Subd. 1.

Purpose. The guiding of urban development so as to develop a compatible relationship of uses depends upon certain standards being maintained. Uses permitted in the various districts, conditional and accessory uses shall conform to the following standards:

A.

Noise. Any use producing noise shall be in conformance with the minimum standards as adopted and enforced by the Minnesota Pollution Control Agency.

B.

Smoke and particulate matter. Any use established, enlarged, or remodeled after the effective date of this chapter shall be so operated as to meet the minimum requirements of the state pollution control agency regarding emission of smoke and particulate matter.

C.

Toxic or noxious matter. The discharge of toxic or noxious matter shall conform with the minimum standards as adopted by the Minnesota Pollution Control Agency.

D.

Odors. The discharge of odors shall conform with the air quality standards as adopted by the pollution control agency.

E.

Vibrations. Any use creating periodic earth shaking vibrations shall be in conformance with the minimum standards concerning vibration as adopted and enforced by the Minnesota Pollution Control Agency.

F.

Glare and heat. Any use producing heat or light transmission shall be in conformance with the minimum standards as adopted and enforced by the Minnesota Pollution Control Agency.

G.

Waste material. Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system, but shall be disposed of in a manner approved by the city engineer which is consistent with the policies and standards of the Minnesota Pollution Control Agency.

H.

Bulk storage (liquid). All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemical and similar liquids shall comply with the requirements of the state fire marshals and state department of agriculture offices and have documents from those offices stating the use is in compliance.

I.

Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the state pollution control agency.

J.

Electrical emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.

K.

Explosives. Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from a residentially zoned property.

Subd. 2.

Land reclamation and mining. Land reclamation and mining shall be permitted in all districts by conditional use permit and otherwise licensed or regulated by other Code provisions.

A.

The conditional use permit shall include, as a condition thereof, an approved finish grade plan that will not adversely affect the adjacent land.

B.

An approved program for regulating the type of fill permitted, for control of rodents, fire, vehicular ingress and egress, hours of operation, unstable slopes, material dispersed from wind or hauling of material to or from the site and general maintenance of the site.

Subd. 3.

Design and maintenance of off-street parking areas.

A.

Drainage. All parking lots, except those for less than four vehicles, shall be graded according to a drainage plan that has been approved by the city engineer. Catchbasins, sumps, and underground storm sewers may be required, and all such lots and driveways shall be surfaced with a material to control dust and drainage as approved by the city engineer.

B.

Lighting. Any lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic.

C.

All off-street parking areas shall be constructed with curbs or similar barriers to contain all vehicles.

D.

All off-street parking areas for four vehicles or more shall be constructed with concrete curbs.

E.

Where a parking lot for four or more vehicles is located adjacent to or across the street from a residential use, a solid screen shall be constructed and maintained of not less than three and one-half feet in height to capture the vehicle light beams and muffle the vehicle noise.

F.

Driveways may only exceed a grade of ten percent where approved by the city engineer. A level area shall be provided for an automobile in front of the garage on residential lots.

Subd. 4.

Off-site off-street parking and outdoor storage as conditional use.

A.

Scope of application. For purposes of this subdivision only, off-site off-street parking and off-site outdoor storage shall mean such activity as a principal use on a parcel of land which shall be deemed servient to a dominant parcel on which a principal use is located and served by the off-site off-street parking or off-site outdoor storage on the servient parcel. The council intends this provision to provide supplementary off-site off-street parking or off-site outdoor storage that which complements the existing off-street parking or outdoor storage on the dominant parcel. It is not the council's intention to allow off-site outdoor storage or off-street parking in greater amounts, greater number of spaces or greater area on the servient parcel than exists on the dominant parcel.

B.

Conditional use permit application. All applications for a conditional use permit for off-site off-street parking and off-site outdoor storage shall include a detailed, to-scale site plan specifying the dimensions, location, design and compliance with the performance standards set forth herein.

C.

Performance standards, termination and noncompliance.

1.

Standards. No off-street parking or outdoor storage, as described in subparagraph A, shall be permitted unless the following conditions are met, in addition to those standards set forth in section 11.40 subd. 4:

(a)

The dominant parcel, which shall be served by the off-street parking or outdoor storage on the servient parcel, cannot physically accommodate the parking or storage needs of the principal use on the dominant parcel.

(b)

The parcel on which the off-street parking or outdoor storage is located and the dominant parcel which the off-street parking or outdoor storage serves shall be within the same zoning districts, provided in R-4 districts the servient parcel shall be within a R-4 district, limited business LB, neighborhood business NB, general business GB, community shopping center CSC, limited industrial I-1, general industrial I-2, and research/development RD districts.

(c)

The servient parcel on which the off-street parking or outdoor storage area is located is a reasonable distance not to exceed 660 feet at the closest point from the lot line of the dominant lot to be served by the off-street parking or outdoor storage area.

(d)

The off-site off-street parking area shall meet the requirements for off-street parking set forth in this chapter.

(e)

The off-site outdoor storage area shall meet the requirements set forth in section 11.70, subd. 20, except those provisions governing building or height restrictions.

(f)

Off-site off-street parking and off-site outdoor storage on the servient parcel shall have fewer parking spaces, less area, and less outdoor storage area than the dominant parcel.

2.

Termination. Any conditional use permit issued under this subdivision or any right to obtain a conditional use permit under this subdivision shall terminate upon the development of the servient lot on which the off-street parking or outdoor storage area is located or upon the termination of the principal use located on the dominant parcel to which the off-street parking or outdoor storage area serves, whichever occurs first.

3.

Noncompliance. Failure to comply with any of the standards or conditions set forth herein or in the conditional use permit or any other violation of City Code provisions shall constitute sufficient cause for the termination of the conditional use permit by this council following a public hearing.

Subd. 5.

Minimum required off-street parking. The following minimum parking spaces shall be provided and maintained by ownership, easement or lease, for and during the life of the respective uses hereinafter set forth. Where a specific requirement is not stated, the council shall determine the adequacy of parking when approving a site plan.

Minimum number of off-street parking spaces required.

A.

Banks, savings and loans and financial institutions. At least one parking space for each 250 square feet of gross floor area plus five stacking spaces for each drive-through window.

B.

Bowling alley. At least five parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant.

C.

Church, club. At least one parking space for each three and one-half seats based on the design capacity of the main assembly hall.

D.

Convenience stores with and without motor fuel sales. At least one off-street parking space for each 200 square feet of floor area.

E.

Day care facility. Ten parking spaces, plus one space for each 500 square feet in the principal structure.

F.

Drive-in or drive-through food establishment. At least one space per 60 square feet of gross floor area.

G.

Hospital. At least one and one-half parking spaces for each patient bed.

H.

Manufacturing, industrial, fabricating or processing of a product. At least one parking space for each 500 square feet of manufacturing space and one space for each 250 square feet of office space.

I.

Medical or dental clinic. At least three parking spaces for each staff doctor practicing on the premises at any one time or one space for each 150 square feet of gross floor area, whichever is greater.

J.

Motel and hotel. At least one space for each dwelling unit or lodging room, plus one additional space for each eight units. Additional spaces shall be required for liquor or restaurant facilities.

K.

Motor vehicle service and repair. At least four off-street parking spaces plus two off-street parking spaces for each service stall.

L.

Multiple dwellings, including townhouses, apartments and condominiums.

1.

[Reserved].

2.

No detached garages shall be permitted. All garages shall be attached or underground.

3.

For each building at least one enclosed or underground garage space per unit and at least 0.5 outdoor parking space per unit shall be provided.

M.

Offices. At least one parking space for each 150 square feet of net leasable floor area.

N.

Restaurants, cafes, bars, taverns, nightclubs. At least one parking space for each three seats based on capacity design.

O.

Retail store. At least one off-street parking space for each 200 square feet of floor area up to a total floor area of 10,000 square feet. At least one off-street parking space for each 250 square feet of floor area between 10,001 and 30,000 square feet. At least one off-street parking space for each 300 square feet of floor area thereafter.

P.

Single-family dwelling. At least two enclosed parking spaces for each dwelling unit.

Q.

Special residential facility:

1.

Assisted living housing: At least one parking space for each unit of which 50 percent of all required parking spaces shall be enclosed or within an underground garage.

2.

Independent living housing: See multiple dwellings.

3.

Nursing home, convalescent home, sanitarium or other full care facility: At least one parking space for each six beds for which accommodations are offered, plus one additional parking space for each 15 beds.

4.

When a special residential facility provides full continuum of care housing units (i.e., independent living, assisted living, and full care units) in or as part of a single facility, one parking space per unit shall be provided of which 0.5 spaces per unit shall be provided in an enclosed or underground garage space.

R.

Theater. At least one parking space for each three seats.

S.

Two-family dwellings. At least two enclosed parking spaces for each dwelling unit.

T.

Warehousing, wholesaling, furniture stores, appliance stores. At least one parking space for each 400 square feet of gross floor area up to 6,000 square feet and one parking space for each 1,000 square feet of gross floor area over 6,000 square feet.

U.

Uses not listed. For those uses not specifically listed, the city shall determine an appropriate standard based on similar uses.

V.

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.

Subd. 6.

Joint parking facilities. In an effort to minimize the amount of hardcover and maximize real estate potential, the city may consider joint use of off-street parking areas. A conditional use permit shall be required for joint use parking areas and could allow a reduction of 30 of the required spaces. Required parking facilities serving two or more uses may be located on the same lot or in the same structure except in residential districts, provided that the total number of parking spaces so 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 utilized at the same time by two or more uses. Conditions required for joint use are:

A.

The proposed joint parking space is within 400 feet of the main entrance of the use it will serve;

B.

The applicant shall show that there is no substantial conflict in the principal hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed; and

C.

The conditional use permit shall be considered void or be revoked if there is a change of use that would cause similar hours of operation or peak demand periods.

D.

Any other conditional use permit criteria as contained in the Code.

Subd. 7.

Parking space design.

Subd. 8.

Parking lot setbacks.

Subd. 9.

Parking ramps. Parking ramps shall meet the setback requirements of the principal structure. The exterior materials and design shall be consistent with the principal structure and shall be located and oriented on the site in a manner that minimizes their impact on adjacent properties.

Subd. 10.

Residential driveways. The maximum width of a residential driveway at the right-of-way shall be 22 feet.

Subd. 11.

Off-street loading areas.

A.

All loading areas, including maneuvering area, shall be off-street and shall be located on the same lot as the building or use to be served.

B.

Loading areas shall not be permitted along the front side or within a front yard of a building.

C.

Where a loading area faces a public street, a minimum 40 foot wide landscaped yard, including berms, and vegetation shall be provided and maintained along said public street.

D.

Where a loading area is proposed within 300 feet of any residential district, a conditional use permit shall be required. In issuing said permit, the council shall find that said loading area shall be developed in a manner so as not to have a detrimental effect upon the adjoining residential area.

E.

Loading and delivery areas shall not interfere with employee or customer building entrances and/or site circulation.

F.

Loading dock doors, railings and other appurtenances shall be compatible with the overall color scheme of the principal structure.

G.

In BP zoning districts, loading docks and maneuvering areas shall be solidly screened from all streets and adjacent properties.

Subd. 12.

Landscaping.

A.

Findings, purpose and scope.

1.

The city council finds:

(a)

Trees produce oxygen, a necessary element for human survival;

(b)

Trees appreciably reduce the ever-increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air breathed;

(c)

Trees transpire considerable amounts of water each day, thereby purifying the air;

(d)

Trees participate in the natural process of neutralizing wastewater passing through the ground from the surface to groundwater tables and lower aquifers;

(e)

Trees, through their root systems, stabilize the groundwater tables and play an important and effective part in soil conservation, erosion control, and flood control;

(f)

Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and

(g)

Trees affect the desirability of land and its property values.

2.

Purpose. Based on the foregoing findings, the council declares that it is desirable and essential to the health, safety, and welfare of the city to protect certain existing trees and plant materials, to require new and additional plant materials and trees, to prohibit the planting of certain species and to require the maintenance of plant materials and trees as set forth in this subdivision.

3.

Scope. The provisions of this subdivision shall apply only to privately owned property, excluding any property within public rights-of-way which are regulated in chapter 7 of the Code.

B.

Landscape plan.

1.

Plan required. A landscape plan shall be approved by the city and implemented by the property owner:

(a)

For any new development or new building construction in any commercial, multiple residential (R-2, R-3 and R-4), industrial institutional zoning district, and planned development districts, except as otherwise provided by specific planned development agreements;

(b)

For any existing commercial, industrial or institutional building to be expanded by ten percent or greater square feet, where an approved landscape plan is not on file with the city; and

(c)

No building permit for any construction described in items (a) and (b) of this subparagraph shall be issued unless a landscape plan required hereunder is approved by the city.

(d)

The plan as required under item (b), above, may be implemented over a period of three years, and a performance guarantee shall not be required. However, if the plan is not fully implemented within three years, the city may complete the landscaping and, if necessary, attempt to recover its cost from the benefitted property for the improvement by billing or assessment, as appropriate.

2.

Landscape plan required. In every case where landscaping is required by provision of the Code or by an approval granted by the city, for a building or structure to be constructed on property, the applicant for the building permit shall submit a landscape plan prepared in accordance with the provisions of this subdivision. The landscape plan shall include the following information:

(a)

General. Name and address of developer, owner, and contact person; name and address of state-registered landscape architect, or state-certified nurseryperson; date of plan preparation; date and description of all revisions; name of project or development.

(b)

Site map. One scale drawing of the site based upon a survey of property lines with indication of scale and north point; name and alignment of proposed and existing adjacent on-site streets; location of all proposed and existing utility easements and rights-of-way; location of existing and proposed buildings; topographic contours using main sea level datum at two-foot contour intervals; existing and proposed location of parking areas; water bodies; proposed sidewalks and trails.

(c)

Landscape plan. Two scale drawings of proposed landscaping for the site based upon a survey of property lines with indication of scale and north point; existing and proposed topographic contours using mean sea level datum at two-foot intervals; details of proposed planting beds and foundation plantings; delineation of both sodded and seeded area; location and identification of proposed landscape or manmade materials used to provide screening from adjacent and neighboring properties; location and identification of trees; details of fences, tie walls, planting boxes, retaining walls, berms and other landscape improvements and details in legible scale; location of landscape islands and planter beds with identification of plant materials used.

(d)

Planting schedule. A table containing the common names and botanical names, size of plant materials, root specifications, quantities, and special planting instructions.

3.

Performance guarantee.

(a)

A performance guarantee shall be required to insure completion and maintenance of all landscaping in accordance with the approved landscape plan required hereunder.

(b)

The performance guarantee shall be approved in form as to security by the city.

(c)

The performance guarantee shall be in an amount duly adopted by resolution of the council.

(d)

The performance guarantee shall cover two full calendar years subsequent to the completion of the landscaping as provided in the approved landscape plan and shall be released only upon inspection and written notice of conformance by the city.

(e)

For any landscaping or screening that is unacceptable, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance.

C.

Landscape specifications.

1.

All landscape plans and landscaping under this subdivision shall follow and be in compliance with the following requirements, together with all other Code regulations:

(a)

Minimum size at time of planting.

(1)

Deciduous overstory plantings shall be a minimum of two and one-half caliper inches.

(2)

Deciduous understory trees shall be a minimum of one and one-half caliper inches.

(3)

Coniferous trees shall be a minimum of six feet in height.

(4)

Hedge and shrub materials shall be a minimum of three feet in height.

(b)

Minimum required plant material. The landscape plan and landscaping thereunder shall provide for plant material equal to three percent of the value of the building(s), not including the cost of land and site improvements. Credit may be given for existing plant materials, which will be preserved. The city may approve a landscape plan which does not meet this standard, where the intent and purpose of this subdivision is otherwise met.

