1. Primary Purpose: Excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of structures and the lack of proper attention to site development and landscaping in the City hinder the harmonious development of the City, impair the desirability of residences, investment or occupation in the City, limit the opportunity to attain the optimum use and value of land and improvements, adversely affect the stability and value of property, produce degeneration of conditions affecting the peace, health and welfare of the City, and destroy a proper relationship between the taxable value of property and the cost of Municipal services. A primary purpose of this title is to eliminate such problems.
2. Maintenance Of Certain Standards: The maintenance of certain standards is essential to ensure compatible relationships between land uses within a community. All uses allowed, as either permitted or conditional uses within the City's various zoning districts, shall conform to the following general provisions and performance standards. (Ord. 244, 11-15-1982)
3. Substitution Clause: The owner of any image which is otherwise allowed by this Code may substitute noncommercial speech in lieu of any other commercial speech or noncommercial speech. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial speech over any other noncommercial speech. This provision prevails over any more specific provision to the contrary. (Ord. 1265, 5-22-2012)

1. Except as otherwise provided by law and this title, any nonconformity, including the lawful use or occupation of land or premises existing upon April 6, 2010, may be continued through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
   1. The nonconformity or occupancy is discontinued for a period of more than one year; or
   2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, the city council may impose reasonable conditions on a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body.
2. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
3. Nothing in this title shall prevent a property owner from putting a structure in safe condition after the structure has been declared unsafe by the building inspector.
4. Any structure which will, under this title, become nonconforming but for which a building permit has been lawfully granted prior to April 6, 2010 (the effective date of this title or of amendments thereto), may be completed in accordance with the approved plans, provided construction is started within six (6) months of the effective date of this title or amendment thereof and continues to completion within one year.
5. A lawful nonconforming use of a structure or land may be changed to a more restrictive nonconforming use. Once a structure or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use.
6. Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units. (Ord. 1226, 1-18-2011)
7. Improvements may be made to existing lawful nonconforming structures, provided that such improvements shall not enlarge the structure by fifty percent (50%) or more and provided the new improvements meet all other performance standards of the building code, fire code and this title. (Ord. 1353, 9-8-2015)
8. For structures located outside of a FEMA floodplain, building up above the existing footprint of a structure does not constitute an increase in the nonconformity.
9. Any expansion of the footprint of a nonconforming structure shall be in conformance with this title.
10. Parcels with legal nonconforming green space may make improvements and footprint alterations as long as the green space is not further decreased.
11. A nonconforming use of a structure or land shall not be moved to any other part of the parcel upon which it was conducted or located at the time of adoption or amendment to this title unless the movement will reduce the nonconformity.
12. For nonconforming uses as a result of some properties zoned I-2, B-3, and B-4 to GIM and GIH (see chapters 26A and 26B of this title).
13. The city may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. (Ord. 1226, 1-18-2011)
    

1. A lot of record lawfully existing upon the effective date of this title in an R residential district which does not meet the requirements of this title as to area or width may be used for a single-family detached dwelling purpose provided the measurements of both the area and width are each within seventy percent (70%) of the requirements of this title. The lot of record shall not be more intensively developed unless combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of this title.
2. Except by the use of a conditional use permit or planned unit development, not more than one principal structure shall be located on a lot of record. (Ord. 244, 11-15-1982)
   

1. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
2. No accessory building or structure shall exceed the height of the principal building or structure. However, in no case shall such accessory building exceed 15 feet in height with 10 foot side walls in the R-1 District, and 20 feet in height in the R-1A District.
3. In the R-1 District accessory buildings and structures identified in subsection (K) of this section and not exceeding 500 square feet of floor area each are allowed as follows:
   1. Accessory buildings and structures may not exceed 500 square feet of floor area each, except for swimming pools and sport courts which may not exceed 1,000 square feet. An accessory building on a lot with an existing garage, and swimming pool or sport court may not exceed 225 square feet.
   2. If a lot has a home with an attached garage, one gazebo and one additional accessory building, and one swimming pool or sport court is permitted.
   3. If a lot has a home with a detached garage, one gazebo and one additional accessory building, or one swimming pool or sport court in addition to the existing detached garage is permitted.
   4. If a lot has a home without an attached garage or detached garage, one garage, one gazebo and one additional accessory building, or one swimming pool or sport court is permitted.
4. In the R-1A District, accessory buildings or structures identified in subsection (K) of this section shall be allowed as follows:
   1. Lots less than 2 acres in size shall follow the same requirements as in the R-1 District.
   2. Lots of 2 acres in size and greater shall be limited to one per acre and no accessory building or structure shall exceed 1,000 square feet of floor area.
5. Accessory buildings exceeding the number and square footage permitted in the R-1 and R-1A Districts shall require a conditional use permit.
6. No accessory structure or building except detached garages and flagpoles shall be located nearer to the front lot line than the principal building or structure on that lot. This includes portable recreational structures such as trampolines and play sets.
   1. Accessory structures, detached garages and buildings in the R-3D District are exempt from this standard and subject to the requirements of subsection 10-18-6(A-C) of this title.
   2. Trash enclosure accessory structures on lots with 2 or more frontages in the R-3A, R-3B, TOD, MIX, All Business, CRD, and Industrial Districts are exempt from this standard and subject to the front yard setback of their respective zoning districts.
7. All accessory buildings on through lots located in R Districts shall satisfy the principal structure front yard setback requirements. In the case of a through or double frontage lot, the front yard lot setback abutting the rear of the principal structure may be reduced by up to 20 feet.
8. No tent, trailer or accessory building shall at any time be used as an occupied dwelling.
   1. Accessory dwelling units in the R-1 and R-1A Districts are exempt from this standard subject to the requirements of 10-7-52 of this chapter.
9. Carports when added to the principal building shall comply with the setback requirements for the principal structure and when freestanding shall comply with the setbacks and size requirements for accessory buildings. Carports must be constructed of permanent materials meeting Building Code standards for residential roofing and exterior construction. No temporary materials such as canvas or plastic shall be permitted.
   1. Carports in the R-3D District are exempt from this standard and subject to the requirements of subsection 10-18-6(B) of this title.
      
10. For purposes of subsections (C) and (D) of this section, the following are considered accessory structures and accessory buildings:
    
    

    Accessory Structures	Accessory Buildings
    Gazebo	Detached garage
    Sport court	Pool house
    Swimming pools	Shed
    Trampoline

11. Flagpoles are permitted in any district subject to the following:
    1. The maximum height shall not exceed 50 percent of the maximum height standard for the zoning district within which the flagpole is located.
    2. Flags and/or flagpoles are not permitted on a roof or top of a building.
    3. Flagpoles shall be set back from the right-of-way line a distance equal to the flagpole height.
    4. Private flagpoles are not permitted within the right-of-way.
    5. Flags and flagpoles shall be constructed in a permanent fashion and maintained in good repair.
    6. Flagpoles with broken halyards shall not be used and flags which are torn or frayed shall not be displayed.
    7. No more than 3 flags may be displayed outside of a building. This number may, however, be increased to a total of 6 flags provided the following standards are met:
       1. No 2 pairs of flags may be the same.
       2. Where multiple flagpoles are used, there shall be a maximum spacing of 20 feet allowed between the poles.

(Ord. 1265, 5-22-2012; Ord. 1394, 8-16-2016; Ord. 1397, 9-20-2016; Ord. 1424, 10-22-2019)

1. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this title, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced.
2. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open spaces, or minimum lot area requirements for any other building.
3. The following shall not be considered to be encroachments on yard requirements:
   1. Ornamental Features And Other Extensions: Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than two and one-half feet (2 1/2') into the yard and off street parking as hereinafter regulated.
   2. Yard Lights And Nameplates: Yard lights and nameplate signs for one- and two-family dwellings, lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property may be located to within five feet (5') of the front lot line.
   3. Fences: Front yard fences which do not exceed three and one-half feet (3 1/2') in height or as required elsewhere in this title and terraces, steps, stoops and similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of less than two feet (2') from any lot line.
   4. In Side Or Rear Yards Only: Bays not to exceed a depth of two feet (2') nor to contain an area of more than twenty (20) square feet, fire escapes not to exceed a width of three feet (3'), fences and walls not to exceed a height of eight feet (8') above grade and open off street parking. In no case shall a deck, balcony, uncovered porch or similar outdoor living space be located nearer than five feet (5') from a side or eight feet (8') from the rear line. Fences and walls in excess of eight feet (8') may be allowed by conditional use permit.
   5. Rear Yard Only: Balconies, accessory structures except that no structure shall be closer than eight feet (8') from the rear lot line, breezeways, detached outdoor picnic shelters and recreational equipment, except as regulated hereinafter.
   6. In Side Yards Only: Accessory structures except that no accessory structure shall be closer than five feet (5') from any side lot line.
4. No accessory equipment such as air conditioning cooling structures or condensers which generate noise shall be located in a required side yard except for side yards abutting streets where equipment is fully screened from view except by conditional use permit.
5. Through lots in any district shall have a required front yard on each street.
6. In the B and I districts, where the average depth of at least two (2) existing front yards for buildings within one hundred fifty feet (150') of the lot in question are less or greater than the minimum front yard depth required for the district, required front yards shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than twenty feet (20') nor be required to exceed fifty feet (50').
7. In any R district where the average depth of at least two (2) existing front yards for buildings within one hundred fifty feet (150') of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yard; however, the depth of a front yard shall not be less than twenty feet (20') nor be required to exceed fifty feet (50'). (Ord. 244, 11-15-1982)
8. The maximum driveway and vehicle parking coverage between the front of a dwelling and the front lot line shall be thirty five percent (35%). This applies to any single- or two-family dwelling lots, regardless of the zoning district. The requirement is calculated on the area between the front of the dwelling and the front lot line, regardless of the dwelling's setback. In the situation of a corner lot, through or double fronted lot this applies to any yard area with the driveway access to the street. Lots located within a Shoreland District shall also comply with subsection 10-8-10(C)5 of this title.
9. The required interior side yard for the principal structure on a single-family residential lot may be reduced by a residential conditional use permit for a garage stall addition, if the City Council finds that the following standards have been met:
   1. The reduction of the setback requirement is for the addition of a garage stall to an existing, single stall attached garage of less than four hundred forty (440) square feet in floor area.
   2. There are no other garage stalls or structures on the lot, and the garage stall addition will bring the existing single stall garage into conformance with the minimum requirements of subsection 10-7-26(D) of this chapter and subsection 10-12-1(D) of this title.
   3. The side yard may be reduced as follows:
      1. The interior side yard setback requirement may be reduced to a minimum of two feet (2') for a single stall addition to an attached single stall garage; provided, that the structure on the adjoining lot will be at least ten feet (10') from the addition, excluding any roof overhangs.
      2. If the adjoining structure is also a single stall garage, the setback requirement shall not be reduced to less than five feet (5') to allow for the future expansion of the adjacent, nonconforming garage.
      3. In no case shall a roof overhang be closer than two feet (2') to the lot line.
   4. The reduced side yard will not interfere with any drainage or utility easement. If the proposed reduction in setback requirements will encroach into an existing drainage or utility easement, the applicant must obtain a vacation of the easement.
   5. The reduced side yard will work toward the preservation of trees or unique physical features of the lot or area, including steep slopes.
   6. The reduced side yard will not obstruct traffic visibility or cause a public safety problem.
   7. The single garage stall addition cannot reasonably be attached to another portion of the existing residence because of the floor plan of the residence.
   8. The reduction of the setback requirement is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this subsection (I). (Ord. 1147, 12-16-2008)
      

No fences, structures, vending machines or plantings shall be permitted to exceed thirty inches (30") in height within any front or side yard areas on a corner lot which may interfere with the visibility across the corner. A minimum sight triangle shall be established on each corner lot at every street intersection through which motorists shall have reasonable unobstructed view. The minimum sight triangle is a triangle located at the corner of intersecting streets. The adjacent sides shall be located along the curb line or along the gutter line of streets without curb and gutter, and shall be fifty feet (50') in length. The third side shall be a straight line joining the end points of the adjacent sides. The City may order removal of vision obstructions located within the minimum sight triangle. (Ord. 244, 11-15-1982)

Essential services shall be permitted as authorized and regulated by State law and the provisions of this Code, it being the intention that such are exempt from the application of this title, except that small wireless or other telecommunications facilities, to the extent allowed by State law or this Code to be placed in the right-of-way as specified by title 8, chapter 14 of this Code, shall be allowed only as a conditional use if located within or abutting zoning districts allowing residential uses, if the proposed facility is to be located on a new or replacement pole or support structure.

