A.   Purpose. Within the districts established by this Chapter or amendments that may later be adopted, there may exist lots, structures and uses of land, which were lawful before this Title was passed or amended, but which would be prohibited, regulated or restricted under the terms of the current Zoning Code or future amendments. It is the intent of this Chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this Chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

   B.   Any nonconforming use or structure within the City shall be governed by Minnesota Statutes Section 462.357, subdivision 1e.

   A.   Exceptions. The following shall not be considered encroachments on setback requirements in all zoning districts.

      1.   Principal building cornices, canopies, eaves, gutters, and other similar features, provided they project not more than thirty inches (30"). In no event shall such features be closer than twenty-four inches (24") from any lot line;

      2.   Principal building chimneys, flues, vents, and other similar features, provided they project not more than twenty-four inches (24") and are no more than five feet (5') in width. In no event shall such features be closer than thirty inches (30") from any lot line;

      3.   Principal building window wells and bay windows, provided they project not more than thirty-six inches (36"). In no event shall they be closer than twenty-four inches (24") from any lot line;

      4.   In front yards, principal building entry vestibules that extend a distance of six feet (6') or less, provided such vestibule is not more than eight feet (8') in width or more than one (1) story in height;

      5.   In front yards, principal building balconies that extend a distance of four feet (4') or less, provided they are seven feet (7') or more above grade at the front building line;

      6.   In front and rear yards, landings, steps, uncovered porches, and other similar features attached to the principal building that extend a distance of seven feet (7') or less provided the landing or uncovered porch is no more than thirty inches (30") off the ground; a railing enclosure no more than three feet (3') in height may be placed around such landing or uncovered porch, unless prior approval for a greater height is granted by the City Staff;

      7.   In side yards, principal building steps, stoops, handicap access ramps, and other similar features that extend a distance of three feet (3') or less. In no event shall they be closer than two feet (2') from a side lot line.

   B.   No encroachment shall be permitted in existing or required drainage and utility easements, unless approved by the City Engineer.(amd. Ord. 1081, 5-1-2024)

   A.   Scope. The requirements and regulations specified in this Title shall be subject to the provisions of this Section.

   B.   Increases in height limits:

      1.   Height limitations set forth elsewhere in this Title shall be increased up to fifty percent (50%) when applied to the following structures:

         a.   Church spires.

         b.   Belfries.

         c.   Cupolas and domes which do not contain usable space.

         d.   Monuments.

         e.   Flagpoles.

         f.   Smokestacks.

         g.   Parapet walls extending not more than three feet (3') above the limiting height of the building.

         h.   Elevator penthouses.

      2.   Height limitations set forth elsewhere in this Title shall be increased up to seventy-five percent (75%) when applied to the following structures:

         a.   Water towers.

         b.   Fire and hose towers.

         c.   Cooling towers.

   A.   Purpose. The regulation of off-street parking spaces is intended to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking of motor vehicles in accordance with the use intensity of the various parcels of land or structures.

   B.   Application. The regulations and requirements set forth in this Section shall apply in all zoning districts.

   C.   General parking requirements.

      1.   The term “floor area” is used to calculate the number of off-street parking spaces. It is the sum of the gross horizontal areas of all floors of a building or portion thereof devoted to a particular use, however, the “floor area” shall not include floor area other than area devoted to retailing activities, the production or processing of goods, warehousing, and business or professional offices. Only the principal structure floor area contributes to parking requirements.

      2.   Snow storage area(s) shall be provided so that the number of parking spaces is not reduced below the minimum required. The City may initiate proceedings to require that snow be hauled off the site if parking and circulation problems related to inadequate snow-removal occur.

      3.   Proof of parking. The City may also consider a proof of parking when a business can demonstrate a proposed use will not require the minimum number of spaces as stated in this Section. When parking is reduced, the City may require that area to be reserved in open space for future parking needs.

   D.   Use of parking facilities.

      1.   No Class I commercial vehicles shall be allowed to park in a residential district except while making a pickup or delivery or performing a service.

         a.   Conditional use permit. One (1) Class I commercial vehicle may be permitted to park on a residential lot with a conditional use permit in compliance with the following conditions:

            (1)   The Class I commercial vehicle shall be kept within the principal building, or an accessory building, at all times when not in use.

            (2)   The hours of operation of the vehicle shall not adversely affect adjoining property.

            (3)   The lot shall be five (5) acres or more in size.

      2.   Class II commercial vehicles. Residential lots are permitted one (1) Class II commercial vehicle per dwelling unit.

      3.   No auxiliary motors or engines on any commercial vehicle shall be allowed to operate in residential districts unless making a pick-up, delivery or performing a service.

      4.   School buses designed to carry individuals may be parked in a residential district during school hours only.

      5.   This Section does not apply to agricultural equipment being used for agricultural purposes.

   E.   Location of parking facilities. Required off street parking must be on the same lot as is the principal building and must meet the following setback requirements.

      1.   Corner lots. May not be located within any yard area abutting a street on a corner lot.

      2.   Single family lots. Must comply with minimum setback requirements for accessory structures.

         a.   On corner lots the driveway must be setback a minimum of 10 feet from the side yard property line.

      3.   Access drives, drive aisles, and parking spaces for religious institutions, schools, public parking lots, parks, and municipal facilities must be set back thirty feet (30') from the front, side, and rear property lines.

         a.   Exception. Where a joint driveway or access point serving more than one (1) property will provide better and safer traffic circulation.

      4.   Within all business zoning districts, off street parking spaces, drive aisles and/or garages shall be located in areas other than a required yard.

         a.   Exception. Parking may be located in a rear yard to within ten feet (10') of the rear or side lot line and in the front yard within twenty feet (20') of front yard lot line or adjacent to a public right-of-way or residential district.

      5.   Within all industrial zoning districts, off street parking spaces, drive aisles, and truck staging areas must at least twenty feet (20') from any street right of way line, and at least ten feet (10') from any interior side or rear lot line.

         a.   Exception. When a side or rear lot line abuts a residential district, off street parking must be at least one hundred feet (100') from such lot lines.

   F.   Off site parking facilities. When required accessory off street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority for using such property for off street parking shall be filed with the City, so as to maintain the required number of off-street parking spaces during the existence of such principal use. No such parking facility shall, at its closest point, be located more than one hundred feet (100') from the premises nor more than four hundred feet (400') from the principal use or building served.

   G.   Use of parking area for use other than parking. Required off street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for lease, rent or sale.