(c)

Planting islands. Planting islands shall be required where necessary to visually break up expanses of hard-surface parking areas, to provide safe and efficient traffic movement, and to define rows of parking. Planting islands shall occupy at least five percent of the parking area. Planting islands shall not be required in parking areas with less than 50 parking spaces. Planting islands shall be edged with concrete curbs.

(d)

Method of installation. All deciduous and coniferous trees shall be planted in accordance with American Nurseryman's Standards.

(e)

Lawn maintenance and establishment. Lawn maintenance and establishment shall be required in accordance with chapter 10 of the Code.

(f)

Slopes and berms. Slopes and berms steeper than three feet horizontal to one foot vertical shall not be permitted unless specifically approved by the city. In areas where steeper slopes are allowed, there shall be special landscape treatment such as special seed mixtures, terracing, retaining walls, or fiber blankets.

(g)

Landscape maintenance. The property owner shall be responsible for the maintenance of all landscaped areas and the installation of healthy replacement plants for any plants that die or are removed due to disease. Maintenance shall include removal of litter, dead plant materials, unhealthy or diseased trees, and necessary pruning. Natural watercourses within a buffer shall be maintained as free flowing and free of debris.

(h)

Erosion control. All areas of any site shall be restored and maintained in accordance with the land disturbance erosion control regulations and any other provisions of the City Code.

(i)

Placement of plant materials. No plant materials shall be permitted within any utility easement or street right-of-way, except as otherwise permitted under chapter 7 of the Code.

(j)

Diseased and nuisance trees. Prior to grading, all diseased and nuisance trees on the subject property shall be identified by the city forester in accordance with chapter 10 of the Code. All diseased and nuisance trees so identified shall be removed from the property at the time of grading and prior to the commencement of building construction. Diseased and nuisance trees shall not count toward calculation of significant tree inventory.

(k)

Tree preservation. Tree preservation shall be required in accordance with the tree preservation regulations as adopted by the council.

(l)

Completion deadline. All plant materials required for screening purposes shall be planted to completion within six months from date of issuance of a building permit unless otherwise approved by the city due to the time of the year or construction for a large project. In no case shall the period exceed six months from issuance of the certificate of occupancy.

D.

Landscaping along freeway corridors.

1.

Purpose. The provisions in this subparagraph are adopted in order to preserve, protect and enhance existing landscapes and landscaping which were provided by the Minnesota Department of Transportation and is located along Interstate Highways 35E and 494 and T.H. 77 (Cedar Avenue).

2.

Visual penetration areas. The requirements herein shall apply to those areas along the freeway system in the city where the visual penetration of the motorist extends beyond the right-of-way boundary as identified in the comprehensive plan.

3.

Existing wooded lots. Existing wooded areas designated for residential development shall be preserved for a minimum of 50 feet adjacent and parallel to the freeway right-of-way. Beyond 50 feet, existing wooded areas shall be preserved, except that a maximum of 40 percent of the wooded area may be developed with an impervious surface provided all other applicable Code provisions pertaining to impervious surface, preservation of trees, vegetation and slopes are met.

4.

Screening visual penetration areas. Adjacent to the freeway right-of-way, a planting screen of a mixture of overstory and understory coniferous plant material shall be planted which shall provide a visual screen at time of maturity. This planting shall be provided within the minimum setback area required adjacent to freeway right-of-way.

E.

Irrigation system.

1.

System required.

(a)

All landscape plans and implementation thereof required by this subdivision shall include an underground irrigation system in all districts except agricultural, R-1 single-family residential, and public parks. Planned development districts shall also be subject to the requirement unless the development is single-family residential.

(b)

Exception. If the property area to be landscaped is very large or reserved for future expansion or is to be kept in a natural state, an underground irrigation system is not required.

2.

System specification. All irrigation systems shall be fully automatic programmable systems, capable of alternate date watering. Each system shall be capable of achieving one inch of precipitation per week under an alternate day watering regime. The system shall provide head to head coverage with uniform levels of total precipitation throughout all irrigated areas and shall provide full and equal coverage onto public rights-of-way to the back of curb. Systems which extend beyond private property onto public rights-of-way shall be subject to approval by the city under chapter 7 of the Code. The system shall meet state department of health standards and shall provide backflow preventers. All systems shall have a designated billing address.

F.

Screens and buffers.

1.

Definition and purpose. Screens and buffers are designated units of yard or open area where distance, planting, berming and fencing help minimize adverse impacts of public nuisances, such as: noise, glare, activity, or dust, which are oftentimes associated with parking, storage, signs or buildings.

2.

Screen and buffer requirements.

(a)

All parking, loading service, utility, and outdoor storage areas shall be screened and buffered from all public streets and adjacent differing land use by a combination of any of the following: berms, walls, fences, shrubs, deciduous overstory, understory or coniferous trees or hedge materials. The height and depth of the screening shall be consistent with the height and size of the area to be screened. When natural materials, such as trees or hedges, are used to meet the screening requirements of this item, density and species of planting shall be such as to achieve 75 percent opacity year round at maturity.

(b)

Exception to requirements. Screen and buffer requirements may be waived or modified by the city where the intent is otherwise satisfied by significant change in elevation, an existing screen, significant distance or similar circumstances.

(c)

Whenever an I-1, I-2, RD or BP district is across the street from property guided for residential or public facilities land uses, or directly abutting property guided PF (public facilities) a buffer yard/setback with a minimum depth of 50 feet shall be maintained adjacent to the street, to provide screening of all loading and outside storage areas. Screening may consist of landscaping, berms, fencing and walls, or any combination thereof, to provide a minimum height of six feet and a minimum 75 percent opacity at the time of installation.

(d)

Whenever an I-1 or I-2 district is directly abutting property guided for residential land uses, a buffer yard/setback with a minimum depth of 100 feet shall be maintained, to provide screening of all parking, loading and outside storage areas. Screening may consist of landscaping, berms, fencing and walls, or any combination thereof to provide a minimum height of six feet and a minimum 75 percent opacity at the time of installation.

(e)

Whenever an RD or BP district is directly abutting property guided for residential land uses, a buffer yard/setback with a minimum depth of 50 feet shall be maintained to provide screening of all loading and outside storage areas. Screening may consist of landscaping, berms, fencing and walls, or any combination thereof to provide a minimum height of six feet and a minimum 75 percent opacity at the time of installation.

(f)

In the RD and BP districts, a minimum three-foot high solid screen, consisting of plantings, berms, and/or decorative walls shall be provided within the required setback where off-street parking areas abut a public right-of-way or property with a different zoning or land use designation.

(g)

In the RD and BP districts, ground level view of all mechanical utilities shall be completely screened from contiguous properties and adjacent streets.

3.

Completion deadline. All plant materials required within a specified screen or buffer area shall be planted to completion within six months from date of issuance of a building permit unless otherwise approved by the city due to the time of the year or construction for a large project. In no case shall the period exceed six months from issuance of the certificate of occupancy.

4.

Responsibility for screen or buffer. The property owner of the heavier use district shall be responsible for the establishment of a buffer. An adjacent owner of the lighter use shall be required to provide plant material and other normal landscape features along the common lot line which will aid in the creation of the buffer.

G.

Trees on public property. Trees located within the public right-of-way (boulevard area) or public easement shall be planted and maintained in accordance with the provisions of chapter 7 of the Code.

H.

Prohibited tree species. It is unlawful to introduce any of the following prohibited species to any lot or land parcel where such trees are not naturally occurring or to plant upon public land or right-of-way:

1.

Ginkgo (female only)

2.

Box elder

3.

Non-disease-resistant elm species

4.

Nonhybrid cottonwood species

Subd. 13.

Tree preservation.

A.

Findings and purpose statement. The city council finds it is in the best interest of the city to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development and alteration of wooded areas. In the interest of achieving these objectives, the city has established the comprehensive tree preservation regulations herein to promote the furtherance of the following:

1.

Protection and preservation of the environment and natural beauty of the city;

2.

Assurance of orderly development within wooded areas to minimize tree and habitat loss;

3.

Evaluation of the impacts to trees and wooded areas resulting from development;

4.

Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal;

5.

Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clearcutting during development; and

6.

Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the community.

B.

Tree preservation plan.

1.

Scope of application. A tree preservation plan shall be submitted to and approved by the city and implemented in accordance therewith in connection with any of the following:

(a)

New development in any zoning district;

(b)

New building construction in any zoning district;

(c)

Expansion of any existing commercial, industrial or institutional building or impervious surface by ten percent or greater square feet, where an approved tree preservation plan is not on file with the city; and

(d)

Any project for which a city grading permit is required.

2.

Submission requirements. The tree preservation plan required hereunder shall be submitted with any preliminary subdivision plans as required by the subdivision regulations of this Code; incorporated as a part of any landscape plan as required by the zoning regulations of this Code; or incorporated as part of a grading plan and an application for any grading permit as required by this Code. All tree preservation plans must be certified by a forester or landscape architect retained by the applicant.

The proposed grading plan shall be submitted to the city at least five working days prior to the issuance of the grading permit to ensure compliance with the approved tree preservation plan. All sites shall be staked, as depicted in the approved grading plan, and the required tree protection fencing shall be installed before grading is to commence. The city shall inspect the construction site prior to the beginning of the grading to ensure that protective fencing and other protective measures are in place. No encroachment, grading, trenching, filling, compaction, or change in soil chemistry shall occur within the fenced areas protecting the critical root zone of the trees to be saved.

Applicants of single-family residential building permits are required to prepare an individual lot tree preservation plan when significant tree, specimen trees, and/or significant woodlands exist on site. Individual lot tree preservation plans are not required to be prepared by a forester or landscape architect.

3.

Plan requirements. All applicants shall submit a tree preservation plan prepared in accordance with the provisions of this subdivision. The tree preservation plan shall include the following information:

(a)

The name(s), telephone number(s), and address(es) of applicants, property owners, developers and/or builders;

(b)

Delineation of the buildings, structures, or impervious surfaces situated thereon or contemplated to be built thereon;

(c)

Delineation of all areas to be graded and limits of land disturbance;

(d)

Size, species, and location of all existing significant trees, specimen trees, and significant woodlands located within the area to be platted or within the parcel of record. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form;

(e)

Identification of all significant trees, specimen trees, and significant woodlands proposed to be removed within the construction area. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form;

(f)

Measures to protect significant trees, specimen trees, and significant woodlands;

(g)

Size, species, and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule; and

(h)

Signature of the person(s) preparing the plan.

4.

Mitigation.

(a)

In any development that the tree/woodland allowable removal limits are exceeded, the applicant shall mitigate the tree loss by either reforestation of (tree replacement) appropriate areas within the development area, in accordance with the tree replacement schedule, or payment to the city of the sum per diameter inch calculated from the total amount of diameter inches of the required replacement trees in accordance with the tree replacement schedule. The fee per diameter inch shall be set forth in the city fee schedule, and the payment thereon shall be deposited into an account designated specifically for tree mitigation.

(b)

The form of mitigation to be provided by the applicant shall be determined by the city.

(c)

The planting of trees for mitigation shall be in addition to any other landscape requirements of the city.

(d)

Significant tree replacements will be calculated by replacing the largest diameter tree first, proceeding down to the smallest diameter significant tree.

5.

Required protective measures. The tree preservation plan shall identify and require the following measures to be utilized to protect significant trees, specimen trees, and significant woodlands:

(a)

Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater, of significant trees, specimen trees, and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area.

(b)

Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant.

(c)

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

6.

Additional protective measures. The following tree protection measures are suggested to protect significant trees, specimen trees, and significant woodlands that are intended to be preserved according to the submitted tree preservation plan and may be required by the city:

(a)

Installation of retaining walls or tree wells to preserve trees.

(b)

Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation.

(c)

Use of tree root aeration, fertilization, and/or irrigation systems.

(d)

Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area.

(e)

Therapeutic pruning.

7.

Review process. The tree preservation plan shall be reviewed by the city to assess the best possible layout to preserve significant trees, specimen trees, and significant woodlands and to enhance the efforts to minimize damage to specimen trees, significant trees and significant woodlands. The applicant shall meet with city staff prior to submission of the development application or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage and other physical features, in order that the fewest significant trees, specimen trees, and significant woodlands are destroyed or damaged.

8.

Performance guarantee. Any applicant of a new development shall provide the required performance guarantee following preliminary approval of the tree preservation plan and prior to any construction and/or grading. The amount of the performance guarantee to be submitted, specific to the tree preservation fulfillments, shall be calculated as follows:

(a)

Unless the applicant provides tree mitigation in the form of cash dedication, 100 percent of the cost of completing tree replacement mitigation as determined by the city;

(b)

An amount to guarantee preservation of all trees, identified by the approved tree preservation plan to be preserved, within 15 feet of the construction zone (measured from the construction unit to the nearest side of the tree). The amount shall be calculated by multiplying the total diameter inches of significant trees and specimen trees to be preserved within this 15-feet zone and the total square feet of significant woodlands to be preserved within the 15-feet zone by the rates and in the amounts duly adopted by resolution of the council.

(c)

No performance guarantee shall be required for applicants of building permits of single-family residential units.

(d)

Following written request by the applicant for acceptance, the performance guarantee will be released upon verification by the city that the tree preservation plan was followed and that the tree replacement schedule was complied with where necessary, but in no event shall the performance guarantee be released earlier than one year after the date of the project closure.

9.

Removal of diseased trees required. Prior to any grading, all diseased, hazardous, and nuisance trees on the subject property shall be identified by the city forester or city tree inspector in accordance with the tree disease control and prevention regulations of the Code. Any and all diseased and nuisance trees so identified shall be removed from the property, at the time of grading, if so directed.

10.

Compliance with plan. The applicant shall implement the tree preservation plan prior to and during any construction. The tree protection measures shall remain in place until all grading and construction activity is terminated or until a request is made to and approved by the city forester.

(a)

No significant trees, specimen trees, or significant woodlands shall be removed until a tree preservation plan is approved and except in accordance with the approved tree preservation plan as approved by the city. If a significant tree(s), specimen tree(s) or any significant woodland that was intended to be preserved is removed without permission of the city forester or damaged so that it is in a state of decline within one year from date of project closure, a cash mitigation, calculated per diameter inch of the removed/destroyed tree or per total square foot of significant woodlands, in the amount set forth in the city fee schedule, shall be remitted to the city.

(b)

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 preservation plan has been met.

D.

Allowable tree removal.

1.

Tree removal allowance. Specimen tree, significant tree, and significant woodland removal shall be in accordance with the city-approved tree preservation plan and in no case shall the amount of removal exceed the following percentages:

(a)

Single lot development.

(1)

Single-unit residential, 20 percent.

(2)

Commercial and multiunit residential, 30 percent.

(b)

Multi-lot development.

(1)

Single-phase development process.

(aa)

Single unit residential, 40 percent.

(bb)

Commercial and multiunit residential, 47.5 percent.

(2)

Two-phase development.

(aa)

Initial site development, 25 percent.

(bb)

Individual lot development.

a.

Single unit residential, 20 percent.

b.

Commercial or multi-unit residential, 30 percent.

2.

Exception. When practical difficulties or practical hardships result from strict compliance with the provisions of this paragraph, the city may permit significant tree, specimen tree, and significant woodland removal in excess of the allowable limits. In the event such exception is granted, a reforestation plan or a cash mitigation will be implemented. The city shall determine which form of mitigation shall be utilized.

E.

Tree replacement.

1.

Schedule.

2.

Significant woodland replacement. Where replacement of a significant woodland is required, the applicant shall be responsible for furnishing and installing one category A replacement tree or two category B replacement trees or four category C replacement trees for every 500 square feet of significant woodland damaged or destroyed, or any increment thereof.

3.

Size of replacement trees.

(a)

Category A trees shall be no less than the following sizes:

1.

Deciduous trees, not less than four inches in diameter.

2.

Coniferous trees, not less than 12 feet in height.

(b)

Category B trees shall be no less than the following sizes:

1.

