1. The purpose of this Article is to establish uniform development standards that apply to all zoning districts within the City. These standards are intended to promote orderly growth, protect property values, ensure compatibility among uses, and safeguard the public health, safety, and welfare.
2. Applicability: The provisions of this Article apply to all zoning districts, unless specifically modified by a district regulation, overlay district, or special provision. In the event of a conflict, the more restrictive standard shall govern.
   

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-5 District are exempt from this standard and subject to the requirements of subsection 10-5-5 (A-C) of this title.
   2. Trash enclosure accessory structures on lots with 2 or more frontages in the R-3, R-4, 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 10-10-2 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-5 District are exempt from this standard and subject to the requirements of subsection 10-5-5 (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.
          

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 10-9-13 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.
      

Demolition of structures shall not be permitted without a permit. The Director of Community Development or designee shall issue a permit upon determination that the application complies with the requirements of this section:

1. The demolition shall be completed in a safe manner and in accordance with all applicable building, fire, and safety codes.
2. All demolition debris and materials shall be removed from the property and disposed of in accordance with applicable, local, state and federal laws.
3. Following demolition, the site shall be graded, maintained, and secured so as not to create a public nuisance or hazardous condition.

All development shall comply with the City’s Water Resources Management Plan. No development shall increase runoff onto adjacent properties beyond pre-development conditions unless approved by the City Engineer, and all drainage shall respect recorded easements.

Small Wireless Facilities shall be considered essential services and are permitted as authorized and regulated by State law and this Code.

1. To the extent allowed by State law or this Code, small wireless or other telecommunications facilities placed in the right-of-way, as specified in Title 8, Chapter 8, shall be allowed only as a conditional use if:
   1. Located within or abutting zoning districts allowing residential uses; and
   2. The proposed facility is to be installed on a new or replacement pole or support structure.
2. 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.
3. Other Conditions: 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.

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.
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.
5. Pole lighting shall be downcast and shielded on all faces. Wall pack lighting shall be downcast and shielded on all faces.
6. Headlights shall be one hundred percent (100%) screened as required in Section 10-9-21 of this chapter.
   

In all districts exterior storage is prohibited except as permitted by the underlying zoning district.
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 10-9-21 of this chapter.

1. Open Storage Lot:
   1. Open storage lots allowed in the underlying zoning district are subject to the following provisions and restrictions:
      1. Shall have a principal structure on the lot where the open storage area is located.
      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.
      3. Screening shall be provided pursuant to Section 10-9-18 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.
2. Regulation Of Storage; Trailers And Camping Vehicles: 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 Section 10-10-6 (A) (3) of this code.
   2. In R-1 One-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 Section 7-1-11(A) 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 section.
      3. The maximum length for any trailer or camping vehicle parked or stored on a lot is 40 feet, except that in the RR-1 district motor homes in excess of 40 feet are permitted.
   3. In R-3 Medium Density Residential, R-4 High Density Residential and R-5 Manufactured Housing 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.
3. Open Sales/Rental Lot: 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.
   2. The view from headlights shall be one hundred percent (100%) screened from adjacent property lines and the public right-of-way.
      
      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.
   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 10-9-10 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 Section 10-9-13 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 10-10-1 of this chapter.

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 10-9-21 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 10-9-21 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 10-9-21 of this chapter.
   

1. General Parking and Access Requirements:
   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 10-5-1 (B) 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 10-6-8 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 Section 10-9-13 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 10-9-21 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 10-9-10 (A) 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 12 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 10-9-7 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 10-9-21 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
         Nursing Home Other Than Assisted Living Facility	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 subsectal

         
         
      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 100 square feet of floor area. Spaces at pump island may count toward total parking requirement
         Furniture and Applicant 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
         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. 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 large	Minimum of 4.5 spaces, with a maximum of 5 spaces per 1,000 square feet of floor area

         
         
      6. Office:
         

         Office Building 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

         
         
      7. 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

         
         
      8. 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

         
         
      9. 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 current standards for parking facilities, and exterior lighting shall comply with city-adopted photometric and glare control 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 One-Family Residential, R-1A One Family Rural Residential, R-2 Two Family Residential, and R-3 Medium Density Residential, R-4 High Density Residential and R-5 Manufactured Housing 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 10-9-8 (C) 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.
2. Off Street Loading 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.
   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.
   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.
   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.
   7. All loading and service areas shall meet screening requirements of section 10-9-8 of this chapter.
3. Traffic Control
   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.
   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.
4. Emergency Vehicle Access
   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.
      