   H.   Design and maintenance of off-street parking areas.

      1.   General Requirements. Access and parking areas shall be designed so as to provide an adequate means of access to a public alley or street. Such driveway access shall not exceed the driveway dimensions of this Code and shall be so limited so as to cause the least interference with the traffic movement.

         a.   Except for single-family, two-family, and townhouse dwellings, head in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. All parking spaces shall have access from driveways and not directly on a public street.

      2.   Parking Spaces Striped. All parking spaces shall be striped with suitable paint in accordance with approved plans, except for single-family residences.

      3.   Calculating Space. When the determination of the number of required off street parking spaces results in a fraction, each fraction up to and including one-half (1/2) shall be disregarded; fractions over one-half (1/2) shall count as one (1) additional space.

      4.   Surfacing. All parking areas and driveways in the front and side yards accessing a public right of way of property in the MUSA must be paved with asphalt, paver bricks, or concrete.

         a.   All parking surfaces in front of the principal structure and in side yards accessing a public right of way must be in conformance with this code and must not exceed forty percent (40%) of the required yard area. A maximum width of two feet (2') of landscape rock or similar landscaping material may additionally be permitted to border such parking or driveway area. The parking or driveway surface may not encroach on any drainage and utility easement, except the drainage and utility easement running adjacent and parallel to the street the parking or driveway surface is accessing.

         b.   Any parking or driveway surface behind the principal structure must be one (1) of the following: concrete, asphalt, class V gravel (minimum six inches (6") compacted), landscape rock (minimum six inches (6") compacted), landscape paver blocks, or brick. All parking surfaces must be contained within a solid edging or other border. The setback for parking surfaces behind the front of the principal structure is the same as the setbacks for accessory structures in the zoning district. Such parking or driveway surface cannot encroach on any drainage and utility easements.

         c.   All development in non-MUSA areas must have an asphalt or concrete driveway between the roadway edge and the minimum front yard setback line. The City, at its discretion, can require the entire or a greater portion of the driveway to be paved if erosion or drainage problems are experienced on public or private land. This requirement applies to open sales lots in or out of the MUSA.

      5.   Curbing. All open off-street parking areas and loading areas designed to have head in parking along the perimeter of the off-street parking area or loading area shall provide a concrete curb or equivalent of adequate height approved by the City.

      6.   Drive-Up Facilities. Business establishments containing drive-up facilities, including restaurants and financial institutions, shall provide a motor vehicle stacking area for vehicles on the site. A minimum of six (6) vehicle spaces per lane shall be provided. The vehicle stacking area shall not extend beyond the street right of way line and shall be delineated in such a manner that vehicles waiting in line will not interfere with nor obstruct the primary driving, parking and pedestrian facilities on or off the site.

      7.   Bumper Overhang. The minimum parking space length may be decreased by up to two feet (2') for spaces which allow the bumper of the vehicle to project over the parking space without obstructing other parking spaces or vehicle circulation.

      8.   Turnarounds. All required parking spaces shall be accessed by adequate maneuvering space. All dead-end parking rows shall contain a turnaround area.

      9.   Parking Lot Design Standards. Parking areas shall be designed in conformance with the following:

 

   I.   Required Off-Street Parking. The following minimum areas shall be provided and maintained by ownership, easement or lease, for and during the life of the respective uses set forth below.

(amd. Ord. 1081, 5-1-2024; Ord. 1100, 4-16-2025)

   In all zoning districts, accessory structures shall be subject to the following performance standards.

   A.   Construction:

      1.   Structures are prohibited from being taller than the principal structure.

      2.   Building permits are required for all permanent accessory structures over two hundred (200) square feet in residential districts and one thousand (1,000) square feet in business and industrial districts.

      3.   Temporary accessory structures including tents that consist of metal or fiberglass poles, metal hoops and PVC, cotton or nylon fabric covering materials are prohibited except as permitted in conjunction with an approved conditional use, permitted camping area, or special event.

      4.   The exterior finishes of accessory structures sized less than two hundred (200) square feet shall be constructed of quality weather resistant materials.

   B.   Accessory Structures, Primary and Accessory Garages Exterior Material Standards:

 

 

   C.   Number and Size. The number and size of accessory structures or accessory garages are permitted on any lot shall be determined by the following table. On a residential lot, the primary garage, attached or detached up to one thousand two hundred (1,200) square feet, one (1) accessory structure up to two hundred (200) square feet, and swimming pools shall not count towards the number of accessory structures or total square footage calculations.

 

   D.   Setbacks. Setbacks for accessory structures, primary and accessory garages shall be determined by the following table. No structure of any kind shall be placed within twenty feet (20') of a public street right of way on a corner lot.

   E.   Height. Height of accessory structures, primary and accessory garages shall be determined by the following table.

 

   F.   Miscellaneous Requirements.

      1.   Accessory structures and accessory garages greater than those permitted in subsections C and E of this Section may be approved by conditional use permit if the following standards are met:

         a.   There is adequate setback, screening, or topography changes that buffer the proposed structure from adjacent public roadways or adjacent properties.

         b.   The proposed building height or building square footage does not exceed the ordinance criteria by more than twenty percent (20%) within the metropolitan urban service area (MUSA) and forty percent (40%) outside the MUSA.

         c.   Setback distances are increased five feet (5') for each one foot (1') of height or one hundred (100) square feet of size increase or fraction thereof.

      2.   No accessory structures, primary or accessory garages shall be constructed on any lot prior to the time of construction of the principal structure, unless the building is accessory to the ongoing agricultural land use.

      3.   No tent, trailer, camper, motor home, storage container or accessory building shall at any time be used as a habitable building.

      4.   At-grade structures such as basketball courts, tennis courts, patios, tree houses, and dog kennels shall meet the established accessory structure setbacks for the appropriate districts. These structures are not included in the total allowable accessory structure square footage, as long as the total impervious surface of the lot does not exceed thirty-five percent (35%) of the rear area of the lot measured from the rear building line of the house to the rear lot line.

      5.   Swimming pools and surrounding apron/decks shall meet the established accessory structure setbacks for the appropriate districts. These structures are not included in the total allowable accessory structure square footage.

