or sidewalk cannot be used as a driveway, off-drive parking area or vehicle turnaround area. In the event a patio or sidewalk abuts an off-drive parking area, driveway or vehicle turnaround area for a distance of more than six feet, a barrier is required between the patio or sidewalk and the off-drive parking area, driveway or vehicle turnaround area preventing motor vehicle access.

         (B)   Driveway approach materials must conform to the requirements set forth in § 17.13 of this code.

      (9)   Driveway approach and driveway slope. The driveway approach slope must not exceed 10% pursuant to § 17.13 of this code. Where there is a public easement adjacent to the property line, the driveway slope through the easement must not exceed 10%. The driveway through the private property area may transition to a slope steeper than 10% with prior approval of the City Engineer. Slopes through sidewalks must not exceed ADA requirements of 1:50 or 2%.

      (10)   Driveway and off-drive parking area setbacks. Driveways and off-drive parking and turnaround areas must meet the following setback requirements.

         (A)   Minimum setback. Except for driveways crossing front (or side or rear abutting a public street) setback areas in a perpendicular or near perpendicular fashion and as otherwise specifically allowed by the city code, the minimum setback of driveways and off-drive parking and turnaround areas from property lines is as follows:

 

 

         (B)   Nonconforming driveways. Legally nonconforming (see § 21.504 of this code) driveways with setbacks of less than five feet from a side property line may be repaired, altered, resurfaced or reconstructed, but not expanded, subject to the following:

            (i)   All driveway surface water drainage must be directed away from the side property line and the abutting property by a slope, curb, retaining wall or other measure approved by the issuing authority; or

            (ii)   Subject to the approval of the City Engineer, driveway surface water drainage may be conveyed by a graded swale in a drainage easement(s) drafted and executed by the property owners of record and filed with the registrar of Titles’ or Recorder’s office of the county with proof thereof presented to the issuing authority.

         (C)   Common driveway setbacks. Setbacks from a side or rear property line may be zero feet where an access easement or a driveway common to abutting properties has been required by the city or has been approved by the City Traffic Engineer, and an access easement or common driveway easement drafted and executed by the property owners of record is filed with the Registrar of Titles’ or Recorder’s office of the county with proof thereof presented to the issuing authority.

         (D)   Reduced setback of garages. When a variance has been approved by the City Council to reduce the setback of any garage from a side or rear property line, or a garage is legally nonconforming with a reduced setback from a side or rear property line, the setback of the driveway serving that garage parallel to a side of rear property line may be greater than or equal to the setback of the garage, subject to the provisions of this section of this code.

         (E)   Existing utilities. Prior to issuance of a permit for any new or replacement driveway with a setback from a side or rear property line of less than five feet, the permit application shall be reviewed with the City Engineer. The issuing authority shall not issue a permit for a driveway which encroaches upon a utility easement where an installed utility is known to exist. When a driveway is installed in an easement area where no public utilities currently exist, an encroachment agreement approved by the City Engineer is required, and the property owner assumes all responsibility for replacement of any private improvements damaged or destroyed by lawful access to or use of public easements.

      (12)   Permit required. A driveway permit is required for construction, replacement, overlay or alteration of a residential driveway or off-drive parking or turnaround area, with limited exceptions for repairs as set forth in this section of this code. If the driveway approach is modified, appropriate permits must be obtained as required in Chapter 17, Article I of this code.

      (13)   Graphic illustrations.

         (A)   Driveways, driveway approach, off-drive parking area and off-drive turn-around area.

   Figure 21.301.06(i)(12)(A)

         (B)   Second curb cut and driveway.

   Figure 21.301.06(i)(12)(B)

   (j)   Off-street loading.

      (1)   Maneuvering space. Space must be provided within the off-street loading area so that any maneuvering back into or out of a loading space can be conducted outside of any public right-of-way.

      (2)   Location and design. Loading areas must be located and designed to ensure that the entering and exiting vehicles do not disrupt vehicle and pedestrian circulation patterns.

      (3)   Loading berth screening. No loading berth for vehicles over two ton capacity may be closer than 100 feet to any residential district unless completely enclosed by building walls not less than eight feet in height.

      (4)   Noise. Where noise from loading or unloading activity is audible in a residential district, pursuant to § 10.30 of this code, the activity shall terminate between the hours of 10:00 p.m. and 7:00 a.m.

   (k)   Sale of parking areas. Property that constitutes required off-street parking area must not be separated, through sale or other means, from the property containing the principal use for which the parking area is required.

   (l)   Compliance and change of use for a structure or site or additions thereto.

