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Center City City Zoning Code

CHAPTER 228

POS PUBLIC AND OPEN SPACE DISTRICT

§ 228.01 PURPOSE.

   The purpose of the POS Public and Open Space District is to provide for a specific zoning district allowing facilities devoted to serving the public. It is unique in that the primary objective of uses within this district is the provision of services, rather than the sale of goods or services and to provide recreational and leisure opportunities through publicly owned land. It is intended that uses within such a district will be compatible with adjoining development and they normally will have the full availability of municipal urban services.
(Ord. 2011-06-07A, passed 6-7-2011)

§ 228.02 PERMITTED USES.

   In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in the POS Public and Open Space District.
   (A)   Agriculture.
   (B)   Governmental utility buildings, public maintenance buildings, and structures necessary for the health, safety, and general welfare of the community, City of Center City only.
   (C)   Parks, trails, play fields, playgrounds, public gardens, and directly related buildings and structures.
   (D)   Public civic or cultural buildings, such as libraries, public administration buildings, fire stations, Police Department buildings and historical developments, City of Center City only.
(Ord. 2011-06-07A, passed 6-7-2011)

§ 228.03 CONDITIONAL USES.

   In addition to other uses specifically identified elsewhere in this title, the following are conditional uses allowed in the POS Public and Open Space District by the issuance of a conditional use permit based upon procedures set forth in and regulated by Chapter 196 (Conditional Use Permits) of this title.
   (A)   Automobile parking lots as a principal use provided that:
      (1)   The parking lot shall be subject to the requirements for commercial lots established by Chapter 210 (Off-Street Parking) of this title.
   (B)   Cemeteries.
   (C)   Commercial, private, and public satellite dish transmitting or receiving antennas in excess of 2 meters, amateur radio service antennas and towers, personal wireless service antennas, commercial and public radio and television transmitting antennas, public safety communication antennas, and public utility microwave antennas as regulated by Chapter 214 (Towers, Antennas, and Telecommunications Facilities) of this title.
   (D)   Daycare facilities as a principal or accessory use, except as otherwise allowed for by this title, provided that the use complies with the provisions of § 205.21 (Daycare Facilities) of this title.
   (E)   Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV, as regulated by § 205.05 (Essential Services) of this title.
   (F)   Governmental and public regulated utility buildings, public maintenance buildings, and structures necessary for the health, safety, and general welfare of the community; other than City of Center City.
   (G)   Hospitals and residential care facilities including extended care facilities for mentally handicapped, rest homes and care for the aged, ill, and infirmed.
   (H)   Planned unit developments as regulated by Chapter 217 (Planned Unit Developments) of this title.
   (I)   Preschool, elementary, middle, high schools, or colleges and other institutions of higher learning having a regular course of study accredited by the State of Minnesota.
   (J)   Public civic auditoriums, indoor recreation centers, arenas, or other facilities both City of Center City or other government unit with an event seating capacity of more than 300 persons, provided that:
      (1)   Access to the facility shall be provided only from a collector or arterial street at intersections compliant with the requirements of § 210.04(J) (General Provisions) of this title.
   (K)   Wind energy conversion systems (WECS), noncommercial, provided that:
      (1)   All requirements of § 215.02 (Wind Energy Conversion Systems “WECS”) of this title are satisfied; and
      (2)   Noncommercial wind energy conversion systems are located on lots at least two and one-half acres in area.
(Ord. 2011-06-07A, passed 6-7-2011)

§ 228.04 INTERIM USES.

   In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this title, the following are interim uses allowed in the POS Public and Open Space District by the issuance of an interim use permit based upon procedures set forth in and regulated by Chapter 197 (Interim Use Permits) of this title.
   (A)   Residential shelters as regulated by § 205.20(C) (Specialized Housing) of this title, public and semi-public only.
   (B)   Temporary classroom type structure for use by public or private institutions.
   (C)   Temporary mobile towers as regulated by Chapter 214 (Towers, Antennas, and Telecommunications Facilities) of this title.
   (D)   Community solar energy systems as regulated by § 215.03 (Solar Energy Systems (SES)) of this title.
(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2015-11-4A, passed 11-4-2015)

§ 228.05 PERMITTED ACCESSORY USES.