1. Conditions for locating small cell wireless facilities in residential and historical districts:
   1. Standard Conditions:
      1. Height of all facilities shall not exceed the average height of all structures on the block or the maximum height of structures allowed in the district, whichever is less.
      2. All facilities shall be located in the right-of-way in the area defined by the side yard drainage and utility easement area. If an area does not have drainage and utility easements then the facilities shall be within five feet (5') of a side property line.
      3. All facilities within any front or rear setback areas shall be located closest to the property line, furthest from the road centerline as possible, but no further back from the curb or any sidewalk or trail than ten feet (10').
      4. All facilities shall be located as near as practicable to intersections.
      5. All facilities shall be located to the extent practicable on existing poles and other structures currently in the right-of-way.
   2. Other Conditions:
      1. Other conditions unique to the proposed placement of facilities in the right-of-way may be attached to protect the health, safety and welfare of neighboring properties, other users of the right-of-way, and the public. (Ord. 1426, 7-18-2017)
         

1. Existing Farms: All farms currently in existence will be permitted to continue operation subject to the following conditions:
   1. Any new private stable or other building in which farm animals are kept shall be set back a minimum distance of one hundred feet (100') from any other lot.
   2. Limited sales of products produced on a farm or truck farm/garden may be conducted on the premises. To utilize a roadside stand, such stand shall not exceed twelve feet (12') in height or five hundred (500) square feet in floor area, and no portion of any such stand shall be located or erected nearer than fifty feet (50') to any public right-of-way or adjacent lot line.
2. Farming Uses In Floodplains: Farming uses are permitted in Federal Emergency Management Agency (FEMA) floodplains subject to the requirements of chapter 10 of this title.
3. Community Gardens: Community gardens are permitted in all zoning districts except the CD, Conservancy District, and shall be subject to the following requirements:
   1. Use: Community gardens may be the principal or accessory use on a parcel.
   2. Excavation: No excavation for the garden shall occur until after the property owner has had all underground utilities located on the site and has clearly marked the area where gardening may occur without disturbance to utilities.
   3. Location: Community gardens may not be located within any easement without the property owner obtaining written permission from the easement holder. (Ord. 1225, 1-18-2011)
   4. Signs: One informational sign shall be displayed as regulated by section 10-30-4 of this title.
   5. Accessory Buildings: Accessory buildings for community gardens are not permitted on vacant parcels. Developed parcels may have accessory buildings as allowed in the underlying zoning district.
   6. Fences: Fences are allowed as permitted by section 10-7-19 of this chapter and provided they are made of sturdy, rust resistant woven wire and/or rot resistant wood, are well maintained and neat in appearance.
   7. Trees: No living trees that are two and one-half inches (2.5") or greater in caliper shall be removed for the community garden.
   8. Parking: Parking for the garden shall be provided on streets where parking is permitted or on an existing parking surface with the written permission of the owner of the parking surface. (Ord. 1225, 1-18-2011)
   9. Private Trash And Recycling Containers: Private trash containers may be placed on site provided they meet accessory structure setbacks for the underlying zoning district and are one hundred percent (100%) screened by a solid fence, wall, berm or densely planted evergreen vegetation of sufficient height to screen the containers from view from adjacent properties and right-of-way. All trash shall be removed from the site at least once per week. (Ord. 1316, 4-8-2014)
   10. Compost Bins: Compost bins are permitted as regulated by title 7, chapter 10 of this Code.
   11. Setbacks: The garden shall be set back a minimum of twenty feet (20') from all property lines in order to provide a vegetated buffer of grass or other plants to minimize the transfer of sediment and to delineate the edges of the garden.
   12. Access: Paths may be installed to access the garden and individual garden plots provided the paths are constructed using natural landscape materials including wood chips, mulch, landscape rock or pea gravel.
   13. Negative Impacts: The site shall be designed and maintained to prevent negative impacts to adjacent properties from individual gardeners and gardening activities including, but not limited to, irrigation, fertilizer, soils, stormwater, cultivated areas, trespassing and garden debris.
   14. Maintenance: Community gardens shall be maintained in a neat and orderly manner. Trash, weeds, dirt piles and debris of any sort shall not be allowed to accumulate on site. Dead garden plants shall be regularly removed and, in any instance, by no later than October 31 of each year.
   15. Site Restoration: Upon cessation of the community garden, the site shall be fully restored to the pregarden status. All aboveground remains of the garden shall be promptly removed and the ground leveled and restored so it can be utilized for uses permitted in the zoning district. (Ord. 1225, 1-18-2011)
4. Beekeeping: Beekeeping is a permitted use in the R-1A Zoning District and shall be subject to the following requirements:
   1. The hive shall meet the accessory structure setbacks for the R-1A Zoning District.
   2. It shall be the beekeepers' responsibility to manage the hives including providing a water source on site, adequate living space, and management of any unusual aggressive behavior or swarming of the honey bees. (Ord. 1412, 5-2-2017)
      

Noise shall be muffled or otherwise controlled so as not to become a nuisance. Noise levels shall be regulated by the standards of the Minnesota Pollution Control Agency. (Ord. 244, 11-15-1982)

The ambient air quality standards of the Minnesota Pollution Control Agency shall apply to the release of airborne materials within the City. (Ord. 244, 11-15-1982)

The Minnesota Pollution Control Agency standards governing toxic or noxious matter shall apply. (Ord. 244, 11-15-1982)

The Minnesota Pollution Control Agency standards shall apply. (Ord. 244, 11-15-1982)

No land, existing building or proposed structure shall be used or occupied in any manner creating dangerous, noxious or otherwise objectionable conditions which could adversely affect the surrounding area. (Ord. 244, 11-15-1982)

No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment including, but not limited to, radio and television reception other than that of the creator of the disturbance. (Ord. 244, 11-15-1982)

Any use creating periodic earthshaking vibrations, such as may be created from a drop forge, shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction. (Ord. 244, 11-15-1982)

Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from R districts and public streets. (Ord. 244, 11-15-1982)

Any use requiring the storage, use or manufacturing of products which could decompose by detonation shall be located not less than four hundred feet (400') from any R district line provided that this section shall not apply to the storage or use of liquefied petroleum or natural gas for normal residential or business purposes. (Ord. 244, 11-15-1982)

1. Screening and buffer requirements shall be satisfied through the use of buildings, berms, solid fences, mesh netting or mesh screens affixed to chain link, walls, planting screens, evergreen trees, hedges, grade change or some combination thereof. If the topography, existing vegetation, permanent structure or other features create a barrier which meets the standards of this section, they may be substituted.
   1. Screening Fences, Walls: A screening fence or wall shall be constructed of attractive, permanent finished materials. Such screens shall be at least six feet (6') in height and provide one hundred percent (100%) obstruction of the view of the item(s) to be screened, when viewed from adjacent properties or lots, and right-of-way or private road.
   2. Planting Screens: Planting screens shall be fully irrigated, consist of healthy, hardy plants, at least six feet (6') in height and designed to provide one hundred percent (100%) year round obstruction of the view of the item(s) to be screened, when viewed from adjacent properties or lots, and right-of-way or private road.
   3. Buffer Areas: Buffer areas shall be provided wherever business and/or industrial uses are located adjacent to or across the street from residential uses. Buffer areas shall separate parking areas, driveways and structures from residential uses and contain the following:
      1. A berm, fence, mesh netting or screens affixed to chain link, slats with chain link, evergreen trees, hedge, or combination thereof of not less than six feet (6') in height at the time of installation, except adjacent to a street where a landscaped buffer not less than three feet (3') nor more than four feet (4') in height shall be installed and maintained. All landscaped buffer areas shall be irrigated. Buffer areas are designed to partially obscure the appearance but not to one hundred percent (100%) obstruct the view of the item(s) to be buffered.
   4. Headlight Screening: In business and industrial districts, the view of light from automobile headlights and other similar on site sources shall be one hundred percent (100%) screened whenever it may be directed onto residential windows.
2. Multi-Family, Mixed Use, Commercial, And Industrial Lots: All private trash, recyclable materials, trash and recyclable materials handling equipment and compactors shall be screened on three (3) sides pursuant to this section, be screened from public view by the principal building, be stored within the principal building or stored within an accessory structure. A gate is not required. A roof is not required. For the purposes of this section, “trash” means “mixed Municipal solid waste” as defined in section 7-7-1 of this Code.
   1. Lots With Two Or More Frontages: In the case of a lot with two (2) or more street frontages, trash enclosure accessory structures are exempt from the requirements of 10-7-4(F).
   2. Single-Family And Two-Family Residential Lots: Residential waste and recycling containers ninety-six (96) gallons or less shall be stored in or within five feet (5') of the primary structure and behind the primary building wall, garage, attached or detached structure facing the primary street.
3. Single-Family And Two-Family Residential Lots: Residential waste and recycling containers ninety-six (96) gallons or less shall be stored in or within five feet (5') of the principal structure and behind the principal building wall, garage, attached or detached structure facing the front street.
4. Maintenance:
   1. Screen fences, walls and private trash screening which are in disrepair shall be repaired by the private property owner.
   2. Planting screens shall be maintained in a neat, healthy condition in accordance with subsection 10-30A-3(O) of this title. Plantings which have died shall be promptly replaced by the private property owner in accordance with a landscape and/or screening plan approved by the City for the site.
5. Compliance:
   1. All new development or full redevelopment of a site shall comply with the screening requirements of this section.
   2. All redevelopment that results in disturbance of one-half (1/2) acre or more or the addition of five thousand (5,000) square feet of impervious surface shall comply with the screening requirements of this section.
   3. Existing uses shall comply with the screening requirements listed in this section within thirty (30) days of notice by the Director of Community Development or designee, and with the maintenance requirements within three (3) weeks of receiving notice. Compliance by existing uses shall not be required if the City determines either that because of the unique character of the existing use compliance is not needed to promote the welfare of the City or that compliance is not reasonably possible because of the existing development.
   4. The obligation to establish new screening shall be joint when businesses abut multi-family uses and districts.
6. Exceptions: Public trash and recycling containers for the use by the general public including, but not limited to, trash cans in parks, bus stops, gas stations and entrances to commercial, industrial, public and institutional buildings, shall be exempt from the screening and buffer requirements of this section. Dumpsters, trash and recycling containers intended for private collection are not exempt from screening and buffer requirements.

Fences shall be permitted in all yards subject to the following:

1. Permits:
   1. Building permits are required for fences that are taller than 7 feet. (Ord. 1353, 9-8-2015)
2. Locations: Fences shall be located entirely upon the private property of the persons constructing the fence. The City may require the owner of the property with an existing fence to establish the boundary lines of their property with a survey.
3. Construction: Fences shall be constructed in a workmanlike manner and of materials reasonably suited for their intended purpose.
   1. The "face" side of a fence (i.e., the finished side having no structural supports) shall face abutting the adjacent neighboring property or street right-of-way.
   2. Fences shall be constructed of a durable and permanent materials suitable for outdoor construction. Chain link fences shall have a weather resistant coating. All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected from the elements by paint, stain or other protective surface covering or treatment.
4. Maintenance: Every fence shall be maintained on both sides in a condition of good repair and shall not be allowed to become or remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any fence which is, or has become dangerous to the City health or welfare is a public nuisance, and the City may commence proper proceedings for the abatement thereof.
   1. Peeling, flaking and chipped coating shall be eliminated and surfaces recoated. The property owner shall be responsible for maintaining the area between the property line and the owner's fence. (Ord. 1466, 9-18-2018)
5. Electric Fences: Electric fences shall not be permitted except for agricultural purposes and for the control of deer in residential gardens, provided that garden fencing shall comply with the following standards:
   1. The fence shall be electrified using only a UL listed fence controller, or an equivalent approved by the City electrical inspector.
   2. The fence may consist of multiple strands of electrified wire, but at least one strand shall be installed at a height between 30 inches and 36 inches above the ground and marked with warning signs that are no less than 8 square inches in size and that are attached to the wire no less than 10 feet apart.
   3. The fence shall not be located in the front yard as defined in section 10-4-2 of this title.
   4. The fence shall be located only around the perimeter of each garden or freestanding flowerbed to be protected, up to the property line, and shall in no instance be used as perimeter fencing for the property.
   5. The fence, including the wires, shall not exceed the height limitations of subsections (G)1 and (G)2 of this section.
6. Barbed Wire Fences: Barbed wire fences shall only be permitted on farms or for special security requirements by conditional use permit. (Ord. 673, 6-2-1997)
7. Residential Fencing And Screening:
   1. Except as provided herein, fences outside the buildable area of a lot may not exceed 6 feet in height.
   2. Except as provided herein, fences within the buildable area of a lot or in the case of the rear lot line at least 10 feet from the rear lot line, may not exceed 8 feet in height.
   3. Fences extending across front yards shall not exceed 42 inches in height and shall be at least 75 percent open space for passage of air and light. (Ord. 1466, 9-18-2018)
   4. In the case of a through or double frontage lot, fences within the front yard abutting the rear of the principal structure:
      1. Fences within 20 feet from the additional front lot line may not exceed 8 feet in height.
      2. Fences within 10 feet from the additional front lot line may not exceed 6 feet.
   5. Slats within chain link fences shall be prohibited.
8. Swimming Pool Protection: Pool barrier and screening requirements shall comply with Title 4, Chapter 2 of this Code. (Ord. 1092, 9-17-2007)
9. Business And Industrial Fencing:
   1. Business and industrial fences may be erected up to 8 feet in height. Fences in excess of 8 feet shall require a conditional use permit.
   2. Business and industrial fences with barbed wire security arms a minimum of 6 feet in height (measured without the security arm) may be allowed by conditional use permit. The security arm shall be angled in such a manner that it extends only over the property of the permit holder and does not endanger the public. Such security fencing shall not be located along a property line abutting a residential use.
   3. Slats within chain link shall be allowed by conditional use permit. (Ord. 1466, 9-18-2018)
10. Mixed Use Districts Fencing: Unless otherwise stated, Mixed Use Zoning Districts (MIX and TOD) are considered Commercial Zoning Districts for purposes of this section.
11. Special Purpose Fences: Fences for special purpose and fences differing in construction, height or length may be permitted in any district by conditional use permit. Findings shall be made that the fence is necessary to protect, buffer or improve the premises.
    

All structures and property shall be maintained in a manner consistent with the goals and objectives of the Comprehensive Plan, section 4-8-1 of this Code, and as required by this Code. All property owners shall be responsible for keeping their land free of waste material, noxious weeds and other problems potentially detrimental to the general health, safety and welfare. All trees shall be maintained in a healthy condition. (Ord. 1438, 10-17-2017)

In all districts exterior storage is prohibited except as permitted by the underlying zoning district.