(Ord. 2006-54, passed 12-18-2006; Ord. 2007-7, passed 2-26-2007; Ord. 2007-22, passed 6-25-2007; Ord. 2008-1, passed 1-14-2008; Ord. 2008-13, passed 4-21-2008; Ord. 2009-1, passed 1-26-2009; Ord. 2009-26, passed 9-14-2009; Ord. 2006-36, passed 11-16-2009; Ord. 2009-40, passed 12-7-2009; Ord. 2010-1, passed 1-4-2010; Ord. 2010-7, passed 3-22-2010; Ord. 2011-16, passed 8-1-2011; Ord. 2013-13, passed 5-20-2013; Ord. 2015-3, passed 1-26-2015; Ord. 2015-5, passed 1-26-2015; Ord. 2015-15, passed 5-18-2015; Ord. 2015-27, passed 10-19-2015; Ord. 2015-29, passed 11-2-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2017-9, passed 5-1-2017; Ord. 2017-15, passed 5-22-2017; Ord. 2019-2, passed 1-7-2019; Ord. 2019-6, passed 1-7-2019; Ord. 2019-11, passed 1-7-2019; Ord. 2019-47, passed 12-2-2019; Ord. 2019-50, passed 12-16-2019; Ord. 2019-57, passed 12-16-2019; Ord. 2019-65, passed 12-16-2019; Ord. 2020-1, passed 2-24-2020; Ord. 2020-13, passed 5-4-2020; Ord. 2020-44, passed 12-21-2020; Ord. 2020-46, passed 12-21-2020; Ord. 2021-7, passed 4-26-2021; Ord. 2022-25, passed 5-9-2022; Ord. 2022-30, passed 6-6-2022; Ord. 2022-43, passed 9-12-2022; Ord. 2022-60, passed 12-19-2022; Ord. 2022-61, passed 12-19-2022; Ord. 2022-70, passed 12-19-2022; Ord. 2022-71, passed 12-19-2022; Ord. 2023-16, passed 5-22-2023; Ord. 2023-34, passed 12-18-2023; Ord. 2024-21, passed 9-30-2024; Ord. 2024-28, passed 11-18-2024; Ord. 2024-42, passed 12-2-2024; Ord. 2025-07, passed 4-28-2025; Ord. 2025-10, passed 6-2-2025; Ord. 2025-19, passed 9-29-2025; Ord. 2025-26, passed 11-17-2025; Ord. 2025-28, passed 11-17-2025; Ord. 2025-33, passed 11-17-2025)

      (1)   Promote the public health, safety and general welfare;

      (2)   Establish efficient and cost effective lighting requirements adequate for safety and security;

      (3)   Reduce light pollution, light trespass, glare and offensive light sources;

      (4)   Provide an environmentally sensitive nighttime environment;

      (5)   Discourage inappropriate, poorly designed or installed outdoor lighting by requiring quality lighting design, light fixture shielding and maximum uniformity ratios;

      (6)   Protect motor vehicle operators, pedestrians and adjacent land uses from glare; and

      (7)   Implement the city’s Comprehensive Plan.

      (1)   Name of project, developer, property owner and architect/designer (all applicable);

      (2)   Date of initial plan preparation and all amendments;

      (3)   Scale of plan (engineering scale only, at a scale of one inch equals 50 feet or less) with north point indication;

      (4)   An accurate site plan indicating the location of property lines and all existing and proposed land improvements including, but not limited to, buildings, parking lots, aisles and driveways, streets, walkways and accessory buildings;

      (5)   The location and description of all existing over story landscaping unless an approved or proposed landscape plan is provided;

      (6)   The location and height above grade of all proposed and existing exterior fixtures (includes decorative and all mounted lighting) on the property;

      (7)   Control descriptions including hours of operation and type of controls (timer, motion sensor, time clock and the like), the light fixtures to be controlled by each type and control schedule;

      (8)   Two separate photometric plans superimposed on a site plan (see subsection (b)(5) above), one plan with the initial at-grade foot candle levels and the other the maintained at-grade foot candle levels. Photometric points must be on a grid ten feet by ten feet or less across the entire site and a minimum of ten feet or more beyond the lot or parcel property line. Each point must be to the nearest 0.1 foot candle;

      (9)   A luminaire schedule table indicating maximum to minimum uniformities for each specific use area such as parking and circulation areas, pedestrian areas and other common public areas, the type of light source, light source wattage and initial light output lumens rating, color rendering index, color temperature and light loss factor of each lamp source;

      (10)   Detailed information on each light fixture including copy of the manufacturers catalog information sheet and IESNA photometric distribution type, including any shielding information such as house side shields, internal and/or external shields; and

      (11)   Energy use calculations showing compliance with the State Energy Code, without exemptions. All parking lots regulated by this section are considered public parking lots in the Minnesota State Energy Code.