1. Height limitations specified elsewhere in this title may be increased fifty percent (50%) when applied to the following structures:
   1. Belfries.
   2. Chimneys.
   3. Church spires.
   4. Cooling towers.
   5. Cupolas and domes which do not contain usable space.
   6. Elevator penthouses.
   7. Fire and hose towers.
   8. Monuments.
   9. Observation towers.
   10. Smokestacks.
   11. Water towers.
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 will 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 will 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.
   

1. 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.
2. Parking: The parking required for the incidental accessory use shall be consistent with the requirements of Section 10-7-10 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.
3. 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.
4. Revocation Or Denial: Violation of the terms and conditions of any permit 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.
   

1. Purpose and Intent: The purpose of this chapter is to clearly express the city's intent for all properties to be landscaped and maintained with great care. Properties will be landscaped to express sensitivity to environmental conditions as well as the aesthetic needs of the general public.
   1. The requirements of this chapter are intended to guide landscaping within commercial, industrial and residential zoning districts. All plantings installed by property owners in addition to the standards required by this chapter do not need to comply with plant size specifications.
   2. All landscaping must be designed to add visual beauty to the property and provide a high level of aesthetic value. The quantity and quality of the design should be compatible with each zoning district and the intended use of the property. Landscaping shall also be consistent with areas which have established unique design concepts, patterns, and any applicable overlay districts.
   3. All new development or full redevelopment of a site must comply with the landscape requirements of this chapter and must incorporate sustainable landscape elements in the planting design, including but not limited to xeriscaping, use of native species, rain gardens/bioretention systems, green rooftops, lakescaping, and aesthetic design elements such as public art, fountains, plazas, and front yard or entrance landscaping.
   4. The preservation of desirable vegetation is a goal which should be addressed prior to the vegetation removal for grading, construction and/or expansion of an existing use.
2. General Landscape Requirements: General requirements shall apply to all zoning districts and include the following:
   1. Landscape Plan: Prior to the commencement of turf removal, digging, grading or planting, a landscape plan shall be submitted to the City providing all information required in this chapter. Color renderings that are drawn to scale shall be provided illustrating the appearance of landscaping and screening at the time of installation. All underground and overhead utilities and other mechanical equipment must be shown on the plan. The contractor is responsible for all damage, repairs and delay of service as a result of damage to any above or below ground utilities.
   2. Areas Disturbed By Grading: All areas disturbed by grading which are not built upon, paved or retained as a natural area shall be sodded, hydroseeded, and/or landscaped, unless specifically approved as part of the overall landscape plan. The provisions of Section 10-8-1, "Controlling Erosion And Sediment From Land Disturbing Activities", of this Title shall also apply.
   3. Nursery Stock Sizing: The following nursery stock standards shall be required at the time of planting. All measurements shall conform to the standards set forth in the current edition of the "American Standard for Nursery Stock". Larger plants may be used or specified at any time. Trunk diameter shall be measured 6 inches above ground level for 4 inch caliper trees or less and measured 12 inches above ground level for 4 inch caliper trees or more.

      	Potted	Balled and Burlapped
      Overstory (Shade) Trees	2 1/2 inch diameter	2 1/2 inch diameter
      Ornamental Trees	6 to 7 feet	2 inch diameter
      Evergreen Trees		6 feet
      Tall Shrubs and Hedge Material (Evergreen or Deciduous)	3 to 4 feet	3 to 4 feet
      Low Shrubs, Deciduous	18 to 24 inches	24 to 30 inches
      Evergreen	18 to 24 inches	24 to 30 inches
      Spreading Evergreens	18 to 24 inches	18 to 24 inches