      6.   Temporary family healthcare dwellings are prohibited in all zoning districts.

      7.   Detached primary or accessory garages over 400 square feet may be located in the front yard between the dwelling and front property line on properties located adjacent to the Mississippi River or are impacted by bluffs within the Mississippi River Corridor Critical Area Overlay (MRCCA) provided all of the following are met:

         a.   Detached primary or accessory garages shall meet the underlying zoning district's development standards and shall not be located within the minimum front yard setback.

         b.   Exterior materials including color and roof material of detached garages and accessory structures shall match or complement the existing primary residential structure and shall conform to all other requirements of the underlying zoning district.

         c.   No other accessory structures are permitted in the front yard. (Ord. 1100, 4-16-2025)

   A.   General Requirements for All Types of Fences or Retaining Walls.

      1.   Fences are allowed in any zoning district, subject to the provisions of this Chapter.

      2.   All parts of a fence shall be on the property of the owner of the fence. The owner of a fence is responsible to verify the location of their property lines.

      3.   Every fence shall be constructed in a workmanlike manner and of substantial material reasonably suited to the purpose for which the fence is to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition which would constitute a public nuisance or a dangerous condition.

      4.   Fences shall not be permitted from the following materials: fabric, tarp, sheet metals, rebar, plastic slats for chain link, cardboard, pallets, sticks, plywood, and similar temporary type materials as determined by City Staff.

      5.   All chainlink fences must have a top rail, barbed ends must be placed at the bottom of the fence, and vertical posts must be spaced at intervals not to exceed ten feet (10').

      6.   No fences or walls shall be placed on or extend into public rights-of-way.

      7.   The finished side of any fence or wall must face abutting property or street rights of way.

      8.   No fence or wall shall obstruct a motorist’s or pedestrian’s safe view from the driveway or street as determined by the City.

      9.   All fences and retaining walls located within the Mississippi River Corridor Critical Area (MRCCA) shall comply with Title 11, Chapter 13.

   B.   Prohibited Fences in All Districts.

      1.   Electric fences are prohibited in all districts, unless the property is used to fence livestock and has a minimum of five (5) acres of land.

      2.   Barbed and razor wire fences.

      3.   Fences located in the clear view triangle: On corner lots in front or rear yard, no structure, fence or planting in excess of thirty inches (30") above the curb line or less than ten feet (10') above the curb line shall be permitted within a clear view triangle described as that area that begins at the intersection of the impacted property line and corner side property line and is measured back ten feet (10') along both property lines. Those points are then connected with a straight line. See diagram below.

   NOTE: Illustration is for illustrative purposes only and does not depict all situations which require compliance with the clear view triangle.

   C.   Fences or Retaining Walls in Residential Districts. All fences and retaining walls within residential districts must comply with the following.

      1.   No fence or wall shall exceed six feet (6') above grade level along rear and side property lines or four feet (4') above grade level in the front yard.

      2.   Fences within fifteen feet (15') of the front property line must be less than thirty inches (30") above grade level and at least fifty percent (50%) transparent.

   D.   Fences or Retaining Walls in Business or Industrial Districts. All fences and retaining walls within business and industrial districts must comply with the following.

      1.   Fences in business districts must not exceed eight feet (8') above grade level and are prohibited in the front yard. Fences in excess of eight feet (8') above grade level and not located in a front yard require a conditional use permit.

      2.   Fences in industrial districts must not exceed ten feet (10') above grade level and are prohibited in the front yard. Fences in excess of ten feet (10') above grade level and not located in a front yard require a conditional use permit.

      3.   Fences in business and industrial districts shall be high-quality vinyl-coated chain link (minimum nine (9) gauge thickness with a required top rail support), brick, stone, wrought iron, decorative metal or other such material as approved by City Staff.

   E.   Fences on Agricultural Property. All fences on agricultural use property must comply with the following.

      1.   Fences for agricultural uses must not be greater than eight feet (8') above grade level and may be located along all property boundary lines.

   F.   Retaining Walls.

      1.   Retaining wall materials shall be of industry accepted quality and standards so as to prevent unstable retaining walls.

      2.   Construction techniques shall be properly followed in order to prevent unstable retaining walls.

      3.   Retaining walls over four feet (4') in height must be designed by a registered architect or engineer and be reviewed and approved by the City Engineer.

      4.   Retaining walls over thirty inches (30") in height that are located in pedestrian traffic areas or within thirty-six inches (36") of a public way walk shall be completely fenced along the top edge with a permanent fencing material.

   A.   Purpose. The presence and accumulation of excessive amounts of material and equipment on real property creates unsightly conditions that may reduce the value of real property, create fire and safety hazards, promote blight and deterioration in the community, and attract rodents and other vermin. Therefore, accumulation and improper storage of personal property, material and equipment in violation of this Chapter is declared to constitute a public nuisance and may be abated as such, which remedy shall be in addition to any other remedy provided in City Code or by state law.

   B.   Agricultural Districts. Agricultural equipment and materials may be located on agricultural use property if they are used or usable and intended for use on the premises.

   C.   Residential Districts. All materials and equipment shall be stored within a building or be fully hidden with a solid fence or wall so as not to be visible from adjoining properties except for the following items which are in use, or usable, and in good condition and limited in quantities to that normally associated with residential use:

      1.   Clothesline pole and wires;

      2.   Swings, slides and other recreational play structures;

      3.   Outdoor furniture, lawn decorations, nonmotorized lawn and garden equipment, and outdoor cooking equipment;

      4.   Construction and landscaping material and equipment that are used or intended for use on the premises within a six (6) month period;

      5.   Off street parking or storage of vehicles and recreational vehicles as permitted by City Code.

      6.   Trash and garbage receptacles that comply with the standards set forth in City Code Section 11-3-8; or

      7.   Firewood stacks in any residential district that comply with the standards set forth in City Code Section 4-1-4.C.

      8.   Storage pods up to ninety (90) days on an improved surface.

   D.   Business Districts. No exterior storage allowed except as an interim use pursuant to Title 11, Chapter 8.

   E.   Industrial districts. All business, service, storage, merchandise, display, repair, waste disposal, and processing must be conducted wholly within a building, except for off street vehicular parking, and off-street loading and uses specifically listed as including outdoor storage. Outdoor storage is allowed pursuant to Title 11, Chapter 9. All outdoor storage areas must be completely screened from all public streets and adjacent properties. Such screening must include a combination of earth berms fences, walls, and/or landscaping.

   F.   No exception listed in this Section shall be construed to avoid other restrictions imposed by City Code or any conditions imposed on any conditional use permit.

   A.   Application. This Section applies to property in the business districts, industrial districts and residential properties with shared trash enclosures.

   B.   Closed Containers Required. All waste material, debris, refuse, or garbage shall be kept in an approved closed container designed for such purposes.