   Figure 21.301.07(c)(3)

         (A)   Upward aimed lighting (except for flagpoles) must not exceed 22,500 initial light output lumens per source and must not exceed an average of 15 initial light output lumens per square foot for each facade. All upward aimed light must be fully shielded from public view.

         (B)   Downward aimed lighting must not exceed 45,000 initial light output lumens per source, must not exceed an average of 20 initial light output lumens per square foot for each facade illuminated and must have a 90 degree cut-off with a flat lens.

         (C)   In no instance may the combined upward and downward lighting for building facades exceed 25 initial light output lumens per square foot for each facade illuminated.

         (D)   All landscape lighting shall be less than 500 initial light output lumens per source or the light source must be fully shielded from view and limited to 3,000 initial light output lumens per source fixture.

            (i)   Downward aimed lighting must not exceed 200 initial light output lumens per square foot of sign surface illuminated. The source must provide a 90 degree cut-off with a flat lens.

            (ii)   Upward aimed lighting must not exceed 100 initial light output lumens per square foot of sign surface illuminated. The light source must be fully screened from direct view.

            (iii)   In no instance may the combined upward and downward lighting exceed 25 initial lumens per square foot of surface illuminated.

            (i)   All sign and decorative light sources must not exceed the luminance standards below:

 

 

            (i)   All sign and decorative light sources must not exceed 6,500 nits.

         (A)   Example of complying recessed canopy light:

   Figure 21.301.07(c)(7)

            (i)   Nonresidential structures existing prior to May 5, 2022, unless required by conditions of approval;

            (ii)   Motion triggered lighting activated for safety and security purposes; or

            (iii)   Lighting approved by the Planning Commission or City Council.

 

 

      (1)   Lights with a color rendition index of less than 50 (except for approved architectural lighting);

      (2)   Lights with a color temperature (K) of less than 2,500 K (except for approved architectural lighting);

      (3)   Blinking, flashing, moving, revolving, flickering, changing intensity or color, and chase lighting, except lighting for temporary seasonal displays, lighting for public safety or required for air traffic safety;

      (4)   Any light fixture that may be confused with or construed as a traffic control device;

      (5)   Any upward oriented lighting, including searchlights, beacons and laser source light fixtures, except as otherwise provided for in this section or approved by the City Council for a special event or purpose;

      (6)   The installation or replacement of parking lot and access lighting with an efficacy less than 70 lumens per watt for the luminaire; and

      (7)   Building and grounds lighting that operate at greater than 100 watts must have an efficacy of 60 initial lumens per watt unless controlled by a motion sensor.

         (A)   When poles and support structures are removed and replaced for reasons other than acts of God or accidents, they must be replaced with luminaires, poles and supports that comply with this section; and

         (B)   When luminaires are replaced without replacement of poles or support structure, they must be replaced with luminaires that comply with all provisions of this section except the minimum light intensity provisions of subsection (c)(11) above. In no event, however, may the existing light intensity levels be reduced below existing lighting levels for the parking area.

      (2)   Inclusion of CCTV or sound surveillance devices monitored by security personnel qualify for up to a 10% lighting level reduction;

      (3)   Installation of panic buttons, intercoms or emergency phones throughout the parking area qualifies for up to a 5% lighting level reduction;

      (4)   Secured access and use of the parking area qualifies for up to a 5% lighting level reduction;

      (5)   Inclusion of signs and graphics to enhance movements throughout the site qualifies for up to a 3% lighting level reduction;

      (6)   For parking structures, increased parking structure windows or openings to enhance natural surveillance of parking structure occupants qualify for up to a 3% lighting level reduction in the parking structure; or

      (7)   Additional measures identified in a CPTED study submitted and approved with the reduction level determined by the City Police Department.

(Ord. 2008-13, passed 4-21-2008; Ord. 2009-41, passed 12-7-2009; Ord. 2010-1, passed 1-4-2010; Ord. 2012-2, passed 1-23-2012; Ord. 2013-19, passed 8-19-2013; Ord. 2015-5, passed 1-26-2015 Ord. 2016-6, passed 4-18-2016; Ord. 2017-9, passed 5-1-2017; Ord. 2019-3, passed 1-7-2019; Ord. 2019-47, passed 12-2-2019; Ord. 2019-58, passed 12-16-2019; Ord. 2022-13, passed 4-25-2022; Ord. 2024-34, passed 12-2-2024; Ord. 2024-54, passed 12-2-2024; Ord. 2025-49, passed 11-17-2025)

      (1)   Allow for areas on site for privacy, while maintaining the city’s general open design along streets;

      (2)   Provide screening and mitigation of potential conflicts between active areas and more passive areas;

      (3)   Enhance the overall aesthetic conditions within the city;

      (4)   Limit sight line obstructions;

      (5)   Reduce the potential for criminal and illegal activities; and

      (6)   Prevent conflicts with utilities and drainage flow.