   4. Prohibited Species: Prohibited species that shall not be planted within the City are identified in the Burnsville woodland protection and evaluation packet.
   5. Topsoil: When topsoil or planting soil is required, the soil is to have a pH range of 5.00 to 8.00 unless otherwise specified. All soil is to be decompacted and free of sticks, stones, and other debris. Soil is to contain no less than 5 percent organic compost and 25 percent sand. For planting of shrubs, perennials, and ornamental grass, a minimum depth of 6 inches of topsoil is to be placed on the affected areas prior to installation. For establishment of turf, a minimum depth of 4 inches of topsoil is to be placed on the affected areas prior to installation of sod or seed.
   6. Planting Schedules: All plants to be installed shall be identified and approved by the City prior to installation. Plants shall be identified by a planting schedule which includes:
      1. Quantity of plants to be installed,
      2. Common name,
      3. Botanical name,
      4. Plant size at installation and at full growth,
      5. Root type (balled and burlapped, container).
   7. Plant Location:
      1. No plants except for flowers, ground covers, or vines shall be placed within 2 feet of any building, driveway or parking area unless specifically noted on the landscape plan.
      2. Trees shall be planted at least 5 feet from the property line.
      3. The landscape and screening location requirements of this chapter may be modified where existing conditions such as easements, underground pipelines or other circumstance would not allow required landscaping or screening to be installed. In these cases, the required plant or screening materials may be installed elsewhere on site as approved by the Development Review Committee (DRC).
   8. Staking Of Trees: The owner is responsible for keeping trees in a plumb position. When staking or guying is required, it shall occur so as not to create any hazards or unsightly obstacles. All wires shall be encased in hose to prevent tree damage.
   9. Plant Hardiness: All plants specified and installed must be nursery grown and identified as hardy plants which are appropriate for all seasonal conditions. Plants must be sound, healthy, vigorous, and free of disease, insect eggs and larvae.
   10. Plant Diversity: To promote plant diversity in areas of a site where landscaping is proposed, no single variety of plants may constitute more than 25 percent of the plant materials, and the complement of plants used is to provide year-round visual interest. The 25 percent diversity provision does not apply to sod, turf grass, hedges, or wetlands and lake buffers that are subject to other standards in this title.
   11. Pervious Pavement Systems: In lieu of sod, seed, or other plant materials, pervious pavement systems may be installed up to a maximum of 10 percent of the required green space standard for each zoning district subject to:
       1. The applicant shall demonstrate to the satisfaction of the Development Review Committee (DRC) that proposed construction techniques, materials, soil conditions and the location and proposed use of said systems are appropriate for the specific site conditions, and
       2. The landowner shall enter into a maintenance agreement with the City.
          If the applicant and the Development Review Committee (DRC) cannot agree on the proposed pervious pavement system, the applicant shall be required to make an application for a conditional use permit (CUP) for approval to use the system.
   12. Irrigation Requirements: All properties abutting or across the street from Residential Districts and uses shall provide inground irrigation systems to all landscaped and vegetated screening areas.
   13. Irrigation Controls: Where irrigation systems are installed, said systems shall have water sensor devices to avoid overwatering and timing devices to ensure irrigation is conducted during the hours permitted by the City watering restriction requirements.
   14. Coverage: All landscaped areas shall contain sod, be seeded or defined as a landscape planting bed with approved native vegetation, ground covers, gardens, shrubbery and trees with a mulch cover, water features, or koi ponds.
   15. Maintenance: All landscaped areas shall be maintained by the property owner and kept neat, clear and uncluttered, and where landscaping is required as part of City approvals, any plant material which is diseased or dies shall be replaced with like kind of the original size by the property owner. No landscaped area shall be used for the parking of vehicles or for the storage or display of materials, supplies or merchandise, unless specifically approved by the City.
       1. The owner shall be responsible for establishing and maintaining turf grass or sod on all maintained portions of the property within 10 days of the date of occupancy, or by June 18, if occupancy takes place between September 1 and May 31.
       2. Replacement of landscape materials, plantings and screening shall be consistent with the original landscape/screen design or as approved by the City.
       3. All repair or replacement shall be done within 45 days of written notification from the City.
       4. The responsibility for tree and plant growth and maintenance rests upon the property owner.
3. Guarantees And Securities:
   1. Guarantee: The owner shall guarantee the growth and maintenance of all plants for a minimum of two (2) growing seasons. The guarantee will be reduced to a one year guarantee if all green areas are properly irrigated with an inground irrigation system. The owner is responsible for contacting the City for a landscape installation inspection of all plantings. The guarantee period will not begin until the landscape installation inspection has occurred and the plantings conform to the approved landscape plan. At the end of the guarantee period, the owner is responsible to contact the City for a final landscape inspection. All plants must be alive and installed per the approved landscape plan. Failure to do so may result in the withdrawal of any or all necessary funds from the letter of credit or cash security by the City to finance the completion of the required landscaping.
   2. Letter Of Credit, Cash Security: Prior to the issuance of a building permit, the owner shall supply the City with a letter of credit or cash security in an amount not less than one hundred percent (100%) of the total estimated landscaped value. At the request of the City, the owner shall supply the installing contractor's official bid as verification for establishing the amount of security. At the owner's discretion, sodding costs may be estimated and secured as part of the letter of credit for erosion control. The security will be held by the city to ensure landscaping is installed as shown on the approved landscape plan and that plant materials survive the guarantee period. Provided landscaping is alive per the approved plan, the security will be returned to the owner at the end of the required guarantee period.
   3. Security For Single-Family And Twin Home Lots: Before a building permit is issued for a single-family home or twin home, for a remodeling of a single-family home or twin home that changes the footprint of the home, or for an accessory structure, a cash security or letter of credit in an amount to be set by city policy 2.050, shall be furnished to the city to guarantee compliance with the landscaping (including tree planting) requirements for the lot. A final certificate of occupancy will not be issued until the required landscaping and trees are installed. In the event the landscaping and tree planting is not completed, the city may enter the lot, perform the work and apply the cash security toward the cost. Upon satisfactory completion of the landscaping and tree planting, 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.
4. Grading Permit: Any earthwork shall comply with Section 10-10-7 of this title.
5. Erosion Control Guarantee: Prior to the issuance of a grading, filling, or excavation permit, the owner shall supply the city with all necessary information regarding erosion control measures and security in an amount to be set by City Policy Number 2.050. Upon the completion of the project and the determination that all erodible areas have been adequately stabilized, the erosion control escrow, without interest, less any draw made by the city, shall be released to the person who deposited the funds with the city.
   