Deciduous trees, not less than two and one-half inches in diameter.

2.

Coniferous trees, not less than six feet in height.

(c)

Category C trees shall be no less than the following sizes:

1.

Deciduous trees, not less than one and one-half inches in diameter.

2.

Coniferous trees, not less than four feet in height.

4.

Species requirement. Where ten or more replacement trees are required, not more than 50 percent of the replacement trees shall be of the same species of tree without the approval of the city.

5.

Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within one 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 within eight months of removal.

Subd. 14.

Hours of operation. Hours of operation of any retail business, any restaurant or any motor fuel station shall be confined to the period between 7:00 a.m. and 1:00 a.m., except for those meeting the special use setback, as defined in this chapter, from any residential use and fronting on a major thoroughfare or commercial service road, unless otherwise specifically approved by the council.

Subd. 15.

Additional requirements, exceptions and modifications. The requirements and standards specified heretofore in this section shall be subject to the following:

A.

Height limitations. Height limitations as set forth in E and R districts elsewhere in this chapter may be increased by 50 percent when applied to: Antennas, radios, TV's, or flagpoles.

B.

Front yard variance. In any R district, wherever a platted block or otherwise subdivided area has dwellings located on 50 percent or more of the parcels located between two streets, the minimum required front yard setback line shall become the average setback established by the existing dwellings located in the block. This shall not supersede the requirements of section 11.60 of this Code where applicable.

C.

Parking of mobile homes. Mobile homes shall not be permitted to be located for storage or habitation in any zoning district, except in an approved mobile home park, without a special permit being issued by the council as regulated by chapter 4 in this Code.

Subd. 16.

Fences.

A.

Construction and maintenance.

1.

Every fence shall be maintained in accordance with the building and structure safety and appearance regulations in chapter 10 of this Code. No temporary fence, such as snow fence or an erosion control fence, shall be permitted on any property for a period in excess of 30 days unless otherwise approved by the city for good cause.

2.

Above-ground electric boundary fences shall only be permitted in the A district when the property is an active farm.

3.

The finished side of all fences shall face away from the fence owner's lot.

B.

Residential district fences. In all parts of the city zoned residential, boundary fences shall be subject to the following requirements:

1.

Fences on all corner lots erected within 30 feet of the intersecting curbline shall be subject to traffic visibility requirements set forth elsewhere in this Code.

2.

In side or rear yards, fences shall not exceed a maximum height of six feet.

3.

In front yards, fences shall not exceed 42 inches in height.

4.

Barbed wire fences shall be permitted only in non-residential zoning districts.

C.

Business and industrial fences. Property line fences within all business and industrial districts shall not exceed eight feet in height, except by conditional use permit

Subd. 17.

Coffee kiosks. Coffee kiosks shall be subject to the following standards:

A.

The activity shall be conducted within a free-standing building, no larger than 100 square feet in size.

B.

The use shall not result in the elimination of the minimum number of off-street parking spaces required for all uses on the parcel.

C.

Vehicular stacking lanes shall comply with the following:

1.

A minimum length of 150 feet shall be provided for a single stacking lane or 80 feet per lane when multiple lanes are provided.

2.

Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation.

3.

Stacking lanes shall be clearly identified through striping, landscaping, and/or signage.

D.

No alcoholic beverages shall be sold.

E.

Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the city.

F.

If the use of the building ceases for a period of six months, the conditional use permit shall lapse and the property owner shall remove the building and clean up the site.

G.

No on-site preparation of food shall be allowed.

Subd. 18.

Convenience store design. Convenience stores shall be subject to the following standards:

A.

The minimum required building setback shall relate to any canopy, weather protection, pump island or building.

B.

The sale or rent of motor vehicles, trailers, campers, boats and other items which are not kept entirely within the building shall be prohibited.

C.

A minimum 20 feet landscaped yard shall be provided along all abutting public right-of-way lines, except where approved driveways occur.

D.

No goods offered for sale on a motor fuel station site shall be stored, sold or displayed outside a building unless permitted otherwise pursuant to this section.

E.

All recyclables, trash and waste material shall be stored within the building or within a separate enclosure subject to design and cosmetic requirements set forth in this chapter.

F.

The outdoor lighting system shall be approved by the city and shall be so designed to prevent any undue light being directly visible from the public right-of-way or abutting lots, subject to lighting requirements as set forth in this chapter.

G.

Wherever a motor fuel station abuts an R district, a solid six-foot high screen (not less) shall be erected and maintained along the side and rear property line that abuts the R district.

H.

Access or egress curb cuts to a motor fuel station shall not be less than 50 feet from the curbline intersection on minor collector streets and 80 feet on major collector streets.

I.

Accessory car washes are subject to the following:

1.

Match the exterior material standards and design of the principal building.

2.

Stacking space shall be designed to accommodate six vehicles.

3.

Stacking space shall not interfere with on-site circulation or parking and loading areas.

4.

Provisions shall be made to control and reduce noise of car wash operations and vacuums.

5.

Vacuum locations shall not interfere with car wash stacking.

6.

The regulations for commercial car washes in this chapter shall be met.

Subd. 19.

Commercial Car Washes.

A.

Entry and exit doors shall be closed during wash/dry cycles.

B.

Stacking spaces shall be provided and oriented to prevent traffic backup on adjacent streets.

C.

Parking and stacking spaces shall be screened from view of adjacent residential use areas.

D.

Vehicular access points shall be limited to prevent traffic conflicts.

E.

Vacuums shall not interfere with stacking spaces and not be in a yard adjacent to a residential use area.

F.

The entire area other than that occupied by structure or landscaping shall be a concrete or paved surface.

G.

Lighting shall have no direct source visible from the public right-of-way or adjacent land.

H.

Screening shall be provided as specified in this Code.

Subd. 20.

Municipal utilities for residential development. In all R-2, R-3, and R-4, districts, municipal water and sewer facilities shall be available and installed prior to completion of any structures and use of any structure or dwelling units thereon.

Subd. 21.

Design and construction requirements for multiple family, office, commercial, industrial, and public and institutional developments. The following provisions shall apply to any new building construction in Residential Double, Townhouse and Multiple (R-2, R-3, R-4), Limited Business (LB), Neighborhood Business (NB), General Business (GB), Community Shopping Center (CSC), Limited Industrial (I-1), General Industrial (I-2), Research and Development Park (RD) and Business Park (BP) zoning districts:

A.

General building design requirements.

1.

Design supervision by architect. Architects shall be required for the construction of all buildings. The building plan, including site plan for such a building, shall be certified by an architect, registered by the state, stating that he has personally viewed the site and has designed the building to fit the site as planned and to be harmonious with the adjacent buildings, topography and natural surroundings and in accordance with the purposes and objectives of this chapter. This requirement shall not prohibit the preparation of the site plan or the landscape plan by a professional landscape architect.

2.

Exterior vertical surface design. All exterior vertical surfaces shall have an equally attractive or the same finish.

3.

Any building facade exceeding 40 feet (80 feet in I-1/I-2) in width shall be designed with multiple planes, multiple sections of coordinating materials, or both, to add visual interest every 40 (80) feet.

4.

The ground level of any three-story or taller structure shall be visually distinct from the upper stories.

B.

Specific building design requirements.

1.

Storage space in multiple dwellings. A minimum of 150 cubic feet of storage shall be provided within the multiple-dwelling building for each dwelling unit, exclusive of storage space provided within each dwelling unit. In townhouse units only, this storage space may be provided in a garage serving the unit.

2.

Canopies and awnings. The design of canopies shall be in keeping with the overall building design in terms of location, size (scale), and form.

3.

Exterior building surface materials.

a.

Policy statement. Exterior building materials shall be attractive in appearance, durable and compatible with adjacent structures and consistent with the city's standards for the district in which it is located.

b.

The intent of this section is to provide a strong, dominant architectural theme through the use of a combination of appropriate, durable, non-degradable, and low maintenance materials.

c.

Requirements.

i.

Exterior surface materials of a newly constructed building shall be subject to the following requirements:

A.

Classes of materials. Exterior building materials shall be divided into Class I, Class II, Class III, Class IV and Class V categories as follows:

Class I

•

Clay-based masonry units; brick (integrally colored)

•

Natural stone

•

Glass/spandrel glass

•

Other comparable or superior materials (as approved by the city council)

Class II

•

Specialty concrete block such as textured, burnished block or rock faced block

•

Masonry stucco

•

Manufactured stone provided it replicates the appearance of natural stone, not concrete block

•

Insulated metal panel systems

•

Other comparable or superior materials (as approved by city council)

Class III

•

Exterior Insulation and Finish Systems (EIFS)

•

Architecturally precast textured concrete panels

•

Glass block

•

Ornamental metal as an accent to the building

•

Cement-based and architectural products (e.g. Quik-Brik and HardieBoard)

•

Other comparable or superior materials (as approved by city council)

Class IV

•

Smooth concrete block

•

Smooth scored concrete block

•

Smooth concrete tip up panels

•

Ceramic

•

Wood

•

Other comparable or superior materials (as approved by city council)

Class V

•

Steel, sheet or corrugated aluminum, or iron provided it is coated or anodized with a non-reflective, glare-free finish)

•

Any other material not within the standards set forth in paragraph b.i.

B.

New constructed buildings shall incorporate the classes of materials as follows:

(1)

Buildings within LB, NB, CSC, RD and BP zoning districts shall use at least two Class I materials and the building must be finished with at least 65 percent Class I materials, not more than 35 percent Class II or Class III materials, and not more than ten percent Class IV materials.

(2)

Buildings within GB, I-1 and I-2, zoning districts and located 800 feet or less from a county, state or federal right-of-way shall use at least two different Class I or Class II materials and the building must be finished with: at least 65 percent Class I materials or 65 percent combination of Class I and II materials provided not less than 35 percent is Class I materials; not more than 35 percent of Class III and Class IV materials; in no case shall Class IV materials exceed ten percent.

(3)

Buildings within I-1, I-2 or GB zoning districts and located more than 800 feet from a county, state or federal right-of-way shall comply with the following:

a.

Such buildings shall utilize at least 75 percent Class I, Class II or Class III materials. Buildings shall be constructed of a vertical finish made of noncombustible, non-degradable, and low maintenance construction material.

b.

No more than 25 percent of the finish of the exterior, exposed walls of any newly constructed building may be finished with Class IV and V materials.

d.

Expansion or enlargement of metal-sided buildings.

i.

In the event any building, which is an existing, nonconforming metal-sided building under this subdivision on the effective date of this ordinance [from which this section is derived], is enlarged or expanded and the expansion is less than 10,000 square feet and 50 percent in size by total square feet of the existing, nonconforming metal building, the expansion structure need not comply with the provisions of this subdivision, but any exterior, exposed side or surface of the expansion structure shall be constructed of identical material and color to the existing, nonconforming building. In the event the expansion or enlargement is at least 10,000 square feet or 50 percent in size by total square feet of the existing, nonconforming metal building, whichever is greater, the provisions governing nonconforming structures or uses in this chapter shall govern.

ii.

For purpose of this subsection, the total square feet of the existing nonconforming building shall be determined as the total size of the existing building as existed on June 1, 1995. The total square feet or percentage of any and all expansions to an existing nonconforming building as of June 1, 1995, shall be aggregated for purposes of calculating the size or percentage of the total expansion to the original building existing on June 1, 1995.

C.

Expansion or enlargement of other nonconforming buildings. In the event any existing, nonconforming building, which is constructed of material other than metal, is enlarged or expanded, and the expansion is less than 10,000 square feet and 50 percent in size by total square feet of the existing nonconforming building, the expansion structure to the existing, nonconforming structure shall be constructed of compatible material and color to the existing, nonconforming structure.

D.

Site design and development requirements. All multi-family, commercial and industrial uses shall be designed and developed in accordance with the following:

1.

Landscaping. All yards shall be landscaped or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs, etc. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition. Yards adjoining any residential district shall be landscaped with buffer planting, if this is not provided in the natural state. Plans of such screens shall be submitted for approval as part of a site plan and installed prior to the issuance of a certificate of occupancy for any land in the district. In the event this requirement cannot be met because of climate, a bond shall be required to insure compliance within a reasonable time. The design shall make use of all land contained in the site. All of the site plan shall be related to the multiple use, i.e., either parking, circulation, recreation, landscaping, screening, building, storage, etc.

2.

Drainage. The drainage of stormwaters shall be provided for either on the site or in a public storm sewer.

3.

Curbs. Interior curbs shall be constructed within the property to separate driving and parking surfaces from landscaped areas. Interior curbs required by this section shall be concrete construction.

4.

Walkways. Surfaced walkways shall be provided from parking areas, loading zones and recreation areas to the entrances of buildings.

5.

Surfacing. All interior driveways, parking areas, loading areas, etc., shall be of blacktop or concrete construction.

6.

Burying utilities. All utilities, including electrical and telephone lines, shall be buried in all new subdivisions as required by chapter 13 of the Code, unless otherwise approved by the council.

7.

Enclosure of trash and recyclables containers. All trash and recyclables containers stored outside in the R-4, LB, NB, GB, CSC, RD, I-1, I-2, PF and BP zoning districts shall be stored within an enclosure subject to the following standards:

a.

The enclosure shall have an impermeable floor surface.

b.

The enclosure shall be attached to the principal building in the limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC), and research and development (RD) zoning districts.

c.

The enclosure may be detached from the principal building in the residential multiple (R-4), limited industrial (I-1), general industrial (I-2), business park (BP) and public facility (PF) zoning districts.

d.

The enclosure shall satisfy principal structures setbacks required for the applicable zoning district.

e.

The enclosure shall be constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity.

f.

The enclosure shall be of sufficient size to enclose all trash and recyclables containers and shall be not less than six feet and not more than ten feet in height.

g.

The above provisions apply in addition to the provisions of chapter 10 of this Code which regulate the storage, deposit, and disposal of refuse on all properties.

8.

Lighting. On-site lighting shall be provided as is necessary for security, safety and traffic circulation. Such illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property.

9.

Natural features. The site shall show due regard for all natural terrain features, such as trees, watercourses, historic areas or similar conditions.

10.

Public safety. All site and building plans for multiple dwellings shall be reviewed by the fire and police departments. Plans shall be reviewed for fire warning and protection systems, public safety, vehicular access and concerns related to public safety.

11.

Multiple-family dwelling complexes. Multiple-family dwelling complexes shall have a minimum recreation area equal to 200 square feet for each dwelling unit containing two or fewer bedrooms and 100 additional square feet for each dwelling unit containing more than two bedrooms. Said recreation area shall be a minimum of 100 feet from any ponding area.

12.

Screening of mechanical equipment.

a.

Purpose. The intent of this section is to promote consistent and high standards of design and construction for the commercial, industrial, and public uses in the city. These standards are set forth in order to enhance the visual appearance of the commercial, industrial, and public areas within the city by ensuring the high quality of development, redevelopment and compatibility with evolving architectural or planning themes that contribute to a community image of quality.

b.

General requirements. The following requirements apply to all building and ground mounted mechanical equipment:

(i)

All mechanical equipment shall be designed and located so as not to disrupt or detract from the visual theme and appearance of the subject building.

(ii)

All mechanical equipment, whether located on a roof, side of a structure, or on the ground, shall be entirely screened from public view and from the ground level of any adjacent property or street that is of equal grade with the subject building.

(iii)

Prior to any building construction or the issuance of a building or mechanical permit, all mechanical equipment and proposed screening shall be depicted on the building's site plan and/or building elevation drawings.

(iv)

Screening and finishes shall be kept in a state of good repair and condition.

(v)

All building mounted mechanical equipment on new buildings or newly located equipment on existing buildings shall be set back from the edge of the roof a minimum of 20 feet.

(vi)

All existing mechanical equipment shall be identified on a proposed site plan.

c.