   In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in the POS Public and Open Space District.
   (A)   Accessory or secondary use antennas as regulated by Chapter 214 (Towers, Antennas, and Telecommunication Facilities) of this title.
   (B)   Accessory uses and buildings incidental and customary to uses allowed as permitted, conditional, interim and administrative permits in this chapter.
   (C)   Fences as regulated by Chapter 213 (Fencing, Screening, and Landscaping) of this title.
   (D)   Ground source heat pump systems as regulated by § 215.04 (Ground Source Heat Pump Systems) of this title.
   (E)   Off-street parking and off-street loading as regulated by Chapter 210 (Off-Street Parking) and Chapter 211 (Off-Street Loading) both of this title, but not including semitrailer trucks, except in designated loading areas not to exceed 2 hours.
   (F)   Outdoor storage as regulated by § 205.13 (Outdoor Storage and Refuse) of this title.
   (G)   Signs as regulated by Chapter 207 (Signs) of this title.
   (H)   Roof or building mounted and ground mounted solar energy systems as regulated by § 215.03 (Solar Energy Systems (SES)) of this title.
(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2015-11-4A, passed 11-4-2015)

§ 228.06 USES BY ADMINISTRATIVE PERMIT.

   In addition to other uses specifically identified elsewhere in this title, the following are uses allowed in the POS Public and Open Space District by the issuance of an administrative permit based upon procedures set forth in and regulated by Chapter 198 (Administrative Permits and Approval) of this title.
   (A)   Essential services, except transmission pipelines and transmission or substation lines, in excess of 33kV and up to 100kV, as regulated by § 205.05 (Essential Services) of this title.
   (B)   Temporary structures as regulated by § 205.17 (Temporary Structures) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)

§ 228.07 DESIGN STANDARDS.

   The architectural appearance and functional design of the building and site shall maintain a high standard of architectural and aesthetic compatibility with surrounding uses so as to positively reflect desired community character. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious, exterior finish materials and treatment.
(Ord. 2011-06-07A, passed 6-7-2011)

§ 228.08 LOT REQUIREMENTS AND SETBACKS.

   The following minimum requirements shall be observed in the POS Public and Open Space District subject to additional requirements, exceptions, and modifications set forth in this title. All requirements and setbacks are to be construed as indicating the minimum footages permitted unless otherwise specified.
   (A)   Lot area.
      (1)   Parks, playgrounds, play fields, trails, public gardens, and open space. None.
      (2)   All other uses. 20,000 square feet.
   (B)   Lot width.
      (1)   Parks, playgrounds, play fields, trails, public gardens and open space. None.
      (2)   All other uses. 100 feet.
   (C)   Lot depth.
      (1)   Parks, playgrounds, play fields, trails, public gardens, and open space. None.
      (2)   All other uses. 100 feet.
   (D)   Front yard setback. 30 feet.
   (E)   Rear yard setback.
      (1)   Parks, playgrounds, play fields, trails, public gardens, and open space. 10 feet.
      (2)   All other uses and buildings. 30 feet.
   (F)   Side yard setback. 10 feet.
   (G)   Side yard setback corner lot. 30 feet.
   (H)   Residential district setback.
      (1)   Parks, playgrounds, play fields, trails, public gardens, and open space. 30 feet.
      (2)   All other uses and buildings. 40 feet
   (I)   Maximum impervious surface coverage.
      (1)   Parks, playgrounds, play fields, trails, public gardens, and open space. None
      2)   All other uses. 75%.
   (J)   Maximum height. None.
(Ord. 2011-06-07A, passed 6-7-2011)