1. Exterior storage areas shall be one hundred percent (100%) screened from ground level view around the perimeter of the storage area. Screening shall be consistent with section 10-7-18 of this chapter. (Ord. 1132, 8-19-2008)

1. Waste material shall not be washed or dumped into the public storm sewer system or the sanitary sewer system without a permit from the City. If the permit is not granted, a method of disposal shall be devised which shall not require continuous land acquisition for permanent operation and will not cause a detrimental effect to the adjacent land. Should the waste be of a solid form rather than fluid, the storage area shall be so located and screened from view pursuant to section 10-7-18 of this chapter.
2. In all districts, all private waste material, debris, refuse, garbage, goods, recyclables, or other materials not currently in use for construction or otherwise regulated herein shall be kept in an enclosed building or screened pursuant to section 10-7-18 of this chapter and according to the special minimum requirements of the zoning district.
3. Public collection bins for recyclables such as clothing, metals and other items, are considered to be outdoor storage and are permitted only where allowed in the underlying zoning district and subject to the screening requirements of section 10-7-18 of this chapter. (Ord. 1316, 4-8-2014)
   

No land shall be developed and no use shall be permitted that results in water runoff causing flooding or erosion on adjacent properties. Runoff shall be properly channeled into a storm drain, watercourse, ponding area or other suitable facility. (Ord. 244, 11-15-1982)

1. Traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic through residential areas.
2. Traffic into and out of all business and industrial uses or areas shall be forward moving with no backing onto streets or pedestrianways.
3. No access drive to any lot shall be located within twenty feet (20') of any two (2) intersecting street right-of-way lines. (Ord. 1132, 8-19-2008)
4. A traffic study shall be required under any of the following conditions as directed by the City Engineer:
   1. A development proposal that generates traffic beyond the existing traffic level and results in more than one hundred (100) trips in any peak hour and is within one-half (1/2) mile of a roadway or intersection with a level of service E or F as determined by the City Engineer.
   2. A development proposal that generates two hundred fifty (250) trips in the peak hour and/or two thousand five hundred (2,500) trips daily.
   3. The City Engineer determines a traffic study is necessary to identify potential traffic conflicts or safety impacts. (Ord. 1158, 5-5-2009)

1. Purpose: The purpose of this section is to facilitate the rapid and effective extinguishment of fires and the provision of emergency services by ensuring that all premises that the Fire Department and other emergency public rescue and other safety departments are called upon to protect will be readily accessible for effective emergency service operations.
2. Required; Exceptions: Every use permitted by this title shall provide access for fire vehicles and emergency apparatus from a public street, except structures with less than three (3) dwellings. Emergency access shall be provided as required by the Burnsville Fire Code and regulations adopted by the City.
3. Fire Lane Standards: A fire lane shall comply with the following standards:
   1. The fire lane shall provide clear, unobstructed access for vehicles and apparatus at all times.
   2. Signs prohibiting parking or standing of motor vehicles shall be required.
   3. Fire lanes shall be at least twenty feet (20') in width. The Fire Chief shall have the authority to require additional width in order to ensure adequate fire or rescue operation.
4. Alternatives To Fire Access Roadways And Fire Lanes: The requirements for fire access roadways and fire lanes may be modified when an approved fire protection system or systems, as defined by the Burnsville Fire Code, are installed if, in the opinion of the Fire Chief, firefighting and rescue operations are not impaired. (Ord. 244, 11-15-1982)
   

1. Purpose: Regulation of off street parking is to alleviate congestion of the public streets and to promote the safety and general welfare of the public by establishing minimum requirements for off street parking and the loading and unloading of vehicles and/or containers in accordance with the use of various parcels of land and structures.
   1. Application Of Off-Street Parking Regulations: The regulations and requirements set forth in this section shall apply to off-street parking facilities in all zoning districts.
2. Compliance:
   1. Permits Prior To Effective Date: Structures or uses for which a building permit has been issued prior to August 19, 2008 (the effective date of this section), shall be exempt from the parking requirements in this section if the structure is completed within 6 months after the effective date of this section.
   2. Compliance Required: All new development, full redevelopment, and all redevelopment that results in disturbance of 1/2 acre or more or the addition of 5,000 square feet of impervious surface shall comply with the requirements of this section.
   3. Change In Use: A change in use or occupancy shall require a parking analysis to be submitted by the property owner demonstrating the site provides parking to meet the requirements of this section.
      1. In accordance with section 10-5-3 of this title, a certificate of occupancy shall be required prior to any new use and/or change in use.
      2. Parking Analysis Requirements: A parking analysis shall include the following information and upon approval by the city, shall be kept on file for the property:
         1. A site plan drawn to scale showing dimensions, indicating the location and number of off-street parking and loading spaces, the location of snow storage areas, green space and impervious surface and building occupancy on which the parking has been calculated, as well as any other information required by the city to show conformance with this section.
         2. The number of parking stalls shall be provided based on the parking schedule in subsection (F) of this section and the use(s) identified by an architectural code analysis.
   4. Reduction: A reduction of the drive aisle provisions and parking standards for the principal use are allowed for outdoor patios per section 10-19-6 of this Title.
3. General Provisions:
   1. Calculating Parking Space:
      1. Fractions: When the calculation of the number of required off street parking spaces results in a fraction, each fraction of 1/2 or more shall constitute another space.
      2. Individual Activities Within Use: When computing total number of parking spaces required for a use, individual activities within the use will be calculated separately and added together to arrive at the total required parking spaces for each specific use proposed.
      3. Places Of Assembly: In stadiums, religious institutions and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facility shall be counted as one seat for the purpose of determining required parking.
   2. Maintenance: All parking areas and driveways shall be maintained in a safe and proper manner. The owner shall not allow weeds to grow or surface materials to become deteriorated.
   3. Alternative Parking: The city recognizes reuse of sites and that the strict interpretation of the parking standards of this section may not be appropriate for each specific use or lot. Therefore, alternative parking standards may be approved by the development review committee (DRC) provided the applicant can demonstrate, based upon documented parking studies and site specific analysis, that a need exists to provide more or fewer parking stalls than the maximum or minimum parking standards. Factors to be considered in such determination include (without limitation) national parking standards, parking standards for similar businesses or land uses, size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles and appropriate soils and/or site conditions to support pervious paving/paver systems.
4. Design Standards:
   1. Access To Parking Areas: Access to parking areas shall provide an adequate means of access to a public street via a driveway.
      1. Driveway Access: The driveway access shall not exceed 10 percent in grade or 24 feet in width at the public street right of way line and shall be so located so as to cause the least interference with traffic and pedestrian movement.
         1. The City Engineer may approve driveway access exceeding 24 feet and/or to exceed 10 percent up to a maximum of 15 percent provided one or more of the following exist:
            1. The access is a service entrance for large trucks.
            2. Topographic constraints exist where the street and property elevations (at the proposed driveway location), are sloped.
      2. Public Parking Areas: All public parking areas shall provide access to a public street from private driveways. There shall be no direct access from a parking lot to a public street.
      3. Driveway Access Points: All driveway access points onto public rights of way shall be allowed only by approval from the appropriate governmental regulating body in accordance with the current standards for driveway locations based upon street classification.
      4. Driveways And Private Roadways: Minimum widths are as follows:
         1. Two-way traffic: 24 feet.
         2. One-way traffic and fire lanes: 20 feet.
         3. Drive-up window lanes not necessary for firetruck access: 14 feet.
         4. Private roadways in townhouse developments: 24 feet with no parking and 30 feet with guest parking on one side.
         5. Private driveways in townhouse developments: 16 feet at the public or private roadway connection.
      5. Parking Spaces: All surface parking spaces shall be served adequately by parking lot drive aisles. The standards for parking lot drive aisle width in the following table do not apply to required fire lanes:
         
         

         Angle	Stall Dimensions	Parking Lot Drive Aisle Width
         90 degrees	9' x 18'	24 feet (two-way traffic)
         60 degrees	9' x 18'	18 feet (one-way traffic)
         45 degrees	9' x 18'	14 feet (one-way traffic)
         Parallel	9' x 22'	24 feet (two-way traffic)
         Stacking	14' x 18'	20 feet (one-way traffic)
         Residential garage	11' x 20'	14 feet

   2. Parking Area Landscaping And Green Space: To break up the appearance of large impervious areas, all parking lots shall be subject to the following design and landscape standards:
      1. Landscaped parking lot islands shall be required at the beginning and end of each parking row to break up longer rows.
      2. Medians shall have a landscaped area at least 9 feet in width.
      3. Parking spaces and rows shall be organized to provide consolidated landscaped areas and opportunity for on site stormwater management.
      4. The amount of internal parking lot green space shall comply with the requirements of Chapter 30A of this title for the underlying zoning district where the parking area is located. The total area calculated for landscaping within the parking lot is calculated as part of the overall green space requirement for the site.
      5. The requirements of section 10-7-18 screening and buffer areas shall be met.
   3. Pedestrian Circulation: All parking lot designs shall be well planned to minimize conflicts between vehicular and pedestrian traffic.
      1. Parking areas shall include a direct and continuous pedestrian walkway network within and adjacent to parking lots to connect building entrances, parking courts, public sidewalks, transit stops, and other pedestrian destinations.
      2. All pedestrian walkways within a parking lot shall include a clear division from vehicular circulation areas and be delineated by a change in grade, landscaping and/or a change in surface materials. Pavement markings alone shall not satisfy this requirement.
      3. Where pedestrian walkways cross access driveways and other major drive aisles, crossings shall be clearly marked and sight distance for both pedestrians and vehicles shall be unobstructed.
      4. For projects that propose head-in parking stalls to abut a sidewalk, the minimum sidewalk width shall be 6 feet.
      5. Parking stalls shall not be located where they obstruct doorways, driveways, or pedestrian walkways.
      6. All handicap stalls shall be located in close proximity to entrance areas and shall not be hindered by inappropriately located curb cuts, catch basins, or other improvements.
   4. Parking Area Requirements:
      1. Parking areas greater than 50,000 square feet shall be divided both visually and functionally into smaller parking courts.
      2. On site snow storage areas shall be identified on all development plans and said area shall not be located within required parking stalls or areas that will destroy required landscaping.
      3. Rainwater and snowmelt shall be managed consistent with City stormwater management requirements.
   5. Surfacing: The entire parking area including parking stalls, aisles and driveways shall be surfaced with concrete, bituminous, pavers, or pervious paving/paver systems provided appropriate soils and site conditions exist for the pervious systems to function. The City Engineer shall make the final determination if soils are conducive for use of pervious paving/paver systems. The use of pervious paving/paver systems is encouraged for pedestrian walkways, overflow parking areas, snow storage areas, within raised medians and islands, emergency vehicle lanes and other low traffic areas. The owner shall provide soils information to demonstrate to the satisfaction of the City Engineer that appropriate conditions exist for the pervious paving/paver systems to function and the owner shall enter into a maintenance agreement to ensure ongoing maintenance and operation of all pervious paving/paver systems. This requirement also applies to open sales lots, open rental lots, and outdoor storage or display areas. Other materials such as decorative rock, gravel, sand, or bare soil are prohibited, except for temporary parking with written City approval as specified in this subsection below:
      1. Temporary parking on unpaved surfaces such as decorative rock, gravel, Class 5, sand, bare soil or grass is permitted subject to the following provisions:
         1. Temporary parking on unpaved surfaces does not apply to outdoor vehicle storage as permitted in Section 10-7-54 of this Chapter.
         2. Temporary parking shall not exceed twenty four (24) consecutive hours for a public or a permitted construction project, special event, or programmed park events. Temporary parking exceeding twenty four (24) consecutive hours shall require approval of the City Engineer or designee.
         3. Temporary construction parking for private projects shall be identified at the time of building permit or grading permit application. Temporary construction parking for public projects shall be approved by the City Engineer or designee. Temporary parking shall be discontinued upon completion of construction activities.
         4. The drive aisles related to the temporary parking shall be a minimum of 20 feet in width.
         5. The property owner shall be responsible for dust control.
         6. The property owner shall be responsible for erosion control, if determined by the City Engineer or designee.
         7. The property owner shall be responsible for site restoration to pre-existing conditions.
   6. Signs And Pavement Marking: Signs located in any parking area necessary for orderly operation of traffic movement are allowed when consistent with chapter 30 of this title.
      1. All parking spaces shall be clearly marked with white paint on the pavement except upon approval of the Community Development Director.
      2. Handicap parking must comply with current State requirements. All markings shall be consistent with the "Minnesota Manual On Uniform Traffic Control Devices".
   7. Curbing: All open off street parking areas shall have a 6 inch nonsurmountable concrete curb around the perimeter of the parking area and driveways with the following exceptions:
      1. Open sales/rental lots may install 4 inch nonsurmountable concrete curb upon approval of the city engineer.
      2. Multi-family and townhome developments: The boundaries of all parking areas shall have a 6 inch nonsurmountable concrete curb. Private roadways may have surmountable curbs. Driveways to individual garages from the roadway in townhouse developments do not require curbing.
      3. Driveways for single-family, two-family and manufactured home units do not require curbing.
   8. Lighting: All lighting in an off street parking area shall meet the requirements of section 10-7-36 of this title.
   9. Screening: Any off street parking area containing more than 6 parking spaces, any part of which is within 30 feet of an adjoining residential zone and any driveway to a parking area containing at least 6 spaces within 15 feet of an adjoining residential zone shall be screened according to section 10-7-18 of this Chapter.
5. Security: Prior to the installation of bituminous (or other City approved hard surface material), for parking areas and/or driveways, a cash security or letter of credit in an amount established by City Policy 2.050, shall be furnished to the City to guarantee compliance with the paving plan for the property. A final certificate of occupancy will not be issued until the bituminous or other City approved hard surface improvements are installed. In the event the installation is not completed, the City may enter the property, perform the work and apply the cash security toward the cost. Upon satisfactory completion of the installation, the security funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City.
6. Parking Schedule: The number of parking stalls shall be provided according to the following schedule:
   1. For required parking spaces calculated using floor area, the total floor area shall be reduced by 25 percent to account for spaces such as restrooms, mechanical rooms, hallways and entrance areas.
   2. For required parking calculated using maximum occupancy load, the maximum occupancy shall be determined by the fire marshal and is based on the number of occupants posted for the building given the building’s floor space and function.
      