Requirements for new constructions or major remodels. The following additional requirements shall apply to mechanical equipment installed with any new construction, or major remodel of existing structure:

(i)

Where 50 percent or more of a building's long side or front façade area, whichever is longest, is resurfaced with new exterior materials; or 50 percent or more linear feet of the roofline is altered; or the roofline of any end cap of a multi-tenant commercial building is altered, the following requirements shall apply:

1.

A parapet wall at least 30 inches in height as measured from the roof line shall be constructed on the perimeter of the roof.

2.

A physical screen shall be used in combination with the parapet wall if all of the mechanical equipment cannot be fully screened by a parapet design.

(ii)

When 45 percent or more of the existing exterior mechanical equipment serving any structure is replaced at one time, a parapet wall or physical screen shall be used to fully screen all new and existing mechanical equipment.

(iii)

When circumstances exist for a new construction of major remodel that trigger both of the requirements of this subsection, the requirements set forth above which will most completely screen the mechanical equipment shall apply.

d.

Requirements for replacement and retrofit of equipment. When the existing mechanical equipment is replaced or new equipment is installed and associated with improvements or retrofits, the new or replaced mechanical unit associated with an existing principal structure that is not fully screened from public view may be painted as an alternative to screening to meet the intent of this ordinance. Painting of mechanical units shall meet the following requirements:

(i)

Paint color shall be earth tone and compatible with existing trim or siding color on principal structure.

(ii)

Paint color shall be consistent with other painted equipment complying with the requirements and intent of this section.

(iii)

Paint shall be durable and applied with an even and professional appearance.

e.

Physical screening requirements. For purposes of this section, a physical screen shall be defined as a separate screening structure that surrounds a mechanical unit(s) and screens it from public view. When physical screening is required, the following shall apply:

(i)

The physical screen shall be visually integrated with the principal structure in terms of materials, color, shape and size. Where individual tenant equipment is provided, a continuous screen is required.

(ii)

Screening material consisting of wood is not integrated architecturally with the building, unless the building's exterior surface material consists of 75 percent or more of wood.

(iii)

All screening material shall be at least as tall as the mechanical equipment itself and extend down to top of curb, unless a sight line analysis is provided that shows compliance with this section.

f.

Ground mounted mechanical equipment.

(i)

Ground mounted mechanical equipment shall be fully screened by either a masonry wall or opaque landscaping.

(ii)

All landscaping screens must consist of plant material that remains fully opaque year-round.

(iii)

Masonry walls shall be constructed of the same material and shall be the same color as the principal structure's building surface material.

g.

Exemptions. Notwithstanding any other provisions of this section, the following mechanical equipment is exempt from the provisions of this section.

(i)

All roof mounted mechanical equipment under eight inches in diameter.

(ii)

Certain painted or metallic finishes and unit shapes that are determined by the city to meet the intent and purpose of this chapter.

Subd. 22.

Outdoor display, outdoor storage, outdoor events—seasonal and temporary, cultural/entertainment events, and outdoor food sales.

A.

Restrictions. All outdoor storage, temporary outdoor events and seasonal outdoor events shall comply with this subdivision.

1.

No outdoor storage shall be permitted except in the general business (GB), community shopping center (CSC), limited industrial (I-1), and general industrial (I-2) districts, and upon the council's granting of a conditional use permit.

2.

No seasonal outdoor events or temporary outdoor events shall be permitted except in the public facility (PF), planned development (PD), limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC), limited industrial (I-1) districts. Temporary outdoor events may also be permitted in business park (BP), research and development (RD) and Cedar Grove (CG) districts. In no event shall seasonal outdoor events be permitted except upon the council's granting of a conditional use permit.

3.

No cultural/entertainment event or outdoor food sales shall be permitted except in the public facility (PF), planned development (PD), limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC), limited industrial (I-1), business park (BP), research and development (RD), and Cedar Grove (CG) districts. In no event shall a cultural/entertainment event or outdoor food sales be permitted except upon the city clerk granting of a permit as set forth herein.

B.

Conditional use permit application. All applications for a conditional use permit for outdoor storage shall include a detailed and scale site plan specifying the dimensions, location, material and design of the storage enclosure and area.

C.

Performance standards and noncompliance.

1.

Standards for outdoor display. Outdoor display of merchandise or goods offered for sale, rent or lease shall be permitted only in the neighborhood business (NB), general business (GB) and community shopping center (CSC) zoning districts, subject to the following requirements:

(a)

The display area shall not exceed 60 square feet.

(b)

The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance.

(c)

The display area shall not extend more than five feet out from the building and shall not exceed four feet in height.

(d)

The display area shall not take up required parking spaces or landscaping areas of the principal use.

(e)

The display items shall consist solely of products sold or distributed within the principal structure by the occupant thereof.

2.

Standards for outdoor storage. Outdoor storage permitted in accordance with subparagraph A shall conform to the following standards, in addition to those standards in connection with conditional use permit:

(a)

Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building.

(b)

The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks.

(c)

The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan.

(d)

The storage area shall not interfere with any pedestrian or vehicular movement.

(e)

The storage area shall not take up required parking spaces or landscaping areas.

(f)

The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration.

3.

Standards for temporary outdoor events and outdoor food sales. Temporary outdoor events and outdoor food sales shall be subject to the following standards:

(a)

Adequate off-street parking shall be provided ensuring that no obstruction or interference occurs with existing traffic patterns.

(b)

No portion of the sale or event shall take place within any public right-of-way. A minimum of ten feet setback shall be maintained from all property lines and no portion of the use shall take place within 100 feet of any property line of any residential use or residential zoned property.

(c)

The site shall be kept in a neat and orderly manner and the display of items shall not cover more than five percent of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities.

(d)

All signs for the event shall comply with City Code sign regulations.

(e)

Tents and temporary membrane structures having an area in excess of 400 square feet and canopies in excess of 400 square feet shall be subject to a building permit.

(f)

The owner and/or operator of the sale or event shall have the written permission of the fee owner of the property on which the sale or event is located to use the specific site.

(g)

Hours of operation shall be subject to this chapter's regulations governing hours of operation for commercial business.

(h)

No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner.

(i)

The owner and/or operator of the sale or event shall obtain a permit for the outdoor use of electronic sound system or audio equipment in accordance with chapter 10 of this Code if the use of such equipment will occur after 10:00 p.m.

(j)

Temporary outdoor events on a property shall be restricted in duration and occurrence as follows: (1) ten days or less; (2) not more than once per 30-day-period; and (3) no more than three temporary events per year or a combination of 20 days total in a calendar year.

(k)

Outdoor food sales on a property shall be restricted in duration and occurrence as follows: (1) up to 90 days per each issued permit; and (2) no more than four permits per calendar year.

4.

Standards for seasonal outdoor events. Seasonal outdoor events permitted in accordance with subparagraph (A) shall conform to the following standards, in addition to those standards in connection with conditional use permit:

(a)

The seasonal outdoor event shall meet the minimum requirements for temporary outdoor events set forth in this chapter.

(b)

The event area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city.

(c)

The event area shall not encroach into any required front building setback area or other required setbacks.

(d)

The event area shall be screened from view from adjacent residential uses and residential zoned property.

(e)

The event area shall not interfere with any pedestrian or vehicular movement.

(f)

The event area shall not take up required parking spaces or landscaping areas of the principal use.

(g)

The event area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration.

(h)

Seasonal outdoor events on a property shall be restricted in duration and occurrence as follows: (1) not more than 90 consecutive days per year; and (2) one seasonal outdoor event per calendar year.

5.

Standards for cultural/entertainment events. Cultural/entertainment event permitted in accordance with subparagraph (A) shall conform to the following standards, subject to the issuance of a permit by the city clerk:

(a)

A site plan showing off-street parking and traffic circulation must be approved by the chief of police and director of public works.

(b)

No activity of the event shall take place within any public right-of-way unless a special event permit pursuant to chapter 7 has been issued. A minimum of ten feet setback shall be maintained from all property lines except 100 feet setback shall be maintained from any property line of any residential use or residential zoned property.

(c)

All signs for the event shall comply with City Code sign regulations.

(d)

Tents and temporary membrane structures having an area in excess of 400 square feet and canopies in excess of 400 square feet shall be subject to a building permit.

(e)

The owner and/or operator of the event shall have the written permission of the fee owner of the property on which the event is located.

(f)

Hours of operation shall be subject to this chapter's regulations governing hours of operation for commercial business.

(g)

No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner.

(h)

Any outdoor use of electronic sound system or audio equipment after 10:00 p.m. shall be in accordance with a permit issued under chapter 10 of this Code.

(i)

Cultural/entertainment event on a property shall be restricted in duration and occurrence as follows: (1) not more than three consecutive days per event; and (2) no more than six events per calendar year.

D.

Exemptions. Notwithstanding any other provisions of this section, the occupant of a property zoned for commercial or industrial uses may store up to three passenger motor vehicles on the property, provided the vehicle(s) is (1) owned or leased by the occupant; (2) the vehicle is regularly used in connection with and as an integral component of the operation of the principal use on the property; (3) is not larger than the footprint of a standard passenger vehicle parking stall; and (4) parked and stored in a designated parking spaces as approved by the city. In no case shall the number of permitted stored vehicles under this paragraph exceed three for any given parcel of record.

This exemption does not permit the outdoor storage of equipment, trailers, recreational vehicles, recreational camping vehicles, motorcycles or other similar vehicles, semi-tractors, or vehicles for sale.

Subd. 23.

Home occupations. Home occupations shall be subject to the following requirements:

A.

The occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes and shall not change the character thereof.

B.

No more than three persons shall be engaged in the home occupation, one of whom resides outside of the dwelling.

C.

No home occupation activity shall be allowed within a detached or attached accessory building or garage.

D.

Evidence of the home occupation shall not be visible from the street.

E.

No signs shall be present other than those permitted in R zoning districts.

F.

No home occupation shall involve over-the-counter sales.

G.

Entrance to the home occupation shall be gained from within the principal structure.

H.

The home occupation shall not utilize more than three off-street parking spaces for the occupant and visitors.

Subd. 24.

Garage sales. Garage sales are allowed in all residential zoning districts with the following restrictions:

A.

There shall not be more than three sales events in each calendar year per dwelling unit.

B.

Sale events are limited to any consecutive 72-hour period.

C.

Garage sale signs must comply with the sign ordinance.

D.

Garage sale signs may be erected on private properties other than the property where the sale is conducted provided permission from the private property owner is obtained. Signs shall be removed at termination of the sale.

Subd. 25.

Manufactured home park developments. Manufactured/mobile homes shall be developed under the requirements of chapter 4 of this Code.

Subd. 26.

Antennae, satellite dishes, wind energy conversion systems and towers.

A.

Purpose. The regulations and requirements of this subdivision are intended to:

1.

Provide for the appropriate location and development of antennae, satellite dishes, towers, and wind energy conversion systems which are often needed to serve the residents and businesses within the city;

2.

Minimize adverse visual affects of antennae, satellite dishes, wind energy conversion systems and towers through careful design, siting, and screening;

3.

Prevent damage to adjacent properties from the collapse or destruction of antennae, satellite dishes, wind energy conversion systems and towers;

4.

Maximize the use of existing tower or structures in order to limit the number of freestanding towers; and

5.

Provide restrictions and regulations that do not conflict with any federal statute or FCC rule or regulation.

B.

Building mounted antennae and satellite dishes. Building mounted antennae and satellite dishes shall be permitted in all zoning districts of the city, subject to the following requirements:

1.

The height of any building mounted antenna or satellite dish, including its support structure, shall not exceed 50 percent of the total building height or 15 feet above the highest point of the roof, whichever is less;

2.

Accessory equipment associated with a building mounted antenna or satellite dish shall be located within the building or within a roof or ground enclosure which is constructed of materials and color scheme compatible with the principal building;

3.

Building mounted satellite dishes located within any agricultural district (A), estate district (E), residential district (R-1, R-1S, R-2, R-3, and R-4), public facilities (PF) district, or planned development district, within the area designated solely for residential uses under a planned development agreement (PD) shall not be larger than one meter (39 inches) in diameter; and

4.

Building mounted satellite dishes and antennae located within any agricultural district (A); estate district (E); residential district (R-1, R-1S, R-2, R-3, and R-4); public facilities district (PF); or planned development district within the area designated solely for residential uses under a planned development agreement (PD) shall not be used for commercial purposes.

C.

Public utility tower mounted antennae. Public utility tower mounted antennae shall be a permitted use in all zoning districts of the city in which the public utility tower is located, subject to the following requirements:

1.

The height of any antennae mounted to a public utility tower shall not exceed 20 feet above the highest point of the public utility tower.

2.

Accessory equipment associated with the antennae shall be located within an enclosure which shall not be greater in area than 400 square feet and shall be designed and constructed of material and color scheme compatible with accessory structures on the surrounding properties.

3.

Notwithstanding any provision to the contrary in this subdivision, a freestanding tower for the purpose of elevating an antennae shall be a permitted use in all zoning districts of the city in which a public utility tower is located, as defined in this chapter, provided that it is located within the base area of the public utility tower and directly surrounded by the support structure of the public utility tower and meets all of the requirements in this subparagraph.

D.

Freestanding satellite dishes. Freestanding satellite dishes shall be permitted in all zoning districts, subject to the following requirements:

1.

Freestanding satellite dishes shall be located in the rear yard;

2.

Accessory equipment associated with a freestanding satellite dish shall be located within the principal building or within an enclosure which is constructed of materials and color scheme compatible with the principal building or within an equipment encasement not exceeding 10 feet (w) × 10 feet (l) × 5 feet (h) in size;

3.

Satellite dishes and any accessory equipment enclosures shall meet the setback requirements for accessory structures as set forth in this chapter of the Code;

4.

Satellite dishes and accessory equipment enclosures shall not be located within any utility or drainage easement; and

5.

Freestanding satellite dishes located within any agricultural district (A); estate district (E); residential district (R-1, R-1S, R-2, and R-3); or planned development district within the area designated solely for residential uses under a planned development agreement (PD) shall not be used for commercial purposes.

6.

Freestanding satellite dishes shall not exceed 15 feet in height.

E.

Freestanding towers and antennae.

1.

Freestanding towers and antennae in residential use districts. Freestanding towers and antennae shall be permitted as an accessory use only in agricultural districts (A); estate districts (E); residential districts (R-1, R-1S, R-2, R-3, and R-4); and planned development districts (PD) within the area which is designated solely for residential uses under a planned development agreement, subject to the following requirements:

(a)

The combined height of a freestanding tower and any antenna mounted thereto shall not exceed 60 feet, in height, measured from ground elevation of the tower to the highest point of the tower, including any antenna mounted thereto;

(b)

Permanent platforms or structures, exclusive of antennae, that increase off-site visibility are prohibited;

(c)

No more than one freestanding tower shall be permitted on any one residential lot;

(d)

All setback requirements for accessory structures, as set forth in this chapter, shall be met, provided the minimum setback distance from a residential structure shall be equal to the permissible height of the tower;

(e)

The tower shall be located in the rear yard;

(f)

The tower shall be self supporting through the use of a design that uses an open frame or monopole configuration;

(g)

No tower shall be used for commercial purposes.

2.

Freestanding towers and antennae in non-residential use districts. Notwithstanding paragraph (1) herein, freestanding towers and antennae shall be permitted pursuant to a conditional use permit approved by city council only in limited industrial districts (I-1); general industrial districts (I-2); park district (P); public facility districts (PF) and planned development districts within the area designated solely for industrial uses under a planned development agreement (PD), provided an antenna shall be a permitted use in a public facility (PF) provided the antenna is placed or mounted on a city water reservoir tank or tower. Freestanding towers and antennae permitted under this paragraph shall be subject to the following requirements:

(a)

The combined height of any freestanding tower and antennae or satellite dishes mounted thereto shall not exceed:

(i)

100 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination; or

(ii)

125 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to:

(A)

Accommodate the applicant's antennae and at least one additional comparable antennae for other communication providers;

(B)

Accept antennae mounted at varying heights; and

(C)

Allow the future rearrangement of antennae upon the tower.