 

 

         (A)   A residential fence in a yard abutting an arterial street as designated by the Comprehensive Plan may rise to a maximum height of six feet;

         (B)   Any residential fence may rise to a height of eight feet if the following locational requirements are all met:

            (i)   The fence must not be located in a front yard or yard abutting a street unless it is set back at least 65 feet from the public right-of-way; and

            (ii)   Fences located within side or rear yards not abutting a street must meet the required setback from a specific property line for a principal structure in the applicable zoning district;

         (C)   A residential fence in the rear yard of a corner lot may rise to a height of six feet provided the fence meets the minimum setback from the street for a principal structure in the applicable zoning district or provided the fence is no closer to a street than an existing principal structure or garage;

         (D)   A residential fence in the rear yard of a through lot when abutting lots are also through lots may rise to a height of six feet;

         (E)   A residential fence abutting a nonresidential use may rise to the height of eight feet;

         (F)   Screening fences required by the city code (see subsection (g)(4) below for references);

         (G)   Screening fences required by a condition of approval for a development application; and

         (H)   Public chain link fences for public safety and/or public research purposes such as along public trails and/or at public parks.

   Figure 21.301.08(c)(4)

         (A)   Fences in a yard adjacent to an arterial street as designated by the City Comprehensive Plan provided a 15-foot clear view triangle area is maintained between the intersection of any driveway with a sidewalk or bikeway;

         (B)   Screening fences required by the city code (see subsection(g)(4) below for references);

         (C)   Screening fences required by a condition of approval for a development application;

         (D)   Fences in the rear yard of a through lot when adjacent lots are also through lots;

         (E)   Fences in the rear yard of a corner lot when the fence is no closer to the street than an existing principal structure or garage; and

         (F)   Vegetation growing adjacent to or on a fence will not be considered in determining compliance with the opacity requirements for fences.

   Figure 21.301.08(d)(3)

         (A)   Temporary fences made of chicken wire are permitted for garden and farm poultry enclosure uses only; and

         (B)   Temporary fence wrap made of material designed to withstand wind loads is permitted for temporary construction or excavation fences pursuant to subsection (l) below.

   Figure 21.301.08(f)(3)

      (1)   A fence greater than seven feet in height, where permitted by this code, requires a building permit from the City Building and Inspection Division prior to installation.

      (2)   The installation of a fence within a floodplain as specified in § 21.208.01 requires the approval of the Planning Manager prior to installation.

      (3)   The installation of a fence within a shore area as specified in § 21.303.01(d) requires a shore area permit from the City Building and Inspection Division prior to installation.

      (1)   Maximum height: six feet; and

      (2)   Minimum setback: at the greater of the property line, or easement for public sidewalk, or as otherwise approved by the City Engineer.

(Ord. 2008-43, passed 12-1-2008; Ord. 2009-34, passed 11-2-2009; Ord. 2010-28, passed 11-1-2010; Ord. 2011-16, passed 8-1-2011; Ord. 2013-2, passed 2-25-2013; Ord. 2013-9, passed 4-1-2013; Ord. 2014-9, passed 5-5-2014; Ord. 2015-15, passed 5-18-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-21, passed 10-3-2016; Ord. 2019-2, passed 1-7-2019; Ord. 2019-3, passed 1-7-2019; Ord. 2019-50, passed 12-16-2019; Ord. 2021-7, passed 4-26-2021; Ord. 2022-19, passed 5-9-2022; Ord. 2022-62, passed 12-19-2022; Ord. 2023-48, passed 12-18-2023; Ord. 2024-28, passed 11-18-2024; Ord. 2024-33, passed 12-2-2024; Ord. 2025-39, passed 11-17-2025)

   (a)   Purpose and intent. The purpose of Transportation Demand Management (TDM) is to promote more efficient utilization of existing transportation facilities, reduce traffic congestion and mobile source pollution, and to ensure that new developments are designed in ways to maximize the potential for alternative transportation usage. TDM is a combination of services, incentives, facilities and actions that reduce single occupancy vehicle (SOV) trips to help relieve traffic congestion, allow parking flexibility and reduce air pollution.