      

      3. Residential:
      Apartment dwelling units	1.5 parking spaces per unit, plus 0.25 spaces per unit for guest parking distributed throughout the development. A minimum of 1 of the required parking spaces per unit shall be an enclosed garage space
      Single-family and two-family dwelling units	2 enclosed garage spaces per dwelling unit with a minimum of 220 square feet per space required
      Townhouse dwelling units	2 enclosed garage spaces and 2 driveway spaces per dwelling unit with a minimum of 220 square feet per space required plus 0.25 spaces per unit for guest parking distributed throughout the development
      Assisted living facility	0.5 space per unit
      Daycare nursery	1 space per teacher/employee on the largest work shift, plus 1 off street loading space per 6 students
      Group dwellings	1 space per room or for every 4 beds
      Monasteries, convents	1 space per 6 residents, plus 1 space per employee on the largest work shift, plus 1 space per 5 chapel seats if the public may attend services
      Nursing home other than assisted living facility	1 space per 6 patient beds, plus 1 space per employee on the largest work shift
      Retirement housing	For apartment dwelling units, 1 space per unit with a minimum of half of the required spaces as enclosed garage spaces. The development shall include a proof of parking area sufficient to meet the parking requirements for apartment buildings in this subsection (F), unless the City Council determines that the development is not likely to be converted to nonage restricted housing in the foreseeable future. Townhouse dwelling units shall comply with the requirements of this subsection (F)
      4. Commercial:
      General standards	Except as specifically designated below: 5 spaces per 1,000 square feet of floor area. Any uses with fleet parking shall require 1 space per company vehicle in addition to the total parking requirement
      Banks	4 spaces per 1,000 square feet of floor area, plus 4 off street stacking spaces per drive-through lane
      Car wash	4 off street stacking spaces per drive-through car wash. The bay inside the car wash shall not be considered a stacking space
      Convenience grocery (with or without gasoline sales)	1 space per 100 square feet of floor area. Spaces at pump island may count toward total parking requirement
      Funeral homes	1 space per 4 visitor seats
      Furniture and appliance store	1 parking space for each 500 square feet of floor area in the principal structure, plus 1 space per employee on the largest work shift
      Gas station (no convenience grocery)	1 space per pump plus 1 space per employee. With service garage, include 3 additional spaces per service bay. Parking areas at the pump islands may be counted as parking spaces
      Grocery or supermarket	6 spaces per 1,000 square feet of gross floor area
      Hotel or motel	1 space per room or suite, plus 1 space per employee on the largest work shift, plus 1 space per 3 persons to the maximum occupancy load of each public meeting and/or assembly room, plus 50 percent of the spaces otherwise required for accessory uses (e.g., restaurants and bars)
      Ministorage	1 parking space for each 50 storage units, evenly distributed throughout storage area; and 1 parking space for every 100 storage compartments must be located at the manager’s office for the use of visitors
      Outdoor storage and/or display of retail merchandise	1 space per 2,000 square feet of outdoor storage or display area in addition to the total parking required on the site for the individual use
      Personal service	2 spaces per operator
      Private clubs	1 space per 3 persons to the maximum capacity of the facility plus 1 per employee on the largest work shift
      Repair services	1 space per 300 square feet of floor area, plus 1 space per employee on the largest work shift
      Restaurant - Accessory	For restaurants that are proposed to be located within an existing shopping center, office or other multiple occupancy building, 0.5 space per the number of patrons at maximum occupancy load of the restaurant, plus 1 space per 100 square feet of floor area or 1 space per 3 patron seats, whichever is greater, plus 1 space per employee on the largest work shift
      Restaurant - Fast food	1 space per 50 square feet of floor area, plus 1 space per employee on the largest work shift, plus 6 off street stacking spaces per drive-through lane
      Restaurant - Standard	1 space per 3 patron seats or 1 space per 100 square feet of floor area whichever is greater, plus 1 space per employee on the largest work shift
      Shopping center:
      1 - 49,999 square feet	Minimum of 5.5 spaces with a maximum of 6 spaces per 1,000 square feet of floor area
      50,000 - 100,000 square feet	Minimum of 4 spaces with a maximum of 4.5 spaces per 1,000 square feet of floor area
      100,001 square feet and larger	Minimum of 4.5 spaces, with a maximum of 5 spaces per 1,000 square feet of floor area
      Taverns, dance halls, nightclubs and lounges	1 space per 50 square feet of floor area, plus 1 space per employee on the largest work shift
      Vehicle repair and maintenance services	1 space per 800 square feet of floor area, plus 1 space per employee on the largest work shift
      5. Office:
      Office buildings and professional offices:
      Less than 6,000 square feet of floor area	Minimum of 5 spaces, with a maximum of 5.5 spaces per 1,000 square feet of floor area
      6,001 square feet or more of floor area	Minimum of 3.5 spaces, with a maximum of 4 spaces per 1,000 square feet of floor area
      Medical offices	6 spaces per 1,000 square feet of floor area
      Veterinary clinic/hospital	3 spaces per 1,000 square feet of floor area
      Medical marijuana distribution facility	3 spaces per 1,000 square feet of floor area
      6. Industrial:
      General standard	Minimum of 1 space per 500 square feet of gross floor area, plus 1 additional off-street parking space for each 2,500 square feet of outside storage area. Any uses with fleet parking shall require 1 space per company vehicle in addition to the total parking requirement
      Call center	1 space per employee on the largest work shift
      Data center	1 space per employee on the largest work shift
      Manufacturing use	4 off street parking spaces, plus 1 additional space per each 800 square feet of floor area. 1 additional off street parking space shall be provided for each 2,500 square feet or fraction thereof of land devoted to outside storage
      Recycling centers	1 space per 10,000 square feet of land area, plus 1 space per employee on the largest work shift
      Truck terminals	1 space per employee on the largest work shift, plus 1 space per truck normally parked on the premises, plus 1 space per 3 patrons to the maximum capacity
      Warehouse over 15,001 square feet of floor area, storage handling of bulk goods	1 space per 2,000 square feet of floor area
      Warehouse under 15,000 square feet	1 space for each 500 square feet of floor area
      7. Institutional:
      General standard	1 space per 3 patrons at the maximum occupancy load, plus 1 space per employee on the largest work shift, plus 1 space per fleet vehicle
      Camps, day or youth	1 space per employee on the largest work shift, plus 1 space per camp vehicle normally parked on the premises
      Cemetery	1 space per employee
      Community and recreation center	1 space per 250 square feet of floor area, or 1 space per 4 patrons at the maximum occupancy load, whichever is greater, plus 1 space per employee on the largest work shift
      Hospital	2 spaces per 3 patient beds
      Libraries and museums	1 space per 300 square feet of gross floor area
      Religious institution	1 space per 3 seats of maximum capacity or for institutions without fixed seating, 1 space per 3 persons at the maximum occupancy load
      Elementary and junior high school	1 space per staff member on the largest shift, plus 1 space per 2 classrooms
      Senior high school	1 space per staff member on the largest shift, plus 1 space per 5 students
      College or trade school	1 space per staff member on the largest shift, plus 1 space per 2 students of the largest class attendance period
      8. Recreational:
      General standards	1 space per 4 patrons at the maximum occupancy load
      Bowling alley	5 spaces per lane, plus 1 space per employee on the largest work shift
      Golf courses	5 spaces per green, plus 1 space per employee on the largest shift, plus 50 percent of the spaces otherwise required for any accessory uses (e.g., bars, restaurants)
      Golf driving range	1 space per tee, plus 1 space per employee on the largest work shift
      Health clubs and athletic facilities	1/2 space per the number of patrons at maximum occupancy load of the indoor areas, plus 1 space per 500 square feet of designated outdoor activity space, plus 1 space per employee on the largest work shift
      Marina	2 spaces per boat slip, plus 1 space per employee. Marinas with launch ramps shall require additional parking consistent with City and DNR approvals which depend upon the size of the facility allowed
      Miniature golf	1.5 spaces per hole, plus 1 space per employee on the largest work shift
      Pool hall and arcades	1 space per 4 patrons at the maximum occupancy load of the facility, plus 1 space per employee on the largest work shift, plus 1 space per 100 square feet of kitchen, dining, or snack bar area
      Skating rink, ice or roller	1 space per 300 square feet of floor area, plus 1 space per employee on the largest work shift
      Sports performance training center	1 space per 250 square feet of activity area or 1 space per 4 patrons at the maximum occupancy load, whichever is greater, plus 1 space per employee on the maximum work shift
      Swimming facility	1 space per 75 square feet of water area, plus 1 space per employee on the largest shift
      Tennis, racquetball, handball courts	4 spaces per court, plus 1 space per employee on the largest work shift
      Theater	1 space per 4 patrons at the maximum occupancy load of the facility inclusive of both indoor and outdoor capacity, plus 1 space per employee on the largest work shift

7. Joint Parking Facilities: Required parking facilities serving 2 or more uses may be located on the same lot or in the same structure except in R-1 Districts provided that the total number of parking spaces furnished shall be not less than the sum total of the separate requirements for each use during any peak hour parking period when the parking facility is used at the same time by 2 or more uses. The Development Review Committee (DRC) may approve a reduction to the number of parking spaces required for joint use facilities provided the applicant can demonstrate through site specific analysis and/or documented parking studies that less parking demand will be generated. Conditions required for joint use are:
   1. The proposed joint parking space is within 400 feet of the use it will serve.
   2. The applicant shall show that there is not substantial conflict in the principal operating hours of the 2 or more buildings or uses for which joint use of off street parking facilities is proposed.
   3. A deed restriction or properly drawn legal instrument for joint use of off-street parking facilities shall be executed by all parties, be in a form acceptable to the City Attorney, and be filed n the Recorder's Office of Dakota County.
   4. In lieu of a deed restriction or other legal instrument, an application for conditional use permit (CUP) or planned unit development (PUD) shall be submitted to the city and if approved, said CUP or PUD will be filed on all affected properties.
8. Off Premises Parking Facilities: Off premises parking facilities, as a principal use of the property, are allowed in B-3 and B-4 Districts or by PUD.
   
   When an off premises parking lot is used in conjunction with the required parking and/or a principal use, the City shall require the owner to maintain the required number of off street parking spaces during the existence of said principal use. No such parking facility at its closest point shall be located more than 100 feet from the site of the principal use nor more than 400 feet from the principal building on the site. Setbacks for off premises parking lots shall be consistent with setbacks for parking in that district and the total amount of landscaped green area shall also comply with green space area percentages in that district as well.
9. Proof Of Parking: In order to accomplish the Comprehensive Plan's goal of reducing the construction of unnecessary impervious surface, the City may allow reductions in the number of required parking spaces to be installed under one or more of the following circumstances:
   1. The facility is served by mass transit and/or has an organized Car Pool or Vanpool Program; or
   2. The unique characteristics of the proposed use are such that it will generate a need for less parking than the ordinance standard.
   All requests for reductions in the amount of required parking to be installed shall be accompanied by a site plan showing where the total required parking spaces can be added on the lot, if necessary, up to the total amount required by the ordinance, without requiring a variance.
10. Parking Ramps: Parking ramps are permitted uses in B-3 and B-4 Commercial Zoning Districts and in all Industrial Zoning Districts. Parking ramps shall comply with the setback requirements for principal structures. Structure design and exterior facade building materials shall be compatible with the surrounding buildings. The city encourages parking ramps in order to reduce large spans of surface parking, to provide additional landscaped areas, and to promote efficient and maximum use of the property.
    1. Parking ramps or enclosed parking lots shall be periodically inspected and maintained by the owner so as to ensure structural integrity and public safety.
    2. Lighting of the interior of the ramp or structure shall meet the standards contained in "horizontal luminances" for parking facilities as adopted by the "Illuminating Engineering Society Handbook Of North America", 1987 edition. All exterior lighting shall comply with previously established city requirements.
    3. All ramps and enclosed parking lots shall be in compliance with the Minnesota state fire code and building code regulations. Fire suppression equipment shall include a phone or push button or sound activated alarm on each floor of the parking facility. Such equipment shall be strategically located, visibly marked and be handicapped accessible.
    4. All facilities shall be maintained in a clean and sanitary manner, including the removal of all hazardous and nonhazardous obstacles, so as to avoid the appearance of clutter.
    5. Proper maintenance is essential to security. Therefore, management shall be responsible for checking for abandoned vehicles, or the storage of items such as off season equipment, construction materials, crates or other materials, and the removal of these material.
11. Use Of Parking Area:
    1. Prohibited Uses: Required off street parking space in all zoning districts shall not be used for open storage, or sale of goods, or for the storage of vehicles which are inoperable, for lease, rent or sale, or the stockpiling of snow, debris, or materials. Temporary snow storage is permitted provided a snow removal plan is approved by the City.
    2. Limitations: Off street parking in R-1 Single Family Residential, R-1A One Family Residential, R-2 Two Family Residential, and R-3A Medium Density Residential, R-3B High Density Residential and R-3D Mobile Park Districts shall be limited to the following:
       1. The use of persons residing on the premises and their visitors.
       2. The number of passenger vehicles may not exceed the number that can be garaged and parked off street on driveways.
       3. One (1) commercially licensed vehicle of 22 feet or less in length shall be allowed if used by the resident for transportation to their job on a daily basis.
       4. The parking and storage of recreational vehicles as regulated by the standards under section 7-1-8 of this chapter.
       5. Parking not in compliance with standards in subsections (K)2a through (K)2d of this section may be allowed only by conditional use permit. Under no circumstances shall parking facilities accessory to residential structures be used for open air storage of commercial vehicles.
    3. Parking And Storage Of Certain Vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. Any person guilty of violating this provision shall be guilty of a petty misdemeanor.
       1. Automotive vehicles or trailers of any kind or type shall not be parked or stored on any area that is not surfaced with concrete, bituminous, pavers, or pervious paving/paver systems. Parking is prohibited on other materials such as grass, sod, decorative rock, gravel, sand, or bare soil.
          1. Trailers and camping vehicles may be parked or stored in a residential district in accordance with section 10-7-54 of this Chapter.
             