   C.   Specifications for Enclosure Structures: For all new construction or major alterations to existing structures, the following standards apply to the placement and construction specifications of trash enclosure structures:

      1.   The trash enclosure structure must be setback ten feet (10') from all property lines.

      2.   Such structure shall be situated on a poured in place concrete base, which shall be extended a minimum of six feet (6') beyond the door opening to the structure.

      3.   The walls shall be a minimum of six feet (6') in height and shall be a masonry material or composite fencing consistent with the principal structure. No roof is required.

      4.   The door opening shall a maintenance-free opaque material. Use of chain link with vinyl slats is not permitted.

      5.   The trash enclosure shall be consistent with materials found on the principal structure. (amd. Ord. 1081, 5-1-2024)

   A.   Screening Required.

      1.   Rooftop mechanical equipment as viewed from the centerline of all adjacent right of ways and from property lines of all adjacent residential properties must be screened by a raised parapet; or with comparable and compatible exterior building materials.

      2.   Standards for mechanical equipment screening:

         a.   Incidental rooftop equipment deemed unnecessary to be screened by City Staff must be of a color to match the roof or the sky, whichever is more effective.

         b.   Metal cabinets used to enclose and protect rooftop mechanical equipment must not substitute as screening.

      3.   All ground mounted mechanical equipment accessory to the principal structure thirty inches (30") or greater than twelve (12) cubic feet shall be screened from public views with landscaping, berming, or screen wall, except single dwelling unit and double dwelling unit buildings. (Ord. 1100, 4-16-2025)

   A.   In all districts, any lighting used to illuminate an off street parking area, sign, building, or yard shall be so arranged as to deflect light away from any adjoining residential zone or from the public streets and will be compatible with adjacent lighting in adjoining districts.

      1.   Reflected glare of spill light shall not exceed 0.5 foot-candle as measured on the property line when abutting any residential parcel.

      2.   Reflected glare of spill light shall not exceed one (1) foot-candle as measured on the property line when abutting any business or industrial parcel.

   B.   Streetlights installed in public rights of way shall be exempt from these standards.

   C.   Direct or sky reflected glare, whether from floodlights or from high temperature processes, such as combustion or welding, shall not be directed into any adjoining property.

   D.   Exterior lighting shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads. These measures shall include lenses, shields, louvers, prismatic control devices, and limitations on the height and type of fixtures. The City may also limit the hours of operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding neighborhood.

   E.   No flickering or flashing lights shall be permitted. Holiday lighting shall be exempt from this provision.

   A.   Process. Architectural plans shall be prepared by an architect or other qualified person and shall show the following:

      1.   Elevations of all sides of the building;

      2.   Type and color of exterior building materials and table with material percentage breakdown;

      3.   Typical floor plans;

      4.   Dimensions of all structures;

      5.   The location of trash containers and of exterior electrical, heating, ventilation, and air conditioning equipment (not necessary for single family buildings); and

      6.   Additional plans deemed necessary by the City Staff.

   B.   Building orientation. Buildings shall be oriented so that at least one (1) principal entrance faces the public street rather than the interior of the site.

   C.   Exterior materials. The main exterior wall surface of all buildings shall be constructed of wood, brick, stone, cement board planks, glass, architectural concrete textured surfaces or other materials of high quality as approved by City Staff. Unadorned pre-stressed concrete panels, standard concrete block and unfinished metal, except naturally weathering metals such as copper, shall not be permitted as exterior materials for buildings. This restriction shall apply to all principal structures and to all accessory buildings, including parking ramps, except those accessory buildings not visible from any exterior lot line. Exterior materials of structures are subject to the following:

      1.   Classes of materials. For the purpose of this subsection, materials are divided into Class 1, Class 2, Class 3, and Class 4 categories as described below.

         a.   Class 1:

            (1)   Fired clay face brick.

            (2)   Natural stone, synthetic-manufactured or cultured stone.

            (3)   Transparent glass, opaque or mirror window panels.

            (4)   Other comparable or superior materials as determined by the Community Development Director.

         b.   Class 2:

            (1)   Concrete brick.

            (2)   Masonry stucco/synthetic stucco.

            (3)   Specialty concrete block such as textured, burnished block or rock faced block.

            (4)   Tile.

         c.   Class 3:

            (1)   Architectural metal panels.

            (2)   Vinyl siding.

            (3)   Cement board or engineered wood siding.

            (4)   Architecturally finished precast concrete panels; grade A or B, but not grade C.

            (5)   Exterior finish insulation system (EFIS).

         d.   Class 4:

            (1)   Glass block.

            (2)   Smooth concrete block.

            (3)   Smooth scored concrete block.

            (4)   Steel or aluminum siding.

            (5)   Wood.

   D.   Architectural design/compatibility. The exterior architectural appearance of the proposed structure shall complement the existing structures and intended character of the immediate area, taking into consideration building materials, size, shape and heights.

   E.   Window treatment. The use of bars, chains or similar security devices that are visible from a public street or sidewalk are prohibited.

   F.   Equal façade treatment. “Three hundred sixty degree (360º) architecture” is required, meaning that facades must be designed to be viewed from all directions. At a minimum, the same window types and similar trim detailing must be used on all sides. This requirement shall not be applicable to walls or roof surfaces which are completely screened from view by other buildings.

   G.   Residential zoning districts.

      1.   Single family detached dwellings.

         a.   Width. The minimum width of the main portion of the structure shall be not less than twenty feet (20'), as measured across the narrowest portion.

         b.   Placement. Every dwelling shall be placed so that the apparent entrance or front of the home faces or parallels the principal street frontage, except where the lot size exceeds one (1) acre.

      2.   Multi-family attached dwellings.

         a.   Width. The minimum width of the main portion of the structure shall be not less than twenty feet (20') as measured across the narrowest portion in relation to townhomes, duplexes, and other housing products deemed similar by City Staff.

         b.   Placement. Every dwelling shall be placed so that the apparent entrance or front of the home faces or parallels the principal street frontage.

      3.   Apartments and nonresidential.

         a.   Materials. Residential buildings of more than six (6) units and nonresidential or mixed-use buildings must use at least three (3) different Class 1 materials and be composed of at least sixty-five percent (65%) Class 1 or 2 materials and not more than ten percent (10%) of Class 4 materials.

         b.   The following materials are not acceptable:

            (1)   Unadorned plain or painted concrete block;

            (2)   Tilt-up concrete panels;

            (3)   Synthetic stucco products; and

            (4)   Reflective glass.

         c.   All building facades visible from a public street or walkway shall employ material and design features similar to those of the front facade.