   (b)   Applicability. Recognizing that development size and land use type directly affect traffic generation, the city has established two levels of TDM program applicability:

      (1)   A Tier 1 TDM program is required for all new development and/or redevelopment consisting of:

         (A)   New developments where the city code requires the provision of more than 350 parking spaces attributable to office, institutional, industrial and warehouse uses;

         (B)   New nonresidential developments seeking flexibility from the standard parking requirements in accordance with city code § 21.301.06(e)(3);

         (C)   Redevelopment and/or additions to existing nonresidential development that result in a 25% or greater increase in parking spaces attributable to office, institution, industrial and warehouse uses, and the total amount of required parking attributable to office, institution, industrial and warehouse uses is 350 or more spaces; or

         (D)   Other development as required by City Council condition.

      (2)   A Tier 2 TDM program is required for new nonresidential development, nonresidential redevelopment and/or additions to existing development over 1,000 square feet in floor area, provided a Tier 1 TDM program is not required.

      (3)   The following uses shall be exempt from Tier 1 TDM program requirements:

         (A)   Places of assembly;

         (B)   Schools (K-12);

         (C)   Parks and recreational facilities; and

         (D)   Other institutional uses that are not customarily in operation between the peak weekday traffic period (6:30 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m.).

   (c)   TDM plan requirements. Mandatory TDM plan requirements for the two levels include:

      (1)   Tier 1 TDM program.

         (A)   A TDM study prepared by a qualified traffic consultant that includes:

            (i)   A description of the projected transportation and parking impacts of the development at full site development, forecasts of SOV trips generated and the likely timing of those trips, and anticipated parking demand. The TDM study must be conducted in accordance with accepted methodology approved by the Director of Public Works or the Director’s designee. If determined to be a special study subject to the requirements of city code § 21.502.01(h), the traffic study must be prepared by an independent traffic engineering professional under the supervision of the Director of Public Works or the Director’s designee, and paid for by the applicant.

         (B)   A TDM plan prepared by the property owner that includes:

            (i)   A description of the TDM goals, including peak hour SOV trip reduction goals;

            (ii)   Description of TDM strategies and implementation measures and the anticipated SOV trip reduction associated with each strategy. The TDM measures may include, but are not limited to, on-site transit facilities, preferential location of car and van pool parking, telecommuting, on-site bicycle and pedestrian facilities and employer subsidized transit passes;

            (iii)   Description of the evaluation measures and process that will be used to determine the effectiveness of the TDM strategies used and progress toward achieving the SOV trip reduction goals; and

            (iv)   Proposed total expenditures to implement the TDM strategies for at least three years following the issuance of the certificate of occupancy.

         (C)   A TDM agreement prepared by the City Attorney’s office, executed by the property owner and the city, and filed by the property owner with the records for that property in the Registrar of Titles’ or Recorder’s office of the county with proof thereof presented to the issuing authority prior to issuance of a building permit;

         (D)   A financial guarantee in the amount established by the TDM program schedule set forth in the TDM policies and procedures document maintained by the Director of Public Works; and

         (E)   An annual status update report in the format specified in the TDM policies and procedures document maintained by the Director of Public Works, or otherwise approved by the Director or the Director’s designee, hereinafter referred to as the “annual status report.”

         (F)   In the event that an existing and active city approved TDM program exists for a site, the Tier 1 requirements may take the form of amendments to the existing document rather than a separate new document.

      (2)   Tier 2 TDM program.

         (A)   Prior to issuance of a building permit, a basic Tier 2 TDM plan describing the TDM strategies the property owner agrees to implement to reduce peak SOV trip generation that is prepared in the format specified in the TDM policies and procedures document maintained by the Director of Public Works or otherwise approved by the Director or the Director’s designee.

   (d)   Financial guarantee. The property owner must provide a financial guarantee prior to the issuance of the certificate of occupancy to ensure implementation of TDM strategies and progress towards meeting the approved TDM plan goals when a Tier 1 TDM plan is required. The financial guarantee rate is established by the TDM program schedule set forth in the TDM policies and procedures document maintained by the Director of Public Works. The financial guarantee may be provided in the form of cash, bond or a letter of credit at the discretion of the property owner.

      The city will retain the cash payment, bond or letter of credit for two years from the date the property owner verifies that occupancy of the leasable area of the development has reached 30%. This date shall hereinafter be referred to as the “initial TDM plan implementation date.”