       2. The property owner or registered owner of the vehicle or trailer shall be held responsible for parking violations that occur in R residential districts. (Ord. 1395, 8-16-2016)
          
          

Any of the following uses with a gross floor area of six thousand (6,000) square feet or more which requires deliveries or shipments must provide off street loading facilities in accordance with the requirements specified below unless a conditional use permit is granted:

1. Every retail establishment, industrial or manufacturing use, warehouse, wholesale use, freight terminal, railroad yard, hospital or sanatorium having a gross floor area of six thousand (6,000) square feet or more shall provide off street loading facilities as follows:
   
   

   Gross Floor Area In Square Feet	Number Of Berths
   6,000 - 24,999	1
   25,000 - 74,999	2
   75,000 - 150,000	3

   For each additional one hundred thousand (100,000) square feet (or fraction thereof) of gross floor area, one additional space shall be provided. (Ord. 244, 11-15-1982)
2. Public places of assembly uses, such as auditoriums, convention halls, exhibition halls, stadiums or sports arenas, with a gross floor area of greater than one hundred thousand (100,000) square feet shall provide a minimum of one off street loading space. (Ord. 1265, 5-22-2012)
3. Welfare institutions, funeral homes, restaurants and hotels with a gross floor area of greater than thirty thousand (30,000) square feet and offices with a gross floor area of one hundred thousand (100,000) square feet or more shall provide a minimum of one off street loading space.
4. Off street loading space shall be at least ten feet by twenty five feet (10' x 25'), excluding area for maneuvering vehicles.
5. At no time shall any part of a truck or van be allowed to extend into the right of way of a public street while the truck or van is being loaded or unloaded. (Ord. 244, 11-15-1982)
6. Whenever loading and service areas are adjacent to or across the street from residential uses, interior parking lot circulation shall be arranged in such a way as to route service vehicle traffic away from residential uses. (Ord. 1132, 8-19-2008)
7. All loading and service areas shall meet screening requirements of section 10-7-18 of this chapter. (Ord. 1265, 5-22-2012)
   

The city recognizes the need to encourage the use of energy efficient development alternatives. In order to ensure compatibility with adjoining conventional development, additional review shall be required as follows: (Ord. 244, 11-15-1982)

1. Single-family and two-family residential units having required living area below grade shall provide signatures indicating awareness from abutting or affected landowners and shall be reviewed by the planning commission prior to the issuance of a building permit. (Ord. 328, 9-19-1988)
2. Multiple-family and commercial/industrial development projects will be subject to receiving a conditional use permit prior to issuance of a building permit. (Ord. 244, 11-15-1982)

1. Purpose And Intent: A goal of the comprehensive plan is to encourage sustainable practices and construction techniques that promote energy conservation. In accordance with this goal, the city finds that it is in the public interest to promote the use of alternative energy systems such as solar, because of the positive impact on energy production and conservation, to reduce carbon production, and promote efficient use of existing and new energy resources in a manner that does not have an adverse impact on the community.
2. Applicability: A solar system is considered an accessory solar energy system only if it supplies electrical or thermal power primarily for on site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on site use may be used by the utility company.
3. Scope Of Regulations: Solar systems may be erected, relocated, enlarged, structurally changed or altered in accordance with the provisions of this section.
4. Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section. Words and phrases not defined in this section but defined in section 10-4-2 of this title, shall be given the meanings as set forth in said section. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
   
   ACTIVE SOLAR ENERGY SYSTEM: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
   
   APPLICANT: The person or entity filing an application under this section.
   
   BUILDING INTEGRATED SOLAR ENERGY SYSTEMS: A term for the design and integration of solar energy technology into the building, typically replacing or substituting for conventional building materials. This integration may be in vertical facades, replacing view glass, spandrel glass, or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; solar energy technology that is contained within or substitutes for roofing materials, windows, skylights, awnings, shade devices or other building systems.
   
   GROUND MOUNTED SOLAR ENERGY SYSTEM: A ground mounted system mounted directly above existing grade and where the base of the solar collector is no more than thirty inches (30") above natural grade.
   
   HEIGHT: The height of a solar energy conversion system measured from natural grade to the highest point of the system.
   
   MECHANICAL EQUIPMENT: Any device associated with a solar energy system, such as an outdoor electrical unit/control box, that transfers energy from the solar energy system to the intended on site structure.
   
   MOUNTING DEVICE: Racking, frames or other devices and hardware that allow the mounting of a solar collector onto a roof or wall surface, pole or the ground.
   
   OFF GRID SOLAR ENERGY SYSTEM: A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits served by an electric utility company.
   
   ON GRID SOLAR ENERGY SYSTEM: A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.
   
   PASSIVE SOLAR ENERGY SYSTEM: A system (such as a glass window or door), that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
   
   PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly into electricity.
   
   POLE MOUNTED SOLAR SYSTEM: A pole structure mounted to the ground, where the base of the solar collector is more than thirty inches (30") above natural grade and its supports are designed and constructed primarily for the purpose of supporting one or more solar systems. This includes self-supporting monopole towers and utility poles.
   
   ROOF MOUNTED SOLAR SYSTEM: A solar energy conversion system located on the roof of a building, back side of a parapet wall, stage loft, water tower, or a roof structure for the housing of an elevator, stairway, tank, ventilating fan, or similar equipment required to operate and maintain the building.
   
   ROOF PITCH: The final exterior slope of a building roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3:12, 9:12, 12:12.
   
   SOLAR ACCESS: Unobstructed access to the solar resource on a lot or building for the purpose of capturing direct sunlight to operate a solar energy system.
   
   SOLAR ARRAY: Any number of solar collectors or photovoltaic modules.
   
   SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
   
   SOLAR COLLECTOR SURFACE: Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports, and mounting hardware.
   
   SOLAR DAYLIGHTING: A device specifically designed to capture and redirect the visible portion of the solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting.
   
   SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
   
   SOLAR ENERGY DEVICE: A system or series of mechanisms designed primarily to provide heating, cooling, electrical power, mechanical power, solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization.
   
   SOLAR ENERGY SYSTEM (SES): A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating and the power generated is used primarily for on site consumption.
   
   SOLAR GLARE: The effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
   
   SOLAR HOT AIR SYSTEM (Also Referred To As SOLAR AIR HEAT Or SOLAR FURNACE): An active solar energy system that includes a solar collector to provide direct supplemental space heating by heating and recirculating conditioned building air. The most efficient performance typically uses a vertically mounted collector on a south facing wall.
   
   SOLAR HOT WATER SYSTEM (Also Referred To As SOLAR THERMAL): A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.
   
   SOLAR RESOURCE: A view of the sun from a specific point on a lot or building that is not obscured by vegetation, building, or object for a minimum of four (4) hours between the hours of nine o'clock (9:00) A.M. and three o'clock (3:00) P.M. standard time on any day of the year.
   
   SURFACE MOUNTED SOLAR ENERGY SYSTEM: A wall or roof mounted system mounted directly abutting a wall or roof.
   
   WALL MOUNTED SOLAR SYSTEM: A system located on the wall of a building.
5. Accessory Solar Energy Systems (SES): Accessory solar energy systems constructed and placed in accordance with the standards in this section are allowed as a permitted accessory use in all residential, commercial, industrial and park zoning districts and on City owned property.
6. General Provisions:
   1. System Location: An accessory SES shall be located where the lot or building has a solar resource and may be mounted on poles, light poles, the ground, the roof or a wall of a building.
   2. Easements: SES shall not encroach on public drainage, utility, right-of-way or trail easements unless installed by the government agency with jurisdiction over said easement or right-of-way.
   3. Earth Disturbances: Any earth disturbance that results from installation, maintenance or removal of an SES or its components shall be graded and the turf reestablished as approved by the City.
   4. Impervious Surface: Fifty percent (50%) of surface area of solar panels shall be considered impervious surface.
   5. Tree Removal: Tree removal shall be minimized to only that which is required for the system to operate and any removal shall be mitigated in accordance with the woodland preservation requirements of section 10-8-9 of this title.
   6. Installation Prohibited In Certain Areas: SES shall not be installed within the floodway, flood fringe, floodplain, shore impact zone, bluff impact zone, wetlands, wetland buffers, public waters, or stormwater ponds.
   7. Guywires: Poles or structures requiring guywires are not permitted.
   8. Power Transmission Lines: All power transmission lines from the SES to any building or other structure shall be located underground. (Ord. 1379, 3-8-2016)
   9. Finish Used: With the exception of the solar collector surface, all surfaces and associated mechanical equipment, devices and meters shall use nonreflective finishes such as an anodized finish. (Ord. 1424, 6-20-2017)
7. Exemptions:
   1. Passive and building integrated SES are exempt from the requirements of this section and shall be regulated as any other building element.
   2. Solar energy collector devices less than one (1) square foot in area and generally used for garden decoration, exterior accent lighting for residential homes, lawns, and flagpoles are exempt from the requirements of this section.
   3. Accessory SES installed by a government agency on light poles, signs, transit shelters, within public right of way, easements and city owned property are exempt from the provisions of this section.
   4. Accessory SES not visible from ground level view from adjacent right of way or from abutting properties are exempt from subsections (H)1, (H)2, (H)5 and (H)6 of this section provided the view is obstructed by existing buildings, fences, walls or topography.
8. Aesthetics: Accessory SES shall be designed and installed in a manner to complement and not detract from the character of the site and neighboring properties. All SES are to be designed to minimize visual impacts, provided that mitigating for visual impacts will allow the system to function within expected industry standards. The city development review committee (DRC) will determine if the proposed design and installation complements or detracts from the character of the site and neighboring property, buildings and structures. Any person aggrieved by the determination of the DRC may file an appeal to the city council pursuant to section 10-5-8 of this title or file an application for a conditional use permit pursuant to section 10-5-5 of this title.
   1. Accessory SES shall be designed to blend into the architecture of the building, structure and property landscape.
   2. All structures associated with the SES system shall be neither visually intrusive nor inappropriate to their setting.
   3. Building integrated and roof mounted SES are allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback, land use and performance standards for the district in which building is located.
   4. Solar collection device(s) shall be designed and located to avoid solar glare or reflection onto adjacent properties and right of way and shall not interfere with traffic or create a safety hazard. The property owner shall be responsible to ensure reflection angles from collector surfaces are oriented away from neighboring windows. Where necessary, buffering may be required to address glare.
   5. In all zoning districts other than residential, ground, pole and wall mounted SES that are visible from public right of way shall include buffering features such as landscaping, fences, walls, parapet walls or other building integrated architectural or other features approved by the DRC, to soften the appearance of the system and improve visual aesthetics.
      1. SES on nonresidential property that abuts a residential zone or dwelling shall be set back at least fifty feet (50') from all adjoining residential property lines.
   6. In residential zones, ground and wall mounted SES on nonresidential buildings or property that abuts or is across the street from residential dwelling(s) shall be set back at least fifty feet (50') from adjoining property lines and include buffering features pursuant to subsection (H)5 of this section.
9. Performance Standards:
   1. Ground Mounted Solar Energy Systems:
      1. In the R-1 and R-2 zoning districts, ground mounted SES shall be limited to a maximum area of two hundred (200) square feet and may only be located in a rear yard.
      2. In commercial and industrial zoning districts, ground mounted SES are permitted in the front yard, side yard and rear yard.
      3. In the park zoning district and property owned by the city, there shall be no limit on the size or location of the ground mounted SES.
      4. In all other zoning districts ground mounted SES shall be limited to no more than twenty five percent (25%) of the rear yard.
      5. Ground mounted SES shall not exceed fifteen feet (15') in height when solar panels are oriented at maximum tilt.
      6. Ground mounted SES including any appurtenant equipment may not extend into the required accessory structure setback and shall meet the accessory structure setbacks of the underlying zone and be located a minimum of thirty feet (30') from all dwellings located on adjacent lots.
      7. The area below ground mounted SES is to be kept neat, clear, uncluttered and be covered with landscape rock, mulch or other material approved by the DRC.
   2. Pole Mounted Solar Energy Systems:
      1. One pole mounted SES is allowed per nonresidential lot.
      2. Pole mounted SES shall not exceed fifteen feet (15') in height when solar panels are oriented at maximum tilt, and shall meet the accessory structure setbacks of the underlying zoning district.
      3. Pole mounted solar collectors shall be limited to an area no larger than two hundred (200) square feet in area.
   3. Building Mounted Solar Energy Systems:
      1. Roof Mounted:
         1. Roof mounted SES and mounting devices shall comply with all building setbacks of the underlying zoning district and shall not extend beyond the exterior perimeter of the building on which it is mounted.
         2. Exterior piping for solar hot water systems may extend beyond the perimeter of the side or rear of a building and shall be painted to blend in with adjacent surfaces.
         3. Solar panels are to be located in a manner that does not change a roofline or obscure the relationship of a roof to character defining features such as dormers and chimneys. (Ord. 1379, 3-8-2016)
         4. Placement of panels should be uniform on the roof or wall. (Ord. 1465, 9-18-2018)
         5. Systems shall not be attached to the front of parapet walls or any extension of a front wall of a building that is visible from public right-of-way.
         6. Systems shall be set back from the edge of a flat roof, so as not to be visible from the public right-of-way or be screened by a parapet wall. (Ord. 1379, 3-8-2016)
         7. Roof mounted systems shall meet the following criteria:
            1. Be surface mounted parallel to the plane of a pitched roof and be no higher than ten inches (10") above the roof. (Ord. 1465, 9-18-2018)
            2. Be installed below the ridgeline of a pitched roof. (Ord. 1379, 3-8-2016)
            3. Systems shall be set back from the edge of a flat roof or be screened by a parapet wall so as not to be visible from the public right-of-way. (Ord. 1465, 9-18-2018)
            4. Shall cover no more than eighty percent (80%) of the total south facing roof.
      2. Wall Mounted Solar Energy Systems:
         1. Shall comply with the required principal structure setbacks if located on the principal building or if mounted on an accessory building, shall comply with the required accessory structure setbacks of the underlying zoning district.
         2. Shall not cover more than fifty percent (50%) of the wall to which it is attached.
         3. Shall be surface mounted parallel to the wall of the building.
      3. Building Integrated Solar Energy Systems:
         1. No size or area limitations apply to building integrated SES.
         2. Systems shall comply with the required principal structure setbacks if located on the principal building or if located on an accessory structure, shall comply with the required accessory structure setbacks of the underlying zoning district.
10. Utility Notification: All on grid SES shall comply with the interconnection requirements of the electric utility. The applicant shall provide written authorization from the local utility company to the City acknowledging and approving such connection to the grid. Off grid systems are exempt from this requirement.
11. Identification: SES may be labeled to include:
    1. The name or logo of the manufacturer and/or installer.
    2. The make, serial number, and other pertinent information about the solar energy system.
12. Standards And Certification: All solar energy systems shall meet all applicable codes and ordinances.
13. Unsafe Or Inoperative Systems:
    1. Any SES found to be unsafe by the building official or designee shall be repaired by the owner to meet all code requirements or removed as directed.
    2. If any SES remains nonfunctional or inoperative for a continuous period of twelve (12) months, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after any required permits have been obtained. Removal includes the entire structure including transmission equipment and footings.
14. Disconnecting SES During Emergencies Or Utility Maintenance:
    1. The City shall have the right to disconnect SES during emergencies, such as fire or other catastrophe, or when utility maintenance is to be performed.
    2. SES shall include an emergency disconnect that is clearly labeled, easily accessible and in a location to be approved by the City.
15. Permits: A building permit, electrical permit, and if required a conditional use permit, shall be obtained prior to installation of an SES.
16. Conditional Use Permit: Any variation from the required standards of this section may be allowed through a conditional use permit in accordance with section 10-5-5 of this title.
    1. Conditional Use Permit: Variations to the standards in this section may be permitted as a conditional use permit in accordance with section 10-5-5 of this title. In granting a conditional use permit, the City Council shall consider the criteria in said section 10-5-5 of this title and the following additional criteria unique to solar energy systems:
       1. That the variation is required to allow for the improved operation of the SES;
       2. That the SES has a net energy gain;
       3. That the SES does not adversely affect solar access to adjacent properties;
       4. That the SES complies with all other engineering, building, safety and fire regulations; and
       5. That the SES is found to not have any adverse impacts on the area, including the health, safety and general welfare of occupants of neighboring properties and users of public rights-of-way. (Ord. 1379, 3-8-2016)
          