   H.   Business Districts.

      1.   Materials. Must use at least three (3) different Class 1 or 2 materials and be composed of at least sixty-five percent (65%) Class 1 materials and not more than ten percent (10%) of Class 4 materials.

      2.   Exception. The Planned Business District (PB) shall follow the architectural standards for industrial districts as defined in Section I below.

   I.   Industrial Districts.

      1.   Materials. Must use at least two (2) different Class 1 or 2 materials and be composed of at least sixty-five percent (65%) Class 1 or 2 materials and not more than ten percent (10%) of Class 4 materials.

      2.   For industrial zoned property only, grade A or B architecturally finished precast concrete panels are considered a Class 2 material. Grade C precast panels are prohibited.

      3.   In industrial districts no wall that faces a public right of way, park or a residential use or district, may have an uninterrupted length exceeding one hundred feet (100') without including at least two (2) of the following: change in plane, change in texture or masonry pattern, windows, or an equivalent element that subdivides the wall into human scale proportions. (amd. Ord. 1081, 5-1-2024; Ord. 1100, 4-16-2025)

   A.   Purpose and objective.

      1.   Purpose. Landscaping promotes immediate and long-term public health, safety, economic stability and general welfare of the City. Landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, protects against erosion and reduces air and noise pollution. Uniform standards of development and maintenance of landscaping are established to promote a reasonable balance between the right of individuals to develop and maintain their property in a manner they prefer, while creating pleasant, attractive and safe surroundings for the community.

      2.   Objective. Required landscaped areas serve the following objectives:

         a.   Protect against soil erosion.

         b.   Reduce hazards of flooding.

         c.   Absorb carbon dioxide and supply oxygen.

         d.   Reduce the effects of noise, glare, dust and other objectionable activities.

         e.   Safeguard and enhance property values.

         f.   Promote the pleasant appearance and character of neighborhoods and cities.

         g.   Shade of plants promotes cooling effects.

         h.   Facilitate the safe movement of traffic.

         i.   Promote quality development.

         j.   Promote orderly growth.

         k.   Provide buffering and screening between different intensities of land use.

         l.   Aid in water conservation and water quality protection by requiring the use of plant material native to this climate in landscaping and retention of existing natural vegetation thereby reducing the need for irrigation, pesticides, herbicides and fertilizers.

   B.   Minimum landscape requirements.

      1.   Locations. The following areas of a site are required to be kept as landscaped areas:

         a.   Parking lot.

            (1)   Perimeters. The area within fifteen feet (15') of a parking lot perimeter shall be landscaped with clustered landscaped materials.

            (2)   Interior. Parking lots with more than twenty-five (25) parking stalls shall contain interior landscaped islands or other landscaped traffic control or natural stormwater management features making up at least eight percent (8%) of the parking lot area in size, meeting the following specifications:

               (a)   Islands adjacent to single vehicle perpendicular parking rows must be a minimum of five feet (5') wide and sixteen feet (16') in length; islands adjacent to double vehicle perpendicular parking rows must be a minimum of five feet (5') wide and thirty-two feet (32') in length.

               (b)   Islands adjacent to single vehicle diagonal parking rows must be a minimum of eighty (80) square feet; islands adjacent to double vehicle diagonal parking rows must be a minimum of one hundred sixty (160) square feet.

               (c)   Islands must be defined by concrete curbing.

               (d)   In lieu of multiple small freestanding landscaped islands, internal landscape area requirements may be met by the placement of large linear landscaped areas that define traffic lanes and break up large hard surface expanses.

         b.   Building perimeters.

            (1)   The sides of a building that face a public street or parking lot shall be landscaped for a length equal to one-half (1/2) of the building dimension, with the landscaped region having an average depth of four feet (4').

            (2)   Existing buildings that have difficulty providing building perimeter landscape areas because of existing site conditions, may substitute alternative landscape area designs to satisfy the requirements of this Section.

         c.   Boulevards and right-of-way easements.

            (1)   Areas shall be sodded from the curb to the property line at the time of completion of the site landscaping.

            (2)   Plantings and locations of materials shall have the approval of the Public Works Director or designee prior to installation. All maintenance or replacement of landscape materials is the sole responsibility of the property owner.

            (3)   Areas in a dedicated public right-of- way or right-of-way easement are not included in the calculations of the total minimum required landscaping or open space of a site.

         d.   Storage, loading and mechanical areas of a building.

            (1)   Screening must be provided around exterior storage, exterior loading, service and mechanical areas to screen the uses from view by adjacent property or streets.

            (2)   Screening may consist of fences, walls, earth berms and landscape plantings. Fencing must be a City approved fence design.

            (3)   Walls must be compatible with the architectural treatment of the principal structure.

      2.   Groundcover. Commercial, industrial or residential sites. Back of curb to rear of lot line shall be sodded.

         a.   Exceptions.

            (1)   Properties within rural residential or agricultural zoning districts may be seeded.

            (2)   On sites of five (5) acres or more, the City Staff may approve plantings of native prairie grasses and wildflowers in front yards, or side and rear yards adjacent to a public roadway. A long-term maintenance strategy shall be provided for approval by City Staff.

   C.   Landscaping materials.

      1.   Materials. All landscaping in required landscaped areas shall be proportionately balanced with other features on the site and shall consist of a combination of three (3) or more of the following:

         a.   Sod;

         b.   Mulch;

         c.   Shrubs;

         d.   Coniferous trees;

         e.   Ornamental trees;

         f.   Overstory trees;

         g.   Decorative rock;

         h.   Decorative site amenities;

         i.   Any other decorative landscape treatment; and/or

         j.   Berms.

      2.   Size. The following table lists the minimum size requirements for landscaping vegetation:

 

   Caliper Measurements. Caliper measurements shall be taken six inches (6") above grade for trees under four inches (4") in diameter and twelve inches (12") above grade for trees larger than four inches (4").

      3.   Landscaping and installation standards.

         a.   Plant Materials. All plant material shall conform to and be installed in accordance with the most current edition of the American Standard for Nursery Stock as published by the American Association of Nurserymen, and professional horticultural standards as established by the most current edition of the Landscape Construction Reference Manual as published by the Minnesota Nursery and Landscape Association. All new trees shall be balled and burlapped for installation.

         b.   Species: No required overstory trees shall include the following species: any tree on the Minnesota Department of Natural Resources invasive species list, ash, elm, or box elder tree.