   If the applicant fails to comply with the approved erosion control plan, or in the event of an emergency, the city may take such action as it deems appropriate to control erosion and charge the costs to the applicant. If the applicant does not reimburse the city for any cost incurred for such work to remedy erosion concerns within ten (10) days, the city may draw down the required cash escrow to pay the costs
   
6. Landscaping Requirements In Residential Districts:
   1. R-1, R-1A And R-2 Residential Districts:
      1. Required Landscaping:
         1. All front yards, boulevards and side yards to the rear of the structure shall have sod, hydroseeding, or landscaping with mulch cover properly installed within ten (10) days, weather permitting, of the date of occupancy, or by June 18 if occupancy takes place between September 1 and May 31. During winter conditions, when plants cannot be installed due to weather, the city will issue a temporary certificate of occupancy and specify a date for landscaping to be installed during the growing season.
         2. All erosion control measures shall be installed and maintained pursuant to Section 10-8-1 of this title.
         3. Two (2) trees per interior lot or 4 trees per corner or through lot shall be installed, in the front yard or side yard if facing a street, concurrently with sodding requirements.
         4. Each lot shall have one overstory tree and either one ornamental tree or evergreen tree within each yard abutting a street. The lot may have 2 overstory trees within each yard abutting a street as long as they are not identical species. This provision may be waived if existing trees meet the requirements of this section and are shown on the certificate of survey.
         5. All trees shall be planted on private property at least 5 feet from the property line. All required trees shall be in the front yard or, on a corner lot, they may be located in either the front or street side yard area. On a cul-de-sac lot one may be located in the side yard area.
         6. In subdivision planting, not less than 2 species of trees shall be planted in any block and not less than 20 percent nor more than 50 percent of the total trees planted in a block may be of the same species. (Ord. 1353, 9-8-2015)
   2. MIX, Mixed Use, R-3 Medium Density And R-4 High Density Residential Standards:
      1. At least 50 percent of the total site area shall be landscaped. For the purpose of this section, landscaping may also include prairies, wetlands, woodlands, ponds, pervious outdoor play areas, outdoor tennis courts, and outdoor swimming pools. Woodland areas shall not be decreased below the woodland removal threshold (established in Section 10-8-1(H) of this Title) and reforested off site, and wetland areas shall not be filled and mitigated off site, in order to comply with the landscape area requirement.
      2. All maintained/manicured landscaped areas shall have inground irrigation systems.
   3. R-5 Manufactured Homing District:
      1. All areas which are not occupied by the manufactured home site, driveway, parking area, patio or deck area, shall be landscaped or sodded.
      2. A buffer yard of not less than 30 feet in width shall be sodded and landscaped with approved ground cover, shrubbery and trees around the perimeter of the manufactured home park. This buffer yard shall be maintained by the owner of the manufactured home park.
7. Landscaping Requirements In Multiple-Family Residential, Business, Mixed Use And Industrial Districts
   1. General Requirements: General requirements that shall apply in all multiple-family residential, business, mixed use and industrial districts include the following:
      1. Open Area: for the purpose of calculating the required plant diversity in Section 10-9-13 (1)a of this chapter open area shall be the lot area with the following deductions.
         1. Storm water ponds:
         2. Wetlands:
         3. Utility easements containing pipelines or overhead transmission where the planting of trees/shrubs may interfere with the operation or maintenance of the in-place utility.
         4. Steep slopes: slopes having a grades exceeding twelve percent (12%).
         5. Woodland preservation areas. Areas contain significant tree masses which are in a tree preservation area. Tree preservation areas will be calculated by drawing geometric figure along the edge of the tree canopies of a significant tree preservation area.
         6. Buildings, parking areas, loading areas sidewalks and other impervious surface.
      2. Plant Diversity: In addition to the twenty five percent (25%) plant diversity requirement, the landscape plan design shall, at a minimum, provide at least three (3) of the following required numbers of trees and shrubs:
         1. One overstory tree per three thousand (3,000) square feet of open area.
         2. One ornamental tree per one thousand five hundred (1,500) square feet of open space.
         3. One evergreen tree per three thousand (3,000) square feet of open area.
         4. One deciduous or evergreen shrub per one hundred (100) square feet of open area.
      3. Building Perimeter Landscaping:
         1. Multiple Family, Office, Clinic, Daycare, Restaurants and Industrial Uses: At least fifty percent (50%) of the total building perimeter shall be sodded or landscaped with an approved ground cover, shrubbery, and trees in an area of no less than six (6') feet in width. A reduction in the percent of building perimeter landscaping may be allowed with the provision of alternative landscape option; Aesthetic Design in accordance with Section 10-9-13(3)f of this ordinance located within ten (10') feet of the building wall.
         2. Multi-tenant Commercial Retail, Retail On-Site Service Businesses and Shopping Center uses: At least thirty percent (30%) of the total building perimeter shall be sodded or landscaped with an approved ground cover, shrubbery and trees in an area of no less than six (6') feet in width. A reduction in the percent of building perimeter landscaping may be allowed with the provision of alternative landscape option; Aesthetic Design in accordance with Section 10-9-13(3)f of this chapter.