   (E)   Administration. The Director of Public Works or the Director’s designee will administer Tier 1 and Tier 2 TDM plans, including, but not limited to:

      (1)   Review and approval of TDM plans;

      (2)   Maintenance of files for approved TDM plans;

      (3)   Monitoring progress toward implementation of TDM strategies and evaluating success of efforts to achieve TDM plan goals;

      (4)   Holding and releasing TDM financial guarantees; and

      (5)   Determining compliance in implementing TDM strategies as that relates to the release or forfeiture of TDM financial guarantees.

   (F)   Compliance. A property owner or its successors and assigns must demonstrate a good faith effort to implement strategies described in an approved Tier 1 TDM plan by submitting an annual status report within 30 days of the one year and two year anniversary dates of the initial TDM plan implementation date. The Director of Public Works or the Director’s designee will review the annual status reports, within 30 days of receipt, to determine if a good faith effort has been made to implement the strategies described in an approved Tier 1 TDM plan or otherwise achieve the approved TDM plan goals. The annual status report must include at least the following:

      (1)   Results of the survey questions included in the TDM annual status report model specified in the TDM policies and procedures document maintained by the Director of Public Works, compiled using the model format or a format otherwise approved by the Director of Public Works or the Director’s designee, to determine the effectiveness and participation in TDM strategies;

      (2)   Documentation of annual expenditures made to implement TDM strategies; and

      (3)   Documentation of the implementation of TDM strategies listed in the approved Tier 1 TDM plan and an evaluation of the success of each strategy based on the survey results, as well as, at the option of the property owner, any other verifiable method of measurement such as a follow-up traffic study.

   (g)   Release of the TDM financial guarantee. If the property owner or its successors and assigns demonstrates a good faith effort to implement the strategies set forth in the approved Tier 1 TDM plan as demonstrated by the data contained in the consecutive annual status reports, the TDM financial guarantee will be released to the property owner within seven working days of that determination by the Director of Public Works or the Director’s designee.

   (h)   Forfeiture of the TDM financial guarantee. Failure to comply with the provisions of an approved Tier 1 TDM plan constitutes a violation of this section of the city code.

      (1)   If the property owner or its successors or assigns fails to submit timely annual status report that document a good faith effort to implement the strategies set forth in their approved Tier 1 TDM plan, the Director of Public Works or the Director’s designee may direct that the TDM financial guarantee continue to be held for a period of up to another 12 months at the end of which an additional annual status report must be submitted. The TDM financial guarantee at the end of the additional period will be either released or forfeited based upon the Director of Public Works or the Director’s designee’s determination of whether or not the property owner has demonstrated a good faith effort to implement the TDM strategies set forth in the approved TDM plan or otherwise achieve the TDM plan goals.

      (2)   If the Director of Public Works or the Director’s designee determines on the basis of the annual status reports that the failure to implement the strategies set forth the Tier 1 TDM plan or otherwise achieve the TDM plan goals is attributable to inexcusable neglect on the part of the property owner or its successors and assigns, the financial guarantee will be immediately forfeited to the city.

   (i)   Appeals. The property owner or its successors or assigns may appeal the forfeiture or continued holding of the TDM financial guarantee or imposed sanctions to the City Council within 30 days following the mailing of the notice of forfeiture, continued holding or sanctions. The city will provide the appellant with at least ten days’ notice of the time and place of the hearing before the City Council.

(Ord. 2009-40, passed 12-7-2009; Ord. 2013-2, passed 2-25-2013; Ord. 2015-15, passed 5-18-2015)

   (a)   Purpose and intent. The city recognizes the importance of structure height in maintaining and creating neighborhood character, in casting shadows, in fostering economic development and in encouraging redevelopment. The provisions of this section are intended to:

      (1)   Preserve neighborhood character;

      (2)   Allow tall buildings in appropriate areas;

      (3)   Protect single-family, two-family and townhome dwellings from significant shadows;

      (4)   Facilitate the provision of telecommunication services while minimizing visual impacts; and

      (5)   Minimize the impact of taller buildings on adjacent uses and pedestrians.

   (b)   Height limits.

      (1)   Buildings and structures other than towers.

         (A)   Height limits map. Buildings and structures other than towers may not exceed the maximum height and building stories shown for their location on the official height limits map, which is hereby incorporated by reference as a part of the city code and is available online and in the Planning Division offices. Any proposed amendments to the height limits map will be considered amendments to the city code and must follow the same approval procedure. Buildings and structures other than towers are also subject to the use related height limits, airport related height limits, shadow standards and building step back standards discussed below.