1. Permit Required: WECS shall be considered accessory uses in all zoning districts, except as further limited in this section, and require a conditional use permit. The CUP may address, but is not limited to: height of the system, length of blades, speed of rotation, blade arc and arc setbacks, provisions and sureties for removal, tower access limitation, and shadowing.
2. Districts Permitted: WECS are permitted in any zoning district except residential districts, conservation districts and park districts.
3. Ornamental Wind Devices: Ornamental wind devices that are not WECS shall be exempt from this section but shall conform to all other provisions of this Code.
4. Interconnection With Utility Company: No WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the National Electrical Code as adopted by the City.
5. Warranty: The applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within Burnsville. The WECS shall be warranted against any system failures reasonably expected in severe weather conditions.
6. Design Standards:
   1. All WECS shall comply with all applicable State and Federal regulatory standards including the State Building Code and Federal Aviation Administration (FAA) requirements; and Minnesota Pollution Control Agency (MPCA) and Environmental Protection Agency (EPA) regulations. Drawings and engineering calculations shall be certified by a Minnesota licensed engineer.
   2. Any WECS utilizing a tower, pole or self-supporting structure shall be sited so that the tower is located a distance equal to or greater than its height from the nearest property line. If attached to a roof and/or building, the WECS apparatus shall be sited a distance equal to or greater than the height of the building plus the height of the WECS apparatus. In no instance shall a WECS encroach on the minimum principal structure setbacks.
   3. No more than one WECS shall be permitted per lot or parcel.
   4. Freestanding and/or tower WECS shall only be permitted on a lot/parcel with a minimum lot size of five (5) acres. WECS may be placed on the roof of any principal structure on a lot with a minimum lot size of two (2) acres.
   5. WECS shall not encroach on public drainage, utility, roadway or trail easements.
   6. Maximum height shall be fifteen feet (15') if attached to or placed on a roof of the principal structure and one hundred twenty feet (120') if freestanding wind turbine/tower.
   7. WECS shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules, chapter 7030 (as amended) at all property lines.
   8. Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 miles per hour or greater).
   9. The following design provision shall also apply to all freestanding WECS:
      1. Freestanding WECS structures shall be of monopole tower design only.
      2. Blade arcs created by the WECS shall have a minimum of thirty feet (30') of clearance over any structure or tree within a two hundred foot (200') radius.
      3. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions:
         1. Tower climbing apparatus (on the tower) shall not be located within twelve feet (12') of the ground.
         2. A locked anticlimb device shall be installed on the tower.
         3. Tower shall be enclosed by a locked, protective fence at least six feet (6') in height.
7. Abandoned Towers: Any WECS tower, turbines or apparatus which is not used for six (6) successive months shall be deemed abandoned and shall be removed, including accessory facilities, from the property at the expense of the property owner. (Ord. 1231, 4-5-2011)
   

1. General: Where animals are permitted as provided for in this code, they shall be cared for in a manner where they do not constitute a nuisance and comply with all other city and state ordinances, laws and regulations.
2. Care Of Animals: The keeping of animals shall be subject to the following minimum requirements:
   1. The size, number, species, facilities for and location of animals kept shall be maintained so as not to constitute a danger or nuisance by means of odor, noise or other nuisance characteristics.
   2. Animals kept in pet shops, veterinary clinics/hospitals or kennels shall be kept in accordance with regulations for such facilities in addition to the regulations provided by this title. (Ord. 1265, 5-22-2012)
      

(Rep. by Ord. 328, 9-19-1988)

1. Height limitations set forth elsewhere in this title may be increased fifty percent (50%) when applied to the following structures:
   
   Belfries.
   Chimneys.
   Church spires.
   Cooling towers.
   Cupolas and domes which do not contain usable space.
   Elevator penthouses.
   Fire and hose towers.
   Monuments.
   Observation towers.
   Smokestacks.
   Water towers. (Ord. 1236, 6-21-2011; amd. Ord. 1265, 5-22-2012)
2. Height in excess of those allowed under this section and other sections shall be by conditional use permit.
3. On any buildable lot situated downhill from the curb line elevation of the adjacent street, the average curb line elevation shall be used in the application of the height limitation provisions of this title.
4. In the case of any proposal to construct or alter a structure two hundred feet (200') or greater in height (above ground level of the site), or any proposal to construct or alter a structure to a height greater than an imaginary surface extending upward and outward at a slope of one hundred to one (100:1) from the nearest point of the runway of a public airport, the applicant shall notify the commissioner of the Minnesota department of transportation in writing of the plans at least thirty (30) days in advance of making applicable permit requests to the City. The applicant shall provide the City Planner with any comments received from the commissioner of the Minnesota Department of Transportation as part of the required applicable permit request. This local reporting is in addition to any Federal permit and review process which may be simultaneously required. (Ord. 1236, 6-21-2011)
   

1. No structure shall be moved into the City or relocated on a lot except under the following conditions:
   1. Any persons desiring to move or relocate buildings or structures into the City shall apply for a building permit and pay fees and charges pursuant to City Council policy.
   2. The applicant shall provide written documentation specifying that the structure or building is constructed in compliance with all applicable Building and Fire Codes and ordinances of the City. (Ord. 1265, 5-22-2012)

Demolition of structures shall not be permitted without a permit. The Director of Community Development or designee shall issue a permit upon finding that:

1. The demolition will be done in a safe manner.
2. The debris will be disposed of properly. (Ord. 1265, 5-22-2012)
   

1. All exterior lighting shall be designed and arranged so as to not direct any illumination upon or into any contiguous residential districts.
2. No exterior lighting shall be arranged and designed so as to create direct viewing angles of the illumination source by pedestrian or vehicular traffic in public right-of-way.
3. Lenses, deflectors, shields, louvers and prismatic control devices shall be used so as to eliminate nuisance and hazardous lighting. (Ord. 244, 11-15-1982)
4. Reflected glare from exterior lighting or from high temperature processes such as combustion of welding shall not be directed into any adjoining property. Reflected glare or spill light from all exterior lighting shall not exceed five-tenths (0.5) foot-candle measured on the property line when adjoining residential zones and one (1) foot-candle measured on the property line when such line adjoins a similar zone and land use. Lighting fixtures for new and renovated outdoor sports and recreational facilities that adjoin residential uses shall be designed to eliminate reflected glare and spill light from the bottom one-third (1/3) of the reflector, and to shield the view of the arc tube from the residential property. (Ord. 699, 12-15-1997)
5. Pole lighting shall be downcast and shielded on all faces. Wall pack lighting shall be downcast and shielded on all faces. (Ord. 851, 7-1-2002)
6. Headlights shall be one hundred percent (100%) screened as required in section 10-7-18 of this chapter. (Ord. 1316, 4-8-2014)

No privately owned structure, sign or vending machine may be located on a public right-of-way with the exception of:

1. Newspaper vending machines which are allowed if they comply with any other applicable ordinance, law or regulation, and as long as they are not located within the minimum sight triangle described in section 10-7-6 of this chapter. They shall be secured to prevent them from being moved. They may not, however, be secured to trees, public signs, telephone poles or fire hydrants. (Ord. 1059, 12-18-2006)
2. Bus benches, shelters, and transit facilities, provided they comply with title 8 of this Code. (Ord. 1166, 6-2-2009)
3. Public trash and recycling containers placed on public right-of-way by or on the behalf of the City for use by the general public are exempt from the screening requirements of section 10-7-18 of this chapter. (Ord. 1316, 4-8-2014)
   

1. LP gas exchange container displays are permitted accessory uses within business and industrial zoning districts subject to meeting the following performance standards:
   1. The cylinder exchange shall be located in a secured cabinet.
   2. All Fire Code requirements shall be met.
   3. No displays shall be permitted in required parking or driveway areas, landscape areas, required setback areas or any right-of-way or other public property. Displays may be permitted on sidewalks only if they leave at least four feet (4') of sidewalk width available to pedestrians.
   4. The display shall not be located within a dumpster enclosure.
   5. Exchanges shall be protected by curbing or posts.
   6. Cabinets shall contain inflammable and no smoking warning signs. No additional signage will be permitted other than that required by law.
   7. No more than one (1) cylinder exchange container shall be located at each site. (Ord. 1421, 6-6-2017)
      

Pawnshops are prohibited in all zoning districts unless specifically listed as a permitted or conditional use. (Ord. 542, 9-19-1994)

1. Purpose: The purpose of this section is to establish provisions for the opportunity as well as the regulation of sexually oriented businesses within the City.
2. General: "Sexually oriented businesses" as defined in section 3-25-2 of this Code shall be subject to the following general provisions:
   1. Activities classified as obscene as defined by Minnesota Statutes section 617.241 are prohibited.
   2. Sexually oriented businesses shall be prohibited from locating in any building which is also used for residential purposes.
   3. Sexually oriented businesses shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, 3.2 percent malt liquor or wine.
   4. Sexually oriented businesses shall prohibit minors on the licensed premises.
   5. Sexually oriented business activities that include a sale or display of instruments, devices or paraphernalia used or designed for use in connection with specified sexual activities, shall be prohibited at any public show, movie, caravan, circus, carnival, or exhibition presented to the general public where minors are admitted.
3. Location; Sexually Oriented Businesses:
   1. A sexually oriented business shall be located at least seven hundred feet (700'), as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business is located, from the property line of residentially zoned property or residential uses. For purposes of this section, residential use shall include assisted living and congregate care facilities (such as nursing home, memory care or hospice facilities).
   2. A sexually oriented business shall be located at least one thousand feet (1,000') as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business is located, from the property line of:
      1. Youth centers.
      2. Schools.
      3. Religious institutions.
      4. Daycares.
      5. Another sexually oriented business.
   3. No two (2) sexually oriented businesses may be located in the same building or upon the same property and each business shall be subject to subsection (C)2e of this section.
4. Not Applicable: Minnesota Statutes section 617.242 shall not apply.
5. Retail Of Merchandise Permitted: Establishments that devote less than a substantial or significant portion of floor area to sexually oriented business merchandise is permitted anywhere retail is otherwise permitted. (Ord. 1386, 5-3-2016)
   

1. Requirements: To facilitate separate ownership, leasehold, or financing of parts of an existing single principal building and additions thereto, a commercial zero lot line development is allowed as a permitted use in business and industrial zoning districts, provided that the following requirements are met:
   1. The development site for the building shall consist of two (2) or more lots of record, and each said lot shall meet the minimum lot area and width requirements of this title.
   2. The building and parking lot shall comply with the setback requirements of this title for all nonzero lot lines of the site.
   3. No more than two (2) lot lines of any lot shall be used as zero lot lines for the building.
   4. The building shall comply with all applicable building codes in title 4 of this Code, and each separately owned portion of the building shall comply with the applicable existing requirements. No building shall be located over any recorded easement.
   5. The design elements, colors, materials, signage, and architectural style of the building shall be consistent on all elevations, and the landscaping and parking lot shall be maintained in a consistent manner throughout the development.
   6. For conversions of existing buildings to commercial zero lot line developments through divisions and single additions, the parking requirements in this chapter and the landscaping requirements in chapter 30A of this title need not be met on each lot, provided that said requirements are met on the aggregate development site. For phased additions to existing buildings, the applicable parking and landscaping requirements shall be met on each lot.
2. Review: All commercial zero lot line developments shall be subject to a site plan review and plat approval to assure compliance with the requirements of this title.
3. Agreements:
   1. The owners of all portions of the building shall include draft copies of the following documents with their applications for site plan and plat approval:
      1. A maintenance agreement for the continued maintenance of the building, parking lot, landscaping, and all other portions of the site, to assure uniform appearance, maintenance and repair;
      2. A reconstruction and remodeling agreement to assure architectural consistency for the building;
      3. A cross access agreement for all shared parking lots and driveways; and
      4. A party wall agreement for the use, ownership, and maintenance of each party wall.
   2. Prior to the issuance of building permits, the owners shall provide the City with recorded copies of said agreements and the final plat. (Ord. 687, 10-6-1997)
      

1. Definitions: The following words and terms whenever used in this section shall have the meanings stated in this section:
   
   INCIDENTAL ACCESSORY USE: Temporary indoor use of a structure not related to the principal use. This excludes special promotional or sales events related to the business on site or special events with advertising as permitted in title 3, chapter 32 of this Code.
   