      4. Heat Island Reduction: To minimize impact on microclimate, human and wildlife habitat, shading of parking lots is required. At least one overstory tree shall be planted for every ten (10) parking stalls on site. To satisfy this requirement trees must be located at least four feet (4') and within ten feet (10') of a curb adjacent to any internal parking or drive area. Said trees shall count toward meeting the overall site green space and landscaping requirements identified by this chapter for the underlying zoning district.
      5. Buffer Yards:
         1. Buffer Yard Location: Where any business or industrial use (i.e., structure, parking or storage) abuts a residential zone or use, such business or industry shall provide a buffer yard and screening along the boundary of the residential property. The buffer area and screening shall also be provided where a business or industry is across the street from a residential zone or use, but not on that side of a business or industry considered to be the front as defined by the city.
         2. Buffer Yard Design: Except in areas of steep slopes or where natural vegetation is acceptable, as approved by the city, buffer yards shall contain a combination of earth berms, plantings, or privacy fencing of a sufficient density to provide a minimum visual screen and a reasonable buffer to the following heights:
            1. Plantings: All designated buffer yards must be seeded or sodded except in areas of steep slopes where natural vegetation is acceptable as approved by the city. Trees and shrubs planted in a buffer yard shall count toward meeting the overall site tree/shrub count requirements identified within Section 10-9-13(1)a of this chapter. All plantings within designated buffer yards shall adhere to the following:
               1. Planting screens shall be fully irrigated, consist of healthy, hardy plants, a minimum of six feet (6') in height and designed to provide year round visual obstruction of the item(s) to be screened pursuant to Section 10-9-21 of this title.
               2. Plant material centers shall not be located closer than five feet (5') from the fence line and property line, and shall not conflict with public plantings, sidewalks, trails, etc.
               3. Landscape screen plant material shall be in two (2) or more rows. Plantings shall be staggered in rows unless otherwise approved by the city.
               4. Shrubs shall be arranged to lessen the visual gaps between trees. Along arterial streets, all plantings of deciduous trees shall be supplemented with shrubs such that the buffer yard contains a continuous band of plants.
               5. Deciduous shrubs shall not be planted more than four feet (4') on center, and/or evergreen shrubs shall not be planted more than three feet (3') on center.
               6. Deciduous trees intended for screening shall be planted not more than forty feet (40') apart. Evergreen trees intended for screening shall be planted not more than fifteen feet (15') apart.
            2. Walls And Fences: All walls and fences erected within designated buffer yards shall meet the following conditions:
               1. A screening fence or wall shall be constructed of attractive, permanent finished materials compatible with those used in construction of the permanent structure. Such screens shall be at least six feet (6') in height and one hundred percent (100%) visual obstruction of the item(s) to be screened pursuant to Section 10-9-21 of this title.
               2. Fences may be exposed no more than a maximum length of twenty feet (20') between landscaping areas or clusters.
               3. For interior lots, a gate constructed of the same material as the fence shall be provided in the wall or fence to allow for maintenance of the street side boulevard.
               4. Fences and landscaping shall not be located within the traffic sight visibility triangle.
            3. Earth Berms: Earth berms shall adhere to the following:
               1. Except in areas of steep slopes or where other topographic features or physical characteristics will not permit, as determined by the city engineer, an earth berm shall be installed in all designated buffer yards in accordance with the following requirements:
                  1. Berms shall be a minimum of four feet (4') in height.
                  2. The slope of the earth berm shall not exceed a three to one (3:1) slope unless approved by the city engineer.
                  3. The earth berm shall contain no less than four inches (4") of topsoil.
   2. Parking Lot Landscaping Requirements: The following shall apply to all new development and redevelopment of parking lots for expansions creating five thousand (5,000) square feet or more of impervious surface or disturbance of one-half (1/2) acre or more of land. Trees and shrubs planted as parking lot landscaping shall count toward meeting the overall site tree/shrub count requirements identified within Section 10-9-13(H)1 of this chapter.
      1. Parking Lot Screening: Parking lot screening shall be designed to reduce the visual impact of surface parking lots; mitigate glare from headlights; improve the aesthetic quality of the area for users of the site, adjacent sites, roadways, and sidewalks; and define the perimeter of the parking lot as follows:
         1. Off Street Parking Containing Six Or More Parking Spaces: Between those portions of an off street parking area containing six (6) or more parking spaces and a different zoning district or a public street.
         2. Waiver: Parking lot screening requirements may be waived in circumstances where perimeter screening is provided or where the elevation of the parking area relative to the elevation of the street and sidewalk would make the screening ineffectual as determined by the development review committee (DRC).