   D.   Residential developments. The minimum required tree and shrub requirements for all residential developments are as follows:

 

 

      1.   All non-residential uses in a Residential District shall meet the Business and Industrial Development landscaping standards in section 11-3-12 (F).

      2.   Front Yard Trees.

         a.   On lots less than sixty (60) feet wide the front yard tree shall have a maximum canopy spread of thirty (30) feet and maximum height of (30) feet.

         b.   Front yard trees shall be planted at least five (5) feet from the nearest public street pavement, curb, sidewalk, or trail.

      3.   Street trees.

         a.   Street trees may be planted in the street boulevard in a manner determined by the City Forester and in accordance with City Code Title 7-4-3. Trees planted in the boulevard do not count toward required yard trees.

         b.   The location, size and type or species of trees planted shall be of mixed varieties and shall be approved by the City Forester and shall include those with root structures unlikely to interfere with utility lines or sidewalks or otherwise cause nuisance or damage.

         c.   The minimum size of trees to be planted as street trees or right-of-way replacement trees shall be two and one-half inches (2 ½”) caliper.

         d.   The City Forester shall review and approve proposed street tree locations per the approved landscape plan.

         e.   On streets having sidewalks, street trees will generally be planted between the curb and the sidewalk.

      4.   Residential district landscape buffer along major roadways.

         a.   Purpose. The City recognizes the need to protect new and existing developments in R-2 through R-5 residentially zoned districts from the adverse impacts of being located adjacent to principal arterials, minor expander, major and minor collectors as defined in the City’s comprehensive plan (“Major Roadways”), including concerns for safety, noise, light, glare and emissions. In the interest of the health, safety, and welfare of residents, new developments adjacent to Major Roadways must provide for landscaping and screening lying outside and parallel to the road right-of-way.

         b.   Requirements. For all residential and nonresidential developments within the R-2 through R-5 residentially zoned districts include frontage along a Major Roadway, the landscape plan must provide an average of a fifty-foot (50') buffer, but not less than a thirty-foot (30') buffer, running parallel to the rear lot line for the purposes of creating a barrier to the Major Roadway. The buffer shall be a combination of trees, fences and shrubs that create a minimum of fifty percent (50%) year-round opacity at maturity.

         c.   Maintenance. The proposed developments shall also include a plan to protect and maintain the tree buffer. This could include a homeowners association or some other form of protection as approved by City Staff, which incorporates the buffer into rear yard landscaping.

   E.   Business and industrial developments.

      1.   Minimum vegetation requirements for open space: Each development must have at least the minimum percentage open space shown in the following table:

 

 

      2.   The open space areas must not be covered by a building or other impervious surface, and must be planted with trees, shrubs, flowers, native plant species or similar plantings and covered with sod, landscape rock or mulch. Areas used for demonstrated parking cannot be used to fulfill the open space requirement.

      3.   Tree and Shrub Calculations. The number of trees and shrubs required shall be calculated by multiplying the disturbed site area (area impacted by development including structures, grading, parking, and drive lanes) in square feet by the coefficients in the following table for each landscape material. Development on existing sites including additions and redevelopment shall be calculated using only the square footage of any newly disturbed areas:

 

 

   F.   Building Permits and Certificates of Occupancy.

      1.   Financial Guarantee and Warranty. For new construction in industrial, business and residential districts with common lot landscaping, no building permit shall be issued until the required landscaping plan has been submitted to and approved by City Staff, and a cash escrow, or irrevocable letter of credit from an approved banking institution, has been posted and approved by the City. The required financial guarantee shall be one hundred fifty percent (150%) of the cost of the landscaping project. Once the approved and required landscape has been installed, the City shall inspect to verify completion and reduce the financial guarantee by fifty percent (50%). The remaining financial guarantee shall be in effect for one (1) year from the date of verified installation to ensure the installation, survival and replacement of the landscaping improvements. The landscaping improvements must survive one (1) full growing season from the date of the installation, and any plantings that do not survive shall be replaced.

      2.   Installation of Landscaping. After an escrow or irrevocable letter of credit has been posted, the landscaping material required in the approved landscaping plan shall be installed within six (6) months after the date of posting the bond or irrevocable letter of credit. A 1-month extension of the planting period may be granted by City Staff upon a demonstration by the property owner or developer that such an extension is warranted because of adverse weather conditions or unavailability of required plant materials. No more than three (3) such one (1) month extensions may be granted. The City may draw upon any posted financial guarantee if the required landscaping improvements have not been installed by the specified completion time or any plantings that have not survived a period of one (1) year have not been replaced.

   G.   Irrigation. Irrigation shall be provided for all sodded and landscaped areas. Said irrigation shall consist of an underground sprinkling system that is designed by a professional irrigation installer to meet the water requirements of the site’s specific vegetation. The system shall be detailed on the landscape plan. Systems are permitted in the public right-of-way. The maintenance and repair of all private irrigation systems placed in public rights-of-way shall be the responsibility of the system owner. Irrigation systems that will interfere with any improvement projects in the public right-of-way shall, upon notification, be moved by the system owner at the system owner’s expense prior to the project commencement. Any additional improvement project costs incurred as a result of irrigation systems that are not removed after notification shall be the responsibility of the system owner. Irrigation systems shall be so designed and installed that they do not spray across public streets or sidewalks.

   H.   Public landscaping care. The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within any public right-of-way or public grounds as may be necessary to ensure the proper health of the vegetation or surrounding vegetation, the general public safety or to preserve or enhance the symmetry and beauty of such public ground.

   I.   Landscape plan submittal requirements.

      1.   Plan required. A detailed landscape plan prepared by a professional landscape company, an accredited landscape technician or a landscape architect registered by the state shall be submitted for review and approval by the planning division with any application for a building permit for a new structure, a site plan approval, or a subdivision approval. Each landscape plan shall reflect the purpose statement of this Section and shall be prepared to meet the objectives and requirements.

      2.   Design emphasis shall be placed on the following:

         a.   Screening parking view from public roadways and adjoining properties.

         b.   Enhancing driveway entrance areas.

         c.   Promoting the maintenance of vital sightlines of the principal use on the site.

         d.   Mitigating the visual impacts of large areas of impervious surfaces.

         e.   Maintaining efficient traffic and parking control.

         f.   Reducing the amount of uninterrupted blank walls.

         g.   Reducing the amount of contiguous hard surface areas at building entrances, along sidewalks and around other highly visible areas.