(iii)

150 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to:

(A)

Accommodate the applicant's antennae and at least two additional comparable antennae for other communication providers.

(b)

All setback requirements for any accessory equipment building or structure shall be met as set forth in this chapter, provided the minimum setback distance of the tower from any property line of a parcel or lot within a residential use district shall be equal to two times the height of the tower or 300 feet, whichever is greater;

(c)

The tower shall be located in the rear yard;

(d)

The tower shall be self-supporting through the use of a design that uses an open-frame or monopole configuration;

(e)

Permanent platforms or structures, exclusive of the tower or antennae, that increase off-site visibility are prohibited;

(f)

Existing vegetation on the site shall be preserved to the greatest possible extent practical;

(g)

Accessory equipment associated with freestanding towers and antennae shall be located within an equipment building constructed of materials and color compatible with principal building and surrounding area or within an equipment encasement not exceeding 10 feet (w) by 10 feet (l) by five feet (h) in size.

(h)

The applicant shall provide a color manipulated "as built" photograph of the tower as proposed for the location.

(i)

No new tower shall be permitted unless the city council finds that the equipment planned for the proposed tower cannot be accommodated at any preferred co-location site. The city council may find that a preferred co-location site cannot accommodate the planned equipment for the following reasons:

(i)

The planned equipment would exceed the structural capacity of the preferred co-location site, and the preferred co-location site cannot be reinforced, modified, or replaced to accommodate the planned equipment or its equivalent at a reasonable cost, as certified by a qualified radio frequency engineer;

(ii)

The planned equipment would interfere significantly with the usability of existing or approved equipment at the preferred co-location site, and the interference cannot be prevented at a reasonable cost, as certified by a qualified radio frequency engineer;

(iii)

A preferred co-location site cannot accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified radio frequency engineer; or

(iv)

The applicant, after a good-faith effort, is unable to lease, purchase or otherwise obtain space for the planned equipment at a preferred co-location site.

F.

Wind energy conversion systems. Wind energy conversion systems shall be permitted only in agricultural districts (A); limited industrial districts (I-1); general industrial districts (I-2); public facility districts (PF) and planned development districts within the area designated solely for industrial uses under a planned development agreement (PD) pursuant to a conditional use permit approved by city council subject to the following requirements:

1.

The system shall not exceed a height of 100 feet;

2.

All setback requirements for accessory structures as set forth in this Code shall be met, provided the minimum setback distance from any residential structure shall be equal to two times the height of the main structure of the system;

3.

All systems shall have an automatic speed control device as part of the design;

4.

All systems shall comply with the Minnesota Pollution Control Agency's Noise Pollution Section (NPC 1 and NPC 2), as amended; and

5.

Any wind energy conversion system which utilizes a propeller shall have neither a blade rotation diameter of greater than 35 feet nor a blade arc less than 30 feet above the ground.

G.

General standards. All antennae, satellite dishes, towers, and wind energy conversion systems shall be subject to the following additional requirements:

1.

Location and color shall be in a manner to minimize off-site visibility to the greatest possible extent;

2.

Compliance with all applicable provisions of the Code, including the provisions of the state building code therein adopted, in addition to the requirements set out in this subdivision;

3.

No signs, other than for public safety warnings or equipment information, shall be affixed to any portion thereof;

4.

No artificial illumination, except when required by law or by a governmental agency to protect the public's health and safety, shall be utilized;

5.

The placement of transmitting, receiving and switching equipment shall be integrated within the site, being located within an existing structure whenever possible; any new accessory equipment structure shall be attached to the principal building, if possible, and constructed of materials and of a color scheme compatible with the principal structure and/or surrounding area or within an equipment encasement not exceeding 10 feet (w), by 10 feet (l), by five feet (h), in size;

6.

Accessory equipment or buildings shall be screened by suitable landscaping, as set forth in this chapter, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood;

7.

Building permits shall be required for the installation of building mounted satellite dishes in excess of five feet in diameter, towers, and wind energy conversion systems;

8.

Structural design, mounting and installation of a tower, antenna or satellite dish which requires a building permit shall be verified and approved by a qualified licensed engineer; and

9.

Towers, and any equipment attached thereto, shall be unclimbable by design for the first 12 feet or completely surrounded by a six feet high security fence with a lockable gate.

Subd. 26A.

Alternative energy systems.

A.

Purpose and intent: It is the city's desire to become a more sustainable community by encouraging alternative energy sources that conserve energy and result in less/no pollution output. It is in the city's and its residents' best interests to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. The following purposes of this Section will further the foregoing city objectives:

1.

To promote development and utilization of alternative energy sources subject to clear regulatory provisions for approving alternative energy systems while mitigating any negative impacts to neighboring properties.

2.

To create a livable community where development incorporates sustainable design elements, such as resource and energy conservation and use of renewable energy.

3.

To protect and enhance air quality and limit the effects of climate change through the decrease of the use of fossil fuels.

4.

To encourage alternative energy development in locations where the technology is viable and the environmental, economic and social impacts can be mitigated.

B.

Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this subdivision:

Alternative energy system: A ground source heat pump, wind energy conversion system or solar energy system.

Community solar garden: A photovoltaic system that provides retail electric power (or a financial proxy for retail power) to multiple community households or businesses located off-site from the location of the community solar garden, under the provisions of Minn. Stats. § 216B.1641 or successor statute.

Photovoltaic system: An active solar energy system that converts solar energy directly into electricity.

Solar collector: A device, structure or a part of a device or structure for which the primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or electrical energy as a component of a solar energy system.

Solar energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy system: A device or structural design feature of which the primary purpose is to provide for interior lighting or provide for the collection, storage and distribution of energy for space heating or cooling, electricity (generation), or water heating.

Solar energy system, active: A solar energy system of which primary purpose is to harvest energy by transferring collected solar energy into another form of energy or transferring heat from a solar collector to another medium using mechanical, electrical, or chemical means.

Solar energy system, building-integrated: A solar energy system that is an integral part of a principle or accessory building, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include, but are not limited to: photovoltaic or hot water solar energy systems that are contained within or substitute for roofing materials, windows, skylights, awnings and shade devices.

Solar energy system, grid-intertie: A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

Solar energy system, ground-mount: A solar energy system that is a freestanding system erected directly on the ground using a rack or pole structure.

Solar energy system, off-grid: A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

Solar energy system, passive: A solar energy system that utilizes building constituents such as walls, floors, roofs, windows, exterior building elements and landscaping that captures solar light or heat generated by the sun without transforming it to another form of energy or the use of mechanical and electrical equipment to enhance the conversion of solar energy to heat and electric power.

Solar energy system, roof-mounted: A solar energy system mounted directly to or abutting the roof of a building.

Solar farm: A commercial solar energy system facility that collects and converts sunlight into electricity, whether by photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion technology, for the principal purpose of wholesale sales of generated electricity.

Solar hot water system (also thermal system): A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.

C.

Solar energy systems: Solar energy systems shall be subject to the applicable regulations of the zoning district in which the system is located and the following requirements:

1.

Exemptions. Building integrated solar energy systems and passive solar energy systems are exempt from the requirements of this subdivision and shall be regulated as any other building element.

2.

Roof-mounted and ground-mounted solar energy systems. Roof-mounted and ground-mounted solar energy systems are deemed as a permitted accessory use in all districts, provided it meets all applicable zoning regulations for the district and the additional regulations set forth herein.

3.

Setbacks. A roof-mounted solar energy system shall comply with the setback requirements for mechanical equipment and shall be set back a minimum of one foot from the edge of the roof for residential structures and ten feet for commercial, industrial and institutional structures. A ground-mounted solar energy system shall comply with the accessory structure setback requirements for the applicable zoning district in which the system is located. A community solar garden or solar farm shall comply with the setback requirements of a principal structure in the applicable zoning district in which it is located.

4.

Height. A roof-mount solar energy system shall comply with the height requirements of the applicable zoning district. A roof-mounted solar energy system may be mounted at an angle to the roof to improve its efficiency; however, in any residential district and when installed on a residential structure, the highest point of any solar panel shall not be more than three feet, measured in a straight line, from the roof surface upon which the panel is mounted. A ground-mounted solar energy system shall not exceed 12 feet in height; however, the height may be increased up to an additional 15 feet if the system structure is set back from any property line an additional two feet for each one foot of height above 12 feet.

5.

Aesthetics. The color of the solar collector is not required to be consistent with other roofing materials. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare onto neighboring properties.

6.

Screening. Roof-mounted solar energy systems located in non-residential districts or on non-residential uses shall be screened in accordance with the screening requirements of this chapter to the extent the screening does not adversely impact the effectiveness of the solar energy system. For ground-mounted solar energy systems, community solar gardens or solar farms, landscaping shall be provided to soften the view from public rights-of-way and adjacent residential properties and ground cover under the system shall be a suitable low/no maintenance vegetation that is, if possible, attractive to pollinators.

7.

Surface coverage. A roof-mounted solar energy system shall not cover more than 80 percent of the south-facing roof surfaces or of an entire flat roof surface area. The surface area of ground-mount systems, together with all other structures, shall not exceed a maximum lot coverage of 30 percent for residential and 70 percent of commercial, industrial, and institutional zoning districts.

8.

Power lines. All power lines shall be placed underground within the boundaries of the property if the power lines serving the site are underground.

9.

Compliance with Minnesota State Building Code. All active solar energy systems shall comply with the Minnesota State Building Code, including the Plumbing Code, Electrical Code, Energy Code and Fire Code as applicable.

10.

Certifications. Solar energy systems and all components thereof shall meet the minimum manufacturer standards, if any, as required by the Minnesota State Building Code, including the Plumbing Code, Electrical Code, Energy Code and Fire Code as applicable.

11.

Utility connection. The property owner or occupant of a property on which a grid-intertie system is proposed to be installed shall provide to the city a copy of an executed agreement with the local utility provider prior to the issuance of a building permit evidencing the system to be installed is, in fact, a grid-intertie system. A visible external disconnect must be provided, if required by the utility provider. Off-grid systems are exempt from this requirement.

12.

Abandonment. If a solar energy system remains nonfunctioning or inoperable for a period of 12 consecutive months, the system shall be deemed abandoned and shall constitute a public nuisance. Within 30 days of abandonment of the system or notice from the city to remove, the owner shall remove the abandoned system, including all parts and components, at the owner's expense and shall comply with all Minnesota State Building Code requirements for the demolition and removal of the system.

13.

Permits. No solar energy system shall be erected, altered, improved, reconstructed, or installed in the city without first obtaining a zoning permit and any required permits under the Minnesota State Building Code from the city.

D.

Wind energy conversion system. Wind energy conversion systems shall be subject to the regulations set forth elsewhere in this chapter.

Subd. 27.

Site plan review.

A.

Purpose. The purpose of this section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this section. Site plan review is required when a building permit is needed or site improvements or alterations are proposed.

B.

Exceptions to review. The following shall be excepted from the foregoing requirements:

1.

Agricultural developments.

2.

One-family detached dwellings.

3.

Two-family attached dwellings.

C.

Approval authority. The city planner shall have approval authority of site plans. The site plan may be referred to the planning commission and/or city council for discussion, review, and informal comment. If any other development approvals such as variances or conditional use permits are required, then the site plan shall accompany those applications and be approved by the city council after review and recommendation by the planning commission. The city planner may also require a review by planning commission and city council to determine consistency of site plan with the evaluation criteria.

D.

Evaluation criteria. The review shall be based upon, but not be limited to, compliance with the following:

1.

Consistency with the city's Comprehensive Plan.

2.

Provisions of the Zoning and Subdivision Ordinances.

3.

Relationships with the natural site features.

4.

Relationships to surrounding land uses.

5.

Design of the site in a manner that is sensitive natural features by minimizing development impacts.

6.

Harmonious design relationships of the building and the site.

7.

Building design, materials, and colors as they relate to compatibility with the site and adjacent uses.

8.

The location of parking lots, driveways, and sidewalks as they relate to on-site and off-site impacts.

9.

Buffering of sound and light on adjacent properties.

E.

Information requirement. The information required for all site plan applications shall be consistent with the site plan review submittal checklist unless otherwise specified by the city planner in addition to other information that may be required for review purposes.

F.

Minnesota state building code. The review and approval of site improvements pursuant to the requirements of city adopted building and fire codes shall be in addition to the site plan review process established under this section. The site plan approval process does not imply compliance with the requirements of these building and fire codes.

Subd. 28.

Placement, erection and maintenance of signs.

A.

Purpose, construction and definitions.

1.

Purpose. The purpose of this section shall be to regulate the placement, erection and maintenance of signs in the city so as to promote the health, safety and general welfare of the residents of the city.

2.

Construction. All terms and words used in this section shall be given their commonsense meaning considered in context, except as hereinafter specifically defined.

3.

Definitions. The following terms, as used in this section, shall have the meanings stated:

(a)

Business sign means any sign upon which there is any name or designation that has as its purpose business, professional or commercial identification and which is related directly to the use of the premises upon which the sign is located.

(b)

Freestanding ground sign means a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground and completely independent of any building or other structure. Any business freestanding ground sign which projects more than seven feet above ground level is considered a pylon sign.

(c)

Governmental sign means any sign placed, erected or maintained by a governmental entity or agency for identification of or directions to a public facility or street or for traffic control or general public services.

(d)

Local street means a street within the city that is under the exclusive control and jurisdictional authority of the city.

(e)

Nonbusiness sign means any sign such as a personal nameplate or designation as for residences, churches, schools, hospitals, traffic or road signs, which do not contain advertising and are directly related to the premises upon which they are located.

(f)

Noncommercial sign means any sign which does not contain advertising for the sale of products or services.

(g)

Off-premises sign means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered somewhere other than on the property upon which the sign is located.

(h)

Product sign means any sign upon which there is any brand name, trademark, logo, distinctive symbol, designation or advertising which has as its purpose the promotion of any business, product, goods, activity or service. Product signs shall be subordinate to business signs.

(i)

Public right-of-way or public rights-of-way means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the city owned by or under control of the city, or dedicated or otherwise conveyed to the city for general public use.

(j)

Pylon sign means a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter, and are subject to all conditions, regulations and fees required for conditional uses.

(k)

Sign means any surface, facing or object upon which there is printed, painted or artistic matter, design or lighting.

(l)

Sign area means the gross area, exclusive of supportive frame, which contains copy or identifying features such as a logo, character or identifying figure. The gross area shall be calculated as an enclosed area bounded by no more than 12 straight lines.

(m)

Sign height means the distance from the lowermost ground point to which the sign is attached, to the highest point on the sign.

(n)

Trail means any paved surface within the public right-of-way, outside of the paved street surface, used by pedestrians and cyclists.

B.

Permitted uses.

1.

Location of business signs. Business signs are permitted on property zoned business, industrial, agricultural, public facilities, RD or PD only in conjunction with an approved business, industrial or agricultural use.

2.

Location of business signs in residential areas. Business signs are permitted in residentially zoned areas or areas of PD designation for residential use only under the following cases:

(a)

"For sale" or "for rent" signs, four feet by four feet or smaller, advertising the premises upon which such sign is located.

(b)

Real estate "for sale" signs, not over 100 square feet, of a land developer, which are located upon the premises offered for sale.

(c)

Area identification signs for major apartment complexes.

C.

General sign standards.

1.

Construction and erection of signs. All signs shall be constructed and erected in a good and workmanlike manner of sound and sufficient materials so as to ensure the safety of the public and in accordance with all reasonable standards employed by professional signmakers.

2.

Location on private property. No sign shall be erected, placed or located upon private property without the permission of the property owner or the lessee.