         3. Exemption For Display Pads: Items approved by the city council for display on designated display pads are exempt from parking lot screening standards. 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.
         4. Parking Lot Screening Standards:
            1. Parking lot screening must be provided within ten feet (10') of the perimeter of the parking lot to be screened, except for parking lots adjacent to rain gardens/bioretention systems, other landscape features, or where the traffic sight visibility triangle may be impacted.
            2. Parking lot screening shall be a minimum of three feet (3') and a maximum of four feet (4') in height as measured from the adjacent finished surface of the parking area. When shrubs are used to provide the screen, such shrubs must be at least two feet (2') tall at planting and anticipated to grow to at least three feet (3') tall at maturity.
            3. No landscaping or screening shall interfere with driver or pedestrian visibility for vehicles entering or exiting the premises.
            4. Screening for a parking lot may be comprised of one hundred percent (100%) evergreen planting materials.
         5. Content: Parking lot screening must consist of at least two (2) of the following:
            1. A compact hedge of evergreen or densely twigged deciduous shrubs spaced to ensure closure into a solid hedge at maturity;
            2. A berm with plantings described above;
            3. Transit shelters, benches, bicycle racks and similar features may be integrated as a part of the screen;
            4. Fencing may be integrated as part of the screen. All wood fencing will be stained and sealed with a weatherproof product.
      2. Parking Island Design: Off-street parking areas with at least twenty-five (25) parking stalls must include interior landscaped islands. Such islands must be bounded by a raised concrete curb or approved equivalent and must include mulch (wood, bark, or decorative rock) or turf grass to retain soil moisture. This provision does not apply to parking structures. The standards for landscape islands are as follows:
         1. Landscape parking lot islands are required at the beginning and end of each parking row and must contain a minimum of one hundred eighty (180) square feet and a minimum width of nine feet (9').
         2. A minimum of one overstory tree is required for each island. This provision may be waived for islands utilized for stormwater management or other utility or safety issues as determined by the city engineer.
         3. Shrubs, perennials or ornamental grass must be incorporated in each landscaped island.
         4. Islands must be prepared with topsoil to a depth of two feet (2') and improved to ensure adequate drainage, nutrient and moisture retention levels for the establishment of plantings.
         5. All perimeter and interior landscaped areas in parking lots must be equipped with a permanent irrigation system, unless drought tolerant plant materials are used exclusively. Where drought tolerant plant materials are used, irrigation is required only for the two (2) year period following plant installation and may be accomplished using hoses, water trucks, or other nonpermanent means.
   3. Alternative Landscape Options: The city encourages the use of special design features such as xeriscaping; rain gardens/bioretention systems; landscaping with native species; green rooftops; heat island reduction; and aesthetic design. All site development and redevelopment must include two (2) of the following alternative landscape options:
      1. Xeriscaping: Xeriscaping is landscaping which uses plants that have low water requirements, making them able to withstand extended periods of drought. Xeriscaping landscapes are a conscious attempt to develop plantings which are compatible with the environment and make a conscious effort to minimize use of water.
      2. Rain Gardens/Bioretention Systems: Bioretention systems can be described as shallow, landscaped depressions commonly located in parking lot islands or within areas that receive stormwater runoff. For credit under this section, the rain garden/bioretention system shall be above ground and a visible part of the green or landscaped area. Stormwater flows into the bioretention area, ponds on the surface, and gradually infiltrates into the soil bed. Pollutants are removed by a number of processes including absorption, filtration, volatilization, ion exchange, and decomposition. Filtered runoff can either be allowed to infiltrate into the surrounding soil (functioning as an infiltration basin or rainwater garden), or discharged to the storm sewer or directly to receiving waters (functioning like a surface filter). The use of under drain systems are discouraged unless where infiltration is prohibited by the water resources management plan. Runoff from larger storms is generally diverted past the area to the storm drain system.
      3. Lakescaping: To preserve or restore the natural buffer along a shoreline. The buffer will be at least thirty feet (30') wide and be planted with native grasses and species of flowering plants.
      4. Landscaping With Native Species: Fifty percent (50%) of the plantings used in the landscape plan shall be of native plant communities of Burnsville on file with the City and approved by the Development Review Committee (DRC). These plant communities include:
         1. Upland deciduous forest: Oak forest, maple basswood forest, white pine hardwood forest, black ash swamp, and tamarack swamp.
         2. Brush prairie: Dry oak savannah, oak woodland-brushland.
         3. Oak openings and barrens: Dry oak savannah, oak forest.