   INCIDENTAL ACCESSORY USE PERMIT: A permit from the City for the temporary indoor use of a structure not related to the principal use. (Ord. 1417, 5-16-2017)
2. Application: Any incidental accessory use of a structure requires prior City review of the health and safety aspects of the temporary use. Applicants must supply information concerning:
   1. The type of event.
   2. Date/times of events.
   3. The number of expected persons attending the event.
   4. A plan or plans detailing:
      1. Fire exits and equipment for the building.
      2. Restroom facilities.
      3. Available on site and off site parking.
      4. Square footage of building and proposed uses.
   5. Indication if beer/wine, or liquor will be served or allowed on site.
   6. Current contact information.
   No fee shall be charged for the permit or review. The permit may restrict the numbers of persons that may use the structure or facilities for the proposed temporary use based on the number/availability of restrooms, building exits, maximum occupants, and/or parking. All trash related to the incidental accessory use must be removed within forty eight (48) hours of the end date of the permit. (Ord. 1236, 6-21-2011)
3. Parking: The parking required for the incidental accessory use shall be consistent with the requirements of section 10-7-26 of this chapter for number of stalls required for the temporary use proposed. If adequate parking is not available entirely on site, then shared parking for properties within one hundred feet (100') of the lot may be considered. Written approval from the property owners sharing their parking must be provided. On street parking is not allowed to count toward required parking for the temporary use.
4. Duration: Incidental accessory use permits are valid only for the dates/time set forth in the permit up to three (3) consecutive days (72 hours) for one permit. No more than three (3) permits may be issued for one property during the calendar year. Permits issued throughout the year must be at least thirty (30) days apart.
5. Revocation Or Denial: Violation of the terms and conditions of any permit shall constitute a violation of the zoning code and may be the basis for revocation of any permit or the denial of future permits for the property or applicant. (Ord. 1056, 12-4-2006)
   

1. Accessory car wash uses shall be allowed only if permitted in the underlying zoning district and are subject to the following provisions and restrictions:
   1. Car wash stacking requirements shall be regulated as provided in section 10-7-26 of this chapter.
   2. No more than one car wash bay shall be allowed.
   3. The car wash shall be designed to be an integral part of the principal building or if freestanding shall be designed with the same materials as the principal structure.
   4. Accessory car washes shall not be installed within existing multi-tenant buildings. (Ord. 1132, 8-19-2008)
   5. Neither the car wash or accessory vacuum shall be located within three hundred feet (300') of any residential use unless one hundred percent (100%) screened pursuant to section 10-7-18 of this chapter, or located across an arterial or major collector roadway from the residential use. (Ord. 1316, 4-8-2014)
   6. Accessory car washes shall meet the screening requirements of section 10-7-18 of this chapter. (Ord. 1132, 8-19-2008)
      

1. Warehouse, wholesale showroom and multi-tenant warehouse facilities shall be allowed only if permitted in the underlying zoning district and are subject to the following provisions and restrictions:
   1. No such use shall be allowed in a warehouse or tenant space of a warehouse facility where noise associated with loading activities or business operations will have an adverse impact on adjacent residential uses.
   2. Each warehouse or wholesale showroom building shall be architecturally designed and constructed with permanent finished building materials so as to be compatible with adjacent development and the city's building standards. The overall appearance of the building shall be that of an office rather than a warehouse. (Ord. 1316, 4-8-2014)
   3. The allowable percentage of floor area devoted to the office function shall be established at the time of approval and ample space shall be allotted on the site to accommodate the parking area required to service it.
   4. All loading and service areas shall meet the screening requirements of section 10-7-18 of this chapter.
   5. Whenever such developments abut or are across the street from residential uses, their interior road patterns shall be arranged in such a way as to route service vehicle traffic away from residential uses. (Ord. 1132, 8-19-2008)
      

1. Open storage lots allowed in the underlying zoning district are subject to the following provisions and restrictions: (Ord. 1491, 6-4-2019)
   1. Shall have a principal structure on the lot where the open storage area is located. (Ord. 1226, 1-18-2011)
   2. All open storage shall be one hundred percent (100%) screened, from ground level view around the perimeter of the open storage area. The minimum screening height shall be six feet (6') in Business Districts and eight feet (8') in Industrial Districts. (Ord. 1316, 4-8-2014)
   3. Screening shall be provided pursuant to section 10-7-18 of this chapter.
   4. Storage of materials shall not exceed the height of the screening provided.
   5. A cross sectional drawing shall be provided that illustrates sightlines of the open storage area from ground level view of adjacent properties and from the farthest point of the width of the right-of-way from the property line(s) that abuts a street.
   6. All nonstorage parking areas shall comply with the parking lot landscape requirements in section 10-7-26 of this chapter.
   7. Delivery and loading hours shall be limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. for all open storage lots that abut or are across the street from a residential use. (Ord. 1226, 1-18-2011)
      

1. Open sales/rental lots shall be allowed only if permitted in the underlying zoning district and are subject to the following provisions and restrictions:
   1. Shall have a principal structure on the lot. (Ord. 1226, 1-18-2011)
   2. The view from headlights shall be one hundred percent (100%) screened from adjacent property lines and the public right-of-way.
      1. Items approved by the City Council for display on designated display pads are exempt from this headlight screening requirement. This exemption shall only apply to items oriented toward the public right-of-way and not adjacent properties. Display pads shall be physically separated from parking lots and drive aisles and shall comply with the applicable district's parking setback requirements. (Ord. 1316, 4-8-2014)
   3. Open rental and sales lots shall only be considered for vehicles of a noncommercial nature.
   4. Parking lot landscaping shall comply with all requirements of section 10-7-26 of this chapter.
   5. A minimum of eight percent (8%) of the interior of the sales lot shall be landscaped. Said landscaping shall count toward meeting the overall site green space requirement identified by chapter 30A of this title, for the underlying zoning district.
   6. No auctions shall be permitted.
   7. No outdoor speaker systems shall be permitted for uses that abut or are across the street from residential uses.
   8. Delivery and loading hours shall be limited to the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. for all open sales/rental lots that abut or are across the street from a residential use.
   9. Accessory car wash/vacuums shall be subject to the requirements of section 10-7-43 of this chapter. (Ord. 1226, 1-18-2011)
      

1. Requirements: Temporary/seasonal outdoor sales uses shall be allowed only when permitted in the underlying zoning district and shall meet the following requirements:
   1. Permit Required: No person shall conduct temporary/seasonal outdoor sales, without first having received a permit as provided in this section.
   2. Permit Application: The application for a permit shall include the following information:
      1. A list of vendors;
      2. A list of all the products to be sold;
      3. A list of all the materials and their quantities to be sold or displayed;
      4. The intended dates, times, and the duration of the sales;
      5. The name and contact information of the person or organization managing the temporary/seasonal outdoor sales event; and
      6. A site plan illustrating the sales arranged in as compact a manner as possible demonstrating vehicle and pedestrian access, circulation and safety, traffic flow, and parking. Access must safely function and not interfere with the operation of the principal use of the site. The site plan shall include the following information:
         1. Vendor stalls, location, arrangement and their dimensions;
         2. Promenade aisle width;
         3. Setbacks from property lines;
         4. On-site parking and traffic circulation patterns;
         5. Pedestrian access and circulation patterns;
         6. Service vehicle access and staging areas;
         7. Trash and waste handling equipment;
         8. On-site lighting;
         9. Proposed signs, location, size, and height;
         10. Restroom availability;
         11. Seating areas; and
         12. Proposed signs.
   3. Permit Types: A new permit shall be required for all sales located on sites where a permit has not been issued during the preceding twelve (12) month period, and for all sales that include a different site plan, list of materials to be sold, or size and/or location of the sales area from the most recently approved permit. A renewal permit shall be required for a sale that is substantially similar to the most recently approved sale at the site, provided that the most recently approved permit was issued during the preceding twelve (12) month period.
   4. Permit Fee: The applicant shall pay the new or renewal permit fee as established annually by the city council. The fee for new and renewal permits shall also include the cost of a sign permit. The permit fee shall be paid in full with the application.
   5. Duration: Permits issued under this section shall be valid for the dates and times approved with the permit; no permit shall exceed ninety (90) days. No more than two (2) permits shall be issued to the same applicant or property in any calendar year.
   6. With the exception of a flea/antique/farmer’s market, the permit is good for one (1) vendor per property. A property may not hold more than one (1) permit at a time.
2. Exemptions:
   1. Schools, academies, universities, libraries, churches, hospitals or similar institutions are not required to obtain a temporary/seasonal outdoor sales permit, when the sale is conducted on their own property.
   2. Organizations identified in section 3-20-14 of this code shall not be required to obtain a temporary/seasonal outdoor sales permit.
3. Permit Applicant: The applicant for the permit shall be the owner of the property. If the sale is operated by a person other than the property owner, the owner must notify the city of the operator. The property owner is responsible for the actions of the operator and the conditions of the permit.
4. Performance Standards: A new or renewal permit shall be issued by the city provided the applicant demonstrates that the following performance standards will be met:
   1. Off street parking and loading areas are provided where required.
   2. No public address system shall be used.
   3. The number, area, bulk, height, location, frequency, and duration of temporary/seasonal outdoor sales uses is controlled. The site shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in offensive odors or unsightly conditions.
   4. Vendor stalls and display of items shall be arranged in as compact a manner as reasonably practicable with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe. No person or display shall obstruct any municipal or private fire hydrant, or any fire protection device affixed to a building. Additionally, the obstruction of posted fire lanes shall be prohibited, and no public right-of-way (ROW) shall be occupied without a ROW permit.
   5. No uses or displays shall be permitted in required parking areas, required green areas, parking setback areas, or any right of way or other public property.
   6. Signage shall be limited to one sign not to exceed thirty two (32) square feet. The sign may be a banner, shall have a professional appearance, and shall be mounted or erected in an appropriate location. This limitation applies to all signs associated with the sale, including those affixed to vehicles. The sign may be illuminated but must comply with all requirements of chapter 30 of this title.
   7. All lighting shall comply with the lighting standards of section 10-7-36 of this chapter.
   8. The sale area and associated parking and loading areas shall not obstruct parking spaces needed by any permanent business established on the site except that when a sale is held only during the time when all permanent businesses on the site are closed, parking spaces may be obstructed.
   9. No portion of the use or event shall take place within one hundred feet (100') of any residential buildings. No sales events with twenty (20) or more vendors shall take place within one hundred and fifty feet (150') of any residential building.
   10. An antique/flea/farmer’s market sale shall provide one parking stall per one hundred (100) square feet of vendor display area plus one parking stall per vendor. All parking shall be on site or on an adjacent parcel when approved as part of the initial review.
   11. An antique/flea market sale shall be limited to only one day per calendar week during a consecutive ninety (90) day permit period, and shall not exceed fourteen (14) days throughout the ninety (90) day period.
   12. Antique/flea market sales are limited to the B-2, B-3, and B-4 zoning districts only.
   13. Farmer’s markets shall be allowed to operate up to three (3) days per week during the months of April through November.
   14. Hours Of Operation:
       1. Antique/flea/farmer’s markets shall be limited to operating between the hours of 8:00 A.M. and 7:00 P.M.
       2. Farmer’s markets that are located in the R-1 District or within one hundred fifty feet (150') of an R-1 zoned property shall not allow vendors to begin setup until 7:00 A.M. on the day of the farmer’s market.
       3. All sales merchandise shall be unloaded prior to the opening of the market and confined to the off-street parking lot area. No on street parking or unloading shall be allowed.
5. Denial Of Renewal Permit: No renewal permit shall be issued if the operator failed to comply with any performance standards during the term of a previously issued new or renewal permit, except upon the approval of the planning commission.
6. Denial For Noncompliance: If the city staff denies a permit, it shall notify the applicant in writing, stating the ways in which the proposed use does not comply with the standards required by this title.
7. Permittee: A temporary/seasonal outdoor sales permit shall be issued for a particular use and to the property owner making application for such permit. Such permit shall not be transferred or assigned for use by another without the written consent of the city. However, such consent by the city shall not be unreasonably withheld.
8. Revocation: Failure to comply with any performance standard or any other violation of this title, shall be a misdemeanor and shall also constitute sufficient cause for the termination of the permit by the city council following a public hearing.

1. Net Density: The "net density" of residential developments, defined in section 10-4-2 of this title, shall be:
   
   

   R-1A zone =	0.5 - 1.0 units per acre
   R-1 zone =	2.0 - 4.35 units per acre
   R-2 zone =	2.0 - 6.0 units per acre
   R-3A zone =	4.0 - 18.0 units per acre
   R-3B zone =	8.0 - 30.0 units per acre
   MIX (residential) =	15.0 - 50.0 units per acre
   TOD zone (residential) =	20.0 - 80.0 units per acre

1. Purpose: Automobile dealership remote storage is intended to modify the parking regulations in the B-3, B-4, CRD, I-3, GIM, GIH, and MIX districts to create temporary storage areas for automobile dealerships to store consumer vehicle inventory, at existing parking lots where there is sufficient excess capacity. Remote storage is only intended to accommodate consumer vehicles on a temporary basis during periods when automobile manufacturer deliveries exceed automobile dealership sales lot capacity.
2. Definitions: For the purposes of this section, the following definitions shall apply:
   
   AUTOMOBILE DEALERSHIP: A commercial use engaged in the sale or lease of consumer vehicles. Such use may include indoor and/or outdoor consumer vehicle display, sales offices, customer service areas, incidental consumer vehicle repair and maintenance, financing services, and consumer vehicle storage (on-site or remote) associated with the automobile dealership. This definition excludes uses engaged in the sale or lease of used consumer vehicles, consumer vehicle rental agencies, auto body repair, consumer vehicle impound facilities, and standalone service centers.
   
   CONSUMER VEHICLE: A new motor vehicle not previously titled or registered and meets the passenger automobile definition under Minnesota Statutes, Section 168.002. Neighborhood electric vehicles, medium-speed electric vehicles, and roadable aircraft, as defined in Minnesota Statutes, Section 169.011, are excluded.
   