         (B)   Single- and two-family residential uses. In addition to the height limits map, all sites with single- and two-family residential uses must also meet the following additional height limitations:

            (i)   Buildings must not exceed two stories in height;

            (ii)   At the five-foot side setback line, building height must not exceed 19 feet;

            (iii)   For portions of buildings between the five-foot and the 20-foot side setback line, building height may increase at no more than a 1:1 ratio to side setback (for example, at ten feet from the side lot line, building height is limited to 24 feet, see Figure 21.301.10(b)(1)(B)(vii) below);

            (iv)   Beyond the 20-foot side setback line, building height must not exceed 40 feet on facades facing a street. Facades that do not face a street have no height limit beyond the 20-foot side setback line;

            (v)   Flat roofed buildings must not exceed 30 feet in height on facades facing a street; and

            (vi)   Structures other than buildings must not exceed 30 feet in height.

            (vii)   Graphic illustration: single- and two-family residential height limits near side lot lines.

   Figure 21.301.10(b)(1)(B)(vii)

* Exception - beyond the 20-foot side setback line, facades that do not face a street have no height limit.

      (2)   Towers.

         (A)   Within all designated residential property the maximum height of any tower, including all antennas and other attachments, must not exceed 30 feet.

         (B)   Outside of designated residential property but within residential zoning districts, the maximum height of any tower, including all antennas and other attachments, must not exceed one foot for each four feet the tower is set back from designated residential property up to a maximum height of 75 feet.

         (C)   Within all nonresidential zoning districts, the maximum height of any tower, including all antennas and other attachments, must not exceed one foot for each two feet the tower is set back from designated residential property up to a maximum height of 75 feet in non-industrial zoning districts and 100 feet in industrial zoning districts.

   (c)   Airport related height limits. In addition to other height limitations noted in this section, no new building, structure or tower may be constructed or established; no existing building, structure or tower may be altered, changed, rebuilt, repaired or replaced; and no tree may be allowed to grow or be altered, repaired or replaced, or replanted in anyway so as to project above any airspace surface shown in the Minneapolis-St. Paul International Airport Zoning Ordinance.

   (d)   Shadows. The following required standards are intended to preserve daylight and solar access for residents of buildings on protected residential property.

      (1)   Prohibited shadows. New buildings and structures (or multiple buildings on the same site) must not exceed a height that would cast shadows on existing residentially used buildings on protected residential property at both 10:00 a.m. and 2:00 p.m. Central Standard Time on December 21.

      (2)   Shadow study. Any application for a building or structure (or multiple buildings on the same site) with the potential as determined by the issuing authority to cast shadows on existing residentially used buildings on protected residential property must include a shadow study. The shadow study must include an accurate site plan showing the proposed building, surrounding residentially used buildings on protected residential property, and the shadows that would be cast by the proposed building(s) or structure(s) at both 10:00 a.m. and 2:00 p.m. Central Standard Time on December 21. The shadow study must take into account differences in topography and must assume the following:

 

 

   (e)   Pedestrian street step back standards. The following required standards are intended to maintain a pedestrian scale and character, minimize the impacts of shadows and minimize the impacts of wind currents along pedestrian oriented streets by limiting building height near the street. The standards apply only to buildings and structures along pedestrian street segments designated on the official height limits map, which is hereby incorporated by reference in the city code and is available online and in the Planning Division offices. Any proposed amendments to the pedestrian street segments designated on the height limits map will be considered amendments to the city code.

      (1)   Pedestrian street step back standard. The height of any portion of a new building or structure above the fourth story adjacent to a pedestrian street segment may not exceed the horizontal distance of that portion of the structure to the centerline of the adjacent pedestrian street segment, except that portions of buildings or structures more than 80 feet from the centerline of the adjacent pedestrian street segment are exempt from further step back. See Figure 21.301.10(e)(4) below for an illustration of the pedestrian street step back standard. For the purposes of pedestrian street step back standards, building height is calculated relative to the elevation of the centerline of the street.

      (2)   Exceptions.

         (A)   To allow building variation along individual block faces, up to 25% of the width of an individual block face may include existing or proposed buildings that exceed the pedestrian street step back standard. For the purposes of this section, a BLOCK FACE is one side of a block measured from curb to curb.

         (B)   In situations where one development spans both sides of a pedestrian street segment, the pedestrian street step back standard is waived if, on the opposite side of a designated pedestrian street segment from a proposed building:

            (i)   No building exists or is proposed; or

            (ii)   An existing or proposed building does not exceed one story.

         (C)   In situations where one development spans both sides of a pedestrian street segment, the pedestrian street step back standard is waived if the distance between buildings on opposite sides of the street, measured at their closest point, is greater than twice the height of the taller building as measured according to subsection (i)(1) below.