      5. Green Rooftops: Green rooftops are veneers of living vegetation installed atop buildings, from small garages to large industrial structures. Green rooftops help manage stormwater by mimicking a variety of hydrologic processes normally associated with open space. Plants capture rainwater on their foliage and absorb it in their root zone, encouraging evapotranspiration and preventing much stormwater from ever entering runoff streams. What water does leave the roof is slowed and kept cooler, a benefit for downstream water bodies. Green roofs are especially effective in controlling intense, short duration storms and have been shown to reduce cumulative annual runoff by fifty percent (50%) in temperate climates.
      6. Aesthetic Design: Sites are to be designed to include three (3) of the following: public art, fountains, plazas, perennial beds, entrance landscaping, or other amenities reviewed and approved by the Development Review Committee (DRC).
   4. Compliance: If the applicant and the Development Review Committee (DRC) cannot agree on the proposed landscaping design, the applicant is required to make an application for a conditional use permit to prove compatibility.
      1. A reduction of the perimeter landscaping requirements for the principal use are allowed for outdoor patios per Section 10-6-8 of this title.
8. Landscaping Requirements Specific To Business Districts:
   1. B-1 Office Business:
      1. At least thirty percent (30%) of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.
      2. At least eight percent (8%) of the internal parking area shall be landscaped. This area is counted as part of the overall required "green area" as defined in Section 10-3-1 of this title.
      3. A reduction of the greenspace requirements for the principal use are allowed for outdoor patios per Section 10-6-8 of this title.
   2. B-2 Neighborhood Business:
      1. At least thirty percent (30%) of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.
      2. At least eight percent (8%) of the internal parking area shall be landscaped. This area is counted as part of the overall required "green area" as defined in Section 10-4-2 of this title.
      3. A reduction of the greenspace requirements for the principal use are allowed for outdoor patios per Section 10-6-8 of this title.
   3. B-3 General Business:
      1. At least twenty five percent (25%) of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.
      2. At least three percent (3%) of the internal parking area shall be landscaped. This area is counted as part of the overall required "green area" as defined in Section 10-3-1 of this title.
      3. A reduction of the greenspace requirements for the principal use are allowed for outdoor patios per Section 10-6-8 of this title.
   4. B-4 Highway Commercial:
      1. At least twenty five percent (25%) of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.
      2. At least three percent (3%) of the internal parking area shall be landscaped. This area is counted as part of the overall required "green area" as defined in Section 10-3-1 of this title.
      3. A reduction of the greenspace requirements for the principal use are allowed for outdoor patios per Section 10-6-8 of this title.
   5. CRD Commercial Recreation District:
      1. At least twenty five percent (25%) of the land area shall be landscaped with approved ground cover, shrubbery and trees. Artificial turf or areas of athletic fields that do not allow water to percolate through the soil shall not be counted as part of the required twenty five percent (25%) green space standard.
      2. At least three percent (3%) of the internal parking area shall be landscaped. This area is counted as part of the overall required "green area" as defined in Section 10-3-1 of this title.
      3. A reduction of the greenspace requirements for the principal use are allowed for outdoor patios per Section 10-6-8 of this title.
   6. MIX Mixed Use District: Commercial and mixed use sites in a MIX District shall have:
      1. At least twenty five percent (25%) of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.
      2. At least three percent (3%) of the internal parking area shall be landscaped. This area is counted as part of the overall required "green area" as defined in Section 10-3-1 of this title.
      3. A reduction of the greenspace requirements for the principal use are allowed for outdoor patios per Section 10-6-8 of this title.
9. Landscaping Requirements Specific To Industrial Districts:
   1. I-1 Industrial Park:
      1. At least twenty five percent (25%) of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.
      2. At least three percent (3%) of the internal parking area shall be landscaped. This area is counted as part of the overall required "green area" as defined in Section 10-3-1 of this title.
   2. I-2 General Industry:
      1. At least twenty five percent (25%) of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.
      2. At least three percent (3%) of the internal parking area shall be landscaped. This area is counted as part of the overall required "green area" as defined in Section 10-3-1 of this title.
   3. I-3 Office and Industrial Park:
      1. At least thirty percent (30%) of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.
      2. At least eight percent (8%) of the internal parking area shall be landscaped. This area is counted as part of the overall required "green area" as defined in Section 10-3-1 of this title.
   4. GIM Gateway Industrial Medium:
      1. At least thirty percent (30%) of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.
      2. At least eight percent (8%) of the internal parking area shall be landscaped. This area is counted as part of the overall required "green area" as defined in Section 10-3-1 of this title.
   5. GIH Gateway Industrial Heavy:
      1. At least twenty five percent (25%) of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.
      2. At least three percent (3%) of the internal parking area shall be landscaped. This area is counted as part of the overall required "green area" as defined in Section 10-3-1 of this title.
         