3.

Location to property line. No business sign shall be located nearer than ten feet from any property or dividing line.

4.

Location on public property. No sign, other than governmental signs, shall be placed upon any city owned public property, or railroad right-of-way. No sign, other than governmental signs, shall be affixed to any utility pole.

5.

Moving parts, lights. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature, governmental signs, and dynamic display signs allowed under subdivision K. below.

6.

Obstruction of vision. No sign shall be erected or maintained in such place and manner as obstructs driver vision or is noxious, annoying or hazardous because of method of lighting, illumination, reflection or location.

7.

Painted signs on buildings. No signs are allowed which are painted directly upon the walls of a building.

8.

Placement within public right-of-way. No sign other than governmental signs, shall be located within any city owned public right-of-way, except as follows:

(a)

Residential name and address signs may be located within the public right-of-way when such signs are attached to mail boxes, private lampposts or the like.

(b)

Noncommercial signs may be placed in the public right-of-way of a local street only if the sign is located more than five feet from the back of the street curb where no trail exists, or where a trail exists, more than one foot from the edge of the trail furthest from the street curb.

9.

Source of lighting. No signs are permitted for which the source of light is directly visible to passing pedestrians or vehicle traffic.

D.

Off-premises signs.

1.

No off-premises sign shall be permitted in any zone within the city except as permitted under this subparagraph.

2.

The owner of an existing off-premises sign may construct a new off-premises sign pursuant to a conditional use permit issued in accordance with the provisions of chapter 11 of the City Code, and under the following criteria:

(a)

No sign will be permitted which increases the number of signs beyond the number of signs depicted in Table A (which follows this section), as amended from time to time.

(b)

No sign shall be permitted which increases the total square footage of all signs beyond the number of total square feet depicted in Table A (which follows this section), as amended from time to time.

(c)

No sign shall be permitted which increases the total number of sign surfaces beyond the total number of sign surfaces depicted in Table A (which follows this section), as amended from time to time.

(d)

The maximum square footage of a sign shall be 250 square feet; however, the city may allow a sign in excess of 250 square feet upon (i) the reduction of the total number of signs, square footage or surface areas depicted in Table A (which follows this section), as amended from time to time, and (ii) amendment to said Table A to reflect such reduction, and (iii) further, so long as the total square footage of all signs is not increased beyond the total of sign square footage depicted in said Table A, at the time of application for a new sign.

(e)

No sign shall be located nearer to any other off-premises sign than 1,500 lineal feet on the same side of the street or 300 lineal feet on the opposite side of the street.

(f)

No sign shall be located on a platted lot which contains a business sign.

(g)

No sign shall be located within 300 feet of any freestanding ground sign or pylon sign.

(h)

No sign shall be located within 200 feet of any residentially zoned district.

(i)

No sign or any part thereof shall exceed 40 feet in height as measured from the land adjacent to the base of the sign.

3.

Any new off-premise sign permitted under this paragraph, shall not be placed upon any property upon which a building or structure already exists.

4.

Any new off-premise sign permitted under this paragraph, above, shall be located only on property zoned for business or industrial use.

5.

Any off-premise sign now existing or permitted to be constructed shall be removed prior to the city approving the platting of the property upon which the sign is located or prior to the city issuing a building permit for the construction of a structure upon the property upon which the sign is located, whichever occurs earlier.

6.

Any new off-premise sign pursuant to a conditional use permit issued hereunder shall be subject to the provisions governing conditional use permits as set forth elsewhere in this chapter.

E.

Building-mounted, window/door and temporary business signs, standards.

1.

Building signs on single-tenant buildings and end units in multi-tenant buildings. On single-tenant buildings, no more than three total signs, distributed on up to two elevations, are allowed in the following combinations, not to exceed the allowed sign area based on zoning:

(a)

One elevation displaying a business name sign, and one elevation displaying a business name and a product name sign for a total of three signs; or

(b)

One elevation displaying a business name sign, and one elevation displaying either a business name or a product name sign for a total of two signs; or

(c)

One elevation displaying a business name sign or a product name sign for a total of one sign; or

(d)

Two signs, each displaying a separate business name if two tenants are occupying one unit space for a total of two signs on one elevation.

2.

Building signs on interior units of multi-tenant buildings. On multi-tenant buildings, no more than two signs per tenant on one elevation are allowed in the following combinations, not to exceed the allowed sign area based on zoning:

(a)

One sign displaying a business name, and one sign displaying a product name for a total of two signs on one elevation; or

(b)

Two signs, each displaying a separate business name if two tenants are occupying one unit space for a total of two signs on one elevation; or

(c)

One sign displaying a business name for a total of one sign on one elevation; or

(d)

One sign displaying a product name for a total of one sign on one elevation.

3.

Design similarity. All business signs mounted on a building shall be similar in design.

4.

Multi-tenant building signage. Building facade signage on multi-tenant buildings shall be evenly distributed between all tenants.

5.

Product name signs. Product name signs shall be subordinate to business name signs.

6.

Roof signs. No sign mounted upon a building is allowed to project above the highest outside wall or parapet wall.

7.

Roof signs in BP and RD districts. In BP and RD districts, no roof signs shall be allowed.

8.

Sign area.

(a)

No signs or combination of signs mounted upon a building shall cover in excess of ten percent of the gross area of a side in the RD and BP zoning districts, and 20 percent of the gross area of a side in all other zoning districts, where business signs are allowed.

(b)

A sign displayed on a window or within an area 18 inches from the face of the window, as measured from the interior glass to the building interior, shall not occupy more than 60 percent of the area of the windows and/or doors on the side of the building on which the window/door sign is displayed. The area of a window/door sign shall be included in the calculation of the sign area allowed for building-mounted signs provided herein and shall not exceed the applicable sign area permitted. Window/door signs shall be allowed only on the building façade that has building-mounted signage. Any sign not exceeding a two square feet area that depicts "Open/Closed" or hours of operation shall be exempt from requirements. A sign or display inside the building which is located more than 18 inches from the inside glass face of the window glass is not deemed a "window sign" for purposes of this section.

(c)

Any property or business that exceeds the 60 percent window/door area as of the effective date of this ordinance shall be exempt from the 60 percent window/door area restriction, provided the following conditions are met:

1.

The property owner/occupant completes and files an "exemption registration" with the city within six months of the effective date of the ordinance. If an exemption is not timely filed with the city, the 60 percent window/door sign area regulation will apply.

2.

The property, which is exempt from the 60 percent window/door sign area regulation, is prohibited from exceeding its registered window/door sign coverage.

3.

Any change in sign size or type rescinds/voids the exemption and the 60% window/door sign area regulation shall apply.

4.

Any change in business located in the subject space rescinds/voids the exemption and the 60 percent window/door sign area regulation shall apply.

5.

Any modification to the window or door size rescinds/voids the exemption and the 60 percent window/door sign area regulation shall apply.

Any exemption not voided or rescinded as set forth in this section shall automatically expire and be void on January 1, 2014.

9.

Sign projection. No sign mounted upon a building is allowed to project more than 18 inches from the vertical surface of the building.

10.

Temporary signs for special business sales. Any commercial use may have up to three signs for the purpose of promoting a special sales event, provided the signs may not be displayed for no more than 14 days within a 60-day period. The 60-day period shall commence on the first day of posting a temporary sign and conclude 60 days thereafter. The temporary signs shall not exceed an aggregate total area of 100 square feet. The sign permit application shall specify the days, not to exceed 14, which the temporary sign will be displayed.

11.

Canopy signage. Canopy signage is limited to the business name and/or logo, and shall not exceed 20 percent of the canopy facade, excluding corporate color raceway. No more than one canopy sign for each street frontage shall be permitted on a canopy for the business located upon the property; illumination is limited to business name and/or logo.

F.

Freestanding business signs, standards.

1.

Freestanding ground signs. Up to one allowed per building. Such signs shall be limited to seven feet total height, with four-foot maximum height of sign area.

2.

Pylon signs. Up to one allowed per building. When used, a pylon sign is allowed in lieu of a freestanding sign. No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. No pylon signs shall project more than 27 feet above the lot level, roadway level, or a specified point between the two levels as determined by the council. The level used shall be based upon visibility factors from the adjacent roadway(s). The applicant shall submit diagrams, drawings, pictures and other information requested by the city prior to action by the council upon the application. No pylon sign shall exceed 125 square feet in area per side except pylon signs authorized under subparagraph C[G], below. In the RD and BP districts, no pylon signs shall be allowed.

3.

Major complex. When an area identification is required, such as for a shopping center, major apartment complex, or major industrial building, up to one freestanding or pylon sign may be allowed for each major adjacent street. The council shall determine the maximum size after reviewing the applicable conditions including terrain, safety factors, etc.

4.

Freeway locations. An on-premises pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the city. Any business that acquires a conditional use permit to erect a pylon sign for freeway identification may be allowed an additional freestanding ground sign to be located on the side of the property opposite of the freeway. Notwithstanding the provisions of this subdivision restricting the number of building-mounted signs permitted, a business name sign may be displayed on the elevation facing the freeway in lieu of an on-premise pylon sign permitted in this paragraph. All signs must comply in all other respects with the provisions of this section. A freeway shall be defined as a principal arterial highway as defined in the comprehensive plan.

5.

Multi-lot developments. In multi-lot developments, the design and placement of monument and directional signs shall be coordinated through an overall signage plan.

G.

Exemptions. Notwithstanding any other provisions of this section, the following signs are exempt from the permit or fee provisions of this section. No exempt sign shall exceed 16 square feet of area except where stated below:

1.

For sale, lease, or rent signs of real estate when located on the property advertised, and when under 16 square feet in total copy area.

2.

Church, hospital, or school directional signs, less than six square feet in total copy area.

3.

One on-property church sign for each church site.

4.

Signs warning of hazardous conditions.

5.

Simple information signs, such as "exit," "loading dock," etc.

6.

Simple nameplate signs on or over the entrance to a place of business or used to identify the parking area of a place of business. Not to exceed three square feet in gross area.

7.

Signs erected by a recognized unit of government having jurisdiction in the city, or a school district within the boundaries of the school district.

8.

Noncommercial signs.

9.

Temporary signs for special civic events or garage or neighborhood sales, for a period not to exceed 20 days.

H.

Nonconforming signs.

1.

The protective inspections department shall order the removal of any sign erected or maintained in violation of the law as it existed prior to the effective date of this section. Removal shall be in accordance with this subdivision.

2.

Other signs existing on the effective date of this section and not conforming to its provisions, but which did conform to previous laws, shall be regarded as nonconforming signs which may be continued if properly repaired and maintained as provided in this section and if in conformance with other provisions of the City Code. If said signs are not continued with conformance of above, they shall be removed in accordance with this subdivision.

I.

Sign permits and fees.

1.

Sign permits. No signs, except those specified in this subdivision, above, shall be erected or maintained anywhere in the city without first obtaining a sign permit.

2.

Application, permit and fees. A formal application together with accompanying documents prescribed by the city shall be submitted to the city to obtain a sign permit. Permit fees are as adopted by resolution of the city council and shall accompany the permit application. If any sign is placed, erected, or installed without first obtaining a sign permit, then the permit fee shall be the amount equal to two times the permit fee.

3.

Review of applications. The community development department shall consider approval of all sign permit applications, except that applications for approval of permits for advertising signs, pylon signs and any sign requiring a variance shall be submitted to the council for final approval. Freestanding signs exceeding seven feet in height shall require a footing and foundation inspection by the protective inspections division and all building code requirements shall be met.

4.

Return of the fees. In the event said application shall be denied, the city shall return the applicant's permit fee, less a reasonable amount determined by the council which shall be retained as an administrative cost.

J.

Removal. All signs which have not been removed within the designated time period may after due notice be removed by the city, and any expense incurred thereof may be charged to the sign owner or assessed against the property on which they are located.

K.

Dynamic display signs.

1.

Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Drivers are also distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes.

Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character.

Local spacing requirements could interfere with the equal opportunity to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact would obviously be compounded in a corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, a longer display time is appropriate.

A constant message is typically needed on a sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way-finding purpose and could adversely affect driving conduct through last-second lane changes, stops, or turns, which could result in traffic accidents. Accordingly, dynamic displays generally should not be allowed to occupy the entire copy and graphic area of a sign.

In conclusion, the city finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety.

2.

Dynamic display sign means any sign, except governmental signs, with dynamic display characteristics that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign surface to change the image without having to physically or mechanically replace the sign surface or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign surface to present a series of images or displays.

3.

Dynamic display signs are allowed subject to the following conditions:

(a)

Dynamic display signs are subordinate to off-premises signs, monument and pylon signs, and business signs. Dynamic displays must not be the predominant feature of the sign surface. The remainder of the sign must not have the capability to have dynamic displays even if not used. Dynamic display signs are allowed only on monument and pylon signs for conditionally permitted uses in residential districts and for all uses in other districts, subject to the requirements of this Section 11.70. Only one, contiguous dynamic display area is allowed on a sign surface;

(b)

A dynamic display may not change or move more often than once every one minute;

(c)

The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects;

(d)

The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign;

(e)

Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. If there is insufficient room for copy and graphics of this size in the area allowed under clause (a) above, then no dynamic display is allowed;

(f)

Dynamic display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance;

(g)

Dynamic display signs must comply with the brightness standards contained in subdivision L. below;

(h)

Dynamic display signs existing on October 6, 2007, must comply with the operational standards listed above. An existing dynamic display that does not meet the structural requirements in clause (b) may continue as a non-conforming use subject to the regulations governing non-conforming structures and uses set forth in this chapter. An existing dynamic display that cannot meet the minimum size requirement in clause (e) must use the largest size possible for one line of copy to fit in the available space.

(i)

Exceptions. Recognizing that some dynamic displays, such as those used in point of sale dispensers, interactive vending machines and ATMs, often need to change images more frequently than defined by this ordinance in order to perform their intended function and that such image changes can occur in a manner in which they do not create distractions for drivers, dynamic displays with a total area of less than 160 square inches at any point of sale dispenser, interactive vending machines or ATM may be fully animated, provided they do not flash or blink in a manner clearly visible from the roadway and provided they either meet or exceed the building setbacks for the zoning district in which they are located or are at least 30 feet from the public right-of-way, whichever is greater.

4.

Incentives. Off-premises signs do not need to serve the same way-finding function as do on-premises signs; they are restricted in number by the city; and they are in themselves distracting and their removal serves public safety. This clause is intended to provide an incentive option for the voluntary and uncompensated removal of off-premises signs in certain settings. This removal results in an overall advancement of one or more of the goals set forth in this section that should more than offset any additional burden caused by the incentives. These provisions are also based on the recognition that the incentives create an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout the community and expand the function of off-premises signs to serve a public purpose by providing community and public service messages.

A.

Incentive Option A—Reduction of Sign Surfaces.

(a)

A person may obtain a permit for an enhanced dynamic display sign on one surface of an existing off-premises sign if the following requirements are met:

(i)

The applicant agrees in writing to reduce its off-premises sign surfaces by one by permanently removing, within 15 days after issuance of the permit, one surface of an off-premises sign in the city that is owned or leased by the applicant and is depicted in Table A (which follows this section), which sign surface must satisfy the criteria of parts (ii) and (iii) of this subsection. This removal must include the complete removal of the structure and foundation supporting each removed sign surface. The applicant must agree that the city may remove the sign surface if the applicant does not timely do so, and the application must identify the sign surface to be removed and be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to pay the city's costs for that removal. The applicant must also agree that it is removing the sign surface voluntarily and that it has no right to compensation for the removed sign surface under any law. Replacement of an existing sign surface of an off-premises sign with an enhanced dynamic display sign does not constitute a removal of a sign surface.

(ii)

The city has not previously issued a dynamic display sign permit based on the removal of the particular sign surface relied upon in this permit application.