   EXCESS PARKING: Parking spaces that exceed the minimum off-street parking requirements established by this Title, or are currently underutilized by the principal use, and that are available, functional, and legally permitted for shared or secondary uses.
   REGIONAL SHOPPING CENTER: A commercial development over 500,000 square feet consisting of multiple individual retail, service, dining, or entertainment establishments under one roof, with internal corridors or concourses providing access to each tenant.
3. Permit Required: A permit is required for consumer vehicle storage. The applicant for a remote storage permit must be the automobile dealership requesting the storage.
4. Application Materials: The following materials shall accompany a complete permit application.
   1. Proof of dealership licensure.
   2. A written explanation detailing the purpose of the remote storage facility, proposed operations, number and types of vehicles stored.
   3. Site plan identifying where the consumer vehicles will be stored.
   4. Written confirmation from the property owner allowing use of parking surfaces for the applicant’s vehicle storage.
5. Duration: Permits issued under this section shall be valid for up to 12 months.
6. Responsibilities: The property owner is responsible for the actions of the automobile dealership and the conditions of the permit.
7. Performance Standards: A permit shall be issued by the City provided the applicant demonstrates that the following performance standards will be met:
   1. Off street parking and loading areas must comply with the general parking requirements of section 10-7-26 of this chapter. Parking stalls shall be striped.
   2. Storage items shall be limited to new consumer vehicles belonging to and sold at automobile dealerships only located within City boundaries.
   3. No sales and leasing of consumer vehicles shall be conducted on the property.
   4. The storage of vehicles shall be arranged in as compact a manner as reasonably practicable with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.
   5. No inoperable or junk vehicles shall be parked at the remote storage location.
      
   6. No signage relating to an automobile dealership or the sale or leasing of a vehicle shall be permitted.
   7. No fencing, barriers or obstructions of any kind shall be used to contain or screen vehicles.
   8. No structures or outbuildings shall be permitted in relation to the storage of vehicles.
   9. No display pads relating to the sale or leasing of a vehicle shall be permitted at the remote vehicle storage site.
   10. No other site improvements related to the storage of vehicles, including additional lighting shall be permitted.
   11. The storage of vehicles shall not result in a parking deficiency or increase on street parking.
   12. Within the Mixed-Use district, consumer vehicle remote storage may occur at properties under common ownership of a regional shopping center or on properties within 350 feet of a regional shopping center with sufficient excess parking available.  
   13. Storage of used vehicles at remote storage sites is prohibited.
8. Approval Process
   1. Permit applications shall be reviewed administratively by planning staff.
   2. Permits may be denied or conditioned to ensure compliance with zoning, public safety, and aesthetic considerations.
9. Denial Of Permit: No permit shall be issued if the applicant or property owner fails to comply with one or more of the required performance standards.
10. Denial For Noncompliance: If the City staff denies a permit, it shall notify the applicant in writing, stating the ways in which the proposed use does not comply with the standards required by this title.
11. Revocation: The Zoning Administrator may revoke an administrative zoning approval under the following circumstances:
    1. Noncompliance: The use or development is not in substantial conformance with the approved plans, permit conditions, or applicable zoning regulations.
    2. Violation of Law: The use is being conducted in violation of applicable local, state, or federal regulations.
    3. Failure to Act: The permit has not been exercised, implemented, or maintained within the time period specified in the approval.
    4. Public Nuisance or Safety Hazard: The use creates a public nuisance or constitutes a hazard to public health, safety, or general welfare.
12. Revocation Procedure:
    1. The Director of Community Development shall provide written notice to the permit holder identifying the specific reasons for revocation and any corrective actions that may be taken.
    2. The permit holder shall have a minimum of 15 calendar days to respond or remedy the issue, unless an immediate threat to public safety warrants a shorter period.
    3. If the issue is not adequately resolved within the prescribed timeframe it shall constitute sufficient cause for the termination of the permit by the city council following a public hearing. The permit holder may appeal the revocation in accordance with the procedures outlined in 10-5-8.
       

Pursuant to authority granted by Minnesota Statutes section 462.3593, subdivision 9, the City of Burnsville opts out of the requirements of Minnesota Statutes section 462.3593. (Ord. 1389, 6-21-2016)

1. Purpose: The City recognizes the need to encourage alternate housing types based on current housing trends. There is an increased desire to support multi-generational housing. This provision is intended to accommodate single family residential property owners who wish to invest in their homes and add value while providing alternative housing options within the City. The purpose of this subdivision is to permit and regulate permanent accessory dwelling units (ADU) only as a permitted accessory use subject to the regulations set forth herein. The minimum lot size in R-1 and R-1A Zoning Districts ensures that additional housing will have less impact on neighboring properties. By allowing only those accessory dwelling units that are in compliance with all of the performance standards of this subdivision, the character and quality of existing neighborhoods will be protected.
2. Performance Standards: No property within a Single-Family Residential District shall have more than one dwelling unit, except an ADU may be permitted as an accessory use to a single family dwelling when the following requirements are met:
   1. The primary residence must be located on a lot within an R-1 or R-1A Zoning District.
   2. All applicable state and shoreland and watershed district requirements are met.
   3. Attached ADUs shall meet the principal structure setback requirements for the underlying zoning district.
   4. Detached ADUs shall meet the accessory building setback requirements for the underlying zoning district.
   5. Detached ADUs shall not count towards the maximum number of accessory buildings and structures allowed on a property as outlined in section 10-7-4 of this chapter.
   6. The property owner must reside in either the primary residence or the ADU as their permanent residence. The property owner must reside in the home not less than one hundred eighty five (185) days per calendar year, and during which period the subject property continues to be the applicant's legal and principal residence.
   7. An ADU may not be subdivided or otherwise segregated in ownership from the primary residence structure.
   8. The primary single family dwelling unit shall meet subsection 10-12-1(A) of this title related to minimum dwelling size.
   9. ADUs in combination with the associated single family dwelling unit shall comply with all City Code requirements for single-family dwellings.
   10. An ADU's footprint and total floor area shall be no more than fifty percent (50%) of the primary dwelling unit footprint or total floor area. An ADU's total floor area shall not be less than three hundred (300) square feet.
   11. An ADU shall be designed and maintained as to be consistent and with the architectural design, integrated materials, style, appearance and character of the primary residence as a single-family residence.
   12. An ADU may be located within or attached to the primary residence on lots ten thousand (10,000) square feet or greater.
   13. The ADU shall contain no more than two (2) bedrooms.
   14. One off-street parking space (enclosed or on a driveway) shall be required for the ADU. A minimum garage of four hundred forty (440) square feet shall be maintained for the primary residence as required by subsection 10-7-26(H)1 of this chapter.
   15. No more than one ADU shall be permitted on a lot or parcel and only one address per parcel.
   16. If the exterior door for the ADU is on the same wall as the primary residence front door then the two (2) doors shall be separated a minimum of twenty feet (20') apart.
   17. ADUs shall be constructed on a permanent foundation with no wheels.
   18. The primary residence and ADU shall be constructed and maintained in compliance with the property maintenance regulations set forth in this Code.
   19. The primary residence and ADU shall be served by one shared Municipal water, sanitary sewer, gas and electric utility service. Except in the R-1A Zoning District, if not served by sewer and water the primary residence and ADU shall meet the private well and septic requirements according to section 10-13-5 of this title.
3. Permit And License Requirements: It is unlawful for a property owner to construct or allow occupancy within an ADU that does not comply with all of the foregoing requirements:
   1. Building Permit Required: An ADU as permitted in this chapter shall be constructed and maintained in accordance with all State laws, State Building, Plumbing, Electrical, Mechanical, and Fire Code regulations and City Code requirements.
   2. Rental License Required: If the ADU is rented or leased then the property owner shall be responsible for meeting the requirements in title 3, chapter 28 of this Code.
      

Trailers and camping vehicles may be parked or stored in a residential district in accordance with this section, provided the following conditions are met:

1. In all residential districts:
   1. Trailers and camping vehicles must be the property of the residential lot owner or tenant and be maintained in a clean, well kept, operable condition.
   2. Trailers and camping vehicles shall be mobile and shall not be permanently affixed in the ground in a manner that would prevent removal.
   3. Trailers and camping vehicles are not to be occupied or used for living, sleeping or housekeeping purposes while parked or stored; provided, however, nonpaying guests of the owner of the property may occupy one trailer or camping vehicle in addition to those permitted herein. Such vehicle shall be parked subject to the provisions of this section and used for sleeping purposes for a period not to exceed 7 consecutive days at one time or more than 14 days total in one calendar year.
   4. It shall be unlawful to discharge from any trailer or camping vehicle a holding or storage tank except at a state approved disposal facility.
   5. Except for routine maintenance or during emergency conditions when power supply is disrupted, the operation of a trailer or camping vehicle power generator plant shall not be permitted in residential districts.
   6. Trailers used as part of a home occupation are prohibited per subsection 10-12A-2(A)3 of this code. (Ord. 1300, 5-14-2013)
2. In R-1 Single Family Residential, R-1A One Family Rural Residential and R-2 districts Two Family Residential:
   1. No more than 2 trailers or camping vehicles may be parked or stored outside on a residential lot less than one acre in size. However, no more than 1 trailer or camping vehicle may be parked or stored outside on that lot if there is also one commercial vehicle, as permitted in subsection 7-1-11(A)2c of this chapter, parked or stored outside on the same residential lot. No more than 4 trailers or camping vehicles may be parked or stored outside on a residential lot one acre or larger in size. Any number of trailers or camping vehicles exceeding 2 must be completely screened from view from public streets or adjacent property. Additional recreational vehicles may be kept within an enclosed structure which otherwise conforms to the zoning requirements of the district.
   2. Trailers and camping vehicles which are parked on the front yard may only be located on the established driveway entirely on the vehicle owner's property . For most residential lots, the front yard property line is approximately 15 feet from the back of the curb of the City street. Trailers and camping vehicles may be stored or parked on the rear or side yard behind the required front yard setback and not closer than 5 feet from the side lot line and 8 feet from the rear lot line. The parking or storage of trailers and camping vehicles on the rear or side yard, as permitted herein, shall be on hard surface that is as least equal in size to the perimeter of trailers and camping vehicles being stored. Said hard surface must be composed of at least on of the following materials: class 5, concrete, bituminous, decorative landscape rock, or brick pavers. There shall be no other outdoor parking or storage of trailers and camping vehicles beyond that permitted under this sections. (Ord. 1395, 8-16-2016)
   3. The maximum length for any trailer or camping vehicle parked or stored on a lot is 40 feet, except that in the R-1A district motor homes in excess of 40 feet are permitted.
3. In R-3A Medium Density Residential, R-3B High Density Residential and R-3D Mobile Home Park districts: Trailers and camping vehicles may be stored on site if they are stored in an area that is completely screened from eye level view from adjacent properties and public streets. The storage area shall be in addition to, and not within, any parking area otherwise required under the City Code. (Ord. 1300, 5-14-2013)

1. Purpose: To implement the provisions of Minnesota Statutes, Chapters 342 and 412, which authorizes the city to protect the public health, safety, welfare of residents by regulating cannabis businesses within the city.
2. Authority: The city has the authority to adopt this section pursuant to:
   1. Minnesota Statute, Section 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses.
   2. Minnesota Statute, Section 412.221 subd. 32 and 462.357, regarding the authority of a local authority to adopt zoning ordinances regarding general welfare.
      

The definitions in Minnesota Statutes, Section 342.01 are hereby adopted and made part of this Chapter, in addition to:

CANNABIS CULTIVATION BUSINESS: A business licensed to grow cannabis plants within a principal building from seed or immature plant to mature plant. harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office, pursuant to Minnesota Statutes, Chapter 342. Outdoor commercial cultivation of cannabis is prohibited.

CANNABIS MEZZOBUSINESS: A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis mezzobusiness license pursuant to Minnesota Statutes, Chapter 342.

CANNABIS MICROBUSINESS: A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis microbusiness license pursuant to Minnesota Statutes, Chapter 342.

CANNABIS MANUFACTURER: A business with a cannabis manufacture license that manufactures cannabis products and hemp products, and package such products for sale to a licensed cannabis retailer, pursuant to Minnesota Statutes, Chapter 342.

CANNABIS RETAILER: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form pursuant to Minnesota Statutes, Chapter 342.

CANNABIS TESTING FACILITY: An establishment engaged in obtaining and testing cannabis and hemp, or products derived therefrom, that has a valid, approved license pursuant to Minnesota Statutes, Chapter 342.

CANNABIS WHOLESALER: An entity licensed or authorized to obtain, store, and sell or otherwise transfer cannabis or hemp seeds, plants, flower, or other products for the purpose of resale or other transfer to a cannabis business, but not to consumers, pursuant to Minnesota Statutes, Chapter 342.

LOWER-POTENCY HEMP EDIBLE MANUFACTURE: A business that manufacturers and packages lower-potency hemp edibles for consumer sale, and/or sells hemp concentrate and lower-potency hemp edibles to other cannabis businesses and hemp businesses, pursuant to Minnesota Statutes, Chapter 342.

LOWER-POTENCY HEMP EDIBLE RETAILER: A business that sells lower-potency hemp edibles to customers, pursuant to Minnesota Statutes, Chapter 342.

MEDICAL CANNABIS COMBINATION BUSINESS: Medical cannabis combination businesses may cultivate cannabis and manufacture cannabis and hemp products, and package such products for sale to customers, patients, or another licensed cannabis business.

CANNABIS CULTIVATOR: A business that cultivates cannabis and packages cannabis for sale to another medical cannabis business to sell as medical cannabis flower or process into medical cannabinoid products.

MEDICAL CANNABIS PROCESSOR: Purchase, make, manufacture, package, and label medical cannabis.

MEDICAL CANNABIS RETAILER: Purchase and sell medical cannabis to authorized persons.

STATE LICENSE: An approved license issued by the State of Minnesota’s Office of Cannabis Management to a cannabis business.

1. Minnesota State License Required: It is unlawful for any person or legal entity to operate or permit the operation of a cannabis business or hemp business without first obtaining a license from the Office of Cannabis Management for a cannabis business or hemp business.
2. City Registration Required: Cannabis and hemp retail businesses shall register with the City as required in Title 3 of this Code.
   

Cannabis facilities shall be equipped with ventilation and filtration systems that prevent cannabis odor from escaping the premises.

Cannabis businesses licensed or endorsed are permitted in the following districts:

Notes: P means Permitted Use; CUP means Conditional Use Permit