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 10-8-2 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.
   4. Signs: One informational sign shall be displayed as regulated by Section 10-12-4 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 10-9-21-1 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.
   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.
   10. Compost Bins: Compost bins are permitted as regulated by title 7, chapter 5 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.
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.
5. Animals
   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, including Chapter 6-2 ANIMALS of this code.
   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 noise, odor, 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.
         

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.

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.
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.
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 10-7-4 and 10-7-5 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.
    

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.

1. Noise: 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.
2. Smoke And Particulate Matter: The ambient air quality standards of the Minnesota Pollution Control Agency shall apply to the release of airborne materials within the City.
3. Toxic Or Noxious Matter: The Minnesota Pollution Control Agency standards governing toxic or noxious matter shall apply.
4. Odors And Air Pollution: The Minnesota Pollution Control Agency standards apply.
5. Radiation And Electrical Emissions: 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.
6. Vibration: 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.
7. Glare Or Heat: 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.
8. Explosives: 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.
9. Maintenance: All structures and property shall be maintained in a manner consistent with the goals and objectives of the Comprehensive Plan, Section 4-3-1 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.

1. Required Yards and Lot Provision:
   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').
   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 10-8-1-(K)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 10-9-10(4) of this chapter and subsection 10-5-2(G) 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).
   10. Yard Encroachment Exceptions:
       1. The following shall not be considered encroachments on setback requirements in all zoning districts.
       2. No encroachment shall be permitted in drainage and utility easements, unless approved by the City Engineer.
2. Lot Provisions:
   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.
      

The purpose of this Chapter is to implement the Land Use Chapter of the Comprehensive Plan by establishing density standards for specific residential zoning districts. The method of calculating density is identified in the definition of Net Density in Chapter 10-3 of this title.

1. No structures or landscaping shall exceed thirty inches (30") in height within any front or side yard on a corner lot if they obstruct visibility across the intersection.
2. A minimum sight triangle shall be established at the corner of each street intersection to provide motorists with a reasonable, unobstructed view.
   The sight triangle is defined as a triangle with:
   1. Two adjacent sides located along the curb line (or gutter line where no curb exists) of the intersecting streets, each measuring fifty feet (50') in length.
   2. A third side formed by a straight line connecting the endpoints of the adjacent sides.
3. The City may require the removal of any vision obstruction located within the minimum sight triangle.
   

1. Screening:
   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 7-1-1 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 Section 10-9-2(6).
      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 Section 10-9-1(C)(15) 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.
2. Fences: Fences shall be permitted in all yard’s subject to the following:
   1. Permits:
      1. A Building permit is required for fences that are taller than 7 feet.
   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.
   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 10-3 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 (7)a and (7)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.
   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.
      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.
   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.
   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.