(iii)

If the removed sign surface is one for which a state permit is required by state law, the applicant must surrendered its permit to the state upon removal of the sign surface. The sign that is the subject of the dynamic display sign permit cannot begin to operate until proof is provided to the city that the state permit has been surrendered.

(b)

If the applicant complies with the permit requirements noted above, the city will issue an enhanced dynamic display sign permit for the designated off-premises sign. This permit will allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to change no more frequently than once every eight seconds. The designated sign must meet all other requirements of this ordinance.

B.

Incentive Option B—Provision of Community and Public Service Messaging.

(a)

A person may obtain a permit for an enhanced dynamic display sign on one surface of an existing off-premises sign if the following requirements are met:

(i)

The enhanced dynamic display sign replaces an existing surface of an existing off-premises sign;

(ii)

The city has not previously issued a dynamic display sign permit based on the replacement of the particular sign surface relied upon in this permit application.

(iii)

The applicant shall enter into an agreement with the city to provide to the city no less than five hours (2,250 eight-second spots) per month per enhanced dynamic display sign in the city for community and public service messages at such times as shall be determined by the city.

(b)

If the applicant complies with the permit requirements noted above, the city will issue an enhanced dynamic display sign permit for the designated off-premises sign. This permit will allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to change no more frequently than once every eight seconds. The designated sign must meet all other requirements of this ordinance.

L.

Brightness standards.

1.

All signs must meet the following brightness standards:

(a)

No sign may be brighter than is necessary for clear and adequate visibility.

(b)

No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle.

(c)

No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.

2.

The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city's instructions. The adjustment must be made immediately upon notice of non-compliance from the city. The person owning or controlling the sign may appeal the city's determination through the following appeal procedure:

(a)

After making the adjustment required by the city, the person owning or controlling the sign may appeal the city's determination by delivering a written appeal to the city clerk within ten days after the city's non-compliance notice. The written appeal must include the name of a person unrelated to the person and business making the appeal, who will serve on the appeal panel.

(b)

Within five business days after receiving the appeal, the city must name a person who is not an official or employee of the city to serve on the appeal panel. Within five business days after the city names its representative, the city's representative must contact the sign owner's representative, and the two of them must appoint a third member to the panel, who has no relationship to either party.

(c)

The appeal panel may develop its own rules of procedure, but it must hold a hearing within five business days after the third member is appointed. The city and the sign owner must be given the opportunity to present testimony, and the panel may hold the hearing, or a portion of it, at the sign location. The panel must issue its decision on what level of brightness is needed to meet the brightness standards within five business days after the hearing commences. The decision will be binding on both parties.

3.

All signs installed after October 6, 2007, that will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the city that it is not complying with the standards in this section.

TABLE A

Subd. 29.

Outdoor dining areas.

A.

Restrictions. All outdoor dining areas shall comply with this subdivision. An outdoor dining area in conjunction with a Class I or Class II restaurant is a permitted accessory use if the restaurant is a permitted use in the zoning district and a conditional use if the restaurant is a conditional use in the zoning district. Notwithstanding that an outdoor dining area may be a permitted accessory use, an outdoor dining area that does not meet the special use setback from a residential property or that provides seating for more than 24 persons shall be subject to a conditional use permit or planned development approval as applicable.

B.

Performance standards and requirements.

1.

No portion of the outdoor dining area shall be located or occur within any public right-of-way, including the sidewalks/trails, boulevard areas or streets.

2.

The outdoor dining area shall meet the following setback requirements: 20 feet from a public right-of-way, five feet from side lot line, and five feet from rear lot line.

3.

The outdoor dining area shall not interfere with any pedestrian traffic or walkways intended for the general public. A minimum four feet wide area shall remain clear for pedestrian traffic on walkways and for entry into the restaurant building and adjacent uses. An outdoor dining area shall not be permitted to be located in or occupy any parking or other areas intended for vehicular traffic.

4.

The outdoor dining area shall be handicap accessible and not restrict accessibility in other areas inside or outside the restaurant.

5.

The outdoor dining area shall be used subordinate to the principal restaurant building.

6.

The outdoor dining area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors, unless a suitable means for such storage has been reviewed and approved by the city.

7.

The hours of operation of an outdoor dining area shall be restricted to the hours of operation within the principal restaurant's interior space. Notwithstanding the foregoing, the operation of business within an outdoor dining area shall not occur between the hours of 1:00 a.m. and 7:00 a.m. If an outdoor dining area is subject to a conditional use permit or a planned development approval, the city council may be more restrictive in the hours of operation based upon the proximity of the area to residential dwelling units and upon considerations relating to the public health, safety, and welfare of residents, businesses, and other uses near the restaurant establishment.

8.

The use of the outdoor dining area shall comply with all noise regulations in this Code. If an outdoor dining area is subject to a conditional use permit or planned development approval, the city council may restrict days, hours, nature and volume, and other aspects of entertainment in any outdoor dining area, including a prohibition against all forms of music, radio, television, and other entertainment, to protect the public health, safety, and welfare of residents, businesses and other uses near the restaurant establishment.

9.

A fence, constructed of color and material suitable for the intended use, surrounding the outdoor dining area shall be required if the outdoor dining area provides seating for 24 or more persons or alcoholic beverages are served within the outdoor dining area. If a fence is required, a fencing plan shall be submitted with the site plan for the outdoor dining area for review and approval by the city.

10.

If alcoholic beverages are served in the outdoor dining area, the restaurant establishment shall have an on-sale alcohol license that specifically includes and permits the sale or service of alcoholic beverages in the outdoor dining area. All regulations in chapter 5 of the Code shall apply and compliance shall be met.

11.

The outdoor dining area must conform to all fire and building codes related to the number and types of exits that are required.

12.

The parking regulations related to minimum required spaces for the restaurant establishment, plus one stall for every 12 seats within the outdoor dining area of more than 24 seats, as set forth in this chapter shall apply and compliance met.

13.

All sewer availability charges imposed as a result of additional seating in the outdoor dining area shall be paid prior to the operation of any business within the outdoor dining area.

Subd. 30.

Zoning permit.

A.

Purpose. The purpose for a zoning permit, as provided herein, is to assist property owners who choose to make exterior improvements to their property by ensuring the improvements meet City Code requirements prior to the installation of the improvements and to protect property owners from unnecessary costs of removing or relocating improvements that are erected or installed not in compliance with City Code, as well as to protect adjacent properties that may be adversely affected by improvements not in compliance with City Code requirements.

B.

Zoning permit required. Prior to constructing, installing or erecting any building, structure, or other fixed improvement upon any property within the city, a zoning permit from the city shall be obtained by the property owner. A zoning permit shall not be required for any building, structure or improvement for which a building, plumbing, or mechanical permit under the Minnesota State Building Code is required or which otherwise occurs within the interior of the principal building on the property.

This subdivision shall apply to buildings, structures, or other fixed improvements, including, but not limited to, the following: sport court; patio; sidewalks; driveway replacement or expansion; play structures; piers or docks.

C.

Zoning permit application and action. A zoning permit application on a form provided by the city shall be submitted to the Eagan Planning Division. The application shall include a site plan depicting the property's boundary lines, the proposed location of the proposed building, structure, or other improvement, accurate measurements of the proposed building, structure, or other improvement, and the accurate distance in feet from all property lines to the nearest points of the footprint of the proposed building, structure, or other improvement at its proposed location. A zoning permit application shall be denied if the proposed building, structure, or other improvement fails to meet all requirements of this chapter or other applicable provisions of the City Code.

D.

Zoning permit inspection fee. If the zoning permit application requires a field inspection(s) by city staff to ensure compliance with the City Code, the applicant shall pay the established inspection fee prior to the city granting the zoning permit. An inspection fee shall be set by city council resolution.

Subd. 31.

Minimum maintenance road—maximum density permitted. If sole access to a parcel is from a minimum maintenance public road duly designated by the city, then no subdivision of the parcel nor any improvement which would allow more than one dwelling unit per parcel shall be allowed on or after the effective date of this section, unless the minimum maintenance public road is reconstructed to meet the city's public street design standards as set forth in chapter 13 of this Code or access is from another public street that meets the city's public street design standards as set forth in chapter 13 of this Code.

Subd. 32.

Accessory Dwelling Unit (ADU).

A.

Purpose. The purpose of this subdivision is to permit and regulate an accessory dwelling unit (ADU) within a single-family detached dwelling in R-1 and Estate districts only as a permitted accessory use subject to the regulations set forth herein. The minimum lot size in R-1 and Estate zoning districts ensures that additional housing will have less impact on neighboring properties. Because this use will be located in established one-family residential districts (single family home neighborhoods), the installation and use of an accessory dwelling unit must be strictly controlled to avoid adverse physical, social, economic, environmental and aesthetic impacts. By allowing only those accessory dwellings unit that are in compliance with all of the performance standards of this subdivision, the character and quality of existing neighborhoods will be protected.

B.

Definitions. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Accessory dwelling unit (ADU) means a subordinate habitable dwelling unit, which has its own basic requirements of shelter, heating, cooking and sanitation, added to or created within a single-family dwelling (hereinafter primary residence).

C.

Performance standards. No property within a single-family residential district shall have more than one dwelling unit, except an ADU may be permitted as accessory use to a single family dwelling when the following requirements are met:

1.

The primary residence must be located on a lot within an Estate or R-1 zoning district.

2.

The property owner must reside in either the primary residence or the ADU as their permanent residence. The property owner must reside in the home not less than 185 days per calendar year, and during which period the subject property continues to be the applicant's legal and principal residence.

3.

An ADU may not be subdivided or otherwise segregated in ownership from the primary residence structure.

4.

An ADU's total floor area shall be no more than 960 square feet or 33 percent of the primary residence's footprint (excluding any attached improvements not constituting four-season habitable rooms), whichever is less. An ADU's total floor area shall not be less than 300 square feet.

5.

No ADU shall be permitted if the building coverage on the lot exceeds, or will exceed with the addition of the ADU, 20 percent of the lot or parcel.

6.

An ADU shall be designed and maintained as to be consistent with the architectural design, style, appearance and character of the primary residence as a single-family residence. An ADU shall not extend beyond the height of the primary residence.

7.

An ADU shall be located within or attached to the primary residence and shall not be permitted in structures detached from the primary residence, including, but not limited to, accessory buildings, detached garages, or workshops.

8.

An ADU may be created by the conversion of living space within the primary residence, but not by conversion of garage space unless a new two-car (or larger) garage is constructed on the lot without the need for a variance and the converted ADU complies with all state and city regulations and codes.

9.

The total number of residents in the ADU may not exceed two persons. The ADU shall contain no more than two bedrooms.

10.

Two off-street parking spaces shall be required for the ADU, in addition to the two off-street parking spaces required for the primary residence. An additional garage may be constructed, provided it complies with all state and city regulations.

11.

No more than one ADU shall be permitted on a lot or parcel.

12.

If the ADU has an exterior entry door, then it shall not be located on the same building façade as the front entrance door for the primary residence.

13.

An ADU shall be constructed and maintained in accordance with all state laws, state building, plumbing, electrical, mechanical, and fire code regulations and City Code requirements.

14.

The primary residence and ADU shall be constructed and maintained in compliance with the property maintenance regulations set forth in the City Code.

15.

The primary residence and ADU shall be connected to municipal sewer and water, but shall be served by only one service line from the street to the primary residence.

It is unlawful for a property owner to construct or allow occupancy within an ADU that does not comply with all of the foregoing requirements.

D.

Registration required. An ADU as permitted in this chapter shall be registered with the city by filing with the city clerk a completed registration form provided by city. No ADU may be occupied until the ADU registration is filed with the city. The ADU registration shall be in effect for a period of 12 months and shall be renewed annually on a date determined by the city clerk.

Subd.

33. Electric vehicle charging stations.

A.

Purpose. It is in the best interest of the city and its residents to encourage and facilitate use of electric vehicles, and expedite establishment of convenient, cost-effective electric vehicle infrastructure. The purpose of this subdivision is to establish minimum requirements for electric vehicle charging stations and the infrastructure serving both short-term and long-term parking needs.

B.

Definitions. The following terms, as used in this subdivision, shall have the meanings stated:

Charging levels means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. Charging levels, generally identified as Level 1, Level 2, and Level 3/DC, are the most common charging levels, defined by the following specifications:

1.

Level 1 is characterized as "slow" charging using 120v outlets.

2.

Level 2 is characterized as "medium" charging using more than 120v up to 240v outlets.

3.

Level 3/DC is characterized as "fast" or "rapid" charging using voltage circuit greater than 240v.

Electric vehicle charging station (EVCS) means a charge point or electric supply equipment for the supply of electrical power for charging a vehicle that uses one or more electric motors for propulsion, including the parking space area for the vehicle immediately adjacent to or including the electric supply equipment.

Electric vehicle charging station—private use means an electric vehicle charging station that is privately owned and access is restricted to private use only and not for use by the public. As an example, private use is such as a station at a single-family home, designated employee parking, or assigned parking stall for a resident in a multi-family residential building.

Electric vehicle charging station—public use means an electric vehicle charging station that may be owned privately or publicly (governmental entity), access is not restricted, but open and available for use by the general public. As an example, public use is such as a station at a government owned Park & Ride facility, public library parking lot, on-street parking, shopping center parking, hotels and restaurant parking, traditional motor fuel stations or the like.

C.

Permitted and accessory permitted use.

1.

Level 1 and Level 2 electric vehicle charging stations are permitted in all zoning districts within the city as a permitted accessory use in conjunction with off-street parking areas.

2.

Level 3/DC electric vehicle charging station-public use is a permitted accessory use in conjunction with off-street parking areas on properties zoned for commercial, industrial, public facility, and institutional uses.

3.

Level 3/DC electric vehicle charging station-private use is a permitted use in all zoning districts when used for private use only by the property owner or occupant and not available to the general public.

4.

Level 3/DC electric vehicle charging station-public use may be a permitted use, as the primary use of the lot/parcel, provided it meets all the zoning performance requirements and standards applicable to a motor fuel sales station as set forth in this chapter and is located within a zoning district that permits motor fuel sale stations.

D.

Electric vehicle charging station (EVCS)—Public use general provisions.

1.

EVCS shall be located on the lot/parcel so as to be visible to the intended user for ease of identification and security purposes.

2.

EVCS shall be located in convenient parking locations that will serve the use of electric vehicles.

3.

EVCS shall be operational during normal business hours of the primary use(s) on the property that the EVCS serves and may be de-energized (i.e., electrical supply disconnected) during the non-business hours.

4.

EVCS parking stalls may be designated with signage (i.e., ground painted or mounted sign) as approved by the city. EVCS designated stalls shall be counted to meet the minimum parking requirements for the primary use in accordance with the provisions of this chapter.

E.

Electric vehicle charging station performance standards.

1.

Electric vehicle charging station outlets and connector devices shall be mounted in compliance with applicable Minnesota State Building Codes requirements.

2.

EVCS shall be located adjacent to designated parking stalls without encroaching into the required dimensions of the parking stall.

3.

Electric vehicle charging stations, including all supply equipment and cabinets, shall not impede pedestrian travel or create safety hazards on sidewalks.

4.

EVCS and supply equipment shall be protected by bollards, structures, or curb. EVCS pedestals shall be designed to minimize potential damage by vehicle impacts or vandalism. This provision does not apply to EVCS for private use at single-family and two-family zoned properties.

5.

Dynamic displays on an electric vehicle charging station are allowed only on electric vehicle charging station-public use and are limited in size as allowed for on motor fuel sales fueling pumps regulated elsewhere in the chapter.

6.

Electric vehicle charging station setbacks:

(a)

Level 1, 2 and 3/DC electric vehicle charging stations:

i.

From public rights-of-way: 15 feet

ii.

Side or rear lot lines: 5 feet

(b)

Level 3 supply equipment

i.

From rights-of-way: 20 feet

ii.