      3.   Plan drawings. At the time of application, all of the following information shall be indicated graphically and labeled clearly on a one (1) dimension scaled drawing electronic copy for all exhibits in the plan:

         a.   Property lines, easements, and other pertinent boundary information.

         b.   Adjacent and intersecting street rights-of-way, widths, and street names.

         c.   Existing and proposed structures, buildings, walks, drives, landscaping and parking areas (with number of spaces noted), and any other structures. Existing items shall be differentiated from proposed.

         d.   Existing and proposed utilities and utility easements.

         e.   Existing and proposed two (2) foot contour lines.

         f.   Corner visibility triangle areas.

         g.   Tree inventory and preservation plan.

         h.   Proposed plantings by location, scientific name, common name, quantity, caliper and planting method.

         i.   Total square footage of parcel, buildings, parking lot interior, driveways, sidewalks, and required landscaped areas.

         j.   Location, height and material of proposed screening, fencing and berms.

         k.   Title block containing the following: date, name of project, name, address and phone numbers of owner, and the identity of the party who prepared the plan.

         l.   Legal description.

         m.   North arrow.

         n.   Graphic scale of 1-inch equals forty feet (40') or larger.

         o.   Adjacent land uses.

         p.   Fringe information within a distance of one hundred fifty feet (150') from the project.

         q.   Vegetation management plan for areas planted with native prairie grasses and wildflowers.

         r.   Property identification number. (amd. Ord. 1081, 5-1-2024; Ord. 1100, 4-16-2025)

   A Site Plan Review is required if trees are being removed from the property, unless the removal meets an exception in City Code Section 11-3-13.E.

   A.   Purpose and objective.

      1.   Purpose. Trees and woodlands are considered a valuable asset to the City of Cottage Grove. The City places a priority on protecting this asset and finds that it is in the best interests of the public to regulate the development and alteration of wooded areas within the City. The City also finds that a certain amount of tree removal is an inevitable consequence of the development process and seeks to establish comprehensive standards related to reasonable tree removal and preservation.

      2.   Objective. In order to achieve a realistic balance between tree protection and development, the City has established standards that with compliance and enforcement will:

         a.   Protect, preserve and enhance the integrity of the natural environment;

         b.   Allow for orderly development within wooded areas;

         c.   Minimize tree and wildlife habitat loss and maintain wildlife corridors;

         d.   Protect privacy by maintaining buffers between land uses;

         e.   Increase and maintain property values;

         f.   Prevent and reduce soil erosion and sedimentation;

         g.   Promote sound stormwater management practices;

         h.   Improve air quality;

         i.   Reduce noise pollution; and

         j.   Enhance energy conservation through natural insulation and shading.

   B.   Definitions: The following words, terms and phrases when used in this Chapter shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning.

   ACTIVELY DEVELOPING SUBDIVISION: A residential subdivision that has an approved tree preservation plan, and vacant platted lots controlled by a development company that is actively promoting, selling, or building residential units.

   CONIFEROUS TREE: A wood plant which, at maturity, is at least twelve feet (12') or more in height, and which retains its green color year-round and does not drop its fronds or needles in the winter.

   CRITICAL ROOT ZONE: An imaginary circle surrounding the tree trunk with a radius of one foot (1') per one inch (1") of trunk diameter, such that, for example, a twenty-inch (20") diameter tree has a critical root zone with a radius of twenty feet (20').

   DBH: Diameter of a tree measured four and one-half feet (4 ½') above the ground.

   DRIP LINE: The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or the branches of the tree.

   HARDWOOD DECIDUOUS TREE: A tree of one (1) of the following species: ironwood, oak, maple (hard), walnut, hickory, birch, black cherry, hackberry, or locust.

   HEALTHY TREE: A healthy tree has:

      1.   A live top (live crown) that is greater than one-third (1/3) the total tree height,

      2.   Newly dead branches that make up less than fifteen percent (15%) of the total crown,

      3.   Less than fifteen percent (15%) of the tree crown with missing branches,

      4.   Foliage that is dense throughout the live portion of the crown,

      5.   A tree trunk with open wounds that are less than one-third (1/3) the diameter of the tree, no wounds in contact with the ground, and no wounds that have soft, punky wood or other indication of decay.

   LARGE WOODLAND TRACT: A wooded area greater than or equal to seven thousand five hundred (7,500) square feet of contiguous or nearly contiguous canopy cover.

   QUALIFYING TREE: A healthy tree meeting one (1) of the following definitions: a hardwood deciduous tree at least six inches (6") DBH, a softwood deciduous tree at least eight inches (8") DBH, or a coniferous tree at least ten feet (10') in height, but no trees consisting of the following species: any tree on the Minnesota Department of Natural Resources invasive species list, ash, or elm.

   SOFTWOOD DECIDUOUS TREE: A tree of one (1) of the following species: cottonwood, poplar, aspen, silver maple, basswood, or willow.

   C.   Prohibited tree removal. The removal of qualifying trees on any property by means of clear cutting or in a systematic removal method shall be prohibited, except in accordance with a City-approved tree preservation plan or agricultural management/harvest plan, or unless it is excepted pursuant to subsection E.

   D.   Allowable tree removal. The following table establishes the maximum percentage of existing qualifying inches on a project site that may be removed without mitigation. Mitigation according to the tree replacement schedule is required when removal surpasses this threshold.

 

 

      1.   The following types of trees do not need to be included as part of the total computation of tree removals:

         a.   Trees determined by the City or the project arborist to be dead, dying, diseased, or seriously hazardous;

         b.   Trees that were planted as part of a commercial business such as a tree farm or nursery. The applicant shall provide evidence to support the finding that the trees were planted as part of a commercial business.

   E.   Exceptions. Tree removal is allowed without preservation plan in the following circumstances:

      1.   The removal of individual qualifying trees on a developed single-family residential lot that is not in a pending or actively developing subdivision.

      2.   The removal of shrubs, brush, buckthorn, and nonqualifying trees by a property owner.

      3.   The removal of trees seriously damaged by storms, other catastrophic events or disease, as verified by the City Forester.