      (3)   Flexibility. Applicants may seek pedestrian street step back standard flexibility through the planned development process by demonstrating that other means will be used to maintain a quality pedestrian environment that avoids a canyon effect, including but not limited to varying building heights and setbacks, providing sufficient spacing between opposing buildings across streets, and providing interspersed parks and open spaces.

      (4)   Graphic illustration: step back standard along a pedestrian street segment.

   Figure 21.301.10(e)(4)

   (f)   Step back from residential standards. The following required standards are intended to minimize the impacts of shadows on protected residential property and preserve residential neighborhood character. The standards apply to new buildings and structures within 100 feet of protected residential property, except single-family, two-family, townhouse and rowhouse dwellings, and their accessory buildings and structures, which are exempt from residential step back standards.

      (1)   Step back from residential standard. The height of any portion of a new building or structure may not exceed the horizontal distance of that portion of the structure to the nearest protected residential property line, except that portions of buildings or structures more than 100 feet from the nearest protected residential property line are exempt from further step back. See Figure 21.301.10(f)(2) below for an illustration of the step back from residential standard. For the purposes of step back from residential standards, building height is calculated relative to the elevation at the protected residential property line.

      (2)   Graphic illustration: step back standard near protected residential property.

   Figure 21.301.10(f)(2)

   (g)   Exceptions. The following exceptions to the standards of this section apply:

      (1)   Public utility structures, including, but not limited to, water towers, public safety antennas, lights and signals, power and telephone poles, public safety radio towers and poles supporting emergency warning devices are required to meet airport related height limits but are not required to comply with the other height limits of this section. When a public utility structure outside the public right-of way is extended or replaced to accommodate the co-location of a commercial wireless telecommunication service facility, such extension must comply with the requirements of this section;

      (2)   Antenna mounting structures in the public right-of-way are required to meet airport related height limits but are not required to comply with the other height limits of this section. Instead, their height is regulated by Chapter 17, Article IV of the city code;

      (3)   Places of assembly for worship and their related sanctuaries, steeples, spires, bell towers and similar structures are required to meet airport related height limits but are not required to comply with the other height limits of this section. Height for these structures is regulated by § 21.302.36;

      (4)   Multi-user towers may exceed the height limitations of subsection (b)(2) above by up to 20 feet provided they comply with airport related height limits;

      (5)   In accordance with the Federal Communications Commission’s preemptive ruling PRB1, a tower erected for the primary purpose of supporting amateur radio antennas may exceed 30 feet in height provided that a determination is made by the Planning Manager that the proposed tower height is technically necessary to successfully engage in amateur radio communications and provided it complies with airport related height limits;

      (6)   Residential chimneys, up to four feet in width or depth, may exceed the height limitations of this section by up to two feet provided they comply with airport related height limits; and

      (7)   Access doors and garage doors to basements, underground garages and tuckunder garages may exceed the height limitations of this section by up to 11 feet provided the width of wall area or areas exposed to accommodate the doors does not exceed 50% of the width of the elevation through which it provides access and does not exceed 10% of the total width of all facades on the building measured in elevation view.

   (i)   Measurement.

      (1)   Height. The height of structures, buildings and towers is determined by measuring the vertical distance from the lowest proposed ground elevation that abuts the structure, building or tower to the highest point on any part of the structure, building or tower, including rooftop equipment, antennas and lightning rods. In the event a tower is mounted on top of another structure or building, the tower height is determined by measuring the vertical distance from the lowest proposed ground elevation that abuts the structure or building on which the tower is mounted to the highest point on any part of the tower, including antennas and lightning rods.

         In the event that the grade has been or is proposed to be increased for the primary purpose of increasing the elevation of the structure, building or tower instead of for normal engineering purposes such as facilitating drainage or achieving gravity flow sewer operation, the height is measured from the lowest elevation required for normal engineering purposes that abuts the structure, building or tower.

      (2)   Building stories. The number of stories is determined by counting the total number of above-ground, habitable floors in the building, not including walk-out basements, attics or underground parking.

(Ord. 2010-29, passed 11-1-2010; Ord. 2015-3, passed 1-26-2015; Ord. 2015-5, passed 1-26-2015; Ord. 2015-15, passed 5-18-2015; Ord. 2017-15, passed 5-22-2017; Ord. 2024-28, passed 11-18-2024)

   (a)   Purpose and intent. The city recognizes the need to enable homeowners and businesses to install alternative energy systems while ensuring alternative energy system components meet city health, safety and general welfare standards. This section’s provisions are intended to:

      (1)   Promote the public health, safety and general welfare;

      (2)   Enable homeowners and businesses to install alternative energy systems to promote energy efficiency;