Side or rear lot lines: 10 feet

7.

Screening. Equipment and equipment cabinets used with Level 3/DC electric vehicle charging stations shall be completely screened at ground level view from adjacent properties and public streets, and designed to be compatible with the architectural treatment of the principal building.

8.

EVCS shall be illuminated with site lighting, unless charging is available during day light hours only. This provision does not apply to EVCS for private use at single-family and two-family zoned properties.

F.

Operation.

1.

Electric vehicle charging stations shall be maintained in all respects, including operation of the equipment. A phone number or other contact information shall be displayed on the face of the battery charging station for reporting problems with the equipment or access to it.

2.

Fees may be charged for use of an electric vehicle charging stations-public use. No fees may be charged or collected for the use of an electric vehicle charging station located on single-family or two-family properties.

Subd.

34. Residential Program Facilities.

A.

Restrictions. A residential program facility shall comply with this subdivision. A residential program facility with a licensed capacity of serving six or fewer persons are permitted in those zoning districts as set forth in section 11.60 of this chapter. A residential program facility with a licensed capacity of serving up to 16 persons may be permitted in those zoning districts as set forth in section 11.60 of this chapter upon the council's granting of a conditional use permit. No residential program facility with a licensed capacity of serving more than 16 persons shall be permitted in any district.

A residential program facility shall not be permitted in any district if the facility serves one or more persons who are placed there by a court, court services department, parole authority or other correctional agency having dispositional power over persons charged with or convicted of a crime or adjudicated delinquent and reside under the care and supervision of a residential program licensed by the Minnesota Department of Corrections.

B.

Conditional use permit application. All applications for a conditional use permit for a residential program facility shall comply with the conditional use permit application requirements set forth elsewhere in this chapter.

C.

Performance standards and noncompliance. A residential program facility permitted in accordance with subparagraph A herein shall conform to the following standards, in addition to those standards set forth in the conditional use permit:

1.

Parking Requirements. The following minimum parking spaces shall be provided and maintained on the property on which the residential program facility is located for the use of and during the life of the residential program facility use:

•

Residential program facility with licensed capacity to serve up to six residents: two spaces.

•

Residential program facility with licensed capacity to serve seven to 16 residents: two spaces + one stall for each three beds.

2.

A residential program facility with a licensed capacity of more than six persons shall not be permitted and a conditional use permit shall not be granted if the proposed facility will be within 1,320 feet of an existing residential program facility operating under a valid conditional use permit.

3.

A residential program facility shall meet all federal, state and city regulations and laws, including the Minnesota State Building Code regulations applicable to the facility's capacity and use classification thereunder.

4.

All motor vehicle parking for the site must be located on a paved driveway or parking area. Screening of parking areas are subject to the regulations thereof as set forth elsewhere in this chapter.

5.

The city may impose additional conditions in order to mitigate any specific impacts of a proposed facility on the surrounding area.

Subd.

35. Residential Shelter.

A.

Restrictions. A residential shelter serving up to 16 persons may be permitted in those zoning districts as set forth in section 11.60 of this chapter upon the council's granting of a conditional use permit. A residential shelter with a capacity to serve up to 75 persons may be permitted in those zoning districts as set forth in section 11.60 upon the council's granting of a conditional use permit.

B.

Conditional use permit application. All applications for a conditional use permit for a residential program facility and residential shelter shall comply with the conditional use permit application requirements set forth elsewhere in this chapter.

C.

Performance standards and noncompliance. A residential shelter permitted in accordance with subparagraph A herein shall conform to the following standards, in addition to those standards set forth in the conditional use permit:

1.

Parking Requirements. The following minimum parking spaces shall be provided and maintained on the property on which the residential shelter is located for the use of and during the life of the residential shelter use:

•

Residential Shelter: two spaces + one space for each three occupants of the maximum capacity.

2.

A residential shelter shall not be permitted and a conditional use permit shall not be granted if the proposed shelter will be within 1,320 feet of an existing residential shelter or a residential shelter operating under a valid conditional use permit.

3.

A residential shelter shall meet all federal, state and city regulations and laws, including the Minnesota State Building Code regulations applicable to the facility's capacity and use classification thereunder.

4.

All motor vehicle parking must be located on a paved parking area. Screening of parking areas are subject to the regulations thereof as set forth elsewhere in this chapter.

5.

The city may impose additional conditions in order to mitigate any specific impacts of a proposed facility in the surrounding area.

Subd. 36.

Cannabis businesses and temporary cannabis events.

A.

Purpose. The purpose of this subdivision is to regulate the time, place, and manner of the operation of cannabis businesses and temporary cannabis events as authorized by Minn. Stats., Ch. 342. The regulations set forth in this subdivision further and promote the city's interests relative its purposes for zoning regulations as set forth in section 11.10 and to ensure compatibility of surrounding land uses.

B.

Definitions. The definitions of words and phrases as provided herein shall apply to all applicable zoning regulations of cannabis businesses and temporary cannabis events set forth in this chapter. The definitions of words and phrases contained in Minn. Stats. § 342.01 and the rules promulgated by the office of cannabis management shall apply unless defined differently herein. The following words and phrases shall have the meanings stated:

Cannabis cultivation and cultivate cannabis means growing cannabis plants from seed or immature plant to mature plant, harvesting cannabis flower from mature plant, packaging and labeling immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transporting cannabis flower to a cannabis manufacturer located on the same premises, and performing other actions approved by the office of cannabis management.

Cannabis cultivator means a business that cultivates cannabis and packages cannabis for sale to another cannabis business.

Cannabis delivery service means a business that purchases cannabis flower, cannabis products, and hemp products from cannabis retailers or cannabis businesses with a retail endorsement for the purpose of transport and delivery to customers.

Cannabis event organizer means a person or entity who organizes temporary cannabis events.

Cannabis manufacturer means a business manufacturing and/or packaging cannabis products and hemp products for sale to a cannabis retailer.

Cannabis mezzobusiness means a business that may cultivate cannabis and manufacture cannabis products and hemp products and package such products for sale to customers or another licensed business, and that may operate up to three retail locations with a retail operations endorsement.

Cannabis microbusiness means a business that may cultivate cannabis and manufacture cannabis products and hemp products and package such products for sale to customers or another licensed business, and that may operate a single retail location with a retail operations endorsement.

Cannabis retail business means a business that is licensed or required to be licensed by the State of Minnesota as a cannabis retailer, cannabis mezzobusiness with retail operations endorsement, cannabis microbusiness with retail operations endorsement, and medical cannabis combination business operating a retail location.

Cannabis retailer means a business that sells immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp products, and other products authorized by law to customers and patients, including a cannabis microbusiness with a retail operations endorsement, cannabis mezzobusiness with a retail operations endorsement, and medical cannabis combination business at a location off-site of its cultivation or manufacturing operations to the extent it is engaged in retail sales exclusively of its cultivated cannabis or manufactured cannabis product.

Cannabis testing facility means a business that obtains and tests immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products.

Cannabis transporter means a business that transports immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products to licensed cannabis businesses.

Cannabis wholesaler means a business that purchases and/or sells immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products from another licensed cannabis business, and/or imports hemp-derived consumer products and lower-potency hemp edibles.

Lower-potency hemp edible manufacturer means a business that manufacturers and packages lower-potency hemp edibles for consumer sale, and/or sells hemp concentrate and lower-potency hemp edibles to other cannabis businesses and hemp businesses.

Lower-potency hemp edible retailer means a business that sells lower-potency hemp edibles to customers.

Medical cannabis combination business means a business that cultivates cannabis and manufactures cannabis and hemp products, and packages such products for sale to customers, patients, or other licensed cannabis businesses, and may operate one retail location per congressional district.

Temporary cannabis event means an event lasting no more than four days at which cannabis products, cannabis flower, lower-potency hemp edibles, and hemp-derived consumer products may be sold and consumed and for which the organizer has a cannabis event organizer license issued by the office of cannabis management.

C.

Zoning. The operation of a cannabis business, as the terms are defined herein, shall be limited to property zoned for commercial/retail and industrial related uses for each type of cannabis business as specifically set forth in section 11.60 of this chapter.

D.

Cannabis business regulations and performance standards.

1.

Minnesota state license required. It is unlawful for any person or legal entity to operate or permit the operation of a cannabis business without first obtaining, and having in effect, a license from the office of cannabis management for the cannabis business operated. Notwithstanding the foregoing, a cannabis business with license preapproval from the office of cannabis management may cultivate cannabis in accordance with the preapproval and state law.

2.

City registration required. A cannabis retail business shall register with the city as required in chapter 6 of this Code.

3.

Buffers. No cannabis business shall be located or operated within 350 feet of an existing lawful cannabis business, measured by a line from the nearest point of the existing lawful cannabis business's most exterior wall of its retail store building, or occupied space if located in a multi-user building, and the most exterior wall of the retail store building, or occupied space if located in a multi-user building, for the business proposed to be located.

4.

Retail hours of operation. A cannabis business with a license or endorsement authorizing the retail sale of cannabis flower or cannabis products may not sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products:

(a)

Before 8:00 a.m. or after 10:00 p.m. on the days of Monday through Saturday; and

(b)

Before 10:00 a.m. or after 9:00 p.m. on Sunday;

A cannabis business with a license or endorsement authorizing the retail sale of cannabis flower or cannabis products may not be open to the public or sell any other products during the times when it is prohibited from selling cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products.

5.

Signage. Cannabis businesses and hemp businesses may have no more than two outdoor signs fixed to the exterior of the building or upon the property of the business. The signage shall comply with the other sign-related regulations and permit requirements of this section. The signage shall not contain imagery as prohibited by and shall be in accordance with state statute.

6.

Minimum required off-street parking. The following cannabis businesses shall have at least the number off-street parking spaces indicated:

(a)

Cannabis manufacturer, cannabis testing facility, cannabis processor and medical cannabis combination business. At least one parking space for each 500 square feet of manufacturing/testing space and one space for each 250 square feet of office space.

(b)

Cannabis retailer. At least one off-street parking space for each 200 square feet of floor area up to a retail floor area of 10,000 square feet. At least one off-street parking space for each 250 square feet of retail floor area between 10,001 and 30,000 square feet.

(c)

Cannabis wholesaler. At least one parking space for each 400 square feet of gross floor area up to 6,000 square feet and one parking space for each 1,000 square feet of gross floor area over 6,000 square feet.

(d)

Cannabis cultivator. At least one parking space for each 1,000 square feet of gross floor area of cultivation area and one space for each 250 square feet of office space.

(e)

Cannabis transporter and cannabis delivery service. At least one parking stall for each vehicle used for transporting cannabis, plus an additional 0.5 stall for each vehicle.

7.

Unless otherwise set forth specifically in this subdivision, all regulations in this chapter shall apply to cannabis businesses.

E.

Home occupations. No cannabis retail business is permitted to operate on any property zoned for residential use. A cannabis retail business is prohibited as a home occupation as defined and regulated elsewhere in this chapter. No cannabis shall be grown, cultivated or produced on any property zoned for residential use except as permitted and regulated for personal use in Minn. Stats. Ch. 342.

F.

Consumption and use. A cannabis business may not permit any individual to consume cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products within its licensed premises except as follows:

1.

A cannabis microbusiness with an on-site consumption endorsement may permit on-site consumption of edible cannabis products and lower-potency hemp edibles in compliance with state law; and

2.

A cannabis business may permit on-site consumption of cannabis and hemp products by an employee in compliance with state law.

G.

Temporary cannabis event.

1.

Restrictions. A cannabis event organizer required to hold a license from the state may host a temporary cannabis event provided the following requirements are met and the event complies with the requirements of temporary outdoor event as regulated elsewhere in this chapter if held outdoors:

(a)

A temporary cannabis event may only occur in those zoning districts in which an outdoor cultural/entertainment event is permitted.

(b)

The setback from any property line of any residential use or residential zoned property shall be no less than 200 feet.

(c)

The event may last no longer than four days (96 hours).

(d)

Outdoor consumption or use of cannabis at or on the property of a temporary cannabis event is prohibited when occurring on property within a permitted commercial zone, business park, or research & development zone. Outdoor consumption or use of cannabis at or on the property of a temporary cannabis event when occurring on property within a permitted industrial zone may occur only within a designated area that is surrounded by a commercial grade fence with limited access.

(e)

The event shall operate in accordance with all applicable requirements for temporary cannabis events under Minn. Stats., Ch. 342.

H.

Outdoor cannabis cultivation. All outdoor cultivation of cannabis shall comply with the following requirements:

1.

An outdoor cultivation area must be securely surrounded by a minimum six-foot, 100 percent opaque fence. Fences must be commercial or security grade.

2.

All gates around the entire perimeter must be secure and remain locked to prevent access to the area by unauthorized persons.

3.

A security plan must be included for review and acceptance.

4.

Any portion of the cultivation area must be setback a minimum of 200 feet from residential used or zoned property.

5.

Odors shall be controlled, as necessary, to prevent objectionable odors at the property line consistent with MPCA standards and regulations.

(Ord. No. 366, 2nd series, eff. 10-7-03; Ord. No. 384, 2nd series, § 1, eff. 10-28-04; Ord. No. 390, 2nd series, §§ 1—4, eff. 7-16-05; Ord. No. 396, 2nd series, § 1, eff. 2-7-06; Ord. No. 398, 2nd series, § 1, eff. 2-7-06; Ord. No. 396R, 2nd series, § 1, eff. 8-6-06; Ord. No. 402, 2nd series, § 1, eff. 9-26-06; Ord. No. 407, 2nd series, § 1, eff. 12-4-06; Ord. No. 405, 2nd series, § 1, eff. 4-14-07; Ord. No. 415, 2nd series, §§ 1—3, eff. 8-18-07; Ord. No. 416, 2nd series, § 1, eff. 10-6-07; Ord. No. 419, 2nd series, § 2, eff. 12-8-07; Ord. No. 337, 2nd series, § 1, eff. 2-4-08; Ord. No. 438, 2nd series, § 1, eff. 4-21-09; Ord. No. 440, 2nd series, § 1, eff. 7-7-09; Ord. No. 441, 2nd series, § 1, eff. 7-7-09; Ord. No. 451, 2nd series, §§ 1—6, eff. 2-16-10; Ord. No. 453, 2nd series, § 1, eff. 2-16-10; Ord. No. 463, 2nd series, § 1, eff. 10-5-10; Ord. No. 464, 2nd series, § 1, eff. 10-19-10; Ord. No. 472, 2nd series, § 1, 3-15-2011; Ord. No. 477, 2nd series, § 1, eff. 4-20-2011; Ord. No. 478, 2nd series, § 3, eff. 4-20-2011; Ord. No. 480, 2nd series, § 1, eff. 6-21-2011; Ord. No. 508, 2nd series, § 1, eff. 6-5-2012; Ord. No. 528, 2nd series, § 3, eff. 5-5-2014; Ord. No. 529, 2nd series, § 1, eff. 5-5-2014; Ord. No. 545, 2nd series, § 1, eff. 6-2-2015; Ord. No. 559, 2nd series, § 1, eff. 3-7-2017; Ord. No. 571, 2nd series, § 11, eff. 11-17-2017; Ord. No. 574, 2nd series, §§ 1—3, eff. 1-12-2018; Ord. No. 578, 2nd series, § 1, eff. 6-22-2018; Ord. No. 580, 2nd series, § 1, eff. 2-20-2019; Ord. No. 584, 2nd series, § 1, eff. 3-22-2019; Ord. No. 613, 2nd series, § 1, eff. 1-6-2023; Ord. No. 614, 2nd series, § 1, eff. 1-6-2023; Ord. No. 622, 2nd series, §§ 3, 4, eff. 12-22-2023; Ord. No. 627, 2nd series, § 12, eff. 11-8-2024)

State Law reference— Advertising devices, Minn. Stats. ch. 173.