      4.   The removal of trees with potential to cause serious damage as determined by the City Forester.

      5.   The removal of twenty-five (25) or fewer qualifying trees annually associated with agricultural or commercial horticultural use. Properties in active agricultural production of trees/tree farms shall have an agricultural management/harvest plan filed with the City for planned tree removal in excess of twenty-five (25) qualifying trees annually that shall include the following:

         a.   Legal description of property.

         b.   Crop/tree identification.

         c.   Acres to be managed.

         d.   Soil erosion control measures.

         e.   Removal staging plan.

      6.   The removal of twenty-five (25) or fewer trees.

   F.   Tree preservation plan. The tree preservation plan shall include separate plan sheets with the following information:

      1.   Contact information of applicants, property owners, developer/builder, and signature of the person preparing the plan, the certification, and employer or firm.

      2.   Delineation of the existing buildings, structures, or impervious surfaces situated on the site.

      3.   Delineation of the proposed buildings, structures, grading or impervious surfaces planned on the site.

      4.   Delineation of all areas to be graded and limits of land disturbance.

      5.   Graphic identification of all existing qualifying trees.

      6.   Graphic identification of all qualifying trees proposed to be removed within the construction area.

      7.   Tree protection plan as described below.

      8.   A listing of the total diameter inches of existing qualifying trees on the site.

      9.   A listing of the total diameter inches of healthy qualifying trees proposed to be removed.

      10.   Calculation of replacement trees required per the mitigation requirements this Chapter.

         a.   Coniferous tree calculation. Every two feet (2') in height of a removed qualifying coniferous tree is equal to one (1) qualifying inch.

      11.   Tree inventory prepared by a certified arborist that meets the following requirements:

         a.   Table listing each qualifying tree on the site and specifying its identification number (linked to a metal field tag placed on the tree’s trunk five feet (5') from grade); species; size (dbh in inches for deciduous trees and height in feet for coniferous trees); classification as hardwood, softwood, or coniferous per the definitions of this Section; and whether the tree is to be preserved or removed.

         b.   Exception. For sites containing a large woodland tract within which no qualifying trees will be disturbed, an alternative inventory meeting the following requirements may be provided:

            (1)   Trees within undisturbed large woodland tracts are not required to be inventoried individually. Instead, the area of the undisturbed tract may be measured in square feet (on site or by means of an aerial photo) and divided by sixty (60) to produce a proxy that shall be counted as the number of inches the tract contributes to the total qualifying inches.

            (2)   All qualifying trees located on the site but outside of an undisturbed large woodland tract shall be inventoried as described in (1) above.

            (3)   The site’s total existing qualifying inches shall be the sum of the inches contributed by undisturbed large woodland tracts and by qualifying trees outside the tract.

   G.   Mitigation.

      1.   For any development or site in which the number of qualifying inches removed exceeds the permitted removal threshold, the applicant shall mitigate the tree loss in one (1) of the following ways.

         a.   Planting replacement trees in appropriate areas within the development in accordance with the tree replacement schedule; or

         b.   Paying to the City a cash mitigation fee, based on the diameter inches of required replacement in accordance with the tree replacement schedule. The cash fee in lieu of required replacement inches shall be in accordance with the individualized calculation for the development or site and described fully in a development agreement or improvement agreement; payment shall be deposited into the public landscaping initiative fund prior to tree removal activities.

      2.   Landscaping credit. Replacement trees planted in accordance with a tree preservation plan and related mitigation shall be credited against City landscaping requirements.

      3.   Tree Replacement Schedule:

         a.   Quantity: Qualifying tree inches removed beyond the permitted thresholds shall be replaced at a rate of fifty percent (50%), equaling one (1) replacement caliper inch for two (2) removed diameter inches.

         b.   Size: Deciduous trees planted in mitigation of excessive tree loss shall have a minimum caliper of two and one-half inches (2 1/2") and coniferous trees shall be a minimum of six feet (6') tall.

         c.   Species: Coniferous trees or hardwood deciduous trees as defined and described in Section B are the only tree species permitted to be used as replacement trees. One (1) new conifer six feet (6') in height shall be credited as contributing two (2) caliper inches to the total of required replacement inches. Where ten (10) or more replacement trees are required, not more than thirty-three percent (33%) of the replacement trees shall be of the same species of tree. Applicants are encouraged to plant trees indigenous to the area. In no case shall a tree of a species listed on the DNR invasive species list be planted as a replacement tree.

      4.   Example calculation:

 

 

 

 

   H.   Tree protection plan. The applicant shall implement the tree protection plan prior to and during any grading or construction activity. In addition, tree protection measures shall remain in place until all land disturbance and construction activity is terminated or until a request to remove the tree protection measures is made to, and approved by, the City.

      1.   The applicant will hire a project arborist that is a certified arborist or forester to assist with all facets of tree preservation on the site.

      2.   The applicant shall arrange for the City and project arborist to inspect the construction site prior to the beginning of grading to ensure that protective fencing and other protective measures are in place and installed correctly, if requested by the City. Minor encroachment, grading, trenching, filling, compaction, or change in soil chemistry may occur within the fenced areas protecting the critical root zone of the trees to be saved under the direct supervision of the project arborist.

      3.   Qualifying trees designated for preservation which are found to be diseased, or dying, or are not suited for location into the project may be removed without penalty based upon the written recommendation of the project arborist. Documentation of qualifying trees recommended for removal by project arborist must be provided to the City prior to removal of said trees.

      4.   If a qualifying tree that was intended to be preserved is removed without providing prior documentation to the City, the applicant shall mitigate the unplanned tree removal through replacement at a rate of one hundred percent (100%), that is, one (1) replacement caliper inch will be required for each one (1) diameter inch of a removed deciduous tree, and one (1) replacement foot shall be required for each one foot (1') of height of a removed coniferous tree. Alternatively, unplanned tree removal shall be mitigated by payment of a cash fee equivalent to the cost of the number of new trees this replacement rate would require, in accordance with the City Forester’s annual determination of the costs of new trees.

      5.   The City shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The City shall determine whether compliance with the tree protection plan has been met.

      6.   Required protective measures. The applicant shall complete all recommendations made by the project arborist, and shall implement the following measures to be utilized to protect qualifying trees:

         a.   No grade change, construction activity, or storage of materials shall occur within the drip line or critical root area of qualifying trees to be preserved.

         b.   Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints.

      7.   Warranty. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies, other than those damaged by storms or other acts of God, or diseased, unless caused by construction activity, within one (1) year after the date of project closure, shall be removed by the applicant and replaced with a new, healthy tree meeting the same minimum size requirements immediately after removal. The required landscaping letter of credit may be retained by the City and used to ensure the applicant conforms to this requirement.